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HomeMy WebLinkAbout09/03/1963�II �J REGULAR MEETING OF C111- COi ,;CIL September 3, 19u3 - 7:30 P. X. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call City Staff Present: Clay P. Davidson, Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clell W. Whelchel Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatric city %leak; W. Flory, a�p2riateadent of F::xke u Recreation; 1. M. Mouser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; W. Schofield, Police Chien. The minutes of the meetings of August 12 and 19, 1 1163 were held over. Claims against the City for the month of September, 1963, were approved and ordered paid, subject to the approval of the Administrative Officer, on motion of Councilman Miller, seconded by Councilman Whelchel. 1. R. D. Miller. Administrative Officer, announced the appointment of N. Arlene Grice as Parking Enforcement officer (Fzmale) for the Police Department, effective September 1, 1913 at $350.00 per month. 2. Communication from Barbara Ryan, Typist - Clerk, in the City Library, requesting that she be allowed one week's vacation prior to her anniversary date. R. D. FSiller, Administrative Officer, and Miss Patricia Clark, City Librarian, recommend approval by the City Council. On motion of Councilman Graves, seconded by Councilman Miller, the request was approved. 3. On motion of Councilman Miller, seconded by Councilwoman McNeil,_the following contract payments were approved and ordered paid: TED WATKINS CONSTRUCTION COMPANY Street Repair Program, Phase 11M" Est. 'k3 $528.32 Est. #4 (Final) $569.85 MIRAFLORES CONSTRUCTION COMPANY South Higuera Sewer Trunk Line Est. #3 $5,852.59 Est. #4 (Final) $6,343.38 C. S. CONSTRUCTION COMPANY Foothill Blvd., Stenner Creek to California Blvd. Street Improvement Est. #2 $5,779.57 NORTH BAY CONSTRUCTION COMPA11Y Sewage Treatment Plant Enlargement Est. #12 $539076.64 4. J. H. Fitzpatrick, City Clerk, reported to the City Council the following bids received for the improvement of Municipal Parking Lot No. 1, City Plan. No. 3 -64. C. S. Construction $9,523.10 General Engineering & Construction 72995.35 Ted Watkins Construction Co. 10,564.05 Madonna Construction Co. 119597.00 R. D. Miller, Administrative Officer, recommended that the low bid of General Engineering & Construction Company be accepted as it is well under the Engineer's estimate and within the budgeted funds. On motion of Councilman Graves, seconded by Councilman Whelchel, the low bid of General Engineering & Construction Company was accepted. City Council Minutes September 3, 1963 Page -2- 4a. J. H. Fitzpatrick, City Clerk, reported on the following bids received for the Fire Truck with 1250 G. P. M. Triple Combination Pumping Zngine: LESS TRAD3 LESS TRADE TOTAL 1939 I-ACK 1941 AMER LAY. NET 33,477.60 19050.00 450.00 31,977.50 36,290.80 250.00 250.00 35,790.80 34,223.05 425.00 575.00 33,223.05 R. D. Miller, Administrative Officer, recocmended that the low bid be held over two (2) weeks so that the Fire Chief and the Administrative Officer could investigate this matter, since tae bids were over the budgeted funds. On motion of Councilmar Graves, seconded by Councilman Miller, Mr. Miller's recommendation was approved. Motio_i carried. 5. J. H. Fitzpatrick, Citv Clerk, reported on the following bids received for the widening of Madonna Road, City Plan No. 2 -64: Madonna Construction Company $5,507.00 C. S. Construction Company 52786.50 Guido 0. Ferini 5,960.00 General Engineering & Const. Co. 5,990.00 Ted Watkins Construction Co. 6,156.50 R. D. Miller, Administrative Officer, reco=ended that the low bid of Madonna Construction Company be awarded. Cost of construction: $5,507.00. On motion of Councilman miller, seconded by Councilman Graves, the low bid of Madonna Construction Company was approved. 6. Agreement between the Shell Oil Company and the City of San Luis Obispo, to install curb, gutter and sidewalk and driveway ramp across Shell Oil Company's eighty foot (80') frontage lying along 4x1196 Foothill Boulevard. 7. Agreement to install curb, gutter and driveway ramp across Mary E. Taylor's fifteen foot (15') frontage lying along Foothill Boulevard between the Southern Pacific right -o£ -way and the Shell Oil Company Distributing Plant. 8. Grant Deed from Frederick and Rosemary Julien for property located in the California Park Subdivision along the southerly line of Foothill Blvd. a distance of 150.00 ft. Mr. W. M. F:ouser, Cite Attorney, stated that the two (2) agreements provide for the property owner to reimburse the City for their pro -rata cost of curb, gutter and :;idewalk improve:aents across their frontage. On motion of Councilman Graves, seconded by Councilman 1:4:elchel, Mayor Davidson was authorized to accept and ssi�,'n thr agreements on behalf of the City and to accept and record the Grant Deed. 9. !,t this time an agreement wit': ths: Cit j Neon to place a free standing sign located at 1347 Monterey Street and remove same if and when the City wideps the street, was introduced. City Attorney Houser explained the conditions of the agreement. On motion of Councilman Graves, seconded by Councilman Hiller. the Mayor was authorized to sign th.- agreement on behalf of the City. 10. On motion of Councilman Hheichal, seconded by Councilman Graves, the following ordinance was introduced for final passage. Ordinance No. 268, an ordinance amending Sect ?on 9200.5 of the San Lu:'.r: Obispo Municipal Code to change the zoning of a parcel of property from '11411 to Finally passed on the following roll call toLp : PLUS NAME PRICE SALES TAX ' Mack Trucks NO BID P.E.Van Pelt 329190.00 1,287.60 Seagrave Corp.34,895.00 1,395.80 Crown Fire - coach 32,911.59 1,316.59 LESS TRAD3 LESS TRADE TOTAL 1939 I-ACK 1941 AMER LAY. NET 33,477.60 19050.00 450.00 31,977.50 36,290.80 250.00 250.00 35,790.80 34,223.05 425.00 575.00 33,223.05 R. D. Miller, Administrative Officer, recocmended that the low bid be held over two (2) weeks so that the Fire Chief and the Administrative Officer could investigate this matter, since tae bids were over the budgeted funds. On motion of Councilmar Graves, seconded by Councilman Miller, Mr. Miller's recommendation was approved. Motio_i carried. 