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HomeMy WebLinkAbout09/21/1970Pledge Roll Call Present: City Staff Present: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA .September 21, 1970 - 7:00 P.M. City Hall Emmons Blake, Myron Graham,.Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz R. Young,,Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Park and Recreation Supervisor; H. Johnson, City Attorney; E. Rodgers, Police Chief;.L. Schlobohm, Fire Chief; . E.P. Thompson, Water Director; D. F. Romero, City Engineer. C -1. The City Council approved the minutes of July 20, August 3, and August 10, 1970 as corrected. C -2. The Council considered the appointment of a member to the Design Re- view Board. On motion of Councilman Graham, seconded by Mayor Schwartz, Arne Nybak was nominated as a member of the Design Review Board. C -3. Communication regarding the proposed use of the dredge owned by the California State Men's Colony to remedy the insect problems at Laguna Lake was ordered received and filed. C -4. The request of the Muscular Dystrophy Association of America, Inc. to solicit funds door -to -door on September 25, 26 & 27.with an extension of ' the solicitation through October 15 was approved. C -5. Report of the City Clerk on bids received for the Street Tree Planting Project, City Plan 3 -71. 1. R. 0. Boyette Co. $21,242.00 Diamond Bar, CA 2. Wesley G. Watkins $22,962.00 Paso Robles, CA 3. Burke Construction Co. $20,588.40 San Luis .Obispo, CA 4. Fred Julien & Associates $17,468.88 San Luis Obispo, CA 5. Karleskint -Crum, Inc. $207192.80 San Luis Obispo, CA 6. Heatherwood Landscaping $16,512.00 Santa Maria, CA 7. L. R. Sull•l:van Const., Inc. $31,820.00 San Luis Obispo, CA ENGINEER'S ESTIMATE $21,500.00 The City Council accepted the low bid and awarded the contract to HEATHERWOOD LANDSCAPING OF Santa Maria. C -6. Report of the City Clerk on bids received for Street Reconstruction and Resurfacing Local Streets, City Plan 8 -71, 9 -71, and 10 -71. 1. C. S. Construction Co., Inc. $21,608.55 Pismo Beach, CA 2. Madonna Construction Co. $23,624,25 San Luis Obispo, CA 1 r-� I 1 1 City Council Minutes September 21, 1970 Page 2 3. M. J. Hermreck, Inc;.. Nipomc, CA 4.. Wesley G. Watkins Paso Robles, CA 5. R. Mc Gray, Inc. Santa Maria, CA 6. Walter Brothers Contt. San Luis Obispo,.CA 7. Burke Construction Co. San Luis Obispo, CA ENGINEER'S ESTIMATE $24,739..65 $25,777.00 $24,095.30 $27,861.25 $30,397.50 $22,754.35 The City Council accepted the low bid and awarded the contract to C. S. Construction Company of Pismo.Beach. C -7. The City Council approved:the following salary step increases effec- tive October 1, 1970: Chelquist, Cli. From Step 1 or Costa, Anthony From Step 3 or Gregory, Barry From Step 1 or (ford $666 - Po $746 L. - $666 Police Officer to Step 2 or $706 lice Officer. to Step 4 or.$792 Police Officer to Step 2 or $706 Johns, Johnny M. - Janitor From Step 2 or $466.to Step'3 or $492 Kirsch, Hilda - Stenographer (Part -time) From Step 1 or $233 to Step 2 or $246 Ramirez, William N. - Maintenance Man II From Step 2 or $552 to Step 3 or $584 Wilson, Lane - Park Foreman From Step 3 or $766 to Step 4 or $814' On motion of Councilman Spring, seconded by Councilman Graham, the consent items number one (1) through seven (7) were accepted as recommended.. 1. Pat Gerety, Planning Assistant, presented for the Council's consideration a mock -up of the proposed directional sign to be used in the Mission Plaza as recommended by the Design Review Board. The model shown would be used at the three major entrances to the Mission Plaza and would direct people to the public and private facilities available in the Plaza. Mr. Gerety continued that the signs would be made of redwood with provisions for sliding names and locations in and out to avoid the necessity of re- doing.the signs as facilities change.. The City Council discussed the suggestion of the Design Review Board and felt that these signs would be an attractive asset to the Plaza. On motion of Mayor Schwartz, seconded by Councilman Graham, the Planning Department was author•iied to prepare plans and specifications and cost estimates for preparation of the directional signs. Motion carried. 2. Drew Pringle, Parade Chairman for the Cal Poly Homecoming Parade to be held October 24, 1970, appeared before the Council requesting permission to conduct the parade in downtown San.Luis Obispo. On motion of Councilman Blake, seconded by Councilman Spring, the parade permit was approved subject to the approval by the Police and Fire Departments. City Council Minutes September 21, 1970 Page 3 3. Mark Riley, representing San Luis Obispo County 4 -H Clubs, thanked the City Council for proclaiming October 4 through 10 as "4-H Week" in San Luis Obispo. He briefly listed some of the accomplishments of the 4 -H Club in serving the youth of California. He then presented each member of the City Council with a certificate of thanks and a book on 4 -.H activities. The Mayor thanked the 4 -H Club and Mark Riley for their appearance at the meeting. 