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HomeMy WebLinkAbout11/06/1961On residential parcels that are large enough to subdivide, if the property owner will deed the necessary right -of -way for street widening the.City will give the owner credit for the value of the property dedicated not to exceed the cost of installing curb, gutter, sidewalk and grading. If the cost of these improvements exceed the land value, then the property owner will pay the City the amount of such excess costs, and the funds should be deposited with the City at the time of execution of the street widening agreement. ' In either event the property owner will covenant with the City that upon any subsequent subdivision or subdivisions the owner would reimburse the City for all improvement costs except an amount equal to the cost of improvement of one normal size front- age, or that parcel retained by the subdivider. �LJ The City will provide all necessary engineering and preparation of documents and will pay for the cost of relocation of utilities, re- placement of landscaping, and replacement of driveway. The City will install a retaining wall whenever.a 2:1 slope in a cut or fill would create a front yard substantially less thean the required set- back. The time when improvements would be installed by the City would depend upon the funds budgeted for these purposes and the written agreement between the City and the property owner would provide that the dedication of right -of -way would be subject to the con- dition that the City would install the necessary improvements when the monies are available. The City Council also adopted the following: That any property zoned or used for other than residential use would have to dedicate the right -of -way and install the curb, gutter and sidewalk. The City, at their expense, would then pave out to such curbs and gutters. The City Council also discussed the matter of appeal procedure from the conditions of the policy resolution and requested that Mr. Houser place the appeal procedure in the final draft of the proposed resolution. The City Council instructed the City Attorney to prepare a new draft of the policy resolution for the Council's consideration at the next meeting. On motion of Mayor Davidson, seconded by Councilwoman McNeil, the meeting adjourned at 11:30 P. M. Approved this 6th day of November, 1961 CITY COUNCIL MEETING November 6, 1961 - -- 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson Roll Call PRESENT - Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson ABSENT - None CITY STAFF PRESENT - Planning Director Abraham, Park & Recreation Supt. Flory, City Attorney Houser, City Engineer Romero, Fire Cheif Schlobohm, Police Chief Schofield, Water Supt. Thompaon, Administrative Officer Miller, City Clerk Fitzpatrick. Minutes of Special Called Meeting of October 30, 1961, were approved on motion of Councilman Shipsey, seconded by Councilman Graves. 1. Communication from William Schofield, Police Chief, requesting sick leave in excess of two weeks for Officer Richard Schacht was approved on motion of Councilman Shipsey, seconded by Councilwoman McNeil. 2. Communication from the Muscular Dystrophy Association requesting permission to conduct a house -to -house march for funds on or about December 1, 1961. Request was granted on motion of Councilman Shipsey, seconded by Council- man Graves. 3. Communication from Lee M. Schlobohm, Fire Chief, requesting permission from the City Council to begin negotiations to purchase a surplus pumper /tanker for the City's Weed Abatement Program. The General Ser- vices Administration has a pumper /tanker which is being declared sur- plus at Camp San Luis Obispo. This vehicle would replace Engine No. 5, which ispresently used in the Weed Abatement Program but is in despe- rate need of repairs. On motion of Councilman Shipsey, seconded by Councilman Graves, the Fire Chief and Administrative Officer were authorized to investigate possible purchase of this vehicle. 4. On motion of Councilman Graves, seconded by Councilman Shipsey, the following salary step increases were approved: Effective November 1, 1961: Paul E. Landell, Jr., Civil Engineering Assistant, from Step 4, at $530 per month to Step 5, at $560 per month. Effective December 1, 1961: Joseph F. Rnepple, Senior Engineering Aide, from Step 2, at $380 per month to Step 3, at $402 per month. 5. The City Council considered the following contract items: General Engineering Municipal Parking Estimate No. 3 & Construction Co. Lot No. 6 General Engineering & Construction Co. Sunderland & Payne Municipal Parking Lot No. 6 Sewer Farm Field Improvements Estimate No. 4 (final) Estimate No. 1 $ 5,044.52 1,602.41 3,655.80 Mr. Romero, City Engineer explained to the City Council the work completed under Change Order No. 1, 2, and 3, on the Municipal Parking Lot. On the -.. Sewer Farm Field improvements, Mr. Romero, explained about the Change Order No. 1, which included deeper ripping of the fields for better water penetration. On motion of Councilman Graves, seconded by Councilman Shipsey, the coa- tract payments and change orders were approved and ordered paid. 6. On motion of Councilman Shipsey, seconded by Councilman Graves, request of the City Clerk to call for bids for Liability Insurance for the City of San Luis Obispo to be opened on December 4, 1961, was approved. 