5. J. H. Fitzpatrick, Citv Clerk, reported on the following bids received for the widening of Madonna Road, City Plan No. 2 -64: Madonna Construction Company $5,507.00 C. S. Construction Company 52786.50 Guido 0. Ferini 5,960.00 General Engineering & Const. Co. 5,990.00 Ted Watkins Construction Co. 6,156.50 R. D. Miller, Administrative Officer, reco=ended that the low bid of Madonna Construction Company be awarded. Cost of construction: $5,507.00. On motion of Councilman miller, seconded by Councilman Graves, the low bid of Madonna Construction Company was approved. 6. Agreement between the Shell Oil Company and the City of San Luis Obispo, to install curb, gutter and sidewalk and driveway ramp across Shell Oil Company's eighty foot (80') frontage lying along 4x1196 Foothill Boulevard. 7. Agreement to install curb, gutter and driveway ramp across Mary E. Taylor's fifteen foot (15') frontage lying along Foothill Boulevard between the Southern Pacific right -o£ -way and the Shell Oil Company Distributing Plant. 8. Grant Deed from Frederick and Rosemary Julien for property located in the California Park Subdivision along the southerly line of Foothill Blvd. a distance of 150.00 ft. Mr. W. M. F:ouser, Cite Attorney, stated that the two (2) agreements provide for the property owner to reimburse the City for their pro -rata cost of curb, gutter and :;idewalk improve:aents across their frontage. On motion of Councilman Graves, seconded by Councilman 1:4:elchel, Mayor Davidson was authorized to accept and ssi�,'n thr agreements on behalf of the City and to accept and record the Grant Deed. 9. !,t this time an agreement wit': ths: Cit j Neon to place a free standing sign located at 1347 Monterey Street and remove same if and when the City wideps the street, was introduced. City Attorney Houser explained the conditions of the agreement. On motion of Councilman Graves, seconded by Councilman Hiller. the Mayor was authorized to sign th.- agreement on behalf of the City. 10. On motion of Councilman Hheichal, seconded by Councilman Graves, the following ordinance was introduced for final passage. Ordinance No. 268, an ordinance amending Sect ?on 9200.5 of the San Lu:'.r: Obispo Municipal Code to change the zoning of a parcel of property from '11411 to Finally passed on the following roll call toLp : City Council Minutes September 3, 1963 Page -3- AYES: Clay P. Davidson, R. L.-Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None ' 11. On motion of Councilman Graves, seconded by Councilwoman McNeil, the following ordinance was introduced for final passage. Ordinance No. 270,_ an ordinance of the City Council of the City of San Luis Obispo authorizing an amendment to the contract between the City Council and the Board of Administration of the California State Employees' Retirement System. Finally passed on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller., Clell W. '-;zelchel NOES: None ABSENT: None 12. On motion of Councilman Miller, seconded by Councilman Whelchel, the following ordinance was introduced for final passage. Ordinance No. 269, an ordinance levying a tax for the current fiscal year 1963 -64 upon all taxable property within the City of San Luis Obispo and fixing the rate of such tax. Finally passed on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald q. Miller, Clell i,'. Whelchel NOES: None ABSENT: None 13. On motion of Councilman Miller. seconded by Councilman Whelchel, the following ordinance was introduced for final passage. Ordinance No. 272, an ordinance approving the annexation of certain uninhabited territory, designated "Perozzi Annexation No. 2" to the City of San Luis Obispo. Finally passed on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss 1�largaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 14. At this time Ordinance No. 271, an ordinance amending Section 9200.5 of the San Luis Obispo Municipal Code, to change the zoning of a parcel of property from "R -1" to "C -1 ", was presented for final passage. Councilman Miller stated that one problem is that the "S" classification shoo:::: be on all shopping areas so that the Council could control the noise, drainagr etc. City Attorney :Mouser stated that this would be more restrictive and the Counci: should set a time for a public hearing so that the property owners would have the opportunity to be heard before a new ordinance could be passed to print to "C -1 -S". Councilman Miller asked if Commissioner Lenger of the Planning Commission was the dessenting vote on the rezoning. Commissioner Lenger stated his was the dissenting vote. Peter Chapman Director of Planning & Building, stated that the vote was five ayes, one noe and one absent on the motion to deny the rezoning. City Council Minutes September 3, 1963 Page -4- Councilman Miller stated that the Council has had this problem with other properties because the property was not classified with "S ". He stated further that the Planning Commission has required "C -1 -S" on all shopping area properties and that this had been an oversight by the Council. He suggested that thePlanning Commission and City Council should get together and discuss this matter before the meeting of September 16, 1963. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the City Council and Planning Commission meet to study this matter on September 10, 1963 and then have a public hearing on this rezoning and that the public hearing be set for September 16, 1963, at 8:00 P. M. Motion carried. 15. At this time a public hearing was held on the planned development of Dollie Adams for student housing. Mayor Davidson explained that the proponents and opponents would be given fifteen (15) minutes each to speak in order to save time and then each side would have seven (7) minutes for rebuttal. Mr. Evans, spokesman for the opponents, appeared before the City Council stating that he did not believe fifteen (15) minutes was long enough to present material on this matt.. ^_r. Mayor Davidson opened the public hearing. Peter Chapman, Director of Planning & Building, stated that in June of this year the Planning Commission received an application for rezoning of an area between Frederica Street and Bond bounded by Motley and Hathway Streets. He then presented sketches showing the area involved. He stated that the Planning Commission held a public hearing on this application, but before it was acted upon, another application was received for a planned development area to acco- =odate between 1600 to 2000 students. At the hearing on the rezoning, a signed petition of protest was received with 243 signatures and letters were also received from local residents protesting the development. The Commission suggested that the planned development be amended to 300 students. The applicant was not willing to do this and the Planning Commission recommended that both applications be denied. Mr. Dean Soape, Attorney representing Mrs. Adams, stated that the property was zoned "R -2" and that he is requesting a planned development in the "R -2" zone. He stated that after learning of the need for Cal Poly housing, Mrs. tdams engaged the architectural firm of Skidmore, Owings & Merrill to make a study of this property for development to student housing. Mr. Walter Costa, Architect He stated that the main rea the Council consider the ap for the proposal of 300 stu required that there be a on the Planning Commission vas the one to two parking from for Mrs. Adaas, presented slides of the project. on that the applicant, Mrs. Cdams, requested that lication rather than the Planning Commission ents, was because the Planning Commission also to one requirement in the parking and that what recommending.-was excessive and they would requesE the City Council as originally requested. He stated that this property is ten minutes from the campus. The site would consist of a series of buildings facing in to contain the activity within the area itself. Underground and surface parking was proposed. There would also be a dining facility coming off Bond Street on the Fredericks side, He stated that he believed the first thing that must be dons is to provide an adequate area for the students. He then showed various slides and explain : each of them. He stated that they would be willing to work closely with the City on tais project. He further stated that his client wished to complete this project with as much satisfaction to everyone concerned and hoped that an opportunity would be afforded to discuss these proposals further.. lie believed that this was a fine protect and one that was needed for college students and that the.City in general would benefit from this development. City Council Minutes September 3, 1463 Page -5- m . Grans appeared before the City Council stating that a packet was presented to the Council prior to the meeting and that this packet contained their four (4) main objections to this development. They are listed as follows: 1. The proposal violates the basic precepts of the general plan wherein it symbolized the subject area as medium low density. 2. The placement of a large number of people in a small area would upset the safety, convenience and general welfare and undermine property values in an otherwise predominately single - family area. 3. The creation of a large concentration of population would disperse traffic in all directions from the subject area where there are local streets, all of which lends itseli to congestion, confusion and accidents. 4. The excessive vacant or under - developed amount of land already zoned R -3 located in San Luis Obispo, much of which lies in close proximity to Cal Poly, would be deprived of normal development if this proposal. were approved. Dr. Ric:.ard tells, 1632 rredericks Street, protested to this proposal as a home owner and a resident. "rae presented the following summary: "Included with this, of course, is a letter from ;vs. 3enry Case who is a traffic engineer. His letter shows the total inadequacy of the proposed plan in regard to the amount of parking being provided. An overlay which will be shown will show how our residaur-!.al area would be affected. There is inadequate parking space at this proposed site, the streets in our area would of course become the parking space for these extra cars. If, under this plan, 55% of the students had cars, 100 extra cars would have to be parked on our streets. If 60% of them owned cars, then there would be 300 extra cars spilling over into our streets, taking up parking space in front of our homes and obviously creating quite a nuisance problem: I wish to stress that, according to i%w. Case's statistics, at the present time at the Univer. ^,ity of California in Santa Barbara there is approximately 1 car per student who is living OFF campus: Ue see no reason why this would not apply here. In addition, we wish to stress again that none of us are in a position to predict what will happen in 10 or 20 years from now. Provision must be made for the future; not to do so would be gamblin3 with the only ones to 6e hurt -- the property owners and residents of our area. This would be totally unfair to us. The proponents have made much ado about the fact that the students could walk to school. However, this does not prove that they WILL walk to school. The fact that they have cars means that they may very well use them, and again create quite a congestion problem in the early morning and at other times they would be driving through these streets. A look at the map would indicate that these cars and /or pedestrians would be driving or walking through Orange, Kentucky, and Longview Lane, inasmuch as these would be the streets providing access to the college. If this proposed dormitory would be allowed, you would be substituting one problem for another- -the problem of increased "t critical point in our opposition to the Dollie Adams housing proposal concerns proper planning for our City and the question of population density. This application, in essence, requests approval to crowd some two thousand persons into a small area in the midst of an established low- density family residential district. We contend that this proposal is completely incompatible with the approved 1 General Plan for the City, that it is therefore in viclation of the Ordinance covering Planned Development Districts; that it would disrupt a neighborhood and be inisicai to the welfare of a substantial number of home - owners and tax - payers, and therefore not be in the best interests of the City. 'tie submit that no individual promotion or special interest group has a right to violate the principles'of sound planning on *.which our citizens should be able to depend." Dr. Louis Tedone appeared before the City Council objecting to the planned development proposed by Dollie Adams and presented the following summary: "Included with this, of course, is a letter from ;vs. 3enry Case who is a traffic engineer. His letter shows the total inadequacy of the proposed plan in regard to the amount of parking being provided. An overlay which will be shown will show how our residaur-!.al area would be affected. There is inadequate parking space at this proposed site, the streets in our area would of course become the parking space for these extra cars. If, under this plan, 55% of the students had cars, 100 extra cars would have to be parked on our streets. If 60% of them owned cars, then there would be 300 extra cars spilling over into our streets, taking up parking space in front of our homes and obviously creating quite a nuisance problem: I wish to stress that, according to i%w. Case's statistics, at the present time at the Univer. ^,ity of California in Santa Barbara there is approximately 1 car per student who is living OFF campus: Ue see no reason why this would not apply here. In addition, we wish to stress again that none of us are in a position to predict what will happen in 10 or 20 years from now. Provision must be made for the future; not to do so would be gamblin3 with the only ones to 6e hurt -- the property owners and residents of our area. This would be totally unfair to us. The proponents have made much ado about the fact that the students could walk to school. However, this does not prove that they WILL walk to school. The fact that they have cars means that they may very well use them, and again create quite a congestion problem in the early morning and at other times they would be driving through these streets. A look at the map would indicate that these cars and /or pedestrians would be driving or walking through Orange, Kentucky, and Longview Lane, inasmuch as these would be the streets providing access to the college. If this proposed dormitory would be allowed, you would be substituting one problem for another- -the problem of increased City Council Minutes September 3, 1963 Page -6- pedestrians and cars passing over narrow, curved streets that were not meant for such usage. These are streets that are in private-, residential areas. Once again, these streets were NOT meant to carry this type of traffic. Kentuck.Street is, at the present time, a direct access route to the Freeway. The residents of this area are already troubled and have a certain amount of nuisance from the present traffic going through this street. The proposed building plan would increase tis_s load tremendously. Fe would be virtually putting 0 to 10% of the City population in a two -block area. In final analysis of this particular problem, we would notice that both becaus: of the tremendously increased pedestrian traff -c, vehicular traffic, and parking problems that would arise from this plan as it is now contemplated, we can safely say that tae City would be creating a problem for its citizens to try to meet a stated need of a neighboring institution. This is totally unfair to the present residents to allow a commercial venture of this type to be completed _n an area that was never designed or intended for such usage. It would appear completely and morally wrong to fill a so- called need of neighboring institutions by jeopardizing the safety of children, the convenient. in everyday 'Living of the immediate residents who built and invested with the knowledge that they were being protected by their City." Mr. Evans again appeared before the City Council and presented Mr. Gray. Mr. Arthur Gray, 1631 Fredericks Street, appeared before the City Council stating that the developers will not have to live with this project, but the property owners in the surrounding area will. He presented the following summary: "Proponents of the Dollie Adams project have presented a package priced at ' $69000,000.00. We have been shown some architectural drawings of a princely palace, we have been reminded that Dollie Adams does not lose money on her business ventures, and we have been told this is for the good of the City., Nothing offered below should be construed as implying that we favor this package, since it is our position that any developmeut that makes such a drastic change in the density pattern of our neighborhood is not a healthy growth, but a cancer. We feel that, among other considerations, an examination of the practical matter of water and sewage will show that this is not for the good of the City. We humbly urge the City of San Luis Obiapo to look into the following points: 1. Has the impace on existing water and sewage systems been investigated? 