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HomeMy WebLinkAbout07/20/195918 0 �3UL 2 0 1959 COUNCIL MINUTES July 20, 1959 - 7:30 PM The City Council met in regular session with Mayor Fred M. Waters presiding.. Roll Call: Present - Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters Absent: - None Minutes of the meeting on July 6,1959 were approved subject to correction on Page 7, roll call vote for Resolution No. 569 (1959 Series). Claims against the City for the month of July, 1959 were approved subject to approval by the City Administrative Officer, on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey. COMMUNICATIONS 1. Communication from the Anchor Insurance Service, requesting that time limit parking be placed on Santa Rosa Street between Mill and Palm Streets was referred to the Traffic Committee. 2. Petition from the residents of the upper Richland Terrace and Goldtree residen- tial areas, requesting some landscaping on the new Terrace Hill Tank. Communication from R. D. Miller regarding landscaping of the Terrace Hill Tank. Council Committee (Councilmen Shipsey & Smith) appointed, with Price Thompson, Water Superintendent, to investigate and report. 3. Communication from the Board of Supervisors regarding the request of the State, Dept. of Fish and Game, regarding the development of the Whale Rock Project reservoir to recreational development, was held for study. 4. Communication from the San Luis Obispo City Schools requesting consideration for additional night patrol by the City Police at the various school sites in the City. Police Chief to work out a solution with the school department. 5. Communication from Kirkbride. Wilson, Harzfeld & Wallace, Special Assessment Attorneys, enclosing a fee agreement for services in regard to assessment projects was referred to William Houser, City Attorney, to cnntact assess- ment attorneys for clarification in proposal. Also, proposal from Whipple eer's services regarding to furnish Civil Engin- Mr. Miller, Administrative Officer, and Mr. Romero, City Engineer, recommended that the proposal be adopted. Proposal was accepted on motion of Kenneth W. Jones and Gerald W. Shipsey. 6. Richard D. Miller, Administrative Officer, announced the appointment of Ernest Knowles, Laborer - Equipment Operator, effective July 20, 1959 at $312 /month. Also announced was the appointment of Donald D. Wraa, Laborer - Equipment Operator effective July 20, 1959 at $312 per month. 8:00 P. M. - PUBLIC HEARINGS ORDINANCE 123 Mayor Waters announced the hearing open on Ordinance No. 123 (1959 Series), "An Ordinance Amending Section 9200.5 to Rezone From R -1 to R -3 Property On California Boulevard" (Southern California Automobile Club) There being no protests, Ordinance No. 123 was finally passed and adopted on motion of J. Barry Smith, seconded by Gerald W. Shipsey on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None 1 1 1 JUL G U 1`15'd 181 APPEAL OF E. L. O'REILLY Appeal of E. L. O'Reilly from the decision of the Planning Commission. denying his request for change in zoning of the following described property from R -3 to C -2: 1600 -1700 block, Monterey Street. Mr. Fraser, Planning Director, presented to the City Council the studies and considerations made by the Planning Commission when this matter was first pre- sented and subsequently denied by the Planning Commission. 1 The City Clerk read the Planning Commission minutes of the June 2 meeting, regarding the requested rezoning to C -2 in the request of Mr. O'Reilly. Mr. O'Reilly requested permission for his engineer, Bob Williams, to pre- sent plot plans regarding his proposed development of the R -3 area to C -2. Mr. Williams presented a plan of the area showing the present zoning and how it was impossible to develop as R -3 property, due to topography, etc. Mr. Williams also presented a series of pictures of the area showing present uses of the property. rr Mr. Jack Fisher appeared before the City Council urging the rezoning and proper:. Bdevelopment and full utilization of the property. Mr. Courtney Moore, Motel Inn owner, appeared on behalf of the requested rezoning, stating that the development.of a recreational area in this location would help all the motels, bars and restaurants in the area, as the recreational area would carry a full program in the winter months, and the motel operators in this area would benefit from such use. Mr. Churkk Elston appeared before the Council urging that the Council concur in the recommendation of the Planning Commission and maintain the $L-3 zone between the commercial area and the R -1 area in the Escuela A1ta.Tract. Ed Johnson appeared before the City Council and urged that the R -3 buffer