HomeMy WebLinkAbout09/07/19711
1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
September: 7, 1971 - 7:00 P.M.
City Hall
Pledge
Ro I I .Ca I I
Present: Emmons Blake, John C. Brown, Myron Graham,
T. Ke'ith Gurnee, Kenneth E. Schwartz
City Staff
Present: R. D. Young, Planning Director; J. H. Fitzpatrick,
City Clerk; J. Stockton, Recreation Supervisor;
H. Johnson, City Attorney; R. D. Miller,
Administrative Officer; D. F. Romero, City
Engineer; L. Schlobohm, Fire Chief; E.L. Rodgers,
Police Chief; E. P. Thompson, Water Director.
C -1. The City Council authorized payment of claims against the City
subject to the approval'of the Administrative Officer.
C -2. The minutes of the Council meetings of August 2, 9, 16, 18,28 &
30, 1971 were approved as presented..
C -3. On motion of Councilman Gurnee, seconded by Councilman Brown, the
following resolution was introduced: RESOLUTION NO. 2233, a resolution
increasing the 1971/72 Budget. (El Camino Inspection Fees).
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, T. Keith Gurnee, Myron Graham
Kenneth E. Schwartz
NOES: None
ABSENT: None
C -4. The following contract payments were approved:
West Coast Construction Est. #2 $21,994.29
Boise Cascade Sewer
City Plan 18 -71
Wesley. G. Watkins Est. #1 $ 6,570.00
Sewer Siphon Project
City Plan 16 -71 .
0. K. Industries Est. #1 $ 3,942.00
Center Street Culvert
City Plan 15 -71
' C. Sanchez & Soh, Inc. Est. #2. $ 1,409.01
S. Higuera St. Widening
City Flan 22 -71 Est.. #3.(Final) $ 614..28
C. S. Construction Est. #2 $ 1,597.50
Street Resurfacing Project
City Plan 26 -71
C -5. The City Council denied the claim of Harold V. Johnson, Jr. for
damages to his vehicle and referred the claim to the City's insurance
carrier.
City Council Minutes
September 7, 1971
Page 2
C -6. The City Clerk reported the following bids had been received for
painting the Recreation Center exterior. Bids were opened August 30, 1971
at 1:30 P. M.
Cal Home Properties, Inc. $2445.00
Santa Ana, California
Joseph H. Stauch $3967.00
San Luis Obispo, California
The City Council accepted the low bid of Cal Home Properties.
C -7. A Communication from the Public Utilities Commission regarding
the Southern Pacific grade crossing at Marsh Street and recommending the
installation of crossing gates was referred to the Traffic Committee for
recommendation.
C -8. The City Attorney was asked to prepare a sample ordinance estab-
lishing provisions for inspection and regulation of cross connections for
presentation at.the September 20, 1971 meeting.
C -9. The City Council received a communication from the Department of
Public Health regarding the burning of agricultural wastes and the
issuance of permits for that purpose.
The City Fire Department was directed to issue the necessary fire permits
and the City -Clerk was instructed to notify the.Health Department of the
action taken.
C -10. A communication from the Office of Emergency Services regarding
the National Flood Insurance Act of 1968 was continued to the Meeting of
November 8, 1971.
C -11. Discussion fo a site for future construction of a fire station in
the Laguna Lake Area was continued to a future study session.
C -12. The Council elected the Mayor as the voting delegate to the League
of California Cities Conference to be held September 26 -28 in San Francisco
and Vice Mayor Blake as the alternate.
C -13. The Council received a communication from Assemblyman MacGillivray
regarding selection of a site for a launch and retrieval base.for the U.S.
Space Shuttle which urged that the Council adopt a resolution supporting
a California location for this facility.
Councilman Gurnee objected to the City Council taking any action on the
space shuttle program as he felt that it was. a poor priority of" national
goals and he also questioned the need for future space probes.when there
were so many other items needing priority consideration.
Councilman Blake stated he supported the United States space effort and
hoped that the space shuttle program could be based at Vandenberg
Air Force Base as he felt this Iocation would allow better orbit.
Councilman Brown agreed that the'City of San Luis.Obis.po should support
the space shuttle program and urged its location at Vandenberg Air Force
Base mainly for the economic good for the central coast area.
Councilman Graham stated he had no.objections.to the location or to the
space shuttle.program if it were.used for peaceful studies only.
1
1
J
1
City Council Minutes
September 7, 1971
Page 3
On motion of Councilman Blake, seconded by Councilman Brown, the following
resolution was introduced: RESOLUTION NO. 2252, a resolution of the City
Council of the City of San Luis Obispo urging that the U. S. Space Shuttle
Launch and Retrieval Site be located at California's Vandenberg Air Force
Base.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, T. Keith Gurnee,
Myron Graham, Kenneth E. Schwartz
NOES: None
ABSENT: None
C -14. The City Council received a resolution from the San Luis Obispo
County Farm Bureau urging that the Airport area be developed in a manner
which would enable the airport to expand and provide better air service
than present development seemed to indicate.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, the resolution
was received and filed. Motion carried.
