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HomeMy WebLinkAbout11/18/19631 1 1 ADJOURNED MEETING OF CITY COUNCIL November 18, 1963 - 7 :30 P.N. CITY HALL Invocation was given by Mayor. Clay P. Davidson. Roll Call City Staff Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick, City Clerk; W. M. Houser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; W. E. Schofield, Police Chief; E. P. Thompson, Water Superintendent. On motion of Councilman Miller, seconded by Councilwoman McNeil, the minutes of October 28, 1953 were approved as read. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following minutes were approved as corrected: Minutes of November 4, 1963 Page 3, Item 7 should read, "Mayor Davidson stated that he was personally very excited with the proposed central core development plan as presented by Mr. Williams and made the following observations." Minutes of November 11, 1963 Page 8, Traffic Committee Report. No. 63 -11 -4T Motion should read: "AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald 0. Miller, Clell W. Whelchel NOES: Clay P. Davidson ABSENT: None " Page 10 On motion to adjourn, it should read as follows: "On motion of Councilman Miller, seconded by Mayor Davidson, the meeting adjourned." On motion of Councilman Graves, seconded by Councilwoman McNeil, claims against the City for the month of November, 1963 were approved, subject to the approval of the Administrative Officer, X. Mr. Paul Adamson, Consulting Engineer, appeared before the City Council and presented for the Council's consideration the plans and specifications for water system improvements, including Johnson Street water pumping station and appurtenant water lines, Bishop tank alterations, McCollum Street pump station bypass, and raising of the Slack Street tank. Mr. Adamson estimated that the total contract construction cost would be $74,321.00. E. P. Thompson, Water Superintendent, stated that he has studied the plans and specifications and they were correct and requested Council authority to call for bids. R. D. Miller, Administrative Officer, reported to the City.Council that money is available for the project in the general and water funds -i€ the City wishes to proceed. On motion of Councilman Graves seconded by Councilman Whelchel the plans and specifications were approved and a call for bids was authorized. Bids to be opened on December 12, 1963. Motion carried. City Council Minutes November 18, 1963 Page -2- 1. At this time the City Council considered a Grant Deed, Covenant and Agreement from John and Cora Gaustad for street widening on Johnson Avenue. D. F. Romero, City Engineer, explained the project involved in widening the street in front of the Gaustad property as follows: ' Mr. Romero explained that the widening at the Gaustad property would make the garage unusable; therefore, the City was obligated to construct a carport and proper access to replace the garage. The widening would also create a front yard less than 20 feet in depth; therefore, the City will construct a retaining wall to preserve as much front yard as possible. In addition, the agreement calls for replacement of trees and landscaping, payment for other trees which are being destroyed, installation of curb, gutter, and sidewalks, and street.. work, and numerous other items to return the property to a state equal to its . original condition. Mr. Romero pointed out that the cost to the City would be approximately $5,000 and that ultimate future expense to Mr. Gaustad when he subdivides would be $120. The City Council discussed with Mr. Romero the various provisions of the agreement with the Gaustads to make sure the City was protected on this development. Councilmen Graves and Whelchel, members of the Council Committee appointed to study this widening problem, recommended approval of this proposal as submitred by the City Engineer. On motion of Councilman Miller, seconded by Mayor Davidson, the plans and specifications were approved and authorization was given to call for bids. Motion carried. On motion of Councilman Miller, seconded by Councilman Graves, the Mayor was authorized to sign the Grant Deed and Covenant on behalf of the City and record same. 2. On motion of Councilman Miller, seconded by Councilman Whelchel, the Mayor was authorized to accept and record on behalf of the City a Grant Deed from Josephine Escobedo for street widening on Johnson Avenue. Motion carried. Y. On motion of Councilman Miller, seconded by Councilwoman McNeil, the City Clerk was instructed to issue free Mission Plaza Reports to the Real Estate Research Committee and the County Planning Department. Motion carried. Z. R. D. Miller, Administrative Officer, reported to the City Council on the statement for Mr. Williams' appearance on October 30, 1963 explaining the Mission Plaza Development. He also reported that the firm had requested how to handle the personal service of Mr. Coke, Economist for Smith & Williams. After discussion by the City Council and with their consent, Mr. Williams' statement was approved and no payment will be made for Mr. Coke's service as it was not authorized prior to the performance of the work. 3. At this time the City Council held a public hearing on the appeal of Lila Schwarzbach from a decision of the Planning Commission in denying her request for a variance to house additional Cal Poly students at 42 Verde Drive. Mayor Davidson declared the public hearing open. Councilman Miller reported that apparently Mrs. Schwarzbach had not received notification of this hearing and requested that it be held over to December 2, 1963. The Council had no objection and Mrs. Schwarzbach was to be so notified. 