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HomeMy WebLinkAbout10/24/1972MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA October 24, 1972 - 7:00 P. M. City Hall Pledge Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Citv Staff Present: J. H. Fitzpatrick, City Clerk; W. Flory, Director of Parks $ Recreation; R. D. Miller, Administrative Officer; R. A. Paul, Director of Water Services; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, City Attorney; R. D. Young, Planning Director. ------------------------------------------- ----------------------------- A. Mayor Schwartz thanked the San Luis Obispo Exchange Club for pre- senting the City with a Freedom Shrine which had just been installed in the Council chambers. The Shrine consisted of reproductions of historic documents starting with the Declaration of Independence through- the surrender documents of World War II. B. Mayor Schwartz announced that at the recent League of California Cities Conference, the City of San Luis Obispo had received first ' place award in the California Cities' Employees Safety Conference, Group 8 (cities having 141 to 200 employees). He stated this was the fifth time in six years that the City of San Luis Obispo had received this award. On behalf of the City Council, the Mayor congratulated the City's employees for maintaining'a safe work record which resulted in fewer injuries to individual employees and savings to the taxpayers of the City. C. Councilman Blake nominated Mrs. Lee Hagen to fill the vacancy on the Promotiohal Coordinating Committee as recommended by the Council sub- committee for selection of a new member. Councilman Gurnee seconded the nomination and the Council confirmed the appointment. C -1. The City Council authorized payment of claims against the City subject to the approval of the Administrative Officer. C -2. The following salary step increases were approved effective November 1, 1972: Bobby J. Gentry - Maintenance Man II From Step 3 or $674 to Step 4 or $710 Roberta l.Goddard - Accountant From Step 2 or $886 to Step 3 or $936 Delbert D. Heading - Maintenance Man II From Step 3 or $674 to Step 4 or $710 James R. Nicklas - Building Inspector From Step 3 or $862 to Step 4 or $910 City Council Minutes OCtober 24, 1972 Page 2 Louis J. Schwiebert, II - Police Officer From Step 3 or $886 to Step 4 or $936 Charles Blackburn - Police Officer From Step 4 or $910 to Step 5 or $960 C -3. The City Clerk reported the following bids were received for 1 Parking Lot No. 9 Improvement, City Plan 37 -72. Bids were received October 13, 1972 at 2:30 P. M. Engineer's Estimate $10$15.50 Conco General Engineering Cont. 9,433.00 Walter Brothers Construction 9,677.00 R. Burke Corporation 10,033.00 Madonna Construction Co. 10,700.00 Ted Watkins 11,382.00 The City Council awarded the contract to Conco General Engineering Contractors. C -4. The City Council approved an extra work order for Mission Plaza Development Phase 3, City Plan 9 -72 in the amount of $620.00, to be added to the contract with Madonna Construction Company. C -5. The City Council approved the request of Linnaea Phillips and her group to sponsor an "Old Fashioned Christmas" event in Mission Plaza on December 9 and 10 which would be similar to their "Old Fashioned Fourth of July ". C -6. A letter from University Square Bank of America supporting the idea of a singing Christmas tree for installation at University Square was received and filed. C -7. A communication from Leonard Blaser regarding consideration of Orcutt Road No. 1 Annexation was referred to the Planning Commission. C -8. The City Council approved the request of the Cal Poly Women's Physical Education Department for permission to use Mission Plaza on November 11 for a folk dance event. C -9. The City Council considered the request of ECOSLO to extend the agreement for use of City property for their recycling operation. D..F. Romero, City Engineer, stated the individual citizens often left trash and papers outside the fence when ECOSLO was not in operation. He also pointed out that the houskeeping at the site left something to be desired. Both of these conditions detracted from the entrance to the Sewage Treatment Plant. He requested that some requirement be included in the agreement to correct these discrepancies. The City Council approved continued use of the City property by ECOSLO and the City Clerk was asked to write to ECOSLO regarding their house- keeping practices. C -10. The City Council denied a claim of Joseph Betschart of 1429 Slack STreet for Roto- Rooter Service which he claimed was necessary due to blockage in the City sewer line. City Council Minutes October. 24, 1972 Page, 3" C -11. The City Council received and filed a report from the Planning Commission on the denial of a requested rezoning of 291, 301 and 321 Hathway Avenue from R -1 to R -2. C -12. The City Council approved the request of Theta Chi Fraternity for permission to close one block of Upham Street between Chorro and Santa Barbara Streets on October 31 for their annual haunted house, and referred the matter to the Police Department for coordination. C -13. The City Council approved the recommendation of the Advisory Committee on Joint Recreational Use of School District Property on priorities in the 1973 scheduling of the baseball stadium. C -14. The minutes of the Design Review Board meeting of September 20, 1972 were received and filed. C -15. The minutes of the Des:.gn Review Board meeting of October 3,.. 