2. What is the capacity of the installations now in use? 3. t• ?hat would be recuired tc meet the needs of an additional 2,000 residents, all situated in such a limited area? 4. What would these requirements cost, and who would pay for them? We believe that these points warrant serious study, since any failure to do so now could result in disastrous inconvenience, to say nothing of heavy charges to be borne by the community at large, in the event of faulty planning. It is commonly said, in non - technical magazine articles available to the public that sub - divisions are subsidized by all the taxpayers, because of charges for additional police protection, street - lighting, paving and other items which are not paid for by the developers. Is there not an equally strong possibility that the tax benefits that the City would derive from this project might soon be cancelled out by improvements that would end up by being added to the tax bill of all of us? It is certain that the project would pay for interior utilities. Who is going to pay for the exterior water and sewage improvements that the heavy load of 2,000 additional users will demand? Storm drains outside the project may be another unforeseen expense that the community will have to pay for. Solid surface creates more run -off by a City Council Minutes September 3, 1963 Page -7- good deal than the same amount of bare ground, and this too will become the problem of us all with the coming Winter's rains. A building worth $6,000,000 would presumably have a tax base of $1,500,000 which at the present City tax rate of $1.50 /hundred would yield $22,500 in revenue. Given the probably cost of installing larger and /or more water, sewage, and surface drainage facilities in the future, is it reasonable to say 1 that construction of such a project is going to be a real benefit to the City ?' Mr. Evans stated that this concluded the presentation of the opponents. He concluded that Hahn, Wise & Associates, Planning Consultant:,, had stated that it would be a drastic change on the part of the City to have thin project developed. He stated that if the areas properly zoned for this type of use were developed, then his group would support the development. Mr. Costa, architect for Mrs. tdams, stated that Mrs. Adams was requesting that the Council approve this application for planned development for student housing. He believed the proper procedure would be to approve the planned development and then work out any problem such as parking, density, etc. Councilman Graves stated that the Council was considering the approval of a planned development, and asked Mr. Houser, City Attorney, if the Council could approve the planned development even though the parking requirements had not been established. City Attorney Houser stated that the Council could appra final at this time by, (1) indicating their intention to number of students to be worked out later in approving a (2) to make a conditional approval subject to conditions submittal for approval to the Council. Either one would being completed until this plan is worked out. 7e a plan that is not consider the maximum precise plan, of density and prevent the project ' Councilman Whelchel asked how low a figure of students would be acceptable Mr. Costa stated that they would like to get together with a Planning Depart- ment representative to discuss this matter. He believed 300 is too low, and they felt that the best way to arrive at a number is to meet and discuss this with a group of planners. Councilman ffi elchel stated that he believed that 300 students was acceptable to the opponents. Mr. Costa stated that they were usiag this as a counter proposal to bring the matter back to the Planning Commission as they did not have ample authority at that time for negotiation. He stated that they had discussed 1,000 students and he dd not believe that a public hearing was the place to arrive at an exact figure. Councilman Miller stated that he had made a tour of the state to see if other cities were having the same problems. He visited five (5) campuses, four of which were state owned and one was private. They were: Fresno, San Jose, Claremont, Long Beach, and San Fernando. All but Claremont College are in the state college system. He stated that housing facilities are not being built on these campuses, that all the money is be4.ng used for education. Types of off campus housing are; ' small apartments, fraternities, soriorities, and off campus student housing. Long Beach had a Chandler- O'Meira project which was being protested by the property owners. It was located two (2) miles from the campus and was the exact design of the Meinecke property proposal which was up before the City Council awhile ago. Of the five (5) schools, each one has a different policy dealing with local problems regarding off - campus student housing. Councilman Miller stated in summary that he has given time and consideration to this project and realizes the need of the school and the community, but he does not agree with the proponents for a 1600 student development, as this is much too high, but felt that there is justification for