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09/30/19681 1 1 City Council Minutes September 16, 1968 Page 10 22. The City Clerk presented a communication from the League of California Cities requesting the City Council to appoint a delegate and an alternate as voting members for the City at the annual League meeting. City Council appointed Mayor Whelchel as delegate and Councilman Blake as alternate. 23. R. Young, Planning Director, reported that K. Taylor, Landscape Architect, for the proposed Mission Plaza Project, was asking for a 30 day delay of his presentation due to delay in printing, etc. On motion of Councilman Gallagher, seconded by Councilman Blake, the request for the 30 day delay was approved. Motion carried. 24. H. Johnson, City Attorney, reported to the City Council that the City has received $27,899.12 as payment on pipeline litigation and that additional funds would be forth- coming as several of the companies have given their notes and the balance will be paid over a period of years. The City will receive the full amount of the claim approved by the Board of Control. On motion of- Councilman Gallagher, seconded by Councilman Miller, the meeting was adjourned to Monday, September 30, 1968 - 7 :00 P:M. Motion carried. Approved October 7, 1968 Roll Call City Staff . FITZ A RICK CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL September 30, 1968 - 7:00 P.M. City Hall Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel Present: R. D. Young, Planning Director;•J. H. Fitzpatrick, City Clerk; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; E. L. Rodgers, Police Chief; E. P. Thompson, Water Department Director. 1. Traffic Committee Report of September 19, 1968. 68 -9 -2T The Traffic Committee has received a request for a yellow bus loading zone in front of the Chris Jesperson School. Because of the fact that the school has acquired new buses of a different type than the older ones, it is not possible to load and unload children in wheel chairs unless the bus parks at a raised sidewalk. It is therefore recommended that approximately two car spaces between the two driveway ramps in front of the school be designated as a yellow loading zone. 68 -9 -4T Mr. Frank Silva at 1274 Foothill has complained about difficulty in getting in and out of his driveway, especially with the heavy Cal Poly traffic flows and has requested a red zone in'front of his residence. We feel that it would be appropriate to so designate the entire length of approximately fifty feet, this being on the north side of Foothill. City Council Minutes September 30, 1968 Page 2 68 -9 -7T Mr. Romero has drawn up a new channelization scheme for the Foothill - Tassajara intersection which involves no bulb and limited red zones as follows: On the north side of Foothill Boulevard cbmmencing at the easterly property line of Tassajara and extending sixty feet easterly. 68 -9 -8T Pending the acquisition of the Lownes parcel on the north side of Foothill west of Patricia, we recommend that this be desiganted as a no- parking zone. 68 -9 -9T The Traffic Committee has received a request from the Daly Street School to enlarge the existing bus zone on the south side of Daly by extending it twenty feet in a westerly direction toward Patricia. We so recommend. 68 -9 -12T The Traffic Committee has studied the proposed channelization and red zones at Johnson and Lizzie and feels that, with the widened portion soon to be constructed, we should try the installation with -out parking restrictions at the curb. Therefore we recommend that the existing red zone on the west side of Johnson be eliminated. D. F. Romero, City Engineer, stated that his opinion the channelization at Lizzie and Johnson was needed to reduce accidents and expedite traffic flow. 68 -9 -13T A hazardous condition has:been noted in the absense of a stop sign on Calle Joaquin at Madonna Road and we recommend that this be installed. On motion of Councilman Blake, seconded' by Councilman Gallagher, the following resolution was introduced. Resolution No. 1863, a resolution establishing a yellow bus loading zone on Grand Avenue, a red zone and restricted parking zones on Foothill Boulevard, extending a bus zone on Daly street, rescinding a red zone on Johnson Avenue and authorizing a stop sign on Calle Joaquin. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, 1 Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 68 -9 -3C The Traffic Committee has taken a look as the proposed sidewalk and re- lated improvements on portions of California, Stafford 'and Hathway and 'recommends that they be modified as follows: (a) That a transition of approximately six or eight' feet be designated in front of the Andreini and Gates residences so as not to take as much of the front yard as' originally planned. It is suggested that a new design be made and that the property be staked out so that the Council members and property owners can see what it will look like. (b) That Cal Poly be encouraged"to construct a sidewalk on the northerly side of Hathway between Via Carte and Motley Street and that sidewalks also be de- signed and included between Via Carte extending in a westerly direction on Hathway to meet the existing sidewalks.' (c) That the Southern Pacific Company be required to install curb, gutter and sidewalk on the west side of California between the freeway overpass and I Hathway (d) That the Petrick sidewalk be kept in the project (e) Both sides of Hathway put in sidewalks from California to Carpenter. The matter was continued to October 21, 1968. The City Clerk was instructed to send notices to property owners involved. City Council Minutes September 30, 1968 Page 3 68 -9 -5T A hazardous condition has been called to our attention in that the school crosswalk west of Ferrini Road across Foothill leads to a fenced area on the south side of Foothill with very little room for walking. It is suggested that the City Engineer be authorized to contact the Nelsons to see whether or not they would be willing to allow the City to use a few feet from this point to the Thrifty Drug Store sidewalk for a redrock walkway with the City bearing the entire cost of moving the fencd back. ' 68 -9 -6T The Traffic Committee feels that the time has come to enter into negotia- tions for the acquisition of the Lownes and Nelson properties on Foothill Boulevard. These are two of the last remaining properties to be acquired. 