1972 were received and filed. C -16. The City Council approved the request of the Downtown Association for permission to decorate parking meters and light standards during the Christmas season and to place Santa's House in Mission Plaza, subject to review by the Police and Planning Departments. C -17. The City Council at the Vidar Corporation C -18. The City Council on weed abatement charge The City Clerk was asked charges must be paid. approved the request for a driveway modification plant, 2950 Southwood Drive. denied the appeal of Pauline Dubin and Gary Cully s after receiving a report from the Fire Chief. to notify the property owner and tenant that the C -19. The City Council received a petition from the residents of Long- view Lane concerning parking in the alley. On motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2391, a resolution restricting parking in Longview Alley. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None ' C -20., The City Council considered extension of Highland Drive to meet a new entrance to Cal Poly. On motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2380, a resolution approving an agreement with the Department of General Services and the Division of Highways for the extension of Highland Drive to State Route 1, and author- izing the Mayor to execute same. City Counci I hiinutes October 24, 1972 Page 4 Passed and adopted on the.following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None C -21. The City Council referred consideration of the final mao and subdivision agreemetn for Tract 429, Johnson Highlands, to the Planning Commission for an environmental impact report. C -22. The City Council received a letter from Repri?s6ntative Talcott providing a map of the proposed HR 16171 designating Lopez Canyon Wilderness Area and continued discussion to the November 13, 1972 study session. On motion of Councilman Graham, seconded by Councilman Brown, the consent items were approved as indicated. Motion carried. 1. D.i,.scussion of proposed advertising program of the Promotional Coordinating Committee for the balance of 1972/73. L. MacDonald, member of the Committee, reviewed for the City Council the proposed advertising program prepared for use in Sunset Magazine and over radio in the San Joaquin Valley. He explained that the media selected was done so on the least cost per thousand listeners. He stated that the theme of the advertising should be the quality of life in San Luis Obispo and the efforts which were being made to preserve that environment for residents and visitors. He continued that four four -inch ads and five one -inch ads would be placed in Sunset Magazine plus three specific event ads for La Fiesta, Poly Royal and the Mozart Festival. The total cost of the magazine campaign would be $2,491.50, and the radio campaign would be delivered over KFRE, Fresno, at a quarterly cost of $2,376.00. R. Dunin, Promotional Coordinating Committee Chairman, submitted a letter from the Motel -Hotel Association supporting the past efforts of the Promotional Coordinating Committee and endorsing the proposed program. Councilman Graham felt that the reverse type of advertising, asking people not to come to San Luis Obispo, had been overdone and he hoped that a more positive advertising campaign would be followed in the future. H. Odom, Promotional Committee member, presented proposed radio adver- tising campaign and played several sample ads for the Council's information. Councilman Gurnee hoped that the City Council would postpone action on the advertising campaign until the Council could review his letter and the Ivlayor's letter to the Promotional Coordinating Committee. Councilman Blake felt the Council had approved the promotional budget for 1972/73 and in so doing had already approved the program presented by the Committee for this year. He urged the City Council to proceed with the approved program. City Council Minwtes October 24, 1972 Page 5 Mavor Schwartz felt this item was before the City Council because of a complaint lodged by a member of the City Council regarding the type of advertising placed by the Promotional Coordi'nating Committee. He felt the Promotional Coordinating Committee was carrying out the charge given them by the City Council and approved in the 1972/73 budget which in- cluded media advertising. He felt the City Council should continue with the program until such time as they decided to completely revise or change the program. Councilman Brown agreed with the program as presented and hoped that the Council would support the program as included in the 1972/73 budget. Councilman Gurnee agreed that the Promotional Coordinating Committee was doing a good job as charged by the City Council but he felt the real question to be answered was the amount to be spent for media advertising for the City. On motion of Councilman Graham, seconded by Councilman Brown, that the program presented by the Promotional Coordinating Committee be approved and that they proceed with it. Motion carried with Councilman Gurnee voting no. 2 and 4. Robert A. Paul, Director of Water Services, submitted his report to the City Council on water supply deficiencies in Los Osos Valley and Lower Higuera areas. He stated the results of tests indicated that water supply deficiencies in the subject areas exceeded previous expectations. In fact, the lack of adequate fire protection and the potential health hazard during periods of high water demand resulting in a critical situation. He explained methods used in the performance of the tests and the results of each test. Based on these tests, he recommended that the City Council formally adopt the following as City policy: 1. Imposition of a total, but temporary, moratorium on new development of any description within the Los Osos `!alley and Lower Higuera area. 2. Consideration and immediate implementation of major water works improvements within these areas with due consideration to providing sufficient excess capacity to support a pre- determined level of future development. 