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HomeMy WebLinkAbout07/07/1969City Council Minutes June 27, 1969 Page 4 5. Memorandum from the City Engineer stating that in accordance with Council instructions he had contacted Mrs. Tunnell, 2505 Johnson Avenue, regarding widening of Johnson Avenue in fron of her property. The City presently has sufficient right- cf-way for the widening and only needs to acquire a small area at the corner of Sydney and Johnson, but in order to place the side - walk a retaining wall must be built to protect the sidewalk, or the front yard must be sloped to avoid falling off the sidewalk into the yard. D. F. Romero stated that Mrs. Tunnell feels that the City should place the retaining wall at its expense. He continued that it is the City's policy that the property owner place the retaining wall and not the City when it is not necessary to hold the sidewalk in place. 6. On motion of Councilman Blake seconded by Councilman Spring the Planning and Building Department was authorized to present to the.property owners the City's proposed plan for a brick walk way along the creek in the Mission Plaza area to see if they would like to proceed at the same time. Motion carried,• Cn motion of Councilman Blake seconded by Councilman Graham the meeting adjourned. Motion carried. H. PATRICK, CITY CLERK APPROVED: September 2, 1969 MINUTES REGUTAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Mol. July 7, 1969 - 7:00 P.M. City Hall Invocation Pledge Roll Call Present: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz Absent: Donald Q. Miller City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Park and Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; E. Rodgers, Police Chief; W. Woodward, Fire Marshall; E.P. Thompson, Water Department Director. The minutes of the meetings of May 12, 19 & 20 were approved as presented. On motion of Councilman Blake, seconded by Councilman Graham, claims against the City for the month of July 1969 were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried. City Council Minutes July 7, 1969 Page 2 2. At this time the City Council discussed appointments to the various boards and commissions of the City. Councilman Graham nominated the following for re- appointments to the Park and Recreation Commission for a four -year term. Mrs. Marion Sinsheimer, Wes Connor, and James Douglas. He also nominated Per C. Mathiesen for appointment to a we) year term for this commission. The nominations were seconded by Councilman Spring. Mayor Schwartz nominated Mrs. Bea Von Stein, Eugene lawn and Miss Jean Fulkerson to four -year terms on the Citizen's Advisory Committee. The nominations were seconded by Councilman Spring. Other appointments were continued for report of recommendations by Council :•...: committees. 3. On motion of Councilman Blake, seconded by Councilman Springs the follow- ing resolution was introduced. Resolution No. 1959.. .a resolution increasing the 1968 -69 Budget. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT:. Donald Q. Miller 4. At this time Mayor Schwartz announced that the City Council will hold a public hearing on the adoption of the 1969 -70 City Budget. R. D. Miller, Administrative Officer, reviewed for the City Council, the estimated expenditures and revenues for 1969 -70 and also presneted the 1969 -70 Budget with an estimated expenditure of $4,141,015.94. Councilman Graham asked that the City Council consider the inclusion of funds for the ark and Recreation Department over and above that already approved in the budget so that some dances.f.cr the young people could be held on Thursday evenings so that they would not stand around the street corners and hinder shopping in downtown San Luis Obispo. He stated that there were 36 Thursdays in the next fiscal year and he felt the dances could be put on for approximately $2520.00. R. D. Miller, Administrative Officer, suggested that the funds be kept in the General Fund and that the proposed program be tried on an experimental basis for five weeks to see if it could be successful and if the young people were inter- ested in such a program. E. Rodgers, Police Chief, stated that there was a continuing problem of young people on downtown streets on Thursday evenings.. Councilman Graham stated that he felt the program of dances should be carried on for more than just five weeks so that the young people can see the benefits of the dances. J. Stockton, Supervisor Parks and Recreation, stated that he did not know if the City could hire':..bands for $100.per night,, that is bands that would bring the youth to the dances. Councilman Blake suggested that the City put of $100 and the Downtown Association 100 and co- sponsor the dances as suggested by Councilman Graham. B. Idler, merchant, agreed that the ldtering on Thursday evenings was a problem for both the merchant and the shoppers and he hoped the City Council would give Councilman Graham's suggestion a try. Councilman Graham felt that no less than six weeks:_would be a good test for the program. 