C -15. R. D. Miller, Administrative Officer, announced the appointment of
Melinda J. Kennedy to the position of Dispatcher Clerk at the Police Depart-
ment beginning September 1, 1971 at Step 1 or $484 per month.
C -16. The City Council received a memorandum from the Planning and Build-
ing Department regarding zoning enforcement activities.
On motion of Councilman Gurnee, seconded by Councilman Brown, the consent
items were approved as indicated. Motion carried.
1. At this time the City Council considered the final passage of
ORDINANCE NO. 528, an ordinance approving the sale of surplus property
adjacent to the Highland Drive Extension.
On motion of Councilman Blake, seconded by Councilman Graham, the following
ordinance was introduced for final passage: ORDINANCE NO. 528, an ordi-
nance accepting the deposits of successful bidders for options to purchase
parcels abutting the Highland Drive Extension and approving the sale of
such parcels to such prospective purchasers subject to full compliance
with all advertised terms and conditions of sale.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
2. At this time the City Council considered the final passage of
ORDINANCE NO. 529, an ordinance amending the Official Zone Map of the
City of San Luis Obispo (to rezone 184 Prado Road from R -1 AH to C -H -S AH)
' Mayor Schwartz asked if anyone wished to speak regarding the adoption of
this ordinance.
No one appeared before the Council.
On motion of Councilman Graham, seconded by Councilman Brown, the following
ordinance was introduced for final passage: ORDINANCE NO. 529, an ordinance
amending the Official Zone Map of the City of San Luis Obispo.
Finally passed on the following roll call vote:
City Council Minutes
September 7, 1971 .
Page 4
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
3. At this time the City Council considered the final passage of '
ORDINANCE NO. 530, an ordinance levying the 1971/72 City Tax Rate.
On motion of Councilman Blake, seconded by Councilman Graham, the follow-
ing ordinance was introduced for final passage: ORDINANCE NO. 530, an
ordinance levying a tax for the current 1971/72 fiscal year upon all
taxable property within the City of San Luis Obispo and fixing the rate
of such tax.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
4. The City Council received a request for a driveway variance from
James Bermann, 1654 Hillcrest Place.
D. F. Romero, City Engineer, explained that this was a temporary variance
being requested for the second driveway ramp and upon completion of the I
new driveway, the original one would be removed. He stated this could
normally be handled through his office.
The matter was referred to the City Engineer for action.
5. Councilman Gurnee presented a report on the provisions of two shore-
line protection bills presently being considered by the State Legislature;
Assembly Bill 1471 and Assembly Bill 1555: Councilman Gurnee stated he
felt that the provisions of A.B. 1471 were the most comprehensive and
would offer the most protection to the shoreline of California and
particularly San Luis Obispo County. He then presented a map showing
the coastline of San Luis Obispo County and what had been developed with
no shoreline control and the type of development that would be prohibited
through A. B. 1471.
Mayor Schwartz suggested that as the City Council had just received their
copies of the bills, that this matter be continued to the study session
of September 13 for discussion by the Council.
The Council also continued a communication from the League of Women
Voters regarding shoreline protection to the September 13 study session.
Councilman Blake felt that the City Council should take no action on ,
shoreline control as.the City had no authority in this area. He felt
this was a statewide problem and should be settled by the State Legis-
lature on a statewide basis.
Councilman Brown felt that shoreline protection bills were of importance
to San Luis Obispo and felt that Councilman Gurnee had presented an ex-
cellent report. He felt that he wanted time to �tddy the bills
recommended by Councilman Gurnee.
City Council Minutes
September. 7, 1971.
Page 5
Councilman Graham agreed,.stating.that the City did have a stake in a
properly written shoreline protection program and he hoped that the City
Council would go,.-on record supporting one of the bills.
Mayor Schwartz agreed that the City Council should support a good shoreline
plan particularly for the County of San Luis Obispo but he, too, wanted
time to study the bills presented by Councilman Gurnee.
' On motion of Councilman Brown, seconded by Mayor Schwartz, the matter was
continued to September 13, 1971. Motion carried.
6. The.City Council considered a communication from Charles French,
attorney representing French Properties, Inc., requesting permission of
the City Council to construct subdivision roads on Terrace Hill. The
method of construction would be a cut with minimum fill and he stated
that the City Engineer had agreed with the plan proposed at this time.
The City Council also received a communication from Anna C. Dolan asking
the City Council to be sure that drainage from Terrace Hill was ade-
quately handled as this normally became quite a problem for the property
owners in the area.
Mayor Schwartz asked the City Attorney what action the Council could
take at this evening's meeting.
H. Johnson, City Attorney, replied that.the City Council would take
action to recommend abandonment of all streets in the original sub-
division and approve a request for reversion of the subdivision to
acreage.
Mayor Schwartz explained the reason for his question to the City Attorney
' was that the Planning Commission would be holding a public hearing on
the same subject on Wednesday, September 8th.
