HomeMy WebLinkAbout11/19/1973141 NUTES
REGULAR, MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, November 19, 1973 - 7:00 P.M.
City Hall
Pledge
Roll Call:
PRESENT
ABSENT
City Staff
Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
None
PRESENT: J. H. Fitzpatrick, City Clerk; R. D. Miller,
Administrative Officer; A. J. Shaw, Jr., City
Attorney; Dave Williamson, Assistant Adminis-
trative Officer; W. Flory, Park & Recreation
Director; R. A. Paul, Water Department Director;
E. L. Rodgers, Police Chief; D. F. Romero, City
Engineer; Lee Schlobohm, Fire Chief; R. D. Young,
Planning Director
A. Claims against the City of San Luis Obispo for the month of
November, 1973 were approved subject to the approval of the Adminis-
trative Officer.
C -I. A communication from John Nettleship, Joint Committee on
Recreational Use of School District Property submitting a program for
combination restroom, press room, and concession building for Sinsheimer
Park was approved and staff was to authorize Wilsey & Ham to commence
work.
C -2. The communication from Milton E. Willeford expressing his desire
to continue as independent auditor for the City of San Luis Obispo for
the current fiscal year ending June 30, 1974 was continued at the re-
quest of Councilman Gurnee.
C -3. The report from the San Luis Obispo Garbage Company regarding
an increase in garbage collection rates and justification for the increase
was referred to staff for further study and recommendation to Council.
C -4. The request from R. A. Paul, Water Department Director to set an
Executive Session for Wednesday, November 28, 1973 at 4:00 P.M. with Mr.
Edmonston (City's water rights consultant) was approved.
C -5. Memo from R. A. Paul, Water Department Director, regarding the
completion of the Cross Town Feeder and its effect on the present build-
ing moratorium in the Laguna Lake area was ordered received and filed.
C -5. Memo from D. F. Romero, City Engineer, regarding the California
Highway Commission's hearing of November 15, 1973 to consider the possible
unadoption of Route 1 between 101 and Marsh Street and Pennington Creek
was ordered received and filed.
C -7. The City Engineer was authorized to sign and file an application
regarding a National Pollutant Discharge Elimination System with the
California Regional Water Quality Control Board.
City Council Minutes
November 19, 1973
Page 2
C -8. On motion of Mayor Schwartz, seconded by Councilman Norris
that the matter of the communication from R.C. Malone, Department of
Transportation, regarding suggested channelization and bike lanes on
Madonna Road between Higuera and the Madonna Inn entrance and recom-
mending that this channelization be held up pending installation of
signals,be referred to the Traffic Committee and Citizens Advisory
Committee as informational item.
C -9. The contract payment for the Senior Citizens Center to Mid -
State-Const.ruction, Estimate No. I for $10,853.80 was approved.
C -10. On motion of Councilman Gurnee, seconded by Councilman Brown,
the following Resolution was introduced: RESOLUTION NO. 2537, a
resolution increasing the 1973 -74 budget (increase Revolving Account
No. 151 by $100,000.00).
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Brown and Norris and
Mayor Schwartz
NOES: None
ABSENT: None
C -11. Claim against the City by Helen C. Hutchinson for Roto Rooter
Service was denied and referred to the insurance carrier.
C -12. Claim against the City by Darus 0. Ingwerson for charges to
clean clogged mains caused by City stoppage was denied and referred
to the insurance carrier.
C -13. Claim against the City by Robert B. Kirk for expenses incurred
when his dog was impounded by Wood's Animal Shelter was denied and
referred to the insurance carrier.
C -14. The Administrative Officer announced the appointment of Bradd
D. Hopkins to the position of Fireman starting at Step 1 or .$772 per
month, effective November 16, 1973, subject to a one -year probation-
ary period.
C -15. Sick leave was approved (terminal to December 6) as per
communication from P. Marshall Jelderks, M.D., stating that Nancy G.
Brown would be unable to resume any working activities until approxi-
mately January 1, 1974.
C -16. The following salary step increases were approved, effective
December 1, 1973:
John B. Carson - Fireman
From Step 1 or $772 to Step 2 or $816
William M. Freeman - Groundskeeper
From Step 1 or $618 or Step 2 or $652
Josef S. Hazouri - Police Officer
From Step 1 or $816 to Step 2 or $860
Ralph F. Hunt - Fire Inspector
From Step 4 or $988 to Step 5 or $1042
Laurence T. Lakey, Jr. - Utility Plant Operator I
From Step 3 or $712 to Step 4 or 1750
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City Council Minutes
November 19, 1973
Page 3
Ernest R. Maldonado - Maintenance Man II
From Step 1 or $636 to Step 2 or $670
Robert S. Vessely - Civil Engr. Asst. I
From Step 1 or $860 to Step 2 or $910
On motion of Councilman Gurnee, seconded by Councilman Brown consent
items were approved as indicated. Motion carried.