1 1 1 City Council Minutes July 7, 1969 Page j R. D. Miller, Administrative Officer, suggested that the Mayor appoint a Council committee to meet with the various youth groups to see if a program could be developed prior to the actual funding. Mayor Schwartz appointed Councilman Graham as chairman with Councilman Blake as a member to investigate the program and report back to the City Council. Mayor Schwartz suggested that the City Council add about $4,000 to the budget in order to continue the Youth Corps program during the school year so that the projects the young men were working on could be completed. The program would be discontinued upon completion of these projects. On motion of Mayor Schwartz:, seconded by Councilman Graham, that the City continue'the Youth Corps program during the school year on Saturdays only at an approximate dost of $4.4000, The motion was denied on the following roll call vote: AYES: Myron Graham, Kenneth E. Schwartz NOES: Arthur F. Spring, Rmm.ons Blake ABSENT: Donald Q. ?Miller Mayor Schwartz declared the public hearing on the 1969 -70 City Budget closed. On motion of Councilman Blake, seconded by Councilman Graham, that the City Council approve and adopt the 1969 -70 City budget. Motion carried. _ 28. Communication -from the Retail Merchants Association, requesting that the City Council not enforce parking meters and parking citations during their July 17, 18 and 19 dollar day promotion. B. Idler, downtown merchant, stated that the biggest detriment to people shopping in the downtown area is the efficient way-the meters are enforced by City employees. He hoped that the City Council would go along with this proposal to see the effect on downtown shopping when parking meters are not enforced. Also, he hoped the Council would approve this request so that the merchants could advertise the fact that no tickets would be issued for over parking during this event. R. D. Miller, Administrative Officer, reported on the financial impact of the request of the Retail Merchants Association as follows: Meter revenues have been declining for the past several years. Concessions of this nature result in further reductions, it is very possible that an, assessment may have to be made against property owners in-:the parking district. Councilman Blake stated that he did not feel that he could go along with this request as it would require that a valid City Ordinance not be enforced, although he stated he would consider the merchants leasing the meters from the City and pay 70% of the estimated revenue that would be lost. He also felt that the Retail Merchants Association might consider leasing two or more City parking lots during this promotion. On motion of Councilman Blake, seconded by Councilman Spring that the request as submitted be denied. Councilman Spring stated he felt that the Council should consider the property owners who should be protected by not lowering the returns from the parking meters which funds are used for bond redemption in the parking district. Councilman Graham stated that the City Council should consider the ultimate removal of all meters in the downtown area and further he objected tot he City giving out so many tickets for overtime parking to customers. Councilman Blake suggested that the Retail Merchants Association hire someone to walk around and put money in the meters prior to expiration of time. City Council Minutes July 71 1969 Page 4 Mayor Schwartz stated that he was opposed to the request on the basis that it was self- defeating as the money from the meters was used to purchase additional parking lots for downtown shoppers. The motion for denial of the request was carried. Councilman Graham.voting no. 5. At this time the City Council held a public hearing on the recommendations of the Planning Commission to amend the Zonign Ordinance to permit mortuaries and funeral homes in the R -0 use district with a use permit. R. D. Young, Planning Director, presented the recommendations of the Planning Commission as follows: A review of the ;3 -0 District indicates that under certain circumstances, mortuaries and funeral homes would be compatible with other uses permitted in the district, provided that adequate streets were available. A review of several ordinances of other cities indicates that this type of use is usually permitted in districts comparable to the R-0 District. It is the recommendation of the staff thattthe Zoning Ordinance be amended to permit mortuaries and funeral homes in the R-0 District subject to use permit approval and the parking requirement being as follows: There shall be one parking space for each 20 square feet of floor area of assembly rooms plus one space for each employee, plus one space for each car owned by such establishment. Mayor Schwartz declared the public hearing open. No one appeared before the Council regarding this matter. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Graham, the following Ordinance was introduced. Ordinance No. 453.. an ordinance amending portions of the Zoning Ordinance. (To permit mortuaries and funeral homes in the R-0 District with a use permit) Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: Donald Q. Miller 10. Communication from R. D. Young, Planning Director, forwarding the report of the Planning Commission on their denial of the.request to rezone from R -1 to R -1-S that property located at 2233, 22372 2241 Santa Ynez and 2220 Loomis Street was ordered received and filed. 