HomeMy WebLinkAbout11/18/19631
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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.
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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.
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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