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10/21/1968Roll Call MINUTES REGULAR MEETING.OF.THE CITY COUNCIL October 21, 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; H. Johnson, City Attorney; D. R. Romero, City Engineer; J. Stockton; Park and Recreation Representative; L. Schlobohm, Fire Chief; E. Rodgers, Police Chief; E. P. Thompson, Water Department Director. On motion of Councilman Miller, seconded by Councilman Gallagher, claims against the City for the month of October, 1968 were approved subject to the approval of the Administrative Officer. Motion carried. 1. Communication from Kappa Chi Fraternity requesting Council permission to paint house numbers on curbs in the City in order to raise funds for operation of the Haunted House for the children of the City on Halloween. On motion of Councilman Blake, seconded by Councilman Gallagher, the request was approved. The business license was waived but other City Ordinances were to be complied with. Motion carried. 2. Communication from Dennis B. Wheeler requesting that the City Council study the need for installation of curb, gutter and sidewalk in the 2400 block of Flora Street which is the only area.which does not have sidewalks for the full length and he feels there is a definite need for the sidewalks. D. F. Romero, City Engineer, reported that sidewalks for properties in the 2500 and 2600 block had been deleted by the City Council a year ago but that his office was prepared to hold hearings for the installation of sidewalks anytime the Council so desired. He suggested that the construction phase be held over until the Spring of 1969. The City Engineer was instructed to proceed with hearings at an early date and to notify Mr. Wheeler that his request has been taken under consideration. 3. Communication from San Luis Obispo Senior High Associated Student Body re- questing permission to hold a parade in downtown San Luis Obispo for its annual homecoming on November 1, 1968. Representatives of the student body appeared before the City Council on.behalf of their request. On motion of Councilman Gallagher, seconded by Councilman Miller, the request was. - approved, the parade to be coordinated with the Police Department. .Motion carried. 4. Communication from San Luis Coastal Unified School District requesting that the City provide inspection services at the new Laguna Junior High School at no cost to the school district. D. F. Romero, City Engineer, explained that the City would inspect the sewer and water connections and the sidewalks, gutters and street work anyway as they would have to be accepted by the City, but that his office would not inspect on- site improvements. Several members of the Council felt that it would be unfair for the City to assume any services for the school district as the district encompasses a much larger area than the City and that any costs should be assumed by the entire district and not just the taxpayers of the City. City Council Minutes October 21, 1968 Page 2 Councilman Gallagher stated that it was his understanding that the City work forces for Public Works are now overworked and that they should not take on any work other than City work for inspection. Councilman Blake felt that as the City has to inspect anyway for their own bene- fit, they should include the inspection of the school district. On motion of Councilman Spring, seconded by Councilman Miller, that the request for free inspection services be denied. Motion carried, Councilman Blake voting no. 7. H. Johnson, City Attorney, presented for. the Council's information an Order from United States Bankruptcy Court on Development Associates and Ray C. Skinner to-show cause why the City should not be required to turn over funds held by the City to the Bankruptcy Court for distribution to the Skinner creditors. H. Johnson explained that these funds were funds deposited with the City by Madonna Plaza and Vagabond Motel for connection to a water line originally in- stalled by Development Associates, an entity in which Mr. Ray Skinner had an interest. Mr. Skinner seeks a refund pursuant to the subdivision agreement and related ordinances, which the City feels should be paid only after deducting any money owed by Skinner to the City. H. Johnson stated that he has filed a reply to the request for a turnover order to the effect that the money owed by Skinner and Development Associates to the- Water Department should be deducted from the connection charges from the new customers, being held by the City. Since the delinquent balance owed by Mr. Skinner exceeds the funds now on deposit, Mr. Skinner would receive no cash re- fund at this time. The City Council asked that Mr. Johnson keep them informed of the development of this matter. 