3. Adoption of restrictions limiting future developments within these areas to those types that will not impose upon the improved supply system potential fire flow demands in excess of the improved systems capacity. Tim Gannon, State Department of Public Health, felt the health problem was of importance and the water system should keep sufficient pressure in the water lines to avoid a vacuum which would cause a public health hazard by suction in the water system which could cause a toxic situation in the City lines and he hoped that the City Council would adopt a policy as recommended by Mr. Paul in order to protect the citizens from public health dangers. Don Kaye, Fire Marshal, stated that the Los Osos Valley and Lower Higuera areas had become a dangerous situation with no water for fire emergencies. He urged the City Council to hold up development temporarily until fire protection reached adequate supply. Dean S. Kinqman, consulting water engineer, again reviewed for the Council's information the 1972 report on interim municipal water work improvements to alleviate water supply problems in Los Osos Valley. He stated that as a result of the tests made by Robert Paul, he too agreed with the recommendation for a temporary halt in development in Los Osos Valley and the Lower Higuera areas. City Council Minutes Ocotber 24, 1972 Page 6 Mr. Kingman felt that if ments for Alternate Stage for pipe lines and a tank tank could be constructed which time adequate water no further development be he City Council gave a go -ahead for improve - 2 which was the acquisition of a right of way site and the necessary engineering, that the and completed within a two year period, at flows would be available but he too urged that permitted in the subject areas during that time Robert A. Paul outlined the alternative solutions to the water problems in Los Osos Valley, including the installation of a large diameter pipeline loop from Santa Rosa and Foothill along Foothill to Los Osos Valley Road and back to 101 Freeway. He felt the loop in combination with a Valley storage facility would relieve the problems in the entire area, but due to the present discussion of the General Plan, there was to be no development planned for the area northwesterly of the existing City limits and therefore, this large pipeline would not be economically desireable. Another alternative would be to extend mains throught the City to Los Osos Valley Road to complete the tie -in. The suggested alignments included a proposal to serve the Edna Valley with a water main and tie across the southern City limits to the Los Osos Valley. The third alternative would be to construct a storage tank in Los Osos Valley with a capacity of 3 to 5 million gallons at an approximate cost of $555,000, based on the Kingman Report, to alleviate the problems in Los Osos Valley. Councilman Brown asked how .long it would take to.put such a tank into operation in Los Osos Valley. Robert A. Paul stated that considering the time to acquire the right - of -way, engineering design, bidding and construction, it would take approximatley two years. Councilman Brown asked how long it would take to put in the Foothill Main as suggested. R. D. Miller, Administrative Officer,. stated. that .it would take years, due to required right -of -way, etc. R. D. Miller suggested that possibly the City should consider the lease of a water tank for up to two years to help relieve the problems and also allow no additional development. He stated that rental for a 3,000 gallon tank would cost $10,000 to $15,000 for the period discussed. Councilman Graham asked what was meant by a temporary ban on develop- ment, and what about projects that had been approved and were not yet under construction. R. D. Young, Planning Director, stated all building.•.permits would be held in abeyance until water improvements were made and all subdivisions would be held up until water improvements had been made. Mayor Schwartz asked why the City could not operate the former wells it used on Madonna Road to help improve the water supply in this area. R. A. Paul replied that present information indicates that the quality of the water from the wells did not meet health requirements for use in domestic supply. In addition, studies by the engineer for Rybar Assoc. indicate that a very low yield could be expected. A. J. Shaw, City Attorney, explained legal steps involved if a moratorium was declared on all development. The reasons necessitating the moratorium should be set forth in detail, and the City should demonstrate its concern by taking all actions reasonably necessary to correct the situation in the least possible period of time. 1 1 1 City Council Minutes October-24, 1972 Page 7 Mayor Schwartz asked the Water Director how long this temporary moratorium should continue and how long it would take to put in a temporary system. R. A. Paul stated it would take one to two months to install the tank but he did not feel this would serve additional building or development in Los Osos Valley. Councilman Blake asked where the City planned to stop with building presently under construction such