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HomeMy WebLinkAbout06/01/19701 1 Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA June 1, 1970 - 7:00 P.M. City Hall Present: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz City Staff Present: P. Gerety, Planning Assistant; J. H. Fitzpatrick, City Clerk; J. Stockton, Park and Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer, E. Rodgers, Police Chief 1. CONSENT ITEMS. On motion of Councilman Graham, seconded by Councilman Miller, the following items were. approved by motion or resolution on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None. ABSENT: None A. The minutes of the Council meetings of May 4, 11, 19 (12:00 & 7::30 P.M.), 21, 25, 26 &:27, 1970. Claims against.the City for the month of June 1970, subject to the approval of the Administrative Officer. B. Administrative Officer, R. D.. Miller, announced the appointment of Joseph Pluneda, Jr. as Utility Plant Operator I at Step I or $485 per month effective June 1, 1970 subject to one year's probationary period. C. Resolution No. 2044, a resolution increasing the 1969 -70 Budget. (1. Account No. 200.4, General Government - Legal Advertising, be increased by $1',000; 2. Account No. 214.3, Street- Materials and Supplies, be increased by $10,000; 3. Unbudgeted"Reserve be ,:decreased by $11,000; 4. Acount No. 851.3, Sewer Collection System Materials and Supplies, be increased by $750; 5. Account No. 704, Water Purchase, be increased by $20,000.) D. Progress report on sign enforcements. E. Report of the City Clerk on bids received for the West Street Storm Drain, City Plan No. 19 -70. Walter Brothers Construction Co. $4,486.60 San Luis Obispo . Madonna Construction.Company $5,028.00 San Luis Obispo Fred Julien & Associates $5,065.00 San Luis Obispo West Coast Construction Co. $5,208.20 San Luis Obispo Gus Howie $5,285.80 San Luis Obispo City Council Minutes June 1, 1970 Page 2 W. G. Watkins Construction Co. $5,955.00 Paso Robles Burke Construction Co. $6,525.00 San Luis Obispo Engineer'.s Estimate $4,509.00 D. F. Romero, City Engineer, recommended that the low bid of Walter Brothers Construction Company be accepted. The City.Council accepted the low bid and awarded the contract to Walter Brothers Construction Company. F. Report of the City Clerk .on.bids received for the Traffic Signal Instal- lation at Johnson Avenue and Bishop Street, City Plan No. 25 -70. Lee Wilson Electric $8,839.00 Arroyo Grande Rosedin Electric $10,390.00 San Jose A -1 Electric $10,755.00 San Luis Obispo Engineer's Estimate $10,000.00 D. F. Romero, City Engineer, recommended that the low bid of Lee Wilson Electric Company be accepted. The City Council accepted the low bid and awarded the contract to Lee Wilson Electric Company. G. The following contract was ordered paid: Smee's Plumbing and Heating Est..#l. $29087.18 Repairs City Hall Boiler H. Communication from the Planning Commission regarding the City house numbering system:.was received and placed on the June 8, 1970 study agenda. I. Communication from the Planning Director regarding-the Vista Grande annexation. The following ordinance was introduced and passed to print. Ordinance No. 490, an Ordinance Approving the Vista Grande Annexation to the City of San Luis Obispo. J. Communication from the Design Review Board regarding directional signs in Mission Plaza was placed on the June 8, 1970 study agenda. R. Communication from the Planning Director regarding abandonment of portions of Ruth and Church Streets. The recommendation was accepted and the matter was set for public hearing. L. Communication.from the City Engineer regarding the studies on the Broad Street -Edna Road Widening was ordered received and filed. M. Report of the.Planning Commission on the denial of application of Volny Construction Company to rezone from R -2 to PD R -H that property located on the South side of Bond between Kentucky and Motley Streets was ordered received and filed. N. Authority was granted to call for bids for removal df abandoned vehicles from the.City streets. 2. Mayor Schwartz reported on behalf of the committee appointed to select a winner in the Name the Park Contest. He stated that Donald Van Harreveld, Park and Recreation Commission, Laverne Schneider, Planning Commission and Marvin Willard, Citizens Advisory Committee, recommended to the City Council that the City Council Minutes June 1, 1970 Page 3 award winning name of Meadow Park be accepted as submitted by Sandy Duveneck, San Luis Obispo Senior High School.. Mayor Schwartz introduced Sandy Duveneck and pre- sented him with the $25 prize. On motion of nX2L S chwartz,. seconded by Councilman Blake, that the name Meadow Park be adopted as the official name for the City owned park on South Street. Motion carried. 3. At this time the City Council considered the final passage of Ordinance 487, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To ' rezone from R -2 to C-H that property.known as 2246 thru 2276 Broad Street.) Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the final passage of this ordinance. Mavor Schwartz declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Graham, the following or- dinance was introduced for final passage. Ordinance No. 4873 an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R -2 to C -H that property known as 2246 thru 2276 Broad Street.) 