C -17. On motion of Councilman Graham, seconded:by - Councilman Brown
the following recommendations of the Mass Transportation Committee
were accepted and approved:
A. 17 passenger buses be minimum size.
B. Bus Stop locations.
C. Purchase of benches, bus stop signing and parking restric-
tions.
Motion carried.
B -1. The City Clerk reported on the following bids received for
MEADOW PARK, PHASE III, City Plan No. 4 -74. Bids opened November 14,
1973 at 2:00 P.M.:
Initial Bids
ENGINEER'S ESTIMATE $32,881.00
KARLESKINT - CRUM, INC.
San Luis Obispo $39,977.50
CONCO
San Luis Obispo $46,211.78
R. BURKE CORP.
San Luis Obispo $46,760.00
Plus Additive Alternate "A" - I" P.V.C., Drinking Fountain and Base:
ENGINEER'S ESTIMATE $ 750.00
KARLESKINT - CRUM, INC.
San Luis Obispo $ 800.00
CONCO
San Luis Obispo $ 950.00
R. BURKE CORP.
San Luis Obispo $ 650.00
Additive Alternate "B" - Play Equipment at Playground
ENGINEER'S ESTIMATE $ 7,000.00
KARLESKI
San Luis
CONCO
San Luis
R. BURKE
San Luis
vT - CRUM, INC.
Obispo $12,000.00
Obispo $16,500.00
CORP.
Obispo $ 6,400.00
City Council Minutes
November 19, 1973
Page 4
Additive Alternate "C" - Play Equipment at Tot Lot
ENGINEER'S ESTIMATE
$2,000.00
KARLESKINT - CRUM, INC.
San Luis Obispo $3,290.00
CONCO
San Luis Obispo $6,000.00
R. BURKE CORP.
San Luis Obispo $4,500.00
Additive Alternate "0" - Landscaping Around Parking Lot
ENGINEER'S ESTIMATE $ 500.00
KARLESKINT - CRUM, INC.
San Luis Obispo $ 482.00
CONCO
San Luis Obispo $ 550.00
R. BURKE CORP.
San Luis Obispo $ 350.00
Additive Alternate "E" - Wooden Bench With Back
ENGINEER'S ESTIMATE $1,200.00
KARLESKINT - CRUM, INC.
San Luis Obispo $1,320.00
CONCO
San.Luis Obispo $1,200.00
R. BURKE CORP.
San Luis Obispo $1,300.00
Additive Alternate "F" - Wooden Bench Without Back
ENGINEER'S ESTIMATE $1,000.00
KARLESKINT - CRUM, INC.
San Luis Obispo $ 980.00
CONCO
San Luis Obispo $1,160.00
R. BURKE CORP.
San Luis Obispo $1,040.00
On motion of Councilman Gurnee, seconded by Councilman Graham the low
bid of K.arleskint -Crum of $39,977.50, plus alternate A -- Drinking
fountain and base, $800.; alternate D -- Landscaping around parking
lots, $482.; alternate E -- Wooden bench with back, $1,320.; alternate
F -- Wooden bench without back, $980. was accepted. Items B and C
were rejected (play equipment, $15,290).
TC -IA Traffic Committee Report of November 7, 1973.
73 -10 -6T (a)
At the Council's request, the Traffic Committee has again
studied the proposal that Carmel be made a one -way street between Marsh
and Higuera. This idea was rejected as were other alternatives, for
example, a proposal that Higuera be converted to two lanes as it
approached Carmel. One suggestion which might make the previous recom-
mendation more palatable to Mrs. Langdale would be to keep the green
space in front of Brittain's but remove one space across the street
City Council Minutes
November 19, 1973
Page 5
between the two service station or cab company driveways and off -set
the centerline. If the Council is to consider this again, it is
suggested that it be advertised as a public hearing and all view-
points on the subject be solicited.
On motion of Councilman Gurnee, seconded by Councilman Brown the matter
' be set for public hearing for December 3, 1973.
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Motion carried.
73 -11 -4C
The Traffic Committee has studied the suggestion of David K.
Watts that something be done about exorbitant charges by tow truck and
related storage operators for vehicles which are removed from private
property under municipal code and state vehicle code provisions.
While we feel it would be unwise for the City to get into the regula-
tory field as far as these rates are concerned, we have asked the Police
Department to contact the service station in question and urge them to
reconsider their alleged present policy of charges for each calendar
day or portion thereof. The City Administrator has been asked to
communicate with the complainant to this effect.
No action by the City Council.
73- 1 1 -FT
At the request of the Traffic Committee, the Citv Engineer
has made a study of traffic conditions on North Broad Street. The
Traffic Committee feels that the recommended solution, traffic enforce-
, ment, would be ineffective unless some more efficient method of appre-
hending speeders were found. One solution which is evidently being used
to good effect in the south county by the City of Arroyo Grande
under a pilot program is the use of radar in patrol vehicles. It would
be our suggestion that the Council might wish to consider the installa-
tion of first class radar equipment in two patrol vehicles. If the
Council concurred, it could decide on whether or not some type of dis-
cussion should take place with the judge before going to this expense.