as Kimball Motor Company, Motel Six, .the Auto Club, etc. R. A. Paul felt that buildings with legal permits should be allowed to continue but no more permits should be issued until complete improve- ments to the water system had been made. Councilman Gurnee felt the Council had no alternative but to go along with the recommendation of the Water Director. He wondered how the City got into this situation. He felt this was caused by past policies and blunders in not properly planning for many years. He stated this was one of the reasons he had always voted against subdivisions and development in this area of the City, because he was aware of the water problem. R. D. Miller, Administrative Officer, said another way of putting it was that the Council had delayed approving annexations and /or further water facilities until certain decisions were made regarding land use, growth policies, etc. Councilman Blake agreed that the City Council should put in the temporary tank to at least protect the existing development. Councilman Brown also felt the City should protect the citizens and that the City Council should authorize R. A. Paul to prepare plans and speci- fications for the temporary tank and to work with the Planning Department to see where the final improvement should go. Councilman Graham felt the Water Director's report was timely and he agreed with the recommendations. He stated he knew there was a water problem but did not realize it was of the magnitude presented by the Water Director. Mayor Schwartz felt this was not the time to point fingers at who was to blame for the problem�but the Council should proceed with the necessary improvements to conform to the General Plan so that proper planning could be combined with future water needs. He agreed that a moratorium was needed and that the Water Director should proceed with plans and specifications for construction of the temporary tank to serve the existing development. Mr. Strong, representing Pacific Western Mobile Home Estates, stated he was still planning to move ahead with his development on Los Osos Valley Road and Foothill Boulevard, and that if the installation of a trans- mission main from the City limits along Foothill Boulevard to the existing connection on Los Osos Valley Road would solve the water problem and eliminate the moratorium, his firm would be most happy to finance th = project and place the phasel water line subject to the following conditions: 1. Allow property owners along Foothill Blvd. to connect to the water line and pay a pro -rata share of the cost 2. Reimbursement of cost as Foothill Blvd. develops 3. No advance of funds by Pacific Western for other water costs. 4. That the City cooperate and allow the use of condemnation for the right of way. City Council Minutes October 24, 1972 Page 8 Robert Born, hydraulic engineer representing the developers of Madonna Road Plaza extension, stated he agreed with the report of Mr. Paul and his review of the water system and problems in Los Osos Valley. He felt the City should proceed with a large 3 to 5 million gallon tank which would boost the entire southeast quadrant of the City and would allow continued development in the area. He agreed that there was a limited amount of potable water available through wells in the area and that it was of poor quality for domestic purposes. He felt the City should cooperate with existing property owners to develop adequate water to serve the entire area. He suggested that the City of San Luis Obispo look into a Federal grant for help with the financing. ',ales Lind, engineer for Garden Homes, Ltd., asked the City Council for special consideration for his principals as they were planning to spend barge amounts of money to improve the water system for the City by extending the water lines from Higuera to Los Osos Valley Road and Calle Joaquin. He felt the development of Garden Homes would be an advantage to the City as this development would not require further extension of existing facilities but would link two major water mains. He agreed that a large tank on the hill south of San Luis Obispo would do the job adequately and would guarantee fire flows. 0. Donley, attorney for the Reeder Development Company, felt that if the City Council went along with the recommendation for a moratorium on development, they would wipe out many developers who could not wait until the improvernents were made by the City to the water system and would have to let their plans sit. He urged the City Council not to declare a moratorium without further study of the problem. He concluded stating that the Reeder Development Company had a well on its property pumping 1400 gallons per minute and if it would help the City, they would be glad to let the City use it at no cost. Mayor Schwartz asked if the developer could use a well for domestic purposes. R. A. Paul, water Director, stated he doubted if sufficient water would be available to even serve the Reeder development. Further, if they supplied their development with water, they would come under the state requirements of a purveyor with the attendant legal restrictions and responsibilities. A. J. Shaw, City Attorney, made the following comments regarding private development of water. The water supplier would actually be a water purveyor under the Water Code, subject to licensing and permit require- ments of the State Department of Health. Warren Dolezal, Garden Homes. Ltd:, felt the City had an opportunity to work with individual developers and effect improvements to the City's water system which