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HomeMy WebLinkAbout02/17/1969Adjourned City Council Minutes February 14, 1969 Page 2 He continued that his department could not issue the permit until the 30 day.refer- endum period had elapsed. He suggested that Mr. Volny be required to file a docu- ment with the City, agreeing to remove any and all improvements on the property if A referendum is filed against the ordinance. Mayor Whelchel stated that he could see no problem in this request as the error in the zoning map,was made by the City, and the developer had proceeded in good faith on the information available to him. Also these meetings expediting the rezoning ' had been well publicized and no one had appeared in protest at the Planning Com- mission or the two meetings of the Council and he felt this was a fair request. On motion of Councilman Miller, seconded by Councilman Spring, that a building permit be issued to Volny, subject to the filing of a document, approved by the City Attorney, that he will remove the buildings from the land in the event a referendum is filed against the ordinance. Motion carried. II� 1 2. On motion of Councilman Blake, seconded by Councilman Spring, the meeting adjourned. APPROVED: Pledge Roll Call City Staff . FITZPATRICK, CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL Supervisors Chambers - Court House Annex Presents Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel 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; L. Schlobohm, Fire Chief; E. P. Thompson, Director of Water Department. On motion of Councilman Blake, seconded by Councilman Miller, the minutes of the meeting of January 20, 1969, were approved. On motion of Councilman Gallagher, seconded-by Councilman.Miller, claims against the City for the month of February, 1969, were approved and ordered paid subject to the approval of the Administrative Officer. _ Motion carried. 1. Continuation of the request of the Retail Merchants to close Higuera Street. from Morro to Broad Street for the second annual Flea Market promotion to be held on July 26, 1969. The Retail Merchants Committee submitted a survey and questionaire they circulated to the various merchants not only on Higuera Street but in the central core area as to their feelings on holding the flea market on Higuera Street on July 26, 1969. 55 Business were surveyed with 697. voting for the flea darket, 25% voting no and 6% expressing no opinion. City Council Minutes February 17, 1969 Page 2 On front footage basis 73% voted yes, 207'. voted no and 77. expressed.no4 opinion. Therefore, based on these results, the Retail Merchants.Committee again requested the City Council to approve the one -day closing of Higuera Street from Morro to Broad Street for the flea market promotion. W. Idler, Chairman, 1969 Flea Market appeared before the City Council explaining the way the questionaire was handled. He-stated it was his opinion that the survey showed that the majority of the down- town merchants were in favor of closing Higuera Street for the flea market pro- motion. R. Porche, dba Charles Shoes,'presented to the City Council a petition signed by 14 merchants on Higuera Street between Morro and Chorro objecting to the closing of Higuera Street and to the flea market promotion. R. Porche. stated he felt that the type of merchants and merchandise that was brought in by the flea market was not beneficial to the downtown merchants and he felt it detracted from the shopping area of San Luis Obispo. Mayor Whelchel stated that it seemed -to him that the proposal to close Higuera Street for the Flea Market promotion was not unanimously supported by the mer- chants in the downtown area. He felt the flea market should be held in the Mission Plaza area as this was one reason Monterey Street had been closed so that it would be available for functions of this type. Further, he felt it would not be wise to close the only southbound main street in the City as it would be very confusing to strangers and visitors to the community who were not familiar with the other streets in San Luis Obispo. Councilman Blake stated that the merchants on Higuera Street from Broad to Nipomo Street objected to the closing of Higuera Street for the flea market promotion as it would stop practically all traffic from travelling down Higuera in front of their stores. W. Idler, Chairman, 1969 Flea Market, stated that the purpose of the flea market was to introduce new customers to the stores and services offered downtown. By bringing the promotion to the main street of town, it would introduce new people to a fine shopping area. Councilman Gallagher stated that he objected to allowing out -of -town merchants to set up junk sales on City streets under the guise of a flea market. Councilman Spring stated he was opposed to closing Higuera Street for even one day as this was the main north -south route for the City.' Councilman Blake,stated he felt that the flea market could be a success even if it were moved to Monterey and the adjoining City parking lot. Councilman Miller concurred and stated he felt that Monterey was closed for the purpose of-accommodating• this type of program and promotion. On motion of Councilman Blake, seconded by Councilman Gallagher, that the flea market be declared-a special event and'that they be allowed to-.use Monterey Street from Broad to Chorro, Parking Lot No. 10 across from the Mission and the present park for this promotion. Motion carried. I . r. 2. J. Ross, President La Fiesta; presented 'to the-City Council 'a statement of income and disbursements from July 1, 1967 to December 31, 1968 and estimated budget for the. 1969 Fiesta celebration. He continued, explaining to the City Council the program and special events that are being considered for the 1969 Fiesta. He stated that the Fiesta will try this year to have more rides for the young people and will again attempt a Fiesta rodeo for the enjoyment of all ages. S 1 1 L' City Council Minutes February 17, 1969 Page 3 J. Ross announced that the Fiesta will be held on May 16, 17, & 18 and the theme for the 1969 Fiesta will be the Portola Trek. He continued that he was not asking the Council for City funds for the 1969 Fiesta at this time but hoped at the next Council meeting the City Council would analyse the financial statement and would see.their way to granting financial assistance for the Fiesta operation. ' He suggested that the City Council consider an advance of $1,000 at this time and allow $3,500 to help pay for the Fiesta operations. He felt that this money could be taken from the City's promotional fund collected through bed tax. During the Fiesta the motels are full, and this would be one way of helping to defray the Fiesta's expenses.. The matter was continued to the March 3, 1969 meeting. 3. Communication from.Arnett and Broadbent, realtors, on behalf of Dr. Edwin Ruda, property owner at 305 -307 Higuera Street, asking that the City Council rescind the notice to repair the sidewalks at this - location to remove the drive- way ramps and replce them with curb, gutter and sidewalk. .They continued that the driveway in front of this building has not been -- abandoned, as the building is multi- purpose, in order to meet the needs.of any.tenant. At the present time the buildings have aluminum framed glass fronts and overhead garage doors. By simply removing the aluminum frames, the garage doors are operable and the driveway would then be needed. Further, if the sidewalks and . driveway ramps had to be changed every time there were a change in tenants, the cost would be financially impossible for the property owner. D. F. Romero, City Engineer, agreed with the letter from Arnett and Broadbent that -,the front could be removed and replaced with garage doors and the building could 1 be used as a garage. Councilman Blake suggested that the old Department of Motor Vehicles property owner be instructed to place curb, gutter and sidewalk in front of the building, and that the other buildings be allowed to remain with the double driveway. On motion of Councilman Blake, seconded by Councilman Miller, that the request of Dr. Ruda be approved and that parking be allowed in the driveway area. Motion carried. Councilman Gallagher voting no. 4. Communication from O. J. Gullickson, Deputy Director of Civil Defense, regarding the recent near disaster during the heavy rains two weeks ago. Commander Gullickson continued that while.he was in the Emergency Operation Center preparing to handle any emergencies which might arise, the City Council did not activate the Civil Defense organization and much duplication of effort resulted which might have been avoided had the Civil Defense organization been allowed'to function. He continued that he felt the operations of the City during the last storm were poorly handled and felt that the City should have used the approved disaster plan for the City, which he felt would have resulted An less effort. Less problems would have arisen, and better control would have been effected. B. Jackson, Civil Defense Advisory Board; urged better cooperation between the City government and the Civil Defense organization so that proper use of Civil Defense could be made. Mayor Whelchel stated that during the last storm he as Director of Civil Defense personally supervised the City forces handling the main problems and he stated that at no time did he feel that a disaster had occurred and that he should activate the City's Civil Defense forces. He felt that the first line of defense were the paid City employees and City owned equipment. City Council Minutes February 17, 1969 Page 4 5. At this time the -City Council held a public hearing on the appeal of Ron Dunin and John C. Fairweather from a denial by the Planning Commission of a requested rezoning from PD /R -2 to R -H of that property located on the east side of Hathway Street between Murray and Montalban Streets, commonly known as 520 Hathway-'Street. The City Clerk read a letter from Herbert M. Line-and Pearls E. Line, 534 Hathway Street supporting the proposed apartment development of Dunin and Fairweather of 48 apartments adjacent to their home at 534 Hathway Street. R. D. Young, Planning Director, presented the following reasons from the.Planning Commission for denying the subject application. 1. The subject property is approximately 82,100 sq. ft. in area and is zoned PD /R -2 with an approved development plan for 32 multiple units at a density of one unit per 2,790 sq. ft. of land.area. 2. The subject property is located within a small R -1 pocket, which is bounded by an R -0 District, an R -2 District, an R -C District, U. S. Preeway*101 -and the. Southern Pacific Railway right -of -way. There are many good single family homes on Ellen Way and on Hathway'Street directly across from and to the south"of the subject property. 