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HomeMy WebLinkAbout12/05/1966REGULAR MEETING OF THE CITY COUNCIL December 5, 1966 - 7:00 P.M. CITY HALL Roll Call Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, C1ell W. Whelchel City Staff 1 Present B. M. Walter, Acting Planning Director; W. Flory, Park and Recreation Superintendent, J. H. Fitzpatrick, City Clerk, H. J6hnson,.City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. L. Rodgers; Police Chief;. E. P. Thompson, Water Superintendent. On motion of Councilman Gallagher, seconded by Councilman Spring, the minutes of the meeting of November 21, 1966 were approved. Motion carried. On motion of Councilman Blake, seconded by Councilman Gallagher, claims against the City for the month of December 1966 were approved subject to the approval of the Administrative Officer.* Motion carried. 1.- Mayor Whelchel requested that the City Engineer present Dick Ayers with•s certificate of completion for the Training Course for Waste Treatment Plant Operator. 2. Communication from the Young Men's Christian Association requesting as exempt business license to operate a business within the City of San Luis Obispo from this date to June 30, 1967: The business will-consist of promotion and operation of a Gold Coast Pass Book which will cdnsist of discounts on purchases made in the establishments of subscribing merchants in and around the San Luis Obispo area. Mr. F. Glenn, President of the YMCA, appeared before the City Council on behalf of the.YMCA request and explained in more detail what was proposed -by the club. On motion of Councilman Gallagher, seconded by Councilman.Miller,'that the request was approved to June 30, 1967 at which time the City Council would review the operation prior to issuing licenses subsequent to that date. 3. The following communication was received from the San Luid Obispo City Employees' Association: Honorable Mayor and Members of the City Council Gentlemen: Subject: Vacation, Compensating Time Off, Sick Leave, Cost of Living As President of the San Luis Obispo City Employees' Association, I would like to draw the Council's attention to several pressing inequities in the City's policies toward employees. After a detailed study, •we have found that employees of this city are given the least amount of vacation time of any of the comparable cities in the study and are the only group not allowed to-carry over timer We suggest the following changes in vacation policy: 1. Ten working days vacation for employees who have worked from oie to five years. One additional working day per year up to a maximum of twenty days at fifteen years. Fire Department vacations shall be increased`proportion- ately. 2. Allow a maximum of five days vacation carry-over. This would allow an employee to take an extended vacation trip, something which is not possible under the existing policy. 3. Payment for all vacation acquired at job termination. City Council Minutes December 5, 1966 Page 2 40 Payment of the next regular salary check for the vacation period in advance, if a payday falls within a vacation period. In regard to compensation for overtime or time worked on holidays, it is our belief that the City should adopt a consistant policy. As of now, some employees must take time off, uhile others have their choice of either time off or payment. We suggest that the individual employee be given his , choice in this matter. There would be no cost difference to the City. This is- .eeztainly.not too much to ask, since most City employees are given no incentive over straight time for overtime or work: "performed on holidays. SincsL_the City does not pay for unused sick leaver -as do many agencies, at the time of retirement or job termination, there is no advantage to limit - in.g.sick leave... ..When there is no sick leave limit; :Pt- :removes the tempt$ - tion for an empidiyee to reach the allowable maximum and become °sick" one day per month thereafter. In November of this pear, the Federal Government stated that the cost of living had risen 3.7) in the first ten months of 1966. Salary surveys taken in the first quarter of 1966 showed San Luis Obispo City employees' salaries averaged about 7.5% behind the median of comparable cities. A further survey showed that the average pay raise for the other cities was 4,2%. Our employees received a 2.7% increase. This obviously set us back - ward, putting us now about 9% behind comparable areas. In view of the accelerated cost of living, we are forced to ask the City for a blanket twenty dollar per month raise in salary for all full time employees. This should be effective on January 1, 1967. There is now a widening gap between our salaries and equitable compensation for the work that we do. Our buying power is being reduced very rapidly, as the cost of