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HomeMy WebLinkAbout12/30/1963SPECIAL MEETING OF THE CITY COUNCIL December 30, 1963 - 7:30 P.M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Miss Margaret McNeil, R. L. Graves, Jr., Clay P. Davidson Absent: Donald Q. Miller, Clell W. Whelchel city Staff Present: Peter Chapman, Planning Director; J. H. Fitzpatrick, City Clerk; W. E. Flory, Superintendent of Parks & Recreation; Wm. WE Houser, Jr. , City Attorney; Richard D. Miller, Administrative Officer; obert I. Vosburgh, Supervising Design Engineer; Lee M. Schlobohm, Fire Chief; and W. E. Schofield, Police Chief. 1. On motion of Councilman Graves, seconded by Councilwoman McNeil, the following Resolution was introduced=. OLUTION NO. 1225 (1963 Serves , creating a Select Road Fund and appropriating monies for road purposes, as authorized by S. B. 344 (Account Numbers 261.1 and 261.2) Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, P. L. Graves, Jr., Clay P. Davidson NOES: None ABSENT: Donald Q. Miller, Clell 7.1. "Ihelchel 2. On motion of Councilman Graves, seconded by Councilwoman NicNeil, the Mayor was authorized to accept and recor covenant from Claude J. Sillimn remove a free standing sign from the City's setback area if and when requested to do so by the City. 3. Complaint by John Foss, architect, on the new policy of the Building Department, re- quiring detailed schematic layouts of pines, etc. on all new building plans. Peter Chapman, Planning Director, reported to the Cit;l Council that the complaint of Mr. icoss regarding die requirement of schematic layouts of pipes, etc. on all nevi building plans was a misunderstanding between Mr. loss and the Building Departmem as all that was requested by the Building Departmenx was that the water ser,, lo- cations be spotted on the plans. 4. The proposal of Fred L. Gist for professional appraisal services on prope? !.ocated 1071 Orcutt goad was approved on motion of Councilman Graves, seconded Council- woman ivlcNeil. 5. On motion of Councilman Graves, seconded by Councilwoman McNeil, the folln,ving Resolution was introduced. LUTION NO. 1231 (1963 Serves ,a lResolr!ioa of In- r ^ntian to Abandon Portions of Third and Monarch Streets. Passed and adopted on the following roll call vote: AYES: Miss i%la.rgaret McNeil, R. L. Graves, Jr., Clay P. Davi.",:cn NOES: None ABSENT: Donald Miller, Clell W. I.Thelchel 6. Discussion by the City Council on the recommendation of the City Engineer on -i,e adoption of uniform improvement standards in the City. J. H. Fitzpatrick, City Clerk, reported that the City Engineer had requested that the ' Council hold over any discussion on adoption of uniforr_,, improvement standards until he has had an opportunity to meet with the Council on this matter. 7. Consideration of modification of Fire Zone Map. Fire CWef.Lee Schlobohm presented to the City Council the Fire Zone Map of the City and requeste t t ie ouncil amend the Fire Zone Map for various portions of the City. He explained the reasons for up- dating the map, which would include all the new neighborhood shopping centers in the Fire Zone U classification. Minutes - bpeciai lvieeting December 30, 1963 Page 2 On motion of Councilman Graves, seconded by Councilwoman McNeil, the following Ordinance was introduce r2 ANCI; NO. 278 (163 weries , mending Section 3140.1 of the San Luis Obispo Municipal Code, to amend the Fire Zone Map. Introduced and Passed to Print on the followimy roll call vote: AYES: Miss IJargaret McNeil, R. L. Graves, Jr., Clay P. Davidson NOES: None ABSENT: Donald C. N?iller, Clell IN. 7.1helchel 8. Communication from the Fire Chief requesting Council approval of building demolition by burning . The following request by Fire Chief Schlobohm was presented to the City Council: "Following discussions with the A&r idetrative Officer, the Planning Director and the City Attorney, it is requested that the above subject be placed on the Decea. ber 16 agenda for City Council consideration. "The request for Council approval is being made so that the Fire Department may know how to proceed in cases where they have been asked by property owners to assist in burning of buildings required to be demolished. "Upon advice of the City attorney, it is recommended that if the Council decides such assistance by the Fire Department will result in benefit to the City, and to the City's program of upgrading living accommodations, that the contract agreement which the property owner must sign to secure the Fire Department's participation include the following conditions: 1. That the property owner make a deposit with the Ci y Clerk of cash, bond, or certified check in an amount which, in the opinion of the Fire Chief, is sufficient to cover all costs of burning, and removal of debris from the premises. 2. That the property owner furnish the City Clerk: with a document whic"r : ,ill guarantee to hold the City harmless as regards liability for damage to adjoining pr,.,.erty. ' 3. That she property owner agree that any basements, cellars, or foundation holes considered to be a hazard to children are to be filled with suitable material by .he City, costs to be a part of the project. 