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HomeMy WebLinkAbout10/20/1969City Council Minutes October 20, 1969 Page 2 City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Park and Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative . Officer; E. Rodgers, Police Chief; J. Wainscott, Battalion Chief, Fire Department; E. P. Thompson, Director of Water Department; D. F. Romero, City Engineer. The minutes of the meetings of August 4 & 18, 1969 were approved as presented. On motion of Councilman Miller, seconded by Councilman Graham, claims against the City for the month of October 1969 were approved and ordered paid subject to the approval of the Administrative Officer. 1. On motion of Councilman Miller, seconded by Councilman Spring, the Mayor '- was authorized to accept and record on behalf of the City a grant deed from the San Luis Coastal Unified School District for the Laguna Lake property. Motion carried. 2. On motion of Councilman Miller, seconded by Councilman Blake, the following ordinance was introduced-for final passage. Ordinance No. 463, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R -2 to R -H that property known as 1035 and 1063 Ella Street.) Finally passed on the following roll call vote: AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: Myron Graham ABSENT: None 3. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced for final passage. Ordinance No. 464, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from 1) U (Unclassified) to R -O-S (Residential Office- Combining), 2) from R -O -S (Residential Office- Combining) to R -2 -S (Residential Medium Density - Combining), and 3) from R -O -S (Residential Office- Combining) to R -H S (Residential High Density- Combining) that property located between Los Osos Road, Royal Way and Madonna Road extended.) Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 4. Communication from the As Students of San Luis Obispo Senior High School, requesting permission of the City Council to hold their annual home- coming parade in downtown San Luis Obispo on Friday, October 24, 1969. On motion of Councilman Graham, seconded by Councilman Spring, the request was approved subject to the approval and cooperation of the Police Depart ment. Motion carried. 1 1 1 City Council Minutes October 20, 1969 Page 3 5. Request from members of Lassen Hall, Cal Poly Dormitory, for Council permission to paint house numbers on curbs in residential areas as a fund raising program for their dormitory and requesting that the City Council waive the license fee for such a program. After discussion with representatives of the dormitory regarding the non- solici- tation;provisions of the Municipal Code, it was moved by Councilman Blak6, seconded by Councilman Spring that the business license fee be waived and that they operate under the provisions of the City ordinances. Motion carried. 6. At this time the City Council held a public hearing on Resolution No. 1975, a resolution preliminarily determining.that public interest, necessity and conven- ience require public improvements on portions of certain streets in the City of San Luis Obispo. (Brook Street and South Street) J. H. Fitzpatrick, City.Clerk, reported that the City Council had received four communications from property owners.on Brook Street requesting that their names be removed from the original petition requesting improvements on Brook Street. The signatures requested to be removed represented 22% of the frontage on Brook Street. The City Clerk then read a letter from Model Linen Supply, 34 South Street, stating that they were neither for or against the installation of street improvements on South Street but felt that the sewage drainage.problem in the main in South Street should be corrected before any consideration is given to paving or other street improvements. The City Clerk then read a letter from Mrs. Harry Dubin protesting the initiation of a special assessment district. The City Clerk then presented a report listing the property owners, the amount of frontage, the percentage of frontage of each parcel, the assessed valuation and the tentative assessment against each parcel as determined by the City Engineer. Mayor Schwartz declared the public hearing open. He explained that this project had been initiated by students from the local high school as a project to help improve an area inhabited by a minority group and low income groups. He stated that unfortunately it appeared that in the course of discussion among the property owners students and City staff that some erroneous information was derived.as to the responsibility for paying for the improvements. He continued that it has been the City's policy for many years not to improve streets at City expense but that the property owners on these streets put in the improvements and then they are maintained by the City perpetuity. He continued that a 60% sign -up of interested property owners was required prior to the initiation of a special assessment district. He stated that with the names that were removed at this time from the original petition, less than 30% of the property owners now supported the improvement district. D. F. Romero, City Engineer, reported that there had been no sign -up from property owners on South Street and with the withdrawal of the names from the petition less than 30% of the property owners are requesting