Loading...
HomeMy WebLinkAbout10/16/1961The Mayor briefly iterated his views on the future of certain dead -end streets within the City, with particular emphasis on the future develop- ment of the property belonging to James Jones at the end of Sydney. He asked the Commission to study this problem and submit a recommendation as to the way the existing Ordinance would be improved to protect the City concerning this particular problem. 7. Discussion of future Setback Policy. -The City Attorney briefly reviewed City Council Resolution No. 341 (1958 Series). The Council and Commission discussed in great detail some of the problems to be considered when adopting the Setback Policy. The joint meeting adjourned at 11:22 P. M., and the City Council retired to the Conference Room for continued discussion of a policy to implement the Setback Ordinance. 8. The City Council discussed at length various proposals to implement this ordinance particularly with reference to the owners of land which is large enough to subdivide into two or three parcels, but not large enough for commercial -type subdivisions. The City Council discussed this matter as it operates under the present Setback Policy and sug- gestions as to how it should operate under new policy. On motion of Councilman Graves, seconded by Councilwoman McNeil, the meeting adjourned at 1:05 A. M. Approved this 30th day of October, 1961 1 GfT'y Clerk CITY COUNCIL MEETING October 16, 1961 - -- 7:30 P. M. CITY HALL Invocation was given by David McMartin of the Presbytarian Church ROLL CALL: Present: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson CITY STAFF'PRESENT: Planning and Building.Director Abraham, Park & Recreation Superintendent Flory, City Attorney Houser, Administrative Officer Miller, City Engineer Romero, Fire Chief Schlobohm, Police Chief Schofield, Water Superintendent Thompson, City Clerk Fitzpatrick. On motionoof Councilman Shipsey, seconded by Councilman Graves, claims against the City for the month of October, 19619 were approved subject'to the approval 1 of- the - Administrative Officer. 1. On motion of Councilman Shipsey, seconded by-Councilman Miller the following salary step increases were approved: Patrick J. Dempsey, from salary Step 3, at $530 per month to Salary Step 4, at $560 per month. Donald J. Kaye, from salary Step 2, at $425 per month to salary Step 3, at $448 per month. William H. Woodward, from salary Step 4, at $592 per-month to salary Step 5, at $625 per month. 2. Communication from the L & H Investment Company granting the City per- mission and consent to enter upon and demolish those portions of the structures located on their property adjacent to City Parking Lot No.4, and further, they agreed to pay to the City 34% of the costs of demol- ishing the structures partially located on their property. 3. Following report on bids received for Phase No. I.-Site Clearing for extension.to Municipal Parking Lot No. 4: 1. Bruce Sanger Item #1 $ 10000.00 E1 Monte, Calif. Item. #2 $ 2,550.00 $ 3,550.00 2. General Engineering Item #1 $ 19458.00 & Construction Co. Item #2 $ 2,000.00 San Luis Obispo, Cal. $ 3,458.00 3. J. A. Roberts Item #1 $ 1,000.00 Santa Maria, Cal. Item #2 $.2,500.00 $ 3,500.00 4. R. McGray Item #1 $ 11685.00 Santa Maria, Cal. Item #2 $ 1,575.00 $ 3,260.00 Mr. Miller, Administrative Officer recommended that the City Council accept the low bid of R. McGray for $3,260.00. On motion of Council- man Graves, seconded by Councilman Miller, it was moved that the low bid of R. McGray be accepted. The City Clerk was instructed to bill the L & H Investment Company $572.90 which represents 34% of the portion of the buildings owned by them. 4. On motion of Councilman Shipsey, seconded by Councilwoman McNeil, the following contract payments were approved and ordered paid: Layton Tree Service Estimate No. 1 $ 1,245.60 Atascadero, Calif. Layton Tree Service Estimate No. 2 138.40 Atascadero, Calif. 5. Request of Earle J. Boyce, City Treasurer to be absent from the State of California for three weeks beginning October 21, 1961, was approved on motion of Councilman Shipsey, seconded by Councilman Miller. 9. At this time, the City considered the appeal of A. A. Baker from the decision of the Small Subdivision Committee in requiring the deeding of the land for street widening and the installation of curb, gutter, and sidewalk on the parcel being split out of the larger lot. Mr. Romero, City Engineer presented for the City Council the conditions under which this lot split was granted by the Small Subdivision Committee: 1. That Plan Line widening be deeded across the entire frontage of a 240 ft. parcel. 2. That the 90 ft. parcel being split off be fully improved with curb, gutter and sidewalk. 