4. That the work be done by off -duty Fire Department personne, paid on an overtime basis at an equitable rate of pay. 5. That in the event the amount deposited is in excess of actual :,.osts, the difference would be refunded to the property owner. "In return, the agreement would provide an estimate of total cost, and state that the deposit with the City covers cost of clearing the property of all debris exr,_ . trees, shrubs, fences in good condition, and concrete foundations. " Fire Chief Schlobohm requested that this recommendation be approved at leas on a trial basis. Councilman Graves suggested that a seven day notice to property owners and occupants within 300 feet o e proposed building to be burned should be notified of the ..:tendek_ burning, in case they wished to protest or request additional protection. Mayor Davidson stated that he believed this was an extremely dangerous method of re- moving ord structures due to flying embers, etc. ' Peter Chapman, Planning Cirector, urged that the City Council approve this recom- mendation as it was the most economical way of removing old dilapidated structures any: that if this method was not allowed, many property owners would not remove the old buildings as demolition by contract would run about five times the cost of burning. He urged that approval be given, at least for a trial period. On motion of Councilman Graves, seconded by Councilwoman McNeil, the request was approved, subject to the con - RME on that all property owners be notifie- seven days be- fore the burning, and also notify occupants within 300 feet. Niation carried. 1VJy11W.ca - v�n..�.aaa ..a..v�a..b December 30, 1963 Page 3 9. The request from Tony Sylvester to the City Council asldng if the City desires to lease the Laguna Lake property for cattle grazing was referred to the Parks and Recreation Commission for investigation and report. 10. On motion of Councilman Graves, seconded by Councilwoman McNeil, the City Clerk was authorized to call for i s or lease of land for storage purposes at the reservoir on the west side of Highway 101. Bids to be opened January 20, 196-4. 11. Communication from the Administrative Officer requesting Council authorization for the preparation of the annual salary survey as required under the City Charter. Request was approved on motion of Councilman Graves, seconded by Councilwoman McNeil. 12. Communication from Administrative Officer requesting authorization to apply for a population estimate by the State Department of Finance for March, 1964. Request was approved on motion of Councilman Graves, seconded by Councilwoman McNeil. 13. Communication from County - Health Inspector requesting permission to hold a Rabies Clinic in the City Hall Farling Lot on January 19, .1964 between 1 :00 and 3:00 P. M. Permission was granted on motion of Councilman Graves, seconded by Councilwoman McNeil. 14. Communication from Ray C. Skinner requesting City acceptance of the off -site improve- ments in Tract 279 was ordered held over according to Council policy for report by David Romero, City Engineer. 15. Communication from the City Planning Commissicn regarding tentative map of Tract No. 277, E1 Cerrito Tract. The City Clerk, J. H. Fitzpatrici: , reported that the City Engineer had requested this matter be held over to a next meeting so that he could have an opportunity to me with the Council regarding this item. 16. Discussion regarding proposed Sign Ordinance. The following communication was received from the City Planning Commission: "A subcommittee of the Planning Commission prepared a draft of a new Fi - -. ordinance in November. This was discussed with representatives of the sign indu&: and local. businessmen at an informal meeting. It was not possible to reach agreer c:nt and this was reported to the Planning Commission. A number of changes were m ^rl, by the Commission and the enclosed draft represents their latest thinidng. The s bn indu; •r.ry still has a number of major objections and has asked that public hearings he deferred until they can present their own version of a sign ordinance sometime in January. "Meanwhile, the Commission would welcome an informal meeting with the �_ -Uncil ;c. discuss this ordinance and invite the Council to attend their study session at / :30 p. in. on January 14, 1964. " Peter Chapman, Planning Director, appeared before the Council and explained the reason he suggested that the Council and Planning Commission should go to *lie City of Palo Alto to inspect the signs in that city, under their ordinance prohibiting ;:rojecti.ng signs. Mr. Carlos Moerman, City Neon, appeared before the Council objecting to City officers an officia s going to Palo Alto to see how they handle their sign problems. He also objected to the expenditure of any public funds for such a Council trip. Councilman Graves stated that possibly an informational trip of this type would be in- valuable to a ity Council and Planning Commission as they would see the result of this type of pmohibitive ordinance first -hand. Councilwoman McNeil agreed that an inspection trip of this type would be extremely informative. 