housing projects City Council Minutes September 3, 1963 Page -8- going in the vicinity of the area under consideration, providing they were adequately controlled. He suggested that the Council meet with a group of the opponents and proponents and attempt to resolve this matter to compromise and arrive at some sort of agreement. He believed that we need off campus housing and everybody knows it. ' Councilman Miller moved that the Council and the committee meet with Mr. Costa to come up with some sort of decision. Mr. Evans stated that the opponents have not had their rebuttal. Mr. Evans stated that he had the feeling that the proponents were asking for a blank check with the Council's permission to do as they wished and bypass the feelings of the property owners. He stated that he would like to know what will be done at this time. He stated that there was no concrete proposal before the Council and this group was at this meeting trying to present a new proposal and not amend the old one. City Attorney Houser explained that the Council has the right to modify the number of students, parking or any other restrictions of the planned development. The application is for an indefinite figure, and the Council has the right to allow as many as they deem advisable. Mr. Evans stated that although the number was general, that he believed everyone should keep to the application, and he felt that the basic problem is still unsolved. He stated that the cities that Councilman Miller was reporting on were in trouble now because they did not look into the future and that San Luis Obispo has the opportunity now to look ahead, and the ' Council should be in the position to control this type of building. He believ_ that it is much better to use the general plan as static plan because at least we have something to work with. Councilman Graves stated that he believed everyone is interested in doing what is right for the community, and possibly we could poll the Council first to see if the Council is in favor of student housing. If the Council is not in favor of student housing, then the matter is completely closed. If they are interested, then he believed we should use suggestions of Councilman Miller to form a committee consisting of: one member from the opponents, one member from the proponents, one from Cal Poly, three members of property owners being picked by the City Council, to meet with the Planning Commission to resolve this matter. It was moved by Councilman Graves, seconded by Councilman Puller, to poll the City Council as to their feelings on the need of organized student housing in this area. Bert Fellows, Cal Poly instructor, questioned whether a person could be heard before taking action on this matter. Mayor Davidson stated that there should be a motion to see if this discussion should be continued. Mrs. Preston objected to the student housing. 1 Lloyd Abbot stated that he objected to student housing in residential areas. Councilman Graves stated that the property is presently zoned R -2 and can be handled with a public hearing. Gladys Gray objected to the student housing. She believed that one cultural aspect in the neighborhood has been on Orange Drive in their Christmas Lane and if you change the character of this area, you will be changing the cultural attributes of the community. Mr. Costa stated that the Planning Commission proposed 300 students, but the original request was for from 1600 to 2000 and that they were not given an opportunity to negotiate the Planning Commission's proposal for 300 students. City Council Minutes September 3, 1963 Page -9- Emmons Blake, Planning Commissioner, stated that before the Planning Commission arrived at the 300 figure, they asked the proponents for adjusted density and suggested that they contact their client for authority, but they did not, so the Planning Commission arrived at the figure of 300 students. Mr. Weix stated that he believed this public hearing was for the Council ' to make a final decision this evening. Mr. Houser, City Attorney, stated that the Council has the right to impose greater restrictions, etc., but that it is the Council that makes the final decision, in that they have the authority to restrict the number of students, noise, and problems they feel the project may create. Lloyd E. Somogyi, 26C Chaplin Lane, stated that he believed the point should be clarified by Mr. Houser because this is a specific plan and that it is the purpose of the public hearing. He stated that he believed the proponents were attempting to bypass the public hearing. He did not believe that the proponents have a specific plan this evening. & dial not believe that they were offering a plan so that the residents will know exactly what is going in this area, and that they should prepare a specific plan and then have it come before the Council. Dr. Dunkiee stated that the Planning Commission pointed out that there was properly zoned areas. for this housing, but were advised by Mr. Costa that this is where they wanted to build as this is where Miss Adams owned the land. Mr. William Preston stated that this is a faculty area, already zoned, and if the Council approved the proposal, it would be a breach of contract with the property owners. Mayor Davidson stated that he went out to Cal Poly to see what their plans ' were for future buildings. They estimated that by 1975 there will be 12,000 students enrolled at Cal Poly, of which only 40% will be housed on campus. He believed when this development takes place, that all land zoned R -3 and R -2 in this area will be used for student housing, and maybe this is not the time to make it this way, but if you study the area on the general plan, you will see that it will not accommodate all the students. He