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HomeMy WebLinkAbout05/17/1971MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA May 17, 1971 .12:10 P.M. City Hall Pledge Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer 1.. R. D. Miller, Administrative.Officer, explained the provisions in the proposed budget for the Youth Corps for 1971. The possibility of hiring one female under the Youth Corps program in order to keep the Art Center open or allow the Murray Adobe to be open to tourists when completed was discussed. The Administrative Officer was authorized to proceed with hiring the Youth Corps personnel and to add one position for a female. 2.. The City Council continued their Budget study with pages twenty - one (21)-through forty- three(43) inclusive. 3. The Council adjourned the meeting to Friday, May 21, 1971 at 12:10 P. M. APPROVED: June 7, 1971 1 I PATRICK, CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA May 17, 1971 - 7:00 P. M. City Hall " Pledge Roll Call Present: Emmons Blake; John C. Brown, Myron Gi-aham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: R. D.'Young, Planning Director; J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; H. Johnson, City Attorney; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. L. Rodgers, Police Chief; E. P. Thompson, Water Director; R. D. Miller, Administrative Officer. C -1. The City Council authorized payment of claims against the City subject-to the approval of the Administrative Officer. C -2. The City Council approved the minutes of the following Council meetings: April 8, 12 (noon & evening), 15, 19 and 27, 1971 and May 1, 1971. C -3. The City Council referred the claim of Mike McDonald, dated May 7, 1971 to the City's insurance company. 1 C -4. The City Council received and filed a communication from the California Regional Water Quality Control Board, Central Coast Region, stating the mercury content of the effluent from the City sewage treat- ment plant was lower than the maximum for drinking water. C -5. The City Council received and filed a communication from the City Engineer regarding measures taken to improve bicycle safety from drop inlet storm drain openings. C -6. The City Council authorized the Mayor to sign a letter of under- standing to Stanley V. Cole regarding the respective responsibilities of the parties relative to removal of drainage channel obstructions on the Cole property at 1041 -1043 Higuera Street. The City Engineer was instruc- ted to prepare plans and specifications. C -7. The City Council approved the following salary step increases: Berliner, Ellis B. - Fireman From Step 3 or $734 to Step 4 or $776 Kellerman, John L. - Chief Building Inspector From Step 4 or $996 to Step 5 or $1052 Pluneda, Joseph, Jr. - Utility Plant Operator From Step 2 or $574 to Step 3 or $608 C -8. The City Council received a communication from the Exchange Club Of San Luis Obispo requesting a permanent display area in the Council Chambers for a Freedom Shrine which consists of plaques displaying various documents of historic importance to all American citizens. The request was approved. City Council Minutes May 17, 1971 Page 2 On motion of Councilman Graham, seconded by Councilman Gurnee, the consent items were approved as indicated. Motion carried. 1. The City Council received a communication from the Human Relations Commission forwarding the following two recommendations: ' A. That the Recreation Department explore the use of the school buildings for a year -round recreational program. B. That the City Council instruct the Chief of Police to make it part of standard operating procedures that whenever he had advance knowledge of any public demonstration or civil disturbance, that he request that one or more members of the Human Relations Commission monitor the event. The City Council-discussed the first suggestion and felt it was a good one to explore. They hoped that the City and School District could get together and work out a mutual program for recreational use of school facilities. Mayor Schwartz suggested the Council ask the Human Relations Commission to meet with members of the Park and Recreation Commission to see what could be done for joint use of school facilities.. Councilman Gurnee felt the recommendation of the Human Relations Commis- sion was based on the need of the Cal Poly Physical Education Department for senior projects. H. Johnson, City Attorney, commented on possible insurance considerations when expanding recreational projects on other agencies' property. The City Council felt the Park and Recreation Commission should study. this matter and invite representatives of the Human Relations Commission to attend their next meeting-to discuss this proposal. The City Council then discussed the second recommendation from the Human Relations Commission. Councilman Graham felt that the request was appropriate and the Human Relations Commission could act as a fair and impartial observer in any civil disturbance. Councilman Blake disagreed as he did not feel that the.Human Relations Commission could remain as impartial observers as they would actually take part in the observance of the disturbance. He was opposed to the recommendation and suggested that the Human Relations Commission should take advantage of the Police Department's . "ride- along!' program and see how the Police Department operated. He also felt that.the.Hbman Relations Commission might review