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HomeMy WebLinkAbout04/27/1964ADJOURNED :METING April. 27, 1964 CITY OF CITY COLgXIL - 7 :3ii P. Y:. HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson,., R. I,. Graves, Jr., Miss -Margaret McNeil, Donald Q. Miller, Clell W. Whelceel City Staff Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick, City Cleric; W. Flory, Superintendent of Parks & Recreation; W. M. Houser, City A;:torney; R. D. Miller, ,administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; Sgt. Norton, Police Department. On motion of Councilman Graves, seconded by Councilman Wheichel, the minutes of April 6, 1964, were approved and the minutes of April 20, 1964 were held over. ----------- ------------------ ----- - ...... ---------- --- ------ ----------- - ---- ------ - -- 1. J. H. Fitzpatrick, City Clerk, reported on bids received for reconstruction of Foothill Boulevard between Santa Rosa and Casa Streets in accordance with advertised plans and specifications. Following is the list of bidders: M. J. Hermre.ck, Inc. $762790.45 R. &Gray 83,282.31 Harold D. Peterson 84,543.CO Co S. Construction Co. 80,626.20 Ted Watkins Construction Co. 85,179.15 Madonna Construction Co. 79,650.35 D. F. Romero. City Engineer, explained they were good bids and recommended the bid of Hermreck, Inc. for $76,790.45. The following communication was received from the Zion Lutheran Church refusing the offer of the City for purchase of land needed for Foothill Boulevard widening. "The members of Zion Lutheran Church do not accept your offer of $970.00 for the .029 acres, more or less, lying along Foothill Boulevard. We have been doing considerable research on the land values around our property and have received opinions from experts in the title business and the banking business based on the current lend values as to the fair market value of the property in question and based on these studies and opinions we submit this counter offer to the City of San 1"-s Obispo: 1. Zion Lutheran Church, Inc. shall convery .029 acres, more or 'Less, lying along Foothill Boulevard to the City of San Luis Obispo for the sun, of $4,500. The sum of $2,400 for the land, and $2,100 for the damages incurred to the house and property because of the decreased setback line. 2. The City agrees to remove existing curb, gutter, sidewalk and driveway ramps and to construct new curb, gutter, sidewalk and driveway ramps on the new curb line, replace chain link fence that will be damaged along the property line at driveway, replace and relocate the sprinkler system and any other utility lines that might be damaged, replant any of the shrubs or lawn that is damaged in the process of the construction, relocate the parking bumper strips that might be removed or damaged, all at no cost to Zion Lutheran Church, Inc. 3. The City will provide all necessary engineering, legal work, relocation of utilities, pave out to the new gutter, and will pay for all escrow and title fees in the transfer of the property. City Council Minutes April 271 1964 Page -2- 4. The City will waive any setback restrictions that may at any time.in the future hinder or prohibit the alteration, remodeling, or additions to the home as it is presently located on the lot. The superior location of the Zion Lutheran Church property to that of the Fluitt property, and the close proximity with the Maino Properties, and in view of what is developing on Hiway One with the Flagg and Duveneck properties, we feel that the strip of land as outlined above and described on tae attached sheet is reasonably valued at $2.00 per square foot or $2,400.00. The setback line will be moved 8 feet closer to our Parsonage situated along Foothill, resulting in only a 22 foot clearance between the curb and the house. The decreased setback will increase the traffic noise necessitating the erection of a noise baffle. It will increase cite traffic hazards and will cause great difficulty with ingress and egress from our parking lot because of the increase volume of traffic. We will loose some parking spaces, shrubbery and landscaping, and a portion of our chain lint: fence. The damages to our house and property are conservatively valued at $2,100. The commercial value of this property is increasing rapidly and the loss of an € foot strip off of the prime side of the property is lost forever and could mean the difference of five to ten thousand dollars in the selling price of the entire 4 acres. We feel that our counter offer is a fair and equitable one both to the City of San Luis Obispo, and to the members of the Zion Lutheran Church." W. M. Houser, City Attorney, recommended that the bid be awarded and the Mayor sign the agreement subject to final approval of condemnation and order of immediate possession and use. On motion of Councilman Graves, se=ouded by Councilman Miller, the following resolution was introduced. Resolution No. 1283, a resolution determining necessity of acquiring an interest in real property and ordering condemnation proceedings and an order of immediate possession. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. I.. Graves, Jr., X ss Margaret McNeil, Donald Q. Miller, Clell 47. Whelchel NOES: None ABSENT: None On motion of Councilman Graves, seconded by Councilman Miller, that the low bid of M. J. Hermreck, Lac. for $76,790.45 be accepted with the Mayor to delay execution of contract until Zion Lutheran Church property is acquired. Motion carried. On motion of Councilman Graves, seconded by Councilman Whelchel, that the City Attorney, W. M. Houser, be retained by the City for condemnation suit at basic bar association fees. Motion carried. 2. J. H. Fitzpatrick, City Clerk, reported on bids received for reconstruction of Pismo Street from Osos Street to High Street in accordance with advertised plans and specifications. The following bids were received: Ted Watkins Construction Co. $50,561.93 Valley Paving & Construction Co., Inc. 41,003.57 Harold D. Peterson 45,701.50 M. J. Hermreck, Inc. 44,491.75 Madonna Construction Co. 499695.25 C. S. Construction Co. 47,961.70 D. F. Romero, City Engineer, stated that they were good bids and recommended the bid of Valley Paving be accepted. Said bid in the amount of $41,003.57. On motion of Councilman Miller, seconded by Councilman Graves, the low bid of Valley Paving was accepted. City Council Minutes April 27, 1964 Page -3- 3. At this time D. F. Romero, City Engineer, reported on a street priority program dated Fpril 1, 1964. The report read as follows: "If the City is to conduct a substantial street program this coming summer, there is some urgency regarding Council review of the Street Repair Program Priority List submitted April Ist, modification of this list, and approval in order to enable my department to conduct necessary survey and design and prepare plans at an early date. We must also allow other agencies, such as the Gas Company, Electric Company, and Water Department, sufficient time to replace or revise their improvements prior to our work. If there is any significant delay in setting the priority list, it is quite possible that much of the work will have to be heid over until next summer. It appears that we will have sufficient State Select System funds to conduct the City's share of Projects Is and lb, o, 7a, 9a, 1.2, and 13, which will total around $65,000.00. Public Improvement and Betterment funds in the amount of approximately $60,000.00 cov.1d be expended very shortly on Projects 2, 3, and part of 4. If additional funds are available beyond this amount, we could continue with the rest of Priority 4, 7b, and UO during this summer. If, however, these funds are not available for contract work, I would like permissior to do some of the work with City forces." The following communication was also received from David F. Romero, City Engineer: "Attached is a street repair program priority list dated April 1, 1964, which provides for a total contract construction cost of $432,200.00. This list includes only items which can be efficiently contracted and does not include normal patching and minor repair. The criteria for setting each priority considered the condition of the street and the amount of traffic which would benefit by the improvement. The condition of the street was determined by a visual inspection of each street in toim, this week, by Mr. Tappa and myself. The type of work recommended is based on our experience and considers the least improvement which we feel will provide a satisfactory, relatively perman- ent repair. The Pismo Street reconstruction is not included within the list since this project is now out to bid. The priority lis: is also useful in assisting other agencies, such as the Water Department and the Gas Company, in programming replacement and repair work prior to street construction work. I hereby request that the City Council review the priority list in order to provide guidance for contract work to be constructed this spring and summer and in preparing the 1964 -65 budget." R. D. Miller, F.dministrative Offices recommended that the City Engineer's program be adopted. On motion of Councilman FJhelchel, seconded by Councilman Miller,the recommenda- tion was accepted and the City Engineer is to proceed with plans and specifications. Motion carried. 