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HomeMy WebLinkAbout11/03/1969MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA November 3, 1969 - 7:00 P.M. City Hall Pledge Roll Call Present: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz 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; D. F. Romero, City Engineer; J. Wainscott., Battalion Fire Chief; D. Englert, Police Captain; E. P. Thompson] Director of Water Department.' The minutes of the meetings-of August 25, 1969, September 22 8 & 23, 1969, and October 6 & 7, 1969 were approved as presented. On motion of Councilman Blake, seconded by Councilman Spring,•cla:ims against the City for the month of November 1969 were approved subject to the approval of the Administrative Officer. Motion carried. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. Communication from A. V. Muller, Attorney for Grace E. Barneberg, bringing to the Council's attention the fact that a large quantity of concrete slabs were dis- lodged during last year's storm and are now resting in the stream bed of Stenner Creek at the rear of 550 Dana Street on the estate of Grace Barneberg. He con- tinued this was brought tb:the Council's attention to put them on notice that these slabs may cause additional damage if they are allowed to remain in the stream bed. He hoped that the City Council would consider removal of these slabs prior to the winter storms. D. F. Romero, City Engineer, explained that a property owner on Brizzolara Street behind 550 Dana had built this slab slope protection in previous years and that these slabs had become underminded during last year's storms sliding into the creek. This had created a minimum obstruction which City crews plan to correct by relocation of the slabs in the bottom of the creek channel. H. Johnson, City Attorney, upon question, stated he felt that the liability in this matter was that of the private property owner who had caused this condition, but that once the City commenced removal operations it would, of cource, be assuming responsibility for exercising due care in such removal. He added that it appeared that the attorney for Mrs. Barneberg was merely putting'the City and the neighboring property owners who caused the problem on notice of what appears to be a hazardous condition. Furthermore, this may be one of thosecases which are intended to be corrected by adoption of the ordinance which was the next item on.the agenda. Councilman Blake stated that he had personally gone down and- looked at these concrete slabs in the creek and he had also looked not only at Stenner Creek but also San Luis Creek and felt there were problems of larger magnitude which could cause larger problems which should be taken care of. In fact, he stated there was enough waste and debris at -the edge of the Barneberg property to cause greater problems than thosecreated by the concrete slabs. Councilman Miller suggested that the City's Public Works crew should go in the creek and remove these slabs so there would be no possible problems. D. F. Romero stated that due to the size of the slabs and the difficult access, it would be extremely difficult to get in equipment to break down and remove these slabs. City Council Minutes November 3, 1969 Page 2 At this time the City Council considered the final adoption of Ordinance No. 459 an ordinance abating obstructions in drainage channels as a public nuisance. The ordinance was introduced at this time as the.Barneberg problem could be solved by the adoption of this ordinance. ' H. Johnson stated that if the City Council so desired, it could, under the pro - visions of the public health, safety and welfare laws of the state of Californiap adopt this ordinance immediately so that the City Engineer could commence enforce- ment prior to winter rains. The Council could at this time proceed with final passage of the ordinance as an emergency ordinance to go into effect immediately. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced to go into effect immediatley as an emergency measure. Ordinance No. 459, an ordinance abating obstructions in drainage channels as a public nuisance. Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Grraham, Arthur -F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None On motion of Councilman Blake, seconded by- Councilman Spring, the City Engineer, under the provisions of Ordinance No. 459, was to proceed against the property - owner whose concrete slabs fell into the creek at the rear of 550 Dana Street. - Motion carried. - ' 3. Communication from the Downtown Association stating they were-concerned that with the ultimate development of the Mission Plaza, the existing parking lot on Monterey Street will be removed, reducing tourist and visitor parking area in the vicinity of the Mission and Museum which might discourage tourists from visiting the City. They hoped that the City Council were making plans to