11. Communication from L. M. Emery requesting Council reconsideration of Ordinance No. la47, an ordinance relating to private patrol systems; providing for the registration thereof and for issuances thereof of permits and identi- fication for private patrolmen. H. Johnson, City Attorney, explained to the City Council the provisions of Ordinance No. 447 and the reason the ordinance was adopted by the City, county and other cities in the county was an attempt to coordinate regulations covering patrol systems. On motion of Councilman Spring, seconded by Councilman Blake, the communication from L. M. Emery was ordered received and filed and the City Attorney was in- structed to write Mr. Emery and explain the provisions of the Ordinance and State Law. 12. Communication from the Standard Oil Company, requesting that the City Council allow the Standard Station at the corner of Higuera and Marsh Street to be opened before it has been 100% complete, due to delay caused by strikes of various building trade unions. They continued that the old building and tanks would be re- moved and new pumps, tanks and approaches will be installed prior to the occupancy request. J 1 1 City Council Minutes July 7, 1969 Page 5 A memorandum from J. L. Kellerman, Chief Building Inspector, stated that.it has been the Building Department's policy to require all improvements, with the exception of landscaping, to be installed prior to allowing occupancy, the reason being that once the property is opened, the Department has experienced problems in gaining completion. He continued that he realizes this particular property is somewhat different from usual service station construction and he stated his Department would have no objection to any arrangements made by.the City Council. Yx. Busing, representing Standard Oil Company, stated that.they need more time to complete the station and hoped the Council would grant this exception to include all the onsite improvements. He stated that except for painting, the company would need four weeks to complete the service station and that, while the station was closed, the operator would be without any source of income and he hoped the Council would grant this request. Mayor Schwartz asked would the Standard Oil Company be willing to put up a bond to guarantee completion of all on -site improvements by a specific date? D. A. Busing stated that he was sure that they would go along with any re- quirements that the City Council requested. J. L.- Kellermar stated that all the buildings, pumps, etc* would have to be properly installed before they could operate even on a temporary basis. On motion of Councilman Blake, seconded by Councilman Spring, that permission be granted to open the Standard service station at the corner of Higuera and Marsh on August 1, 1969 and to, extend completion of on -site improvements to August 1. Motion carried. Mayor Schwartz voting no. 6. At.this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone Lots 1 -9 -10 & 11, Block 5 of the Harris and lard Addition to the City of San Luis Obispo, from R -4 (General Multiple Family Residential)District to R -0 (Residential Office) District, R. D. Young, Planning Director, presented the recommendations of the Planning Commission as follows: 1. The subject property is zoned R-4 (general multiple family.residential) District and is located adjacent to a C- 2•(central commercial) District. .2. The R-d.> District is a semi- commercial district which permits such uses as -hotels, motels, restaurants, barber shops, etc. It is the intent of the Commission to eventually phase out the R -4 classification. 3. The requested R-0 District is basically designed to provide for offices, clinics, institutional uses, etc* and it is desirable to locate R -0 District adjacent to the central business district or major shopping areas. ...-4. It was the consensus of the Commission that generally the uses permitted in the R. -0 District would be compatible with those permitted on adjacent properties. Mayor Schwartz declared the -public hearing open. No one appeared before the City.Council for or against this proposed rezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced. Ordinance No. 45 _.an ordinance amending the official Zone Map of the City of San Luis Obispo. Rezone from R-4 to R -O, 651, 663, 671 Pacific and 1.306 and 1320 Nipomo Streets): Passed to print on the following roll call vote: AYES: Emmons.Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: Donald Q. Miller City Council Minutes July 7, 1969 Page 6 13. J. L. Kellerman, Chief Building Inspector, presented for the Council's consideration, the Architect's and Engineer's proposal for support and con- struction of garden walls and paved patio and walkway areas around the new police facility where soil compaction does not meet minimum requirements as set out in the specifications. J. Kellerman stated that the proposal was acceptable to the City and recommended that the City Council approve it. He stated that there was one other item that he wished Council guidance on, which is the remainder of the back fill next to the building. The specifications required a compaction to a minimum of 90, relative density. He stated that it was the opinion of the Architect and Soils Engineer that the City would only experience minimum subsidence in these areas and as these were not building areas, Mr. Kellerman recommended that back fill be allowed to remain as placed. J. Kellerman presented the letter from Fred L. Schott, Structural Engineer., and the Architect's drawings on this matter. On motion of Councilman Spring, secconded by Councilman Blake, the recommendations of the Chief Building Inspector were approved. Motion carried. 