4. At this time the City Council held a public hearing on the appeal of Raymond T. and Shirley Hesse from a decision of the Planning Commission in denying their request for a variance to allow two (2) additional students at 561 Couper Drive. City Council Minutes November 18, 1963 Page -3- Mayor Davidson declared the public hearing open. The following report was received from the City Planning Commission: "The Planning Commission denied this application. ' The Hesse's live in a single - family dwelling adjoining the apartment develop- ment on Couper Drive. Their application was for a variance to accomodate three (3) Cal Poly students, in addition to those permitted in an R -1 zone by the Ordinance. A letter was received from eleven families in the area objecting to the proposal. In view of this and the precedent that would be created by approval of this type of application, the Commission denied it.70 Mayor Davidson recommended that the Council approve the variance subject to the property owner providing the necessary off - street parking: spaces for each student and that no students be allowed with additional cars if off- street parking spaces are not provided. Peter Chapman, Director of Planning & Building, presented the following petition presented to the Planning Commission protesting the granting of this variance: "We, the undersigned, who live in the immediate vicinity of the residence of Raymond and Shirley Eesse at 561 Couper Drive, urge that their request for a variance be denied. If this variance is granted it would set a precedent in a single family neighborhood that we most definitely oppose. The reason for opposition is our most sincere desire to maintain this area as a single family neighborhood." This petition was signed by eleven (11) persons. W. M. Houser, City Attorney, listed for the Council findings that the Council must make to grant a variance as required under the Municipal Code. Councilman Miller explained the background and the reasoning for the Council limiting the number of students living in the R -1 zones; the reason being to protect the integrity of the single family Zone. Councilman Miller recommended that the variance be denied. Councilman Graves agreed with Councilman Miller stating that this structure was built in an R -1 zone and if the variance were granted, the City Council would be breaking the restrictions in the R -1 zone and would establish a precedent which would downgrade the R -1 areas. He believed the same condition applied to the Schwarzbach appeal. Mr. Hesse appeared before the City Council urging that the Council approve their variance as he and his wife only admit foreign students who have a difficult time finding quarters and further, he believed that the City needs the revenue from these extra students and cannot understand the attitude of his neighbors who are protesting these students living in his home. ' Mayor Davidson declared the public hearing closed. On motion of Councilman Graves, seconded by Councilman Miller, it was moved that the City Council uphold the Planning Commission and deny the variance requested, but the students would not have to be out of these quarters until after December 13, 1963. Motion carried on the following roll call vote: AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. 1%1,,elchel NOES: Clay P. Davidson ABSENT: None City Council Minutes November 18, 1963 Page -4- S. 8:30 P. M. At this time the City Council held a public hearing on the determination that sidewalks and /or curbs and gutters shall be constructed;.._. reconstructed and repaired on the streets and portions of City streets locaiiid within the City of San Luis Obispo, and listed in Resolution No. 1189. ' Mayor Davidson declared the public hearing open. M. F. Ritchey. 1429 hipomo Street, appeared before the Council and protested the order to install concrete sidewalk and requested permission to repair her black top sidewalk A. W. Rodrigues, 1352 Palm Street, asked the City Council to delay any action on this matter until the Council has had au opportunity to study this matter. Further, he stated he was also appearing on behalf of Mrs. Pease, 1344 Palm Street and Mrs. Addie Curtright, 1390 Palm Street. Mr. Rodrigues stated that he was asking for this delay as he can see no reason for replacing the black top sidewalk in front of these three (3) properties with concrete sidewalks and there is very little pedestrian use due to the dead end of Palm Street at the railroad and further, that the City Council still is considering the possibility of placing an overcrossing or underpass at Palm Street and the Southern Pacific Company tracks and until this decision is made, the property owners should not be made to spend additional money on improvements that will be removed if or when the over or undercrossing is constructed. Mrs. Addie Curtright, 1390 Palm Street, protested the replacement of black top with concrete on the basis of the unnecessary expense to her. Also, that Palm Street is a dead end street, foot traffic is negligible, and that it was unreasonable to require her to pay for a new concrete curb, gutter and sidewali- when the present granite curb, gutter and sidewalk are adequate and when other areas in