replace this parting lot with a parking lot at Broad and Monterey. After discussion by the Council, the City Clerk was instructed to write the Down- town Association stating that no parking will be affected by the development of Phase I of the Mission Plaza program and -that prior to development of the second and third phases of the program the City Council will look into retaining parking or finding substitute parking in the general area. 4. Communication from the Chamber of Commerce outlining their plans for the 1969 Christmas Lighting Program and asking the City to send their budgeted $750 as the City's contribution to this program. On motion of Councilman Graham, seconded by Councilman Spring, the City.Clerk . was authorized to forward. the $750 to the Chamber of Commerce for 1969 Christmas Lighting Program. 5. Communication from the Chamber of Commerce requesting Council permission to place the Santa's House in the Mission Plaza the week before Thanksgiving as part of their downtown Christmas program. ' On motion of Councilman Miller., seconded by Councilman Spring, the request was approved subject to Santa's House being removed from the Mission Plaza by January 5, 1970. Notion carried. 11. Com.�nunication from property owners on•Felton Way requesting information on the disposition of City owned property which will be surplus to City needs, be- tween the new Highland Drive Extension and the rear of the deep lots which face Felton Way, owned by these property owners. D. F. Romero, City Engineer, explained that for many years the City had planned to dispose of the surplus property south of Highland Drive by :sale of this land to the Felton Way property owners, probably by means of an assessment district. With this approach these property owners would pay for half of the street im- provements as well as the land and would be able to split the parcels leaving frontage on Highland Drive and also on Felton Way. City Council Minutes November 3, 1969 Page 3 After discussion by the City Council, it was determined that prior to any dec- ision to form a special assessment district for this property to.pay for the improvements, it should first be annexed to the City. The City Attorney and City Engineer were instructed to start annexation proceedings on the property owned by the City and also that property still owned by Cal Poly. The Planning Commission was requested to study and make recommendations on the proposed - annexation including the Cal Poly portion and also the proposed sale of the property to adjacent property owners. The City Clerk was asked to write the. property owners notifying them of the City Council's action at this time.. 12. Communication from the City Tree Committee reporting on their review of Council tree policies, and their proposal to establish a tree program within the City. After discussion it was the-:consensus of the Committee that trees are the one primary ingredient needed to create a beautiful community; therefore, the Com- mittee recommends that the City initiate and pursue an active tree planting and maintenance program within the City of San Luis Obispo, The Committee made the following recommendations: 1. The committee recommended that a two man crew be established in the Parke and Recreation Department and that this crew be supplied with equipment con- sisting of a one ton truck with lift bucket, a one ton truck with chip container a brush chipper and all required safety equipment to maintain the trees within the City. It was the feeling of the Committee that there is sufficient work within the City to keep this crew busy indefinitely. The Committee requested that funds be included in the 1970 -71 Budget for this crew, and that the men be hired and the equipment purchased to start the program in July 1970. 2, The Tree-Committee felt there are sufficient day-to-day problems involving policy determination above the normal scope of staff decision and recommen- dation that the Tree Committee be established-as a standing committee similar .,tb';the Traffic Committee to meet as needed and make necessary recommendations U'.' the; City Council. 3, The Tree Committee recommended that all required tree planting in.dew subdivisions be conducted by the City at the subdivider's prepaid expense* The trees would be planted either at the time of occupancy or at the time of City acceptance of the subdivision, whichever. is sooner.. Size and type of trees, as well as location would.be determined by the Park Department in cooperation with the developer. If this.recommendation was approved it would .•:-replace the present unworkable tree planting program in subdivisions* 4. The Tree Committee recommended that all tree policy be included within one document, and suggested that the City Engineer, City Attorney and.Director of Parks and Recreation be instructed to draft a special document for review.-by the Tree Committee and adoption by the Council. 