D. F. Romero, City Engineer, stated that the primary complaints on the
Broad STreet traffic problem were that vehicles were traveling too fast
and too many trucks were using the street. Several solutions were dis-
cussed.
1. Installation of one -way streets.
2. Installation of stop signs.
3. Construction of curbs and gutters on each side of all
streets.
4. Installation of rumble strips.
5. Construction of traffic signals.
6. Increased police enforcement.
7. Modification of truck routes.
The City Engineer continued that the accident records on Broad Street
showed five on that portion between Foothill Blvd. and Highway 101,
and four near Foothill for 1972, and for the first six months of 1973,
five accidents on the run of Broad Street, one near Foothill Blvd. For
an eight block run of street this was not considered excessive by
traffic engineers. He concluded that the average speed on Chorro Street
near Meinecke was 15.7 miles per hour for northbound traffic, which was
a level of service rated "D" which was certainly not excessive. He
felt the primary problems were the occasional motorists traveling at an
City Council Minutes
November 19, 1973
Page 6
excessive speed and the large volume of truck traffic wishing to reach
the freeway via Broad Street. A petition signed by 146 citizens and
residents of San Luis Obispo stated that the following persons, all being
residents of the North Broad Street or fronting North Broad demanded
that the City Council immediately take effective and permanent action to
restrict speed of traffic on North Broad Street to that normally expected
in a residential area. The petitioners stated they would not accept a
promise of increased police patrol as an effecti ,4e answer. They would
not accept ,a promise to put the subject into another committee for
study. The petitioners felt the only acceptable solution was the instal-
lation of stop signs at a minimum of four intersections. The petitioners
stated having put the City Council on notice they would consider the
Council responsible for any actions, injuries, or deaths until the
problem of high speed traffic on Broad Street was stopped.
Gary D. Cully, 207 North Broad Street, submitted a letter - petition signed
by 16 residents of the area of Broad and Mission Streets notifying the
City Council that on November 1, 1973, a small boy was struck by a car
while walking across North Broad Street. The petitioners felt as resi-
dents of North Broad Street it was time for the City Council to take the
safety of the people living on and using the street into consideration.
On July 30, a number of the residents attended a City Council meeting to
express their concern about the traffic problem. They were told at that
time, a study would be undertaken by the Traffic Committee to determine
what could be done about the traffic problem. They had not heard any
more of this. The petitioners felt the traffic problem was real as
evidenced by the accident, and they felt that the time for Council action
was now. They requested and proposed that the City Council authorize
three stop signs and crosswalks for North Broad Street at the intersections
of Murray and Broad, Mission and Broad, and at Lincoln and Broad.
A communication was received by Arthur F. Spring, Councilman 1965 -71,
adding his voice to those of the residents of the North Broad area that
something be done to control the traffic before additional serious
accidents and possibly death occurred. It was his experience while on
the City Council that it was very difficult to get the Traffic Committee
to take into consideration the residents of streets, all the emphasis
was on trying to get the cars and motorists thru an area as rapidly
and as unencumbered as possible. He continued that he disagreed with the
opinion of the City Engineer and felt that traffic signs should be in-
stalled at a minimum of four intersections stopping Broad Street traffic
so that these excessive speeds can be reduced.
A communication from Hilda J. Roza, 704 Mission Street, urging again that
the City Council do something about the excessive and dangerous speeds
of motorists using Broad Street as a thru -way from the North area of the
City to Highway 101. She felt that this traffic was excessive, was
dangerous, and that someone would be killed, and she hoped that the City
Council would listen to the people living on Broad Street and not to a
Council appointed committee.
Mrs. W. Koenen, 741 Center Street, spoke in support of the petition and
strongly felt that arterial stop signs were the only solutions to those
living on Broad Street. She felt that signs at Lincoln and Broad, Center
and Broad, Murray and Broad and Mission and Broad would be the only way
to protect the residents of the street.
E.L. Mayo, 721 Murray Street, also spoke in support of the petitioners
and supported the concept of stop signs on Broad Street in order to
slow down fast traffic.
Gloria Hynes, 239 Broad Street, spoke in support of the requested stop
signs on Broad Street in order to slow down traffic.
Gary Cully, 207 North Broad Street, spoke on behalf of the children in
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City Council Minutes
November 19, 1973
Page 7
the area. He asked the City Council to take some positive action to
slow down the traffic on Broad Street before someone was killed. He
begged the Council to put the stop signs in 'now.
Polly Patton, 358 North Broad Street, stated that the traffic was too
fast on Broad Street, there was absolutely no Police protection, and she
felt that the stop signs were the only answer to protect children and those
who used bicycles on the Street.