Charles French, attorney, stated he was asking the City Council to allow
the City Engineer to issue a grading permit to move dirt from Terrace
Hill to the hospital site on Johnson Avenue.
H. Johnson, City'Attorney explained at this time the State law require-
ments dealing with street abandonment and reversion of subdivisions to
acreage.
Charles French felt the City Council could abandon any street that it
desired without a public hearing. .
H. Johnson, City Attorney, disagreed with this statement as the Streets
and Highways Code established the procedure for.street abandonment. He
stated the proper steps were: (1) action by the Planning Commission to
revert the subdivision to acreage; (2) recommendation for abandonment of
the periphery streets; and (30 file a. subdivision map with the Planning
Commission and the City Council. With the public hearing and upon
approval, the developer could then proceed with the subdivision.
Councilman Brown felt the grading for Terrace Hill should come to the
City Council due to the public interest already generated.
Mayor Schwartz felt the City Council should not hold a hearing on this
proposal until the Planning Commission had held its advertised hearings
and then any of these matters could be considered by the Council.
Councilman Brown agreed.that the Planning Commission should first hold
the advertised hearing on the request of French.Proper.ties, Inc. and
that the City Council should only hear recommendations and /or appeals
to the Planning Commission's decision.
City Council-Minutes
September 7, 1971
Page 6
Councilmen Graham and Gurnee agreed with Councilman Brown.
Councilman Blake felt this matter should be treated as any other develop-
ment and should proceed under existing ordinances and provisions without
any direction from the City Council.
Mayor Schwartz explained that the prior Council action was different from
what was being requested at this time as the original request or proposal
was to remove some ten feet of earth from the top of the hill but that
the.present request was for reversion to acreage of an existing subdivision,
the abandonment of streets and approval of a plan to rough grade and
removal of the dirt from the newly proposed streets on Terrace Hill. He
felt the Planning Commission should hold their normal hearings on these
proposals and on the new street layout.
D. F. Romero, City Engineer, presented a map showing the proposed develop-
ment of the new streets on Terrace Hill and the degree of improvements to
be installed. He continued that under existing ordinances, he was pre-
pared to grant the requested grading permit as the plan met his require-
ments but the Council's prior action in directing him not to issue a
grading permit for Terrace Hill was causing the delay.
Councilman Gurnee presented engineering drawings showing the amount of
dirt to be removed and -the cuts necessary for"the new street alignment.-
R. D. Young, Planning Director, upon questioning, explained exactly what
was being presented before the Planning Commission at the regular meeting
on September 8, 1971.
Mayor Schwartz stated it was his feeling from the comments of the City
Council that they wished the Planning Commission to hold its hearing
with the City Council to hold hearings on the recommendations or appeals
of the Planning Commission action.
Councilman Blake felt the Planning Commission should make its own
decision without any direction from the City Council and if anyone was
unhappy they had the right to appeal to the City Council for redress.
Bob Williams, Engineer for French Properties, questioned the Council's
right to even consider controlling the development of private roads on
private property. He continued that the French Properties were not
filing a subdivision map but just wished to develop their property and
he felt the developer was being treated unfairly and demanded that the
City Council grant the grading permit for grading a private road on .
private property.
On motion of Councilman Blake, seconded by Mayor Schwartz, that the
Planning Commission be allowed to make their decision on the matters of
street abandonment, road grading and minor subdivision without direction
from the Council and that any aggrieved person was free to appeal to
the City Council for a public hearing. Motion carried.
All members of the CitybCouncil were served with subpoenas to appear as
witnesses in the matter of the.Anderson Hotel.
----------------------- - - - - --
7. At this time the City Council held a public hearing on the recommen-
dation of the Traffic Committee to eliminate all motor vehicle parking
on the east side of Santa Rosa Street'between Palm and Walnut Streets
except where the street is already widened.
71 -8 -4C. The Traffic Committee has taken another'] ook at the proposal
to restrict parking on the east side of Santa Rosa between Palm and
Walnut. You will recall that the Chamber of Commerce originally made the
request that this be done between the hours of 4 and 6 pm, Sundays and
holidays excepted. Following a hearing on this matter held on
1
1
1
1
City Council Minutes
September 7, 1971
Page 7
June 21, 1971, during which it was pointed out that a hardship would be
created for the grocery store at the corner of Mill and Santa Rosa, the
Council decided to refer this matter back to the Traffic Committee for
further study and a look at the entire intersection. From a traffic
engineering standpoint, it would appear to be desirable to restrict all
parking on the east side of Santa Rosa and on both sides of Mill east
of Santa Rosa for some distance. However, the Traffic Committee feels
that some type of compromise would be in order. The primary concern is
the elimination of parking on Santa Rosa and we recommend that this
apply at all times. If the proprietor of the grocery store has some
type of reasonable request to make to accommodate his customers and
suppliers from Mill Street, we .believe his thoughts should be taken
into consideration. We therefore suggest that another hearing should
be scheduled, to cover the elimination of all parking on the east side
of Santa Rosa between Palm and Walnut with the exception of already
widened portions, and to hear suggestions for Mill Street.