7. On motion of Councilman Graves, seconded by Councilwoman McNeil, the City Council authorized advertising for lease of pasture rights on the Sewer Farm. Bids to be opened November 20, 1961. - 1 I� 1 8. Communication from Hutchinson, Horn, Johnson, & Hey, Certified Public Account- ants, informing the City Council they are interested in performing the City Audit for the fiscal year ending June 30, 1962. They offered to meet with City Representatives if the City Council wished to pursue the engagement. On motion of Councilman Shipsey, seconded by Councilman-Graves, that the auditing firm be notified the City wishes to continue negotiations and have representatives meet with the City along the lines of the firm's proposal. 9. The following resolution was introduced on motion of Councilman Graves, seconded by Councilman Miller: . ' RESOLUTION NO. 864 (1961 Series) "A resolution increasing th6i:1961 -62 Budget." (Whale Rock Project funds) Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 10. The following resolution was introduced on motion of Mayor Davidson, seconded by Councilwoman McNeil: RESOLUTION NO. 865 (1961 Series) "A resolution establishing Mercy Week and Mercy Day in the City of San Luis Obispo." Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Conald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None Fire Chief Lee M. Schlobohm reported to the City Council on the damage to Fire Station No. 3, when a runaway truck hit the station and knocked a big ' hole in the side. Mr. Schlobohm stated he was presently getting bids from three contractors to make repairs, and the insurance company for the truck operator stated they would accept the low bid and asked that the work be done. After discussion by the City Council it was moved by Councilman Graves, seconded by Councilman Miller, that the Fire Chief be authorized to have the repairs made on the Fire Station bythe lowest responsible bidder. 11. Mr. Romero, City Engineer presented plans and.specifications for relocation of force main at Madonna Road, a part of the Madonna Road Freeway Interchange. Work to be paid for by the City with full reimbursement by the State: Mr. Houser, City Attorney suggested to the City Council that the City Engineer obtain a statement from the Division of Highways certifying that the planned improvements represent no betterment and would not involve salvage. On motion of Councilman Graves, seconded by Councilman Shipsey, plans and specifications were approved and call for bids authorized. 12. Communication from the Division of Highways notifying the City of an amendment to the Utility Agreement for sewer service relocation on Madonna Road and the Freeway Interchange, stating that the sewer lift pump will not need to be re- located and the plans and specifications should be so amended. 13. At this time the City Council considered the final passage of the following ' ordinance: ORDINANCE NO. 206 (1961 Series) "An ordinance amending sales and use tax." Finally passed on motion of Councilman Graves, seconded by Mayor Davidson, on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr. Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 14. The City Council considered the final passage of: ORDINANCE N0. 205 (1961 Series) "An ordinance approving the annexation of certain uninhabited territory, designate "Johe Property ", to the City of San Luis Obispo, California." Finally passed on motion of Councilman Shipsey, seconded by Councilman Graves, on the following roll call vote: AYES: ;:Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None 1 ABSENT: None 15a. The City Council considered the final passage of: ORDINANCE NO. 204 (1961 Series) "An ordinance authorizing lease of Cor- poration Yard." Finally passed on motion of Councilman Shipsey, seconded by Councilman Graves, on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None b. Request of Les Anderson for transfer of lease on Old Corporation Yard to Austin Roller who is purchasing the business. Transfer of lease was approved on motion of Councilman Graves, seconded by Councilman Miller. 