7. At this time the City Council held a public hearing on the recommendations of the Planning Commission to rezone the rear portion of 3000 Augusta Street from R -1 (Residential Low Density) District to R-0 ( Residential - Office) District. R. D. Young, Planning Director, presented the recommendations of the Planning Commission as follows: 1. The subject property is 135 ft. x 150 ft. and is contiguous to an R -3 parcel to the south which has -a frontage on Augusta Street. 2. The applicant is requesting that the subject property be rezoned to R -0 in order that it may be developed in conjunction with the contiguous R -3 parcel. 3. The Commission was of the opinion that subject property would be difficult to develop for R -1 use since it is the rear portion of an excessively deep R -1 parcel which has two single family residences developed on its front portion. 4. The Commission was further of the opinion that approval of R -0 zoning would be a logical expansion of an existing high density district. 5. A use permit to develop 107 living units for the elderly was heard -con- current with the application for rezoning. Mayor Schwartz declared the public hearing open. No one appeared before the City Council on this request. Mayor Schwartz declared the public hearing closed. On motion -of Councilman Graham , seconded by Councilman Spring, the following ordinance was introduced. Ordinance No. 456, an ordinance amending the official Zone Map of the City of San Luis Obispo. (Rezone from R -1 to R -O the rear portion of 3000 Augusta StreeE). Passed to print on,-the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring Kenneth E. Schwartz NOES: None ABSENT: Donald Q. Miller 14. Communication from D. F. Romero, City Engineer, forwarding a reply from Mr. Lownes, property owner of 166 Foothill Boulevard, rejecting the proposal of the City to acquire property for street widening at this location. - D. F. Romero stated the major area of disagreement was the amount of compen- sation offered by the City for the property. He stated that since there were other areas in.the City with more urgent need for traffic capacity, he recom- mended that the City not pursue the widening at this time. The matter was referred to the City Attorney for investigation. City Council Minutes July 7, 1969 Page 7 15. On motion of Councilman Blake, seconded by Councilman Graham, the request of Loren Edmands, Maintenance Man II in the Public Works Department, be granted for sick leave in excess of five days. Motion carried. 17. The City Clerk reported on the following bids received for Sidewalk, Curb, Gutter and Driveway Ramp Repairs. Gus Howie $4,818.50 Engineer's Estimate $53000.00 On motion of Councilman Graham, seconded by Councilman Blake, the low bid of Gus Howie was accepted. Motion carried. 18. The City Clerk reported on the following bids received for Chorro Street Improvement, City Plan No. 21 -69. Alternate No. 1 C. S. Construction Co. $59,,989.00 Burke Construction Co. $60,278.00 Madonna Construction Co. $62,460.00 M. J. Hermreck $64,752.40 W. G. Watkins $67, 180.80 Engineer's Estimate $60,186.25 Alternate No. 2 C. S. Construction Co. $59,901.50 Burke Construction Co. $64,508.00 Madonna Construction Co. $63,585.00 M. J. Hermreck $63,370.00 W. G. Watkins $71,158.00 .Engineer's Estimate $65,030.75 D. F. Romero, City Engineer, explained to the City Council the difference between the alternate bids and recommended to the City Council that Alternate No. 2 of the C. S. Construction Company be accepted. On motion of Councilman Blake, seconded by Councilman Graham, that the bid of C. S. Construction Company for Alternate Plan No. 2 be accepted. Motion carriec 8. At this time the City Council held a public hearing on the appeal of Martin Polin from a denial by the Planning Commission of a requested rezoning from R -1 to PD /R -2 of that property located at 3217 Johnson Avenue. R. D. Young, Planning Director, presented the recommendations of the Planning Commission as follows: „ 1. The applicant originally submitted an application involving 3.8 acres in area requesting PD /R -H on 2.2 acres and R -2 zoning on 1.6 acres. The R -2 _ dots were to have frontage on Rose Avenue which is a local street serving adjacent single family residences. 2. A petition containing 70 signatures of residents in the area was presented in opposition to this proposal. The opposition felt that the requested re- zoning was an encroachment Into a well established single family area and would not be compatible with existing residential use. 3. The Commission was of the opinion that the proposed R -2 zoning was not compatible and continued the application to allow the applicant to modify the proposed PD /R -H and to delete the request for R -2 zoning on Rose Avenue. 