3. That all corners on the 90 ft. parcel be staked by a registered engineer or surveyor. 1 1 1 Councilman Graves explained briefly the proposed policy changes being considered by the City Council for situations of this type under the newly adopted Setback Ordinance. Mayor Davidson discussed the fact that the Council had not settled the matter of small subdivisions, and then explained setback policies under consideration by the Council at this time. Councilman Miller stated that, unfortunately, he was not present at the meeting when the Council discussed proposed Council Policies under the new Building Setback Ordinance. Councilman Miller then read the following statement and requested that it be placed in the minutes: ' "The Facts Mr. A. A. Baker has a 240 foot lot fronting on Foothill Blvd. He wishes to split off a 90 foot lot from.the 240 foot piece. The Small Subdivision Review Board in complying with the ordinance re- quires Baker to deed to the City a strip of land approximately 22 feet by 240 feet for the street widening - -Baker to install curb, gutter and sidewalk at his expense. Giving the land plus installation of all the improvements is objected to by Baker. The Problem In the Baker case the problem is to differentiate between a casual or small subdivider and a professional subdivider. In my opinion the present ordinance is not equitable. Baker is giving the land and not receiving compensation. The premise of the present ordinance is that any individual splitting a large lot of record is a subdivider. I have steadfastly maintained there is a difference between an individual or corporation which derives its existence from land development and a citizen who has a large lot of record who wishes "to split his lot into smaller segments. This person should not be placed in the class of the "professional" subdivider. Suggested Solution What criteria can be used to determine when an individual is or is not a subdivider? In general the state has taken the arbitrary figure of S or more lots as the breaking point between a subdivider and a small - subdivider. My suggestion would be this: any person owning large lots of record on a street governed -by-the Setback Ordinance would be exempt from the pre- sent ordinance if he splits no more than four.lots. The conditions of the land conveyance and improvements would be governed by the following conditions: (a) If the land taken equals the value of the improvements then land would be traded for improvements. (b) Should improvements exceed the value of the land taken then the property owner would be required to pay the difference. (c) Conversely, should land exceed the value of the improvements then the City would pay the property owner the difference. Improvements mean curb, gutter, and sidewalk." City Council and Staff discussed the proposal as presented by Councilman Miller. Councilman Graves stated that after study, he believed the fair- est solution was to require improvements on the parcel and then value the land taken and have the City put in curb, gutter, and sidewalk and have the property owner either make up the difference or receive anything over cost of improvements to the value of the land. The property owner would pay for the parcel being improved, and the City would improve the balance of the parcel in the manner mentioned above, but a covenant would be re- corded that would run with the land and with any future splits of the lots, the improvements would be paid for by the property owner to the City. A. A. Baker stated upon questioning that he believed he would withdraw his request for a lot split as it was too involved and complicated at this time and he would just as soon wait until a new and fairer policy was established by the Council. Mr. Donn stated thenwhole-probiemtwas the 't:City-,nwdntedktht.dpropertyc ,owner toggive Iandafor *..street wideningstoothenCityewithdutopp }.ment -land hbibe- lieved the only solution would be for the City to appraise the property, purchase the land at its fair value, and then have the property owner put in his curb, gutter and sidewalk as is required by other property owners in the community. Mayor Davidson moved that the Council defer action of this appeal until a Council Policy had been established on street widening. Motion lost for lack of a second. Mr. Carl Lownes asked if property owners would be allowed to appear before the Council and present their ideas of the various proposals presented by the Council at these meetings, and further, at this.moment he believed that the proposal.of Councilman Miller was the fairest method of ac- quiring street widening for the City. He added that as a party to the suit against the City on the Plan Line Ordinance, and speaking for their attorney, who was ill, he believed the City had committed a breach of faith and his group would not withdraw their suit until this matter had been resolved. On motion of Mayor Davidson, seconded by Councilman Shipsey, a special meeting was set for October 30, 1961, to discuss and establish policies to implement the Set Back Ordinance recently adopted by the City. Motion carried. 