improvements, including City owned property. H. Johnson explained that the proposed project involved two separate legal steps for installation of the improvements. He stated that the curb, gutter and side- walks could be put in under the provisions of the Municipal Code and as this was under Council control, the majority protest provision could be waived and the City could proceed. As far as the street paving was concerned it would be installed under the provisions of the 1911 Act, a state law, which provisions must be met, such -as the 60% sign -up. These provisions could not be waived by the Council. Councilman Blake stated he felt that the City should proceed, put in the street improvements, and force the improvement district as he felt it is needed to up- grade the general area. City Council Minutes October 20, 1969 Page 4 Councilman Spring stated he was opposed to the formation of an assessment district over the protests of the property owners. Councilman Graham stated he would support the formation of an improvement district to put in street improvements, primarily to alleviate the drainage problem during heavy storms, but he felt that due to the zoning restrictions and the fact that the property owners couldn't improve their property it would be unfair to add this additional burden. Councilman Miller stated that he did not feel that the zoning restrictions would be a detriment to the improvement of the existing buildings. He felt that the street should be improved to upgrade the neighborhood. He felt that both South Street and Brook Street should be improved. He felt the Council should force the improvement district over the protests of the property owners. D. F. Romero, City Engineer, explained to.the City Council that if the improve- ments were placed on Brook Street the width of the roadway could be 36 feet-wide with four feet of sidewalk area on each side. Rev. Lindsey, St. Luke's Baptist Church, urged the City Council to proceed with the installation of street improvements on Brook Street. Mrs. Rose Barger, 175 Brook Street, objected to the formation of an assessment district for street improvements as she felt that the cost would be too expensive for the property owners to handle. She felt that the installation of sidewalks was unnecessary for the neighborhood and further she felt the sidewalk instal- lation was being forced on them. J. Bower, property owner, Brook Street, questioned the present use of the pro- perty and the high cost of the street improvements when the zoning restrictions prohibit development of residential property in the area. Mrs. Alice Bowers asked if they developed their property to M zone use, would they be required to install parking under the provisions of the M zone? R. D. Young, Planning Director, explained that this area is zoned M for industrial manufacturing use and all the residential properties are now nonconforming and`' could only be maintained but not improved. He stated that if the residential buildings were destroyed by fire or any other manner they could not be rebuilt for residential use. He continued that if the property were developed to the M zone, off street parking and other requirements would be enforced. W. L. Howse, 171 Brook Street, agreed with the proposal to place improvements on Brook Street and hoped these improvements. would improve the drainage and alle- viate the flooding that has occurred in the past. He stated the main reason for objecting by the property owners was the cost of installing sidewalks at this time. He contined that even if the City Council eliminated the sidewalks from the project at this time, the property owners felt that the Council could come back at any time and order the sidewalks in and then assess their property. He stated he hoped the City Council would proceed with the formation of the improvement district. K. Owens, 183 Brook Street, stated it was her understanding and the understanding of the other property owners on Brook Street that no sidewalks would be included in the proposed street development. Mayor Schwartz declared the public hearing closed. Councilman Spring asked whether the frontage at St. Lukes Baptist Church would be assessed for street improvements. D. F. Romero, City Engineer, explained that the City plans call for curb, gutter and.driveway ramp across the end of Brook Street. On this basis the City had planned to assess St. Luke's Baptist Church. Councilman Graham asked if that portion of San Luis Creek adjacent to this area was included in the improvements being studied by the Corps of Engineers. 