in his case would extend water lines to Los Osos Valley Road from Higuera Street. He concluded that if he could not get permits at this time, he would lose the option on the land and he did not know if he could get it again at a later date. Mrs. Dorothy Rible reminded the City Council of her warnings over the years of the lack of water and low pressures in the Los Osos Valley area and now what she had predicted has come about with the need for large expenditures to correct errors and blunders made by past Councils and administration. Further, the,citizens of the City would have to make large expenditures from tax'monies to bail out the new develop- ments which had caused the P rdb`. She wished the City Council to be _ aware of the feeling of the ml si :. nits of the area who had been opposed to this development and the a Q!..:Eost to serve them. A. J. Shaw, City Attorney, explained the legal steps the Council should now take to alleviate the present problem and stop development in the area. First the Council should adopt a resolution declaring an emergency and authorize the City staff to prepare plans and specifications for a temporary tank on a lease basis without bidding procedures and get the tank installed. 1 J 1 City Council Minutes October 24, 1972 Page 9 On motion of Councilman Gurnee, seconded by Councilman Brown, the follow- ing resolution was introduced; RESOLUTION NO. 2385, a resolution of the City of San Luis Obispo declaring the existence of a water supply situation dangerous to the health, safety, and welfare of the residents of the Los Osos Valley and authorizing emergency expenditures without formal bidding procedures to correct said situation. ' Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None A. J. Shaw stated that secondly, the City Council should order the City staff not to issue building, grading or other development permits in the Los Osos Valley or Lower Higuera areas, from the intersection of South Higuera and South Street and they--.should consider adopting an ordinance declaring a moratorium at the November 6, 1972 meeting. On motion of Councilman Gurnee, seconded by Councilman Brown, the City staff was instructed not to issue any further building, grading, or other development permits for the Los Osos•Valley /Lowe r:Higuer•a area; a public hearing was ordered for November 6, 1972, on the question of the adoption of a moratorium ordinance. Thirdly, A. J. Shaw stated the Council should require that prior to granting occupancy of the Deeter condominiums, Tract 410, the developer should be required to install two hydrants near the swimming pool, to ' be used by the Fire Department in case of an emergency in the tract. The Council agreed to incorporate this condition in the resolution. A. Stornetta, property owner, Lower Higuera, reminded the City Council that he had a fine well on his property at Prado Road and Higuera, and he was sure the developer would be willing to let the City use the well if it would help alleviate the problem. 3. The City Council considered a communication from R. A. Paul, Director of Water Services, asking that the City Council approve a policy of no temporary water service connections in the Los Osos Valley and Lower Higuera Areas except for use by the Fire Department for fire suppression, for use by the Water Department for sanitary flushing and pressure recordation, and for other uses approved by the City Council. P. A. Paul, stated he had requested any individual using a fire hydrant the purposes outlined in his letter. the City Police Department to cite within the affected area except for On motion of Councilman Graham, seconded by Councilman Gurnee, the recommendation of the Water Director was adopted as City policy. Motion carried. 5. The City Council considered the. Traffic Committee Report of September 29, 1972. 72- 8 -6T.. On July 20, 1972 the Traffic Committee wrote to the Council discussing the problems connected with Post Office requirements for installation of rural type mail receptacles in sidewalk areas in residential zones. We mentioned hazards occurring when cars became entangled with the boxes and the danger to pedestrians who might inad- vertently bump into these obstructions, plus a general unsightly appearance. Clty Council Minutes October 24, 1972 Page 10 At that time, we recommended that the City bar such boxes from the public right of way even if they were located back of the sidewalk. At this time, we would like to modify this recommendation to read that, where there is a sidewalk, we would like to have an ordinance passed which would require that any such boxes be placed back of the sidewalk. On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced. ORDINANCE NO. 572, an ordinance of the City of San Luis Obispo prohibiting the placement of mail boxes or other receptacles within the sidewalk areas of residential zones. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee NOES: Mayor Kenneth E. Schwartz ABSENT: None 72- 10 -1C. The Traffic Committee has met with Mrs. Hilda Roza, 704 Mission Street, regarding her request that the red zone alongside her house on Broad Street be eliminated and that the street centerline be moved to the west. After talking with her, it. appears that she is more concerned about the amount of red paint than the parking restriction, since the parking restriction actually helps her visibility in getting out of her driveway. She is agreeable to the posting of no parking signs and the removal of the red painting, and Mr. Romero is planning on making this change i.