68 -9 -1OT The Traffic Committee has received a request from the Telephone Company for a crosswalk across Mill in midblock between Morro and Osos during the con- struction of the new building. This would allow employees to cross in midblock to and from their vehicles parked behind the new telephone building on Mill Street. We feel that this would create a hazardous condition and we are generally opposed to crosswalks in the middle of the block. On motion of Councilman Blake, seconded by Councilman Gallagher, the recommenda- tions of the Traffic Committee were accepted. Motion carried. 68 -9 -11T Now that the extension of Parking Lot Number 11 is nearly complete, we recommend that the old shorter time limits be replaced with two -hour metered spaces between the parking lot driveway exits. The matter was re- referred to the Traffic Committee for further study. 68 -9 -14T We recommend that the Mayor be authorized to write a letter to the Division of Highways again requesting traffic signals at Murray and Santa Rosa and requesting that a new speed limit study be made on Santa Rosa from the freeway north. We also feel that the letter should contain a request that the State begin studies on widening of the California bridge over the freeway. The Mayor was authorized to forward a letter to the Division of Highways request- ing studies on the widening of the California Boulevard bridge over the freeway and to study speed limits on Santa Rosa Street between the freeway and Foothill. 2. Petition from nine residents and property owners of the 600 block of Howard Street protesting the stockpiling of road material on City owned property ad- jacent to the freeway. The property owners felt that these large trucks using this residential area are damaging the street and further are causing dust and noise in this otherwise peaceful neighborhood. D. F. Romero, City Engineer, explained that this was the nearest lot owned by the City available for the stockpiling of road material and continued that the work was completed for the year and the lot would be cleaned up. On motion of Councilman Miller, seconded by Councilman Spring, that the City cease using this property for the stock piling of road material and that the lot be cleaned up, and the street be repaired if necessary. Motion carried. R. D. Young, Planning Director, was instructed to look into this City owned property to see if it could be used and if not, make a recommendation that the City sell the property. 3. D. F. Romero, City Engineer, presented a sketch and a list of properties for Council consideration to require curb, gutter and sidewalk on the northerly and westerly sides of Hathway Street and the westerly side of California Boulevard, according to the provisions of the Public Convenience and Necessity Ordinance. The City Council felt that this involved property already under consideration and felt that both hearing should be held at the same time. City Council Minutes September 30, 1968 Page 4 On motion of Councilman Miller, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1860, a resolution requiring sidewalk improvements on portions of Hathway Street and California Boulevard. 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 4. Communication from T. C. Shevlin, dba Bob's Car Wash, requesting that the City Council authorize the elimination of the parking space on Marsh Street in front of the car wash and also authorize the removal of the curb in front of the car wash to make easier access to the car wash, unless these changes conflicted with traffic. T. C. Shevelin appeared before the City Council on behalf of his request and stated that due to increased business and the fact that they are buying new and more modern equipment they will be handling more and more cars and the existing driveway will not be adequate for their business. He continued that he also operated the service station adjacent to the car wash and that he is seeking permission from the Planning Commission to remove the wall between the station andthe car wash to improve circulation. The City Council discussed with T. C. Shevlin the changes he is requesting, the problems that would occur and also the traffic on Marsh Street. Councilman Gallagher stated that he felt the removal of the parking spaces in front of the car wash would improve access but he did not feel that widening I the driveway ramp would help alleviate the problem. He continued that unfortunately the property was too small for the amount of business presently being done, but he felt that the red zoning of the parking space in front would help the problem. After further discussion by the City Council on motion of Councilman Gallagher, seconded by Councilman Spring, the request was denied. On motion of Councilman Gallagher, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1861, a resolution establishing a red zone on Marsh Street. 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 S. D. F. Romero, City Engineer, presented for the City Council's consideration the final map of Tract No. 374 and stated that the map was technically correct , and met all condition of the City Council and the Planning Commission. He then presented the subdivision agreement for the Council's consideration and stated in addition to the normal conditions for improvements that the following special conditions are included. 