1 1 1 City Council Minutes October 20, 1969 Page 5 D. F. Romero explained that the Corps of Engineers had chosen certain areas where there was a.:critical hazard to the property and that this area was not in as much hazard as other locations and, therefore, was not to be included in the improvements. Councilman Graham asked if the installation of curb and gutters on Brook Street would help the drainage on that street. D. F. Romero replied that the installation of curb and gutter on Brook Street would be of considerable assistance during minor storms but would not help during major flooding of the area. H. Johnson, City Attorney, again explained that under the provisions of the 1911 Act, the City Council cannot waive the requirement of the majority protest unless the other provisions of the statute are followed. Mayor Schwartz stated that while this hearing did not include sidewalks for Brook Street, sometime in the future the property owners or Council could order the sidewalks installed at the property owners expense. He continued that full im- provements were desireable and needed,-but the Council must make the decision in view of the fact that less than 30% of the frontage property owners were in favor of the formation of an improvement district. He suggested that prior to improving the street at general City expense, the City Engineer should be instructed to-pre- pare a list of unimproved City streets in similar condition to Brook Street, and the Council could then set a priority for full street improvement. Councilman Miller urged that the City Council make a decision tonight on the matter of Brook and South improvement, and if the Council feels that Brook Street is not ready for improving, the Council should proceed with the full improvement of South Street due to its industrial use. On motion of Councilman Miller, seconded by Councilman Blake, that the City Council determines that the public convenience and necessity require the installation of curb, gutter and sidewalk and street improvement on South Street and curb, gutter and street improvement on Brook Street. Motion lost on the following roll call vote: AYES: Emmons Blake, Donald Q. Miller NOES: Myron Graham, Arthur F. Spring, Kenneth E. Schwartz ABSENT: None H. Johnson again explained that the curb, gutter and sidewalk would have to be installed under the provisions of the Municipal code and the street improvements would have to be installed under the provisions of the 1911, Act. On motion of Councilman Miller, seconded by Councilman Spring, that the City Council instruct the City Attorney to amend the existing ordinance on curb, gutter and sidewalk to include street paving and present it to the Council for their consideration at the November 3, 1969 meeting. Motion carried. On motion of Councilman Miller, seconded by Councilman Blake, the matter of the formation.of a special assessment district on South Street and Brook Street was ordered received and filed. Motion carried. On motion of Mayor Schwartz, seconded by Councilman Blake, the City Engineer was instructed to prepare a sketch of existing City streets not improved to City stan- dards, with his suggested priority for improving these streets. Motion carried. 7. Communication from Mrs. Emily Soukup, 537 Brizzolara Street, offering to donate two evergreen trees from her yard for installation in the Mission Plaza, the only condition being that after the trees have been moved the.holes would be filled by the City. Councilman Blake suggested that this matter be referred to the Tree Committee for study and report of recommendation. City Council Minutes' October 20, 1969 Page 6 L. Wilson, Park Foreman, reported that he had inspected these trees and they are 15 -foot cedar trees in good condition. He felt that although these trees do not --necessarily fit into the Mission Plaza theme, they could be placed at -other City parks and would be quite an asset. The Mayor referred the matter to the Tree Committee -and asked the City•Clerk to write a letter to Mrs. Soukup informing her of the disposition of her request at this time. 8. Communication from Garnett Hopkins, 690 Sandercock Street, regarding the wooden bridge structure on Sandercock Street which is in a state--of disrepair and is in dangerous condition. D. F. Romero, City Engineer, explained that the rickety fence existed on the pro- perty line and four feet away from the public sidewalk. In '..his opinion, the four foot level area between the sidewalk and the fence provides sufficient protection for pedestrians. H. Johnson, City Attorney, stated he did not feel that this bridge was the City's responsibility. He felt that the property owner should repair and maintain it. On motion of Mayor Schwartz, seconded by Councilman Blake, that the City Council take no action on this request, and that.the City Clerk notify the property owner of this dangerous condition. Motion carried. Councilman Miller voting no. 9:00 P.M. Mayor Schwartz declared a recess. 9:10 P.M. The meeting reconvened with all Councilmen present. 9. Communication from Volny Construction Company requesting a waiver from the 16 foot driveway requirement at 2451 and 2543 Broad Street, and requesting that they be allowed to install two 10 foot driveways instead. D. F. Romero, City Engineer, explained that the applicant should have re- quested permission to construct two 10 foot driveways within,a property frontage of less that 70 feet and that only the City Council could grant this approval. On motion of Councilman Blake, seconded by Councilman Graham, two 10 foot driveways were approved for 2541 and 2543 Broad Street. Motion carried. 