4. A revised application was submitted to the Planning Commission at the meeting of June 17, 1969, the revised plan indicated the following major modifications. The area of the proposed PD /R -H was increased to 127,500 square feet. The number of dwelling units was reduced from 54 to 50. The number of parking spaces was increased from 80 to 110 spaces to meet the requirements of the Zoning Ordinance. The location of buildings was modified to provide adequate fire.protection..in accordance with the requirements of the SLO Fire Department. The plan also showed the location of existing trees, many of which were to remain as part of the Planned Development. 5. Five letters and a petition containing 200 signatures were submitted in opposition to the revised proposal. City Council Minutes July 72 1969 Page 8 6. The Commission, after considering the testimony of interested parties, reached the conclusion that the proposed density would not be compatible with adjoining properties or the surrounding neighborhood. The Commission did, however, agree that the subject property was not suitable for R ° =1 development and indicated that the applicant should resubmit a plan faith fewer dwelling units. One Commissioner suggested a density halfway be- tween R -1 and R -2; another Commissioner suggested that a plan for 40 units might be acceptable. 79 Rather than continue the matter further,'the Planning Commission -took action to deny rezoning request PD 0131 and indicated that if the applicant wished to develop the property at a lesser density, he would have'the prerogative to submit a new application. J. H. Fitzpatrick, City Clerk, read a letter from B. L. Fagan, 1179 San Carlos Court, objecting to the proposed rezoning requested b Polin. He also read a letter from Cecil Long, 3155 Rose Avenue, stating he did not object to the requested planned development. Mayor Schwartz declared the public hearing open. M. Polin, landowner, appeared before the City,Council urging that the denial by the Planning Commission be rejected as he felt that the planned development would be the only economical development of this property. M. Polin asked the City Council if he could apply at this time for a lesser density and have the Council hold a hearing on the lesser density rathe.r. than the R -H density whichwas denied by the 'Planning Commission. H. Johnson, City Attorney, informed the City Council that they must hold a public hearing on the same proposal that was denied by the Planning Commission. E. Oldham, builder for the proposed development; presented to the Council'plans and elevations for the proposed planned development. He stated that it was his his opinion that apartment housing is now needed in the City due to the extreme housing shortage. He stated he felt that proposed apartment complex makes the best use of the existing land, taking advantage of the topography with the least amount of grading and filling. He felt that the proposed development would fit in the area and would not clash with the adjacent residential property. He further stated that because Johnson Avenue was a major arterial street he felt no .one would build a single family residence on such a high speed street. J. Stickler, proposed purchaser of the property, stated that he planned on living in the development himself and he hoped to make it attractive -not only for his family but also for his neighbors. He stated that todevelop this property toR -1 under existing conditions, the cost would be prohibitive and would not-be a good use of the land, He felt that the proposed development would be an asset to the City and would help keep the area as a family development. Further, he wished the Council to be aware that -the development would add $1700 per year to the City's tax revenues. W. Harris, realtor, urged the City Council to overrule the action of the Planning Commission and allow the development of the proposed apartment house complex. He stated he felt there is an urgent need for this type of housing in San Luis Obispo M. Polin, present property owner, appealed to the Council to approve his requested planned development as he felt that:-oh3y by allowing apartment development. could the land be economically developed as the topography would make R -1 development economically impossible. .. R. Brown, building contractor, urged the City Council to rezone this property for apartment development as he felt that no one would build single family dwellings on this land. Further, he felt that his property located across Johnson Avenue from this land should also be rezoned as he does not feel that R -1 is the proper zoning for either of the parcels. 