6. At this time Mayor Davidson announced the City would hold a public auction for the sale of the Old City Corporation Yard on Lots 18, and 19, Block 186, in the Homestead Tract. The Mayor opened the auction for sale at a minimum bid of $12,000.00. There being no bidders, the auction for sale was closed The Mayor then opened public auction for the lease of the said property, minimum bid $100'_per month with a five -year lease. Mr. Les Anderson bid $100 per month for five years in accordance with the published specifications. There being no further bidders, the bid of Les Ander- son was accepted and the auction was closed. On motion of Councilman Graves, seconded by Councilman Shipsey, the following ordinance was introduced and passed to print on the following roll call vote: ORDINANCE N0. 204 (1961 Series) "An ordinance authorizing lease of Corporation Yard." AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 7. At this time the City Council held a public hearing on Resolution No. 844, "A Resolution giving notice of proposed annexation to the City of San Luis Obispo of uninhabited territory described herein and designated "Johe Property," and giving notice of time and place for hearing of protests thereto. Public hearing opened.. There were no protests. Public hearing closed. On motionoof Councilman Graves, seconded by Councilman Miller, the fol- lowing ordinance was introduced and passed to print of following roll call vote: ORDINANCE NO. 205 (1961 Series) "An ordinance approving the annexation of certain uninhabited territory, designated "Jobe Property ", to the City of San Luis Obispo, California." AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P.. Davidson NOES: None ABSENT: None 8. At this time the Mayor declared a public hearing on the appeal of Arnett and Broadbent from the decision from the Planning Commission in denying a variance of 10•ft. in the required width of a building.site in•a R -1 Zone, said lots being 12, and 13, Block 5, Monterey Heights Tract. Mr. Arnett, Realtor appeared before the City Council on behalf of-this appeal of the decision of the Planning Commission and reviewed for the City Council the facts already presented on behalf of this appeal. He further stated, it was not economically feasible for an individual to purchase adjoining lots in order to make the 50 ft. lots of record con- form to the ordinance. Mr. Arnett presented examples of building permits issued for 50 ft. lots of record in the past two years and also listed 50 ft. lots which were created by lot splits and approved by the Planning Commission in the past two years. Mr. Broadbent, Realtor then appeared before the City and presented addi- tional information and evidence in support of his appeal of the Planning Commission denial of the mse of a 50 ft. lot of record. Mr. Broadbent presented a letter from Richard Harris, and four other property owners across the street from this property stating that they did not object to the use of these 50 ft. lots for homesites. Mr. Broadbent also pre- sented a petition of protest signed by 18 realtors in not being allowed to use 50 ft. lots of record which existed prior to.the effective date of the Ordinance. , Councilman Miller stated that he believed that the enforcement of these provisions of the ordinance was discriminating against the wage earner as they could not afford to buy large parcels of land and build modest homes in the City of San Luis Obispo under the conditions laid down by the City Ordinance. Councilman Miller then read the following statement and requested that it be placed•in the minutes: "Is our City's policy of setting a minimum site for residential building lots in the public interest? This Councilman is of the opinion it is not. Why? First, our present ordinance requires all new subdivisions to have lots no smaller than 60x100. Second, where older subdivisions have 50 foot undeveloped R -1 lots the City has attempted (under certain conditions) to restrict building on these lots. The effect of this poslicy is to put building lots out of the reach of many citizens. If the trend continues subdividers will be forced to build homes for only the upper income citizens. One solution would be to allow in certain sections of our City houses built on smaller lots. W. Schwartz of the City Planning Commission (and an architect) has stated his profession can de- sign attractive houses which will fit on 35 and 40 foot lots. My suggestion to