10. D. Oxford, representing Paragon Homes, appeared before the City Council objecting to the requirement that they install a 6" water main from Henry Street to serve his development on Ella Street for sixteen apartments. He stated he felt that this would run the cost of the development to the point that it would be impossible to proceed with the plans. He stated they would be tying a six -inch main into a four =inch main which he felt would not really add to the water service or fire protection in the area. E. P. Thompson, Water Department Director, agreed that the installation of a six -inch main to this property would not add to the water supply or fire protection. He stated this entire area is deficient in water service, and went on to explain the plans to improve the overall water condition in the area in the future when funds become available. J. Wainscott, Battalion Chief, stated it was the Fire Department's recom- mendation that the property owner install a six -inch main and a fire hydrant at this time in order to increase fire protection to this general area. R. D. Miller, Administrative Officer, suggested that E. P. Thompson and J. Wainscott prepare a report of their recommendations to the City Council on the development of water lines to serve the Paragon Home development. Councilman Blake suggested that rather than having the developer install a line just to serve the property, that Paragon Homes be required to install an eight -inch water main in front of their development which would be con- nected to other eight -inch mains in the area as it develops. City Council Minutes October 20, 1969 Page 8 - 12. The Drainage and Litter Committee presented for the City Council's con - sideration.a proposed oidinace for the abatement of:obstructions in drainage channels as a public nuisance. H. Johnson, City Attorney, reviewed for the Council the provisions of thet proposed ordinance which would require the removal of any material consti- tuting a hazard to the free flow of water in a stream. Such a hazard would be declared a public nuisance and would be abated under the direction of the City Engineer. The ordinance establishes notification procedures to the property owner to abate the condition and also establishes appeal provisions of any action of the City Engineer. The proposed ordinance also establishes payment procedures for abatement of said nuisances. D. F. Romero urged the City Council to adopt the proposed ordinance as he feels it would be a tool that could be used by his department in keeping the drainage clear. On motion of Councilman Graham, seconded by Councilman Spring, the following ordinance was introduced. Ordinance No. 459, an ordinance abating obstructions in drainage channels as a public nuisance. Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None Mr. Romero requested Council guidance regarding enforcement of litter. He asked Council direction as to whether litter control could be made on the basis of hazard to natural drainage channels or on an esthetic basis, and whether enforcement should be made due to a period of regular inspection or on a complaint basis. By common consent of the Council, the primary factor mould be hazard to drainage flow and health, with a twice annual program of inspection par- ticularly before and after storms. 13. Communication from the Downtown Association requesting formation of a downtown parking advisory committee was continued pending receipt of the Downtown Association's parking survey. 14. Communication from.HUD regarding participation in the rent supplement program for federally assisted housing for low income families. The program is to develop 120 additional homes for low income families under sponsorship of the Sproul Construction Company in-the-Laguna Lake area. On motion of Councilman Graham, seconded by Councilman Spring, the Mayor was authorized to sign the statement for supplemental low income housing units. 15. J. Ross, architect for the new Greyhound bus terminal on South Street, appeared.before the City Council asking that the Council authorize a street type driveway entrance for the new Greyhound terminal. He stated he felt this type of entrance would provide better access to the property by the large•buses. He also asked that the driveway on Parker Street be 48 feet in width. D. F. Romero, City Engineer, stated he had no objection to the request. He felt that the street type.driveway would be desirable and also that the 48 feet driveway entrance would make better access for the buses. City Council Minutes October 20, 1969 Page 9 On motion of Councilman Blake, seconded by Councilman Graham, the request was approved due to the unusual use of -the property and for the convenience and comfort of the bus passengers. Motion carried. 16. Communication from J. Ross, Architect for the new Police Facility, for- warding Change Order No. 2 for final construction changes was continued as the change order had not been prepared by the architect. 17. Communication from the Division of Highways regarding additional grade separation for Broad Street at Freeway 101 was continued. 18. Communication from D. F. Romero, City Engineer, reporting on the feasi- bility of an underground utility district on Santa Rosa Street and on Madonna Road. In his letter, Mr. Romero pointed out that the rate of progress called for under present City ordinance leaves a great deal of unexpended P.G. & E. funds which could be used on other underground projects or could be used to speed up the downtown conversion. The City Council discussed the best area in the City to initiate new under- ground districts and felt the City Council should ask the Design Review Board to study the undergrounding of utilities along with the street tree program and also to confer with the Planning Commission on the recommended addition to the existing districts. 