living is far outstripping pay increases granted in the last few years. We would be glad to discuss this situation with you at any time convenient 1 to yourselves. Please keep in mind that with the adoption of these re- commendations, the employees' fringe benefits would be brought to a par with and not ahead of cities of comparable size and tax base, as is certainly their right. The salary level will still be about 6% behind the median that we are seeking. This situation should be rectified July I; 1967. We suggest that these recommendations be adopted in time to be effective January 1, 1967. Respectfully yours, Paul E. Landell, Jr., President San Luis Obispo City Employees' Association Mr. Landell, Employees' Association President, appeared before the City Council and discussed generally the request of the Employees' Association particularly clarification of Council policy on overtime, sick leave and vacation policies. The matter was referred to the City Council for study. 4. Communication from Gerald R. Ships2Z on behalf of Mr. Terrill, adminstrator of the Estate of Lucille Heydon, requesting that the City Council reconsider the action taken at the November 21,1966 meeting and allow the property at 794 and 782 Broad Street and 738 Mill Street to pay their sidewalk assessments on a three year basis. . ,. 4r. Ships$y stated that Lucille Heydon and John Heydon and Josephine Terrill are deceased and A; L. and E. Osbun are elderly heirs of Josephine Terrill and the notices were unfortunately not delivered to the administrator in time to request the three year payment plan. Therefore, as this payment would be a burden at this time, they ask Council consideration for the three year option payment plan. On motion of Councilman Blake, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1 33, a resolution amending Resolution City Council Minutes December 5, 1966 Page 3 No. 1621 (1966 Series), confirming costs of sidewalks. Passed and adopted on the following roll call vote: AYES: Emmons Donald NOES: None ABSENT: None Blake, Frank Gallagher, Arthur F. Spring Q. Miller, Clell W. Whelchel 5, Communication from Gerald.Shipsey, Attorney for the City of Arroyo Grande, requesting that the City Council reconsider the action of the City of Arroyo Grande in objecting to the inequality of the County charges on the 1p city sales tax imposed under the Bradley -Burns Act. Mr. Shipsey stated that the City of Arroyo Grande would appreciate a resolution- -_ from the City of San Luis Obispo so that all Cities in the County would be treated equitably under the sales tax collected in the County. Mr. Miller, Administrative Officer, explained to the City Council as follows: At the time of original enactment, the cities of San Luis Obispo, Arroyo Grande and Paso Robles agreed to a 9110 of one percent -rate with the County taking the remaining 1 /10th of one percent plus the full cent in the unincorporated areas. Pismo Beach was excused from the 10% reduction because of its poor fiscal condition - with the freeway having cut,a swath through the heart of the City. When Grover City and Morro Bay incorporated, they refused to give any share to the County. The only way the County could apply pressure on them to do so was to ' drop the whole program of state collection, in which case..the County would not be allowed to collect any tax. The city would.collect.its.own• tax, but this would probably result in less collection than under state collection procedures. The City of San Luis Obispo could change its ordinance to set a rate of a full one percent, but this would automatically invalidate the County ordinance. Unless the Board of Supervisors agreed to re -enact the ordinance and agree to the change, the state would cease col- lection, the County would lose all its present revenue and the city would be forced to do its own collecting. - The matter was referred to the City Attorney for preparation of a resolution for the Council's consideration at the December 19, 1966 meeting urging that the County voluntarily allow Arroyo Grande, San Luis Obispo and Paso Robles to raise their rates to the full one percent. 