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12/02/1968City Council Minutes November 18, 1968 Page 13 32. Communication from Dave Ritchie, 2211 Johnson Avenue, requesting relief from the City of the flooding of his basement due to•a leach line installed by the City on Johnson Avenue. D. Ritchie appeared before the City Council and explained that prior to the in- stallation of the leach line on Johnson Avenue he had no problems with water, but that after the installation of this leach line his basement has been con- stantly flooded, and he felt that the City should offer some help for his problem. ' D. F. Romero, City Engineer, explained that the leach line had been installed approximately 100' away from the Ritchie residence on the opposite side of Johnson Avenue and would have the effect of intercepting drainage which might traverse the street. The leach line had been installed to relieve unsatisfactory subbase con- dition in the street and had satisfactorily served this purpose. Mr. Romero stated that he could not see any way by which the City work could have aggravated Mr. Ritchie's drainage problem. Communication from Dave Ritchie was ordered received and filed: 33. Communication from Walter B. Roselip, requesting that the City Council hold a public hearing on December 16, 1968, on a request to revert Block 24 of the Phillips Syndicate Addition to acreage. The matter was set for public hearing on December 16, 1968, on motion of Councilman Gallagher, seconded by Councilman Blake. Motion carried. 34. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting adjourned. 1 APPROVED: December 16, 1968 H. F TZPATRICK CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL December 2, 1968 - 7:00 P.M. City Hall Roll Call 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; J. Stockton, Park and Recreation Representative; H. Johnson, City Attorney;. R. D. Miller, Administrative ' Officer, D. F. Romero, City Engineer, E. Rodgers, Police Chief;: L. Schlobohm, Fire Chief. On motion of Councilman Miller, seconded.by Councilman Gallagher, the minutes of the meeting of November 4, 1968 were approved as presented. On motion of Councilman Miller, seconded by Councilman Gallagher, claims against - the City for the month of Decembe; 1968, were approved subject to the approval of the Administrative Officer. Motion carried. City Council Minutes December 2, 1968 Page 2 1. Allan Johnson, member of the City Housing Authority, appeared before the City Housing Authority, appeared before the City Council on behalf of the Authority requesting approval of the City Council for the Housing Authority to negotiate for up to 150 units for low- income families under Section 23 Leasing Program. Mr. Johnson stated that this application did not mean 150 more units over and above the 120 units approved, but this was an application to help low- income. people rent apartments or houses on an emergency basis at this time. H. Johnson, City Attorney, explained the resolution being requested by the City. Housing Authority as a resolution of the City Council approving the application by the Housing Authority for these units.' On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1875, a resolution approving the application by the Housing Authority of the City of San Luis Obispo for.-author ization for acquisition of up to 150 units of low -rent housing under the Section 23 Leasing 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 1A. Bud Skibitzke, representing SCARAB Architectural Honors Society at Cal Poly, appeared before the City Council and presented a proposal for the improvement of Monterey Street in the area recently closed in front of the Mission. They would like to proceed with this proposal as soon as possible. He explained the proposal, stating that plants, shrubs and trees would be placed in wooden tubs, concrete containers, etc. and felt that an attractive temporary closing would be achieved. Councilman Gallagher stated that he felt the area in front of the Mission on Monterey Street should be included and added to the overall Mission Plaza Plan prepared by K. Taylor so that the entire development could be tied together. On motion of Councilman Miller, seconded by Councilman Gallagher, that the staff was to contact Mr. Taylor and get an estimate of the cost to adapt the Monterey Street closing as part of the Mission Plaza Plan he has prepared. Motion carried. The City Council thanked SCARAB for the plan and authorized them to proceed with their proposal and also asked that the entrance gate on Monterey Street be moved back at least 20 feet on Chorro Street to accommodate motorists unlocking the gate. 2. Communication from the San Luis.Obispo Garden Club requesting permission of the City Council to place a French Flower cart in the Mission Plaza to sell plants and flowers in season with the money to be contributed for the Mission Plaza development. They also asked for a waiver of the required.City license. On motion of Councilman Miller, seconded by Councilman Gallagher, the request was approved and the license was waived. Motion carried. 