zone not be changed to commercial, and that the Planning Commission be upheld in this decision. Mr. George Drumm urged the Council to make no-changes in the present zoning and that the R -3 zone be maintained as a buffer. David Duncanson urged that no change be made in the zoning in this area. Miles Fitzgerald appeared before the City Council urging that no change in zoning be made and that Higuera Street not be opened as the additional traffic on Higuera Street would be detrimental to theproperty owners and un th the rail- road crossing closed at Higuera Street, a great amount of congestion would be added on this street. Aaron Forte urged that no change in zoning be made as the noise from the present C -2 area is quite annoying. Mr. Jack Fisher again appeared before the Council urging the rezoning be allowed so this property could be properl: developed. Mr. O'Reilly appeared before the.Council stating that at the time the Safeway property was rezoned, the Council at that time stated that San Luis Creek was a' sufficient buffer between the commercial and residential zones. Margaret Jorgenson urged that the R -3 zoning not be changed so that a buffer zone would be maintained between the high class residential and the commercial area. The Mayor declared a five minute recess at 9:15 P.M. The meeting reconvened at 9:20 P. M. The Council asked Mr. O'Reilly if any master plan had been developed for the recreational development of this property. rJUL 2 0 f959 Mr. O'Reilly answered that he would not spend any money for master.plans as he did not know at this time if the rezoning would be allowed and he did not wish to have money tied up in master plans if the area could not be used. Mr. Orton, representing the bowling alley interests, stated that the alley could be built on the property presently zoned E -2, butthat they cannot use the R -3 area for parking without a use permit and the people that had protested the C -2 stated they would not allow the -R -3 to be used as parking. Councilman Miller asked Mr. O'Reilly what were his plans regarding the use of Higuera Street. Mr. O'Reilly stated that Higuera Street would not be extended through his property, but that an entrance would be made here to allow egress and ingress to the recreational area. Councilman Miller asked Mr. Fraser when the property was rezoned for Safeway, was the C -2 zoned to San Luis creek. Planning Director Fraser say yes, but the property.on the other side of the creek was zoned R -2 and R -3. Councilman Miller asked Mr. Fraser when the zone was changed for the Southwood Shopping center,was a butter zone required by the planning commission between the C -1 and R -1. Planning Director said after several comments, no. On motion of Gerald W. Shipsey, seconded by J. Barry Smith, that the appeal of E. L. O'Reilly be denied. Motion carried. APPEAL GEORGE H. WHITE Appeal of George H. White from the decision of the Planning Commission deny- ing his request for change in zoning of the following described property from R -4 to C -2: Both sides of Marsh Street from Johnson Avenue to Pepper Street. Mr. Fraser, Planning Director, explained for the Council's information the studies made by the Planning Commission and considerations in denying this requested rezoning. City Clerk read the minutes of the Planning Commission of June 2, 1959 re- garding the proposed rezoning. Mr. Herb Grundell, Attorney, appeared before the City Council on behalf of the petitioner, George White, stating that his client had been offered an opportunity to sell his property at a good price to an oil company for construction of a super service station on this corner,-and that the sale was contingent upon the rezoning to commercial. , Mr. Grundell reviewed for the Council the past uses of the City of rezoning to commercial in the immediate vicinity and that the former master land use plan of the city had shown all the property to the rear of Pepper Street to be commercial. Further, the majority of the homes in this area while well kept, were all forty years old and they ultimately would have to be replaced. He doubted the present owners would.find it practical to replace these buildings with single family dwellings. Mr. Grundell presented a communication from the city giving traffic counts at the corner of Marsh and Johnson Avenue, and the assessed values in Block 10, Central Addition. Mr. Grundell further stated that business was definitely moving north on Marsh Street and-that the growth of the City required this area to be commercial. H. H. Schneider, 1356 Marsh Street, objected to the rezoning on the following reasons: (1) Majority of residents and owners were aginst the rezoning. (2) The rezoning would