4. Communication from Mrs. Eva Brew requesting that the City reimburse her $259 for additional charges incurred by her in attempting to connect to the City sewer system at 1374 Oceanaire Drive. Mrs. Brew stated that her contractor attempted to connect to the sewer line at the place marked on the as -built plans for the tract but the sewer con- nection was never found even though the contractor dug where directed along the entire frontage of the lot both in front of and behind the sidewalk. No lateral was located. She felt that the City should reimburse her for the extra charge as she felt it was the City's responsibility to keep the map accurate so that property owners could develop their property. Mrs. Brew appeared before the City Council reiterating her claim for the charges due to the inability of the City to give her.the location of her sewer lateral. She stated that she had contacted Ray Skinner, the develop- er of the tract, and he told her the City had accepted the subdivision in- cluding the sewer lines and that it was his opinion that it was the City's responsibility to pay her for this extra cost. H. Johnson, City Attorney, commented on the legal aspects of this claim as follows: In view of the denial of the claim by the City's insurance car- rier, the City Council. in allowing this claim would . itself . become the insurer for this type of loss. The responsibility appears to be solely that of the subdivider and his engineering.consultants, particularly since this is a latent and not a visible defect. Councilman Miller stated that he felt Mrs. Brew had legitimate claim against the City as he felt the City, as operator of the sewer, should know where the sewer lines and house connections were located.. He further felt that when the City Engineer accepted plans from the subdivider then the City assumed the responsibility for the operation of the system. Councilman Blake stated that he felt that he could agree with some of the comments of Councilman Miller as far as the property owner was concerned but felt that the developer and the subdividers engineer should-be held responsible.to Mrs. Brew and as the City accepts .many documents each day, the Council cannot expect the City staff to check and review each docu- ment for accuracy. He felt that Mrs. Brew should file a suit against the developer and his: engineer to collect her extra cost. Councilman Spring felt the City had some responsibility in this matter and should pay Mrs. Brew and then file suit against the engineer who filed plans giving the alleged location of the sewer line. Councilman Graham agreed with Councilman Spring and also felt the City should support Mrs. Brew in getting her funds from the developer and his engineer. D. F. Romero, City Engineer, explained.that both the City Inspector and the City sewer maintenance man were satisfied that a sewer lateral is in place even though extensive investigation could not determine where it enters the property. . Mayor Schwartz asked the City Attorney if the City could join Mrs. Brew in a suit against the developer and.his engineer in.order to collect these overcosts. H. Johnson answered that the loss has been incurred by Mrs. Brew alone be- cause it is apparently just a lateral that is missing, so it is difficult to see how the City could show a pecuniary loss. However, the City could assist the property owner in preparing her compll.a:int in small claims court and could join as a party, if the Council desired, on the basis of the interest;-it'.had by virtue of the subdivision agreement. City Council Minutes September 21, 1970 Page 4 Mayor Schwartz then asked if the City could cancel the business Ii.cense of the engineering firm on the basis of nonperformance. H. Johnson, City Attorney, stated that the City could not as the City busi- ness license was only a revenue measure. Mayor Schwartz then asked if the City could limit work done in the City by the engineering firm. The City Attorney replied that it could not. Mayor.Schwartz suggested that the City Attorney and the City Engineer write to the engineering firm for the developer stating that the as -built plans on this tract were incorrect and erroneous and that the City was looking into them to settle the claim against the City by Mrs. Brew. They should also state that the City would be happy to join in a suit with Mrs. Brew against the engineering firm. H. Johnson, City Attorney, stated that there might be a time problem already oh the statutory period to file claims against the engineering firm. Mayor Schwartz felt that the City should follow up by letter requesting the engineer to pay for this claim and if they did not pay, the City should file suit and if the case is denied in court, then the City should pay the claim. Councilman Miller felt that the City should not delay any longer on this matter but pay Mrs.. Brew her $259 and sue the engineer or developer to re- claim the money. On motion of Councilman Miller, seconded by Councilman Spring, that the City pay the Brew claim of $259 and that the City take legal action to get the money from the engineer or developer. Councilman Spring stated that he seconded by motion because he felt that the City was partially responsible for this