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HomeMy WebLinkAbout12/01/1969MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY CF SAN LUIS OBISPO, CALIFORNIA December 1, 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. M ller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief, The minutes of the meeting of November 5, 1969 were approved as presented* on-motion of Councilman Miller, seconded by Councilman Blake, claims against the City for the month of December 1969 were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried. 1. Communication from Dennis Landscaping requesting an extension of time to com- plete the landscaping project at the new Police Facility on Santa Rosa Street. He requested that a 30-day extension of the contract be approved. The reason for the requested extension are delays which were not the fault of the contractor. 1 Communication from P. Gerety, Planning Assistant, stating that the request from Dennis Landscaping and the reason for the request were valid and should be grant- ' ed. However, he recormended that only a 15-day extension be authorized rather than prolong the contract. On motion of Councilman Blake, seconded by Councilman S ri , that the contract for landscaping the Police Facility be extended for working days. Motion carried. 20 Communication from Ma;70r Marie Lindsey, Salvation Army, requesting permis- sion to place Christmas Kettles on the streets of San Luis Obispo was approved on motion of Councilman Graham, seconded by Councilman Blakey Motion carried. 5. Communication from the Advisory Committee on Joint Recreational Use of School District Property requesting that the City Council consider financing the con- struction of rest rooms, concession stand and pressbox and grading only of access road and parking area, at the San Luis Obispo Baseball Stadium at the Sinsheimer Recreational Area. On motion of Councilman Puller, seconded by Councilman Spring, the matter was referred to the Council budget session. Motion carried. 8. Communication from D. F. Romero, City Engineer, notifying the City Council that the City of Tulare is phasing out its parking meters and has available for sale, 365 single Duncan Miller meters and 96 double meters. He continued that his department has inspected the meters and found them to be in good condition. The City of Tulare is asking $19671 for the meters plus several hundred dollars worth of spare parts which works out to $3.65 per meter. A new meter costs $60 and a rebuilt meter costs $30. He recommended that the City purchase these meters to replace older meters in the City system and for spare parts. R. D. Miller, Administrative Officer, agreed with the request and recommended that the City Council authorize the purchase. City Council Minutes December 1, 1969 Page 2 On motion of Councilman Blake, seconded by Councilman Miller, the following reso- lution was introduced. Resolution No. 1984, a resolution increasing the 1969 -70 Budget. Passed grid adopted on the following roll call vote: ' AYES: Emmobs Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 9. - Communication from Neal- Truesdale Insurance, agent for the City's liability insurance for the period 12-7-67 to 7-1 Z9 forwarding the results of their final audit and an additional statement for premium .of $1,977. The additional premium was due to-the City having more,payrM than initially covered by the insurance. H. Johnson, City Attorney, stated that he had reviewed the billing from Neal - Turesdale and the initial estimated premium was based on payroll which was 20% lower than the actual payroll of eighteen months later. He felt that the prem- ium adjustment was in order. On motion of Councilman Graham-, seconded by Councilman Miller, the claim of $1,977 additional premium was ordered paid. Motion carried. 10. The public hearing on the request that the certificate of public convenience and-necessity to operate a taxicab service in San Luis Obispo be transferred from Ward D. McBrayer and Kathleen J. McBrayer to Lonnie Nichols and J. H. Nichols was continued to December 15, 19690 4, Dr, R. Krejsa, coordinator for the Committee to Save our Stream, appeared be- fore the City Council mon behalf of the Committee's efforts to save San Luis Creek from pollution. He stated that it was the Committee's feelings that the commun- ity should insure the future welfare of the creek as-an invaluable esthetic and recreational resource of the community. He stated that due to several unfortunate occurances in the past year the ecological balance of the stream has been-destroy- ed and it will take many years to bring the stream back to its original balance. He then presented to the City Council a petition signed by 1318 persons, both residents'and friends of the City of San Luis Obispo. The petition read as follows: As a matter of civic pride and just concern, we request that the City Council honor our petition by hearing our plea, by discussing the issue of pollution, and by making public a positive statement of the City's immediate and long - term goals regarding San Luis Creek and other feeder streams within the-City limits. More specifically, shall the creek remain a partly- covered disposal unit for the use of a few, or shall it be returned to its original condition as a stream worthy of, and complementary to, the beauty and enjoyment of our City and its people? Dr.