only help one person. (3) The residents were not against progress and they did not object when the original change was made from R -2 to R -4. (4) This is a better kept area of the City. (5) This consistent of spot rezoning. (6) The area across from Safeway had been rezoned C -2 and it was still w nnotdeveloped to this date. JUL 2 0 1.959 133. (7) He and two neighbors did not wish to live in a commercial area and wished to keep their gardens and trees. (8) He disagreed with Mr. Grundell as it was only logical that the area was zoned commercial and the value would increase and the tax increase would follow. He urged the Council to make no change in zoning. Mr. Joe Berkemeyer requested that this area not be zoned commercial as he and his neighbors had lived here over forty years and would like to live their lives out in these residences. Mrs. Dart objected to the construction of a service station adjacent to her property because of lights, noise and potential fire hazard. Mrs. Throop-stated she did not wish a service station adjacent her house because of noise, etc. Mr. Schneider stated that a new service station had been constructed at Pepper and Monterey Street, and he could not see why a new station was needed at Marsh and Johnson. �°- Louise Coburn, Realtor; stated that an option had been made on this property CZ and that the rezoning is not being requested for speculation. M QMr. Fraser, Planning Director; explained the Planning Commission's position ..� in studies made in arriving at the decision to deny the rezoning. Councilman Miller asked Mr. Houser if the city could be taken to court as the property diagonally across the street has been zoned C -2 and the other three corners are zoned R. Could the court force commercial on the four . corners. Mr. Houser, City Attorney, stated that he did not believe that the court could do this on this basis and gave-.,several examples for the Council's information. ' At this time the Mayor'declared a five minute recess at 10:20 pm. The meeting reconvened at 10:27 pm and the Mayor stated that he believed that all parties in this matter had been heard and he was sure that both sides were sincere in their beliefs, but that the.City Councilhad sufficient information to make a decision. Councilman Shipsey moved that the appeal of the Planning Commission decision be denied. There being no second, the motion was lost. Councilman Jones moved that the matter should be referred back to the Planning Commission for a study of the entire area from Monterey Street to the block between Marsh and Pacific and from Johnson Avenue.to the rail- road. Motion was seconded by J. Barry Smith. Councilman Jones called for a roll call vote: AYES: Kenneth W. Jones, J: Barry Smith, Fred M. Waters NOES: Donald Q..Miller, Gerald W. Shipsey ABSENT: None 7. The following contract payments'were approved on-motion of Kenneth W. Jones, 'seconded by J. Barry Smith: MADONNA CONSTR. CO. Aliita Street Improvement S -58 -9 -- Estimate No. 8 -- - - -- - $ 243.00 Estimate No. 9 (final) $ 5,777.58 MADONNA CONSTR. CO. South Street, Beebee to Broad --T--.Estimate No. 1 - - - - - -- $ 3,894.41 184 OLD BUSINESS 1. Report of the Traffic Committee: "59 -7 -1C. The Traffic Committee has - studied the request of the.Metho- dist'Church, originally addressed to the City Council; for some type of traffic control, at the °intersection of Kentucky and Stafford Streets. After study,. the committee feels that Stafford traffic should -be stopped in both directions at.Kentucky. (see Resolution below) 1159 -7 -2T. It has =been called to our attention that a hazardous traffic condition exists at the intersection of Beach and Pacific Streets because of the valley gutter running across Beach Street south of Pacific. It is felt that this condition can be remedied and a better traffic pattern extablished at the same time by stopping traffic in both directions on Beach at Pacific and removing the existing stop signs on Pacific at Beach." RESOLUTION NO. 570 (1959 SeriesS, "A Resolution Establishing Stop Signs on Stafford Street at Kentucky Street and on Beach Street at Pacific Street" was passed and adopted on motion of J. Barry Smith, seconded by Kenneth W. Jones on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W..Shipsey, J. Barry Smith, Fred'M.''Waters NOES: None ABSENT: None 2. Communication from David F. Romero, City Engineer regarding an illegal sewer connection in the Yoakum area. Mr. Hayes appeared before the'Council asking that this matter be held over til the meeting of August 3, so that he could have Counsel represent him. Councilman Smith stated that he did not believe that this was a matter to be held oven oi.for legal problems, that