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 4. J. Kellerman, Chief Building Inspector, brought to the Council's attention the fact that a protest had been lodged with the Planning and Building Department re- garding the method used in determining the sign area when a business uses a sphere for a sign. The question was should the total surface area of the sphere be used for computing the sign area or should the area of a circle with a diameter equal to the sphere be used ?" After discussion by the City Councilit was moved by Mayor Schwartz, seconded by Councilman Spring, that the total surface area of the sphere be used in determining the area of the sign. Motion carried. 5. Communication from Dave Ethridge submitting his resignation as a member of the City Traffic Committee was accepted with regret. The City Clerk was asked to write a letter to Mr. Ethridge thahking him for his services to the City. The matter was referred to the study session for appointment of a new member to the Traffic Committee. 6. Communication from John Hurley, 10 Hathway Avenue, requesting that the City Council grant a variance to the size of the sidewalk being installed in front of his property on Hathway in order to save two trees. D. F. Romero, City Engineer, explained that the more northerly tree was far enough from the sidewalki:that an indenture to leave a walk of four feet in width around the tree could be made. The more southerly tree, however, was so close that the sidewalk would be approximately 30 inches wide at this point and in his opinion, could not constitute a reasonable passage for pedestrians. After discussion by the Council it was moved by Councilman Miller, seconded by Councilman Spring, that the variance be granted by permitting an indentation in the sidewalk to protect the trees. Cost for necessary retaining walls to be paid for-by the property owner. Motion carried. The City Council asked the City Engineer to have the trees trimmed back after the sidewalk had been installed, as the limbs humb quite low. 7. D. F. Romero, City Engineer, presented engineering drawings on various al- ternate methods of handling the installation of curb, gutter and sidewalk on the north side of Hathway Avenue in front of the Thompson, Noble and Ward properties. City Council Minutes June 1, 1970 Page 4 Councilman Graham stated he felt that Hathway should not be narrowed. He felt . that curb and gutter should be installed at this time, but that sidewalks should not be required. He continued he felt that no parking should be allowed as traffic movement was the most important consideration. Councilman Blake suggested that curb and gutter be installed 18 feet from the center of Hathway and that only a 4 -foot sidewalk be required on the north side. Mayor Schwartz stated it was his feeling that the installation of sidewalk was the most important item under consideration in requiring these improvements. The matter was continued for further discussion at the study session of June 8. 8. Communication from Lynne Development, Inc. requesting that the.City Council consider the relocation of existing overhead utility lines fronting Tract 393 on Los Osos Road and that they be put underground in order to complete the aiea. The matter was referred to the Underground Utilities Coordinating Committee for recommendation to the City Council. 9. Communication from the City Planning Commission recommending that the City Council amend the Zoning Ordinance to reduce the area required for condominium developments from 36,000 square feet to 6,000 square feet. The Planning Commission recommended that Section 9200.18.1D be amended to read as follows: "Planned development districts may be permitted on any parcel or contiguous parcels of land capable of subdivision into six or more normal lots as specified by the Zoning Ordinance for that land use district, except that condominium developments may be permitted on Lots 6,000 square feet in area or greater. (U'Districts shall be considered R -1 Districts for the purpose of this section.)" On motion of Mayor Schwartz, seconded by Councilman Graham, action on the recom- mendation was deferred and the City Council'asked thec'Planning Commission to expand their study to include amending the requirements of a Planned Development to equal four lots instead of six lots. 10. At this time the City Council held a public hearing to receive requests from interested groups and individuals for funds-to be included in the 1970 -71 City Budget for promotion and advertising. Lew Holland, Executive Vice President of the San Luis Obispo County Development . Association, appeared before the City Council stating that he had previously sub- mitted a detailed request and report on the activities of the County Development Association. He stated that at this time he wished to reiterate the request for a grant of $5,000 from the City of San Luis Obispo. He continued that-he would be very happy to answer questions from the City Council. Charles Delmartini, President of the 1970 La Fiesta Association, asked that the City Council budget a minimum of $1500 for support of the 1971 La Fiesta. John Grandy, Chairman of the City Advertising Committee, requested that the City - Council set $36,474 as the media advertising budget for the fiscal year 1970 =71, which included $2500 for reprint of the City's folder. He also suggested that the City Council again retain Ball- Morgan Associates as the City's advertising agency. Robert Corcoran, President of the Downtown Association and member of the Restaur- ant and Tavern Owner's Association, requested that the City Council continue their media advertising program for 1970 -71 as it was a.most important program for the promotion of the City. He felt that it paid to advertise