believed that it was best to build as near to the campus as possible and negotiate with propert; owners who are willing now to sell their land for student housing. Mayor Davidson then suggested several items that should be considered for student housing developments. Councilman Whelchel stated that he understood that at the Planning Commission meeting, the opponents stated that they would be in favor of 300 students, and he agreed with them. Councilman Graves stated that if Councilman Whelchel is in favor of 300 student then his vote would be yes, because he is approving organized student housing no matter what the number. Councilman Whelchel stated that he would be opposed to student housing in any residential area. ' Mabel Dunklee objected to the planned development for student housing. She stated that she was for Cal Poly, and in years past has demonstrated this feeling, but she opposed student housing in this fine neighborhood. Mr. Costa appeared before the Council stating that it seemed like the residents feel that it is impossible for someone to come in their community and do some- thing for the area. He believed that a study committee would be a good idea. Miss McNeil stated that she was not in favor of any organized student housing in the area. The motion was finally acted upon. AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller NOES: Miss Margaret McNeil, Clell V. [,'helchei ABSENT: None City Council Minutes September 3, 1963 Page -10- Councilman Graves stated he voted yes on this vote because he is for supervised student housing. Mr. Evans appeared before the Council objecting to the formation of another committee of citizens to study this natter, when 200 citizens here at the public hearing objected to the housing in this area. ' Mayor Davidson stated that he believed fir. Evans misunderstood the committee was to study this proposal and then it would be presented in another public hearing. Mr. Costa stated that they had originally proposed from 1600 to 2000 people. It can not be in more detail until it is discussed with the committee, because this is the principle of the planned development. Councilman Whelchel stated that the Planning Commission was already appointed to make studies and make recommendations to the City Council. On motion of Councilman TAielchel, seconded by Councilwoman McNeil, that the application be referred back to the Planning Commission for further studies and report. Councilman Graves stated that he believed it would be nice to have a committee as well as the Planning Commission. Mr. Evans stated that they had been to so many meetings and when will it stop. He also would like to see a specific plan by the proponents, presented to the City Council. Councilwoman McNeil stated she could not see how the City Council could have any more material presented on this matter and suggested that they vote now. ' Lloyd E. Somogyi stated that he believed the Council is trying to come up with a solution that will satisfy everyone. The residents should have equal following vote: representation on the proposed committee and it might be possible that a solution could be arrived at by the committee, but the citizens' group did not want to be in the position of being in the minority, because no objection soul': be made and they could be in the position of being on a committee that was approving proposals they objected to. Councilman Graves stated that he would recommend a committee consisting of: 1 opponent, 1 proponent, 1 Cal Poly representative, 3 citizens, 1 member of the Planning Commission and 1 member of the City Council. The City Council then discussed the formation of the committee. Mr. Dunklee stated that he believed that this hearing was very trite as he thought the meeting was to be held to approve or disapprove the Planning Commission's recommendation and the Council should decide on this proposal now, and make modifications to future proposals presented by Miss Adams. Councilman Whelchel and Councilwoman McNeil withdrew their first motion and second, and moved to accept the recommendation of the Planning Commission. Councilman Graves asked if his committee is to be eliminated. City Attorney Rouser answered yes. The motion was carried on the following vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None P3SEh7: None Councilman Miller suggested that the proponents come back and submit a new proposal. Mr. Costa stated that they would make a proposal to reduce the number of students, and he would like to work with some committee to solve the problems. City Council Minutes September 3, 1963 Page -11- Councilman Whelchel suggested that he set down with the Planning Commission and solve it with them. On motion of Councilman Graves, seconded by Councilman Miller, it was moved that a committee be appointed consisting of 1 opponent, 1 proponent, 1 Cal Poly representative, 3 citizens, i Planning Commission member and 1 City Council ' member. Mr. Chapman, Planning & Building Director, stated that the Planning Commission specifically studied the optimum number of students and unanimously agreed to a figure of 300. J Dr. Eels stated that he believed that any select group making decisions was never representing the feelings of all people concerned and should not replace s proper public hearing on this matter. Councilman Miller withdrew his second. On motion of Councilman Graves, seconded by Councilman Miller, the motion was amended that this committee be formed providing there is another application. Councilman Graves explained that the committee will go into effect as soon as the application is in effect. Councilman Miller withdrew his second to Councilman Graves' proposal. Letters and telegrams received from the following persons protesting the establishment of student housing on the Dollic Adams property: J. D. & Jan Avary 291 Motley Street Dr. & Mrs. Robert S. Johnson 176 Kentucky Street Marian & Thomas Ray 369 Chaplin Lane Henry 0. Case (Traffic Engineer) 244 Albert Drive Axthur M. Gray 1631 Fredericks Street Mayor Davidson closed the hearing. 