1. The developer shall be entitled to such reimbursements as are specified under Section 7410.7 of the Municipal Code for water line improvements to be made on Augusta Street. 1 1 City Council Minutes September 30, 1968 Page 5 2. A lot frontage exception is granted for Parcel 9. Mr. Romero explained that the developer had requested permission to pay water acreage fees at -the time of connection to water service, rather than at the time of recording of the final map. It was the,general concensus of the Council that water acreage fees should be paid at the time of recording of the final map, in accordance with previous policy. On motion of Councilman Blake, seconded by Councilman. Gallagher, the following resolution was introduced. Resolution No. 1862, a resolution approving the final map and subdivision agreement of Tract No. 374. 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 Gallagher, seconded by Councilman Spring, that gas mains be eliminated from this subdivision as this development is going in all electric. Councilman Miller objected to the deletion of gas mains in any subdivision as future occupants may wish to add gas appliances and there would be no connections. Motion was lost on the following roll call vote: AYES: Frank Gallagher, Arthur F. Spring NOES: Emmons Blake, Donald Q. Miller, Clell W. Whelchel ABSENT: None 6. D. F. Romero, City Engineer, presented the following matters for Council consideration regarding the development of Tract No. 375, Sherwood Terrace. (1) Subdivider requests permission to process the subdivision in two phases due to the difficult terrain involved. Phase I which consists of property fronting Flora and Johnson Avenue, would be completed within 18 months, and Phase II, consisting of properties on Carla Court, would be completed within 36 months. The subdivider would file two separate bonds for the off site improvements. D. F Romero stated he had no objections to this request. (2) The developer requests permission to pay water acreage charges at the time each lot is connected to the water system rather than the existing procedure of paying the acreage charge at the time of the recording of the final map. D. F. Romero stated that this request is consistent with City policy for planned developments and use permits, but inconsistent with the normal City policy for subdivisions. If the request is-granted, the City staff must watch carefully to see that each individual water acreage charge is paid at the time of issuance of a building permit. (3) The developer requested that sidewalks on Johnson Avenue not be required at this time as they are uncertain as to the type of development for this property and installation of sidewalks at this early stage might result in the removal of these sidewalks at a later date. D. F. Romero stated that there,is very little pedestrian traffic on this portion of Johnson Avenue at this time and could see no objections to this request. City Council Minutes September 30, 1968 Page 6 (4) The developer has requested that trees be planted at the time of occupancy, rather than as a condition of acceptance of the improvements. D. F. Romero, stated that the request would be consistent with exceptions granted in a number of similar cases. The City has always required a bond or similar guarantee at the time of acceptance of the improvements. Jack Foster, developer for Tract No. 375, appeared before the City Council and stated that these requests to the Council were needed because this property was very difficult and costly to develop and if these exceptions were granted it would relieve the developer of a tremendous financial burden. He continued that due to the costs involved he is not sure when the land would be developed or how. Further, he stated that the reason they were requesting sidewalk exception on Johnson Avenue was that he felt that this would propabably not be developed into R -1 property and the driveway ramps would have to be removed if the property was developed for mulitple dwelling or commercial use. After discussion with Jack Foster the City Council made the following decisions: (1) No objection to developing the subdivision in units if each unit were handled as a separate subdivision. (2) No exception to paying the water acreage charge at the time of recording of the final map of the subdivision. (3) No exception granted to the requirement of installing sidewalks on Johnson Avenue as this is a requirement of subdivisions. If the subdividers feel that other uses are warranted they should make their feelings known and apply for change of use to the Planning Commission prior to development. (4) Request approved subject to filing of a bond or cash deposit guaranteeing the planting of the trees. 7A. At this time the City Council considered approval of a cooperative agreement between the City of San Luis Obispo and the Housing Authority of the City of San Luis Obispo for development of 120 units of low rent housing. H. Johnson, City Attorney, explained to the City Council that this is a formal agreement required by the HUD agency of the Federal Government as one of the first steps in the construction of low rent housing. City Council discussed various aspects with the City Attorney relative to the removal of sub - standard dwellings in direct proportion to the number of low rent units being constructed. On motion of Councilman Miller, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1858, a resolution approving the cooperative agreement between the City of San Luis Obispo and the Housing Authority of the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: Frank Gallagher ABSENT: None City Council Minutes September 30, 1968 Page 7 8. Communication from E. P. Thompson, Water Department Director, requesting that the City Council amend the Municipal Code setting minimum charges for 8" and 10" meters. Presently the ordinance stops at 6" meters and he feels that now a great number of 8" and 10" meters are being used and a minimum charge should be set. On motion of Councilman Gallagher, seconded by Councilman Blake, the following ordinance was introduced and passed to print. Ordinance No. 426, an ordinance ' setting minimum charges for 8" and 10" meters . 