4. J. H. Fitzpatrick, City Clerk, read the communication from the Mission Plaza Committee forwarding their initial report containing recommendations and suggestions for the Mission Plaza development for the Council's consideration and implementation. Mayor Davidson stated that the committee had done lots of studying and he believed their recommendations should be adopted. On motion of Mayor Davidson, seconded by Councilman Miller, the recommendations of the committee were adopted. City Council Minutes April 27, 1964 Page -4- Councilman [dhelchel stated he agreed with all the recommendations of the Hission Plaza Committee except Wo. 14 as he does not believe that the City should get any more money for additional planning and he would like some discussion on this matter. Mayor Davidson stated that there are many areas in this plan that need develop- ment and that some additional planning must be carried out. Councilman Whelchel stated that he did not believe that the City should hire any more planners or architects, but that the work should be done by the City Staff or local people. He stated he is not objecting to the Mission Plaza, but just to outside consultants. Mayor Davidson stated that the committee has not recommended the retaining of architects or planners to prepare plans, but just what the committee feels should be done on this project at this time and have so recommended to the Council. Motion carried. 5. At this time the City Council 1;s -1d a public hearing on the proposed Sign Ordinance presented by the Planning Commission. Mayor Davidson declared the public hearing open. Ivan Albert, Shell Oil Company, objected to the proposed ordinance and recommended that the M�:yor's suggestion that a representative committee be appointed to write a fair and adequate ordinance for the City of San Luis Obispo be adopted. ' Ken Schwartz, Chairman of the Planning Commis: :ion, explained the lengthy studies made by the Planning Commission on the ordinance proposed to the Council and after tonight's meeting, the Council caa either pass, amend or reject the ordinance, but before that he asked that he be allowed to enumerate the things that brought about the consideration of the proposed ordinance by the Planning Commission. Mr. Schwartz listed the inequities in the present ordinance and the problem in administering the existing sign ordinance. He then stated that the Planning Commission had appointed a sub - committee to study the existing ordinance and prepare a working ordinance for the City. The result of these studies has been approved by the Planning Commission and have now been presented to the Council in the form of a proposed ordinance. He continued that he hoped that the Council would consider this proposed ordinance very seriously. Mrs. Burdette urged the Council to seriously consider the proposed sign ordinance prepared by the Planning Commission and hoped the City would eliminate the garish looking signs in the City. A. H. Brazil,. Attorney, objected to the passage of the proposed ordinance as he believed that the ordinance is too restrictive and unfair to the business- men of the community. Further, he believed that several sections of the proposed ordinance are illegal and hoped that the Council would consider appointment of a representative committee to look into these matters. Mr. Matinson, representative of the Junior Chamber of San Luis Obispo, stated that the Junior Chamber of Commerce of tL:e City had studied this ordinance and officially wished to go on record that they are opposed to the ordinance proposed by the Planning Commission. Margaret Maxwell, High School art teacher, presented drawings of her impression of the City if a freeway were placed near the City center and also a sketch of her impression of Monterey Street looking south from the railroad overpass showing all the signs, and from an art teacher's point of view, she believed that the sign method of salesmanship is very poor salesmanship. City Council Minutes tpril 27, 1964 Page -5- M_. A1baugh, City Peon, spoice on behalf of signs and believed that the San Luis Obispo businessmen have good taste in their signs. He suggested that the Council throw out the Planning Commissions ordinance and urged that the Council follow the Mayor's suggestion and appoint a xepresentative group to write an acceptable sign ordinance for the City. Mrs. Lochran urged a strong regulation on signs which would also benefit the busire ssmen as it would stop the competition of a neighbor.building a sign larger than next door and would take away the jungle atmosphere of the business district. Irving Kogan asked that someone explain the difference between the existing ordinance and the proposed ordinance. lie continued that he believed that the City of Carmel, California has a restrictive ordinance which is more restrict- ive than the one proposed by the Planning Commission. He urged that the Planning Commission's proposed ordinance be adopted bit the Council. 