the Police Department Manual of Operations for riots or civil disturbances procedures. Councilman Brown stated he received a.different impression when he attended the Human Relations Commission,meeting, as it was his feeling that members of the Human Relations Commission wished to be in a better position to analyze complaints by actually witnessing what took place during a dis- turbance. He did not feel they wished to be a review board of police activities but only heeded the facts of the actual disturbance. Councilman Gurnee agreed with Councilman Brown's comments and stated that the Human Relations Commission only wanted to see what was happening so an intelligent analysis of complaints could be -made later. Mayor Schwartz stated he had mixed feelings about the request, not having attended the meeting. City Council Minutes May 17, 1971 Page 3 H. Johnson, City Attorney, stated that the presence of 'observers" at the scene of demonstrations could create additional insurance problems for the City and might hamper the efforts of police and the other law enforce- ment personnel to control the situation. The experience of communities which have established Police Review Boards composed of citizens who are not familiar with contemporary crowd control techniques has, to say the least, been an unfortunate one. This is not to say that legitimate complaints should not be investigated. Councilman Graham felt the Human Relations Commission was not criticizing the operations of the Police Department but wanted to witness any civil disturbance so they could handle any complaints or allegations against the Police Department. Councilman Brown suggested that the City Council invite the Human. Relations Commission'Chairman to attend the next Countil meeting in support and explanation of the request. The matter was continued to June 7, 1971 with H. Page to be invited to attend the meeting. 2. Presentation by the Design Review Board of a proposal to beautify 101 interchanged was continued. . 3. Communication from Dr. Aryan Roest requesting Council authority to discuss with A. Madonna, leasee of a portion of Laguna Lake Park property, the possibility of planting and protecting small trees in the proposed wildlife park which:now lies within the Madonna grazing lease. He continued that he was asking Council permission to discuss the matter with A. Madonna so that a start could be made for the wildlife area.. On motion of Councilman Graham, seconded by Councilman Brown, the request of Dr. Roest was approved with the Council to be notified on the outcome of the discussions. Motion carried. 4. Council consideration of the acceptance of public improvements in Tract 393 (R. Benzer, Lynne Development Co.). D. F. Romero, City Engineer, stated there were several items that. had to be accomplished in this tract and he asked that it be taken off-the agenda until the work had been completed. 8. Council consideration of the final map and approval of.the conditions for the subdivision of Tract 403 (Teakwood Terrace, J. Deeter).. D. F. Romero, City Engineer, presented the final map of Tract 403 stating that the map had been checked and was technically correct and met all re- quirements of the subdivision ordinance.. He then presented the subdivision agreement for the Council's consideration, listing the following special conditions placed on the acceptance. 1. The subdivider agrees to install curb, gutter and sidewalk-on the subdivision side of Los Osos Valley Road and Prefumo Canyon Road, to bring Los Osos Valley-Road to sub -grade from the edge of the existing structural road section, and-to bring the northerly half of Prefumo Canyon Road to sub- grade. The City agrees to base and pave these widened roadways. 2. The subdivider shall reimburse the City the sum of $1750 (50 lots at $35 /lot) and $1439.90 (lot one) for a.share of the capacity advanced by the City in the sewer trunk lines, lift station and force main serving the subdivision. 1 1 1 City Council Minutes May 17, 1971 Page 4 3. The subdivider shall pay-the City the sum of $3727.50 (10.65 net acres at $350 /acre) connection charge to the City water system in accordance with Section 7410.5.1 of the Municipal Code. 4. Subdivider shall reimburse the City the sum of $1908.07 ($4.75/ft. for 401.7 feet) for half the cost of the equivalent to an 8" water ' line extended along the Los Osos Valley frontage of the property. 5. Upon completion and acceptance of the 16 ".waterline on Los Osos Valley Road and the 12" water line on Prefumo Canyon Road, and receipt of a certified statement of cost, the City will pay for the difference between these sizes and an 8" line on Los Osos Valley Road and a 10" line on Prefumo Canyon Road. 6. The developer shall be entitled to such reimbursements for water and sewer main installation as are specified under Sections 7410 and 7500 of the Municipal Code. 7. The subdivider shall pay the City the sum of $4849 ($1 /ft. of street frontage) for planting of street trees. 