the Council is that we immediately consider revising our present ordinance so the needs of the greatest number of our citizens can be attained." Councilman Miller.moved that the City grant Jules Sibilio a variance to build on a fifty foot lot of record and that a building permit be issued. Motion denied for lack of a second. Miles Fitzgerald appeared before the City Council urging that a building permit be granted to these appli- cants, as most lots in the City of San Luis Obispo were designed as 50 ft. lot subdivisions, and further, in all justice he believed that any sub- ' division of record, regardless of lot size, should be allowed to be usedd and built on. He further stated that 50 ft. lots were historically accepted as building sites and any existing lots should be allowed to be used. He suggested that the City Council ament the Ordinance so that lots of record could be used and developed. Mr. D. F. Romero, City Engineer stated that for the 4z years the Build- ing Department was assigned to his office it had not enforced the pro- visions of this section, and in this.period many subdivisions were allowed to be put in and building permits were gtanted on lots of 50 ft. or less in width as this present interpretation of the Ordinance was not given at that time in his department. Councilman Graves stated that many years aro 50 ft. lots were adequate, . but now, with changing habits and growth of families larger lots "were the rule, not the exception, and people require .larger lots to accom- modate'the type of homes being built today. Mr. Lownes appeared before the Council stating that any many should. be allowed to build on any lot of record within the City. On motion of Councilman Graves, seconded by Councilman Shipsey, that the City.- Council hold a public hearing on whether to amend the ordinance to.allow all 50 ft. lots of record to be used and built upon. Meeting to be held November 6, 1961. Motion carried. On motion of Councilman Miller, seconded by Councilman Shipsey that a variance be granted to Jules Sibilio and Donald Stimson to use lots 12, and 13, Block 50, Monterey Heights. Motion carried on following roll call vote:. AYES: Miss Margaret McNeil, Donald Q. Miller, Gerald W. Shipsey NOES: R. L. Graves, Jr., Clay P. Davidson ABSENT: None 10. Mr. Wood, Attorney appeared before the City Council on behalf of his client Mr. C. M. Scarbrough who ttr: Wood claimed had relied on the action of the Small Subdivision Committee which did not require water main extension to the property being purchased by Mr. Scarbrough from Mrs. Rinker, and on this basis-Mr. Scarbrough purchased the property and Mr. Scarbrough's attorney contends that on this basis the City should not require contribution by Mr. Scarbrough for extensim of his water main, but should abide by the requirements of their own staff, or Subdivision Committee. Mr. Scarbrough stated that a 22" water main presently existed in-the street in front of his property and11e could not see why the Council would not allow him to hook up to this water line which would solve his problem. Upon questioning by the Council, Mr. Scarbrough admitted that the Water Superintendent had informed him before he applied for a small subdivision that he would be required to install a 6" main along the full frontage of his property. Mr. Scarbrough stated as this was not put in-,wiitnng he decided to go along with the requirements of the Small Subdivision Committee which did not require water main installation. Mr. Houser, City Attorney explained the provisions of the City Ordi- regarding the installation of water main extensions of the subdivider. Mr. Thompson, Water Superintendent explained to the Council just what he had presented to Mr. Scarbrough on this long before any action was taken by the Small Subdivision Committee, and further, that Mr. Scarbrough had the provisions of-the water main extension ordinance explained in detail long before the subdivision was consumated. The City Council discussed the appeal of Mr. Scarbrough, and prior action taken by the Council when he originall appealed this decision. Councilman Miller stated he believed the City Council had treated Mr. Scarbrough very fairly in agreeing to pay 2 the cost of the water main extension and not requiring full improvements as is normally re- quired in subdivisions of this type. Councilman Graves stated that he agreed with Councilman Miller that the City has treated this property owner fairly regarding his water main extension and the City should not make this extension at the City's expense. Councilman Shipsey agreed that Mr. Scarbrough had a problem in misunder- standing the provisions of the ordinance and provisions of the subdivision, but he believed the City had met Mr. Scarbrough more than