'Further, he believed that the Planning Commission :gas done a good job for the City. Morrie Welch, Purcell Company, urged more study on the proposed ordinance and has no objection to an ordinance, but beliavea that the sections dealing with outdoor advertising are unfair and too restrictive. Mrs. Bowman, San Luis Obispo Fit Fssociation, seated that her group is in favor of the proposed ordinance except that s::e does not believe it is strict enough. Mrs. Henry Case appeared before the Council urging adoption of a strict sign control ordinance for the City of San Luis Obispo and brought to the Council's attention the fine impression received in visiting Carmel and Monterey where the signs appear in good taste. Bob Brown objected to the proposed ordinance as he believes it is another very restrictive law which controls the method of doing business and against the free enterprise system of our Country. '_ ?e believed that this ordinance is too restrictive and would curtail much business in the City and would shift some of the City's tax income from the business operations to the small property owner. Mr. Brown listed the th -ee major items of a:gument in the new ordinance, such as (1) rotating or flashing signs, (2) projecting signs, and (3) amortization provisions, and urged that the Council vote against the proposed sign ordinance as a step in support of the free enterprise system. Carlos Moerman, City Neon, thanked Mr. Brown for his presentation on behalf of signs for the City of San Luis Obispo and to allow each ousinessmen to make his own choice of a sign. Martha Schwartz read e'letter prepared by Xr. Myron Graham urging some control over signs in the City and giving his opinion as to signs and sign control. Richard Heathcock appeared before the Council urging that the proposed ordinance not be adopted by the Council. P. H. Brazil again appeared before the Council giving examples of business activities where the sign was removed. zle also asked that the Council consider 1 that each level of government continues to make lfws that take away endowed liberties and freedom. Jim Jones, Rexall Drug, stated that P restrictive ordinance would set business back. Signs are needed for proper business activity and again is also against the taking away of freedom from the public. He agreed that some regulations should be had on signs as to safety, construction, ete. Mr. Ed Davin, President of the Chamber of Commerce, stated that the Board of Directors of the Chamber had voted to oppose the proposed ordinance and urged that the Council appoint a new committee to prepare an adequate sign ordinance. City Council Minutes April 27, 1964 Page -6- Bob Johnson, Shell Oil Station, Marsh and Osos, urged more study on this ordinance as the travelling public need some signs to get the basic service they require. Mel Smith, auto dealer, urged that the City Council not pass the ordinance which is too restrictive and would ultimately run the auto dealers out of town just like in Carmel. Jim Kimball, auto dealer, urged that the Council not adopt this ordinance as it is too restrictive and is not an asset to the community. He then listed reasons for his opinion. Mr. Kimball stated he believed in some sign control, but he felt that the proposed sign ordinance is unfair as it went too far in its control. Mr. Kimball stated that retail merchants, tourist and convention bureau, auto dealer association, sign industry, and Chamber Board of Directors are all opposed to this ordinance and now tonight the Junion Chamber of Commerce has gone on record as opposing this proposed ordinance. He urged that a committee be appointed of a representative group to prepare fair and adequate sign regulations. Charles Freeman, Freeman Sign Service, appeared before the Council urging that the proposed Planning Commission Sign O;_d_nsnce not be = .dopted in its present form as it is unfair to the property owners, the businesra3n, and ':he ordinance is s:oo restric_ive for p :op2r City growth. The present ordinance is all right except for a conflict within the zoning ordinance in relation to free standing signs and signs on a building. 1 Wallace Guglielmelli opposed the proposed sign ordinance as it is too restrictive and unfair to the businessmen in town. &e urged that some regulation of signs should be passed by the City, but not the one proposed by the Planning Commission. Mr. Burdette stated that the fifteen years that he has been in the City, he believed that it has been dosmgraded and becoming unattractive and he believes that the signs are the cause of this poor atmosphere. Ken Schwartz, Planning Commission Chairman, again appeared before the Council and again explained some of the reasons that the Planning Commission considered in proposing the new ordinance to the Council. Irving Kogan urged that the Council consider the points in contention between the Planning Commission and the merchant group and attempt to arrive at points of agreement and adopt the ordinance as amended. Mayor Davidson listed some points of disagreement and urged that his suggestion of appointing a representative group to go over the ordinance and. try and arrive at a fair or equitable ordinance. Also, he felt that it was impossible for the Council sitting at a public hearing to rewrite an ordinance at one setting, but that a committee must be appointed that can meet and discuss the proposal without any duress. Upon request, Mayor Davidson read his proposal of April 6, 1964, to appoint a representative citizens' committee to prepare an ordinance that would be fair to all the citizens of the community. West Connor objected to the proposed membership of the Mayor's committee as it is loaded in favor of the sign people and