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05/20/1968MINUTES ADJOURNED MEETING OF THE CITY COUNCIL May 17, 1968 - 11:30 A.M. CITY HALL Roll Call Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q.-Miller, Clell W. Whelchel City Staff 1 Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer. Also present were the following members of the San Luis Obispo Board of Director of the Chamber of Commerce. 1 Robert Neal, Robert Jansen, Walter Lerette, Lee Balatti and Jim Kimball. 1. The.City..Council discussed with the Chamber Board of Directors items proposed in the 1968 -69 budget for Chamber of Commerce contract and the advertising and promotional.budget for the next fiscal year. The City Council also discussed with the Chamber Board of Directors-the respective roles-in chamber operation and future plans for achieving goals on.tourism, promotion, etc. It was agreed that the County EDC was to be asked to take over more of the load in industrial.promo.tion and that the local chamber manager should devote more of his time to development of tourism and local business. The Council also discussed in detail the manner in which Mr. Wallace was performing his job. 2. The City Council then continued their budget study starting with Page 62 and ending with Page 86. On motion of. Councilman Gallagher, seconded by Councilman Blake, the meeting adjourned. Motion carried. APPROVED: June 3, 1968 ' H. FITZPATRICK CITY CLERK Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL May 20, 1968 -.7:00 P.M. CITY HALL Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel City. Staff. Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; W. E. Flory, Park and Recreation Director; H. Johnson, City Attorney; D. F. Romero, City Engineer; R. D. Miller, Adminis- trative Officer; L. Schlobohm, Fire.Chief; E. L. Rodgers, Police Chief; E. P. Thompson, Water Department Director. City Council Minutes May 20, 1968 Page 2 On motion of Councilman Miller, seconded by Councilman Gallagher, the minutes of the meeting of May 6, 1968 were approved. Motion carried. On motion of Councilman Gallagher, seconded by Councilman Miller, claims against the City for the month of May 1968 were approved subject to- the'approval of the Administrative Officer. Motion carried. 1. Communication from the Retail Merchants Commitee requesting Council permission to operate a Flea Market promotion in downtown San Luis Obispo on Saturday, July 27, 1968. The Committee plans on renting space for Flea Market vendors for $4.00 for the day plus $1.00 additional for-City licenses for one-day for persons not regularly engaged in business. They requested that Higuera-Street from Morro - Street to -Broad Street be closed-on July 27, 1968 to operate the Flea Market. The second choice would be Higuera Street from Chorro Street to -Broad Street plus Garden Street to Marsh Street. - Duane Brooks, representing the Merchants- Committee, appeared before the City Council in support of the request of the Committee. Police Chief E. L. Rodgers appeared before the City Council and stated he would be- opposed to closing Higuera Street to traffic as this is a one way street and it would be difficult to route traffic through the downtown area or around town if this'street were closed. Fire Chief Lee Schlobohm stated that he had no recommendation to make to the City Council at this time until he sees what plans the Merchants Committee have made for safety vehicles. Mayor Whelchel stated at first glance that he would be opposed to closing Higuera Street all day for a sales promotion'. He asked the Committee if they could use Parking Lot No. 2 and Garden Street between Higuera Street and Marsh Street for this promotion. Councilman Gallagher stated that he felt he would also be opposed to the closing of Higuera Street but that maybe the Committee could look into closing Chorro Street between Higuera and Marsh Streets-and Garden Street between Higuera and Marsh Streets. R. D. Miller, Administrative Officer, suggested the Committee use Parking Lot No. 4 on Chorro and Riley's Parking Lot at Marsh and Chorro Streets. Mayor Whelchel stated that apparently the City Council did not oppose the Flea Market promotion but are concerned about the traffic problems in closing the City's main street. He suggested that Mr. Brooks -go back to the Committee and discuss the suggestions made by the City Council and staff. The matter was continued to June 3, 1968. 2. Request from Fred'Schofield for exception to sidewalk driveway cut to allow a 21 foot opening at 1503 Osos Street. D. F. Romero, City Engines-, explained the problem in that Mr. Schofield was "placing three garages under an apartment in order to comply with the zoning requirements but that due to the restricted area of the lot it was impossible for a -legal driveway to allow three cars to enter the property. D. F. Romero stated"he "had no 'objection to the City 'Council granting this exception but only the =City Council could' do this'. ' •, V 1 1 1 1 1 City Council Minutes May 20, 1968 Page 3 On motion of Councilman Miller, seconded by Councilman Gallagher, that a.21 foot driveway ramp be allowed at 1503 Osos.Street. Motion carried. 