- Kreasapthenread exerpts from a Fish and Game Report prepared on 1966 listing violations which caused pollution to San Luis Creek. He also read a letter from the Historical Society supporting the activities of this group in protecting the ' creek. He then read from a letter from the Downtown Association, endorsing the action of this committee, and a letter from R. Leitcher, property owner, enumer- ating several things which should be done to protect the creeks in San Luis Obispo. Dr. Krejsa, on behalf of the Committee to Save our Streams, presented the follow- ing recommendations for waste disposal control and sewage disposal for the City. t !,1 r 1 A r� i City Council Minutes December 1, 1969 Page 3 Waste Disposal 1. We recommend that the City Council determine the existing or potential sources and the quality and quantity of all waste discharged into San Luis Creek. 2. We request the City Council to direct that all sources of waste dis- charge found to enter the Creek via pipes, drains and culverts, be stopped by permantly sealing those exits. Further, we recommend that all establishments that dispose of waste in San Luis Creek be required to connect to the City sewage system for proper disposal of waste. 3. We recommend that the City immediately begin to enforce all existing ordinances against dumping of trash or rubbish within the City limits.. We further recommend that the Council enact similar stringent ordinance again disposal of waste in any City creek or tributary if such ordi- nance is not already in effect. . 4. We recommend that the Cityp by itself, or with the aid of the Department of Fish and Game and the Regional Water Resources Board, initiate legal action against those continuing to discharge into San Luis Creek and con- sequently causing detriment to stream life or the esthetic value of the stream. 5. We recommend that all existing and potential ordinances, and agencies'of the City whose functions..relate to environmental quality and beauty, be in, corporated into a new City agency whose function it would be to ensure the continued environmental Health of our city. We further recommend that upon its formation., representatives of this agency establish immediate. contact: with the Regional Water Resources Board to undertake the development of a ' Vater Quality Control Plan" which will establish uses and requirements for San Luis Creek in accordance with the Water Quality Act of Jan. 1,'1970. 6.. We recommend that the City, perhaps through: the above suggested agency, undertake periodic survelli.ance of San Luis Creek, especially in the tun - nel:area. Further, we recommend that the City undertake, either by con- _ tract with the Department of Fish and Game, or with Cal Poly, such additional biological surveys as are necessary to ensure the continued:' future welfare and health of this invaluable esthetic and recreational. resource. _ Sewage 1. In accordance with the provisions of Section 3 -f, Water Quality Control Board waste discharge requirements for the City of San Luis Obispo, we recommend that the City install a workable monitor system which will in- sure continuous non -toxic level of chorine and other specific components of their sewage treatment plant waste discharge which might adversely affect aquatic life in San Luis Creek. 2. We recommend that the City Engineer,.with the aid of the appropriate. City agencies, determine the cause of pump failures at the City sewage treat - ment plant. Furthermore, that positive steps be taken to substantially reduce and /or completely eliminate the possibility of untreated sewage discharge into San Luis Creek during both accidental bypasses and normal bypasses as occur during sotrm conditions. Bob Barrows, 870 Meinecke Street, stated he supported the objectives of the Save our Stream Committee and urged the City to take whatever steps were n_ee- essary:•to enact the committee's recommendations. Eugene Cummings, Save our Stream Committee, stated that he too supported the _committee and hoped that something could be done to protect the creeks in San Luis Obispo, - R. D. Miller, Administrative Officer, reported on the improvements and enlarge - ,ments made at the sewer plant in 1963, which were designed to alleviate'-stream- pollution and handle sewage disposal for a population equivilant to 50,900 persons. 