7. - Communication from the M Bern Neon Sian Company on behalf of Van de Ramps Bakery located within the Jordan s Store at 771 Foothill Boulevard, requesting that the City-Council allow the installation of a sign advertising the Van de Kamps portion of the shopping center and feels that under the emergency ordinance passed by the Council, under the definition of use, that they would be allowed additional space for a sign. Mr. B. M. Walter, Acting Planning Director, reported to the City Council that the emergency sign ordinance allows a maximum of 200 square feet of sign area for each use in a C -N District. He stated that the existing sign on the Jordan Building 1 has an area of 140 square feet and an additional sign on the east wall has an area of 20 square feet which is an allowable maximum in the area.' Therefore, the Van-de­ Ka4s sign permit was denied by the Building Department. The Rev. Lauahran appeared before the City Council stating that he was a neighbor of the-Foothill Shopping Center and felt that the existing signs in the Polin Shopping Center were terrible and hoped that the City Council would not allow additional gaudy signs. After discussion by the City Council it was moved by Councilman Spring, seconded-by Councilman Gallagher, that this appeal of Modern Neon Sign Company be denied. Motion carried. E. Traffic Committee Report of November 29, 1966. City Council Minutes December 5, 1966 Page 4 66- 12 -2T, The Traffic Committee has received a request from the Los Padres Motel to move the white loading zone on the south side of Monterey west of the motel driveway to the east side of the driveway. We feel that this is a valid request and will place the loading zone in front of the motel office. At the same timer we recommend that the curbing to,.the west of the driveway be painted back for lOrfeet to discourage motorists from encroaching onto the driveway area. 66- 12 -3T. The Traffic Committee has received a request from Myron Larson for a yellow loading zone in front of the Shell Bulk Plant at 1196 Foothill Boulevard. He has a problem with students parking at night -time and in the early morning hours when he needs this space for loading bulk petroleum supplies. We recommend that. this loading zone be installed from the entrance road to the Mustang Village Apart- ments to the second driveway in front of the Bulk Plant. The 15 feet or so of curb- . ing from that point to the railroad tracks would be painted rea.in:raccordance with an earlier Council action to accompany the traffic signals which will be installed next summer at California and Foothill. 66- 12 -4T, The Traffic Committee has received a request that a stop sign be placed on Amend at Mission and that a Yield sign be placed at the end of the alley enter- ing Mission. Traffic flows have increased in this area with the development of the Tropicana Village Apartments and the many students who use Mission Street as a short cut to the downtown area. We so recommend. 66- 12 -5T. We have received a request for a stop sign on Atascadero at Oceanaire anU ee that this would be desirable. We so recommend. 66- 12 -6T. We have received a request for a red zoneing in front of the Standard Station on the east side of Higuera South of South Street. Lie recommend that two car spaces be so designated, as this will facilitate right hand turning movements at the signal. On motion of Councilman Blake, seconded by Councilman Spry, the following resolution was introduced. Resolution No. T632, a re�so uution establishing parking regulations on Monterey, Foo , Almond,, the alley between Almond and Broad, Atascadero, and Higuera. Passed and adopted on the following roll call vote. }7 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 66- 12 -1C. The Traffic Committee has looked at the problem of congestion at Lizzie and Jo on and feels that this condition would be improved if Lizzie were channel- ized for right hand and left hand turning movements entering Johnson. This would require the painting of 60 feet of red zone on both sides of LizzieLleast of Johnson. If the Council concurs with us that this would be a good improvement, ,it is suggested that the City Clerk be instructed to write the property owners on Lizzie, advising them of the suggested change and inviting them to a subsequent Council meeting for a hearing on the subject. The City Clerk was requested to notify the property owners to attend the Council Meeting on this recommendation. 66- 12 -7C. On the Council's suggestion that we study the advisability of eliminating right 17nd turning movements from the A & W driveway as motorists enter Olive Street, we recommend against this for several reasons. In the first place, we doubt that it would be legal to control movements from the driveway unless we made Olive a one way street. In the second place, we feel thAt such a move would merely compound the traffic congestion problem, with.the youngsters circling the block in a counter- clockwise direction instead of the clockwise direction as at present. 66- 12 -$C9 In accordance with the Council's request that we study the matter of further parking restrictions in the vicinity of Tropicana Village, we still feel that we should observe the effect of the present restrictions on Broad Street and await definit;6-'requests from residents on Meinecke, Benton, and Murray before taking L L' 1 City Council Minutes December 5, 1966 Page 5 any further steps to- restrict parking. in. this residential area, The City Council concurred in the Traffic Committee's recommendation. 