3. Request from the Disabled American Veterans for an exempt business license to sell tickets for a donkey baseball .game to be held.in San Luis.Obispo on May 30, 1968. On motion of Councilman Gallagher, seconded by Councilman Miller, an exempt license was authorized for the DAV donkey baseball game. Motion carried. 4. .Communication from Radio Station KATY requesting that they receive a copy of supporting items along with.the City Council agenda for each Council Meeting. Mayor Whelchel stated that .up to last .week he was not aware that the newspaper was receiving agenda items addressed to the City Council. He questioned whether communications addressed to the.Mayor or-City Council should be given to the news media prior.to the City Council taking action on their receipt. . He asked the City Attorney at.what point was information in the City Hall public to anyone who ,desired to see it. H. Johnson, City Attorney, explained public-documents and public records as follows: Any writing or document that pertains to, or affects, the public at large or the community and is, therefore, a matter in which the public has an interest becomes a public record when it is delivered to the City Clerk or some other public official at the City Hall. This does not mean that each letter which the Mayor or Councilman receives in their own post office box or at home falls into this category. Nor does it mean that every letter received in the Clerk's Office has to be placed on the City Council agenda. However, once it is decided to place it on the agenda, the writing falls into the public domain. Councilman Blake stated that he felt it was a good idea to share this information with.the. various news. media which insured the..public's right.to know what was being considered by the City. Council... y .. Councilman Gallagher stated he felt that all information should be made available to the news media and to the public if they so request. On motion of Councilman Gallagher, seconded by Councilman -Blake, that the request of KATY be approved and any other similar request from other news media was to be approved. Motion carried. 5. Communication from the Division of Highways notifying the City Council that they will issue the City an encroachment permit for landscaping and pedestrian access across their portion of City property at Santa Rosa and Walnut Streets. On motion of Councilman Blake, seconded by. Councilman Gallagher, the Mayor was authorized to sign the application for an encroachment permit. Motion carried. 6. D. F. Romero, City Engineer, presented to the City Council plans and specifica- tions. for ,the;.installation.of._a traffic. signal at Mill .and California Streets.. •. D. F. Romero explained the scope of the project and types of equipment to be included in the project. On motion of Councilman Miller, seconded by Councilman Gallagher, plans and specifications.were approved and the City Engineer was authorized to advertise for bids. Motion carried. 7. D. F. Romero, City Engineer, explained that the tree planting deposit for Tract No. 322 would cover planting at this time, which would imply City maintenance of the trees throughout the Summer at substantial cost to the City, but that the . tree planting .would.not..cover.costs..this Fall.when.the trees could be expected to be able to survive without care. He requested Council guidance regarding the approach to be followed. City Council Minutes May 20, 1968 Page 4 R. D. Miller, Administrative Officer, suggested that the City deposit this check and offer each new property owner a tree to be planted at the time the buildings are built. On motion of Councilman Gallagher, seconded by Councilman Spring, that the City accept the deposit from the developer and give each new home owner $11.00 if he will plant a tree as required by the City. Motion carried. Councilman Miller voting no. 8. D. F. Romero, City Engineer, presented for the Council's information and for guidance of his Department, preliminary plans for the construction of the realign ment of `Monterey Street. Mr. Romero pointed out that Mr. Taylor, the Landscape Architect was proposing to make a presentation to the City Council at the June 3rd meeting and that this would-make an extremely tight schedule for his Department to complete all plans for the Monterey Street Realignment by June 176. He was therefore asking for guidance on several matters which would allow him to continue work on the construction plans during'the next two weeks.- The Council was generally agreed that the limits of the street realignment work would be the Easterly curb line'of Broad Street and the Westerly curb line of Chorro Street, that the contract for street work would call for removal of all sidewalk and street paving up to the Mission.property,.that. the street would be of colored concrete with a texture, and that the sidewalks would be of exposed aggregate with paving blocks and tree wells at intervals. 9. Communication from the San Luis Obispo Garden Club notifying the City Council they wish to go on record as opposing the realignment'of Monterey Street and Chorro Street. Communication received and filed. 