D. F. Romero, City Engineer, explained the problem involved requiring
the action recommended by the Traffic Committee.
Mayor Schwartz declared the public hearing open.
Earle B.Iorklund,Santa Rosa Market owner, stated that he felt if the
recommendation of the Traffic Committee were followed, it would put him
out of business as it was only the pickup business from the motorists
passing in front of his store that kept him going and that with the no
parking restriction in front of his business, it would reduce his business
by 50% as the neighborhood presently only supported about 1/2 of his
business. He continued that he was open from 8:00 A.M. to 10:00 P.M.
each day 1n order to make it easy .for drop in traffic to do shopping. He
also stated that if the City Council eliminated the parking in front of
his store, he would not only lose some of his business but would have to
let at least two full time employees go as he could not afford to pay
them. He then presented a petition signed by 372 persons opposing the
proposed action of the City Council in prohibiting parking in front of
the Santa Rosa Market.
Stan Nelson, property owner, objected to the proposal of the Traffic
Committee as he felt that the City Council was doing an injury to the
tenants and property owners living on Santa Rosa Street. He also felt
the +tenants were being hurt in order to allow more vehicles to speed
along Santa Rosa Street. He felt if the City would enforce the no left
turn at Mill Street between 4 and 6 P.M. there would be less traffic con-
gestion in the area.
Phyllis Montgomery, 1151 Mill Street, objected to the proposal as she felt
that she and her neighbors would be hurt if the store were closed because
of the parking restrictions in the area.
Valerie Endres stated she opposed the proposal to prohibit parking in
front of the Santa Rosa Market and she hoped that the City Council could
find alternatives to.closing this neighborhood convenience center for the
residents of the area.
Mayor Schwartz declared the public hearing closed.
Councilman Brown wondered what degree.of. traffic problems existed at the
present time on Santa Rosa .Street as he felt that the City Council should
consider the degree of congestion before taking any action.
D. F. Romero, City Engineer, stated that Santa Rosa
traveled street but that the period of,4:30 to 5:30
period and was critical to moving traffic. He.felt
day was not too critical as far as traffic movement
felt that some traffic channelization at Mill Stree
congestion.
.Street was a highly
was the most congested
that the balance of the
was concerned. He also
f would help reduce the
City-Council Minutes
September 7, 1971
Page 8
Councilman Graham disagreed with the Traffic Committee's recommendation
as he felt the Council should take no action until they were ready to.
purchase land for widening Santa Rosa Street.
Councilman Gurnee felt the City Council should support the people in the
area and not make it easier for automobiles to go from place to place.
He agreed there was a traffic problem on Santa Rosa Street but did not
feel the intersection was too, congested at -this time.
Councilman Blake felt it was the City's duty to move traffic rapidly and
safely and not to provide parking for businesses or residents. He
doubted.:. that the store would close its doors if no parking were insti-
tuted and he hoped that the Council would support a noi- parking
restriction on the east side of Santa Rosa Street from 4:00 to 6:00 P.M.
Mayor Schwartz wondered how many cars north bound on Santa Rosa Street
actually stopped and shopped at the Santa Rosa Market. He also wondered
why a smaller number of automobiles parking in front of the store should
be allowed to congest the street and hurt the majority of citizens
driving on Santa Rosa Street. He felt he could go along with a 4:00 to
6:00 P. M. restriction as a start.
R. D. Miller, Administrative Officer, suggested that the parking ban.be
initiated on Santa Rosa Street but that the City add two green zones on
Mill east of Santa Rosa to allow people to park and cross the street to
shop at the market._
On motion of Councilman.Graham, seconded by.Counci_Iman Gurnee, that the
City reject the recommendation of the Traffic Committee to prohibit
parking on the east side of Santa Rosa Street and that.this proposal
not be brought before the City Council again for twelve months.
The motion lost with Councilmen Blake and Brown and Mayor Schwartz
voting no.
On motion of Councilman Gurnee, seconded by Councilman Blake, the
following resolution was introduced. RESOLUTION NO. 2230, a resolution
establishing a no parking zone on Santa Rosa Street.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John
T. Keith.Gurnee
NOES: Myron Graham
ABSENT: None
C. Brown, Kenneth. E. Schwartz,
8. At this time the City Council.held a public hearing on the appeal
of Roger Marshall dba Architectural Arts, from the following condition
of the use permit granted by the City Planning Commission on August 3,
1971: #5 Buildings shall conform to Fire & Building -Code requirements.
R. D. Young, Planning Director, presented the complete use permit re-
quirements as approved by the Planning Commission.
Mayor Schwartz declared the public hearing open.
Roger Marshall stated on behalf of his appeal that the buildings were.
wood frame construction with concrete slab floors, built about 1930.
