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HomeMy WebLinkAbout11/15/1971MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA November 15, 1971 - 7:00 P.M. City Hall Pledge Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz'. City Staff Present: J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; R. D. Miller, Administrative Officer; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A.J. Shaw, City Attorney; R. D. Young, Planning Director. C -1. The City Council authorized payment of claims against the City subject to the approval of the Administrative Officer. C -2. The City Council approved the following sets of minutes: September 7, 10, 13, 15, 20 and 24, 1.971.and October 4 & 11, 1971. C -3. On motion of Councilman.Gurnee, seconded:by Councilman Brown, the following resolution.was introduced: RESOLUTION NO. 2244, a reso- lution approving the joint purchase of petroleum products with the County of San Luis Obispo for 1972.. 1 Passed and adopted on the following roll call vote: AYES: Emmons Blake; John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None The Mayor was authorized to sign the agreement with the County. C -4. The Mayor was authorized to accept a Grant Deed from Antonio Vall and Josefa Vall for street widening on Serrano Drive and Luneta Drive. C -5. On motion of Councilman Blake, seconded by Councilman Graham, that discussion of a resolution authorizing the Mayor to sign a quitcalim deed to relinquish property on Foothill Boulevard not needed for street widen- ing purposes be continued.to the December 6, 1971 meeting. Motion carried. C -6. The City Council approved the request of the Downtown Association ' for permission to decorate the parking meters in the downtown area for the Christmas season. C -7. The City Council received a communication from the City Engineer regarding updating the.City map for use by the Promotional Coordinating Committee in printing a map for public distribution and outlining the cost of each of several alternatives. Councilman Blake felt that the cost of engineering the map should be borne by the ultimate maker of the map. City Council Minutes November 15, 1971 Page 2 City Council Minutes On motion of Councilman Blake, seconded by Councilman Graham, the request of the Promotional Coordinating Committee to have the map updated was denied. C -8. The City Council received a report from the Park and Recreation Commission outlining a general philosophy for park development within the City. They also directed that a:copy be sent to the City Planning Consultant, Simon Eisner and Associates. i_ C -9. The City Council approved the request of Elaine Glassmeyer for a leave of absence without pay from December 13 through December 22, 1971. C -10. The City Council approved the following salary step increase:. Ralph Hunt - Fire Inspector From Step 3 or $824 to Step 4 or $868 C -11.. The City Council approved the following contract payment: Wally La Freniere Est. #2 $17,179.56 Remodel Fire Station #1 C -12. The City Council approved an.agreement with the San Luis Obispo Environmental Center for the use of City property for a recycling center and authorized the Mayor to execute an agreement on behalf of the City. C -13. The City Council received a communication from the Promotional Coordinating Committee recommending changes in the method of handling media advertising, promotion, public relations and publicity releases. The recommendation was approved:' On motion of Councilman Gurnee, seconded by Councilman Brown, the consent items were approved as indicated. Motion carried. 1. On motion of Councilman Blake, seconded by Councilman Gurnee, ORDINANCE NO. 536, an ordinance regulating conduct in City parks, was introduced for final passage. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 2.. The City Council received a recommendation from the City Engineer that a speed limit of 15 miles per hour be established within the City parks. City Council Minutes November 15, 1971' Page 3 On motion of.Councilman Gurnee, seconded by Councilman Graham, ORDINANCE NO. 538, an ordinance.amending.the Municipal Code.to establish a speed limit on roads in City parks was introduced. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 3. The City Council considered a request of Davis -King Development for an encroachment permit for a metal sculpture at the frontcof 'theNetwork Mail, 778 Higuera Street, which extends into the sidewalk area. The developer stated they recognized the potential problems due to the exposed metal corners but wished to offer whatever protection measures required by the City. D. F. Romero, City Engineer, stated he had no objections to the metal sculpture encroaching over the public right of way providing that the encroachment was at least 7' 6" above the sidewalk. He continued that he did object to the present location of the sculpture as it presented a serious hazard to pedestrians and could well result in City liability. He felt the City should not grant permission for installation of perm- anent planters on downtown sidesalks which would prohibit full use of the sidewalks. The City Council received a communication from J. L. Kellerman, Chief 1 Building Inspector, stating that the sculpture in front of the building at 778 Higuera encroached 6" onto the City sidewalk and that the physical make -up of this sculpture was extremely hazardous to the public in th.at it had many sharp edges and corners. J. Kellerman continued that Mr. King, the developer, was informed at the time the first section was placed on the building that it was placed without any plans or permit and it was unacceptable and could not remain. He stated this warning was ignored and additional sections were subse- quently installed without permit. He asked the City Council to support his action in requesting that the sculpture be removed and not be reinstalled until