10. Communication from the San Luis Obispo Garden Club notifying the City Council Y that they are opposed to the "Jack in the Box Restaurant" setting up business in the Foothill Boulevard area which would necessitate the removal of lovely trees which would destroy a beauty spot in the City. The City Council requested the Planning Director and City Engineer to work with the developers of the "Jack in the Box Restaurant" to see what could be done to save the trees on the property. 11. Traffic Committee Report-of April 18, 1968. 68- 5 -5T:'- The City Engineer has prepared a study of appropriate locations.on upper Monterey Street and throughout the downtown area pointing to the various freeway entrances. We feel that these signs are badly needed and recommend that forty -seven signs be installed at an estimated cost of about $1,000.00. D. F. Romero, City Engineer, presented a map showing the proposed locations of the freeway directional signs. The City Council discussed with the City Engineer the proposed sign locations making 1 suggestions for additions or deletions. On motion of Councilman Gallagher, seconded by Councilman Blake, the recommendation and locations were approved as amended. Motion carried. 68 -5 -6T. A traffic hazard has been noted.on Pismo Street and Toro Street because of the jog in-the Street. The Traffic Committee feels that if seventy -eight feet of red zone were installed on the northerly side of Pismo extending in an easterly direction from Toro and fifty -four feet of red zone were installed along the southerly side of Pismo extending westerly from Toro; the problem would be largely eliminated. If the Council concurs, it is suggested that a public hearing be and the City Clerk be asked to advise the affected residents. 'J City Council Minutes May 20, 1968 Page 5 D. F. Romero, City Engineer, presented a sketch showing the traffic pattern if the curbs were painted as recommended by the Traffic Committee. He stated he felt that if the restricted parking was placed that the traffic would be much safer at this intersection. He then presented a sketch showing the physical removal and the setting back of curb, gutter and sidewalk on the two corners in question which he stated would be ' a better approach but would cost approximately $2,616.25 including land acquisition. The matter was continued to the June 3, 1968 meeting so that the City Council could take another look at the intersection considering both proposals. 13. On motion of Councilman Blake, seconded by Councilman Spring,.the following ordinance was introduced for final passage. Ordinance No. 400, an ordinance rezoning property located at 14 Broad Street on the east side of Broad Street between Foothill Boulevard and Meinecke Avenue from R -3 to C -N 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 14. On motion of Councilman Blake, seconded by Councilman Gallagher, the following ordinance was introduced and passed to print. Ordinance No. 409, an ordinance• regulating the erection and maintenance-of barbed wire fences within 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 15. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced for final passage. Ordinance No. 417, an ordinance imposing a 5% tax upon the privilege of transient occupancy and providing for the collection thereof. 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 16. The City y Attorne presented for the Council's consideration an ordinance amending the grading ordinance and certain language in the Building Code dealing with excavations and storage of fill materials on property. The City Council discussed the provisions of the proposed ordinance but felt that some time limit should be set in the ordinance so that these properties would not stay unsightly forever. A suggestion was made.that permits could be granted by the Engineer for one year with.extensions made only by the Council. 0 City Council Minutes May 20, 1968 Page 6 The proposed ordinance was re- referred to the-City Attorney for preparation of an amendment on time limits, etc. 17. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was infroduded.' -Resolution No. 1815,'a -resolution transferring funds within the Whale Rock Budget for 1967 -68. Passed and adopted on the following roll call vote: 1 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 18. D. F. Romero, City Engineer, presented for the City Council's consideration an agreement between the City of San Luis Obispo and San Luis Properties, Inc., developers of Madonna Road Plaza for improvements to said shopping center. D. F. Romero explained that the provisions of the agreement were similar to the normal agreement for subdivisions with the following special conditions. (1) Developer will pay a proportionate share of the water main on Madonna Road (965 ft. @ 1.83290425/ft. _ $1,768.75), and the water acreage fee (28.149 net ac. at $350 /ac. _ $9,852.15) prior to the commencement of water service. (2) Within 30 days after acceptance of the waterline improvements and receipt of a certified statement of cost covering such improvements, City will pay for difference between an 8" and a 12" waterline