1 1 City Council Minutes July 7, 1969 Page 9 N. Colby, property owner, appeared before the City Council stating that he represented himself and his neighbors and he urged the City Council to up- hold the decision of the Planning Commission and deny the requested rezon- ing. He continued he felt that the density of the development was too high for the area at this-time and would be a detriment to the adjacent property owners. He stated that he and his neighbors bought their property over the years in this area with the belief that they would be protected by adjacent ' development of single family dwellings. He then listed for the City Council the zoning changes made in the last few years in the general area surround- ing their homes which allow higher dinsity and commercial. He felt that this proposal of Polin and Stickler would further encroach onto this single family area. .He stated he did not believe the neighbors would object to an honest R-2 density but they did object to the high density of this planned development. D. Kelley, Oakwood .Court, stated he was opposed to the development of this - apartment complex as it would just open the doors to similar requests for higher development on adjacent property. He felt that if rezoning were approved, the whole area would be wide open for further high density devel- opment. He continued that if the Planning Commission and the City Council would protect the area from zone change he was sure the property owners would develop R -1 use. T. Langer urged that the City Council uphold the Planning Commission and deny the requested rezoning for planned development by Martin Polin. -R. McKeen, realtor, objected to the proposed rezoning for higher density as she felt people living in the adjacent R -1 zone should be protected. She felt that Polin property could be developed to a higher density than R -1 but not to the R -H density. C.. Swanson asked the City Council to protect the single family homes: from encroachment by high density apartment complexes and to uphold the decision of the Planning Co „'ssion. - M. Polin questioned the validity of the petition presented by those opposing the requested rezoning as he felt that many of the signatures were not by people living in the immediate area and he felt these signatures should-be discounted. He continued that he felt that all that was planned for this property was a development with the density allowe d in R -2 districts as described by City ordinance. He then went on at length describing the topography of his property and added that he felt that any development of his property would not hurt the people on adjacent properties. N. Colby explained to the City* Council the conditions under which the objecting persons signed the petition. ,Mayor .Schwartz declared the public hearing closed. Councilman Blake asked whether or not the developer of this property received a.copy of the Planned Development for the City. R. D. Young, Planning Director, stated the developer had received a copy at the time the application was taken out. 1. Mayor Schwartz explained how the Master Plan Map is prepared and used as a guide for the City for future planning. He continued that the thing the Council should consider on this proposal, after all is said and done, is whether or not the planned development meets the requirements of the Planning Commission as set out in the City Ordinance. He added he did not feel that the plan,,' presented is a new concept or unique development, further he did not feel the plan would add anything to the City or neighborhood. Councilman Blake agreed with Mayor Schwartz's statement that the proposed planned development does not meet the defined goal of the planned development program. He felt the developer did: not even take into account the benefits and advantages of the planned development program. City Council Minutes July 7, 1969 Page 10 Councilman Spring stated he felt the property was difficult to develop but the proposed design was not to any advantage. Councilman Graham stated that he did not feel that the developer even took proper advantage of the land in preparing the proposal. On motion of Councilman Graham, seconded by Councilman Spring, that the appeal of Martin Po1in be denied. Motion carried. 10:25 P.M. Mayor Schwartz declared a recess. 10:35 P.M. the meeting reconvened with all Councilmen present. 9. Communication from the Planning Commission stating that at is regular meeting of June 17, 1969 they conducted a public hearing regarding the aban- donment of Mill Street- between Broad and Nipomo Streets. Six Commissioners were in attendance, and after conducting a public hearing a motion to recom- mend to the City Council that Mill Street between Broad and Nipomo Streets be abandoned, failed with a three to three vote. The Commission therefore forwarded this matter to the City Council without a recommendation. - D. F. Romero, City Engineer, presented a map showing the existing conditions on Mill between Broad and Nipomo. He stated that presently there are sewer, water and other utility lines on Mill Street and that easements should be, retained for protection of these utilities. He continued that Mill Street was shown on the Master Streets and Highways Plan as athrough street and he would recommend that the City not abandon Mill as he felt that the street -would be needed in the future.to carry traffic: - around the downtown area. . Mayor Schwartz explained the prior action by the -City Council in regard to the future of Mill Street. He stated it was the feeling of some members of the Council that the street would be closed in the future, but upon request for abandonment by Arnold Volny, the Council decided in May