5. It was the opinion of the Tree Committee the existing acacia tree at 533 Buchon Street should be removed at City expense. '6. The Tree Committee recognizes the seriousness of the drainage problem caused by the tree blocking one barrel of the drainage structure on Santa Rosa Street near. the Harris Building; however the drainage problem only occurs at periodic intervals, whereas the very attractive trees can be enjoyed on a continuing basis. It was the recommendation of the Committee, therefore, that the trees not be removed and that the Public Works Department take what steps it feasibly can to provide an open waterway around the trees. R. D. Miller' Administrative Officer, questioned the financial implications of the Tree Committee's recommendations. 1. Councilman Blake stated that it was the intention of the Tree Committee that the new tree maintenance crew and planting program be funded by the general fund. City Council Minutes November 3, 1969 Page 4 On motion of Councilman Miller, seconded by Councilman Blake, recommendations one through four o .the Tree Committee were accepted by the City Council and referred to the Administrative Officer for programming in the future budget. Motion carried. On motion of Councilman. Miller, seconded by Councilman Blake,.recommendation No. 5 of the Tree Committee was accepted and the-City staff was authorized to proceed. - Motion carried. On motion of Councilman Miller, seconded by Councilman Blake, recommendation No. 6 of the Tree Committee was accepted and the Public Works Department was asked to see what could be done to keep the water way open. Motion carried. 13. Communication from Cecil L. Barba, 415 Jeffrey Drive, bringing to the Council's attention the damage being done to his property and public property by a street tree in front of his residence was referred to the Tree Committee for investigation on motion of Councilman Blake, seconded by Councilman Miller. Motion carried. 6. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from R -1 to PDA-2 that property located at 3217 Johnson Avenue on the west side of Johnson Avenue between Laurel Lane and Southwood Drive. The City Clerk reported that the notice had been published in the Telegram- Tribune and that a notice was mailed to each property owner of record owning property with- in 300 feet of the proposed rezoning. R. D. Young,, Planning Director, presented the following recommendation of the canning Commission recommending rezoning: -1. The-submitted plan is basically the same as the plan considered and approved by the Commission at its regular meeting of August 192 1969, except ' that -the number of units has been reduced to 35 and the number of parking spaces has been reduced to 75 spaces. 2. It was the opinion of the Commission that the revised site plan and density would be compatible with the surrounding neighborhood and would provide a proper transition between the C -N development to the south and the single family neighborhood to the north. The recommendation for approval of this rezoning was subject to the conditions following: 1. A. City standard hydrant with street shut -off valve shall be installed at the north corner of Johnson Avenue driveway ramp-entrance. 2. A 6 -inch domestic main from the street through;. a 4 -inch Hersey.FM, meter to a street shutt -off valve and a City. standard hydrant shall be-extended -300 feet within the property. The location to be approved by the Fire Department. 3. A ten -foot sewer easement shall be dedicated along the westerly boundary of the property. Said easement shall be left free of grading or construction. 4. The creek channel shall be improved to a high esthetic standard. Said im- provement shall be subject to approval of the City Engineer and Planning Director. 5. The subject property shall be completely fenced with the exception of the property line abutting the C -N-S District to the south. 6. A precise development plan shall be submitted within six months of the date of approval and construction shall commence .within six months of the date of approval of the precise plan. 79 The necessary property needed for street widening on Johnson Avenue shall be dedicated in accordance with normal City policy. Be The driveway approach onto Johnson Avenue shall be increased to 24 feet. 99 The grading and drainage plan shall be submitted to the Department of Planning and Building and the City Engineer for approval. City Council Minutes November 3, 1969 Page 5 The City Clerk read a letter from Larry Voss, Director of. Personnel Relations at Cal Poly, at the request of D. E. Stickler, stating that additional housing was needed for faculty and staff. The City Clerk presented a letter from C. E. Miller Jr., 2198 Rose Avenue, Joseph T. Perez, 3197 Johnson Avenue, and S. . Free, 3185 Johnson Avenue, stating that they did not feel that the proposed 3 townhouse:�apartments.would be an ob- jectionable