17. Communication from the San Luis Obispo National Bank requesting that the City grant a variance for a wider driveway to serve the Purity Store,:3an Luis Obispo National Bank Parking Lot from Nipomo.Street. On motion of Councilman Miller, seconded by Councilman.Gallagher, that the City grant a variance for a wider driveway from Nipomo Street. Motion carried. On motion of Councilman Miller, seconded -by Councilman Blake, that the Mayor write to the Purity Stores and ask them if they could remove their sign from the corner of Broad and Marsh Streets in the decorative area. Motion carried. Councilman" Gallagher voting no. 9. Communication from the San Luis Coastal Unified School District notifying the City Council that they were in accord with the City's agreement regarding the widening of San Luis Drive except that the School District wished the agreement.'-- amended that the work would be done"during the 1967/68 fiscal year instead of the phrase "when the appropriate funds are available to the City ". The School District also asked that the drainage work required by the District be included in the contract for construction of the road improvements and that the School District would be billed for its sharer Mr. Romero, City Engineer, explained that when initial negotiations were made no mention had been made as to responsibility for modifications to facilities on the School property, therefore he would include "these in the agreement as a responsi- bility of the School District. The School District also wished for the City to ' contract for the entire project and bill the District for the District's shake of the cost. On motion of Councilman Spring, seconded by Councilman Gallagher, that the street widening program be considered at the 1967/68 budget, and notify'the School District that they will try to include it in the 1967168 budget. Motion carried. 10. The City Attorney, H. Johnson, presented for the Council's consideration: A. Agreement with Westside Auto Parts providing for the extension of sewer and water transmission lines.and,the payment therefor. B. Deed of Trust and Promissory Note to secure payment for said extensions. Mr. Johnson stated that the documents were in order for the Council's action. On motion of Councilman Blake, seconded by-Councilman Gallagher, the following resolution was introduced. Resolution No. 1623, a resolution authorizing execution of agreement between the City of San Luis Obispo and Westside Auto Parts. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller., Clell td. Whelchel NOES: None ABSENT: None 11. -At this time the City Council considered the agreement between the Maino Construction Company, Inc.,,and the City of San Luis Obispo for inspection fees for Tract No. 347 and for cost's of oversize improvements required by the City. On motion of Councilman Gallagher, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1634, a resolution authorizing the Mayor to execute the agreement for inspection fees for Tract No. 347. Passed and adopted on the following roll call vote: 9 City Council Minutes December 5, 1966 Page 6 AYES .-Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES None ABSENT None 6.. At this time the City Council held a public auction of real property surplus ' to the needs-of the City along Buena Vista Street to the rear of Block 38 of the Phillips Syndicate Addition. The City Clerk•pead the description of Parcel No. 1 and the conditions of sale and the City Engineer presented a map showing the property being sold at public auction. Parcel No. 1 adjacent to Lots 1, 2, and 3 Block 38. Mayor Whelchel declared the public auction open. Dr. Kennel .bid $3,212 and Mrs. L. Green bid $3,2279 After fifteen-separate bids on the props y, Dr. Kennelly bid $4,050 which was the final offer and was accepted by the City Council. 'Farcel No.2 adjacent to Lots 4.5, and 6, Block 38 was put up for sale. Mayor Whelchel asked for bids and Dr. Kennelly bid the minima* bid of $2,915 which was accepted by the Council. On motion of Councilman Blake, seconded by Councilman Gallagher the following ordinance was introduced. Edinance No. 3 1, an ordinance confirming the sale and agthorizing execution of the deed to certain property adjacent to Buena Vista Street. Introduced and passed to print on the following roll call vote: , AYES ;_ Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Olen W. Whelchel NOES None ABSENT None 12. Mayor Whelchel, Chairman of the City's Sign Committee, reported to the City Council on the progress to date on the preparation of the comprehensive sign ordinance for the City. Mayor Whelchel stated that the Committee had been meeting at least two times a month since appointed in January, and felt that the ordinance for Council con - sideration would be ready in January 1967 at.which time the Council could set hearings for its adoption. The City Council also considered the extension of time for the emergency ordinance on signs adopted September 19, 1966 that expires on December 17, 1966. Mr. Johnson, City Attorney, stated that the City Council could extend the emergency ordinance for up to one year but before such an extension a public hearing must beheld. ' Therefore, the City Council set a public hearing for De-c'ember 19,E 1966 for a six month extension of Ordinance No. 3549 13. At this time the City Council considered the request for additional install- ation of trash containers in the City of San Luis Obispo.