1 1 1 City Council Minutes December 1, 1969 Page 4 J. Montez, County Health,Officer, stated that after the 1966 Fish <and Game Report.. referred to by Dr. Krejja, he personally inspected all the creeks in San Luis Obispo particularly in the downtown area, and he found six violations in discharging sewage or waste into the creek which have been corrected, and subsequent inspections have not revealed any violation. He continued that if anyone knows of a violation he would be happy to investigate it and have it corrected. Councilman Miller suggested that the City Council should set a special study ses- sion on Monday, December 8, 1969 to study the recommendations of the committee in order to try and arrive at some conclusions. Councilman Spring stated he felt that something.should be done to try and keep the creeks clean from debris and waste and suggested that possibly one answer would be for the Council to adopt a compulsory garbage collection ordinance to keep people from throwing their garbage into the,creek. Councilman Blake suggested that the City staff should look into the recommendations made by Dr. Kresja and the alleged violations and report their findings back to the City"Council for their, consideration. He felt that one week is'not enough for the study to be completed,,- Councilman Miller again urged that the City Council set December 8 to discuss this matter as he felt that if it is carried over to the next regular meeting it would be neglected due to the amount of business the Council must take care of at each meeting. Councilman Graham asked for comments from the City Attorney for better control of creek pollution and what the City could do legally to prevent pollution. . H. Johnson, City Attorney, stated that the City has the right and the desire to control pollution and Raping in the creek. It was his feeling that the City has the necessary regulations to do this job but he felt that more time was needed.to look into each alleged violation. It was_ moved by Councilman Miller, that the City Council set a study session. for 7:30 P.M., December , 19 9 to discuss San Luis, Creek pollution. The notion died for lack of a second. The matter was referred to the next regular meeting, December 15, 1969, for re- port,by the staff on the recommendation of the Save Our Stream Committee. Dr. Krejja again appeared before the City Council thanking the Council for its interest. He stated that while he realized the recent pollution was not done intentionally, he felt the whole problem should be studied carefully. He quest- ioned the Council using the legal staff on this problem as he felt this would lead to more delay which would add more pollution to the creek. He felt what was needed was action now. 11. At this time the City Council held a public hearing on the proposal to re- zone from C -11 to R -H that property generally located on the east and west side of Osos Street between Islay and Church Streets, Mayor Schwartz declared the .public hearing open. R. .Dickey 1017 Islay Street, appeared before the City Council stating that he is in favor of the proposed rezoning so that the residential property owners in the area affected can improve their properties which now is impossible due to the C -N zoning, as the residential properties are now non- conforming uses in that district. He continued that it was his opinion that the property will never develop commer- cially due to its proximity to downtown -San Luis Obispo. He felt that the potential of the area was to high density residential use. He felt that the two small com- mercial developments presently existing on Oscs Street should be allowed to remain zoned as C -11 so that.they can keep their business going legally. He also-,felt that these small stores were an asset to the neighborhood as they allowed the resi- dents of the area to their shopping within walking distance of their homes. City Council Minutes December 1, 1969 Page 5 C. Harter, 1601 Osos Street, owner of Osos Liquor Store, stated he had rio objec- tion to the area being rezoned to R -H, but he just wished the Council'to leave the two stores zoned for commercial use so that they could continue in business and protect their investment. M. Reynolds, 1632 & 1640 Osos Street, also stated he had no objection -to the R -H zoning but wanted his grocery store to be protected by the existing commercial - zoning. He felt small stores such as his were needed in residential areas- to..... serve the neighborhood. He asked for C -N zoning 'on his property in order to pro- tect his investment if the building were destroyed by fire or other catastrophe. Mayor Schwartz declared the public hearing closed. Councilman Miller stated he felt that small neighborhood stores were needed to properly serve the neighborhood. He continued he would support the proposal to rezone the area to R -H, leaving the two stores zoned as C -N. Councilman Graham stated that he agreed with the comments made by Councilman Miller. Councilman Spring stated that he too agreed with Councilman Miller's statement that small neighborhood stores were needed to serve the neighborhood. - Councilman Blake explained that by zoning the area to R -H, the City is�not put- ting these two small businesses out of business as they could remain in business as long as they desired but would be nonconforming in that zone. He also stated that he would agree to rezoning the area to R -H and C -N leaving the'two stores as C -N. Mayor Schwartz agreed that it would be nice to have neighborhood stores. to serve. all the neighborhoods in the community, but trey have been proven,to be econom ically unfeasible due to today's economy and the competition with supermarkets. F1u�ther, he stated he felt that the size of the parcels would deter any large commercial development. He also reminded the Council that the City's General Plan shows this area to be commercial and that the General Plan should be changed be- fore any rezoning-is contemplated. On motion of Councilman Miller, seconded by•Councilman Graham, the following or- dinance was introduced. Ordinance No. 470, an ordinance amending the Official Zone Map of the City of San Luis Ubispo. (To rezone from C -N to R -H and C -N, that property generally located on the east and west side of Osos Street between Islay Street and Church Street.) Passed to print on the following roll call.vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller NOES: Kenneth E. Schwartz ABSENT: None 129 At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from R -1 to PD R-2, Lot 40, Tract.292, that.' property bounded by Royal Way, Los Osos Valley Road, Galleon Way and Oceanaire Drive, R. D,.You , Planning Directorq presented the following recommendations of the Planning Commission: 1, The subject property is eleven acres in area and is presently zoned R -1.� An R -1 District lies to the west, R-2 to the north.. R -1 to the east. The subject property had been classified PD R -3 before reverting to its orig inal classification. The General Plan proposes high density residential uses for this general area. City Council Minutes December 1, 1969 Page 6 2. The site plan indicates that the proposed PD R -2 parcel would be developed with 16 two bedroom units, 88 three - bedroom townhouses, and 26 four- bedroom ,townhouses. The 130 units would have provision for 272 parking spaces. 39 The Commission was of the opinion that the proposed planned development is in accord with the General Plan and would be compatible with the surround- ing neighborhood. Mayor Schwartz declared the public hearing open. R. Skinner, developer, requested the City Council to approve the PD R-2- rezoning and that it be handled by Council resolution rather than by ordinance, in order to expedite the effective date of the rezoning. Mayor Schwartz declared the public hearing closed. H. Johnson, City Attorney, stated that in his opinion, the planned development was a rezoning and should be handled by ordinance and not by resolution. On motion of Councilman Miller, seconded by Mayor Schwartz, the following ordin- ance was introduced. Ordinance No. 1171, an ordinance amending the official zone map of the City of San Luis Obispo. To rezone from R -1 to PD R -2, that property bounded by Royal Way, Los Osos Valley Road, Galleon Way and Oceanaire Drive.) 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 3. Communication from the Retail Merchants Association requesting that the City Council issue a moratorium on parking meters effective Thursday, December 11 - through Wednesday, December 24, 1969 for the Christmas shoppers in the City. Communication from the Downtown Association of San Luis Obispo, requesting a parking meter moratorium from December 11 through 24th inclusive. W. Idler, President of the Retail Merchants Association, appeared before the City,Ccuncil urging that the Council approve the request for an exemption on parking meter enforcement for this pre - Christmas period. He also asked that no parking tickets be issued to the Christmas shoppers in downtown San Luis Obispo. Councilman Blake stated that based on the 1968 season the program would not work as he personally patrolled this area during the _free parking days last year and found that many store employees were parking in the free metered spaces and left little space for customer parking. He continued that the Downtown Association could advertise that they would be picking up and paying for any parking fines given to customers. In this way they will be really providing free parking for shoppers. He also suggested that perhaps these two organizations might wish to rent the meters during this period as was done during the dollar day celebration. Councilman