16. At this time the City Council held a public hearing on the appeal of Sinsheimer Brothers to the City Council on the Planning Commission denial of requested rezoning from R -3 to C -1 of property located on Olive Street between Osos Street and Santa Rosa Street consisting of lots 1, and 4, and the westerly half of Lot 2, Block 76, Old Town. The report of the City Planning Commission denying the rezoning was placed in the record. Mr. Peter Andre, Attorney appeared before the Council on behalf of Sin - sheimer Brothers urging that the rezoning be allowed as the petitioner is planning to place a high -clas restaurant on this property for the convenience of the motoring public and patrons of the motels in the area. This restaurant would not serve alcoholic beverages and would be a family -type restaurant. He further stated that he believed the creek to the west of this property was a natural barrier to restrict further expansion of the commercial zone. He also stated he could ap- preciate the Protestant's views and stated that this was one of the hazards in a growing community. He requested that the rezoning be granted his clients. Mrs. Lucille Thompson appeared before the Council protesting the re- zoning and urged that the City Council uphold the denial of the Plan- ning commission, and further, the area adjacent to this proposed res- taurant was used for high -class single family residences, and the con- struction of a commercial establishment so close would hurt the integ- rity of the residential area. Mr. Chitty objected to the rezoning as he claimed it would not serve the motoring public as claimed by the proponents, due to the location of the off and on ramp to the freeway. ' Mr. Hamilton of the Homestead Motel urged that the City Council authorize the rezoning of this property as this area is desperately in need of a good restaurant for the use of the patrons of the motels in the vicinity, and also a restaurant in this area would help the motels. Mr. Armentrout objected to the rezoning and claimed that under the pre- sent zoning of R -4 the property owner could build a motel with restaurant as an integral part of the motel. Mr. Armentrout then briefly explained the history of the commercial rezoning in the vicinity of Santa "Rosa and Olive Streets, which was placed in this area over the objections of the residents and the planning commission. Mrs. Causcaden urged denial of the rezoning appeal as her property backs up to the creek across from the proposed development and any extension of the commercial uses in this area would be.a hardship on the adjoining property owners. Mrs. Lawson objected to the rezoning due to the noise which would be generated by the operation of this restaurant during the night hours and lights from the automobiles in the parking lot which would shine into residences across the creek. She urged denial of this appeal on behalf of the residents adjacent to this property. Mrs. Smith objected to the rezoning as her property is immediately adjacent to the proposed commercial use and she stated her family purchased this property to be used as a family residence and did not dream that a commercial enterprise would be placed against their pro- perty. Further, she stated that her family, being typical San Luis Obispans, spent a lot of time in their yard and patio, and if this commercial development is placed against her property they would no longer be able to enjoy the benefits of outdoor life. as restaurant patrons would be looking right into their property. She stated she did not believe the proposed rezoning was fair as they had purchased with complete faith in being protected in the R -Zone. Mr. Garry Cully stated that he believed restaurants and motels should be built along freeways and at exit points, so as to bring motorists off.the freeways into the community to patronize local business. Mrs. Matthews objected to the rezoning to commercial as it would hurt their family residence property and make the area undersirable as a high -class residential area. The Mayor declared the public hearing closed. The City Council then discussed the appeal of Sinsheimer Brothers for the rezoning of this area to neighborhood commercial. Councilman Miller presented the following statement regarding the re- zoning request: "This zoning request has been appealed to the Council by Mr. W. Sinsheimer; his request is to change the zoning of R -3 and R -4 property to C -1. I am opposed to the change in zoning. The property must be viewed under the present zoning as having definite land uses. The change of land use to C -1 will usher in changes in the land to a less re- strictive nature. Zoning changes must be viewed in this perspective, and not on the basis of what the property owner presently plans to use the property for - -in this case a restaurant on the property. However, the plans of men are often altered by unforeseen events. The fears of the adjacent property owners on this land use change are justifiable. Mr. Peter Andre, Attorney for Sinsheimer Brothers presented a plot plan of the proposed development of the property by the owner. He also presented a sketch of the proposed buildings to be placed by the Sinsheimer Brothers on this property and stated he was sure that the proposed buildings would not damage the present residential area. Mr. J. W. Abraham, Planning Director stated to the City Council that in its