addition to the area. They felt that the landscaping proposed by the developer would enhance the general surroundings. Mayor Schwartz declared the public hearing open and asked the public to keep their comments relative to the rezoning as approved by the Planning Commission and not prior rezoning requests. E. Jennings, Architect for the development, appeared before the City Council stating he felt .that the propsed outlay and use of the land was a good one. Further- he f6lt that'the proposed design takes care of all the prior objections to the development and further felt that a better living environment for the _ residents will be achieved through the use of open space and recreational area. He stated he felt the grading problem in this area could be resolved. He then presented for the Council's information and consideration a sketch of hid proposal:.ior_:grading the parking lot and the surrounding area. D. Stickler, developer, stated he felt that his development was needed in San LT due to the lack of housing available for rent. He felt that a town- house developement such as he is proposing is a good development for family . living. He felt the landscaping adequate and the development to be an attrac- tive addition to the community. He further felt that the proposed development lent itself to the topography of the land and would not be detrimental to ad- jacent property. He continued that his apartments would be economically feasible for development on the site but stated that single family development would mot. ' He urged the City Council to accept the recommendation of the Planning Commission and approve the requested rezoning as he felt that the development was a good design and would be an asset not only to the neighborhood but to the entire, community. L. Souza, 1319 Kentwood Drive, stated he did not feel that the new plan presented by fir. Stickler really met the criteria for planned development. He objected to design of the development on the basis of the lack of open space and recreat- ional area for tenants as the largest area of open space was in the parking lot and could not be used for recreational purposes. D. KeIU., 1337 Oakwood Court, also questioned if the plan really met the criteria. or a planned development as defined in the Zoning Ordinance. He questioned whether just reducing-the number of units proposed would make the development ^morepalatable as a planned development. - N. Colby, 3111 Richard Street, stated that except for reducing the number of units in the development he felt there was no difference in this plan from the other two plans previously presented. He felt that the plan does not really meet the conditions of the Planned Development section of the Zoning Ordinance -as no new or unique designs or use of land is proposed. He stated that he and his neighbors feel that whatever the development is called it is still going to be used for student housing as they do not feel that the average family could afford to pay the rent to be asked for these units. He-further urged the City , Council to very carefully study the grade of the parking lot and surrounding area in the proposed plan. T. Peterson, 3186 Rose Avenue, also objected to the development due to the minimum parking for the development and the fact that nothing new was added to the proposal, the only change being the reduction of five units. T. Manier.9 3183 Richard Street, objected to the development due to the loss of privacy and livability to the adjacent single family residences. He stated that this development will not be an asset to the neighborhood nor will it .add to the community well being. Annie Brennan, 1370 Kentwood Drive, stated she did not feel that this plan meets the criteria of the Planned Development as defined in the Zoning Oridinance. She also questioned the affect of the grading plan of the apartment development on adjacent areas. City Council Minutes November 3, 1969 Page 6 J..Tabb, 1232 Fernwood Drive, stated he was concerned primarlily with the in- creased traffic'in the neighborhood due to the apartment development. He also questioned the design of the apartments as he felt.they will not add to the area. J. Bass stated he felt that the present plan does not show anything unusual.or unique in the development :and felt that the City Council should deny this pro- ' posal on that basis alone. He also felt that the neighbors should be considered over a developer who was only interested in his personal gain. He stated the majority of the neighbors felt the same way he does about this development. T. Jennings, Architect for the development, appeared before the City Council stating he felt the plan was unusual and unique and was a good plan for the prop- erty involved and would also be an asset to the neighborhood. He continued that Us studies showed that this development will not overcrowd Johnson Avenue with traffic. He felt that with