halfway in the matter of this water main extension. On motion of Mayor Davidson, seconded by Councilman Miller, it was moved that the appeal of Mr. Scarbrough be denied on the following roll call vote: AYES: Miss Margaret McNeil, Donald Q. Miller, R. L. Graves, Jr., Clay P. Davidson NOES: Gerald W. Shipsey ABSENT: None 1 1 11. Mayor Davidson presented to the City Council negotiations which are under way with the Grading and Contractors Association to supply at least 12 pieces of earth - moving equipment and men for two full days work, and to move at least 10,000 cubic yards of earth under direction of the City Engineer, in accordance with the Laguna Lake Master Plan. City to pay the Association $2,000.00 for the work. Mayor Davidson also explained negotiations going on with representatives of the Operating Engineers Union whose men will drive the equipment. The City and Union Representatives will be meeting on the 17th of ' October to see if the Union will donate the labor to operate the equip- ment to further develop Laguna Lake. The City Council discussed the proposal as presented•by the Mayor regarding the Grading and Contractors Association and Operating Engineers Union. On motion of Councilman Miller, seconded by Councilwoman McNeil, the City was authorized to contract with the above groups with an expend- iture up to $2,000.00. Motion carried. 12. Traffic Committee Report of October 3, 1961: "61- 10 -1T. At the request of residents in the area, the Traffic Committee has looked at the prevailing traffic flows on Augusta Street and feels that yield right -of -way signs should be installed on San Carlos and on San Mateo at the Augusta Street Intersections." The following Resolution was passed and.adopted.on the following roll call vote: RESOLUTION NO. 854 (1961 Series) "A resolution establishing "Yield Right - of -Way" signs on San Carlos and San Mateo Streets." AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, ' Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None "61- 10 -2T. During the past several months the present and former Traffic Committee have been concerned with problems of visibility resulting from the.fact that numerous residents have plantings and other obstructions within the City rights -of -way. We strongly recommend that the Council Issue a policy statement indicating that at the end of•a six month period the City will take steps to have such encroachments eliminated if the property owner has not done so in the meantime. In this connection, it is also suggested that the City Engineer address a form letter in those cases where he has knowledge of an encroachment -and particularly where a traffic hazard is created thereby." "61- 10 -3T. The Committee has looked at a traffic hazard existing at the corner of Ramona and La Entrada and suggests a yield right -of -way sign on Ramona at La Entrada, governing east -bound traffic on Ramona." - The following resolution was passed and adopted on the following roll call vote: RESOLUTION NO. 855 (1961 Series) "A resolution establishing a "Yield Right - of -Way" sign on Ramona Street." ' AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None Traffic Committee Report of October 11, 1961: "61- 10 -4T. The Traffic.Committee has gone over the temporary Post Office arrangement with Mr. O'Donnell, and we find.that temporary quarters will be occupied during construction for about 10 or 12 months. It is there- fore recommended that the following changes be made: (a) The•four (4) green spaces on the south side of Marsh, west of Morro be replaced with four (4) parking meter spaces; (b) The four (4) green spaces on the west side of Morro, south of Marsh be replaced with parking meter spaces; (c) The next five (5) parking meter spaces to the south on the west side of Morro be replaced with three (3) green 12- minute spaces (non - metered), and one (1) yellow loading zone space and one (1) white passenger loading zone; and (d) The first two (2) parking meter spaces on the east side of 1 Morro, north of Pacific Street be replaced with two (2) 12- minute green zones (non - metered); (e) Approximately 36 feet of red zone on the north side of Higuers, west of the first driveway ram west of Osos Street be changed to a white passenger loading zone for the purpose of accommodating a snorkel mail -at- the -curb post office box as soon as snorkel boxes are available. The following Resolution was passed and adopted on the following roll call vote: RESOLUTION N0. 