Spring agreed that this program does not work as was shown last year in that many employees were parking in the free metered spaces leving little free parking for the customers. Councilman Miller stated that he agreed with the comments made by Councilmen Blakd and Spring. Councilman Graham urged his fellow councilmen to grant the requested exemption to parking meters and overtime fines as he felt this would be an inducement for people to shop leisurely in the downtown area and would be one way to show ap- preciation to people who shop in San Luis Obispo. City Council Minutes December 1, 1959 Page 7 Mayor Schwartz explained the organization of the downtown parking district and that bonds and coupons were redeemed from parking meter revenue. Any excess revenue was used to develop additional parking lots for the downtown area. He stated that each year the revenue from the parking meters has been going down -and that as the revenue is reduced it takes longer to accumulate enough money to buy more parking lots. He also wished to remind the downtown representatives that the C -2 District was the only district in the City of San Luis Obispo that was not required to pro- vide off - street parking for their customers and tenants,. and that the .:parking was provided through the parking meters. He felt that the moratorium requested by the Downtown Association and Retail Merchants Association was self-defeating as it would delay the development of additional parking in downtown San Luis Obispo. He suggested that the -best solution would be for merchants to pay for the lease of the parking meters as was done for dollar days. On motion of Councilman Blake, seconded by Councilman Spring, that the request of the Downtown Association and the Retail Merchants Association be denied. Motion carried, Councilman Graham voting no. On motion of Councilman Spring, seconded by Councilman Miller, that parking meters be exempted on December 20, 22,.23 and 2 , 1969 and that courtesy tickets be issued. Motion carried. 6 & 7. Communication from the residents of the Hawthorne School area regarding the negotiations for. acquisition of property for a South Street Park, urging the City Council take action to certify that the park property, when purchased, would be used for no other purposes than park and recreation, so that the people in the area could always rely on its existence. H. Johnson, City Attorney, presented for the Council's conisderation a resolu- tion condemning the property for acquisition by the City for park purposes. He then explained the conditions of the resolution for the Council. On motion of Councilman Spring, seconded by Councilman Blake, the following reso- lution was introduced. Resolution No, 1941, a resolution determining that the public interest, convenience and necessity of the City of San Luis Obispo require the acquisition through eminent domain proceedings of the hereinafter described real property for public park purposes and directing the City Attorney to commence an action-in the Superior. Court of the State of California in and for the County of San Luis Obispo for the purpose of acquiring said parcels of real property. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Af'thur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None The City Clerk was instructed to notify the residents of the Hawthorne School area of the Council's action. 9:30 -P.M. Mayor Schwartz declared a recess. 9:40 P.M. The meeting reconvened with all councilmen present. 13. On motion of Councilman Blake, seconded by Councilman Grahan, the�Mayor was authorized to sigo:.and- record- on.behalf_of.:the City .a covenafiVTor.'the temporar7 erection of improvements 'within the - public'right-of -way for a two foot high slump stone wall at 1245 Los Osos Valley Road. Motion carried. 1 r , L 1 City Council Minutes December 1, 1969 Page '6 14* -On motion of Councilman Miller, seconded by Councilman Graham, the following ordinance.was.intrRu__c_eU for final passage. Ordinance No. 46d., an ordinance authorizing and approving an exchange of easements for public purposes. Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None. 15. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced for final passage. Ordinance No. 462., an ordinance regu- lating the installation, alteration, renovation, repair and maintenance of electrical and signal equipment within, on and around buildings, structures in the City of San Luis Obispo, State of California; providing for the issuance of permits and collec- tions of fees therefore; providing penalties for the violation thereof and repealing all ordinances and parts of ordinances in conflict therewith. Finally passed on the following roll call votes AYES: Emmons Blake, Myron Graham, Arthur F. Spring,. Donald Q. Millers Kenneth E. Schwartz NOES: None ABSENT: None 16. Consideration of the acceptance of off -site improvements for the Fiesta Mobile Home Park on Prado Road was continued since all work had not yet been completed. 