that the City would open the street and develop a two -way street. He continued that there were three steps for action that the City could take. 1. Set a hearing to abandon Mill Street 2. Take action to open the street 3. Not abandon Mill Street, consider it for future abandonment by Arnold Volny to develop without the street, curb, gutter and sidewalk which would be put in later by the City if the street is developed. P: "Andre, Attorney for the Catholic Church, appeared before the City Council on behalf of the Church regarding the abandonment of Mill Street. He reviewed with the City Council the transfer of property between the City, the Church and _the I.D.E.S. Association to open Peach Street. He felt that terse o_p`erty transfers were.based:on the closing of Mill Street to allow the extension of Peach Street. He -felt it•was the intention of the City, Church and I.D,E.S. Association to close Mill Street forever, but agreed that nowhere was there a document stating this agreement.- He felt the City should abandon the street as this was the intention when the land was incorporated in the ball park. Also, he felt Mill should be abandoned to protect the children crossing be- tween the two schools. He continued that the only reason the Church was asking for the street to be abandoned at this time was that the City had stated that the street would be opened to serve the Volny property. Mayor Schwartz asked the Council and .public to consider the future need of streets within the City of San Luis Obispo and also to consider the future plans for the Catholic Church in this area. He suggested that possibly a middle ground would be to allow the street to remain closed, allow Volny to build at the property line and let the matter of abandonment continue to some future date when the matter of street needs is determined and also when the needs of the Catholic school are determined. Mr. O'Conner urged that Mill Street be abandoned in order to protect the children walking between the two schools. He felt no child's life was worth any plan or traffic pattern. 1 1 1 1 J City Council ?Minutes July 7, 1969 Page 11 Dr. L. Tedone urged the abandonment of Mill Street•as a matter of.right from an agreement made but not put in writing in the past between the Catholic Bishops, the City Council and others. D- W..Johnson, student, Mission Grammer School, urged that the.City Council abandon the street for the protection of the children going between the two Catholic schools. J. Shipsey urged the abandonment of Mill Street as he felt that the Catholic school had been here for 106 yeaas and he felt that somewhere on this prop- erty a Catholic will always be. Father Steiger, Pastor, Old Mission Church, urged the abandonment of Mill Street for the safety of the children going between the two schools. He felt the advantages to the school far outweighed any advantage of opening' one building. A.•Madonna urged that Mill Street be abandoned for the protection of the students of the Catholic Schools* D. Knott urged that Mill Street be abandoned in order to help the school continue to operate. K. Porche felt that the City should abandon Mill Street for the safety of the children attending the two Catholic schools.- P. Andre again asked the City Council to set the necessary hearings for the abandonment of Mill Street and then proceed with the abandonment as requested. On motion of Councilman Spring, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1977, a resolution of intention to abandon Mill Street. Passed and adopted on the following roll call vote: AYESf Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz - NOES: None ABSENT: Donald Q. Miller 24. Communication from D. F. Romero, City Engineer, regarding the instal- lation of the drainage structure on Madonna Road which was recently awarded to the Madonna Construction Company. The plan as approved by the City Council called for 69- x 40" corrugated metal pipe installation. He stated that this recommendation was based on the drainage calculations made by his staff,which assumed a 25 -year storm and a 50% density of development of all upstream property. He continued that in the study for this project they had considered a triple 3' x 7' box structure which is desireable hydraul- ically, and would match the structure leading across the Madonna Road Plaza Shopping Center, but due'to the cost involved, and the limited construction time available, the corrugated metal pipe was recommended. , After the award of the contact, A. Madonna who was the successful bidder, was quite concerned with flooding of his property upstream due to inadequate capacity. It was his opinion that properties upstream from the structure are likely to develop to a greater.than 50% density and he was reluctant to accept damage which might occur from a greater than 25 -year storm. Mr. Madonna suggested the City substitute a reinforced concrete box of equal or greater capacity than the structure thrcugh.the shopping center, and that this con- tract be modified accordingly. D. F. Romero continued that the Division of Highways traffic signal contract is now delayed and there will be- sufficient time to build the box without interfering with the State work; therefore, the