8. It is mutually agreed that the grading permit fee will be de- posited with other subdivision inspection fees and that these funds will be treated as normal subdivision inspection fees. 9. Developer shall install stop signs.at all intersections with Peefumo Canyon Road and Los Osos Valley Road. John H. Deeter, developer, requested exception to Condition #5 and pro- posed that rather than deposit the total amount of the agreement that the City credit the developer with the difference.in the cost of water lines .that would ultimately be credited to his account. He also - requested an exception on item #7 due to the fact that the subdivider would be land- ' scaping both the condominium site and the apartment house site. He asked that the frontage charge for street trees be deleted. He also asked that only 2 the inspection fees be.deposited and the balance, if. needed, would be deposited before final acceptance by the City. H. Johnson, City Attorney, stated that in accordance with.the provisions of the Municipal Code, the City Council could not grant a request of the subdivider for a variance of item, #5 and the City Council could therefore take no action to approve that request. D. F. Romero, City Engineer, stated that on item #7, the City had granted an exception to Ray Skinner by deleting the street tree.charge for con- dominiums. He also stated that in a number of subdivisions, the City had allowed the developer to deposit z of the inspection fees instead of the full amount. The City Council withheld approval of item #5, denied item #7 as Teakwood Terrace was an apartment development and required the developer to follow the street tree ordinance. They did allow the developer to deposit only one -half of the inspection fees and reserved the right to request deposit of the other half later if needed. On motion of Councilman Graham, seconded by Councilman Gurnee, the follow- ing resolution was introduced. RESOLUTION NO. 2191, a resolution approving the final map of Tract 403, Teakwood Terrace. Passed and adopted on the following roll call vote:. AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes May 17, 1971 Page 5 5.. At this time the City Council held a public hearing on RESOLUTION NO. 2183, a resolution.requiring sidewalk improvements on portions of various streets in the City of San Luis Obispo. Mayor Schwartz declared the public hearing open. A. Ramona Drive - no one appeared before the City Council for or against I the sidewalk improvements. B. Tassaiara Drive - no one appeared before the City Council for or against the sidewalk improvements. . C. Rafael Way and Tassaiara Drive - no one appeared before the City Council for or against the sidewalk improvements. D. 399 Foothill Boulevard (Tassajara Side), and 11 South Tassajara. Mrs. F. J. Garner, 11 S. Tassajara, objected to the City forcing her to make further improvements on her property when.her property was damaged by a City approved project which allowed the moving of an adjacent drain- age channel which originally crossed the next property but was moved adjacent to her property causing a loss of land and now damage to buildings, etc. She objected to the City making any further improvements.to this property until the City did something to protect or correct the drainage channel. D. F. Romero, City Engineer, explai.ned the problem on the Garner property and stated that the installation-of sidewalks had no connection with the drainage problem as it was a standard sidewalk installation and the drain- age problem was on the adjacent property. George Martines, 399 Foothill Boulevard, objected to the instal.lation of ' sidewalks along his property due to the high cost that he would have to bear in placing a retaining wall in order to hold the sidewalk along the drainage channel which had been moved onto his property prior to purchase by him. He continued this was the third time the City had tried to place a sidewalk along his.property and he felt it was not fair until the City corrected the drainage problems on his property and the Garner property. D. F.. Romero, City Engineer, explained the methods that could be used to correct the drainage problem stating that these costs would normally be borne by the property owner. Mrs. Garner stated she would not pay for a sidewalk until someone, pre= ferably the City, paid to fix her property which was damaged by the change in the course of the drainage channel sometime after 1948. H. Johnson, City.Attorney, explained case law since 1948 regarding drain- age and drainage channels on private property. Councilman Blake felt the public hearing should be continued on the Garner and Martines properties until the next meeting so that the problem could be investigated and brought back to the Council so the matter would not again be deleted from consideration. The matter was continued until the next regular Council meeting. E. Cerro Romauldo Avenue E. Ellis, 315 Cerro Romauldo, stated he had no objection to the instal- lation of sidewalks but wished to know the type of sidewalk that would be placed.on. his property. City Council Minutes May 17, 1971 Page 6' D. F. Romero, City Engineer, explained that the recommended sidewalk was an integral with the curb, with spaces left as needed to protect the trees. J. M. Kern, 367 Cerro Romauldo, asked if-he could keep his second drive- way previously installed as he hoped to use it in the near future. 1 The City Engineer explained that if the driveway were to be used, it could remain. Mayor Schwartz declared the public hearing closed. On motion of Councilman Brown, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION NO. 2192, a resolution determining that public convenience and necessity require construction of certain improvements. Passed and adopted on the following roll call vote: AYES: .Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E..Schwartz NOES: None ABSENT: None. 6. At this time the City Council held a public hearing on the adoption of ORDINANCE NO. 521 and ordinance adopting the 1970.Uniform Building Code and amendments. The City Clerk reported that forty -four notices of the public hearing ' were sent to all licensed contractors in the City. J. Kellerman, Chief Building Inspector, explained the need for the adoption of the 1970 codes so that the City could take advantage of the new techniques and materials approved by the International Conference of Building Officials. He continued that Section 505 (c), area separation walls to be constructed of masonry or concrete was added to the code as many of the contractors doing business in the City at this time did not follow existing regulations for fire safety and that the only way this could be guaranteed was by a concrete or masonry separation wall. Don Kaye, Fire Marshall, reported that the City Fire Department was in full support of the Building Department's proposed amendments requiring masonry or concrete area separation walls. Mayor Schwartz declared the public hearing open. A. Volny, general contractor, reported to the City Council that he had discussed the adoption of the 1970 code with the Building. Inspector and with other contractors particularly the provisions of Section 505 (c) and that the building contractors would like to continue this matter for a few weeks to work out the code regulations with the City Departments and then present their comments at the next meeting. A. Volny stated that the contractors were also questioning Section 317 amending the Uniform Plumbing code regarding the addition of the sentence, "a six inch (6 ") layer of sand or comparable material shall be laid in ditches to provide a leveling and laying bed for pipe." J. Kellerman, Chief Building Inspector, explained that this condition already existed in the present plumbing code and was not a change from existing regulations. City Council Mlnutes May 17, 1971 Page 7 Dennis Wheeler,. general contractor, questioned the wording of Section 2629 regarding all slabs which had 6 x 6 - 10/10 wire mesh reinforcing. He suggested that following the word "all" the word "building" be inserted so that it will read al.l building slabs rather than all slabs. As far as Section 505 (c) were concerned, he recommended no change and let the contractor stand the cost if he made mistakes in setting the walls. Mayor Schwartz declared the public hearing closed. Mayor Schwartz suggested that Section 505 (c) be deleted with the con- tractor to understand that if they do not comply with the existing regulations,. they would be required to pay for there- working. He continued that the least number of changes or amendments made, by the City to the uniform code the better, as enforcement could be made much simpler as the people using the codes would have a better under- standing. He .agreed with D. Wheeler that adding the word "building" to Section 2629 would more clearly define it. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced. ORDINANCE NO. 521, an ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, sanitation, plumbing and maintenance of buildins or structures in the City of San Luis Obispo, State of California, pro- viding for the issuance of permits and collection of fees therefor, declaring fire districts, 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, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property on Iris, George and Ella Streets north of Ruth Street from R -1 to R -2.. R. D. Younq, Planning Director, presented the recommendation of the Planning Commission as follows: "The Commission, after'considering the comments of property owners in the area of proposed rezoning, reached the consensus that no action should be taken to rezone existing R -2 and R -3 property. However, it was their opinion that it.was logical to rezone existing R -1 to R -2. There were .a number of persons who thought the entire area should be zoned R -2. Conversely there were those that thought the area should remain zoned as it is. Because of this conflict of opinion, the Commission decided that, for the present, down zoning from R -3 to R -2 should.be initiated by the property owner. Mayor Schwartz declared the public hearing open. Jack Adams, 1235 Iris Street, stated he was not in favor of the R -2 zoning as recommended by the Planning Commission. L. H. Terrell, 1218 George Street, stated he was in favor of R -2 zoning for this area as recommended by the Planning Commission and if the property was rezoned, he could develop a second residence on his large lot. 1 1 1 City Council Minutes May 17, 1971 Page 8 Albin Hiltunen, 2045 Swazey Street, presented a petition dated April 1971 signed by fifty -five (55) persons opposed to the rezoning.of the area bounded by the Southern Pacific right of way, Ella Street,Rachel Street and Sierra Way to R -H (High Density Residential). The petition requested that the entire area be zoned to R -2 for medium density. He then stated that he and his neighbors were opposed to the rezoning of the entire area to R -H or higher density based on his knowledge of the area. He continued that he must oppose and protest the recommendation of the Planning Com- mission to rezone to R -2 as the entire area must be rezoned to R -2 in order to stop the speculator developers from killing this residential area with high density student housing. He felt the major reasons for the objections were the narrow streets and the lack of public facilities such as fire protection, water and sewer service. He felt that the people living in the area could live with the inadequate public services as long as the density was kept at a low level. Mayor Schwartz explained that the only area under discussion or that could be considered by the Council was the area recommended by the Planning Commission for rezoning and that was the area on Iris, George, and Ella Streets north of Ruth Street. A. Hiltunen stated he understood what was under discussion but that he had prepared his presentation for the entire area proposed for rezoning and could. not separate just this smaller area from his notes. 