Elsie Schmidt, 112 Broad Street, felt the traffic went too fast, the
police paid no attention to the fast traffic and that stop signs seemed
to be the only answer to slow these cars down.
Robert Moskiman, 85 North Broad Street, stated that as he had told the
Council over the years, the people drove too fast on Broad Street, that
there was no respect for the laws, the drivers of these cars did not
show common decency, He felt that the traffic laws should be enforced
and not ignored by the Police.
Ronald R. Morgan, 217 Broad Street, spoke in support of stop signs on
Broad Street to slow down the traffic to protect not only the children
but other pedestrians.
Councilman Brown stated that he was in support of the installation.,of
four stop signs to slow down traffic and to protect the residents,
but he was afraid that if the City Council placed stop signs on Broad
Street, then the thru traffic would just move over to Chorro Street, which
would then cause additional problem on that street.
Councilman Graham disagreed with placing more traffic on Chorro Street,
' but felt that stop signs should be installed on Broad Street and it
seemed the only solution. He felt the Traffic Committee's answers
were not the right solution to this problem.
Councilman Gurnee was in support of controling speed on Broad Street,
and he would support radar for the Police cars for traffic control,
but he felt that the stop signs on Broad Street with pedestrian cross-
walks would be more effective.
Councilman Norris stated that he was in support of doing something to
reduce the speed on Broad Street. He felt that stop signs might be
the one answer to slow down traffic and protect the residents of the
area.
Mayor Schwartz agreed and felt that stop signs should be installed at
the Lincoln /Broad intersection, at the Mission /Broad intersection, at
the Murray /Broad intersection, and at the Center /Broad intersection.
He felt that this would slow down the traffic and make it safer for
residents in the area.
On motion of Councilman Gurnee, seconded by Councilman Graham the
following Resolution was introduced. RESOLUTION NO.. 2531, a resolution
establishing stop signs on Broad Street at Murray and Broad (three -way
stop sign), Lincoln and Broad (four -way stop sign), Center and Broad
(three -way stop sign), and Mission and Broad (four -way stop sign).
This installation would include pedestrian walks at each intersection
with an advanced warning to motorists.
Motion carried on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
November 19, 1973
Page 8
D. F. Romero, City Engineer, stated that the Council action would un-
doubtedly increase traffic and accidents on Chorro Street and might
result in increased accident rates on Broad Street. He explained
that a study conducted in San Diego, showed that crosswalks gave
pedestrians a false sense of security and that many people were hurt
while using these crosswalks.
The City Council thanked Mr. Romero for his comments.
TC 73 -11 =6T
The Traffic Committee has been approached by citizens who are
concerned about the posting of bike route signs on dangerous thorough-
fares such as Johnson south of the underpass and north Broad Street. The
fear has been expressed that the City might be held liable if a bicyclist
feels he is being invited to use a particular street and is then injured,
particularly where extreme hazards exist. It is suggested that this
matter be referred to the City Attorney for an opinion.
No action taken by the City Council, except for the recommendation of the
Traffic Committee.
1. Council consideration of Traffic Committee item no. 73- 10 -1T,
Traffic Committee report of October 15, 1973 was continued to a further
date at the request of Mr. Peter Cardell.
2. Public Hearing on the appeal of J.E. 8 G.S. Hazard from a
notice by the City to abate drainage channel obstructions.
The City Clerk reported that in accordance with the provisions of the
ordinance, certified, return receipt requested mail was sent to the
Hazard address and that the envelope had been returned after the postal
department tried service three times. Subsequent to that date, the
City Clerk had attempted by telephone to contact a representative of
the Hazard family to notify them of the Public Hearing.
Mayor Schwartz declared the Public Hearing open.
No one appeared for or against the abatement order.
Mayor Schwartz declared the Public Hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham the hearing
was continued to December 3, 1973.
3. PUBLIC HEAPING on the appeal of Stuart H. Depper from a notice
to abate a drainage channel obstruction.
The City Clerk submitted notice of the mailed receipt that had been sent
to Mr. Depper and had been acknowledged by him.
Paul Landell, City Engineer's Office, reported to the City Council
that as of this date no work had been accomplished to correct the creek
obstruction. He again described the obstruction and what remedies
should be made to correct and to avoid possible future problems.
The City Council discussed with Mr. Landell conditions. -that existed on
the Dapper property at this time.
Mayor Schwartz declared the public hearing open.
Robert DeDper, 750 Mt. View Street, representing the property owner,
first objected to being singled out by the City of San Luis Obispo to
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City Council Minutes
November 19, 1973
Page 9
abate and make improvements on his property. He stated that it was
his feeling that there were worse obstructions and abatements required
within the creeks and drainage areas of the City and that the City for
some reason continued to pick on his small problem. He further ob-
jected to being required to improve drainage ditches for the City of
San Luis Obispo. He felt that this improvement had been .known by the
City for at least 15 years and that no action was .taken by them until
last year, and now he was singled out to repair something that was
common knowledge by everyone concerned.