1 1 G mmmutes - bpeciai iveeung December 30, 1963 Page 4 Mayor Davidson stated that a trip of this type would be very informative, not only for the Council; finning Commission and City staff, but also for businessmen in the community, who are financially involved in signs and it also would be informative for representatives of the sign industry. Mr. Moerman again objected to the City Council going to Palo Alto as he stated that this city pro ' 'ts projecting signs and this is the regulation that the local sign in- dustry objects to. idir. Moerman stated that if the City goes to Palo Alto, which has such a restrictive sign ordinance, then the City should also visit a city with the other extreme, which allows all types of signs, and he suggested that a Council visit to Las Vegas would be very educational. The City Council discussed the time of the inspection trip and whether it should be made prior to the study of the proposed ordinance, so that the local Chamber repre- sentatives and City representatives could see what the prohibitive type of ordinance looked like in action. Councilman Graves suggested that the trip be held on a Saturday, either January 11 or January 18, prrice the public hearing on the ordinance. The City Council and Pla:mirg Commissio:i* will hold a joint meeting on the sign ordi- nance on January 28, 196^, and Administrative Officer Richard Miller and Planning Director Peter Chapman were instructed to arrange the inspection trip by the City Council, Planning Commission, business representatives and representatives of the sign industry, to visit Palo Alto and San Jose on either Saturday, January 11, 1964 or ,.. Saturday, January 18, 1964. 17. The following report regarding the rezoning of Lots 90 and 91 outside the City of San Luis Obispo, was presented by the Planning Director: 'The County Planning Commission on December 11th approved the rezoning of approxi- mately 12 acres for a Young's h/larket and Shopping Center on Broad Street, adjoining the city limits at the former PCRP. right of way. This is approximately 1 mile south of Orcutt Road. The City Planning Commission strongly objected to this rezoning, but in spite of protests by Chairman Schwartz and myself at two public hearings, the application was approved. The Board of :supervisors will hold a public hearing on this mater on January 27th and the Commission invite the Council to support a further pro- test at this time. "Young Brothers propose to build a large market similar to their building in Arroyo Grande as the first step; and add drug, variety, barber and beauty stores at a later date. This would create a "neighborhood shopping center. " It would serf :,sly inte-: - fere with the city's General Plan, being located in an industrially planned area and i.- away from any existing or planned residential development. The effect or. the in- dustrial area and other shopping centers which have been carefully plan,: ' by the city could be very serious. In addition the Commission feel that no changes should be made to the General Plan until the recommendations of the current Action Program Study have been received. " Kenneth Schwartz, Chairman of the Planning Commission, appeared before Cile City Council an exp med that this proposed rezoning to commercial by the Counrq of San Luis Obispo, just outside the City limits was in direct oppositior to the Gen -:-al Plan which has been approved by the City Planning Commission and Council, and by the County Planning Commission and Board of Supervisors. Mr. Schwartz stated that if this rezoning were allowed, it would scuttle the General Plan, as adopted. ?'e con- tinued that this proposal is being approved by the County Planning Commissi.- i without due consideration to the City of San Luis Cbispo's neighborhood concept, as c .Unf in the General Plan. Further, the proposed shopping center was in the wrong zone, which could hurt the City's future industrial growth which, in turn, would affect the tax base and would still not be a real benefit to the area. Mr. Roy Garcia appeared before the Council stating that he was in favor of the develop meat of a sopping center as approved by the County Planning Commission, as he be- lieved that this shopping center would add competition to the stores inside the City, which would result in economic benefit to the citizens living both inside and outside the City of San Luis Obispo, Further, he believed that a shopping center in this area would serve the people living in the valley east of the City which is presently de- veloping at a rapid rate. He also stated that he believed the City's General Plan is wrong in showing this area as being for industrial development, as in the three years it has been so zoned, no industry has attempted to settle in the area. - v December 30, 1963 Page 5 Councilman Graves agreed with Planning Commission Chairman Schwartz that the pro- posed shopping center development is in the wrong area for this type of