17. Council consideration of the acceptance of improvements for a portion of Tract 292 and all of Tracts 351 and 352 was ordered received and filed as the City Engineer stated that the tracts were nowhere near completion or ready for accep- tance, nor had the City received approval from the bonding company.for partial acceptance of Tract 292. 18. Communication from R. Soukup, 537 Brizzolara Street, protesting the order of the City Engineer to clear an obstruction in Stenner Creek was set for public hear- ing on December 15, 1969. 19. Communication from Dr. H. C. Purcell requesting the abandonment of a portion of surplus property on California Boulevard at Freeway 101 was referred to the Planning Commission for recommendation. 209 Communication from Adams, Duque & Hazeltine, attorneys for Mr. L. Firestone, owner of the Madonna Road Plaza Shopping Center regarding the proposal of the City to allow storm waters to flow over the shopping center parking lot from the box culvert under Madonna Road was ordered received and filed on motion of Councilman - Miller, seconded by Councilman Blake, motion carried. 21. P: Gerety, Planning Assistant, reviewed for the City Council the application for the Workable Program Recertification. He reviewed for the Council what had been accomplished in the last year under the Workable Program and what items had not been completed due to lack of staff and time. He continued that during the next period (1970) the Hawthorne area will receive a concentrated and intensive code enforcement program. In the past, code enforce- ment in this area was handled on a referal basis only, allowing the area to slowly decline. Santa Rosa Park, Mitchell Park and Emerson School areas will experience a code enforcement program on a spare time basis. This he felt should be sufficient to check decline in these areas. In the balance of the City, consisting of gener- ally good quality housing, code enforcement will be handled on a referral basis only. City Council Minutes December 1, 1969 Page 9 He continued that the Hawthorne School area was selected as the primary tar- ,. get area after analyzing information for the City's neighborhood study. This area contains the highest number and highest ratio of substandard buildings in the City. An intensified code enforcement program is needed to bring this area back to standard. The City will ask for a federally assisted code enforcement program for the most blighted areas of the Hawthorne School area. This program along with City initiated demolition of dilapidated structures should not only check the spread of blight but also improve the general- condition of the whole area. He felt that the proposed plan of action is a comprehensive attempt to achieve compliance within the community. He stated that to carry out the code enforcement program proposals, it would require the services of one full time code enforcement official and a typist clerk. Salaries for -the two employees and related materials, including a vehicle, is estimated at a first year cost of $15,800, and would be requested in the 1970 -71 budget. P. Gerety then reviewed for the Council the plans of the.Housing Authority for providing low rent housing and the program for relocation of people displaced by the code enforcement program. 22. Traffic Committee Report of November 19, 1969, 69- 12-1T. November 19, the Traffic Committee met with Mrs. Dorothy Foster to =cuss several suggestions advanced by the Citizens Advisory Commmittee. As a result of the discussion, many of the.,suggestions were rejected, but it was a- greed that Mr. Romero would attempt to fit the elimination of the dip in front of the City Hall into his next budget request. It was also agreed that some extension of Madonna Road easterly of Higuera Street was desirable.an d would re- ceive further consideration as time goes on. The recommendation of the Traffic Committee was accepted. 69- 12 -2T. A suggestion has been made that traffic flows would be expedited and safety enhanced if all parking were eliminated on the east side of Chorro betweenr Monterey and Palm. However, in view of the several businesses and other estab- lishments located in this blocki it is recommended that a hearing be scheduled-to discuss the merits and drawbacks of this proposal before giving it any further consideration. All property owners and tenants in the block should be advised of such hearing. The matter was referred.to the Police Chief and City Engineer for study and report - to the City Council. 69- 12 -3T. The Traffic Committee has noted an occasional traffic problem resulting from the parking of a vehicle in or near the Johnson Avenue underpass. tide feel that there is no real need for parking in this area and therefore recommend that all parking be eliminated on the west side of Johnson between Buchon and San Luis Drive and on the east side of Johnson between Buchon =and Munoz. 