Mayor Schwartz declared the public hearing closed.
The City Council then discussed w.ith Mr. Depper what improvements if
any had been made to the retaining wall on his property.
Mr. Dapper answered that a local contractor, Karleskint -Crum, had com-
pleted the work of reinforcing the wooden wall, and that it was their
opinion that the project was now safe and would need no additional work
to meet City standards.
Mayor Schwartz explained that this work was being reviewed by the Water-
ways Planning Board, who were studying all drainage problems, and that it
was their recommendation that the Depper retaining wall should be abated.
He felt the Council should order the abatement of the obstruction unless
the staff should return and report that improvements made by Karleskint-
Crum were satisfactory and the obstruction no longer existed.
On motion of Mayor Schwartz, seconded by Councilman Brown that, based
on testimony presented to the City Council that they find that the nuisance
existed, but due to a conflict in testimony between the property owner
and the City staff that final action be continued to December 3, 1973 for
investigation by staff and report on the condition of the work that had
been accomplished by that time. Motion carried.
AYES: Councilmen Brown, Norris, Gurnee and Graham
and Mayor Schwartz
NOES: None
ABSENT: None
4. At this time the City Council
appeal request by Chumash Village Mobile
City Planning Commission denying the use
ing occupancy in accordance with Council
No. 586 establishing a building moratori
and Lower Higuera area.
held a public hearing on the
Home Park from an action by the
permit thus temporarily limit -
Ordinance No. 568 and Ordinance
um within the Los Osos Valley
Mayor Schwartz declared the public hearing open.
The City Clerk presented a letter from Richard D. Wood, Attorney for the
property owners asking that the matter be continued as they had not com-
pleted preparation of their appeal for the City Council.
Mavor Schwartz declared the public hearing closed and on recommendation
of City Attorney, A. J. Shaw, the public hearing and appeal was dropped
from the agenda until requested by the applicant to.be reconsidered.
5. At this time the City Council held a public hearing on the
recommendation of the Traffic Committee to install 60 feet of red zone,
which would prohibit parking on the west side of Broad Street north of
Lawrence Drive, and also to trim the hedge at this corner. (Refer to
Traffic Committee item no. 73- 10 -6TC.)
Mayor Schwartz declared the public hearing open.
City Council Minutes
November 19, 1973
Page 10
Robert Clark, 673 Lawrence Drive, was in support of the Traffic Committee's
recommendation in the interest of safety in attempting to turn from Broad
Street onto Lawrence Drive. He felt that cars being parked near the
hedge were a definite safety hazard.
Robert Faulkner spoke in support of the installation of the red zone,
as he felt it would be a help to people making turns from Broad
Street onto Lawrence Drive.
Joe Knotts, 643 Lawrence Drive, also spoke in support of the proposal to
install a red zone and trim the hedge back.
Richard Moe, also spoke in support.and felt that limiting parking at
this intersection and reducing the size of the hedge would be a great
boon to the traffic using this area.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Norris the fol-
lowing resolution was introduced. RESOLUTION NO. 2529, a resolution
establishing a red zone on Broad Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris
and Mayor Schwartz
NOES: None
ABSENT: None
6. At this time the City Council held a public hearing on the
recommendation of the Traffic Committee to red zone and prohibit parking
on the east side of Santa Rosa Street from Palm Street to Mill Street.
M avor Schwartz declared the public hearing open.
No one appeared before the Council for or against the proposal.
Mayor Schwartz declared the public hearing closed.
D. F. Romero, City Engineer, again reviewed for the City Council the
effect of the traffic and parking limitation on this one block of
Santa Rosa Street.
On motion of Councilman Gurnee, seconded by Councilman Brown the
following resolution was introduced. RESOLUTION NO. 2532, a resolution
prohibiting parking on Santa Rosa Street.
Passed and adopted on the following roll call vote:
AYES: Councilman Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT:' None
9:05 P.M. Mayor Schwartz declared a recess.
9:20 P.M. The meeting reconvened with all Councilmen present.
7. At this time, the City Council held a public hearing on the
recommendation of the Traffic Committee to establish a two -hour limit
City Council Minutes
November 19, 1973
Page 11
parking area on both sides of Nipomo Street between Marsh Street and
Pacific Street.
D. F. Romero, City Engineer, reviewed the action being recommended by
the Traffic Committee.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the proposal.
Mavor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham the follow-
ing resolution was introduced. Traffic Committee RESOLUTION NO. 2530, a
resolution establishing two hour time limit parking on Nipomo Street.
Passed and adopted on the follovi,ng roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: None
3. At this time the City Council considered memorandum from the
Planning Commission requesting that an emergency ordinance be. adopted
which would prohibit the issuance of building permits for restaurants
with an occupancy capacity exceeding 100 persons pending action on a
proposed ordinance amendment to require a use permit for such restaurants.