Council should determine if they wished to pay the extra cost to install the triple 3' x 7' concrete box suggested by A. Madonna. He continued that the figures prepared by A. Madonna are reasonable, allowing for a small profit. He stated that if the Council could find sufficient funds,, he would recommend that the contract be amended to require the triple 3' x 7' box. If the funds were not available, he did not feel that there would be a serious detriment to the City to proceed with the original contract. City Council Minutes July 73 1969 Page 12 A. Madonna appeared before the City Council urging the City to authorize.the change in the contract to enlarge the drainage structure under Madonna Road at an increase cost of $13,000. Councilman Spring stated he felt the City should go for.the 4' x.7' box culvert in order to handle any problems of flooding at this major intersection. P. Andre, Attorney respresenting Mr. Martinelli, stated his client would be willing to pay for a portion of the structure where it abuts his property.if he were given permission to cross over and landscape that area. On motion of Councilman SpriRL2 seconded by Councilman Blake, that the con- tract for City Plan No. 12-60 be amended to require a 41 x 7' box culvert in lieu of,the 65" x 40" pipe, at a cost of $100 per cubic yard for a total in- crease not to exceed $13,000. Motion carried. 16. Communication from the U. S. Department of Housing and Urban Development regarding the open space land grant, South Street Park, suggesting that the City execute the grant contract and, if necessary, request an extension of time for use of the grant until the land acquisition problems have been settled. On motion of Councilman Blake, seconded by Mayor Schwartz, the following reso- lution was introduced. Resolution No. 19583 a resolutior. approving and pro- viding for the execution of a contract for grant to acquire and develop land for open -space purposes No. ,Calif. OSC 33b (G) by and between the City of San Luis Obispo and the United States of America. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: Donald Q. Miller 19. Council consideration of the modificatior, to the intersection of North Chorro and Ferrini Drive at Highland Drive was continued. 20. On motion of Councilman Blake, seconded by Councilman Spring, the follow- ing resolution was introduced. Resolution No. 1970, a resolution accepting the off site improvements in Johnson Highlands, Inc. Tract No. 290 and No. 305. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: Donald Q. Miller 21. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. Resolution, No. 19693 a• resolution accepting the public improvements in the Elmer Smith small subdivision at the north end of E1 Cerrito. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E..Schwartz NOES: None ABSENT: Donald Q. Miller On motion of Councilman Spring, seconded by Councilman Blake, The Mayor was authorized to sign and record on behalf of the City a grant deed from Elmer Smith for the extension of E1 Cerrito Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: Donald Q. '"Tiller 1 1 City Council Minutes July 7, 1969 . Page 13 22. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. Resolution No. 1971, a resolution authorizing the Mayor to sign an agreement between the City and the California Disaster Office for the assignment of C.D.O. Fire Pumper No. 131 to the Fire Department of the City of San Luis Obispo, Passed and adopted on the following roll call vote: AYES: Emmons Blake,-Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: Donald Q. ?Miller 23. On ;notion of Councilman Blake, seconded by Councilman Graham , the following contract payments were approved and ordered paid. Motion carried. J. A. O'Kelly & Son Foothill Blvd. Widening City Plan No. 10-69 J. A. O'Kelly & Son Foothill Blvd. Widening City Plan No.-10 -69 Est. #4 (90% complete) (including C.O. ail - $25.00) Est. #5 (100% complete) J•: A -r I Kelly & Son _ ... _ _ .... .. Est-. #4 Santa Rosa St. Widening (90% complete) City Plan No. 8-69 J. A.,O'Kelly & Son Santa:Rosa St. Widening City Plan No. 8.--69 C.•S. Construction Co.: Street Resurfacing Project City Plan No. 20-69 Maino Construction Co. Police Facility Est. #5 (final) (100% complete) Est. , #1 Est. #9 $67.50 $420.44 $790.97. _ $1,290.83 $1423.91.00 $57,131.10 25. Communication from D. Wi Perello, 1591 Slack Street, regarding the damage caused to Slack Street from the construction of the new track at Cal Poly was referred to the City Engineer for answer to Mr. Perello. 26. On motion of Councilman Blake, seconded by Councilman Spring, the Mayor was authorized to sign and record in behalf of the City, a quitclaim deed from Arthur E. and Marion L. Collet for street widening on Johnson Avenue. Motion carried. c.27. _:Corr unication from the Advisory Committee on Joint Recreational Use of School District property regarding the appointment of harry Henderson to that - committee was approved by the City Council on motion of Councilman Spring, seconded by Councilman Graham. Motion carried. 29. ;On motion of Council:-man Blake, seconded by Councilman Spring, the meeting was adjourned at •12: A.M: J .ICK . , CITY CLERK APPROVED: September 15, 1969