•f the Council does not object. The City Council had no objection to this recommendation. On motion of Councilman Brown, seconded by Councilman Blake, the action recommended by the City Engineer was approved. Motion carried. 72- 10 -2T. The Traffic Committee has received a rather comprehensive set of suggestions by E. C. Glover, 1328 Foothill Boulevard regarding traffic congestion and conflicting vehicle movements in his block of Foothill which is to the east of Crandall Way. Much of the confusion is evidently caused by motorists who do not realize that this is a dead end street. A new post type sign has been posted which is considered to be more visible than the previous sign. The suggestion that the "not a thru street" designation also be painted on the street surface seems to be impractical. Other suggestions likewise seem impractical or unconstitutional. However, we would like to suggest that parking be eliminated at the extreme easterly end of Foothill as well as both sides of the street on Foothill. We feel this would facilitate "U" turns for motorists who have inadvertently driven too far east on Foothill, but since this is a residential area, we suggest a public hearing. On motion of Mayor Schwartz, seconded by Councilman Graham, the recommendation was rejected. Motion carried. 72- 10 -3T. The Traffic Committee and Police Department have received many complaints about noise, speeding and general congestion in the vicinity of the Stafford Garden apartments. Berms have been suggested for the alleys to slow traffic, we are opposed to this in principle but recommend that all parking be eliminated in both alleys which run parallel to Stafford and which run into Kentucky. This should ease some of the congestion and we feel that the short length of the alleys does not real.ly allow much speeding. On motion of Councilman Blake, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2392, a resolution of the City of San Luis Obispo restricting parking in alleys near Stafford Street. 1 FJ 1 City Council Minutes October 24., 1972 Page 11 Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, T. Keith Gurnee, Kenneth E. Schwartz NOES: Myron Graham 1 ABSENT: None 72- 10 -4T. The Police Department has reported a hazardous condition at Funston and Lawton where no stop signs exist. We have looked at this and recommend that stop signs be installed on Funston stopping traffic at Lawton. On motion of Councilman Blake, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2393, a resolution establishing stop sign on Lawton Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 72- 10 -5T. We feel there is a visibility problem for eastbound motorists on Ella entering Johnson and feel that this problem would be alleviated if thirty feet of red zone were placed in front of the first residence north of Ella on the west side of Johnson, 1985 Johnson. A double driveway ramp to the north would also serve the same purpose. If the Council concurs, we suggest a public hearing. The City Council agreed with this recommendation to set a public hearing. The City Council concurred in the following negative recommendations: 72- 10 -6T. I•legative recommendations: (a) Request by resident on Kentucky Street that special parking stickers be issued allowing residents abutting two hour time limit zones to park freely in front of their own home. Councilman Gurnee is contacting the resident to advise him that, if he were to circulate a petition in his neighborhood to reverse the process of some years standing and remove the two hour parking restrictions completely, this could be entertained. (b) Request for crosswalk across Augusta connecting Judson Terrace and Cabrillo Convalescent Hospital. We feel this would offer a false sense of security. (c) Request for another crosswalk across Laurel west of Southwood Drive. There are three adult crossing guards in this generalized area, and we feel that installation of another cross- walk might lead to a request for a fourth guard. Without a guard 1 the crosswalk would probably represent a greater hazard than if no marked crosswalk were present. Furthermore, we feel that youngsters should be encouraged to cross at Augusta where an adult guard is present during peak hours when shcool is in session. (d) Mr. Romero's suggestion that advance warning signs be installed at such locations as Tank Farm Road to alert westbound motorists to the South Higuera Street intersection. (e) Suggestion of Albert Eglash that "mirror system" be installed at Grand and Garfield. City Council Minutes October 24, 1972 Page 12 6. At this time the City Council continued discussion of the reduction of the height of the hedge at 390 Islay in accordance with the provisions of Section 3200.36 of the Municipal Code. A. J. Shaw, City Attorney, stating that the Municipal the height of hedges, etc. that the City could expose to enforce the design safe had actual or constructive submitted an opinion to the City Council Code had no provisions to grant exceptions tc within the limited area of the ordinance, and itself to liability if it deliberately failed fy standards in the ordinance after the City notice of a violation. D. F. Romero, City Engineer, submitted a report to the City Council of the number of times this particular property had been cited for height of the hedge and the fact that several times the property owners had cut back the height of the hedge and trimmed it. The City Clerk presented a letter received from the Rev. W. D. Martin, the pastor of the church across the street from 390 Islay, supporting the request