consideration the Planning Commission noted that the recently adopted General Plan did nbt foresee this property as a commercial area, but for residential use; also, over the years the Planning Com- mission had never allowed commercial zoning in this area and has, in fact, denied every request for commercial uses. Mr. Abraham explained the requirements of the C -1 or neighborhood service areas and he also explained that the Division of Highways is planning on changing the route of No. 1 Highway off of Santa Rosa Street, but where the new route will be has not been determined, but if Route No. 1 is taken off Santa Rosa Street it would probably kill these marginal commercial estab- lishments. The Mayor declared the public hearing closed. The City Council then discussed the appeal of Sinsheimer Brothers for the rezoning of this area to neighborhood commercial. Councilman Miller presented the following statement regarding the re- zoning request: "This zoning request has been appealed to the Council by Mr. W. Sinsheimer; his request is to change the zoning of R -3 and R -4 property to C -1. I am opposed to the change in zoning. The property must be viewed under the present zoning as having definite land uses. The change of land use to C -1 will usher in changes in the land to a less re- strictive nature. Zoning changes must be viewed in this perspective, and not on the basis of what the property owner presently plans to use the property for - -in this case a restaurant on the property. However, the plans of men are often altered by unforeseen events. The fears of the adjacent property owners on this land use change are justifiable. As to the placement of a restaurant on the property, I do not see this as a use that would jeopardize the nearby residential property. Here I must disagree with the fears of some of the nearby home owners. There was the concern of noise, expecially from garbgge cans and motor vehicles. The present use of the property allows apartment. houses- - there would be these noises. Some property owners feared the restaurant would invade their privacy. Wouldn't apartment houses with their rear windows? Actually the privacy of the area would be little effected in my opinion under the present land use. The anomaly in this zoning request is that a restaurant can be.con- structed in R -4 providing such an establishment is a part of a motel. If this is so then it seems logical that a restaurant alone could be placed on R -4. I am of the opinion the ordinance is wrong." On motion of Councilman Miller, seconded by Councilwoman McNeil, that the appeal of Sinsheimer Brothers be denied motion was carried by unan- imous vote. Councilman Miller urged that the planning Commission make a study to allow restaurants in the R -4 land use districts. Councilman Graves stated he hesitated requesting extra studies be made by the Planning Commission as they are presently studying several new ordinances, and also, he did not agree that a restaurant should be allowed in the R -4 Zone, or even in a C -1 District. The City Council discussed the suggestion of Councilman Miller to allow restaurants in the R -4 Zone. 17. The City Clerk read the report by the Council Committee consisting of G. W. Shipsey and R. L. Graves, Jr., on the subject of Low -Rent Govern- ment Housing. Report dated October 16, 1961. The City Clerk then read a resolution-of the County Coordinating Council urging that the City Council proceed with an election in order to get these housing issues before the electorate. Councilman Miller urged that the City proceed as soon as possible with and election of this low cost housing matter and that possibly, this issue could be combined with the City's proposed bond election. Council- man Graves urged that an election be expedited on this low cost housing so that units might be authorized for San Luis Obispo before other com- munities use up the federal allocation. Mr. George Clucas representing the low cost housing committee appeared before the City Council reviewing for the Council actions taken by this committee and urged that the City hold an election as soon as possible so it might get on the list for an available housing grant. Mr. Clucas urged that the City should consider turning over the local housing de- velopment to the County Housing Authority as they are organized to handle this housing on a countywide basis and certain economics in staff and overhead could be shared by all housing units in the county. Mr. Clucas stated that the committee also recommended priority be: 1. To City Residents. 2. To County Residents. 3. To any other person who qualifies. 