problem. Councilman Blake questioned the legality of giving away public funds.in this matter and felt that Mrs. Brew could wait a little longer to see if the City could settle this matter with the engineer even if it takes the filing of a court suit to collect. H. Johnson, City Attorney, then commented that the payment of this claim could establish a precedent for past and future problems of a similar nature. D. F. Romero, City Engineer, commented that the City had on file "as- built" plans as old as the early 1930's, and undoubtedly many were inaccurate. The motion lost on the following roll call vote: AYES: Councilmen Miller and Spring NOES: Councilmen Graham, Blake, and Mayor Schwartz ABSENT: None On motion of Mayor Schwartz, seconded by Councilman Blake, that the City + Council direct the City Attorney and the City Engineer to communicate directly with the engineering firm involved for immediate settlement..of the Brew claim and, if not settled, the City was to join with Mrs. Brew in a suit in court to collect the funds. Motion carried on the following roll call vote: AYES: Councilman Blake, Graham, Spring, Miller and Mayor Schwartz NOES: None ABSENT: None City Council Minutes September 21, 1970 Page 5 5.: _Council discussion of the request of Tropicana Village to relax the overnight parking restrictions on Broad, Meinecke and Murray Streets for three weeks. They were constructing a permanent bridge on Ramona Street in their development and it would be.three weeks before it would be com- pleted and open to traffic to the rear parking lots. No one appeared rep- resenting Tropicana Village. E. Rodgers, Police Chief, presented a report on the parking at Tropicana and in adjacent areas as of September 19, 1970. D. F. Romero, City Engineer explained the Tropicana construction problems. Robert Matheny, 71 North Broad Street, objected to the treatment by the Baker development of the adjacent property owners as the Baker brothers have made no provisions for their tenants to park while the construction of the bridge is underway. Further, he wanted to know why they had not planned for this construction during the summer period. CounciI man .BJ.ake.:feIt that the temporary existing road should be upgraded by the Baker brothers in order to make it more convenient to the residents. He also felt that this was a temporary inconvenience and that the improve- ment would soon be completed which would add much needed student housing in the City. Loren Suth'er.'l,and ,. manager. for Jrop•i Cana„ requested that the .City Council - honor the Baker request as the parking at the student development was very diffi- cult until the construction was completed. Bill Sackrider, Luneta Drive, objected to the City Council on the continuing parking problems caused by the Baker development in the area. Bob Barrows, 870 Meinecke, objected to the continual parking problems caused by`ithe Baker housing development. He.stated that he had no objection to allowing parking on the streets until the bridge had been completed but was wondering what would happen to the parking when unit three was under. construction. Councilman Miller urged the City to push the Baker brothers to complete the Ramona Street bridge as rapidly as possible. Councilman Graham asked if Baker brothers could rent some space from the Polin shopping center for overnight parking during the construction of unit.three. Councilman Blake agreed that the Tropicana operators could make arrangements with the shopping center so that students who left early in the morning could clear the shopping center lot and not cause any problems to the shop- pers. He also felt that the Bakers should be required to improve the temporary access and parking lots' in the rear of their development. Mayor Schwartz felt the Council should deny the request as he felt the developer was in control of his own development plans and also knew the school schedule and should have taken this into consideration in his construction schedule. On motion of Mayor Schwartz, seconded by Councilman Miller, that the request of Tropicana be denied. Motion carried with Councilman Graham voting no. 21. Councilman Miller brought to the Council's attention the possibility of initiating and delineating bicycle ways in the City of San Luis Obispo in order to allow bicycle riders a medium of safety when riding on the streets. Mrs. Ubhi, 275 North Chorro, urged the City Council to encourage the students and citizens in the City to ride bicycles in order to alleviate the parking and pollution problem caused by motor vehicles. She felt that if this were encouraged, San Luis Obispo would be a nicer place in which to live and shop. Councilman Blake felt the suggestion was commendable and should be encouraged with construction of bicycle trails fanning out from the Cal Poly Campus to make it easier for students to use bicycles. City Council Minutes September 21, 1970 Page 6 Becky Beckert_, student, stated tfiat she felt bicycles were a good way to travel and she hoped that the City Council would encourage more use of bicycles and that bicycle riding would help alleviate the parking problem and possibly