3. On the matter of the complaints of F. Clason regarding.violations of the Building, Health and Safety Codes at 2069 McCollum Street, the Fire Chief_ reported that as of November 25, 1968, all fire hazards At 2069 McCollum Street had been cleared. R. D. Young, Planning Director, reported that the property at 2069 McCollum Street is developed with two apartments. The front apartment is occupied by three., students and the rear apartment is occupied by two students. There appears to be no violation of the zoning ordinance. City Council Minutes December 2, 1968 Page 3 He continued that an inspection-of the building•by the Building Inspector indicated that the construction of the building is somewhat dated and that there have been no recent modifications or remodeling. The City.Council ordered the matter received and filed. 4. On motion of Councilman Blake, seconded by Councilman Miller, the request of the Salvation Army for permission to place Christmas Kettles on the downtown ' streets of San Luis Obispo to raise funds for the needy of San Luis Obispo was approved. Motion carried. 5. Communication from Neal D. Starr, bringing to the attention of the City Council the problems of double parked trucks in the downtown streets. He felt that this double parking should be prohibited and that the trucks should unload and clear the downtown area early in the morning. He further stated that he felt a dangerous traffic hazard existed on Madonna Road near the new shopping center, caused by traffic from the shopping center, the motel across the street and the Madonna Inn and suggested that a series of traffic lights should be installed to help this problem. D. F. Romero, City Engineer, reported to the City Council on his discussions with the Division of Highways relative to the installation of traffic signals on Madonna Road and the freeway entrance. He explained that the installation might be speeded by a resolution to the District Engineer. On motion of Councilman Blake, seconded by Councilman Spring, the following reso- lution was introduced. Resolution No. 1885, a resolution requesting the Division of Highways to expedite construction of traffic signals on Madonna Road and re- questing investigation of the possibility of the installation of temporary signals in the immediate future. 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 6. On motion of Councilman Miller, seconded by Councilman Gallagher, the request of Don Oxford, Paragon Homes, for exception to the standard driveway width require• ment.at 990 Peach Street was allowed subject to the approval of the City Engineer as to width allowed. Motion carried. 7. Communication from Clay P. Davidson, DBA Davidson's Furniture, requesting that the City Council remove the four parking meters in front of his store at 611 and 669 Higuera Street and stating that he would reimburse the City with an annual payment of $330 paid in advance so that he could give free parking to his customers. H. Johnson, City Attorney, read several.pertinent sections of the resolution establishing the parking district and restricting the removal of parking meters to allow free parking within the district. C. P. Davidson, stated that he felt the downtown area had a problem in that the ' parking meters were a real detriment to the attraction of new business for the downtown businessman. He felt the parking restrictions were too strict and were too well enforced. He continued that he felt the proposal was at least one step toward meeting the competition of shopping centers by.granting free parking to the customer. He stated that if the City Council did not feel they could go along with his sugges- tion, he urged the Council to find some way to let the City grant free parking to customers without endangering the City's credit rating or bond capacity, but still allow the City to make payments for the parking district. City Council Minutes December 2, 1968 Page 4 The City Council discussed with C. P. Davidson, his proposal in light of the provisions of Resolution No. 750, dealing with the parking district operation. Mayor Whelchel stated he felt sorry for the businessmen in the downtown area due to the limited parking available and felt the proposal of C. P. Davidson was a good one and should be authorized. Councilman Spring stated that he felt sympathetic toward the downtown merchants and felt that the proposal was a good one and that perhaps a 90 -day trial would be a good idea to see its effect on parking. Councilman Blake stated that he disagreed with the proposal as he felt that it ° was contrary-to the bond convenants, and felt it would be difficult to police and further where do you stop in eliminating parking restricitions. He continued that if this request were granted, how could the City Council deny any and all requests for removal of parking meters throughout the parking district. C. P. Davidson urged the City Council to grant his request to remove four parking meters from in front of his store so that the downtown merchants could remain com- petitive with the shopping centers. Mayor Whelchel stated he agreed with the request and urged the adoption of a 90- day trial period for this proposal. On