on Riskas Road. Developer shall be entitled to such reimbursements as are specified under Section 7410.7 of the San Luis Obispo Municipal "Code. (3) Developer shall dedicate widening on Madonna Road, construct curb, gutter and sidewalk and bring the street to subgrade. The City will place base and paving on this street. (4) The City will reserve a 1 foot non - access strip on the South side of Riskas Road. Subject to receipt of a certified statement of cost from the developer, he shall be entitled to reimbursement from the adjacent property owner, including land cost, for all improvements serving the South side of Riskas Road as determined by the City Engineer prior to release of access rights across said 1 foot strip. Reimbursement to the Developer shall be applicable until December 31, 1982. (5) Developer shall pay the City the sum of $2,018.71 for a-proportionate share of the capacity provided in the sewer lift station and trunk lines serving this area. (6) Developer shall be entitled to such reimbursements as are specified under Section 7500.7 of the San Luis Obispo Municipal Code. (7) It is mutually agreed that grading permit fees ($226) will be deposited with other inspection fees for the development and that these funds will be treated as normal inspection fees. (8) Developer shall dedicate an easement for drainage covering the major 1 storm drain facility which traverses the property. He recommended to the City Council that this agreement be approved. H. Johnson, City Attorney, stated the agreement is legally correct and recommends its acceptance by the City Council. On motion of Councilman Gallagher, seconded by Councilman Miller, that the agreement be approved and the Mayor be authorized to sign on behalf of the City. Motion carried. Mr. Johnson was asked to bring back an amendment to the appropriate ordinance allowing 15 year refunds on sewer and water extensions instead of the present 10 year limit. City Council Minutes May 20, 1968 Page 7 19. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor was authorized to sign the escrow instructions for purchase of the filtration plant property from the State of California pursuant to the lease - purchase agreement dated 1963 with Cal Poly. 8:50 P.M. Mayor Whelchel declared a recess. 9:00 P.M. the meeting reconvened with ' all Councilmen present. 12. George Wofford, Assistant District Engineer for Planning, District 5, Division of Highways, appeared before the City Council to present additional :information requested by the City Council on additional studies for Route 101 through the Cuesta Canyon. He continued that the purpose of these studies was so that the local Division of Highways could begin planning the project so that plans could be ready when the traffic needs-dictated improvements. He continued that during all these studies the staff studied 15 separate alignments of the highway and various combinations of these alignments. He continued that the instability of the soil on the eastern slope of the canyon, made it practically impossible to stabilize the sides of the mountain to hold a road. He then presented a sketch showing the results of the tunnel -study prepared at the request of the City Council. He stated that the study showed the north bound traffic being carried generally along the present highway alignment and the south bound traffic using a tunnel under the grade. He continued that the cost of this project would be approximately $75,600,000. $50,000,000 for the tunnel alignment which would be 7,000 feet long and the $25,600,000 for roadway excavation, etc. 1. This tunnel.proposal would be almost $34,000,000 higher than,the original proposal by the Division of Highways. George Wofford then stated that after this presentation this evening, the local Division of Highways would send to the California Highway Commission all their studies,.recommendations and transcripts of the two public hearings held prior to this date and any public documents submitted by public agencies or private individuals upon which the Highway Commission could study and make their recommendations or they could reject the entire proposal. The City Council discussed with Mr. Wofford various proposals for improvement to Route 101 over the Cuesta. Mayor Whelchel. stated he could not see any.reason -to adopt the proposed route study at this,time as he feels there are greater highway.needs in-this County. For example, he feels there is a greater need for a route improvement on 227 from San Luis Obispo to Arroyo Grande and Route 1 from San Luis Obispo to Marsh Street. He urged that the State hold these studies up for at least ten years except for the possibility of installing a third lane on the north bound highway of the Cuesta for the use of slow .moving trucks. . Councilman Blake stated he did not feel that these studies should be.held over for ten years as he felt that the Division of Highways must try to keep up with traffic needs and technology of the future. Councilman.Gallagher agreed.with Councilman Blake that studies must be continued.so that future traffic needs may be taken care of as they are required. Councilman Miller