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 9. Communication from the Division of Highways requesting the City Council to lower the water main at Acacia Creek and Highway 1 in order to provide a clear channel for the new bridge the Division of Highways is planning for Acacia Creek. The original plan was to add to the bridge on the right side, but now it has been determined that the entire bridge should be rebuilt which would require lowering the water main. D. F. Romero, City Engineer, explained that his staff had checked very closely with the Division of Highways regarding the proposed Acacia Creek bridge struc- ture and had installed the water and sewer facilities in accordance with these plans. Subsequent to this, Sacremento had lowered the grades of the structure approximately two feet (2'), thereby making it necessary to lower the water line. He explained that the City was in State Highway right -of -way under an encroach- ment permit and responsibility for the cost of lowering the line is the City's regardless of whose fault it was. E. P. Thompson, Water. Superintendent, explained to the City CCU ncil how he was going to lower the pipe and how he would handle water service during the period the pipe would be out of service. The City Council discussed the fact that the original installation of the pipe and the lowering of the pipe will take place within one year and suggested there seemed to be a lack of proper planning. On motion of Councilman Miller, seconded by Councilman Blake, that remedial action be taken and that the pipe be lowered. Motion carried. On motion of Councilman Miller, seconded by Councilman Blake, that the City Engineer be instructed to bring in a cost estimate for enlarging the drainage culvert under Rockview Place. Motion carried. 10. As requested, H. Johnson, City Attorney, presented a proposed ordinance for removal of wrecked,, dismantled•.and junked automobiles. H. Johnson stated that the ordinance as proposed was in line with the State Vehicle and Government Codes and felt that it would do the job that the City Council wished in removing wrecked and junked automobiles from public streets or private property. On motion of Councilman Gallagher, seconded by Councilman Miller, the following ordinance was introduced and passed to print. Ordinance No. 425, an Ordinance establishing procedures for the abatement and removal as public nuisances of wrecked, dismantled or inoperative vehicles or parts theteof from private or public property. City Council Minutes September 30, 1968 Page 8 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 ' 11. At this time the City Council discussed with.the "City Attorney amendments to the garbage and refuse collection ordinance, which would be to clarify sections in the Municipal Code and conflicts in wording between contracts and franchises. H. Johnson explained the wording problems involved and that prior to extension or renewal of contracts or franchises the ordinance should be amended to make all the sections of the ordinance coincide. Peter Andre, Attorney representing the San Luis Garbage Company, discussed with the City Council the problem in wording and felt the wording of the ordinance should be corrected. H. Johnson suggested that the City Council appoint a Council Committee to work with him and Mr. Andre to go over the wording in the ordinance and make a report to the City Council. On motion of Councilman Gallagher, seconded by Councilman Blake, the Mayor was authorized to appoint a Council committee to review the garbage and refuse col- lection ordinance. Motion carried. Mayor Whelchel appointed a Council Committee of Councilman Blake and Councilman Gallagher to study the garbage collection ordinance and to report in 30 days. 12. Communication from M. E. Willeford, offering to continue as independent auditor for the City of San Luis Obispo for the Fiscal Year 1969 -69 was accepted on motion of Councilman Gallagher, seconded by Councilman Miller. Motion carried. 13: Request from the Cal Poly Student Government for permission to hold a parade in downtown San Luis Obispo on Saturday morning, October 26, 1968 and to close off Osos Street between Monterey Street and Palm Street. On motion of Councilman Miller, seconded by Councilman Gallagher, that the request be approved. Motion carried. 14. Communication from the San Luis Coastal Unified School District requesting permission for the Future Farmers Association of the High School to continue to farm the 23 acres purchased by the City from the School District. On motion of Councilman Miller, seconded by Councilman ..Spring, that the request be denied. Motion carried. 15. Communication from the San -Luis Obispo County Philatelic Society announcing the second semi - annual Philatelic auction on November 2, 1960' and asking the City Council to waive the auction fee as this is a non - profit organization and only members would participate. On motion of Councilman Gallagher, seconded by Councilman Miller, that the re- quest for the waive of auction fee be approved. Motion carried. 16. D. _F. Romero, City Engineer, ;presented plans and specifications for Traffic Signal Revision, Foothill Boulevard and Tassajara Drive, City Plan No. 7 -69. D. F. Romero explained the scope of work to be done and estimated the cost to be S3,400.