19. D. F. Romero, City Engineer, brought before the Council a request from St. Luke Baptist Church that the City water easement at the south end of . Brook Street be relocated three feet easterly in order to permit improvement and expansion of the church entry way. He stated that he did not feel this relocated easement would create problems for the City. After discussion it was the consensus of the Council to concur with the pro- ' posal subject to the approval of the City Attorney and preparation of the necessary documents for the initiation of the proposal. 20A. The City Clerk reported on the following bids received for Los Osos Road Widening, City Plan No. 9 -70. Engineer's Estimate $33,132.00 Burke.Const. Co. $29,593.80 San Luis Obispo J. A. O'Kelley & Son $29,796.00 San Luis Obispo M. J. Hermreck $30,646.30 Nipomo Madonna Const. Co. $32,305.70 San Luis Obispo H. D. Peterson $32,514.75 Atascadero D. F. Romero, City Engineer, recommended that the low bid of Burke Construction Company be accepted. On motion of Councilman Blake, seconded by Councilman Spring, the contract was awarded to Burke Construction Company. Motion carried. 20B. The City Clerk reported that no bids had been received for Landscaping the New Police Facility and that the bid opening date had been postponed to October 27, 1969 at 2:30 P.M. City Council Minutes October 20, 1969 Page 10 21. Traffic Committee Report of October 9, 1969. 69- 10 -9C. Despite the results of-the questionaire"which were distributed in the vicinity of the college this summer which appeared to lean a little in the di- rection of no further parking restrictions in this area, the Traffic Committee feels that this represented a limited sample of opinion in view of the poor pef- centage response. We feel that many people recognize a worsening problem of congestion in this area which is caused directly by the state's policy of char- ging for on- campus parking privileges. The Traffic Committee feels that there is a real . problem of city residents not being able to get near:-their proper ties and that this problem will get worse over the years. Therefore, were- commend extension of the two hour parking time limits from 9 a.m. to 6 p.m., Mondays through Fridays, holidays excepted on all sections of the following streets which do not now have such restrictions. Both sides of Both sides of Both sides of Both sides of Both sides of Both sides of Both sides of Both sides of Monte Vista from California easterly. California from Foothill to Hathway. Foothill from California easterly. Carpenter from Foothill to Hathway. Hathway from California to Kentucky. Bond from Hathway to Motley. Orange from Bond to Hathway. Motley from Slack to Bond. We feel that such restrictions would be no different from those surrounding other college campuses in the state•and would afford some relief for residents in the area. In the interest of fair play, however, we suggest that a public hearing be held on the matter and that it be widely advertised with notice to property owners in the area, to President Kennedy at Cal Poly, to the student newspaper, and so on. On motion of Councilman Miller, seconded by Councilman Blake, the recommenda- tion of the Traffic Committee was denied. Notion carried, Councilman Spring voting no. 69- 10 -1OT The Traffic Committee has noted a visibility problem at the inter- section of Murray and Santa Rosa for westbound motorists on Murray. It.is felt that this condition would be somewhat improved if two car spaces were painted red on the.east side of Santa Rosa north of Murray. If the Council concurs, it is suggested that we contact the Division of Highways to-secure approval. The City Council had no objection to this suggestion. 69- 10 -11T An obstruction to visibility and an actual physical hazard has been noted in and near the curb return!at Foothill and Santa Rosa for west- bound motorists on Foothill turning right and heading toward Morro Bay. It is felt that this condition would be improved if the curbing were painted red from the driveway ramp on Foothill (closest to Santa Rosa) around the corner to the first driveway ramp on Santa Rosa. If the Council concurs, we will" take care of the city portion on Foothill and correspond with the Division of Highways regarding their section on-Santa Rosa. On motion of Councilman Spring, seconded by Councilman Miller, the follow- ing resolution was introduced. Resolution No. 1980, a resolution establishing a red zone on Santa Rosa Street and one on Foothill Blvd. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz NOES: None ABSENT: None 1 1 City Council Minutes October 20, 1969 Page 11 22. Communication from Assemblyman William M. Ketchum forwarding a draft of a legislative proposal to require the inclusion of the LAFCO report with the sample ballots for elections for annexations to cities and special districts was approved on motion of Councilman Spring seconded by Councilman Blake. 