the City. R. Dunin, President of the Motel -Hotel Association urged the City Council: to ex- pand and enlarge on their present media advertising program in order to bring in a greater number of outside people to San Luis Obispo to use the motels and.service facilities. He continued that the tourist industry was the best possible industry City Council Minutes June 1, 1970 Page 5 for the City as it requires no: services and pays its own way. He felt that in addition to the media advertising, some funds should be set aside for promotional activities within the county which would attract visitors to spend some time in' the community. He also hoped that Mayor Schwartz's guidelines for a moreioomp-re- hensive promotional program would be adopted by the Council. Communication from the Retail Merchants Association recommending that the City Council include in the 1970 -71 budget, $35,000 for promotional advertising of the City of San Luis Obispo. They stated that the tourist dollar was a new and important business to the community and felt that advertising to promote'busi- ness was good business. L. Schlimmer, Time and Treasures, requested that the City Council continue the tax supported advertising and promotion program for the support of business in the City. B; Robert Leitcher, property owner, urged the City Council to add funds to the ad- vertising. program of the City to include not only ads to attract people to the City but also to spend money on things for people to do and see once they arrive in the City. Mr. Leitcher continued that the City Council should look into the possibility of spending some tax money to supplement the hours the Mission Musuem and the County Historical Museum were open to visitors. He felt that if funds were made available to keep the museums open daily until 8:00 P.M. it would en- courage tourists to spend more time in the City. Communication from the San Luis Obispo County Symphony Association requesting that the City Council grant them $500 from the advertising and promotional budget of the City, for support of the County symphony orchestra. Communication from the California Mission Counties Association requesting that the City Council again support the association in the amount of $275. Communication from the Square Dance Association requesting that the City Council again grant them $315 for the Annual Square Affair to be held on Labor Day. The Chamber of Commerce again requested that the City Council grant them the same $10,000 for support of the Chamber's operation. The Chamber of Commerce also requested that $750 be budgeted for the City's portion of the Christmas lighting program. Petition signed by.16 service station owner- operators requesting that the-City Council continue their media advertising and promotional program for 1970 -71; as the promotion of San Luis Obispo was a necessary item.to the continued business growth of the.City. They felt advertising and promotion funds were funds that were well spent, due to the importance of the tourist dollar. Councilman Miller stated he was opposed to'the media advertising program and any expenditure of public funds for promotion by private business as he felt that with all the problems facing the City of San Luis Obispo money should not be spent on advertising. He felt the Council was not facing the real issues facing the residents of the City. He felt there were greater needs for the money, such as transportation, housing, dental care for needy children,'day care for children of working mothers, community medical care, etc. He felt that before budgeting money for media advertising, these necessary-items should be considered. Councilman Miller further felt that any promotion of the City should be conducted by the business community as they were the ones who reaped the benefits. - Councilman Blake stated he felt that the advertising and promotional budget of the City only represented less than 1% of the total City budget of over three and.one -third million dollars. He felt this was money well spent as the bed tax,.sales tax, etc. of the City were increased due to the promotion. The matter was referred to the budget study sessions and the public hearing to be held on the budget on June 15, 1970. 11. At this time the City Council held a public hearing on the recommendation of the Planning Commission to prezone from County A -1 to City R -H that property commonly known as 247 Higuera Street. City Council Minutes June 1, 1970 Page 6 P. Gerety, Planning Assistant, presented the recommendation of the Planning Com- mission as follows: 1. The subject property is approximately 30'acres in area and.the applicant is requesting prezoning to R -H in order to developea mobile home park. 2. The community's General Plan proposes heavy commercial use and suburban residential use for this general area. The present zoning is County A -1 (light agriculture). Adjoining properties are generally undeveloped with the exception of the contiguous properties fronting onto Higuera Street which are developed for heavy commercial and light industrial use. There is a new mobile home park approximately 250 feet to the south. 3. The Commission was of the opinion that the requested., rezoning was not in conflict with the General Plan. Mayor Schwartz declared the public hearing open. Don Good, developer, asked the City Council to approve the recommended pre - zoning so that he may proceed with his plans for developing a mobilehome park. He stated the rezoning was a requirement for their future financial plans. No.one appeared before the Council in opposition of the prezoning. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Spring, the following or- dinance was introduced. Ordinance No. 488, an ordinance amending the Official Zone Map of the City of San Luis Obispo. (To prezone from County A -1 to City R -H that property commonly known as 247 Higuera Street) Passed to print on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q..Miiler, Kenneth E. Schwartz NOES: None ABSENT: None 9:15 P.M. Mayor Schwartz declared a recess. 9:25 P.M. The meeting reconvened with all Councilmen present. 20. Discussion by the City Council of rezoning from PD R -2 back to R -1, that property on the southeast corner of Madonna Road and Los Osos. Road. 1. Councilman Spring asked that this item be removed from the agenda as he has since received a full report on the matter and discussion on the matter is no longer' necessary. 21. Traffic Committee Report of- May 28, 1970. 70 -6 -1T. The Traffic Committee has received a request from the Greyhound Bus Company for three twelve- minute green parking spaces in front of the new depot extending from.the easterly driveway ramp. The cab company has requested that the final two spaces to the west at the corner of Parker Street be designated as cab spaces. The Traffic Committee concurs in these requests and recommends that three green zones and two taxicab spaces designated with alternating yellow and black markings be approved by the Council. We recommend that the existing loading zone space and two cab spaces in front of the old Greyhound depot be replaced with-two regular parking meter spaces extending in an easterly direction from the bus exit and that the last twenty feet to the east, which is one of the two existing cab spaces, be painted red to go with the existing red zone in front.of the theater. U 1 7 L_J City Council Minutes June 1, 1970 Page 7 On motion of Councilman Blake, seconded by Councilman Graham, the following.reso- lution was introduced. Resolution No. 2051, a resolution establishing three 12- minute parking spaces and two taxicab spaces on South Street and establishing two parking meter spaces and extending a red zone on Monterey Street. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 17. D. F. Romero, City Engineer, reported on his investigation of the TOPICS program as requested by the Council. He stated it was possible for the City to proceed with its own TOPICS program but that it was quite cumbersome and was un- desirable except for isolated communities. He stated the best approach to the program would be a county -wide program with all cities in the County taking part. Mr. Romero recommended that (1) the City Council adopt a resolution assigning the 1969 -70 TOPICS funds and the 1970 -71 TOPICS funds prior to the July 31, 1970 dead- line, and (2) that the City participate with the County and other cities within the county in hiring a single consultant for an integrated TOPICS study. Mr. Romero continued that if these recommendations were followed the City would not lose its TOPICS funds and would not sacrifice current construction projects by using City staff for the TOPICS study. Further, the City would probably re- alize the most efficient consultant cost due to the savings in participating with the County and other cities in the TOPICS studies. On motion of Councilman Graham, seconded by Councilman Miller, the following reso- lutions were introduced. Resolution No. 2048, a resolution designating use of 1969 -70 and 1970 -71 TOPICS allocation and, Resolution No. 2049, a resolution recommending that San Luis Obispo County be designated as TOPICS coordinating agent. 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 12. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from M to•R -H, lot 135 of the San Luis Obispo Suburban Tract, located at 3510 Bullock Lane. P. Gerety, Planning Assistant, presented the recommendation of the Planning Com- mission as follows: 1. The subject property is 10.33 acres in area. The parcel is zoned M and has frontage on Bullock Lane. 2. There are two mobile home parks, with a total area of approximately ' 12 acres, contiguous to and north of the subject property which have frontage on Orcutt Road. One mobile home park is zoned M and is non - conforming under the present zoning. The other mobile home park was recently rezoned R -H AH. A vacant parcel of land contiguous to and north of the subject parcel but outside the City limits was recently prezoned R -H =S AH. All other property within the City limits east of:Bullock Lane and sotth of Orcutt Road is zoned M (industrial), however, the area is predominately developed for resi- dential use. The Pepsi Cola Bottling plant, the only industrial use in the area, is located contiguous to the subject property. City Council Minutes June 1, 1970 Page 8 3. The General Plan was dential uses along Orcutt of this application, and recently amended and proposes high density resi- Road, low to medium residential uses in the area industrial uses west of the railroad tracks. 