8. Copy of petition from the residents of Cazadero Street in the City of San Luis Obispo to the School Board asking that the-School Board control the students using Cazadero Street near the High School for congregating on private property for the purpose of lounging,..smoking, etc. Also for parking their cars all day and drag racing in this residential area. Dr. Notley, Superintendent of the school district, appeared before the City Council and stated that this matter was being presented to the School Board and that while they could control student activities on the school property they could not control student activities off campus. He continued that the School Board was planning on placing a six foot chain link fence along the property• line of the school property bordering on Cazadero Street. Chief Rodgers suggested that the school close the right -of -way to the school from Cazadero Street which would eliminate the congregating of students on the prop- erty. He suggested that if the girls could be-controlled from going off school - property then the boys could also be controlled. Dr. Rhraling, 1443 Cazadero Street, stated that he felt this was a City problem and not a school problem as the problem involved congregating of students, all day parking and high speed drag racing on residential streets. He continued that he felt constant patrolling of this area would stop the con- gregating of students which is becoming intolerable to the residents. He continued that the City should control the parking by posting a time limit zone in this area. Chief Rodgers explained that he felt placing parking limits in this residential area would be a disadvantage for the residents and property owners as it would be immpossible to distinguish the 'residents' cars and their visitors from those of the students. He felt that closing off access would take care of the situation. City Council Minutes October 21, 1968 Page 3 The City Council discussed with Dr. Notley and Dr. Khralingthe best approach to clearing up this matter of students loitering on private property adjacent to school property. The matter was received and filed pending action by the school board. 9. Communication from R. D. Young, Planning Director requesting Council authority to submit the Workable Program for Community Improvement to the Department of Housing and Urban Development. He further.requested permission to sign the ap- plication on behalf of the Administrative Officer. On motion of Councilman Miller, seconded by Councilman Shrine, the following. Resolution was introduced. Resolution No. 1866, a Resolution approving and authorizing the Director of Planning and Building to sign the Workable Program. 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 10. Communication from R. D. Young, Planning Director, requesting the appointment of Henry Magenia to the Citizens Advisory Committee for Community Improvement, representing the Mexican - American Community. There were no objections and the Mayor was authorized to make the appointment. 11. Communication from R. D. Young, Planning Director, forwarding a communica- tion from Richard Taylor, Landscape Architect, requesting a time extension to file the completed construction drawings on Mission Plaza. On motion of Councilman Gallagher, seconded by Councilman Miller.-the request for a time extension was approved. 12. Council consideration of the subdivision agreement and final map of Tract No. 375, Sherwood Terrace was continued to the November 4, 1968 meeting. 13. Communication from Johnson Highlands, Inc. requesting Council acceptance of Tract No. 305 was considered by the City Council. D. F. Romero, City Engineer, presentedda map of the subdivision and stated that some work still needed to be accomplished under the subdivision agreement and explained to the Council that the adjacent Tract No. 290 by the same subdivider has not been accepted.by the City for maintenance. L. Blaser, subdivider for Tract No. 290 and Tract No. 305, stated that the reason he has not asked for acceptancenby the City for Tract No. 290 was because of drainage problems he has not been able to clear up. He felt that the City is to blame in not requiring adjacent property owners to meet City requirements for drainage. D. F. Romero explained the drainage problem. The City Council suggested that the City proceed with requiring Smith, the adja- cent property developer to-.clear up the drainage problem being caused to Tract No. 290. D. F. Romero then asked for a policy determination as to whether the City should accept a tract beyond a non - accepted tract such as Tract No. 290. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City would not accept a subdivision if the adjacent subdivision which provides access has not been accepted by the City for maintenance. Motion carried. City Council Minutes October 21, 1968 Page 4 In accordance with City policy, the acceptance of improvements in Tract No. 305 was continued. 14. Communication from Johnson Highlands, Inc. requesting acceptance of Tract No. 360 was continued to the next meeting. 