- Councilman Miller. stated that he had been approached on this matter in an attempt to discourage litterbugs from throwing debris on the streets which might be avoided if trash containers were available. Mr. Dunin, representing the Tourist and Convention Committee of the Chamber of oGTrmiere, urged the City Council to take whatever steps were necessary to provide. City Council Minutes December 5, 1966 Page 7 additional containers in the downtown area'as he felt if containers were available they would be used and would eliminate much of the debris in the City. Mr. Dunin continued that it is the intention of his Committee to work up a clean up, paint up campaign to make the.City more attractive for visitors and residents. The City Engineer was requested to look into the cost of containers and the cost of emptying the containers by the City. 14. Communication from the Park and Recreation Commission recommending that no action be taken as far as holding a public meeting on the future of San Luis Obispo Creeks until the Hahn and Wise Open Space and Recreation Report, Part II, has been studied by the Planning Commission,' Park Commission -and. City Council so that a satisfactory plan can be formulated for participation• by the citizens and City. The Communication was received and filed. 15. Communication from the Division of Highways notifying the City Council of their intention to relinquish the highway .right of way to •the 'City in' accordance with the freeway agreement between the State and the City of San Luis Obispo. This relinquishment consists of portions of Madonna Road which approaches the Madonna Road Overcrossing. Mr. Romero, City. Engineer, stated that this was part.of, the freeway agreement entered into by the.City,-but that he would ask the Division of Highways'if they could'seal coat this approach prior to rel nquishment-by -the City. The communication was received and filed. 16. At this time the,City Council discussed the need of_ sidewalk repair at Archer Street, east of Marsh Street'and'also the access from Archer Street to'serve the Ranchotel San Luis motel and cafe'. Councilman Spring stated that he had investigated this matter at the request of the property owner and while he agreed that the sidewalk was not smooth, he did not feel that the entire sidewalk should be replaced as required by the City Engineer but only that portion.of, the- sidewalk needing repairs should be replaced. Mr. Spring continued that this sidewalk 'had been in existence for many years under prior ownership and apparently the surface had been satisfactory at that time. Council'man'dallakher'agrged with Mr'.` Spring' s statements and further felt 'that the restaurant should be allowed to have access onto Archer 'Street� and not ,be required to walk along to.the motel driveway as he felt it would be safer if direct access were allowed•from the coffee - sho 'to.'the street.'` Mr. Romero, City Engineer, explained that the sidewalk had been installed- without a 1. permit and was far from meeting minimum City standards regarding quality` ofrfinish* work. The sidewalk had been 'posted by his office as soon as he had become aware that such a defective sidewalk existed and after Mr. White had had a reasonable time to comply with his verbal agreement to replace this sidewalk. Mr. Romero explained that several hazardous defects existed in the sidewalk The remainder of the walk was merely poorly finished, however, if.a finish of this caliber is permitted to remain after City notice, there is�ai. implied sanction of this level of work and serious difficulties in enforcing good quality work on other projects throughout the Community. The City Council discussed the extent of defects on this sidewalk and the fairest approach to the property owner to correct these defects. On motion of.Councilman Sorins,.1seconded by Councilman Gallagher, that the City. require only that the defects in this sidewalk to be repaired at the owner's expense. Motion carried. The matter of access from the coffee shop to Archer Street was referred to the Planning Commission for study and report to the City Council. 