not the general public. Mayor Davidson stated that he only suggested the representatives and that the Council could appoint whomsoever they care to and can appoint additional representatives if they desire. City Council Minutes April 27, 1964 Page -7- Emmons Blake, businessman and member of the Planning Commission, stated that he objected to some of the statements made by Kr, Brown and the proposed ordinan: was not inspired by any group wishing to take away the freedom of any citizens within the City. He also objected to the Mayor's committee; that it is not a study committee but an execution squad to kill the proposed ordinance. Also, the proposed committee is too large to do any good and believed that the Council should allow the proposed ordinance a chance to become operative. Bob Johnson asked if political stickers on automobiles were in violation of the ordinance. A. H. Brazil stated that the fact that there is such an argument shows that the ordinance as proposed is not worth the paper it is written on. Mayor Davidson declared the public hearing closed. Councilman Graves proposed the following amendments to the Sign Ordinance: Section 8600.3 C. 1. No illuminated sign shall be permitted in R -1, R -2, or R -3 districts, except house identification and one indirectly illuminated sign for an apart- ment or office building. Section 8600.3 G. 2. Signs visible from a street shall rot* resemble traffic signs or signals. *Delete: "contain an arrow or the word "stop" or otherwise." Section 8600.3 H. 4. Delete Section 8600.6 B. 2. Two hundred (200) square feet for a hotel or motel. Section 8600.6 C. 8. Add paragraph 8 as follows: "Changeable copy to advertise programs may be shown on the sides and front of the theater marquee." Section 8600.6 F. 1. Signs shall not obstruct ventilation through any window or. passage through any exit required by the building code or be attached to or obstruct a fire exit. Councilman Graves also suggested that consideration be given to amending the ordinance in the future when a workable system of control for flashing and rotating signs can be devised and further, that such a committee be formed ' now to prepare revisions to the code. Councilman Miller suggested that the matter of flashing or rotating signs should be included in the ordinance but be adopted by resolution. Councilman Vhelchel stated he believed all amendments should be made once and for all and included in the ordinance. Mayor Davidson suggested that Section 8600.7 be deleted completely, that Section 8600.653C be deleted entirely, Section 8600.3C2 either be deleted or define "excessive glare" so some rule of measurement can be made. City Council Minutes April 27, 1964 Page -8- Councilman Whelchel stated that it appeared that the Council is not going to be able to pass or amend the ordinance tonight. On motion of Councilman Whelchel, seconded by Mayor Davidson, that a committee be appointed to prepare an ordinance for final consideration by the Council, eonsisting of the following representatives: 2 City Council members, 2 Planning Commissioners, 1 member of the general public, and 3 persons from the business community. Motion lost on the following vote: AYES: Clay P. Davidson, Cleli W. Whelchel NOES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller ABSENT: None Councilman Graves spoke against the motion as he believed that the ordinance has been discussed at length and that as amended this evening it takes care of any objection and urged that the ordinance be passed to print now, because any more study is not needed and the ordinance should now be considered for passage. Councilman Whelchel proposed amending the following sections: 8600.3 D 1 - Extend 30" instead of one foot. Truman Bruce stated that as he sees the problem, the key point of advertising was not considered but just personal feelings. He urged that the Mayor's suggestion of appointing a committee to set down and go over the ordinance in a more calm sttitude for the good of all be acted ' upon. Councilman Graves stated that he believed that the ordinance must be passed as amended. On motion of Councilman Graves, seconded by Councilman Miller, that the ordinance as amended be passed to print. It was moved by Mayor Davidson that the ordinance be referred to the sub- committee of the Planning Commission and two members of the Council to prepare amendments as discussed this evening. Councilman Whelchel suggested that this matter be taken under advisement. On motion of Councilman Whelchel, seconded by Councilman Miller, that the ordinance be referred to a study session by the Council on Thursday, April 29, 1964, for decision at the next regular meeting. Motion carried unanimously. 