the City have not improved at all. However, Mrs. Curtright stated that she would be agreeable to the construction of a new five (5) foot sidewalk and parkway with the existing curbs, instead of the ten (10) foot sidewalk she now maintains. Councilman Graves agreed that a five (5) foot sidewalk with parkway would be more than adequate for this neighborhood and that Mrs. Curtright's proposal should be approved. On motion of Councilman Graves, seconded by Councilman Miller, that the City allow a five (5) foot detached sidewalk with a five (5) foot parkway for Lilian Pease, 1344 Palm Street, A. W. Rodrigues, 1352 Palm Street and Addie Curtright, 1390 Palm Street. Motion carried. It was agreed that plant mix sidewalks would be removed between the new concrete sidewalk and the curb. Mayor Davidson declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1216, a resolution ordering ' construction, reconstruction and repair of sidewalks. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Melchel NOES: None ABSENT: None 6. 8 :30 P. M. At this time the City Council held a public hearing on the recommendation of the Planning Commission for approval of the application of Lew Litzie for a preliminary development plan for student housing. Mayor Davidson declared the public hearing open. 1 1 City Council Minutes November 18, 1963 Page -5- The Planning Commission forwarded the following recommendations: "The Planning Commission recommends that the Council approve the Preliminary. Development Plan, subject to the following conditions: 1. Construction to be started within three years of approval of the Preliminary Development Plan. 2. Pedestrian access to be provided across the railroad. 3. One parking space per two students to be shown on the plans. Seven hundred and fifty (750) improved parking spaces to be available on completion of the project. The remainder to ba provided when deemed necessary by the Planning Commission." Mr. Chapman, Planning Director, presented sketches of the plot plan showing the development as planned by Mr. Litzie, including the parking, access roads, and building sites. A communication was received from the Division of Highways commenting to the City Council on the proposed access from the Litzie Development to Santa Rosa Street for traffic in and out of this development. Mr. Litzie appeared before the City Council and discussed h -'s proposal and urged that the City Council approve his planned development so that he may proceed with his financing and detailed construction plans. Mr. Bernard Duveneck explained some of the background to -the Council as to how the access was arrived at from his property to Santa Rosa Street and is the only access o:aned and controlled by the property owners involved in this developmert. Mr. Duveneck went on at length on his past problems in attempting to have his property zoned for a higher use. Further, he continued that he believed that the proposed development by Mr. Litzie is the best that the property owners have been able to come up with. Mayor Davidson stated that after a study of his proposal, he believed this would be a good development for the land involved, that it would be good for the City.. College, and students, but that he must remind the City Council of the dangers of existing traffic problems at the access on Santa Rosa Street and considered the letter received from the Division of Highways regarding traffic problems, namely the number of movements to this property could be as high as 1,000 vehicles per day or 200 per hour traveling north on Highway No. 1 to Boysen Avenue and making a "U" turn in the face of south bound traffic to proceed toward downtown San Luis Obispo. Mayor Davidson recommended that provision #4 be added to the conditions of the planned development as follows: That the developer be required to enter negotiations, with the cooperation of the City, to acquire the necessary property for the construction of an adequate access to the property as suggested by the latter from the Division of Highways. All cost involved to be borne by the developer. On motion of for Davidson, seconded by Councilman Graves, that Item #4 of the conditions of approval of the preliminary development plan be added as follows: That the developer be required to enter negotiations, with the cooperation of the City, to acquire the necessary property for the construction of an adequate access to the property as suggested by the letter from the Division of Highways. All costs involved to be borne by the developer. Mr. Litzie appeared before the Council stating that he would agree to this new addition if there were no additional cost to be placed on his development, as he is watching each expense very carefully in order to do as good a job with the basic problem which is student housing. City Council Minutes November 18, 1963 Page -6- D. F. Romero, City Engineer, stated that the access as shown by Mr. Litzie is dangerous and would create formidable traffic problems, and that the access proposed by Mayor Davidson, that is opposite Boysen Avenue, would serve traffic for this development and the City much better. ' It. Litzie agreed with the suggestion of trying to work this matter out with the adjoining property owner, but asked that the City Council set some time limit so that he would not be held up in starting the over -all development of his plan. Mr. W. M. Houser, City Attorney, stated that if any changes were made to the