4. The Commission was of the opinion that approval of R -H -S AH zoning would be a logical extension of high density existing in the area, and would not be in conflict with the recommendations of the General Plan. Mayor Schwartz declared the public.hearing open. R. Maddalena realtor representing Charles Baca, developer, requested that the City Council approve the recommendation of the Planning Commission and rezone the property to R =H -S. The rezoning was needed so that a high class mobile home park could be developed on this property. He stated this type of develop- ment was needed in San Luis Obispo. Mr. Maddalena continued that this piece. of property was now available for development and further it is the only par- cel this size available within the City for this type of development. Charles Everts, adjacent property owner, urged the City Council to approve the requested rezoning as he felt the proposed development is compatible with the area and that mobile home parks were needed in the City. Charles Kamm, realtor, supported the proposed rezoning as he felt that high residential uses were compatible with development in the area. Mayor Schwartz explained what uses were allowed in the R -H zone. Harold Bruce, owner of the Pepsi -Cola bottling plant adjacent to the property proposed for rezoning, stated he was opposed-to the rezoning as he felt it would be a detriment to his bottling operation. He continued that when he developed his distributing plant he was informed that the City's Master Plan and the Zoning Ordinance would protect his development from zoning change. He stated that at the time of his.development he was assured by the Planning ' Commission and City Council that this area would be used for industrial pur- poses only. Now, after a short period and after he had invested almost a quarter of a million dollars he found he could be surrounded by residential development which could cause his property to be non - conforming and limit further expansion of his development. He asked.that the City Council consider protecting the property owners who in good faith have developed businesses in this area. Mr. Bruce also brought to the Council's attention the problem of the width of Bullock Lane which was quite narrow. He was concerned about more traffic being drawn to this narrow street if high density residential development were allowed. He also suggested that the City Council discuss the matter of the traffic problem at the intersection of Laurel Lane, Orcutt Road and Bullock Lane which was extremely hazardous and would be impossible if additional development were allowed. W. Shelton objected to the proposed rezoning as he planned to operate a con- struction yard on adjacent property. The construction yard was allowed under M zoning but he was afraid that if the proposed rezoning were granted his property would be non - conforming and he would not be able to expand his construction yard. Harold Bruce again urged the City Council to defer any action on this re- zoning until the sewer and water problems in this area have been settled: J. Anderson asked if the City planned to widen Bullock Lane and when they planned to do so. D. F. Romero, City Engineer, explained the alternate methods for "handling sewer and water service for this area and also -the widening of Bullock Lane. Mr. Romero explained that each development was being required to dedicate widening on Bullock Lane and to construct sewer and water, curb, gutter and sidewalk and street improvements as it develops. With this as a long range master plan, eventually Bullock Lane would be fully improved to provide for a travel lane and a parking lane in each direction. City Council Minutes June 1, 1970 Page 9 Charles Kamm stated he felt the question was whether there was enough land in the City zoned M, if this amount.of land was needed for such development and whether there was enough land in the City zoned for high density residential uses. Mayor Schwartz declared the public hearing closed. Councilman Spring questioned the condition of Bullock Lane and stated that before he could make a decision he would want to know when and how this street could be improved. Councilman Miller stated he felt the City needed more R -H zoning. so that mobile home parks would be developed, which would be one answer to the housing problem. He also felt, however, that the condition of Bullock Lane was a problem and should be studied before more development was allowed. He was also concerned that the industrial developers in this area should be protected as they had developed in this area in the belief that they would be protected from encroachment by residential uses. Councilman Miller suggested that possibly the City might con- sider the formation-of a special assessment district to improve Bullock Lane to City standards and possibly have sewer and water brought into the area. He stated he would be opposed to the rezoning at.this time. Councilman Graham stated he felt that Bullock Lane should be widened and would be as time passed and more developments occured in the area. He stated he would support ;th.e requested rezoning. Councilman Blake questioned the City's ability to initiate a special assessment district to improve Bullock Lane. He felt the only way the street could be im- proved would be to have each property owner improve their.portion as the area develops. Mayor Schwartz stated he felt the problem regarding Bullock Lane was that the street would only be improved as development took place and development does not take place in an orderly manner but in a parcel by parcel manner. He felt it.would be 'a long time before the street would be improved. Councilman Miller stated he felt the City should proceed with the possibility of initiating a special assessment district to bring Bullock Lane to City standards. Councilman Spring agreed that the property owners should be assured that adequate access is available to all property owners on the street. Mayor Schwartz stated that it might be that this particular rezoning was pre- mature as the adjacent property owners were not ready to proceed to high density residential uses, and make the necessary street improvements. He felt that the Council could take one of the three following actions. 