this was's policy maiter'and action should be taken immediately. Councilman Miller asked the City Engineer if Mr. Hayes had disconnected his sewer as requested. Mr. Romero answered yes, the sewer was disconnected at the house, but it should be disconnected at the street. Councilman Miller asked if this was a new policy of disconnecting at the street or was this always done. Mr. Romero stated that this had never happened before, to his knowledge, but that it was only right the serer be disconnected at the street orpublic right -of -way, so that inspection could be made without going on private property. On motion of J. Barry Smith, seconded by Kenneth W. Jones, the recommendation of the City Engineer was accepted that the sewer be dironnected at the alley. AYES: Kenneth W. Jones, Gerald W. Shipsey, J.-Barry Smith, Fred M. Waters NOES: Donald Q. Miller ABSENT: None 3. Proposed sign ordinance referred to City Council study session on August 10, at 8:00 pm. 4. Proposed ordinance controlling "Out of Business Sales," "Fire Sales," etc. was referred to a Council study session on August 10. 5. Proposed sidewalk ordinance was referred to Council study. 6. Proposed enzineerina minimum design standafds were referred to the Council for study with contractors and subdividers. JUL Z U 195U 185 3:. Traffic Committee report.regarding installation of traffic time limit signs in the downtown district (referred to Councilman Jones & Miller for report and recommendation) was held over.. ADDENDA 1. Communication from the E1 Carlos Motel asking if sign showing direction to his motel could be plated on city lampost was referred to the Traffic Com- mittee. ' 2. City Clerk reported that to date, no protests had been received regarding the 1959 -60 assessment roll, althougha number of people had appeared at the•City Hall to look at their assessments. On motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, the City Board of Equalization hearings were ordered closed. 3. Communication from the City Planning Commission announcing to the Council the officers of the Planning Commission elected for the term-July, 1959 to June, 1960. Chairman, Robert L. Carpenter Q Vice Chairman, Stanley V. Cole Secretary, Francis Scott 4. Communication from the City Planning Commission recommending abandonment of Morro Street between Walnut and 101 freeway, subject to conditions, necessary easements, as planned out by the City Engineer. ORDINANCE NO. 127 (1959 Series), "An Ordinance of Intention to Abandon a Portion of-Morro Street" was passed to,.p#nt on motion of J. Barry Smith, seconded by Kenneth W. Jones on the following roll call vote: ' AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W.Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT_: None 5. Communication from the Planning Commission recommending favorable action on the amendment of'Section 9200.19, Paragraph a -1 of the municipal code which changes the filing fee for amendments to the zoning ordinance from $25 to '$60. ORDINANCE NO. 128 (1959 Series), "An Ordinance Amending Section 9200.19 (a) to Change the Zoning Amendment Fee From $25 to $60" was introduced and passed to print on motion of Kenneth W. Jones, seconded by Gerald W. Ship - sey, on the following roll call vote: ASS S: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES:. None ABSENT': None RESOLUTION AO. 571 (1959 Series), "A Resolution of Intention to Grant Franchise to Union Oil Company of California" was passed and adopted on motion of Kenneth W. Jones, seconded by J. Barry Smith on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None 7.. At this time, Mr. Romero, City Engineer, presented the final map of Tract 135 for the Council's approval, stating that the map is correct and could be approved by the Council. 186 'JUL 2 0 1959 On motion of J. Barry Smith, seconded by Gerald W. Shipsey, final map of Tract 135 was accepted subject to the filing of the subdivision agreement, con- struction bonds, inspection fees, title policy, and final engineering plans. RESOLUTION NO. 572 (1959 Series), "A Resolution Accepting Final Map of Tract 135" was passed and adopted on motion of J. Barry Smith, seconded by Gerald W. Ship - sey on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W.Shipsey, J. Barry Smith, Fred M. Waters NOES: None ' ABSENT: None 8. ORDINANCE NO. 129 (1959 Series), "An Ordinance Amending Section 3200.8 To Re- strict Early Morning Parking" was introduced and passed to print on motion of Kenneth W. Jones, seconded by J. Barry Smith on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None On motion of Kenneth W. Jones, seconded by Donald Q. Miller, the meeting adjourned. August Accepted this 3rd day of 9 111wimats 1959. 1 1