23. Resolution from the County of Los,Angeles requesting support from.the City of San Luis.Obispo in their anti -trust suit against major automobile manufacturers for conspiring to restrain and delay the development and in- stallation of smog control devices. H. Johnson, City Attorney, stated he had just been notified by the State Attorney General that the state of California was investigating the anti- trust possibilities for counties and cities in this state and that the Attorney General had forwarded a resolution which could be adopted by the City Council if it wished to authorize the Attorney General to represent the City in any action that-'his office deemed appropriate, in the same manner that the City did in the Western Pipe Cases. On motion of Mayor Schwartz, seconded by Councilman Graham, the following resolution was introduced. Resolution No. 1979, a resolution authorizing the Attorney General of the State of California to represent the City in. any - action filed for damages arising from the alleged conspiracy to retard the introduction of smog control devices into California. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 24. On motion of Councilman Spring, seconded by Councilman Graham, the request of Bert Johnson for sick leave in excess of 15 days was approved. 25. On motion of Councilman Miller, seconded by Councilman Graham, the follow - ing salary step increases were approved. Baldwin, Charles - Police Lt. From Step 4 or $895 to Step 5 or $945 DeBord.e, Walter - Building Insp. From Step 3 or $697 to Step 4 or $740 Fennell, Arthur - Utly Plant Op. I From Step 2 or $515 to Step 3 or $545 Goulart, Evelyn - Typist C1erk.II From Step 1 or $390 to Step.2 or $410 Cox, Dennis - Groundskeeper From Step 3 or $697 to Step 4 or $740 Dulaney, Paula - Typest Clerk II From Step .1 or $39U to Step 2 or $410 Floyd, Ruth - Stenographer From Step 2 or $460 to Step 3 or $485 Lunsford, Larry - Police Sgt. From Step 4 or $803 to Step 5 or $845 Smosna, John - Building Insp. From Step 4 or $740 to Step 5 or $780 26. Communication from the City Housing Authority requesting that the pro- posed lease between the Housing Authority and the City for the City owned building at 1445 Santa Rosa Street be amended to reduce the lessee's respon- sibility for repairs to the exterior of the building from $100 for any single incident of damage.to $50. The reason for this request is there might be several instances requiring the $100 payment, which would exceed their budgeted allowance for office rental. -In.lieu of this requirement the Housing Authority would like permission to sublease a portion of the building in order to defray excessive maintenance costs. City Council Minutes October 20, 1969 Page 12 On motion of Councilman Spring, seconded by Councilman Blake, the liability for all incidents was to be limited to $100 per year with no authority to sublet the building. 27. R. D. Miller, Administrative Officer, announced the appointment of Leonard A. Hentschel to the position of Janitor, effective November 1, 1969 at Step 1 or $410 per month with a one year probationary period. 28. R. D. Miller, Administrative Officer, announced the appointment of Floyd Lewelling to the position of Maintenance Man II, effective 11 -1 -69 at Step 1 or $485 per month, subject to a one year probationary period. 30. Communication from R. C. Skinner regarding completion and acceptance of that portion of Tract 292 in the Laguna Lake area which has been resubdivided by Tracts 351 and 352. Mr. Skinner also requested clarification of the City policy on issuance of building and occupancy permits. D. F. Romero, City Engineer, cited several near precedents and stated that in his opinion, the request of Mr. Skinner was reasonable and would not establish an undesirable City precedent. D. F. Romero, City Engineer, stated that as far as the request for partial accep- tance of Tracts 351 & 352, this has been done in the past by the City. He stated he has no serious objections to granting the request. He.hoped it would speed the full completion and acceptance of the entire subdivision. H. Johnson, City Attorney, explained the legal ramifications of the Skinner re- quest. Although he pointed out that a recent amendment to the Business and Pro- fessional Code permitted partial acceptance of tracts, he noted that such action should be conditioned upon approval from the bonding company for Tract 292 as to the action and as to the amount proposed to be released from the bond origin- ally posted. He also explained the check list required in the Planning & Build= ing Dept. prior.to issuing building permits in subdivisions that Have not been accepted by the City. On motion of Councilman Blake, seconded by Councilman Graham, that the Council was willing to accept those portions of Tract 292 known as Tracts 351 & 352 and authorize the release of bonds on portions accepted when all the required in- spections have been completed, subject to the approval of the City Engineer and the approval of the bonding company for Tract 292. Motion carried. 31. Communication from Richard Clucas, SLO Senior High student, requesting per- mission to use the patio area at the rear of the Mission Mall for a drawing on behalf of the youth organization to help handicapped children. The drawing will be held on December 13, 1969. On motion of Councilman Blake, seconded by Councilman Graham, the request was approved. Motion carried. 32. Communication from the Park & Recreation Dept. forwarding a flag made by the boys and girls in the summer crafts program for use by the City as the City flag. The City Council accepted the gift and thanked the boys and girls in the crafts program for the flag. On motion of Councilman Blake, seconded by Councilman Miller, the meeting ad- journed, to 7:00 P.M. October 27, 1969. Approved: November 17, 1969 J. H. FITZPATRICK CITY CLERK 1 1 1