less units as proposed in the present plan more open space would be available for the residents of the development and larger recrea- tional areas were being proposed for the tenant's use. He continued that the ratio of open space to building and parking space was greater in his proposal than would be found in a single family area. He then reviewed with the City Council what he felt were the amenities to his plan for the .tenants of the development. M. Polin, property owner, stated that except for the few people who spoke before the City Council this evening objecting to the development it was his opinion that the majority of the people in the arei'were in full accord with what is being pro- posed for this property. He continued that he felt the purchasers had complied with every objection of the Planning Commission and Council by allowing more open space and reducing the number of units by 19. Further, it was his opinion that there would be no danger from traffic on Johnson Avenue. W. Bearse, realtor for the buyer, stat ' sign for the property and further this neighborhood but the entire city as he velop for single family.use• Further, met all the conditions laid out by the prior meetings* ad he felt that this plan was the best de- development would enhance not only the felt sure that this area would never de- he stated he felt that the developer had Planning Commission and City Council. at C..Miller, 2198 Rose Avenue, stated he supported development of apartments on this property and he had no objection to the plan proposed. He stated it was his personal opinion that this development could not be any noisier or annoying than the young people riding motorcycles in this vacant land day and night dur- ing the summer. C.'Swanson, 1331 Kentwood Drive, stated again that he did not feel that the plan met the conditions for a Planned Development. N. Col , 3111 Richard Street, again appeared before the Council objecting to having this apartment development forced on this fine residential neighborhood and urged the City Couhcil to deny the rezoning as' requested. T. Manier, 3183 Richard Street; questioned the density proposed in the Stickler development and stated he felt the density was too high for this neighborhood. Mrs. Tabb, 1232 Fernwood Drive, increased traffic in this area ' meat but also their visitors* before approving this proposal* warned the City Council to be very aware of the caused not only by the tenants of this develop- She felt the Council should be very careful T. Gingg, 3126 Rose Avenue, told the City Council that he had moved from the Foothill Boulevard area in order to get away from apartment developments.and had moved to this area as it was developing into a fine.residential neighbor - hodd. He asked the Council to -tell him where'he could go in order to live in an R -1 neighborhood in peace and quiet. Mayor Schwartz declared the public hearing closed. D. F. Romero, City Engineer, explained in detail the traffic access, grading and parking problems pertaining to the site. He pointed out to the Council that most of the open space would be sloped and that driveway and access iWovementss City Council Minutes November 3, 1969 Page 7 proposed would barely meet City minimum standards. He suggested that the pre- sentation did not present a true picture of,-the proposed development since it did not properly show the final slopes proposed for the site. Councilman Graham stated he felt there were too many units in the proposed plan and in =opinion the developer had not changed to g better design or use of the property. He stated he was sure that the 'architect with a little thought could come up with a better plan in view of the City Engineer's com- ments on the grading treatment. Mayor Schwartz stated it was his opinion that the density in the plan was' too high and felt that the planned development was hinged on the number of units proposed and not on the development or uniqueness of the plan. He stated it appeared to him that the parking area was the central area of the plan, and there were major problems in the grading of the development and how it would affect the adjoining area. He felt that the traffic flow in and out of the development was dangerous as was the traffic flow within the development itself. He also felt that the plan was not compatible with the neighborhood and the land characteristics were not used'to their advantage. He felt that the planned development was only being used to add units and not livability. Councilman Blake stated he felt that planned development was the answer for ultimate development of this difficult piece of property due to the topography. He felt that the grade of the parking lot was a real problem but that.it' could be made to fit the development and that due to the topography the density was satisfactory. Councilman Spring agreed that this' property could not be developed to R -1 density and felt that