He continued that it would be too expensive and too costly to meet the
Planning Commission's requirements for.thi.s temporary use. He asked
that the City Council grant him a three.year period from this date'to.
either up -grade the existing buildings to meet.fire and building codes
or tear the buildings down.
No one else appeared for or against this appeal.
U
1
City Council. Minutes
September 7, 1971
Page 9
Councilman Blake stated he did not feel that once an exception was made
on code compliance that it was impossible for the City to ever go back
and reinstitute action. He asked the Attorney how the City Council
could grant a variance to fire and building code conditions.
H. Johnson, City Attorney, stated he heard no evidence which would allow
the City Council to grant a code variance.
Councilman Gurnee questioned whether the City Council could grant vari-
ances to fire or building codes.
L. Schlobohm, Fire Chief, stated that the Life safety factor involved in
these buildings was the one -hour fire wall on facing buildings and that
these were building code requirements. Further, that if the life safety
factor existed now, he did not see how it would not still exist three
years from now. He continued that the property owner had complied with
the various fire extinguisher requirements of the Fire Department:
On. motion of Councilman Graham, seconded by Councilman Gurnee, that the
City Council waive the one -hour fire wall requirement of the Uniform
Building Code in the use permit for Roger Marshall for a.period of three
(3) years from this date or until a Class 5 building was constructed on
adjacent properties within forty feet of the existing property line or
until additional employees were added. Motion carr(i:ed.
9. At this time the City Council hald a public hearing on the proposal
to make Broad Street between Monterey and Palm Streets one -way.
The City Clerk read a letter from C. A. Maino objecting to the proposal
that the street be made one -way.
Mayor Schwartz declared the public hearing open.
D. F. Romero, City Engineer, presented studies showing traffic circulation
and a parking pattern for alternate one -way street improvements in this
block.. He explained that the one -way pattern would somewhat inhibit
traffic circulation in the area, but would not have a serious detrimental
affect on downtown. The one -way pattern would result in a net gain of
two (2) spaces. In his opinion, the restrictions of traffic caused by the
one -way pattern would be slightly more detrimental than the slight gain
in parking.
F. Warden was opposed to the proposal to make Broad Street one -way, either
way, between Palm and Monterey Streets as he felt that the closing of
Monterey Street at Chorro had caused congestion on Chorro and felt that
making Broad Street one -way would just add more problems:
Mayor�Schwartz declared the public hearing closed:
Mayor Schwartz stated it was his idea that making Broad Street one -way
might be a way to force motorists to use the surrounding streets to go
through the area rather than using the main streets in the business
district; also a one- way-street would allow for parking for visitors to
the Mission Plaza area.
Councilman Brown felt the proposal was premature and feltithe.City_should
s u y. he traffic movements in downtown San Luis Obispo before considering
the change..
Councilman.Graham.agreed that the proposal was premature and he wished to
see how the Plaza traffic developed before considering one -way streets.
Councilman Gurnee stated this matter should be continued until the General
Plan presently being prepared and the circulation element had been approved
by the.Council.
City Council Minutes
September 7, 1971
Page 10
Councilman Blake felt the proposal to one -way Broad Street.was premature
and should remain two -way.
On motion of Councilman Blake, seconded by Councilman Brown, that the
City Council drop the proposal to make Broad Street a one -way street.
Motion carried with Mayor Schwartz voting no.
10. Communication from Chief Schlobohm forwarding requests received
from Fire Department personnel for permission to accept part -time teach-
ing positions: at.Cuesta College.and Allan Hancock College in the.Fire
Sciences courses during their assigned working periods.
R. D. Miller, Administrative Officer, stated for the Council's.information
that the existing Council policy was that personnel were not to accept
teaching assignments involving time periods when they would.normally be
scheduled to work.
Don Kaye, Fire Marshal, appeared before the Council on beha If. of his re-
quest to teach fire investigation at Hancock College in Santa Maria. He
also presented requests of William Woodward and Donald.J. Sylvia to in -,
struct at Cuesta College:
R. D. Miller again explained the existing Council policy and the reason
the Council adopted such a policy.
Councilman Blake felt that established Council policy was very clear
that no City employee could accept a teaching assignment during regular
scheduled duty hours. He gave as example the hours each week.that.Fire
Marshal Kaye would be available for City work due to the conflict in
teaching hours at Hancock College. While it was true that Fire Marshal
Kaye would put in forty hours per week, it was his feeling that this
position was an 8:00 to 5:00 office open to the public.
Captain Sylvia explained that only the San Luis Obispo Fire Department
had trained instructors certified to teach fire science courses at the
junior colleges and he felt that without these trained:, instructors being
made available to.teach,the fire services within the County would suffer.
Mayor Schwartz suggested that the City Council accept the prior policy
of the City Council regarding outside teaching by City employees during .
regular working hours with a short time exception for Fire Marshal Kaye
due to his former shift duties and further allow shift personnel to
teach without cost to the City for replacement personnel. He continued
that the rationale for his suggestion was that a City employee who teaches
a specialized service. course gains a better insight into his subject.
matter making him a better City employee.