1 Mayor'.C: Dafidsaa suggested that the Council Committee come up with a date on which election of the low cost housing matter could be held. Councilman Miller suggested to the Council that the County Housing Authority be allowed to administer any housing in the City as he has had experience with the County Housing Authority and finds them to be very efficient and very helpful to people in need. 18. Mr. R. Streeter, Co -owner of the Radio Station KSLY appeared before the City Council.submitting a proposal to tape record the City. Council Meet- ings and rebroadcast them without editing, deleting or adding any comments by the KSLY News Staff. This program will not be sponsored and will be carried on as a public affairs presentation to let the public know what the City Council is doing. Also, from time to time, as the occasion arises, they offered.to broadcast live any coverage in the public interest and they would make the remote facilities and personnel available for the broadcast. Mr. Streeter also stated that after the rebroadcast; tapes would be avail- able for permanent records for the City, if they so desired, and a nominal charge would be made for supplies only, and not services. The City Council 1 discussed the proposal of KSLY to broadcast the Council Meetings. On motion of Councilman Graves, seconded by Councilman.Shipsey that the City accept the proposal of KSLY on a trial basis. Motion carried. 19.- The City Council discussed the matter of possible amendment of the Municipal Code to allow 50 ft. lots of.record to be used and built on. Councilman Miller suggested that before any action was taken that a public hearing be advertised and held so that interested persons might be heard on this matter. Mr. Abraham, City.Planning Director suggested that a joint Planning Com- mission and City Council Committee be appointed to study this problem and make recommendations to the Council and Planning Commission after all the facts have been studied. Mayor Davidson appointed Councilman R. J. Graves, Jr., and D. Q. Miller as a Council Committee to meet with representatives of-the Planning Commission to.study and make recommendations of this matter. 20. At this time the City-Council considered the adoption of a resolution establishing certain policies of the City to implement the Setback Ordinance. Paragraph A, Sub - Paragraph 2, was changed as follows: "The City will provide all necessary engineering and preparation of documents and will pay for the cost of relocation of utilities, replacement of landscaping, and replacement of driveways and grading ' in excess of that amount that would have occurred on the old curb line." Paragraph A, Sub-Paragraph-4, added as follows: "The issuance of building permits and connection of utilities shall not be conditioned on the dedication of land for street widening purposes. If the property owner does not wish to con- struct curb, gutter and sidewalk at the new Setback Line, then the permit shall be issued and a cash deposit made with the City to guarantee placement of improvements after negotiation with the City Council." Paragraph B, MAJOR SUBDIVISIONS, was changed to Paragraph C, and amended to read as follows: "l -Major subdivisions of five.lots or more shall be required to dedicate the land required for street widening, install curb, gutter, and sidewalk and earthwork to bring the street to subgrade. The City will base and pave out the-street to meet the new curb line." Paragraph C, formerly Paragraph B, Sub - Paragraph 2, is amended to read as follows: "In either event, the property owner will covenant with the City ' that upon any subsequent subdivision, or subdivisions, the owner would reimburse the City for all improvement costs except an amount equal to the cost of improvement of one residential frontage, or that parcel retained by the subdivider." Paragraph B. Sub - Paragraph 5 was added as follows: "In the event that the property is ever subdivided into five or more lots within any two year period, the subdivider would be required to reimburse the City for the cost of all improvements." The Council was agreed that for the purpose of this ordinance a motel use was to be considered as a residential usage. After discussion by the City Council it was moved by Mayor Davidson, seconded by Councilman Graves, the following resolution be passed and adopted: RESOLUTION NO. 868 (1961 Series) "A resolution establishing certain policies of the City to implement the Setback Ordinance." Resolution passed on following roll call vote: AYES: .Miss Margaret M. McNeil, R. L. Graves, Jr., Gerald W. Shipsey, Clay P. Davidson NOES: D. Q. Miller ABSENT: None . 21. Report.of Brown & Caldwell, Consulting Engineers, on Water Quality In- vestigation for the City of San Luis Obispo, was ordered referred to Mr. Thompson, Water Superintendent for report of recommendations. 22. Board order from the Board of Supervisors notifying the City Council of the adoption of the portion of the City's Master Plan lying out- side the City of San Luis Obispo, between the new freeway, and Old Highway 101, and the entire section of the Freeway and Old Highway 101, was referred to the City Planning Commission. 