3. The R -H District.:permits a density of one unit per 1,200 sq. ft. of -land area. The subject property under the R -H classification could be developed with a maximum of 68 units. 4. It was the opinion of the Commission that the density permitted under the pro- posed R -H District would be incompatible with the existing well kept single family area. D. F. Romero, City Engineer, stated that the sewer line in front of this property is not adequate and if a higher density were allowed it would aggravate the sewer problem. If the rezoning were approved, he urged the property owners to extend 1 the sewer line from the property to the intersection of Hathway and Montalban where an adequate sewer line exists: . .. Mayor Whelchel declared the public hearing open. R. Dunin appeared before the City Council on behalf.of his appeal from a denial by the Planning Commission of requested rezoning: He stated that he and his partner have reviewed many of the protests to the requested rezoning since the denial by the Planning Commission and.have found that-many false stories were put out as to what was being planned for the property. - He continued that he plans to build six, eight -unit apartment buildings for a total of 48 units on his property which would include landscaping and off street parking. He stated -that any units less than this number would make the project uneconomical for development. He stated he and his partner would be most happy to share in the cost for the extension of the sewer line, but only if the City or the property owners across the street would pay the other half. He stated that his development was not large enough to warrant the full cost of the sewer extension. J. Summers, contractor for R. Dunin and John Fairweather, presented a plot plan 7 the proposed apartment development for 48 units on this property: He - stated. that the development would consist of six buildings with eight units each. Councilman Blake stated that the question before the Council was not what the buildings would look like but what the zoning will allow if the appeal-is upheld based on the allowed uses in the R -H zone. Mrs. Maude Hawkins, 565 Ellen Way, presented to the City Council a petition signed by 37 of her neighbors on Hathway Street and Ellen Way objecting to the requested rezoning as they felt that the area was a.good residential area and:felt that an apartment development would downgrade the neighborhood. They urged the.denial of the requested rezoning. City Council Minutes February 17, 1969 Page 5 She continued that she and her:neighbors were quite disturbed about the number of cars that an apartment development of this size would create. Mr. Shea, 533 Hathway, objected to the-City Council on the proposed development of 48 or 64 apartments of this property due to the traffic and the downgrading of the neighborhood. Mayor Whelchel declared the public hearing closed. Councilman Gallagher stated that he felt the original approval of the planned development for this property which was for 32 apartment units 'seemed satisfactory and would not overcrowd the lot or the neighborhood, but felt anything more than this would be a detriment. R. Dunin told the City Council that if they do not approve this rezoning and allow the 48 units as requested he would drop the project. Anything less than 48 units would be uneconomical.. R. Dunin then present letters from Mrs. Mary 0. Hill - Mrs. Margaret L. Dubin - J. G. Carothers - Mr. & Mrs. Evrett Lane - Mr. & Mrs. Gene Greer - Chester 0. Bishop - Pete S. Lopez - Irene and Dave Horner and Edward Grenall, supporting the development by Mr. Dunin. Councilman Miller stated that he felt in order for this property to be developed it must be developed to a higher density and he would support the appeal for rezoning in order to make use of the land. Councilman Blake-reminded the City Council that:if the rezoning were�Allowed, the property owner could build 68 apartment units on the property, and therefore, he would support the action of the Planning Commission in denying the request. Mayor Whelchel stated he would be' opposed to rezoning to R -H, not that he felt 48 units would be too extensive, but he felt that the R -H zoning would allow other undesirable uses: He'felt he could go ilbng.with a planned development for 48 apartment units. On motion of Councilman Blake, seconded by Councilman Gallagher, the appeal was denied. Motion carried. Councilman Miller voting no. 6. At this time the City Council held a public hearing on Resolution No. 1901, a resolution requiring sidewalk.improvements on portions of various streets in the City of San Luis Obispo. (320 -390 California Boulevard) The City Clerk read the list of properties and owners involved and the work to be accomplished. The City Clerk read a letter from George Bushong, dba Bushong's California Park Grocery, asking that careful study be given to the installation of sidewalk on his property at 390 California Boulevard so that he will not lose parking so desper- ately needed :fot "..this type of business. He stated that he had contacted representative of Cal Toly and they are agreeable to changes being made that will-still allow him the bigger part of his parking area. Mayor Whelchel declared the public hearing open. D. -F. Romero, City Engineer, presented a sketch of'the work to be accomplished under Resolution No. 1901. No one appeared before the City Council. Mayor Whelchel declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1914, a resolution determining that public convenience and necessity require construction of certain improvements. City Council Minutes February 17, 1969 Page 6 Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, C1e11'W. Whelchel NOES: None ABSENT: None On motion of Councilman Blake, seconded by Councilman Spring, the request of. California Park Grocery for adjustment.in the sidewalk - requirement for-off street-parking was referred to the Traffic Committee for recommendation to the City Council. Motion carried. 