15. Communication from D. F. Romero, City Engineer, reporting that the replace- ment of storm drain facilities under Rockview Place using metal pipe arch with sacked concrete headwall and endwall and with some channel grading and road re- pair would cost approximately $3,700.00. He stated that this work could be done this year but as it was not of a critical nature it could be done at lesser ex-- pense in the spring or summer of 1969. The matter was referred to the Administrative Officer for consideration during the 1969 -70 budget. The City Engineer was asked to clear up the existing drainage prior to the winter rains. 16. D. F. Romero, City Engineer, explained the progress schedule proposed for installation of sidewalk on the North side of Los Osos Road from Madonna Road to the'new Laguna Junior High School. He explained the various obligations and agreements and stated that most, if not all, sidewalks on that side will be in- stalled by the time the Junior High School is completed. The City Council discussed the possiblity of construction of a temporary side- walk on the northerly side of Madonna Road between the freeway and the Laguna Lake outlet. City Engineer Romero explained that a redrock walkway could be constructed with relatively little expense. The matter was referred to the Traffic Committee for review and recommendation. 5. At this time the City Council held a public hearing on.the adoption of the Uniform Building Code, Volume III, 1967 Edition,.entitled "Housing," to be known as the Housing Code of the City of San Luis Obispo. Mayor Whelchel declared the public hearing open. R. D. Young, Planning Director, explained the reason for adopting this code was to comply with the requirements of the City's low -rent housing program. Mayor Whelchel declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Gallagher, the following Ordinance was introduced and passed to print. Ordinance No. 428, an Ordinance adopting the Uniform Building Code, Volume III, 1967 Edition, entitled "Housing," to be known as the "Housing Code;" to provide the minimum standards and require- ments for the protection of life and limb, health, property, safety and welfare of the general public and the owners and occupants of reisdential buildings. 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 ' 17. D. F. Romero, City Engineer, reported to the City Council that the improve- ment of Higuera Street from Grove Street.to the northeast end was not included under the chip seal program for this year as it was further down in the paving .priority schedule approved by the City Council. But he stated that this could be added to the existing contract as a change order and would cost approximately $700.00. City Council Minutes October 21, 1968 Page 5 On motion of Councilman Gallagher, seconded by Councilman Miller, that the City Council approve a Change Order to pave Higuera Street from Grove to-the northeast end. Motion carried. 18. Communication from the City Attorney regarding the acquisition of land from the Nelson Estate for street widening on Foothill Boulevard between Broad Street and Tassajara Drive, stating that the negotiations for acquisition of the land• may take some time and that the owners are willing to give the City permission to use this property and agree to hold the Estate harmless from all liability due to the proposed public use of the property. On motion of Councilman Blake, seconded by Councilman Miller, that the Mayor be authorized to sign a letter to the executor proposed by the City Attorney. Motion carried. 19. City Clerk reported that since the last Council meeting two bids were received for removing cars from public and private property in the City as advertised. (1) Paulsons Wrecking and Salvage, San Luis Obispo $15.00 per car removed. (2) Mighty Motors, Santa Maria $12.50 per car removed, with the City to provide a place to store these vehicles until they could be removed to Santa Maria. Chief Rodgers requested that both proposals be referred to him and the City Attorney to meet with both bidders and then recommend the best - contract to the City Council and proceed with the contract. On motion of Councilman Blake, seconded by Councilman Spring, the Police Chief and the City Attorney were authorized to negotitate a contract for the removal of vehicles from the City, and the Mayor was authorized to sign the contract on be- half of the City. Motion carried. Chief Rodgers presented for the Council's information the number of vehicles removed from the City during the 1967 -68 Fiscal Year. 166 Vehicles were removed and stored at a cost to the City of $570.00. 19A. Mayor Whelchel reported to the City Council on the findings of the Taxi Committee (Mayor Whelchell and Councilman Spring) study for the requested increase in rates for the Yellow Cab Xompany and felt that an adjustment was needed and suggested that the City Council hold a.public hearing on this matter. On motion of Councilman Gallagher, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1864, a Resolution of intention to approve revised taxi meter rates and setting a date for a hearing thereon. 