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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 U 1 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. • 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 7 LA r � �J 1 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 , 1 L J 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. 1 J L 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. [J 1 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