69- 12 -4T. It is recommended that a stop sign be authorized on Cerro Romauldo at Ferrini Road. Or motion of Councilman Graham, seconded by.Councilman Blake, the following reso- lution was introduced. Heso ution No. 1989, a reso u ion prohibiting parking on Johnson Avenue and establishing a stop sign on Cerro Romauldo. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: Donald Q. Miller ABSENT: None 1 1 City Council Minutes December 1, 1969 Page 10 23. L. Schloboh_m, Fire Chief, presented for the City Council's consideration the revision to the Fire Department Rules and Regulations, revised as of Dec. 1, 1969. On motion of Councilman Graham, seconded by Mayor Schwartz, the Rules and Regu- lations of the Fire Department were approved subject to the approval of the Admin- istrative Officer. Motion carried. 24. On motion of Councilman Miller.,-seconded by Councilman Graham; the following ordinance was introduced. Ordinance No. 469, an ordinance amending portions of Article III, Chapter 1, Par • of-the an uis •Obispo Municipal code, to adopt the 1967 edition of the Uniform Fire Code. Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. P'liller, Kenneth E. Schwartz NOES: None ABSENT: None 25. R. D. Miller, Administrative Officer, announced the appointment of R. Hunt to the position of fireman effective December 1, 1969 at Step 1 or $590 per month, subject to a one -year probationary period. 26. At this time the City Council considered the demolition of condemned struc- tures at 1018 and 10182 Pacific•Street. J. Kellerman, Chief Building Inspector, stated that he had contacted the property owner, Gerald Evans; and that Mr. Evans wishes to keep the buildings on his prop - erty:as he feels it would be easier to sell the property with'the buildings. Mr. Evans stated that he would notify the prospective buyer that the buildings have been condemned and have to be removed. J. Kellerman continued'that he felt the City Council should proceed with the demo- lition of the buildings at 1018 and 1018 Pacific Street as they are now attractive nuisances and vacant and have become a place for children to play and transients to move in to. He felt that enough time had been given to allow the property -owner to make a decision. He recommended that the City Council proceed with the demo- lition of the buildings. On motion of Councilman Miller, seconded by Mayor Schwartz,-that the City - proceed with the demolition of the buildings at 1018 and 1016-:1L Pacific Street. Motion carried. Councilman Blake voting no. Councilman Blake wished the-record to show that he did not object to the demolition of the buildings, but he himself felt that the property owner should be given more time in order to do it himself. 27. .Communication from the Department of Public Health, State of California, noti- fying the City Council that San Luis Obispo County has been redeclared a rabies area effective December 23 1969. The communication was ordered received and filed and the City Clerk *as instructed to complete the Statement of Enforcement as requested by the Department of Public Health, 28. Communication from the Department of Public Works, State of- California re- garding the implementation of the federal TOPICS program. D. F. Romero, City Engineer, explained that the TOPICS program provided federal funds for traffic improvements but that federal requirements-for-master planning were prohibitive for a small community.. There is some possibility that these requirements will be relaxed. The State's letter is requesting City appointment of a coordinating agent who would work with Mr. Protopapas on a TOPICS program for San Luis Obispo County and incorporated cities. City Council Minutes December 1, 1969 Page 11 The communication was ordered received and filed. The City Engineer was instruc- ted to follow up this matter with the County Road Commission and then report dny action to the City Council. 29. At this time the City Clerk reported on the following bids received for fur- nishing the City Water Department with a mixed load of cast iron pipe. 1. Pacific State Cast Iron Pipe Company..-Provo., Utah 540 Ft. 8" x 184 Pipe $3.189/ft. = $10652.40 324 Ft. 6" x 18' Pipe 2.24/ft. = 725.76 144 Ft. 4" x 18' Pipe 1.496 /ft. = 215.42 TOTAL = $2.t663,2 Freight allowed to San Luis Obispo. Includes 5% sales tax. 2. United States Pipe & Foundry Company, Los Angeles, California 540 Ft. 8" x 18' Pipe $3.06 /ft. 324 Ft. 6" x 18! Pipe 2.15 /ft. _ 144 Ft. 4" x 18' Pipe 1.44 /ft. TOTAL - + 5% Sales Tax = TOTAL = Freight allowed to San Luis Obispo. $1,652.40 696.60 207.36 $2.9556,36 127.82 $23684.16 Does not include sales tax. E. P. Thompson, Director of the Water Department, recommended that the low bid of Pacific State Cast Iron Pipe Company be accepted. On motion of Councilman Graham, seconded by Councilman Spring, the bid was awarded -to the Pacific State Cast Iron Pipe Company. Motion carried. 