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 20. City Clerk reported on the following bids received for Traffic Signal Revision, Foothill Boulevard, Tassajara Drive, City Plan No. 7 -69. A -1 Electric $3,614.00 D. F. Romero, City Engineer, recommended that the bid of A -1 Electric be accepted. On motion of Councilman Miller, seconded by Councilman Blake, the bid of A -1• Electric was accepted. Motion carried. 1 1 City Council Minutes October 21, 1968 Page 6 21. City Clerk reported on the following bids received for Laguna Lake Park Development, City Plan No. 1 -69. Burke Construction Company San Luis Obispo, California $45,231.50 West Coast Construction Co. $46,465.90 San Luis Obispo, California W. M. Lyles Company $47,226.38 Fresno, California J. A. O'Kelley & Son $509614.70 San Luis Obispo, California Madonna Construction Co. $579512.00 San Luis Obispo, California Engineer's Estimate $46,754.00 D. F. Romero, City Engineer, recommended that the_low, bid of Burke Construction Company be accepted. On motion of Councilman Gallagher, seconded by Councilman Miller, the low bid of Burke Construction Company was accepted. Motion carried. 22. City Clerk reported on the bids received for Orcutt Road Widening, City Plan No. 9 -69. J. A. O'Kelley and Son= $129224.75 W. G. Watkins $12,747.75 C. S. Construction $139375.00 J. F..Sunderland $13,565.38 Engineer's_Estimate $14,448.50 D. F. Romero recommended that the low bid of J. A. O'Kelley and Son be accepted. on motion of Councilman Miller, seconded by Councilman Gallagher, the low bid of J. A. O'Kelley and Son was accepted. Motion carried. 23. D. F. Romero, City Engineer, presented for the Council's consideration the plans and specifications for street widening on Santa Rosa Street from Peach Street to Palm Street. He explained the scope of work to be done and estimated the cost to be approximately $15,000. On motion of Councilman Miller, seconded by Councilman Gallagher, the plans and specifications were approved and the:City Engineer was authorized to call for bids. 24. D. F. Romero, City Engineer, presented for the Council's consideration the plans and specifications for Foothill Boulevard Widening from the creek to oppo- site Tassajara. He explained the scope of work to be done and estimated the cost to be approximately $4,500. On motion of Councilman Blake, seconded.by Councilman Gallagher, plans and speci- fications were approved and the City Engineer was authorized to call for bids. 25. J. H. Fitzpatrick, acting:Administrative Officer, announced the following appointments to City Employment. Ruth I. Floyd as stenographer in the Police Department Step 1, $405 per month with a one -year probationary period. Effective October 16, 1968 City Council Minutes October 21, 1968 Page 7 Dennis Cox as Groundskeeper. Step 1 or $430 per month with a one year probationary period. Effective November 1, 1968. 26. On motion of Councilman Gallagher, seconded by Councilman Blake, the follow- ing salary step increase were approved. Pinedo, Paul - Groundskeeper From Step 1 or $430 to Step 2 or $455 Gonzales, Raymond - Police Officer From Step 3 or $652 to Step 4 or $690 Quinn, Stephen - Police Officer From Step 1 or $582 to Step 2 or $617 White, Gary - Police Officer From Step 1 or $582 to Step 2 or $617 Gallimore, Thomas - Police Officer From Step 1 or $582 to Step 2 or $617 McDonough, Robert - Police Officer From Step 1 or $582 to Step 2 or $617 Headley, Donald - Utility Plant Operator 1 From Step 1 or $455 to Step 2-or,$480 Budge, Duane - Planning Assistant From Step 2 or $652 to Step 3 or $690 27. Councilman Miller brought to the Council's attention the fact that a parcel of land on Higuera Street north to Nipomo Street was for sale and thatthis would be a good opportunity for the City to acquire open space along Higuera Street. • 1 On motion of Councilman Miller, seconded by-Councilman Gallagher, that R. D. -Young, Planning Director, study the matter and make a recommendation to the City Council concerning the property from 686 Higuera Street north to Nipomo Street. Motion carried. 28. Communication from Lee Schlobohm, Fire Chief, requesting that the Cuesta College Fire Science Course be allowed to use Fire Station No. 2 in connection with the course on rescue practices. He continued that each student would submit a certificate relieving the-City of all liability in the event of accident or injury. On motion of Councilman Gallagher, seconded by Councilman Miller, the request was approved pending the filing of a waiver by each of the students. Motion carried. 29. Councilman Blake brought to the Council's attention the benefit San Luis Obispo would derive from the passage of Proposition No. 3 in the November election. Pro- position No. 3 is a proposition which would aid in the construction of buildings on the campusses of State colleges and universities, and urged that the City Council support this proposition. On motion of Councilman Gallagher, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1867, a Resolution Supporting Proposi- tion No. 3. 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