852 (1961 Series) "A Resolution establishing parking regulations in connection with the Post Office." AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None "61- 10 -5T. The Traffic Committee has observed a very hazardous condition on Paso Robles Drive in the Monterey Heights area which is a very narrow existing street and recommends that, signs be placed at its intersection with Buena Vista Drive reading. "Not a Thru Street ". and "No Parking Beyond this Point." On motion of Councilman Graves, seconded by Councilman Shipsey, a "Not a Thru Street" and "No Parking Beyond this Point" signs be installed. Motion carried: The following Resolution was passed and adopted on the following roll call vote: RESOLUTION NO. 853 (1961 Series) "A Resolution establishing a No- Parking Zone on Paso Robles Drive." AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 13. Notice form the State Water Pollution Control Board bringing to the City Council's attention emergency amendments to the resolution certi- fying priority and approval of projects eligible for Federal Construc- tion Grants. Communication ordered received and filed with copies to be sent to Harry Jenks and Stone & Youngberg. 14. For the Council's consideration agreement between the City and Division of Highways for engineering and construction work in connection with the Madonna Road Interchange. .Construction work in connection with relocating of the City's sewer facilities. Mr. Houser, City Attorney explained the provisions of the agreement in that the City will have the work done and will be reimbursed by the State for all costs in- curred by the City. On motion of Councilman Shipsey, seconded by Mayor Davidson, the Mayor was authorized to sign the agreement subject to the approval of the City Attorney. 15. Communication from the Parade Chairman of the Cal Poly Homecoming requesting permission to hld the annual Homecoming Parade and also asking assistance of the City for this parade. The parade is to be held on Saturday, October 28, 1961. On motion of Councilman.Miller, seconded by Councilman Graves, the request was granted and the Police Department instructed to cooperate with the Homecoming Parade Committee. 16. Communication from the Park and Recreation Director requesting per- mission to hold the Annual Halloween Costume Parade and Party for Ele- mentary School Children. Approved on motion of Councilman Graves, seconded 1 by Councilman Shipsey. 17. Communication from the Division of Highways notifying the City Council that the City's plan of extending Madonna Road to South Street through the State's Equipment Yard is unacceptable to the State of California. Communication ordered received and filed. 18. Communication from the State Board of Equalization notifying the City Council of an increase in the administrative costs for collection of sales tax by the City. Communication ordered received and filed. 19.• Mayor Davidson wishes to acknowledge the outstanding manner in which Police Officer Jerry Kechter handles his duties as the Mayor has received compliments on this officer's performance. 20. Request of Frank E..Dudley to hold a recital at the Veterans War Memorial Building on November 9, 1961, and a request that the Council suthorize a license be issued was approved on motion of Councilman Miller, seconded by Councilman Graves, with the understanding that this did not mean an endorsement of the.program by the City. 21. Consideration by the Council of the request from Knutson -Helms Company for acceptance by the City of improvements to Tract No. 203, Ann Arbor Estates. On motion of Mayor Davidson, seconded by Councilman Miller, the following resolution was passed and adopted on following roll call 1 vote; resolution providing the bond was not to be released until im- provements had been completed to the satisfaction of the City Engineer. RESOLUTION NO. 856 (1961 Series) "A resolution of acceptance of Ann Arbor Estates, Tract Number 203." AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: Gerald W. Shipsey ABSENT: None 22. Appeal of Sinsheimer Bros. to the City Council from a denial by the City Planning Commission for rezoning from R -3 to C -1 of property located on Olive Street between Santa Rosa and Osos Streets. Set for public hearing on November 6, 1961. 23. Mr. Houser, City Attorney presented a report from the Traffic Advisory Board regarding the downtown double parking problem. 24. City Council Committee Councilmen Graves, and Shipsey, presented their report on Low Rent Housing to the City Council. 25. Mayor Davidson appointed City Clerk J. H. Fitzpatrick to represent the City at the United Nations Day Ceremonies to be held Tuesday, October 24, 1961. 26. Councilman Graves reported to the City Council on a meeting held with .the School Board Committee.regarding realignment of San Luis Drive. He stated that City Engineer, Mr. D. F. Romero was to prepare a map of the property which would be exchanged with the City for realignment of this street. Mr. Romero.will also prepare preliminary plans and speci- fications for this work.