stated he was-opposed to the studies being conducted at the present time but felt that regardless of what,action was taken,,the Division of Highways would continue to study as.they saw fit. City Council Minutes May 200 1968 Page 8 On motion of Councilman Miller, seconded by Councilman. Spring, that the City Council of San Luis Obispo "go on record opposing the recommended "realignment of Highway i, Alternate E, Alternate E Revised and Alternate F as presented by the District 5 Engineers. The City Council favors further exploration in the utilization of the tunnel plan and the utilization of the existing 101 alignment through the Cuesta Canyon. Motion carried on the following roll call vote: 1 AYES: Donald Q. Miller, Arthur F. Spring, Clell W. Whelchel NOES: Emmons Blake, Frank Gallagher ABSENT: None On motion of Councilman Miller, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1819, a resolution requesting the Division of Highways to add Route 227 between San Luis Obispo and Arroyo Grande to the California Freeway and Expressway System. passed and adopted on the following roll call vote: AYES: Donald Q. Miller, Arthur F. Spring, Clell W. Whelchel NOES: Emmons Blake, Frank Gallagher ABSENT: None 20. On motion of Councilman Miller, seconded by Councilman Blake,-the following salary step increases were approved. Motion carried. KELLERMAN, John L., Chief Building Inspector, from Step 2 at $710 to Step 3 ' at $750 per month, effective June 1, 1968. SHERMAN, Reed Edward, Administrative Aid, from Step 4 at $521 to Step 5 at $550 per month, effective June 1, 1968. 21. Communication from the Downtown Association requesting that the City Council authorize a conference with representatives of Stone and Youngberg, Financial Consultants regarding the removal of parking meters in the downtown area. The Downtown Association stated they felt that for the downtown to be competitive, it is necessary that a careful study be made on the removal of the parking meters. The Association would like to meet with the City Council, Administrator, and affected merchants to discuss this proposal. B'. Idler, Chairman of the Downtown Association, stated that his group would like to start out on the right approach to get these meters off the street but also wanted to study all alternatives for payment of outstanding bonds and interest. R. D. Miller, Administrative Officer, read a letter from Stone and Youngberg regarding this matter dated May 28, 1964. On motion of Councilman Gallagher, seconded by Councilman Miller, the Administrative Officer was authorized to contact Stone and Youngberg regarding the request of the 1 Downtown Association asking if the basic points contained in the 1964 letter were still valid. Motion carried. 22. H. Johnson, City Attorney, presented for the Councils consideration a proposal from F. Muzio regarding an easement behind his property in the Mission Plaza block as follows: In the course of a telephone conversation with Mr. Muzio, he requested that any agreement providing for an easement for walkway purposes also be conditioned upon realignment of Monterey Street. When requested to clarify his position, Mr. Muzio stated that he was willing to grant the walkway easement "requested by the City, City Council Minutes May 20, 1968 Page 9 but would . not sign any easement agreement unless it stated that the easement , would not be effective if Monterey Street was not realigned. Mr..Johnson told Mr. Muzio he would have to take the proposal to the City Council. On motion of Councilman Gallagher, seconded by Councilman Spring, the proposal was accepted. Motion carried. Councilman Blake and Miller voting no. ' 23. Communication from the City of Irwindale regarding Assembly Bills 2017 through 2023 was referred to the City Attorney for study. 24. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting adjourned to 11:30 A.M. Tuesday, May 21, 1968. Motion carried. APPROVED: June 3, 1968 . FI zPATRICK CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL May 21, 1968 - 11:30 A.M. CITY HALL ' Roll Call Present: Emmons Blake, Frank Gallagher, Arthur -F. Spring, Donald Q. Miller, Clell W. Whelchel City Staff ..Present:- J. H. Fitzpatrick, City Clerk; R.• D. Miller, Administrative Officer. 1. H. Johnson, City Attorney, brought to the Council's attention that an easement over a small parcel of land, acquired from the Olgiatti for the old water tank site was surplus to the needs of the City and should be re- deeded to the original property owner. This was caused by different configurations of the new tank. The agreement previously approved by the City Council with the Olgiatti's required relinquishment of such excess property. On motion of Councilman Gallagher, seconded by Councilman Miller, the following ordinance was introduced. Ordinance No. 419, an ordinance quitclaiming a portion of property to Olgiatti. 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 2. R. D. Miller, Administrative Officer, presented the City Council a tabulation of expenditures to be made from the equipment replacement fund for replacement of various motor vehicles and contractural equipment in the 1968 -69 budget.