7. At this time the City Council held a public - hearing on the recommendation of the Planning Commission to amend the Municipal Code, Zoning Regulations". to reduce density requirements of the R -2 District from 1 unit per 3,000 square feet,of'land area, to one dwelling unit per each 2,700 square feet of".land area•pius one dwell- ing unit per each remaining area of less than 2,700 square feet and more than 1,350 square feet. . Mayor Whelchel declared the public hearing open. No one appeareA before the City Council. Mayor Whelchel declared the public hearing closed. On motion of Councilman Gallagher, seconded. by Councilman Spring, the following ordinance was introduced. Ordinance No. 446, an ordinance amending -the. zoning ordinance to reduce the density requirements in -the R -2 District. „ Passed to print on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel . NOES: None ABSENT: None 8. At this time the City Council held a public.hearing.on the recommends. . the Planning Commission to amend the Subdivision Ordinance to-requite all public utilities to be placed underground in future residential and commercial subdivisions. R. D. Young, Planning Director, explained the provisions of the amendment as rec- ommended by the Planning Commission to the City Council. Mayor Whelchel declared the public hearing open. No one appeared before the City Council. Mayor Whelchel declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Miller, the following ordi- nance was introduced. Ordinance No. 445, an ordinance amending the Subdivision Ordinance to require all utilities within future residential or commercial sub division to be installed underground. Passed to print on the following roll call.vote: AYES: Emmons Blake, Frank Gallagher,.;Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None. ABSENT: None City Council Minutes February U, 1969 Page 7 9. Councilman Spring brought to the Council's attention the matter of the size of the culvert on Madonna Road at.the Laguna Lake outlet and wondered if the City would now be put on notice and liable for damages if future rains caused flooding. He continued that this outlet was running completely full during the rains and had backed up into the lake and the adjacent residential streets. D. F. Romero, City Engineer, explained that-the streets in the Laguna Lake sub- ' divisions north of Madonna Road had been designed to flood during peak storms. He agreed that the structure under Madonna Road should be enlarged some time but felt that the practical time to do this was in conjunction with development of the Dalido property south of Madonna Road when the downstream channel could be improved at the same time, thus providing a balanced system. He p6inted out several other areas in the community where drainage problems were more.critical. D. F. Romero explained to the City Council that the-Corps of Engineers had moved in and were actively working on the drainage channel-south of Madonna Road and east of Oceanaire to provide emergency protection for properties experiencing serious bank erosion. He explained that the plan was to provide temporary pro- tection at this time with a more permanent job late in the spring when discharge from the lake could be better controlled. 10. D. F. Romero, City Engineer, reported the damage to the Madonna Road Shopping Center during the rain storm which occurred due to the plugging of the entrance and lack of capacity for the three small corrugated metal pipes across the Madonna entrance road and across Madonna Road. He stated that with the,::possibility of future extensive damage to the shopping center and the likelihood of a major widening improvement to the street during the summer of 1969, it would appear prudent for the City to consider enlarging the drainage facilities as part of the street-widening. ' He continued that he had contacted the State and was informed by the Division of Highways that they disclaim any responsibility for enlarging these drainage facilities, since the drainage system was.inadequate prior to the start of the State work. D. F. Romero estimated that the cost of -the drainage work would be approximately $40,000. After discussion by the Council, it was moved by Councilman Blake, seconded by Councilman Spring, that the City Engineer be authorized to proceed with the plans and specifications for improvements to the drainage facilities on Madonna Road, using gas tax funds. Motion carried. 11. D. F. Romero, City Engineer, presented a plan for the lighting of a portion of the Mission Plaza,,which involved the placing of one pole- top-mounted light at the rear of the Cornet Store, one pole -top mounted light along side the walkway leading from the parking lot to the Cigar-Factory bridge, and the installation of a street light on:an existing wooden pole on Broad Street. He estimated that the City's cost would be $53 to P.G.