access it should be done before the final plans are presented to the Council for its approval. The motion to add Item 4 to the conditions was carried unanimously. The City Council then discussed with Mr. Litzie the conditions placed by the Planning Commission in the matter of providing off - street parking for eight hundred (800) spaces or on the basis of one (1) space for each two (2) students. Mr. Litzie objected to the requirement of two to one ration because he stated it was unrealistic and unfair to his development. Mrs. Kinney appeared before the Council urging that the City approve the plan without adding unreasonable parking restrictions on the development as she was sure that most of the students in this development would not have cars as this housing is so close to the school campus. ' On motion of Councilman Graves, seconded by Councilman Whelchel, the following resolution was introduced. Resolution No. 1215, a resolution approving the Litzie Planned Development. On motion of Councilman Miller, seconded by Councilman Graves, it was moved to amend the resolution to require only seven hundred (700) improved parking spaces to be available on completion of the project. The remainder of the parking to be provided when deemed necessary by the Planning Commission due to the demand of parking requirement on the project. Amendment carried unanimously. Resolution as amended was passed on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOBS: None ABSENT: None 6a. At this time the City Council held a public hearing on the recommendation of closing Crandall Way at the City limits. Mayor Davidson declared the public hearing open. ' Communication from Julien A. McPhee. President of Cal Poly, requesting that the City Council hold off consideration on the matter of closing Crandall Way until the College has had an opportunity to study the effect this closing would have on the overall college operation. Mayor Davidson declared the public hearing closed. Public hearing to be continued when the City hears from Cal Poly. 7. At this time the City Council considered the appointment of citizens to serve on the Council Committee to study the development of the central core area of Greater San Luis Obispo. 1 1 1 City Council Minutes November 18, 1963 Page -7- Mayor Davidson submitted the following list: Mayor Clay P. Davidson Councilman R. L. Graves, Jr. Father Steiger, and a representative lay member of the Catholic Church to be appointed by Father Steiger Mel McDonald Warren Sinsheimer Jack Feliciano - Planning Commissioner Burt Fugate Merlyn Carpenter Bob Corcoran Bob Janssen - Park & Recreation Commissioner Councilwoman McNeil submitted the following name: Mabel Durklee Councilman Whelchel submitted the following name- Henry Case - Traffic Engineer for the Division of Highways Councilman Graves submitted the following name: Gerald W. Shipsey The Planning Commission submitted ti,e following name: Jack Feliciano - Planning Commissioner Mayor Davidson suggeste? that all persons nominated by the Council members should be added to the Committee in order to get a more representative group of citizens studying this matter. Councilwoman McNeil and Councilmen Gravel, Miller and Whelchel stated that they had no objection to all nominees being appointed to the Council Committee. On motion of Councilman Graves, seconded by Councilman Whelchel, the Council accepted all names as submitted and that they be appointed to serve on the Mission Plaza Study Committee. Motion carried. The first meeting is to be held Wednesday, November 20, 1963 at 7:30 P. M. and the City Clerk was instruct: ed to notify all appointees of their appointment and the first called meeting:°:= 8. Councilman Whelchel, Chairman of the Taxi Committee, asked that the matter of the requested cab stand on Higuera Street for the A & M Cab Company be held over until the report for development of a new crosswalk is received by the City Council as this is the general facility in which the new cab stand has been requested. 8b. Request from the Yellow Cab Company for an additional stand to be located at 879 Higuera Street was referred to the City's Taxi Cab Committee. 8c. Communication from the Yellow Cab Company applying to the City for two (2) additional taxi cabs, was referred to the Taxi Cab Committee. 9. At this time the City Council considered the final map of Ann Arbor Estates No. 3, Tract No. 317. The following recommendation was received from the Planning Commission: Resolution No. 147 -63 was unanimously adopted by the Planning Commission on October 15, 1963; thereby recommending approval of the final map of Arm Arbor Estates - Tract No. 317, subject to the following conditions: 1. Surface drainage from the north of the property to be carried underground. 2. The names of Lee Ann Court and Jamy Lee Court be changed to conform to the street naming policy of the Commission. It was further suggested that utilities be placed on the rear lot lines." City Council Minutes November 18, 1963 Page -8- Mr. D. F. Romero, City Engineer, presented a map of the subdivision and then presented the following conditions for final approval of the map: "1. The subdivider shall fully improve Southwood Drive except that no sidewalks are required on the North side. 2. The subdivider shall reserve and deed to the City a one foot non - access strip along the North boundary of Southwood Drive. The City will deny access of this strip until the owner has installed a standard concrete sidewalk along this property and has reimbursed the subdivider of Tract No. 317 for one half the cost of the land and street improvements (exclusive of sidewalks on the South side) for this portion of Southwood Drive. Reimbursement to the subdivide! shall be applicable to November 18, 1973, in such amounts as determined by the City Engineer. 