30. Communication from the Administrative Officer, requesting that Account Plumber 850.3 (Sewer Plant - Materials and Supplies) be increased due to the dap- letion of that account. This depletion has been caused by several emergencies that have taken place in the sewer plant so far this year. R. D. Miller estimated that an additional $7500 would be sufficient to carry the sewer p n�until the next fiscal year. On motion of Councilman Miller, seconded by Councilman Graham, the following reso- lution was introduced. Resolution PIo. 1985, a resolution increasing the 1969 -70 budget. (Account No. 8570-3., Sewer Plant - Materials and Supplies) 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 31. On motion of Councilman Spring, seconded by Councilman Graham, the following contract payments were approved and ordered paid. Midway Electric Traffic Signal Installation - City Plan No. 2 -70 J. A. O'Kelly & Son So. Higuera St.-Widening City Plan No. 3 -70 Est. #2 $6,103.35 Est. #1 7054.30 J. A. O'Kelly & Son Est. #2 872.70 So. Higuera St. T idening City Plan No. 3 -70 1 City Council Minutes December 1, 1969 Page ]2 Burke Construction Company Est. #2 17,951.36 Los Osos Rd. Widening City Plan No. 9 -70 Burke Construction Company Est. #3 (final) 3,140.51 Los Osos Rd. Widening City Plan No. 9 -70 ' J. A. O'Kelly & Son Est. #2 7,393.50 Highland Drive Extension City Plan No. 22-69 M. J. Hermreck, Inc. Est. #2 1,770.05 Street Reconstruction City Plan No. 1 =j0 Madonna Construction Co. Est. #4 2,129.22 Madonna Road Widening City Plan No. 12 -69 Madonna Construction Co. Est. #3 582.47 Foothill- Cuesta Drainage Channel Lining - City Plan No. 7 -70 Madonna Construction Co. Est. #4 (final) 2,654.72 Foothill- Cuesta Drainage Channel Lining City Plan No. 7 -70 C. S. Construction Co. Est. #2 142447.52 Chorro St. Improvements City Plan No. 21-69 1 32. Resolutions from the Building Industry Association of California regarding competitive bidding, arbitration in public works and reduction in housing costs was ordered received and filed. 339 The following three protests to the order of the City Engineer to clear ob- structions in the creeks in San Luis Obispo were set for public hearing on December 15, 1969. C. N. Nielsen, 478 Lincoln, San Luis Obispo J. E. Hazard, 546 Higuera, San Luis Obispo K. Elling, 572 Dana, San Luis Obispo 34. H. Johnson, City Attorney, presented for the Council's consideration, the escrow instructions for acquisition by the City of the Ahearn and Brophy property. He stated that the escrow instructions had been prepared in accordance with the Council's directions. On motion of Councilman Miller, seconded by Councilman Graham, the Mayor was author- ized to sign the escrow instructions on behalf of the City. Motion carried. Councilman Blake and Spring voting no. On motion of Councilman Miller, seconded by Mayor Schwartz, the following reso- lution was introduced. Resolution No. 1986, a resolution increasing the 1969 -70 ' Budget, to take care of down payment on Brophy, et al properties. (Account 263, Off- Street Parking Reserve, be increased by $2,000) 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 December 1, 1969 Page 13 35. A progress report on the Los Osos Val ley annexation and assessment.dis- trict was ordered received and filed. 36. D. F. Romero, City Engineer, requested Council guidance on whether the City should continue to acquire property for street widening on Broad Street in the light that the Division of Highways is considering widening Broad Street which is State Route 227. He continued that he had discussed this matter in- formally with representatives of the Division of Highways and they do not feel that the City will be able to recover costs incurred for street widening "prior to any agreement being reached between the City and the State. He continued that the State does not wish to make an agreement at this time , prior to adoption of the final widening line. It was the consensus of the Council that the City should delay acquisition.of property for street widening on Broad Street and that the City staff be author- ized to write the State Division of Highways asking for.an agreement for re- imbursement for property previously acquired by the City for Broad Street Widenings which will be used for the State's program. 37. On motion of Councilman Blake, seconded by Councilman Miller, Mayor Schwartz was authorized to be absent from the state December-Z, 15, 3e 1b, 1969. _ Motion carried. 38. On motion of Councilman Graham, seconded by Councilman Blake, the meeting ..adjourned. A TRICK CI K APPROVED: December 153 1969 1