18. On motion of Councilman Blake, seconded by Councilman Spring, the following City Council Minutes December 5, 1966 Page 8 ordinance was introduced for final passage. Ordinance No. 357, an ordinance rezoning property on Broad Street from R -2 to R -0 land use district. Finally passed on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 19. On motion of Councilman Gallagher, seconded by Councilman Miller, the following ordinance was introduced for final passage. Ordinance No. 358, an ordinance govern- ing the disposal of Septic tank cleanings. Finally passed on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 20. on motion of Councilman Gallagher, seconded by Councilman Millet, the following ordinance was introduced. Ordinance No. 359, an ordinance regulating vehicles illegally parked on private or public property in the City of San Luis Obispo. Introduced and passed to print on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 21. At this time the City Council considered the adoption of Ordinance No. 360, an ordinance amending portions of Article III, Chapter 1, Part 2, of the San Luis Obispo Municipal Code, to adopt the Uniform Fire Code. Mr. Johnson, City Attorney, stated that as this ordinance was adopting a code by reference, a public hearing must be held prior to introduction. On motion of Councilman Miller, seconded by Councilman Gallagher, this matter was set for public hearing on December 19, 1966. Motion carried. 22. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1624, a resolution increasing the 1966/67 budget. passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 23. The City Clerk reported on the following bids received for a Comprehensive General Public Liability Policy and Automobile Fleet Insurance Policy for the period December 7, 1966 to December 7, 1967. 1. San Luis Insurance Agency Ken Boraker, Agent PACIFIC INDEMNITY COMPANY $12,127.00 1 L 1 City Council Minutes December 5, 1966 Page 9 2. Michael R. Paris, Agent GREAT AMERICAN INSURANCE COMPANY $112000.00 3. Atkinson 6 Hollister, Agents FARMERS INSURANCE GROUP 112700.00 R. D. Miller, Administrative Officer, and J. H. Fitzpatrick, City Clerk, recommended that the low bid of Great American Insurance Company be accepted. On motion of Councilman Gallagher, seconded by Councilman Miller, the lowest bid meeting the specifications was accepted and the bid awarded to Great American Insurance Company. Notion carried. 24. On motion of Councilman Gallagher, seconded by Councilman Blake, the following contract payments were approved and ordered paid. C. S. CONSTRUCTION COMPANY Est. #2 (75% complete) $13,957.49 Street Resurfacing Project BURKE CONSTRUCTION COMPANY Est. ,#2 (63% complete) 42204.02 Municipal Parking Lot No. 11 Notion carried. 25. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor was authorized to accept and record on behalf of the City the following grant deed and agreement for street widening. Motion carried. A. Grant Deed and Agreement from the-San Luis Obispo Company of Jehovah's Witnesses for street widening on Foothill Boulevard. 26. At this time the City Council discussed a draft of the letter to the County Supervisors regarding the purchase of the Salinas Dam and several Councilmen felt that the letter was not strong enough or did not emphasize the City's position in this matter and felt that some of the points should be more strongly emphasized so that there would be no question in the mind of the public as to where the City stood in this important matter. After discussion by the City Council, it was moved by Councilman Miller, seconded by Councilman Spring, that the City Council again meet with their Special Water Consul- tants and review the entire matter before submitting a letter to the Supervisors. Motion carried. 27. Mr, Romero, City Engineer, made the following progress report on street widening on the City priority list: WEST SIDE OF SANTA ROSA ST. BETWEEN MONTEREY AND PALM: A contract has been awarded and work has commenced for modification of the Barcellos porch. The City has come to verbal agreement with Standard Oil engineers regarding modification to the Standard Station and should have plans and specifications ready for Council review and approval by the December 19th meeting. WEST SIDE OF SANTA ROSA ST. BETWEEN PALM AND MILL: Agreements have been roughed out for the three properties between the alley and Mill Street. The owners of the Johnson and Adamski properties have been contacted and a verbal offer made. In each case the property owner's comment was that the offer (based on 4 times the assessed valuation) was inadequate. An appointment has been set up for nest week with a representative of Mr. Barbee who is out of the country. EAST SIDE OF JOHNSON AVENUE NORTH OF LIZZIE ST.: Agreements have been roughed out for the five properties involved. A verbal offer has been made to Mr. McReen, who commented that the City's offer for the land, based on four times the assessed valuation, is inadequate. Other property owners, with the exception of Bilodeau, will be contacted during this nest week. City Council Minutes December 5, 1966 Page 10 ORCUTT ROAD: Our estimate for the total amount of the work involved in a full width widening of Orcutt Road between the Southern Pacific Railroad and Fernwood Drive is $45,000.00. This includes full public improvement costs, modifications to private properties7as called for by City policy, and property acquisition costs. Report received and filed. 