development, mainly on the basis that it violates the basic concept of the General Plan and he urged that the City Council go on record as objecting to the hoard of Supervisors for the re- zoning of this property to commercial for the establishment of a shopping center. Mir. W. Gugliemelli appeared before the Council, urging that the Council not protest to the ounty oar of Supervisors the approval of the shopping center on Broad Street for Young Brothers. On motion of Councilman Graves, seconded by Councilwoman MacNeil, the following Resolution was introduced: I�SCLUTION NO. 1232 (1963 Senes ,testing the re- zoning of 12 acres on Broad street for neighborhood shopping purposes. Passed and adopted on the following roll call vote: AYES: Miss Margaret TAcNeil, R. L. Graves, ;r. , Clay P. Davidson NOES: None ABSENT: - Donald Q. Miller, Clell 77. V.7helchel 18. The following communication was received from the Planning Director regarding the Higuera Street tree planting plan: "The staff have selected locations for 69 trees on Hie era Street between Santa Rosa and Nipomo Streets. In addition one tree in a parking lot planter on Higuera Street and a tree at 964 Chorro Street will bring the total up to 71. The trees recommended in the downtown street tree list can be obtained for these locations. We would like the Council's approval to advertise for bids for this tree planting project." William Flory, Park and recreation Superintendent, stated that trees to be planted on Fffg—uera Street would be Indian Laurels. which would be about the same size when planted as the trees planted on Chorro :Street. Peter Chapman, Planning Director, then presented a map showing the approximate ocation of -e–ac-b tree on Higuera Street from Santa Rosa to Nipomo. 71 trees are ..a- volved and the plan is to call for bids for the preparation of the holes and the covers, ' and the Park Department would then plant the trees. Mr. Chapman stated that the cost of preparation would be between $7, 000.00 and $8, 000. 00, and that the purchase and planting of the trees would cost $46.00 per tree, or approximately $3, 300. 00. Mr. Carlos i0oerman, City Neon, appeared before the Council and reminded them that they sffo_uTffep in mind that these trees, when fully grown, could b: - overing up some of the signs that the merchants have paid a good price for and wished to use th° signs to advertise their locations. On motion of Councilman Graves, seconded by Councilwoman N;CNeil, the Planning Director was authorized to prepare plans and specifications for preparation of the holes and covers, and also for purchase of the trees. Wation carried. On motion of Councilman Graves, seconded by Councilwoman MacNeil, the following Resolution was introduced: 0LU£ION NO. 1229 (1963 Series , Tlaking adiust- ments in the 1963 -64 Budget (increasir_o Account No. 24.0. 13, PI &B - Tree P- .>;,rra.m, by $8,000.00). Passed and adopted on the following roll call vote: AYES: Miss Margaret AcNeil, R. L. Graves, Jr., Clay P. Davidson NOES: None ABSENT: Donald 0.. iviiller, Clell W. Ulhelchel ' 19. Peter Chapman, Planning Director, presented sketches of the proposed planter and bench area on the Higuera Street crosswalk for the Council's consideration. The City Council discussed various aspects of the proposal with itir. Chapman, particularly the corners of this planter area to allow easier access of cars in and out at both ends of the planter. On motion of Councilman Graves, seconded by Councilwoman McNeil, the Planning Director was authorized to prepare cost estimates and plans tfor He—Council's con- sideration. 1 1 1 ivunu[es - : Peciai rueeung December 30, 1963 Page 6 20. Peter Chapman, Planning Director, then presented sketches and cost estimates of signs a wo suggest be placed in the City Parking Lots, which would be smaller and in a more historic motif. The signs, as presented, range in cost from a low of $75.00 to a high of $300.00, depending upon material and wor'l raaship. 21. Communication from Warren ginsheimer, , Chairman of the Land Acquisition Subcom- mittee of the Mission za oHu —maee, regarding the purchase of property located at the comer of Broad and Monterey Streets, presently available through a probate sale, was referred to the City Attorney. 22. Notice from the Fish and Game Commission that a public hearing will be held on the 24th of January, 1964 at 5 :00 P.N. on whether the Commission should order the plant- ing of fish in the Whale Rock Reservoir, was ordered received and filed. 23. For the Council's information, the following claims were filed against the City: a. Mary Vlasaty, personal injury, sidewalk $5,321.00 b. James Vlasatq, personal injury, sidewalk 5,236.00 c. V7ard G. Parizek, property damage to automobile Notice of claims was ordered received and filed. 24. Copy of communication to Councilman 'Miller from Eloise Tudor regarding the Mission Plaza development was ordered received and filed. On motion of Councilman Graves, seconded by Councilwoman McNeil, the meeting adjourned at 10:0 P.M. Approved: January 20, 1964 kd e�J. H. FrTZPATRICK, CITY CLERK