motion of Councilman Spring, seconded by Mayor Whelchel, that the request of C. P. Davidson be approved for a 90 -day period including any and all future re- quests. Motion was lost on the following roll call vote: AYES: Arthur F. Spring, Clell W. Whelchel NOES: Emmons Blake, Frank Gallagher, Donald Q. Miller ABSENT: None 8. At this time the City Council held a public hearing on the recommendation of the Planning Commission for the adoption of a boat dock ordinance for Laguna Lake in the City of San Luis Obispo. R. D. Young, Planning Director, presented the conditions of the ordinance to the City Council and stated that the Planning Commission has held several public hearings and that the majority of the property owners agreed with the proposed ordinance. Mayor Whelchel declared the public hearing open. No one appeared before the City Council. Mayor Whelchel declared the public hearing closed. On motion of Councilman Gallagher, seconded by Councilman Miller, the following ordinance was introduced. Ordinance No. 435, an ordinance adopting boat dock re- gulations for Laguna Lake. 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 City Council Minutes December 2, 1968 Page 5 9. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from R -1 -AH to R -H -AH a portion-of lots 12 and 13 of the San Luis Obispo surburban tract commonly known as 860 South Higuera Street. (Silver City Trailer Park) R. D. Young, Planning Director, presented the Planning Commission's reasons for recommending the rezoning. (1) The subject property is contiguous to an existing trailer park which is zoned "U" (Unclassified) (2) Portions of lower Higuera Street appear to be desirable for trailer park development, as evidenced by the existing Silver City Mobile Home Park and a recent approval of a mobile home park to be developed on the west side of Higuera Street north of Prado Road. (3) The Community's General Plan proposed heavy commercial uses for this general area. However, the Commission was of the opinion that potential conflict between trailer park developments could be solved by re- analysis of the General Plan's proposals for this general area or through modification of present zone districts. Mayor Whelchel declared the public hearing open. No one appeared before the City Council. Mayor Whelchel declared the public hearing closed. On motion of Councilman Gallagher, seconded by Councilman Miller, the following ordinance was introduced. Ordinance No. 434, an ordinance rezoning property at 860 S. Higuera Street. 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 10. Report from the Planning Commission on the denial by the Commission of the request of Ray C. Skinner to rezone the easterly side of Galleon Way between Newport and Oceanside Drives, was ordered received and filed. 11. Communication from merchants in the Mission Mall asking that the City Council make some attempt to-clean up the City owned property at the rear of the Mission Mall. Reasons for the above request are as follows: 1. Trucks and cars are breaking down the creek bank and threaten damage to the existing pavement. 2. The creek bank is full of weeds and papers thrown by vandals. 3. The high bank in the rear of the Old Adobe is very unsightly. Visitors are complimentary on the improvements which have been made to properties facing Higuera Street but voice their disappointment with the messy appearance of the creek and the rear of properties abutting the creek. 4. Proper lighting is needed to discourage vandalism and other improper acts being committed along the creek. 5. There was an agreement, if not in writing at least a Gentlemen's verbal agreement, that the City property and creek at the rear of the Mission Mall would be improved. These City accomplishments are to compliment the improve- ments made by Dr. Middleton on the former Cornet building and by Mr. Warden on the adjacent property. This agreement definitely influenced the tenants to sign leases making it possible to have a Mission Mall. City Council Minutes December 2, 1968 Page 6 L. C. Schlimmer appeared before the City Council stating that the City should take some action to install lighting behind the Mission Mall as it is extremely danger- ous and improper acts take place in the dark behind the buildings. He continued that the property behind the Mission Mall, owned by the City, is about .the-dirtiest in the creek area and urged that the City clean it up. On motion of Councilman Miller, seconded by Councilman Blake, that the City coil- struct a barrier to prohibit vehicles from using the property behind the Mission Mall for access. Motion carried. R. D. Young, Planning Director, was asked to bring in a proposal for a lighting plan for the rear of the Mission Mall and for the bridge over the creek. Motion carried. The City Council then discussed whether the City should retain or demolish the Madonna Apartments presently owned by the City. R. D. Young, explained that, if the building is retained, the entire development plan prepared by R. Taylor, Landscape Architect, would have to be redone, as the area from Monterey Street to the creek is to be' cleared and landscaped. Councilman Blake brought to the Council's attention the fact that a number of citizens were attempting to gather support for the City to retain this building and develop %it into a community center for the people of the City. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City advertise for bids for demolition of the Madonna Apartments on Monterey Street, to include grading of the site. Motion carried. 12. Communication from Kathryn Schlaf, asking that the City Council open Mill Street between Peach and Broad Streets, where the ball field has the street-closed. Mrs. Schlaf continued that she would like to sell this property but that it would be impossible under the conditions existing at this time where she has no access to Mill Street. H. Johnson, City Attorney, stated that based on the information available to him in the City's records, that this section of Mill Street was not abandoned or vacated and that the street could be opened whenever the adjacent property owners put in the full street improvements of curb, gutter and sidewalks•and paved over half the street. Mrs. Schlaf stated she had no plans to develop this property but-she would like to have the street developed so that she could sell the property at its potential. Councilman Spring asked if Mrs. Schlaf would consider a delay in opening the street until the new baseball field in Sinsheimer Park is completed, at which time the present baseball field on Mill Street will be closed. Mrs. Schlaff stated she wanted the street opened now. It was moved by Councilman Miller that the City Engineer be instructed to take immediate steps to open Mill Street and to restore it to its original condition. The motion died for lack of a second. Councilman Blake suggested that the City Attorney prepare an agreement guaranteeing that Mill Street is a public street and could be so developed at anytime the adja- cent property owners so desired. It was moved by Councilman Miller, seconded by Councilman Gallagher, that the Mayor appoint a Council committee to meet with the principals involved and report back to the Council on January 20, 1969. Motion carried. Mayor Whelchel appointed Councilmen Miller and Gallagher to this committee. 9:30 P.M. Mayor Whelchel declared a recess. 9:40 P.M. the meeting recovened with all Councilmen present. City Council Minutes December 2, 1968 Page 7 Y. R. D. Miller, Administrative Officer, reported to the City Council that during the recess he had received a telephone call requesting that the City donate $100 to help defray the expenses of the football team that was traveling to E1 Centro for the championship play -off game in the CIF. On motion of Councilman Blake, seconded by Councilman Gallagher, that the City grant $100 to the high school football team. Motion carried. 13. Communication from J. D. Rountree, 3440 Gregory Court, requesting that he be granted permission to remove the two street trees placed in the parkway in front of his house by the subdivider. He stated that apparently the tree was the wrong type and that they were damaging the sidewalk and the overhang was dangerous to passing cars. D. F. Romero, City Engineer, reported that these trees were Brazilian Peppers and were the wrong type of tree to place adjacent to sidewalks. They are causing . damage and suggested that the property owner be allowed to remove the trees and replace them with suitable ones. On motion of Councilman Blake, seconded by Councilman Spring, that J. D. Rountree be authorized to remove the two trees in front of his property and replace them with a tree from the approved list. Motion Carried. 14. Communication from J. Ries, 645 Higuera Street, regarding a claim filed,by. him against the City for sewer back up which he felt was caused by the City main. He continued that his claim was investigatedby the insurance company. The matter was continued and the insurance company was asked for a report on this matter. 15. Communication from R. Warnken, County Clerk, forwarding her official canvass of the votes cast for Measure B on the November 5, 1968, general election, was ordered received and filed. 16. Communication from the Planning Director, forwarding the recommendation of the Planning Commission to rename Laguna Street located between Madonna Road and Atascadero Street to Boronda Street and that the name Laguna Drive be assigned to the proposed street to the Laguna Junior High School site. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1884, a resolution renaming Laguna Street between Madonna Road and Atascadero Street to Boronda Street. 