3. The subdivider shall install a 12" waterline on Southwood Drive and City will pay for excess capacity between an 8" line and a 1211 line. The subdivider shall be entitled to such reimbursements as are specified under Section 7410.7 of the San Luis Obispo Ymnicipal Code. 4. The subdivider shall pay the City the sum of $4,935.00 (14.1 net acres at $350.00 /acre) connection charge to the City water system in accordance with Section 7410.5.1 of the Municipal Code. 5. The subdivider shall pay the City the sum of $3,479.18 (16.04 acres at $140 /acre, 3.42 acres at $273.52116/acre, and 105 feet at $2.8451 per lin. ft.) as this property's share of the Johnson et al sewer district now serving this parcel and this property's share of the existing sewerage facilities to be used by the property. ' 6. It is mutually agreed that the grading permit fee will be deposited with other subdivision inspection fees and that these funds will be treated as normal subdivision inspection fees. 7. All exposed slopes steeper than 3:1 shall be planted." Mr. Romero continued and explained to the City Council the conditions placed on the subdivision by the Planning Commission, particularly that the surface drainage from the north of the property be placed underground. Mr. Romero explained the Planning Commission's reasoning for setting such a condition. Mr. Romero then reported that the final map was technically correct and recommended that the Council approve the final map. Mr. Houser, City Attorney, stated that the City Council had no control over the water service in the new tract once the final map had been approved as all lots could be sold without any condition on the quantity of water to be served. Mr. Houser recommended that the City Council approve the final map, but that the map not be signed or agreement signed by the Mayor until the Johnson- Flora water improvement contracts have been let which would guarantee water ' to these properties. Mr. Houser continued that based on 1963 Legislation, the subdivider must file a minimum of 50% Labor and Material Bond to guarantee payment to sub - contractors doing the off -site improvements. Mr. Houser suggested that the Council amend the subdivision agreement to include this bond. Mr. Jim Knuthson, subdivider, appeared before the Council and stated that based on the approval given him by the City Council on the preliminary subdivision map regarding the drainage treatment, that he had proceeded on this premise and that all their engineering maps, plans and bids were let in accordance with this decision and urged that the City Council not change this requirement at this time. Also, as far as the names of Lee Ann Court and Jamy Lee Court City Council Minutes November 18, 1963 Page -9- are concerned, no comment was made by the Planning Commission on these names at the time the preliminary map was approved, so the subdivider has prepared advertisement maps and brochures with these names as shown on the final map and hopes the Council would not at this time require him to change the names. Mr. Rnuthson also asked that the Council not require him to place the utilities in the rear of the view lots as it would spoil the view from these high lots. On motion of Councilman Graves, seconded by Councilwoman McNeil, the City Council denied the recommendations of the Planning Commission. On motion of Councilman.Graves, seconded by Councilwoman McNeil, the following resolution was introduced. Resolution No. 1214, a resolution approving the final map of Ann Arbor Estates No. 5. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None On motion of Councilman Graves, seconded by Councilwoman McNeil, the following resolution was introduced. Resolution No. 1213, a resolution increasing the 1963 -64 budget. (Account No. 211.11 City Engineer -Ann Arbor Estates Inspection Fees #3'be added in the amount of $6,050.00 and the unbudgeted reserve be decreased by $6,050.00) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 13. D. F. Romero, City Engineer, presented plans and specifications for Broad Street widening at the Church of Christ location and explained what was proposed in the widening and recommended that the Council approve the plans and specifications for the project. Mr. Romero stated that the estimated cost of construction was $6,235. On motion of Councilman Graves, seconded by Councilman Whelchel, the City Council approved the plans and specifications and authorized the call for bids and Mayor Davidson was authorized to accept and record the Grant Deed for the widening. Motion carried. 16. On motion of Councilman Miller, seconded by Councilman Graves, the following ordinance was introduced. Ordinance No. 276, an ordinance rezoning the Perozzi Annexation No. 2 parcel from U to R -1. Passed to print on the following roll call vote: ' AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None On motion of Councilman Miller, seconded by Coune! i 1pap. Graves, the meeting adjourned at 11:30 P. M. to Monday, November 25, 1963 at 7 :30 p. M. Approved: December 2, 1963 J. H. FITZPATRICK, CITY CLERK