the only possible development for this property was under the planned development program.. He felt that thirty five units would not be too much for the parcel. - Councilman Miller stated that he was in favor of the planned development as proposed for this property with a density of '35 units. He felt it would not hurt the adjoining R -1 property. He agreed there might be some increase in traffic on Johnson Avenue, but the City had always planned Johnson Avenue as a major arterial street to handle increased traffic. It was his feeling that this development would be a good buffer between the R -1 zone and the commercial zone. On motion of Councilman Miller, seconded by Councilman Blake, the following ordinance was introduced. Ordinance. No. 46 5; an ordinance amending the Official Zone Map of the City of San Luis Obispo.--TT-0 rezone from R -1 to PD/R -2 that property located at 3217 Johnson Avenue) Passed to print on the following roll call vote: AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller NOES: Myron Graham, Kenneth E. Schwartz ABSENT: None 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from R -1 to R-2 that property consisting of lots 1 through 9, block 9 of the Buena Vista Addition, general location is the south side of Ella Street between Henry and Ruth "Streets. The City Clerk reported that all property owners of record within 300 fee't-of- the proposed rezoning received a notice of the public hearing and a notice was published in the Telegram- Tribune. R. D. Youngs Planning.Director, presented the following recommendation by the nning Commission for rezoning this property: a 1 1 l �I 1 City Council Minutes November 3, 1969 Page 8 1. This application involves nine lots which vary in size from approximately 7,600 square feet to 9,500 square feet.. The lots have.frontage on Ella Street .;.tirhich'is designated as•a..collector street on the major street and highway plan. 29 The property is bounded on the west by an R -H District, on the north by an R -2 District and on the east and south by an_R -1 District. 3. It was the opinion of the Commission that the requested rezoning was not in conflict with the recommendation of the General Plan and was a logical expansion of an existing multiple family district. . Mayor Schwartz declared the public hearing open. No one appeared before the City Council to_ oppose the rezoning. Mayor Schwartz declared the public hearing closed. On..motion of Councilman Miller, seconded by Councilman Graham, the following ordinance was introduced. Ordinance No. 463, . an ordinance amending the Official Zone Map of the City. (To rezone lots 1 through 9, Block 9 of the Buena Vista Addition from R -1 to R -2) 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 8. At this time the City Council held a public hearing on the recommendation of the Planning Commission to establish a building setback line on Osos Street be- tween Monterey and Higuera Streets, D. F. Romero, City Engineer, presented a sketch showing the ultimate width of oss Street and the effect on adjacent properties. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced. Ordinance No..4677 an ordinance establishing a building setback line on:-.Osos Street between Monterey and Higuera Streets. 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 9. Report of the Planning Commission on their denial of the requested rezoning of property located at 1337, 1339, 1341 and 1345 Broad Street from R -4 to C -2, was.ordered received and filed. 10. Communication from Paragon Homes regarding the decision made by the Council concerning the installation of a water main on Ella Street for their apartment development. They offered the following proposal:. 4 City Council Minutes November 3, 1969 Page 9 Paragon Homes would put on deposit with the City, $8 per front foot to cover the difference between &four -inch water line and an eight -inch line, at such time that the City feels necessary.to put the eight -inch line in, the deposit will be there to cover their part of the improvements. Also, they will pat on deposit $900 to cover fire hydrants and frontage fees the City requested for the project, totaling $2,500. E. P. Thompson, Water Department-Director,, recommended that the City Council accept the proposal of Paragon Homes as he felt this is a fair approach:to the water improvements on Ella - Street. On motion of Councilman Blake,•seconded by Councilman Spring, the proposal'of Paragon Homes to deposit $2,500 with the City to pay for the water main and fire hydrant on Ella-Street was approved. Motion carried. 14. H. Johnson, City Attorney, presented for the Council's consideration, an ordinance authorizing and approving an exchange of easements for public pur- poses at the end-of-Brook Street. He explained..that the - easements being ex- changed were of -equal value but they are being exchanged for the convenience of the property owner. On motion of Councilman Miller, seconded by Councilman Graham, the following ordinance was introduced. Qrdinance No. 468; an ordinance authorizing -and approving an exchange of easements for public purposes. 