23. Mr. William M. Houser, Jr., City Attorney reported that through a.series of conferences with Mr. Brazil, and Mr. Hans Mager, Engineer, it was finally agreed that Mr. Dalessi would proceed with the reconstruction of the wall as originally planned by Mr. Mager. Mr. Brazil had re- quested permission to proceed immediately with the construction but he had been informed that they would have to sign the Encroachment Permit Agreement before proceeding with work. Mr. Brazil stated that he would confer immediately with his client to ascertain whether Mr. Dalessi was willing to waive his rights against the City, and stated that they would reach a definite decision on the matter before the next Council Meeting. 24. Communication from Harry N. Jenks, Consulting Engineer, regarding sewage works enlargement and cost estimates for the sewer plant en- largement. Mr. Miller, Administrative Officer presented the following estimated figures for a possible bond issue for improvements to the sewer farm, the outfall lying to the Plant along Higuera Street, and the Trunk Sewer System to serve the proposed industrial area; Sewer Plant $ 1,056,900 Possible federal.grant $ 317,070 Outfall 100000 Cal Poly share, Trunk line, 32% of plant 338,208 Plan A, 6553278 30,000 pop. Equivalent 460,000 1,616,900 Net amount of bond issue: $ 961,622 (Current Estimate) Mr. Miller, Administrative Officer requested authority to instruct Stone and Youngberg, Financial Consultants to proceed with their financial feasibility studies for the sewer plant enlargement. On motion of Councilman Miller, seconded by Councilwoman McNeil, the Administrative Officer was authorized to instruct Stone & Youngberg to proceed with the financial studies necessary for the bond issue. 25. Communication from A. A. Baker requesting the City Council that he be , allowed to withdraw his application for a small subdivision for a por- tion of Lot 4, in the Johnson Subdivision in the City of San Luis Obispo. Request approved by the common consent of the Council. 25a. Communication from Charles J. Berkemeyer notifying the City Council that he was agreeable to place a bond with the City that he would install 100 ft. of sidewalk, curb, and gutter across the frontage of his parcel, previously known as the Stairs property on North Chorro Street. The reason he wishes to delay placing of these improvements is that he has not completed his plans for the property and would not know where to place the curb cuts. Mr.. Houser, City Attorney explained that he had conferred with Mr. Berkemeyer, who was willing to place in trust $1,150.00 worth of stock as a guarantee that he would, within three years, install curb, gutter and sidewalk along said frontage. On motion of Councilman Shipsey, seconded by Councilman Miller, the City Attorney was authorized to prepare an agreement with Mr. Berkemeyer with the deposit to run for a.three year period, at which time the sidewalk must be placed by Mr. Berkemeyer or the City. On motion of Councilman Miller,seconded by Councilman Graves, that the City Waive the require- ments of the small subdivision committee regarding the filing of a "record of survey map ", for the Stairs, Truchan, and Berkemeyer resub- division. 26. Proposal from Stone & Youngberg, Financial Consultants to do financial studies in connection with the water system improvement project for the City of San Luis Obispo. Mr. Miller, Administrative Officer presented the cost estimates for construction of the water treatment plant and possible contributions by Cal Poly. On motion of Councilman Miller, seconded by Councilman Graves, the Mayor was authorized to sign the agreement on behalf of the City, and Stone and Youngberg instructed to proceed with the financial report. Mr. Romero, City Engineer was instructed to proceed with the preparation of the contour map required for the engineering studies being carried on by Mr Adamson for location of the new filtration plant. 27. Mr. Romero, City Engineer presented for the City Council a sketch of the proposed parking and landscaping layout for expansion of Parking Lot No. 4. The City Council requested that Mr. Romero include in his plans a drinking fountain, and possibly, a rest area in the large plot where the palm tree is located. 28. Communication from the City Planning Commission-recommending amendment to the zoning ordinance to change certain zoning districts of Laurel Lane, Orcutt Road, and Bullock Lane from .M to C- 1_S,.and from M to R -4. On motion of Mayor Davidson, seconded by Councilman Graves, a public meeting on this matter was set for 8:30 P. M., November 20, 1961, on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Clay P. Davidson NOES: Gerald W. Shipsey, D. Q. Miller ABSENT: None 29. Utility Agreement No. 2997 from the Division of Highways to relocate city water facilities in connection with the. Madonna Road Interchange was referred to Mr. Thompson, Water. Superintendent. 