28. Communication from Pacheco School PTA requesting that the City Council consider some safety precautions for the protection of the children at the intersection of California Boulevard and Mill Street. A number of children must use this crossing.in order to attend the elementary school on Grand Avenue. The City Traffic Committee reported that the City Engineer will install painted school crosswalks at this intersection and that the City Clerk would notify the PTA of this action. 29. On motion of Councilman Spring, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1628, a resolution urging the Planning Commission to deny approval of service stations except in commercial zones where sites meet all City requirements. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 30. At this time the City Council considered the agreement between the City of San Luis Obispo and Pacific Western Contractors for drainage control for the Madonna Road Plaza Development. On motion of Councilman Gallagher, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1630, a resolution authorizing execution of agreement between the City of San Luis Obispo and Pacific Western Contractors, Inc. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1626, a resolution ordering the condem- nation for drainage easement over the Leale property. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None Mr. Johnson, City Attorney, suggested that in accordance with the provisions of the agreement that the developer will pay for all court costs in this matter. He suggested that in order to keep the legal costs under control that a separate attorney be retained to handle this condemnation. 1 1 City Council Minutes December 5, 1966 Page 11 Mr. Johnson recommended that Mr. Steve Crossman who had been acting City Attorney for the City when this matter came up be retained. On motion of Councilman Gallagher, seconded by Councilman Spring, the recommendation of the City Attorney was accepted and Mr. Crossman was retained as special counsel. Motion carried. ' 31 On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1627, a resolution of application of the City of San Luis Obispo to the San Luis Obispo County Local Agency Formation Commission relative to.a proposal to annex territory to the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Emmoas Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Mailer, Clell W. Whelchel NOES: None ABSENT: None 32. Consideration of the agreement between the City and the Young Brothers Invest- ment Company for sewer and water utilities on Edna Road was ordered held over. 33. Communication from the City Clerk requesting correction of a clerical error, Assessment No. 3659 on the 1966 /67 Assessment Roll was approved on motion of Councilman Blake, seconded by Councilman Miller. Motion carried. 34. D. F. Romero, City Engineer, explained that the Phillips Lane Bridge crossing over the Southern Pacific tracks was failing and that a cost considerably in excess ' of one thousand dollars would be required to repair the structure. He asked guidance from the Council as to whether the Council wished to permit Southern Pacific to remove the structure or whether the City Council desired that the City make repairs and thereafter maintain this facility. It was the general consensus of the Council that, since the City was not on official notice, there was no urgency in making this decision. The City Engineer was instructed to make an estimate of the cost of the repairs. 35. Councilman Donald Q. Miller brought to the Council's attention the matter of the water bill for Elmo Sims, 1528 Monterey Street, for the period April 18, through June 17, 1966 which involved an overcharge of $5.25 which was due to a leak caused by the City and that the property owner did not feel that he was liable. After some discussion by the City Council that this leak was due to City mistake, it was moved by Councilman Miller, seconded by Councilman Spring, that $5.25 charge be dropped from this account. Motion carried. On motion of Councilman Miller, seconded by Councilman Gallagher, the meeting adjourned. Approved: December 19, 1966 -, -.01-1' . H. F1 ZPATRICK CITY CLERK