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 17. H. Johnson, City Attorney, presented for the City Council's consideration the Invitation for Bids for towing services and hauling away and disposing of any and all motor vehicles abandoned within the City of San Luis Obispo. ' He explained the scope of the bid and stated that he hoped that the proposal would solve most of the present problems as far as spelling out the responsibilities under the contract for good work was concerned. On motion of Councilman Gallagher, seconded by Councilman Blake, the bid invita- tion was approved and the City Clerk was authorized to advertise for bids. City Council Minutes December 2, 1968 Page 8 18. Communication from L. M. Schlobohm, Fire Chief,.notifying the City Couhcil' Engineer Marcom is being appointed to the Fire Inspection detail. He felt that Fireman Emil E. Krege should be appointed to fill the vacancy of Fire Engineer caused by Engineer Marcom's appointment. The Fire Chief continued that although Fireman Krege did not pass the examination for Engineer he did pass the other phases of qualification, and he felt that Fireman Krege would do a good job as Engineer: The City Council discussed the request of the Fire Chief and stated that all pro- motions within the City service have been based upon written examinations, and felt that this promotion was no exception. The Administrative Officer was authorized to arrange for the Engineer examination in order to provide a list for promotion. 19. Communication from the Park and Recreation Commission notifying the City Council that they felt the fill operation at Laguna Lake Park was nearing the recommended cut -off point, even though the final elevation has not yet been achieved. The Park and Recreation Commission felt that further fill in the area should be limited to clean fill soil so-that plants and trees could be grown. D. F. Romero, City Engineer, stated that there were other areas.in the Laguna Lake Park area that were low and should be filled and felt that they should be allowed to continue the fill operation. The matter was referred to the Park and Recreation Commission.and the City Engineer for study of the overall problem and report back. 20. On motion of Councilman Gallagher, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1881, a resolution increasing the 1968 -69 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 21. On motion of Councilman Miller, seconded by Councilman Gallagher, the follow- ing ordinance was introduced for final passage. Ordinance No. 427, an ordinance extending the period of eligibility for refunds for sewer and water extensions from ten years to fifteen.years. Finally passed on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Donald Q. Miller, Clell W. Whelchel NOES: Arthur F. Spring ABSENT: None 22. On motion of Councilman Gallagher, seconded by Councilman Blake, the follow- ing ordinance was introduced for final passage. Ordinance No. 431, an ordinance amending the Municipal Code to establish a thirty -five M.P.H. speed limit on Foothill Boulevard. FJ 1 1 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 23. Consideration 6f the final passage of Ordinance No. 432 was continued to the next meeting. 24. Communication from Mrs. Reg Streeter, resigning as a member of the Citizen's Advisory Committee for Community Improvement, as she was leaving the state. Communication from Reg Streeter, resigning as a member of the Joint Committee on Recreational Use of School District Property as he was leaving the state. Communication from Phillip Lamar, resigning as a member of the Citizen's Advisory Committee for Community Improvement. The resignations were accepted with regret on motion of Councilman Blake, seconded by Councilman Gallagher. 25. Communication from the.California Freeway Support Committee of the California State Chamber of Commerce, requesting the adoption by the City Council of a Level of Service Resolution for the California Freeway System was ordered received and filed on motion of Councilman Miller, seconded by Councilman Gallagher. Motion carried, Councilman Blake voting no. 26. On motion of Councilman Miller, seconded by Councilman Gallagher, the follow- ing contract payments were approved and ordered paid on December 10, 1968. Motion carried. L. D. Van Over Construction, Inc. Est. #4 $42990.62 Chorro Street Sewe =line (100% complete) City Plan No. 17 -68 L. D. Van Over Construction, Inc. Est. #5 (Final): 39810.99 Chorro Street Sewerline (100% complete) City Plan No. 17 -68 Burke Construction Co. Est. #1 202942.10 Laguna Lake Park (51% complete) City Plan No. 1 -69 C. S. Construction Co. Est. #3 Street Resurfacing Project (997. complete) 1,197.90 City Plan No. 3 -69 C. S. Construction Co. Est. X63 59117.40 Johnson Ave. Widening (787. complete) City Plan No. 4 -69 J. A. O'Kelley & Son Est. #1 43586.40 Orcutt Road Widening (427. complete) City Plan No. 9 -69 27. On motion of Councilman Spring, seconded by Councilman Miller., the following contract payment was approved and ordered paid on December 10, 1968. Motion carried. Maino Construction Co. Police Facility Certificate No. 3 $149692.50 28. On motion of Councilman Miller, seconded by Councilman Gallagher, the request of Mayor Whelchel for permission to leave the state from December 17, 1968, to January 3, 1969 was approved. 29. Herb Hanrion appeared before the City Council asking for permission to extend the front of his building at 733 Higuera Street 4 1/2" into the public sidewalk area as he is having a false front in the Mission Plaza style placed on the build- ing, and he would like the City Council to grant an encroachment permit into the public right -of -way. 9