The Planning Commission stated that this action was being taken on a
' protest by property owners.and residents in the area of a new restaurant
proposed for 271 Woodbridge Street. The proposed restaurant would have
a maximum occupancy of 407 persons. The protestants objected to the
proposed restaurant on the basis that it would be inappropriately located
and would cause noise and increased traffic which would be incompatible
with the neighboring residential areas. Owners of adjacent industrial
property were concerned about littering and additional police problems.
The Planning Commission at its regular meeting of November 7, 1973 and
at a study session on November 13, 1973 considered the protest submitted
and reached a consensus that the.zoning ordinance should be amended to
require use permit approval for all restaurants with an occupancy
capacity exceeding-100 persons. It was the opinion of the Planning
Commission that larger restaurants could be incompatible in some locations
because of traffic generated. Under use permit procedure, the commission
would have to make a finding that the proposed use would not be detri-
mental to the health, safety, and welfare of persons working and living
in the vicinity before the use permit could be approved. The Commission
has directed the staff to set for public hearing on December 4, 1973 a
proposed amendment to the zoning ordinance requiring use permit approval
for restaurants with an occupancy capacity exceeding 100 persons in all
commercial zones and in the M industrial district. The Commission there-
fore requested that the City Council adopt an interim emergency ordinance
under the authority of the government code which would prohibit the
issuance of building permits for uses which may be in conflict with the
above proposed amendment until a final decision had been reached on the
contemplated zoning proposal. The Planning Commission felt that the
proposed amendment, if adopted, could be in effect by February 1, 1974.
R. D. Young, Planning Director, reviewed for the City Council a proposal
for a restaurant at 271 Woodbridge Street, the petitions that were sub-
mitted opposing the development of this restaurant and other information
for the City Council relative to this proposed development.
City Council Minutes
November 19, 1973
Page 12
A. J. Shaw, City Attorney, briefly reviewed for the City Council the
action that the Council must take if they wished to enact an emergency
ordinance dealing with zoning problems. He listed the findings that must
be made and the fact that an emergency ordinance must be adopted by at
least a four - fifths vote.
Mavor Schwartz declared the public hearing open.
Charles W. Long, 145 South Street, Village Motel and Mobile Home Park,
opposed the development being planned on Woodbridge Street due to the
annoyance he felt would be placed on his tenants and property. It was
his feeling that there was only one access in and out of the area proposed
for development, that it went along with side of his motel and mobile
home park, that the major amount of traffic would be in the time period
3:00 P.M. to 2:30 A.M. which would create an unbearable amount of noise,
loud mufflers, squeeling tires, etc. He also felt that as this estab-
lishment was being developed for young people, that many would be driving
under the influence of alcohol in and out of this establishment and that
this area of town did not have the traffic patterns for ease of access.
He felt also that this type of operation generated a very heavy level of
participation and there would be a repetitive situation night after night
as happened in the county in a similar development. He felt that due to
the age group and the fact that there would be driving in and out, it
would be an intolerable nuisance to the tenants of his operation.
Mr. Racouillat, Attorney with Fredman, Grundell & Smith, appeared before
the City Council on behalf of John King's request for a building permit
to build a restaurant on Woodbridge Street. He felt that the permit was
authorized in the present zoning ordinance and had just been held up by
petition of residents in the mobile home park who signed thru fear of
want could happen and not what might happen. He felt that on the
positive side the Planning Commission agreed that this type of facility
was needed for the young people of the community in order to possibly
eliminate the so- called T.G.I.F. parties in the City. He urged the
City Council not to use the excuse of zoning control to take care of a
possible police problem. John King, developer of the property, presented
a petition signed by over 600 residents of the City supporting the pro-
posed development of a restaurant at this location. John King continued
that he felt that he and his associates had looked into every possible
problem that could arise from this development and they had attempted
to build a good youth- oriented restaurant for the young adults of the
City. Upon question he stated that his building plans had been filed
with the City for over 60 days, further that the lot was almost five
acres in size with one acre for parking. Further, he said that the
building would be sound proof, using all modern techniques that could be
devised.
Cliff Branch, involved in the development, spoke in support of the pro-
posal and felt there was a need for a youth- oriented restaurant and
hoped the Council would look with favor on their proposal.
Jim Smith, Attorney, spoke in support of allowing this development to
start on Woodbridge Street so that the young adults could recreate. He
asked the Council to look into past achievements of John King and Cliff
Branch in the City and to recognize that they did not do anything in a
poor way.
John Holley, Student Body President, California Polytechnic State
University, spoke in support of the proposed development on Woodbridge
Street for young adults, particularly the students at Cal Poly who had
no place to recreate. He hoped that the Council would keep the young
citizens of San Luis Obispo in mind and not accept the recommendation of
the Planning Commission and deny this development.