reduce the cost of school.bus service.. Larry Souza urged that some marking should be made on the pavement to show where bicycles must travel as without this marking, it was.difficult for the motorist or cyclist to know exactly where-the bicycles should be. ' Further, he felt it was a pleasure to ride a bicycle in the City. Dan Schuster urged some kind of bicycle way or trail for the protection of the bicycle riders. He felt that..more people would ride bikes if there were some protection for.their.use. James Butler urged consideration for bicycle trails or paths for the pro - tection of bike riders. Louis Bertrando, 267 Foothill Blvd., urged some solution to the safety problem to protect bicycle riders from the motorists. Mis.Woolpert urged for safety's sake, alternating streets in the City one for bicycles and one for automobiles. Jean Fulkerson urged some bicycle trails or paths for bicycle riders for safety and to eliminate conflict with motorists. She felt that bicycle riding would clear up the atmosphere, was fun and was a healthy sport. Larry Mc Donald felt that people who ride bicycles enjoy themselves and are more observant of the environment around them than the person speeding down the street in an automobile. Arlene Sherman felt that some of the City streets should be paved as they are in extremely bad.shape• for bicycle riders with their small tires. Mary Gi.11espie.urged initiation of.bicycle trails so that more people could safely enjoy riding bicycles. Councilman Miller suggested that the Advertising Committee or Traffic Com- mittee could hold hearings on the bicycle ways and make recommendations to the City Council for solutions to the problem. On.moti:on of Councilman Miller, seconded by Councilman Blake, that the Citi- zen's Advisory Committee be requested to hold a study session on the proposal for the installation of bicycle paths in the City and then make a report to the City Council by November 9;:1970. Motion carried. 6. John M. Ryan, Tri- County Planning Coordinator of the Economic Opportunity Commission, appeared before the City Council requesting its support for a proposal to provide limited transportation service within the county to meet an urgent need of the senior citizens. He stated his proposal was not for a full - fledged public transportation system running on schedule and over definite routes but was more of a mini -bus which would cover certain areas of the County. By.appointment with the dispatcher, senior citizens could be picked up and brought to medical facilities or to shopping areas. Mr. Ryan stated that he would like the City Council expression of support to his proposal verifying the endorsing the program:: Secondly, he asked that any City had regarding the number., location and unfullf quirements of the senior citizens in the City would for the program. to prepare a written need that exists and information that the illed transportation re- be useful in planning The City Council felt that the proposal had merit-and encouraged Mr. Ryan and the EOC to proceed with the proposal. When more information was avail- able, the Council wished to have.the opportunity to look the program over and endorse it if it was feasible. The Council also offered Mr. Ryan the facilities of the various City departments for any information on senior citizens on file. City Council Minutes September 21, 1970 Page 7 9:40 P.M., Mayor Schwartz called a recess. 9:50 P.M.,the meeting reconvened with all Council members present. 7. Paul L. Plantz., DBA Flowers from Plantz, requested that the City Council cancel the.delinquent penalty for his 1970 business license as he did not receive any of the notices until September 2 from the City Clerk's office. ' Apparently the notices were lost in the mail and he felt that it was through no fault of his that the payment was not made. On Motion of Councilman Blake, seconded.by Councilman Miller, that the re- quest for cancellation of business license penalty be denied. Motion carried. 8. D. F. Romero, City Engineer, brought to the Council's attention the matter of the development conditions for the Boise Cascade mobile home development on South Higuera Street. Among the conditions set were several requiring possible City financial participation and he asked the,Council'.s consideration of these matters so that the developer could proceed with full knowledge of these financial implications. 1. A 12 -inch water main would be extended in South Higuera Street from Prado Road to the southerly edge of.the development; a distance.of 3,7.00 feet, with the City to participate in the excess capacity provided in the line be- yond that needed to serve the mobile home development park. The estimated cost of the City's share of excess capacity was $15,000. The developer ob- jected to this condition on the basis that he would prefer to develop his own water supply. However, the Planning Commission felt that the best interest of the community would be served by extension of the trunk main which would encourage steady growth in this portion of the City. 2. A second requirement called for the developer to install a City standard sewer lift station within the property with the City paying for excess capa- city beyond that needed to serve the development.' The developer had indi- cated he would prefer to install a privately operated and maintained, smaller inexpensive lift station rather than participate in the more expensive City installation. The Planning Commission action left this.matter flexible, depending on the wishes of the City Council regarding financial:partici- pation. Estimated cost of the City's share of the standard 'station would be $10,000 to $15,000. 