Councilman Brown felt that the exceptions for Fire Department officers
would be their increased knowledge which would make them more valuable
in City service..
On motion of Councilman Graham; seconded by Councilman Brown, that the
City policy be excepted for one (1) semester for Fire Marshal Kaye.but
that in the future, he attempt to have his classes scheduled during his
off duty time. Motion carried.
On motion of Mayor Schwartz; seconded by Councilman Blake, that shift
personnel be allowed to teach fire science courses during duty hours upon
approval of the Fire Chief and Administrative Officer with qualified re-
placements at no cost to the City while they are.teaching..Motion carried.
11. Communication from the City Firemen's Association protesting.what
they felt was an inequity.concerning Fireman Thomas Eppert who, due to .a
heart attack, had been unable +0-:work at his regular shift.and, effective
July 1, 1971, was "Y" rated which prohibited him from receiving his
annual increase in his salary.
C
1
1
City Council Minutes
September 7, 1971
Page 11
Mr. Eppert was "Y" rated on the basis that he was not qualified to per-
form his normally assigned duties. It was the contention of the Firemen's
Association that the "Y" rating was to be used for employees who were not
doing their jobs and this was to be an. attempt to have them improve their
performance but in the case of Fireman Eppert, the fact that he did not
report to his job was through no willful act but was a service connected
disability. The Association felt this was a punitive act aimed at
Thomas Eppert.
The City Council received a communication from the City Employee's
Association supporting the action of the Firemen's Association in attemp-
ting to rectify what they considered to be a gross inequity in the
treatment of Fireman Eppert with his salary being placed in the "Y"
category.
The City Clerk, at the request of the Administrative Officer, read a
memorandum from the Administrative - Officer to the Fire Chief regarding
consideration of "Y" rating of employees as of July 1, 1971 and the report
from the Fire Chief to the Administrative Officer that the only fireman
not able to perform all duties of his position and subject to "Y" rating
was Fireman T. Eppert.
R. D. Miller, Administrative Officer,.explained the discussion relative
to the "Y" rating involved during employee negotiations in June 1971 as
follows: At the insistance of the Firemen's Association, a clause had
been added, prescribing a 60 day waiting period before imposition of
future "Y" ratings. However, the example cited in the approved memorandum
of understanding provision indicated the non - applicability of any "Y"
rating waiting period this first year. In the last analysis, however,
the entire matter was subject to Council review.
Gary Alstot, Firemen's Association, again reviewed with the City Council
that the employee was not informed of his declassification and assignment
of a "Y" rating to his salary steps and the first time he knew about it
was when he did not receive the same increase as his fellow firemen. He
continued that if the "Y" rating in this case was done to save the City
money, he felt it was a poor way to pay back a loyal employee of over
twenty.years service to save $264.
Councilman Blake explained that the subject employee was not capable or
available for duty and was literally on retirement and should not be
receiving salary increases while not working or not on duty. He further
stated that while this employee was not working but receiving full pay,.
the City must then pay overtime to another fireman to cover his assignment.
R. D. Miller, Administrative Officer, again explained the provisions of
the "Y" rating.
Councilman Brown felt that if salary increases were partially merit and
partially to accommodate cost of living then the subject employee should
receive the cost of living increase but not merit increase while on
disability.
Lane Wilson, Employees' Association, felt that the administrative decision
regarding the salary of T. Eppert was unfair as it penalized a loyal long-
time employee who was sick and not one who had not kept up with job pro-
' ficiency or capability.
Donald Sylvia, Firemen's Association, stated it was his understanding
that at no time during employee nogotiations was the application of a "Y"
rating without a written notice.of deficiency to the employee.
Gary Alstot, Firemen's Association, stated he felt that the City had
adopted a good program in the "Y" rating in trying to upgrade the efficiency
of its employees but he felt that in the subject case of T. Eppert, it was
used as a punitive act of the administration.
City Council Minutes
September 7, 1971
Page 12
On motion of Councilman Blake, seconded by Councilman Brown, that.the
Firemen's Assocition and Employees!'Association contention that.the "Y"
rating in the subject case was punitive was without merit and that the
act of the personnel officer was in order.
Councilman Brown felt that
to merit increases but wer,
Mayor Schwartz agreed that
receive the normal cost of
established standards then
the employees.on sick .leave were not entitled
a entitled to cost of living increases.
an job should J
employee who was disabled on the ' '
living increase but if he could not conform to
no merit increase should be allowed.
The motion lost on the following roll call vote:
AYES: Emmons Blake, John C. Brown
NOES: Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz
ABSENT: None
Councilman Gurnee stated he felt that the interpretation of the "Y" rating
by both employees association members and by City management was.not really
clear and both sides.felt they were right.in this application.
R. D. Miller, Administrative Officer, explained the.derivation of the
5.7 salary increase granted all employees on July 1, 1971 and.what portion
was cost of living.