detailed plans were presented and a permit had been issued. Doug Yungling spoke on behalf of Davis -King and said that the sculpture could be screened by a planter or the corners could be welded down or a protective railing could be installed and any of these would require. "a 14" to 18" encroachment. D. F. Romero, City Engineer, stated that clearance should be eight feet instead of seven feet 6 inches, as the code prohibited encroachment below eight feet. R. D. Young, Planning Director, on behalf of J. Kellerman, stated that this encroachment into the public way could not be allowed. ' Mayor Schwartz asked if the property line for the front of the building had been determined. R. D. Young stated that it could be. Mayor Schwartz asked if the City would be liable if anyone were hurt by the projecting sculpture. A. J. Shaw, City Attorney, stated the City would because of the foregoing statements by City employees that the sculpture constituted a dangerous condition. City Council Minutes November 15, 1971 Page 4 Mayor Schwartz asked about placing a planter in front of the sculpture and whether this would reduce the liability involved. A. J. Shaw, City Attorney, felt this would still constitute a hazard and in no case should be more than a temporary encroachment. Mayor Schwartz asked if there was any way to resolve the City from responsibility. The City Attorney stated there was no way even if a bond were posted; there was still a risk to the City. Councilman Brown agreed with the Chief Building Inspector's statement that this sculpture could not be made safe and further, he felt the planter box should not be allowed to encroach into the public way and the sculpture should be removed or a plan presented to make it safe. Councilman Graham stated he hoped something could be done to allow this sculpture to conform. He was sorry this development was not checked with City officials before construction started so that it could be installed and still be safe. He did not agree that a planter box would be acceptable but felt he might go along with a railing to protect the edges of the sculpture. Councilman Gurnee stated he viewed this problem with mixed feelings as he felt the sculpture was an asset to the downtown area.. He also agreed that the overlapping edges of the sculpture were unsafe as someone could be hurt. He stated that without sketches or plans for the location of the planting boxes or railing it was difficult to come up with a solution. Councilman Blake felt it was a work of art and not an extension of the ' building and hoped some rmprovement or adjustment could be made to make this safe for passers -by. Mayor Schwartz felt that the sculpture was unique and a fine art form for the City. He felt the City Council's responsibility was to the safety of pedestrians and passers -by.. He felt that the developer had several routes available to him to save the sculpture but until these were presented, he would have to agree with the City staff recommendations. John King agreed that the sculpture did encroach into the public way but hoped there was some way or some method to save the figure or some way he could indemnify the City from any possible accidents. A. J. Shaw, City Attorney, suggested that the property owner could possibly file a certificate of insurance protecting the City from any liability or responsibility in an appropriate amount. Councilman Brown felt that regardless of the insurance certificate, he still felt the City Council had a responsibility to protect the public. Councilman Graham agreed with Councilman Brown's comments on protect- ing the public. On motion of Councilman Blake, seconded by Councilman Gurnee, the matter was continued to December 6, 1971 for a suggested solution from John King but the sculpture was to remain covered to protect pedestrians until a decision was reached. Motion carried. 4. At this time the City Council considered the adoption of an ordinance regulating assemblies in residential structures in resi- dential areas. City Council Minutes November 15, 1971 Page 5 A. J. Shaw, City Attorney, reviewed the proposed ordinance, reading sections for the Council's information. The City Council discussed the proposed ordinance with the City Attorney and other members of the City staff. Councilman Brown stated he wasinJ avor of the proposed ordinance which ' would control offensive types of activities in residential areas. Councilman Blake stated he, too, felt that the proposed ordinance seemed to cover the problems that had arisen to date in residential areas. John Scroggins, 1680 Hillcrest, requested the City Attorney to clarify various sections of the proposed ordinance and its method of enforcement. Dan Pearson, 1303 Garden Street,.President of the Intra - Fraternity Council, objected to the City Council considering this particular ordinance as he felt it was too all inclusive and too restrictive and was unquestionably aimed at the student housing units in the City of San Luis Obispo. He felt that there should be,another area for trying to solve this problem. Norm Redman, 690 Brizzolara, stated that while he agreed some control should be exercised over some parties put on in group living quarters, he felt the proposed ordinance was too restrictive and actually violated the individual rights of persons living in these group quarters. He felt the ordinance would cause more problems than it would solve. He felt there were too many laws on the books now and this new one would not solve the problem. He objected to the Council considering such an ordinance. Harold Vass, 1666 Phillips Lane, stated he supported the provisions of the proposed ordinance in order to try and .let persons living near fraternity houses. have some peace.and quiet. Donald Philbin, San Mateo Street, objected to the proposed ordinance and felt it was strictly intended to control so- called