30. Communication from the City - Planning Commission forwarding for the Council's information Resolution No. 171 recommending the City Council authorize conditional approval of the tentative map of.Tract No. 233, Johnson Highlands No. 4. The City Planning Commission recommends the following exceptions: 1 - That lots 1, 2, 3, and 4, be approved with a lot depth in excess of 150 ft. in accordance with the tentative map. 2.- That the street grade of the extension of Knoll Drive be allowed in excess of 7% maximum specified under the Municipal Code, said grade being from 17% to 19% in accordance with 5 the tentative map. On motion of Councilman Miller, seconded by Councilman Graves, the tentative map was approved and exceptions granted as recommended by the Planning Commission. 31. Communication from Ray Skinner appealing the denial of the Planning Com- mission of a requested variance of 3. ft. in the rear yard requirements of 2 lots in Tract No. 230, and 4 lots in Tract No. 231. It was explained to Mr. Skinner that in order for the Council to hear this appeal, it would be necessary for the Council to set a public hearing and the soonest this appeal could be heard would be November 20, 1961. Mr. Skinner appeared before the Council appealing for consideration to allow a variance of 3 ft. in the rear lots of Tract No. 230 and No. 231, but stated that he was in a rush and needed a decision sooner than Nov- ember 20, 1961, as he was prepared to start construction in Tract No. 230, and 231, but still wished to use the larger house on the smaller lots. After discussion by the City Council and an informal poll relative to their feelings on this matter, Mr. Skinner asked that his request for appeal be withdrawn, and he would place houses on the lots that would meet requirements. 32. Traffic Committee Report of October 17,1961: "61- 10 -6T. For some time, the Traffic Committee has been working with the school authorities on problems created by the new access road from the Junior High School to San Luis Drive. Progress has been made and visibility improved, and we feel that one additional step which should be taken is the installation of an additional cross -walk across San Luis Drive, just south of the access road." On motion of Councilman Graves, seconded by Councilman Shipsey, the recommendation of the Traffic Committee was accepted and the cross- walk order installed. "61- 10 -7T. We have received a suggestion that the red zone on the east side of Chorro, south of Higuera be extended in a southerly direction so as to prevent obstruction of through trafficeby the trucks utilizing the loading zone. We have looked at this and recom- mend that the red zone be extended by forty (40) feet." The following resolution introduced on motion of Councilman Graves, seconded by Councilwoman McNeil. RESOLUTION NO. 866 (1961 Series) "A resolution establishing a No- Parking Zone on Chorro Street." Passed and adopted on following roll call vote: AYES: Councilwoman Margaret McNeil, Councilmen R. L. Graves, Jr., , Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 1161- 10 -8T. At the request of the Mayor, the Traffic Committee has looked at the traffic flows in the vicinity of Chorro and Rougeot Place. We concur in his suggestion that an additional 115 feet of curbing south of Rougeot on the west side of Chorro be marked red." Councilman Shipsey moved that the recommendation not be accepted by the City Council. Motion died for lack of a second. The following resolution was introduced on motion of Councilman Miller, seconded by Councilman Graves: RESOLUTION NO. 867 (1961 Series) "A resolution establishing a no-parking zone on Chorro Street south of Rougeot Place." Councilman Shipsey suggested that the property owners involved should be notified that the Council is contemplating a change on Chorro Street, so that they would be aware of the Council's plans. Resolution passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: Gerald W. Shipsey ABSENT: None 33. Communication from B. W. Krahling requesting Council's exception to the Municipal Code to allow an extra wide driveway approach to his residence at 1443 Cazadero Street. This request was being made due to the street intersecting with his property. Mr. Romero, City Engineer stated he had no objection to this wider driveway because of the large lots and ample onstreet parking in the area, but that under the Municipal Code, the property owner must get permission from the Council in order to have a wider driveway. On motion of Councilman Miller, seconded by Mayor Davidson,the request was granted. 34. Claim for alleged personal injuries and property damage to Zita Maney of Evanston, Illinois, was referred to the City's insurance carrier. 35. Claim of James S. Hayward.for alleged property damage to his hot water heater when the City Water System failed on October 6,.1961, was referred to the City's insurance carrier. 36. Claim against the City of San Luis Obispo by Maino Construction Company ' was referred to the City Attorney for study and report. 