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. 15. Communication from D. F. Romero, City Engineer, regarding the 6- inch -sewer line in South Street serving -the Model Linen Supply which has been overloaded for a number of years. He stated that his department has checked this line many times and found that it simply cannot handle the large volumes of: water, being discharged from the laundry unless their operation is reduced. He felt that a parallel 8 -inch line would provide a total capacity of three times the present capacity which should be adequate for all present day needs. He con- tinued that the policy decision required here is that expansion of the - -line is due solely to the operation of one business which has enlarged over th years. He would like the-Council to determine if the expense of enlarging this facil- ity should, 1) be borne by the business.- making._the enlargement necessary -or 2) be considered a normal City expense. If the Council feels this should be a normal City expense, he proposed to include funds for this project in his 1970 -71 Budget request. On motion of Councilman Spring, seconded by Mayor;Schwartz, that =this matter be referred to the 1970 -71 Budget unless South Street is- improved sooner, with the property owner to participate on a 50150 basis with the City for cost of the improvement. 16. Communication from the Chief Building Inspector, notifying the City Council that they have posted 1018 Pacific Street and 1437 Nipomo Street for condem- nation because of substandard conditions and /or attractive nuisances.. He con- tinued that the recorded owners of these properties have been notified to eliminate these conditions but have failed to comply with these directives. He therefore requested necessary funding from the City Council to contract to have these buildings demolished. Communication from Gerald B. Evans,, property-owner-of 1018 Pacific•Street, stating that he had been in contact with the Building Department regarding these buildings but that after his August contact with the Planning and Build- ing Department he had received no additional information and was not aware of a time limit. He further stated that he will be out of the country during the month of November and asked that this matter be delayed until his return. J. Kellerman, Chief Building Inspector, stated he had no objections to delaying 1 1 City Council Minutes November 3, 1969 Page 10 the matter for one month but he hoped that a final decision could be reached without too much delay. He.continued that as far as 1437 Nipomo, E. Arnett, the property owner, had asked for a 60-day delay so that he could make arrang- ments to have the building torn down and the'lot cleared. J.-Kellerman stated that he had no objection to this delay. ' As far as the building at 1018 Pacific Street was concerned, the matter was continued for further contact with the property owner. 17. J. Kellerman, Chief Building Inspector, brought to the Council's attention an ordinance adopting a new electrical code for the City of San Luis Obispo. He briefed the provisions of the new code. He stated that the basic change in the ordinance was to update the electrical regulations for the City. Communication from Pacific Gas and Electric, requesting that Section 8310.1 (D) of the proposed electrical code which states that the Building Department may. request Pacific Gas and Electric to discontinue service to any occupancy where dangerous wiring or equipment is in operation unless such condition is corrected to the satisfaction of the.Building Inspector.within three days of notice served on the occupant and /or owner. Pacific Gas and Electric requested that this" section be changed to read "The Chief Electrical Inspector shall then immediately notify the serving utility in writing of the issuance of such order to discon- tinue use ". H. Johnson, City Attorney, stated that the wording in the ordinance would add no addi'tioal burden to the utility.--and would recommend that the wording in Section 8310.1 (D) stay in the ordinance. B. Hoffman, Pacific Gas and Electric, stated it.was his company's feelings that the amended wording as requested by their company would be agreeable to the utility and-to the customer. On motion of Councilman Graham,_ seconded by Councilman Blake, the following ordinance.was introduced. Ordinance No. 4627 an ordinance regulating the instal- lation, alteration, renovation, repair and maintenance of electrical and signal equipment within, on and around buildings and structures in the City of San Luis Obispo, State of California; providing for the issuance of permits and collection of fees therefore; providing penalties for the violation'thereof and repealing all ordinances and parts of ordinances in conflict therewith. 