3. A third condition called for a City sewer main to be installed from South Higuera Street to the new lift station and dedication of'appropriate easement. This sewer main would permit a collection line on South Higuera Street and Tank Farm Road. Since the development would be only using a small portion of the capacity of this line, the substantial portion of the cost would be borne by the City. Estimated cost to the City would be $12,000. Jim Sims, representing Boise Cascade, stated that he agreed with the pre - sentation.made by the City Engineer which included all questions of his firm. On motion of Councilman.Graham seconded by Councilman Miller. that recom- mendation #l, extend the water main from Prado Road.to the-Boise Cascade development be approved. Motion carried. On motion of Councilman Miller, seconded by Councilman Spring, that the City participate in the installation of.a City standard lift station with the City to pay excess capacity cost, Motion carried. ' On Motion of Councilman Miller, seconded by Councilman Spring, that the City participate in the 10" sewer line from South Higuera Street to the lift station. Motion carried. 9. Council consideration of the acceptance of Tract No. 395, Mission Development Company. City Council Minutes September 21, 1970 Page 8 D. F. Romero, City Engineer, reported that all the work required by the subdivision agreement had been completed except that thetas -built plans have not been completely checked and until they were, he would not release the subdivision bond. On motion of Councilman Miller, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION N0. 2094, a resoluuion accepting the off -site improvements in Tract No. 395. ' 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 10. Council consideration of the acceptance of Tract No. 401, requested by Felton Ferrini, developer. D. F. Romero, City Engineer, reported that all the work required by the sub- division agreement had been completed and that the work on the tract was exceptionally well done. The as -built plans had been filed and checked, and he recommended acceptance of the tract. On motion of Councilman Blake, seconded by Councilman Miller, the following resolution was introduced, RESOLUTION NO. 2095, a resolution accepting the off -site improvements in Tract No. 401. 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 11. Continuation of the public hearing on Resolution No. 2081, a resolution of intention to Abandon a Portion of California Boulevard. Hearing continued from September 8, 1970. Mayor Schwartz declared the public hearing open. D. F. Romero, City Engineer, reported that he had contacted P. G. 8 E. and that under present conditions, it was impossible for the utilities in this area to be place underground and still serve the freeway lighting facilities. No one else appeared before the City Council for or_:agai•nst the abandonment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Miller, the following resolution was introduced. RESOLUTION NO. 2096, a resolution finding and determining that a portion of California Boulevard is unnecessary for present or prospective street purposes and ordering the abandonment of same. 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 City Council Minutes September 21, 1970 Page 9 12. Traffic Commi.ttee.Report of September. 17, 1970. 70 -9 -9T. The Traffic Committee was requested by the Planning'Commission to consider the posting of the south side of Wilson between Grand and Park for a two -hour parking time.limit and also to allow the property owner of the apartment house at 607 Grand Avenue to ,paint parking "T's" on hogs side of Wilson for a distance of approximately,325 feet. Both of these measures were suggested as a possible method of alleviating'congestion oaused by extensive on- street parking. The Traffic Committee feels that the instal- lation of a two -hour time limit zone on Wilson would merely move the problem to other neighboring streets and we see no great problem caused by the present lack of parking "T's ". We therefore recommend against-both proposals. On motion of'- Councilman Miller, seconded by Councilman Spring, that the recommendation of the Traffic Committee be accepted. Motion carried with Councilman Graham voting no. 70- 9 -10 -T. The Traffic Committee has received a suggestion that we move the stop bars in the.north bound lane of Johnson at.Bishop to the south in order to clear the driveway exit from the General Hospital parking area.. However it is our understanding that the hospital plans to close this driveway exit onto Johnson in the near future and all vehicles will be entering Johnson via Bishop. On motion of Mayor Schwartz seconded by Councilman Spring, that the recom- mendation of the Traffic Committee be accepted. The City Clerk was instructed to write the County Hospital Administration to speed up the closing of the driveway exit on Johnson Avenue. ,Motion carried. 