&E. and City cost in-trenching and backfilling conduit lines and excavating and pouring the light standard bases. After instal- lation the lights would be included in the street light monthly billing at a cost of $127 per year for the three lights. He continued that, should there be a modification in the Mission Plaza, the lights. could be salvaged with the only loss being conduit and light bases. ' On motion of Councilman Gallagher, second Spring, the by Councilman Sprin the recommendation was approved.and the City Engineer was authorized to proceed. Motion carried. 12. Communication from the Housing Authority requesting an additional loan from the City to keep the Authority solvent until they receive a grant from the federal government was continued at the request of the Housing Authority. 13. Communication from the Housing Authority requesting the City Council to allow them to use several unused chairs from the City Recreation Building was approved on motion of Councilman Gallagher, seconded by Councilman Miller. • City Council Minutes February 17, 1969 Page 8 14. On motion of Councilman Blake, seconded by-Councilman Miller, the following resolution was introduced. Resolution No. 19129-a resolution increasing the 1968 -69 Budget. (Increase Account No. 8 Capital'Outlay - Chorro Street Sewer Line by $3,129.37, and increase Account No. 227 Water - Refunds by $1,000.00) Passed and adopted on the following roll.call vote. AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring.' Donald Q. Miller, Clell W. Whelchel. NOES: None ABSENT: None 15. On motion of Councilman Spring, seconded by Councilman Gallagher, the follow- ing resolution was introduced. Resolution No. 1913,,a resolution increasing.the 1968 -69 Budget. (Account No. 211.16 Sherwood Inspection Fees (375) be set up in the Engineering Budget and $1,080 added to the budget and the Unbudgeted Reserve be decreased by $1,080) Passed and adopted on the following roll.call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 16. On motion of Councilman Gallagher, seconded by Councilman Miller, the follow- ing ordinance was introduced for final passage. Ordinance N&440, an ordinance amending the San Luis Obispo Municipal Code to establish a building setback line on Higuera Street from Prado Road to the southerly City limits. Finally passed on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 17. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced for final passage. Ordinance No. 441, an ordinance amending the San Luis Obispo Municipal Code to establish a building setback.line on Santa Rosa Street from Monterey Street to Marsh Street: Finally passed on the following roll call vote: AYES: Emmons Blake, Frank Gallagher,.Arthur F. Spring .Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 18. On motion of Councilman Gallagher, seconded by Councilman Miller, the follow- ing ordinance was introduced for final passage. .Ordinance No. 442, an ordinance amending the Municipal Code to establish a thirty -five MPH speed limit on Madonna Road from Higuera Street to two hundred•.feet west of Calle Joaquin. Finally passed on the following roll.call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None City Council Minutes February 17, 1969 Page 9 19. On motion of CouncilmanLMiller, seconded by.Councilman Gallagher, the follow- ing ordinance was introduced for final passage. Ordinance No. 443, an ordinance._ establishing a maximum gross weight limit on Royal Way. Finally passed on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchei NOES: None ABSENT: None 20. Consideration of the agreement between the City, the County and the County Superintendent of Schools regarding the 1969 City - School District Election was continued. 21. On motion of Councilman Miller, seconded by Councilman Gallagher, the follow- ing salary step increases were approved. Motion carried. Bourne, Thomas I. - Maintenance Man II From Step 1 or $455 to Step 2 or $480 Hall, Judith A. - Dispatcher Clerk From Step 1 or $385 to Step 2 or $405 22. Communication from the City Clerk on the results of the questionaire sent out to merchants doing business on Higuera Street between Broad and Chorro Street on the request of the National Store that the four twenty -four minute time limit spaces on the north side of Higuera Street, west of Chorro be replaced with two - hour limit meters. 15 - Approve of proposal 8 Disapprove of proposal 2 - No comment 2 - Other The City Council discussed the proposal to change.the parking meter time limits as requested by the National Store. On motion of Councilman Gallagher, seconded by Councilman Miller, the following resolution was introduced. Resolution No..1915, a resolution establishing seven, 36 minute time.limit spaces on Higuera Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur.F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 23. Communication from Dr. H. A. Zeverly requesting use of sick leave in excess of five days for Fireman Don Burns who is-suffering from an acute ulcer. On motion of Councilman Gallagher, seconded by Councilman Spring, the request was approved. 24. H. Johnson, City Attorney, reported to the City Council that the City Housing Authority had requested that'he continue to act.as attorney for the Authority. He continued he did not feel this would interfere with "his City.responsibilities as the Authority meetings were at night and he would see to it that it did not con- flict with City duties. On motion of Councilman Gallagher, seconded by Councilman Spring, H. Johnson was given Council permission to continue to act as attorney for the City Housing Authority.