H. Johnson, City Attorney, and member of the management negotiating team,
stated that during the 1971 negotiations, he .felt that anyone who would
be "Y" rated would be given a sixty day notice.
On motion of Councilman Gurnee, seconded by Councilman Graham, that the
City grant.the salary.increase for.T. Eppert effective 7/1/71 and it was
the intention that the "Y" rating would apply in the future to employees
on disability.
The motion lost with Councilmen Blake and Brown and Mayor Schwartz VOTING
NO.
On motion of Mayor Schwartz, seconded by Councilman Brown, to clarify the
intention of the "Y" rating that it was not to deny the cost of living
increase granted to all employees to disabled employees but they would
not be entitled to any merit increases.
Motion carried on the following roll call vote:
AYES: Emmons Blake, John C. Brown, T. Keith Gurnee,
Kenneth E. Schwartz
NOES: Myron Graham
ABSENT: None
It was the intention of the Council that through.this motion the portion
of the July 1, 1971 salary increase attributable to cost of living would
be paid to T. Eppert effective July�l, 1971 if possible, considering the
current wage freeze. Mr. Johnson was asked to look into this.
12. The City Engineer presented a report on the cost of sewage collection
and treatment and listing advantages and.disadvantages of each approach to
the figuring of costs:
A. By considering costs in other cities in the western states. This in-
formation was obtained from figures presented in the Western Cities Magazine.
City Council Minutes
September 7, 1971
Page 13
D. F. Romero, City Engineer, stated th.is approach had the advantage of,
simplicity but its disadvantage was that rates set by other cities were
usually arbitrary and seldom reflected true collection and treatment cost.
B. By considering actual annual expenditures for sewer processing, capital-
ized to provide for replacement which included a factor for increased cost
due to inflation. He felt this was a better approach.as it considered the
major factors and best reflected the true sewage treatment cost. Its dis-
advantage was the detailed mathematical analysis requiring exhausting
research and the assignment of a useful life to each major part of the
system. He continued that the rate after investigation for the average
household based on actual sewage treatment cost should be $1.95 per month
per home. He recommended that the City Council consider a basic sewer
charge of $2.50 per month with twice that for homes outside the City.
The City Council discussed the implications of the City Engineer's report
for sewer service charges both in the City and in the area immediately
outside the City.
Mayor Schwartz appointed a committee of Councilman Blake and Councilman
Brown to analyze the report and prepare a recommendation for the Council.
13. D. F. Romero, City Engineer, presented plans and specifications for
Street Widening Projects on Foothill Boulevard (Lownes) and on Johnson
Avenue (Ready and Ekegren). He explained the scope of the work to be
accomplished under each contract. He estimated the cost of the three
projects would be $24,600.
R. D. Miller, Administrative Officer, explained that this estimated cost
was more than was budgeted for these projects but the Council could sub-
stitute within the budget.
On motion of Councilman Blake, seconded by Councilman Graham, the plans
and specifications were approved and the City Engineer was authorized to
call for bids but the three projects were to be set up separately in
case the City Council wished to drop one due to the cost. Motion carried.
14. Councilman Blake reported on the activities to date of the
Bicentennial Committee and the program that was being prepared for the
September 11th._ dedication of the Mission Plaza, Phase II and the un-
furling of the new City flag.
15. Traffic Committee report of Auqust 26, 1971.
71 -9 -1C. The Traffic Committee has gone over a report by.David Romero
on the possibility of locating sixteen bike racks in the central business
district. He has a map showing his proposed locations which are generally
agreeable with the Traffic Committee. Bike racks would be located to the
greatest extent possible in red zones and other dead areas and altogether
would result in the loss of three street and one lot parking spaces. The
cost would be less than $2,000, although this total -would be reduced
somewhat if the City accepted the offer of the morning Kiwanis Club and
Manna Store for donations.
Mr. Romero has many different brochures . on different designs of bicycle
racks which he can make available to the Design Review Board. -The
Traffic Committee discussed colors briefly but felt this should be left
up to the Design Review Board. One suggestion was to paint the racks
and curbing olive drab or to leave the existing curb paintings as is in
the event we wish to move the.racks later and paint the racks black.
On motion of Councilman Gurnee, seconded by Councilman Graham, the recom-
mendation of the Traffic Committee was accepted. Motion carried.
City Council Minutes
September 7, 1971
Page 1.4
71 -9 -2T. With the closing of the Johnson's Children Department Store at
840 Monterey Street, it is recommended that the yellow loading zone on
Chorro Street opposite the Old Mission be replaced with a'standard two
hour limit parking meter space. The proprietor of the bible book store
was contacted on this matter and registered an objection to the removal
-of the loading zone since she has no access from the rear of the store
for loading and unloading.
On motion of Councilman Blake, seconded by Councilman Gurnee, the recom-
mendation of the Traffic Committee was accepted. Motion carried.