37. The request of the Veterans of.World War One, to hold a Kiddie Show at . the Junior High School Gym on December 16, 1961, was granted on motion of Councilman Graves, seconded by Councilman Shipsey. 38. Communication from the. Dept. of Water Resources regarding estimated expenditures on the Whale•Rock Project through December 31, 1961, was ordered received and filed. 39. On motion of Mayor Davidson, seconded by Councilman Graves, the following listed members of the Engineers and Grading Contractors Association and members of the Operating Engineers Union were thanked by the City for con- tributing equipment and labor to the City of San Luis Obispo at the Laguna Lake Earth- Moving Project: OPERATORS Roy Hollis John P. 0. Box 225 Star Route Box 17 Nipomo, California Arroyo Grande, Calif. Clyde Crane 479 Michell Drive San Luis Obispo, Calif. Ben Deleissegues 438 Freeair Drive Buellton, Calif. Eugene Castner Box 382 Oceano, Calif. Andy Mendez P. 0. Box 334 Buellton, Calif. Walter Bernard Marvin.:: Ormonde 1665 Alrita St. Rt. 2 Box 239B San Luis Obispo, Calif. San Luis Obispo, Calif. Tom Albertson Mario Rasinelle 1740 N. Lincoln %S. A. Cummins Co. Santa Maria,.Calif. 745 Betteravia Road Santa Maria, Calif. Marvin Parrish Hank Vernon 3825 Mono Place Rt. 1, Mallagh St. Santa Maria, Calif. Nipomo, Calif. Jack Foster Box 742 San Luis Obispo, Calif. INSPECTION AND MISCELLANEOUS Mr. Ed Bradley Mr. David Romero Mr. Milo Tappa Mr. Douglas Howard Bert Crowe Rt. 1, Box 19H San Luis Obispo., Calif. Fred Beecham 1037 Mill Street San Luis Obispo, Calif. Dan Geisler P. 0. Box 144 Cayucos, Calif. Ken Bernard 610 Miles Ave. Santa Maria, Calif. Floyd Richardson % Sunderland & Payne 145 South Street San Luis Obispo, Calif. Bill Dowell P. 0. Box 306 Nipomo, Calif. Mr. Robert Vosburgh Mr. Anthony Juarez MEMBERS OF THE ENGINEERING AND GRADING CONTRACTORS ASSOCIATION R. A. Bianchi -Silva & Hill R. H. & J. H. Beecham Attn. R. A. Bianchi Rt. 1, Box 111 P. 0. Box 287 San Luis Obispo, Calif. Santa Maria, Calif. S. A. Cummings Company Attn: Robert Scott 745 Betteravia Road Santa Maria, Calif. Frank P. Donovan Contractor 625 E. Hermosa Street Santa Maria, Calif. M. J. Hermreck P. 0. Box 217 Nipomo, California W. M. Lyles Company Attn: W. Lyles Jr. Santa Maria, Calif. Sanchez Bros. - Clayton Sanchez Box 83 Santa Ynez, Calif. Sunderland & Payne 145 South Street San Luis Obispo, Calif. Ted Watkins Construction Company, Inc P. 0. Box 453 San Luis Obispo, Calif. A. J. Diani Construction Company P. 0. Box 636 Santa Maria, Calif. Guido 0. Ferini P. 0. Box 558 Santa Maria, Calif. Hi Way Contractors, Inc. Betteravia Road Santa Maria, California H. D. Peterson 9005 E1 Camino Real Atascaddro, Calif. A. T. Smith P. 0. Box 961 Lompoc, Calif. % Jim Easter Valley Paving & Construction Company P. 0. Box 6 Pismo Beach, Calif. San Luis Ready Mix - Attn: Jake Will P. 0. Box 646 Santa Maria, Calif. NON- MEMBERS OF THE ENGINEERING AND GRADING CONTRACTORS ASSOCIATION Ray C. Skinner 2405 Thompson Boulevard P. 0. Box 3156 Ventura, Calif. Harris Boyd % Laguna Lake Village Sales Office 1108 Madonna Road San Luis Obispo, Calif. Jack Dewar Norwalk Products Rt. 1, Box 6, South Highway San Luis Obispo, Calif. Leo Bookless 547 Stanford Avenue San Luis Obispo, Calif Union Oil Company of Calif. 40. Notice of the next Channel Counties Division, League of California Cities Meeting to be held in Santa Maria on November 16, 1961, was ordered received and filed. 41. Communication from the Division of Highways notifying the City Council that for gas tax purposes the Freeway Annexation has added 309 residents to the City's population. Communication ordered received and-filed. 42. Communication from the Division of Housing, Department of Industrial Relations notifying the City Council that the Housing Division will resume jurisdiction of Mobilehomes•and Mobilehome Parks within the City of San Luis Obispo, until the City adopts the required codes to do the inspection them'selvess. Referred to the City Attorney for study and recommendation to the City Council. 43. For the Council's information copy of communication from Cal Poly to the Brotherhood of Locomotive Engineers regarding traffic safety at the Foothill Boulevard Grade Crossing. Ordered received and filed. 44. Board order from the County Board of Supervisors changing the name of Old Highway 101, south of San Luis Obispo to Higuera Street, was referred to the Planning Commission. 45. Communication from Dr. B. F. Loveall suggesting to the City Council that the High School Buildings which are scheduled to be torn down,be kept for Civil Defense and other purposes, and that the new San Luis Obispo High School Campus, and future Junior High School be constructed in the Laguna Lake area so that joint uses by the City and School District could be made of the improvements. On motion of Mayor Davidson, seconded by Councilwoman McNeil, the meeting was adjourned at 1:05 A. M. ---- ----- -- ------ Approved this 20th day of November, 1961. City Clerk L J