70- 9 -11T. The Traffic Committee has been requested to consider a red zone on the south side of Palm Street west of Chorro to facilitate right hand turning movements from Palm onto Chorro. This would involve about four car spaces. We feel that there is a problem here which could be easily corrected by this device and we so recommend. On motion of Councilman Blake, seconded by Councilman Miller, the following resolution was introduced. RESOLUTION NO. 2101, a resolution restricting parking on Palm Street. 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 70- 9 -12T. It has been suggested by the Police Department that the pedestrian walk -way along Madonna Road be improved in some fashion to encourage bicyclists and pedestrians to stay off the paved road surface. In studying this, the Traffic Committee was divided on the question of whether to main- tain the pedestrian walkway more or less in its present condition or to install a type of paved surface at a cost of about $3,.000.. We therefore refer the matter to the City Council for its consideration: On motion of Councilman Miller, seconded by Councilman Graham, that the recommendation of the Traffic Committee be accepted with an asphalt base path. Motion carried with Councilman -Blake voting no. 13. On motion of Councilman Miller, seconded by Councilman Graham, the followi.ng ordinance was introduced and passed to print. ORDINANCE NO. 501, an ordinance of the City of San Luis Obispo approving the annexation to said City of certain uninhabited territory designated "Weigold Annexation ". 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 r 1 1 City Council Minutes September 21, 1970 Page 10 14. On motion of Councilman Blake, seconded by Councilman Graham, the follow- ing resolution.was introduced. RESOLUTION NO. 2092,.a resolution approving and authorizing agreement between the County of San-'Luis Obispo and.the City of San Luis Obispo for the sale of real property at San Luis Obispo Airport by City to County. 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 A letter of transmittal would be submitted with the agreement to the City Council. 15.. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. RESOLUTION NO. 2093, a resolution accepting the donation of land for street widening by Elton Tognazzini and Charles Whitehead. 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 16A. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2098, a resolution finding and determining that a portion of Park Street is unnecessary for present or prospective street pruposes and ordering abandonment of same. 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 16B. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. RESOLTUION NO. 2099, a resolution finding and determining that a portion of Osos Street is unneccessary for present or prospective street purposes and ordering the abandonment of same. 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 17. D. F. Romero, City Engineer, presented for the Council's consideration plans and specifications for the Santa Rosa Street Widening, Walnut to Peach, City Plan 11 -70. He explained the amount of work to be completed under this contract, and estimated the cost to be $22,000. On motion of Councilman Miller seconded by.Councilman Blake, the plans and specifications were approved and the engineer was authorized to call for bids including four street trees from the Heatherwood Nursery contract. Motion carried. City Council Minutes September 21, 1970 Page 11 18. Communication from the City of Port Hueneme asking support from the City of San Luis Obispo of their stand against the FCC proposed limitation of franchise taxes for cable television. On motion of Councilman Miller, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION NO. 2100, a resolution expressing opposition to establishment of a two percent limitation on City franchise fees for cable TV. 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 19. Councilman Spring brought to the Council's attention the matter of poor cable TV reception within. the City and persistent blackouts in various areas to'subscribers of the cable.system. The City Clerk was requested to contact the cable TV company requesting a report on conversion for better service and any information relative to recent cable problems. 20. On motion of Mayor Schwartz,seconded by Councilman Blake, the following resolution was introduced. RESOLUTION NO. 2097, a resolution supporting the gehera'i order by the P.U.C. prohibiting pollution of a railroad rights -of- way by railroad corporations: 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 On motion of Councilman Graham, seconded by Councilman Spring, the meeting adjourned to 7:30.P.M., Monday, September 28, 1970. Motion carried. �,VK�'ATR-ItK,—CITY CLERK APPROVED: November 2, 1970 1 V' 1