of the property owners and tenants to leave the hedge as is as he felt it was an asset to the Tickell property and to the neighborhood. The City Clerk then presented a letter received from W. E. Tickell requesting special consideration of the City Council to leave the hedge as it was presently growing but he state he would trim it back and was sure there would be no hazard to the safety of people at the intersection. Ken Bruce, tenant at 390 Islay, appeared before the Council to ask for special consideration to allow this hedge to remain as it is presently. He stated the hedge had been at this location for over 40 years and it is used to protect the living area of the property so that the tenants take advantage of the front and rear yards. Rev. Martin appeared in support of allowing the hedge to remain as it presently existed. Councilman Gurnee was opposed to cutting down the hedge as he felt it was an asset to the neighborhood and to the people living on the property. Councilman Blake felt the ordinance should be enforced in accordance with the opinion of the City Attorney as no exceptions could be granted under the present ordinance. On motion of Councilman Gurnee, seconded by Councilman Graham, that the matter be continued for further study by the Traffic Committee with a recommendation to the City Council, and that the City Engineer be requested not to enforce the matter until the Traffic Committee made its report. Motion carried. with Councilmen Blake and Brown voting no. The City Council appointed Councilmen Blake and Gurnee, Attorney Shaw, and City Engineer Romero to study the matter further in the form of a "HEDGE COMMITTEE'. 7. Councilman Gurnee requested that the City Council reconsider their action in appropriating funds for Grassroots II as at one time he was helping the organization and while he no longer took an active part in Grassroots Il, he felt there might have been a conflict of interest in his having voted aye with the rest of the Council. Mayor Schwartz asked the Council if they felt there was any reason to reopen the consideration of the Grassroots II grant and if they would change their minds on the matter. 1 r 1 City Council Minutes October 24, 1972 Page 13 The City Council felt they wished the action to stand as this revelation made no difference since Mr. Gurnee's involvement did not constitute a conflict of interest. The matter was received and filed. 6. R. D. Miller, Administrative Officer, submitted the first quarterly progress report on the Capital Improvement Program for 1972/73. He stated the progress report showed eight completed projects, eighteen in progress and seven were inactive. Several of the items to get under -way soon were University Square and Madonna Road Widenings, including traffic signals; Phase II of Meadow Park; the Johnson Avenue- Lizzie Street signal. One project had been returned to the active status since Cal Poly and the Division of Highways expressed interest in pursuing the extension of Highland Drive. He then reviewed individual projects carried over from the 1971/72 list to the current fiscal year. The report was ordered received and filed. 9. The Council subcommittee (Councilmen Graham and Gurnee) presented the following reocmmendations for the composition of and charge to a City transportation commission or study committee. 1. COMPOSITION - The recommended size of the body is seven persons, drawn from and representative of the following areas: a. Cal Poly student body - 1 person b. Transportation & planning expertise - 2 to 3 persons c. Business community - 1 to 2 persons d. Citizens' Advisory Commission - 2 persons representative of ' low income groups and the elderly community. 2. CHARGES - Investigate the following areas and make recommendations to the City Council: a. The need of the community for public transportation b. Develop a system of evaluation for use in comparing possible courses of action open to the City. c. Develop a comprehensive morphology of possible approaches d. Detail the characteristics of several particularly promising proposals e. Make specific recommendations as to quality and frequency of service, routing, revenue sources, quality of equipment, and the marketing and promotion of a system. f. Describe potential sources of financing, both internal and external. g. Carry out the above tasks within 60 days from the time that the Council consititutes the body. The Council also received a memorandum from R. D. Miller, Administrative Officer, offering his comments on the recommendations of the Sub - Committee. The Council received a letter from Dorothy E. Payne urging the adoption of a transit commission in the City of San Luis Obispo. ' The League of Women Voters approved the recommendations of the Sub - Committee for the charge and the composition of a transportation study committee. Mayor Schwartz presented a substitute to the proposal made by the Council Sub - Committee for the formation of the Committee to study the City's public transportation needs. He felt that the proposal should be formalized through a resolution so there would be no question as to the official intent of the City Council. The only difference between the Mayor's proposal and that of the subcommi.teee was in the areas from which the committee's members would be drawn. The Mayor proposed the following make -up of the committee: City Council Minutes October 24, 1972 Page 14 a. One person from the Cal Poly student body. b. One person from the Senior Citizens Organization c. One person from the Citizens Advisory Committee who can articulate the needs of low income families d. One person from the business community. e. One member of the Planning Commission f. Two persons with technical transportation /planning expertise On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced; RESOLUTION NO. 2382, a resoltuion regarding formation of an ad hoc transportation committee. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 10 8 11. The City Council considered a draft ordinance prohibiting construction work in subdivisions or planned developments prior to City approval of final map or precise plan. The Council also considered a draft ordinance prohibiting the issuance of permits for grading which threatens irreparable harm to the City's scenic and ecological resources except pursuant to an approved plan of development. The City Council discussed these proposed ordinances controlling grading and set the matter for public hearing on November 6, 1972. D. F. Romero, City Engineer, pointed out that the proposed ordinance would require all surplus materials from grading or trench excavation to be hauled out of the City, and that materials needed for development would have to be hauled into the City, thus creating an excessive amount of trucking and increasing the cost of development with no benefit gained. 12. The Director of the Water Department reported that as indicated by attendance at the study session held to discuss the problems in the Swazey Street area, those property owners apparently did not wish to form an assessment district to improve the water supply system in the area. Therefore, he recommended that the City Council adopt a resolution of policy requiring that all proposed improvement plans for projects within the Swazey Street area be submitted to the City Fire and Water Departments for review prior to the issuance of building permits. When such review indicated a need, issuance of the building permit should be conditioned on construction by the permittee of adequate water mains and fire hydrants. On motion of Councilman Graham, seconded by Councilman Brown, the follow- ing resolution was introduced; RESOLUTION NO. 2394, a resolution of the Council of the City of San Luis Obispo requiring the installation of adequate water mains and fire hydrants for new construction in the Swazey Street area. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz iJOES: None ABSENT: None C 1 City Council Minutes October 24, 1972 Page 15 13. The City Council received a communication from John Deeter, developer, requesting Council permission to grade and compact the existing stock pile of dirt located west of Descanso and south of Los Osos Valley Road in lieu of stock- piling,.grading not to exceed a depth of six inches (6 "). On motion of Councilman Gurnee, seconded by Councilman Brown, that the City Council grant permission for Deeter to plow and plant with an indigenoes grass after removing the concrete, distributing the soil T evenly with the contours of the land and with no further stock- piling of dirt on the site. Motion carried. 14. Consideration of plans and specifications for the Madonna Inn Force Main, City Plan 8 -73 was continued to November 6, 1972. 15. Consideration of plans and specifications for Stan Cole Drainage Improvements, City Plan 6 -73 was continued to November 6, 1972. 16. On motion of Councilman Gurnee, seconded by Councilman Graham, that the request of the Chamber of Commerce for a sign on the sign standard on Chorro Street.in front of their office to indicate their location be granted. Motion carried. 17. The City Council considered a letter from the League of California Cities regarding endorsement of ballot propositions. It was the feeling of the Mayor that the City Council should make some recommendation for the guidance of the public. On motion of Mayor Schwartz, seconded by Councilman Graham, the follow- ing resolution was introduced; RESOLUTION NO. 2383, a resolution of the Council of the City of San Luis Obispo supporting and opposing certain propositions on the ballot for the General Election, November 7, 1972. Passed and adopted on the following roll call vote: AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None ::ABSTAINS: Emmons Blake 18. Discussion of the Legislative Bulletin from the League of California Cities concerning open space planning and subdivision map act revision was continued to November 13, 1972. A report on this subject was requested from the Planning Commission. 19. The City Council received a communication from the Division of Highways notifying them that a small parcel of surplus land located southeasterly of the intersection of Freeway 101 and Lower Higuera Street was available for acquisition by the City subject to no development, as this was a flood area for San Luis Creek. Mayor Schwartz urged the City Council to purchase this small parcel of land as it was in the area of the entrance to the Cityand would be better controlled by the City than by private owners. City Council Minutes October 24, 1972 Page 16 On motion of Mayor Schwartz, seconded by Councilman Brown, the following resolution was introduced; RESOLUTION NO. 2397, A resolution of the Council of the City of San Luis Obispo authorizing the acquisition of a parcel of surplus flood plain land from the Division of Highways. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None Councilman Gurnee left the meeting. 20. The City Council adjourned to executive session. 21. The meeting adjourned at 12:30 A. M. on October 25, 1972. APPROVED: December 4, 1972 AWINCRig ZPATRICK, CITY CLERK 1