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City Council Minutes
November 19, 1973
Page 13
John Rucker spoke in.support.of the proposed development of the
John King restaurant on Woodbridge Street.
Warren Soiersch spoke in support of the proposed development and
was opposed to the attempt by the Planning Commission to deny the use
of the restaurant by retroactive zoning.
t Ms. Valerie Endres, Chairwoman of the Planning Commission, again re-
iterated the recommendation of the Planning Commission in asking for
use permit control on entertainment facilities within the City in
any zone. The Planning Commission wished to review all types of
development.
John Seiten, Student, was in support of the proposed Woodbridge res-
taurant development and objected to the attempt by the Planning
Commission to single out this youth- oriented development for special
zoning control.
Mayor Schwartz declared the Public hearing closed.
Councilman Gurnee stated that he was opposed to the emergency ordinance,
felt that this type of development was needed, the property was properly
zoned, and should proceed under existing regulations.
Councilman Norris stated that he recognized the need for this type of
development but also would support the Planning Commission in their
request in adopting an emergency ordinance as the Planning Commission
had acted unanimously.
Councilman Brown stated that he would support the Planning Commission
recommendation, but did not feel this would stop development. He
recognized it might slow it down a couple of months and felt the City
Council should adopt the emergency ordinance.
Councilman Graham stated that he had no comments.
Mavor Schwartz felt the action by the Planning Commission was a legit-
imate one, but felt that the emergency ordinance was not warranted at
this time due to the facts in this case,,which were that the owner was
following the existing rules and regulations and that he should be
allowed to continue in accordance with existing law, but hoped that the
developers.would meet with the Planning Commission to try and iron out
any conflict in the development of the property.
On motion of Councilman Gurnee, seconded by Councilman Graham the City
Council rejected the recommendation of the Planning Commission and
determined not to enact . the emergency ordinance. Motion carried on the
following roll call vote:
AYES: Councilmen Gurnee and Graham and Mayor Schwartz
NOES: Councilmen Brown and Norris
ABSENT: None
9.
Memorandum
from
D. Williamson,
Assistant Administrative Officer,
regarding
recommended
City
policy on mail
receptacles.
D. Williamson stated that at the City Council meeting held on October 5,
1973, the Council considered a staff report on the matter of mail
receptacles and comments from Mr. Mitchell, Delivery Supervisor, San
Luis Obispo Postal Service. Following some discussion, the Council asked
staff to more clearly define a workable policy. The following policy was
attached for their consideration.
City Council Minutes
November 19, 1973
Page 14
A. Adopt a resolution approving the proposed policy.
B. Enforce the provisions contained in Ordinance 572 in
conjunction with the policy statement until violations
were abated. The abatement procedures should be more
acceptable to an estimated thirty percent (30 %) of
the property owners in violation now that it was
known that they might receive mail at a point near
their doorways rather than out at the street.
C. Establish a phased implementation program wherein each
month property owners in a different geographic area
or neighborhood of the City would be advised of vio-
lations rather than instituting a City -wide mailing
all at once.
D. Schedule all appeals for a specific Council agenda
date at three or four month intervals rather than
scheduling each individual appeal as received.
E. Rescind Ordinance No. 572 following completion of the
abatement program.
The recommended policy would be that all mail and newspaper receptacles
be located on private property behind the street -yard, or building set-
back line. These receptacles should be located not more than 30 feet
from the mail carriers normal route of travel along public sidewalks
or streets. Exemptions to the set -back provisions on private property
are:
A. All mail and newspaper receptacles installed on private
property prior to May 1, 1973.
B. When the average slope of a portion of a street between
two intersecting streets exceeds ten percent (10ro)
C. When portion of a street exceeds ten percent (10 %) slope
for a distance of 400 feet or more.
D. When slope of an individual lot or parcel from the Street
along what would be the mail carrier's normal route of
travel from the street or sidewalk along a walkway or
driveway which lead to the mail receptacle exceeded
ten percent (10 %).
An exception to the requirement that all mail and newspaper receptacles
be located on private property was: Mail and newspaper receptacles
might be located on public property in areas of the City where there
was no sidewalk, subject to property owner obtaining an Encroachment
Permit from the City Engineer's Office.
And finally, it was the responsibility of the City Planning and Building
staff to administer this policy in cooperation with the Postmaster or his
designated representative.
Councilman Norris stated that he was opposed to
citizens remove their mail receptacles which we
and in many cases personally where the property
a very attractive mail and newspaper receptacle
or hurt anyone in its location.
the requirement of making
-e now at the curbline
owners had developed
which would not hinder
Councilman Brown stated that he was in support of moving the mail
receptacles back to the property line as recommended.
Councilman Gurnee stated that he was opposed to the suggestion by the
staff to remove existing receptacles for mail, but felt that any future
installations should not be allowed except on private property.