71 -8 -8T. The Traffic Committee has taken a further look at the request
of Judson Terrace Homes for a yellow loading zone in front of their main
entrance at 3000 Augusta St. The Committee sees a need, has no objection
and recommends a loading zone at that location approximatley 40 feet in
length.
71 -9 -3T. The Traffic Committee has received a request from the owner of
Brittains's Stationery Store building for a yellow loading zone alongside
the store on the south side of Carmel Street east of Higuera to replace
the present green zone. The Committee concurs in the need and recommends
that the first twenty feet or so east of Higuera be painted red, the
second twenty fee remain green and the remainder of the curbing extending
to the driveway ramp be painted yellow and designated as a loading zone.
On motion of Councilman Blake, seconded by Councilman Gurnee, the follow-
ing resolution was introduced: RESOLUTION NO. 2229, a resolution
establishing loading zones on Augusta Street and Carmel Street and
rescinding a loading zone and establishing a two -hour parking meter space
on Chorro Street.
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
16. Communication from Roger Marshall requesting that the City Council
reconsider the rezoning of 3460 Broad Street from MR to M Zone: The e
matter was tabled by the City Council on June 7, 1971 after a hearing.
On motion of Councilman Blake, seconded by Councilman Gurnee, that a
public hearing be held on the request for rezoning as soon as it could
be advertised. Motion carried.
17. Communication from Gary Nichols requesting that the City Council
should order the issuance of a building permit for the placement of an
outdoor eating terrace over the creek area at 1011 Higuera Street. He
continued that the City Engineer had requested that the building permit
not be issued as this structure was involved in the remodelling to take
place in the area that must be repaired to eliminate a creek obstruction.
D. F. Romero, City Engineer, explained the problem and requested that
the Building Department not issue a permit for this construction until
the flood control work had been completed on the Stan Cole property.
John Jones, representing Gary Nichols, felt it was unfair to hold up the -
building permit for construction of the terrace over the creek for the
reason that the City had not completed the necessary construction work
in the creek area.
F
City Council Mi.nutes
September-7, 1971
Page 15
H. Johnson, City Attorney, explained it was not the City's fault for the
delay but that of the property owner who did not return the agreement
for joint work on this .problem until a .short time ago which made it too
late for preparation of plans and specifications and construction prior
to the winter rains. I .
Gary Nichols stated that in addition to the construction of the terrace,
it was his plan to complete the landscaping of the creek bank and con-
tinue the landscaping from San Luis Savings-.: and Loan area.
The City Council discussed the plan with the City Engineer, City
Attorney and Gary Nichols including the type of construction being
considered for the subject terrace.
On motion of Mayor Schwartz,
building permit for the terr
the City Engineer's approval
the creek. All construction
the building and the terrace
right clear for future creek
seconded by Councilman Brown, that the
ace at 1011 Higuera be granted subject to
of design with no supportive posts into
would be above the level of bond beam on
to be limited to leave the area on the
channel construction. Motion carried.
18. Communication from the Promotional Coordinating Committee regarding
its relationship with the Chamber of Commerce was continued to the
September 20 meeting.
19. R. D. Miller, Administrative Officer, reported that the school
district had approved the nomination of Lynn Cooper as a member of the
Advisory Committee on Joint Recreational Use of School District Property.
On motion of Councilman Blake, seconded by Councilman Graham, the City
Council approved the appointment of Lynn Cooper to the Advisory Committee
on Joint Recreational Use of School District Property. Motion carried.
20. H. Johnson, City Attorney, brought to the Council's attention the
matter of the escrow instructions for purchase of additional sewer farm
property from R. Benzer and requested the Council's approval for the
Mayor to sign the instruction.
On motion of Councilman Graham, seconded by Councilman Brown, the Mayor
was authorized to sign the escrow instructions. Motion carried.
21. On motion of Councilman Graham, seconded by Councilman Brown, the
following contract payment was approved and ordered paid:
0. K. Industries $9,818.00
Mission Plaza, Phase II
Motion carried.
22. Councilman Gurnee brought to the Councils attention the matter of
the road being constructed to the .rear of the new Baker Brothers develop-
, ment, Valencia, which was part of the settlement out of court on the fire
safety requirements for the development. He continued that the road was
to be constructed for the use of fire trucks to fight fires in the area
but apparently there was insufficient room on the Baker property for this
construction and they were encroaching on adjoining private property. He
suggested that the City Council put a stop order on the road construction
to protect the property owners on Verde Drive from having their
properties encroached on.
City Council Minutes
September 7, 1971 .
Page 16
H. Johnson, City Attorney, explained the conditions of the out of court
settlement with the Bakers which involved the construction of an eleven
foot wide road to the rear of the development for fire protection purposes.
The City Staff was requested to check the planned development and property
lines to see just what the conditions really were involving this road.
23. The City Council adjourned to executive session to discuss pending '
litigation.
24. The City Council adjourned to Friday, September 10, 1971 at 12:00
Noon to discuss the Baker development problem.
FITZPATRICK, CITY CLERK
APPROVED: November 15, 1971
i
1