9:40 P. M. Mayor Schwartz called a recess. 9:50 P. M. The meeting reconvened with all Council members present. A. Hiltunen continued his comments on his opposition to the proposed re- zoning to R -2. He read a lengthy report including minutes of Planning Commission meetings at which the proposed and other rezonings in the area were considered. At the completion of his presentation he stated that after due consideration of his comments, he would withdraw his opposition to the rezoning hoping that at some time in the future the entire area could be zoned to R -2. On motion of Mayor Schwartz, seconded by Councilman Blake, the following ordinance was introduced. ORDINANCE NO. 523, an ordinance amending the Official Zone Map of the City of San Luis Obispo. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None The City Council asked the Planning Commission hearing on the entire area with the R -3 to be no hearing be held earlier than July 1971. 9. Traffic Committee Report of May 14, 1971. to consider another public zoned to R -2 but asked. that 71 -5 -1C. In accordance with Council direction, Mr. Romero has prepared a plan for improving traffic conditions at Bishop and Johnson. It involves closing off the parking lot access on to Johnson by the County, red curb- ing along the east side of Johnson north of Bishop to the first driveway entrance to the hospital, extending the present red zone on the west side of Johnson further to the. north thus moving the loading zone for the clinic City Council Minutes May 17, 1971 Page 9 to the north of the main entrance. All of these would enable the City to effectively channelize southbound traffic for left turn,.straight. ahead and right turn movements. The Traffic Committee recommends that the City take these steps once the County has closed off its parking lot access, which it has promised to do. 71 -5 -3T. It has been called to our attention that the existing yellow loading zone alongside the grocery store located at Mill and Santa Rosa is frequently misused. Vehicles park there on a long -term basis, requiring delivery trucks to double park and thus create a very hazardous condition. Since our policy is to allow trucks to park in red zones for loading and unloading purposes and since.a red zone seems to be more of a deterrent to unauthorized long -term parking, we recommend that the loading zone be replaced with a red zone. 71 -5 -4T. Now that the City has widened the east side of Santa Rosa Street between Higuera and Monterey, we do not feel that the complete parking prohibition is needed. However, we recommend that approxi- mately one red space be retained from the corner of Santa Rosa to the first driveway ramp to the south to facilitate right hand turning movements. We also recommend that red zones be painted in each direction from the two driveway ramps approximately a half car space thus leaving three car spaces for public use in that block. 71 -5 -5T. The Police Department has indicated a problem where Osos, Santa Barbara and Leff intersectlwith cars parked at the curb causing a tendency for southbound vehicles to swing wide and damage our center island bumpers. The Police Department has recommended and we concur in their suggestion that one car space be eliminated on both the north and south side of Leff on the west side of the Osos -Santa Barbara transition. We recommend that these red zones be authorized. 71 -5 -6T. The Police Department has noted an obstruction to visibility at the corner of South Higuera and Prado Road for traffic heading westerly on Prado and turning right on to South Higuera. It is a common occurrence for trucks or trailers to park on the east side of Higuera just north of Prado Road, thus creating quite a hazard. We therefore recommend that 40 feet.of curbing be painted red at this location. 71 -5 -9T. Now that Cerro Romauldo has been extended through to connect Patricia and Jeffrey and other side streets, it has been suggested that stop signs be installed on Cerro Romauldo at Patricia in both directions and that yield signs be authorized on Cerro Romauldo in both directions at Jeffrey. We so recommend. On motion of Councilman Blake, seconded by Councilman Brown, the follow- ing resolution was introduced. RESOLUTION NO. 2190, a resolution establishing red zones on Johnson Avenue, rescinding and establishing a yellow zone on Johnson Avenue; establishing a red zone on Mill Street; rescinding a red zone and establishing red zones and two -hour parking on Santa Rosa Street; establishing red zones on Osos and Santa Barbara Streets; establishing a red zone on South Higuera Street; and estab- lishing stop signs and yield signs on Cerro Romauldo. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C..Brown, Myron Graham, T. Keith Gurnee, Mayor Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes May 17, 1971 Page 10 71 -5 -2T. We have received a letter from the Chamber of Commerce urging the City to eliminate all parking at the curb on the east side of Santa Rosa from Palm to Walnut during the hours of 4 to 6 p.m., Sundays and Holidays excepted. According to the Chamber, this would match the existing red curbing which is effective at all hours between Monterey and Palm and is needed to ease traffic flows during peak hours. The Traffic Committee feels that the request is a good one and one which we could go along with. However, in accordance with Council policy which requires a public hearing when any residential frontages are involved, we recommend that such. a hearing be scheduled. The City Council accepted the recommendation of the Traffic Committee. 71- 5 -7T.. The City Engineer has been concerned with the driveway type entrance and exit at the main entrance to the Madonna -Road shopping center and feels that a regular street type section would facilitate the movement of cars off Madonna Road into the parking areas. We recommend that Mr. Romero be authorized to contact the owner stating that the City would not object to such a change and in fact encourage such a modification at the owner's expense. The City Council accepted the recommendation of the Traffic Committee. 71 -5 -8T. The Traffic Committee has received a request for a street light at the intersection of Los Osos Road and the frontage road exit in front of Morgan Flagg's new apartment house development which is a short distance south of Madonna ;Road. We feel this light is needed and recommend that the City.Engineer be authorized to order it. The City Engineer was authorized to proceed. 10. Communication from the Underground Utility Coordinating Committee re- garding the completion of the downtown underground utility district by September 1, 1971 and stating that it -was economically impractical to complete the district by that date due to increased costs involved in dual contracts and the possibility of having to cut the streets because of design or load changes. The letter stated that a report would soon be presented with a map showing proposed crossing or trenching operations within the City streets. Councilman Brown excused himself from the meeting due to possible conflict of interest. D. F. Romero, City Engineer, explained that the City had several alternates: 1) to proceed with the street paving and allow the utility companies to make street crossings at a later date; 2) to delay the entire paving pro- ject until spring of 1972 after utility companies have completed the work; or 3) conduct a partial paving project this summer for Higuera Street and streets to the north where there is minimum conflict, and conduct the re- mainder of the paving . project in the spring of 1972. Mr. Romero recommended the third alternate. There was general concurrence from the Council. After discussion the City Council asked the City Engineer to prepare plans and specifications for paving of streets to be presented at the June 7, 1971 meeting.. Councilman Brown resumed his place on the Council. 11. The City Council considered a request from Davis King Construction that the City complete the final abandonment of that portion of Loomis Street contiguous to Lot 14, Block 2 of Monterey Heights now that the conditions set by the Planning Commission had been met. City Council Minutes May 17, 1971 Page 11 The City Council discussed the request and considered the minutes of the Planning Commission regarding the minor subdivision and the City Council minutes of March 7, 1969. D. F. Romero explained that the Planning Commission action had granted an exception to the sidewalk requirements for the easterly 40 feet of the parcel a.s a condition of occupancy of the existing residence, how- ' ever, the Planning Commission action could not supersede Council requirements for abandonment. He pointed out that if the Council wished to delete the more easterly 40 feet, action must be taken to modify the previous resolution. After discussion, it was moved by Mayor Schwartz, seconded by Councilman Brown, that RESOLUTION NO. 1922 be amended to eliminate the more easterly forty (40) feet of sidewalk on Loomis Street subject to the filing of a covenant that the improvements would be placed when requested by the City. Motion carried. 12. The City Council considered a request from the Veterans of Foreign Wars Auxiliary to sell buddy poppies on May 21 and 22, 1971. On motion of Councilman Blake, seconded by Councilman Graham, the re- quest was approved. Motion carried. 13. On motion of Councilman Brown, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2193, a resolution increasing the 1970 -71 budget. Passed and adopted on the following roll call vote: AYES:_ Emmons Blake, John.C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 14. On motion of Mayor Schwartz, seconded by Councilman Graham, the appeal of Ron Benzer (Lynne Development) for a change in Council policy regarding tree planting deposits was denied. Motion carried. 15. The City Council.adjourned to executive session to discuss property acquisition involving possible litigation. 16. On motion of Councilman Brown, seconded by Councilman Gurnee, the meeting adjourned to Friday, May 21, 1971 at 12:10 P. M. Motion carried. APPROVED: June 7, 1971 ! l << F': ATRICK, CITY CLERK