T. G. parties. He suggested that the City provide an area somewhere near San Luis Obispo where the young people could have a place-to hold their parties. Ward Wade, Phillips Lane, stated he was in support of the proposed ordinance but felt other ways should be investigated to try to get the support of the young people who sponsored these parties. Bruce Cortlett, 621 Craig, stated he felt the ordinance was much too restrictive and would further polarize the City residents and the college students. He too felt that the City should supply an area outside the City so these young people could hold their parties. Councilman Gurnee felt the proposed ordinance was too restrictive and would only encourage non- compliance. He did not feel that the passage of this ordinance would actually stop T. G. parties. He felt sympathy for the residents and neighbors of areas adjacent to properties where a T. G. was being held who were annoyed by the great numbers of young people, noise, etc. He did not feel that this ordinance would really 1 control the problem. Councilman Blake stated he felt.that people in the audience both present and on the radio should analyze whose rights were being infringed upon- - just the young people having parties or the neighbors who must put up with the nuisances being committed. He did not feel that the City tax- payers should provide an area for young people for their drinking parties. Councilman Brown stated he felt that the key word in the ordinance was "residential" which was where the controls were to be exercised on these parties. City Council Minutes November 15, 1971 Page 6 Councilman Graham agreed that some,.protection must be given to the resi- dents in residential areas who constantly put up with extremely noisy parites and he felt this ordinance might be the one to protect dwellers of residences near student living groups. Mayor Schwartz felt it was very sad.that the City government must con- sider adopting an ordinance to control personal conduct. He also.felt ' that it was quite sad that these parties or "T.G.'s" were getting so large that the sponsors lost control on their activities. He felt the proposed ordinance would control activities and would put the _sponsors of the parties on recordoand make them responsible f'or whatever went on at their party. On motion of Councilman Graham, seconded by Councilman Brown, the following ordinance was introduced: ORDINANCE NO. 537, an ordinance for the regulation of assemblies in residential areas. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, Kenneth E. Schwartz NOES: T. Keith Gurnee ABSENT: None 5. At this time the City Council held.a public hearing on: RESOLUTION NO. 2237, a resolution of intention to abandon portions of Leland Terrace, Film_ore Terrace, Haskin Avenue. Leona Avenue and Florence Avenue. D. F. Romero, City Engineer, presented a map explaining what properties were affected by the previous abandonment and what areas had previously been abandoned when the Terrace Hill subdivision reverted to acreage. Mayor Schwartz declared the public hearing open. No one appeared for or against the abandonment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution. was introduced: RESOLUTION NO. 2243, a resolution finding and determining that portions.of Leland Terrace and Filmore Terrace are unnecessary for present or prospective street purposes and ordering the abandonment of same. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth'E. Schwartz NOES: None ABSENT: None The Council was generally agreed that it would favor abandonment of Haskin, Leona and Florence when the O'Donnell development goes ahead. 6. At this time the City Council held a public hearing on the recommendations of the Planning Commission to approve the precise plan for the Planned Development of the City Housing Authority for twenty multiple family units and management offices at 480 Leff Street between High Street and Beach Street. City Council Minutes November 15, 1971 Page 7 R. D. Young, Planning Director, presented the recommendation of the Planning Commission approving this planned development subject to the following conditions: 1. A detailed landscape plan showing plant materials and method of irrigation shall be submitted to the Planning Department for approval prior to issuance of a building permit. 2. Fire access shall be provided to Building 1 as approved by the Fire Department. 3. Driveway approaches on High Street shall be eliminated. Dudley.Winterhalder, Executive Director of the Housing Authority, spoke in favor of the recommendation of the Planning Commission and stated that the Housing Authority concurred in all conditions established by the City Planning Commission. Mayor Schwartz declared the public hearing open. No one appeared for or against the planned development. Mayor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced. RESOLUTION NO. 2249, a resolution of the City Council of the City of San Luis Obispo approving the precise plan of development for PD 0247 to be developed by the City Housing Authority at 480 Leff Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 7. The City Council again discussed the National Flood Insurance Act of 1968 which was continued from several prior study sessions. Due to lack of interest on the part of citizens and insurance agents, the matter was received and filed. 8. The City Council received the request of the Salvation Army for permission to place Christmas kettles on the downtown streets of San Luis Obispo. The request was approved on motion of Councilman Blake, seconded by Councilman Graham. Motion carried. 9. The City Council adjourned to executive session to discuss pending litigation. 10. On motion of Councilman Blake, seconded by Councilman Brown, the meeting adjourned to November 23, 1971 at 12:OO.Noon. Motion carried. 1 APPROVED: January 3, 1972 . F PATRICK, CITY CLERK