City Council Minutes
November 19, 1973
Page 15
Mr. Mitchell, representing the Post Office Department, felt that the
new policy was fair not only to the City property owners, but also
to the Postal Service, and he felt that the Postal Department would
go along as long as .there were no apparent conflicts with federal
postal rules.
On motion of Councilman Gurnee, seconded by Councilman Norris that the
City Council adopt the recommended policy for future installations
but reject the recommendation for existing installations. Motion
lost on the following roll call vote:
AYES: Councilmen Gurnee and Norris
NOES: Councilmen Graham and Brown and Mayor Schwartz
ABSENT: None
On motion of Councilman Brown, seconded by Councilman Graham the
following resolution was introduced. RESOLUTION NO. 2544, a resolution
of the Council of the City of San Luis Obispo approving and adopting a
policy regarding mail and newspaper receptacles.
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown and Graham and Mayor Schwartz
NOES: Councilmen Gurnee and Norris
ABSENT: None
10. Following property owners, Priority No. 11 Channel Obstructions,
had been notified to clean the obstructions, no appeals had been filed,
but no clearing of channel had been accomplished, was continued.
Bosier 1730 San Luis Dr. Dead limb
Noggle, J. L. 211 Chorro St. Dead tree
Souza, M. J. 165 Chorro St. Bridge
Tropicana Housing 55 Broad St. Bridge,fence,channel,etc.
Valley Vista Land Co. 255 Elks Ln. Slope protection for
2 trees
11. The slide presentation by the Public Works Department of
Priority No. II waterway abatements was continued.
12. The minutes
from Waterways Plannin
was continued.
13. The request
on two matters brought
November 15, 1973 was
of November 1, 1973 meeting and communication
a Board requesting Council action on several items
from the Waterways Planning Board for Council action
up at their meeting of November o, 1973 and
continued.
14. City Engineer D. F. Romero, presented for the City Council's
consideration plans and specifications for five minor waterway improve -
ment projects to restore areas damaged during the January, 1973 storm.
Estimated cost would be $35,000, which should be eligible for reimburse-
ment from the Federal Government.
On motion of Mayor Schwartz, seconded by Councilman Brown the City
Council approved the plans and specifications of the proposed waterways
improvement projects subject to the staff receiving an okay from the
Fish & Game Commission and Federal fund approval. Only on projects A,
B, C, and D. Project E would be held over for further study of alternate
materials and report back to the City Council. Motion carried.
City Council Minutes
November 19, 1973
Page 16
15. At this time the City Council considered the Tentative Map
of Tract No. 522, Arnold Volnv applicant, 370 Mill Street.
The Planning Commission stated that the tentative tract m
reviewed by the subdivision review board and the Planning
and the tentative map was recommended for approval by the
subject to the following conditions:
A. Developer shall provide utility easements
ante with the requirements of the utility
this included street lighting.
ap was
Commission
City Council
in accord -
companies,
B. Developer shall comply with Planned Development
Ordinance No. 595 adopted by the City Council
September 17, 1973.
C. Street widening shall be dedicated on Peach Street
and curb, gutter and sidewalk and other public improve-
ments shall be installed in accordance with normal
subdivision practices.
D. Developer shall pay a fee equivalent to the fair
market value of land in Tract 522 as based upon the
following acreage formula: .01150 per dwelling unit
or .01150 x 36 units.
E. The developer shall be assessed $1.00 per lineal ft. of
street frontage for the purpose of street tree planting.
F. Developer shall record the covenant insuring maintenance
of the units approved by the Planning Commission November
7, 1973.
On motion of Mayor Schwartz, seconded by Councilman Gurnee the City
Council approved the tentative map with the conditions recommended by
the Planning Commission plus the additional condition that street
lighting be underground. Motion carried.
16. The City Council considered the Tentative Map of Tract No.
523, Charles Kamm applicant, 677 Morro Street.
The Planning Commission reported that the tentative map was reviewed
by the subdivision review board and approved; and subsequently approved
by the Planning Commission subject to the following five special condi-
tions:
A. Developer shall provide utility easements in accordance
with the requirements of the utility companies, this
includes street lighting.
B. The developer shall be assessed $1.00 per lineal ft. of
street frontage for the purpose of street tree planting.
C. Developer shall pay a fee equivalent to the fair market
value of land in Tract 523 based upon the following
acreage formula: .01150 per dwelling unit or .01150
x 10 units.
D. Public improvements shall be installed prior to record-
ing of the final map or occupancy of the units.
E. Developer shall record the covenant insuring maintenance
of the units approved by the Planning Commission November
7, 1973.
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City Council Minutes
November 19, 1973
Page 17
On motion of Mayor Schwartz, seconded by Councilman Gurnee the City
Council approved the tentative map with the conditions imposed by the
Planning Commission plus an additional condition that street lighting
be underground.
Motion carried.
17. The meeting adjourned to 4:00 P.M., Wednesday, November
21, 1973.
APPROVED: February 19, 1974
L� H. � -patrick, City Clerk