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 18, R. Leitcher, Downtown Association, presented for the Council's information • recent parking survey completed for downtown San Luis Obispo. The survey was • result of, questionaires completed by persons visiting the downtown San Luis Obispo area and property owners in the area, on various points dealing with parking conditions in San Luis Obispo. He continued _that the main thing this survey pointed out was that many people feel improvements are needed, object to parking meters,.etc. They also feel that additional study is needed in order to arrive at a good parking program for San Luis Obispo. He again suggested that the City Council appoint a downtown parking advisory committee to make recommendations to the Council regarding parking problems in San Luis Obispo. Councilman Graham felt a committee should be appointed to study parking needs. He felt that representatives of the Chamber of Commerce, Downtown Association and property owners should be on the committee. R. Leitcher stated he still felt a member of the City Council should be on'the committee to study parking. City Council Minutes November 3, 1969 Page 11 Mayor Schwartz stated he felt that members of the community should be on the committe to study the parking problem and bring back recommendations to the City Council for a final decision. He felt that Councilmen should not be on the committee so that a group decision could be made on the basis of the committee's report. He suggested the com mittee could consist of the following members: One representative of the Chamber of Commerce, two representatives of the Downtown Association, one property ownerp one representative of the Motel -Hotel Association, one member of the Planning Commission and two citizens at large, with one to be a housewife. Councilman Spring agreed with the comments: made by the Mayor and stated he too felt that no Councilmen should be on the committee but should be comprised of citizens of the community. The matter. was continued to November We 1969 with the Council members to nom- inate persons for the committee and also to propose a charge for the committee's activity. 19. Consideration by the Council of adopting an ordinance prohibiting the sale, within the City, of automobiles with internal combustion-'engines not equiped' with.. approved California state smog devices or equipped with power plants that do not pollute the air was continued. 20. Communication from the Division of Highways forwarding copies of Assembly Bill No. 1865, amending the Streets and Highways .Code m-as ordered received and filed. 21. On motion of Councilman Blake, seconded by Councilman Graham, the follow- ing contract payments were approved and ordered paid. Motion carried..:_.. Maino Construction Co. Payment #13 $222127.40 Police Facility Madonna Construction Coe'- Est. #2 . $22,095.00 Foothill - Cuesta Drainage Channel Lining City Plan No. 7 -70 Madonna Construction Co. Est. #3 $16,913.48 Madonna Rd. Culvert & Widening City Plan No. 12-69 M. J. Hermreck, Inc. Est. #1. $26,526.23 Street Reconstruction City Plan No. 1 -70 J. A. O'Kelly & Son Est. #1 $ 2,844.00 Highland Drive Extension City Plan No. 22-69 Burke Construction Co. Est. #1 $10013.19 Los Osos Rd. (A,B&C) City. Plan No. 9 -70 C. S. Construction Co. Est. #1 $30,208.41 Chorro St. Improvement City Plan No. 21-69 Midway Electric Est. #1 $ 719.55 Traffic Signal Installation City Plan No. 2 -70 23. Communication from the Cuesta College Booster Club, regarding their annual membership drive and requesting the City to participation was ordered received and filed on motion of Councilman Miller, seconded by Councilman Spring. Motion carried. 1 I City Council Minutes November 3, 1969 Page 13 1. Personal injury claim on behalf of J. F. Barker, Jr. and G. R..Golossi. 2. Property damage and personal injury on behalf of V. W. Laurn. 27. R. D. Miller, Administrative Officer, brought to the Council's attention the statement of R. Taylor, for preparation of specifications Phase I of the Mission Plaza project. He stated that Mr. Taylor would like to receive 75% of the 85% due him pending final corrections to the plans and specifications. ($2196.21) On motion of Mayor Schwartz, seconded by Councilman Graham, that the request of R. Taylor be approved for payment of $219,721. - 28. R. D. Miller, Administrative Officer, requested Council permission for an application to the County Auditor for an advance of .tax funds collected"on the 1969 -70 assessment roll, by November 17, 1969• The request was approved by the Council. 29. The City Council adjourned to executive session to discuss property-ac- quisition involving possible litigation. 30. On motion of Councilman Blake, seconded by Councilman Miller, the meeting adjourned to Wednesday, November 5s 1969 at 7:30 .M. 4 E' APPROVED: November 17, 1969 1