6. The following report of the Council appointed committee studying the request of the Chamber of Commerce for an increase in business license tag by 15% to pay for Christmas lighting and other business promotions, was presented: ' After thorough discussion, this Committee respectfully recommends as follows: That the City should be decorated on appropriate occasions and that the entire City should bear the cost, through the expenditure of General Funds. These Funds should be expended by contract with an appropriate organization, and in the interest of community unity. This Committee recommends that the City Council deny the request that the business license tax be increased. City Council Minutes April 27, 1964 Page -9- Further, this Committee recommends that study be given by the City Council of the problems and opportunities presented by the Real Estate Research Corporation report. We recommend that the City Council investigate the feasibility of appropriating a percentage of business license and sales tax receipts for implementation of this report and for promoting the City of San Luis Obispo. If the City Council looks favorably on these recommendations, this Committee is at your service." On motion of Councilman Whelchel, seconded by Councilman Miller, the report was accepted. Motion carried. 7. Report of the Street Widening Committee, was held over. 8. A proposal was received from Fred Gist to perform appraisal services for the City in connection with street widening on Foothill Boulevard. On motion of Mayor Davidson, seconded by Councilman Whelchel, that a Council committee meet with Mr. Maino to negotiate acquisition of land needed for street widening. Mayor Davidson and Councilman Whelchel are the committee to meet with Mr. Maino. Motion carried. 15. Communication from the Fire Chief presenting an alternate method of weed abatement and requesting Council authority to purchase the necessary equipment. On motion of Councilman Graves, seconded by Councilman Whelchel, the ' request was approved. 18. Request from Harvey C. Allen dba Harvey's Barber Shop, requesting a limited parking zone in front of his place of business at 1226 Osos Street, was referred to the Traffic Committee on motion of Councilman Graves, seconded by Councilman Miller. 19. R. D. Miller, Administrative Officer, announced the following appointments to City employment, effective May 1, 1964: DAVIS, Howard E., Police Officer, Step 1 at $435 per month. JAYNE, Ward A., Police Officer, Step 1 at $435 per month. RUDRON, John A., III, Police Officer, Step 1 at $435 per month. ROCHA, Frank Jr., Police Officer, Step 1 at $435 per month. HARDESTY, Mary L., Typist - Clerk, Fire Department, Step 1 at $312 per month. Effective June 1, 1964: YOUNGBLOOD, Gary M., Police Officer, Step 1 at $435 per month. All above appointments subject to one year probationary period. 20. Communication from the Planning Commission announcing that they will be discussing changes to the second phase of the 701 Program on Tuesday, April 28, 1964, and inviting the City Council to attend the meeting, ' was ordered received and filed. 21. Communication from the Soroptimist Club notifying the City Council that they will not be able to contribute to the construction of the directional chart for the Mission Plaza, was ordered received and filed. City Council Minutes April 27, 1964 Page -10- 22. Communication from the San Luis Obispo ScLool District notifying the City Council that they have completed the lease covering the frame building located at Santa Pose Park and also commenting on the Griffenhngen- Xroeger Report entitled, "Police Manpower Requirements ", was ordered received and filed. 23. Communication from the State Department of Public Health regarding the survey to be conducted by Family Research Center, wx s ordered received and filed. 24. Report by the State Department of Finance announcing the City's population as of March 1, 1964 at 25,300 was ordered received and filed. 25. Progress report ou Cable T. V. installation by the Central California Communications Corporation, was ordered received and filed. 26. Notice of motion to dismiss and motion to strike before the Fish and Game Commission regarding the planting of fish in the Whale Rock Reservoir, was ordered received and filed. 27. Communication from Texaco, Inc., as %ing to be notified and to be considered if the City were ever to lease property adjoining the sewer farm for a service station site, was ordered received and filed. 28. Communication from the California Mission Trails Association asking the City Council to again consider contribution for the operation of this promotional activity, was ordered received and filed. 29. Notification of the annual meeting of the Whale Rock Commission to be held on May 12, 1964, was ordered received and filed. 30. Communication from the Shoreline Planning Association announcing their merger with the California Marine Parks and Harbors Association, was ordered received and filed. 31. Copies of material prepared by Mr. Edward ' ?. Rodriguez regarding the realignment of Highway No. 1, was ordered received and filed. On motion of Councilman Miller, seconded by Councilman Whelchel, the meeting adjourned to Thursday, April 30, 1964 at 7:30 P. H. APPROVED: May 18, 1964 1 J. H. �ITZPATRICg, City Clerk