10:55 P. M. - meeting recessed. Councilman Miller left the meeting. 11:10 P. I.I. - meeting reconvened. All Councilman present, except Councilman Miller. 17. D. F. Romero, City Engineer, presented plans and specifications for sewer farm field reconstructions, City Plan No. 3 -64, to the Council for their consideration and explained what work was to be accomplished. This project is esti.mited at $45,000. R. D. Miller, Administrative Officer, recommended approval of these plans and specifications. On motion of Councilman T1?helchel, seconded by Councilman Graves, the plans and specifications were approved and authorization was given for advertisement of bids. 18. At this time Ordinance No. 267, an ordinance amending the Municipal Code to provide for taxicab stands, was pre::entad for further discussion by the City Council. City attorney Houser stated it was his intention to eliminate the other provisions of the section, other than those proposed as they are meaningless and do not add to the provisions of this section. City Council Minutes September 3, 1963 Page -12- He then presented a list of changes presented by the cab company. Mr. Jerry Warren, Yellow Cab Company, stated that he would rather have the ordinance state the number of stands instead of having the Council determine this. Councilman Whelchel questioned Mr. Houser as to how a taxicab company could fine out how many stands it could have. Mr. Houser stated the Council will decide when and where these stands will be. for the applicant. If there are not enough, the applicant will have to bring it before the City Council. The ordinance will have to be amended before any- thing can be done about it. Mr. Houser did not Gee why it was necessary to designate the number of taxi stands. R D Miller Administrative offices suggested that this matter be held over so that the Council can study this further. Councilman Whelchel stated that he thought the taxicab committee was to do this study. On motion of Councilman Graves, seconded by Mayor Davidson, that this matter be referred to the cab committee. kk)tion carried. 19. Mayor Davidson reported on a meeting held with representatives of Southern Pacific Company regarding improvements to Mill Street Bridge and Foothill Boulevard crossing and reported that the Cit3 representatives asked the Southern Pacific Company to proceed as rapidly as possible with the improvement at the Foothill - California overcrossing. As far as the Mill Street crossing was concerned, the Southern Pacific Company is still sticking to their original plan of making a full improvement of Mill Street Bridge and remove the Phillips Street Bridge. Mayor Davidson stated that the City's position was to keep both bridges and have the railroad reconstruct the Mill Street Bridge. The Southern Pacific representatives stated that the City could keep the Phillips Street Bridge until major maintenance was required on this structure. Mayor Davidson asked that this proposal be forwarded to the Council in writing. R. D. Miller, Administrative Officer, stated that the Council had desired 4. having a public hearing on this proposal to see what the opinion of the citizens would be on the matter of closing the Phillips Street Bridge, but instead the Planning Commission recommended that the City keep both structures. The City Council discussed the report as presented by Mayor Davidson, including possible alternatives to the Phillips Street Bridge and maintenance and reconstruction of the Mill Street Bridge. 4.(continued) ' Mr. R. D. Miller, Pdministrative Officer, stated that he had said earlier that the low bid of Ymnicipal Parking Lot No. 1 was under the budget fund of $8,000. However, there was no provision for.engineering and inspection on the project. $1,500 would be required. He suggested that one of the staff members be instructed to proceed with landscaping of Parking Lot No. 1. On motion of Councilman Graves, seconded by Councilman Whelchel, instruction was given to Peter Chapman to proceed with landscaping plans for Parking Lot No. 1 and No. 4. Passed on the following vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Cle'_1 TJ. Nhelchel NOES: None ABSENT: Donald Q. Miller City Council Minutes September 3, 1963 Page -13- On motion of Councilman Graves, seconded by Councilman Whelchel, the following resolution was introduced. Resolution No. 1175, a resolution increasing the 1963 budget. (Account No. 264.1, Parking District Acquisition & Improvement Fund be increased by $1,500.) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Clell 1.1. Whelchel NOES: None ABSENT: Donald '% Miller R. R. D. Miller, Administrative Officer, read a letter from Jack Carrington requesting permission to take a six (6) weeks leave of absence. On motion of Councilman Graves, seconded by Councilwoman McNeil, permission was granted. 20. Planning Commission Resolution No. 130 -63 recommending to the City Council denial of a request to abandon a portion of Venable Street. On motion of Councilman Graves, seconded by Councilwoman McNeil, that the Planning Commission Resolution No. 130 -63 be accepted. Motion carried. Mayor Davidson proposed that the City Council and City Staff meet for lunch on Thursday and then proceed with tho agenda. On motion of Mayor Davidson, seconded by Councilwoman McNeil, the meeting was adjourned to 12:00 Noon, Thursday, September 5th, 1963 at the Motel Inn. Approved: September 30, 1964 Ci GT. H. FITZPATRICK, CITY CLERK