1. Approve the rezoning and pass an ordinance to print. 2. Deny the requested rezoning. 3. Continue consideration of this matter until additional study is made. Councilman Graham moved that the rezoning be approved and an ordinance passed to print. The motion died for lack of a second. On motion of Councilman Spring, seconded by Councilman Blake, the matter was continued to June 15 with a staff report on street improvements to complete Bullock Lane. Motion carried. Councilman Graham voting no. i H. Johnson, City Attorney, presented for the Council's consideration the uniform animal control ordinance prepared by the County of San Luis Obispo for all the cities within the County. Mayor Schwartz.briefed.the ordinance section by section for discussion by the Council and the audience. City Council Minutes June 1, 1970 Page 10 On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced. Ordinance No. 489, an ordinance establishing a City pound and providing for the regulation of animals and repealing Article IV, Chapter 1, Parts 1 & 2 of the San Luis Obispo Municipal Code. 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 14. H. Johnson, City Attorney,.presented for the Council's consideration a resolution establishing the framework for future relations between the. City of San Luis Obispo, as an employer, and its employees. Mr. Johnson brought to the Council's attention that the City Employees Association had not received a copy of the ordinance until Friday,.May 29 . and they would like to have the City Council continue the matter until they have had an opportunity-to study the ordinance. The matter was continued to the meeting of June 15. 15. Communication from Don Samson representing a group of citizens concerned about the Southeast Asian War, asking that;the City Council pass a resolution opposing the American involvement in Vietnam and Cambodia on the basis that the original military involvement was a mistake and that the continued American involvement in that area was a senseless waste of American lives, resources and energy at a time when these resources were desperately needed to solve domestic problems. Charles Boebel, English instructor at Cal Poly appeared before the City Council listing some of the problems facing our nation due to the long involvement in the Southeast Asian-War. He felt that the City Council as the elected officials of San Luis Obispo should take a strong.stand opposing the war. He further stated he felt it was the duty of all local officials to take a stand as a matter of conscience, for the good of the citizens of the community. He con- tinued that he did not represent students per se but he represented a group of, concerned citizens of San Luis Obispo County. He urged that the City Council pass a resolution and forward it to the President of the United States opposing the continued involvement of Americans in the Southeast Asian War. Charles Wilkins felt that the resolution opposing the war as requested by the group of citizens at this meeting, was not the duty or responsibility of the City Council. He feit'that the City Council had no jurisdiction as far as the war in Southeast Asia was concerned, except as individuals. He continued it was not the Council''s responsibility to stop the war in Asia. He personally felt that the citizens of the United States should support their president and his plans to disengage our troops from the Vietnamese War. Dr. W. T. Williams, representing the Ad Hoc Committee for Action, San Luis Obispo, presented a petition signed by over'800 citizens of San Luis Obispo which stated, "We the undersigned ask that the City Council members of San Luis Obispo make a definite statement concerning stoppage of the war in Southeast Asia." Dr. Williams stated that as a concerned citizen of San . Luis Obispo he felt that many projects which should.•be accomplished for the good of San Luis Obispo were not being accomplished as the funds for these.... projects were being wasted in a terrible war. He felt'that if the wai were -" stopped, the men brought home and the war funds diverted to America, that many of the things that the citizens want and need, such as housing, smog control, etc. could be accomplished. Dr. Williams felt that a definite statement for or against the stoppage of the war should be made by the City Council. .He felt that a definite statement was needed so that the people of the community would know how their elected officials felt about this extremely important issue. He requested that the City Council at this time make a decision regarding this issue. 1 D City Council Minutes June 1, 1970 Page 11 Arthur Jensen felt that the City Council had no right to take any official action on the war as he felt that any action by the City Council would be a stab in the back to the young men fighting in Asia. John Enos objected to the City Council taking any action on behalf of all the citizens of San Luis Obispo for or against the war in Southeast Asia as he did not feel that this petition represented the feelings of the residents of the City. He further felt that the matter of the war in Southeast Asis was a ' matter for each person to take up with his elected congressman and the President. He felt this matter was their responsibility and not that of the City Council! Mr. Enos personally felt that the President of-the United States was doing the best he could to bring our men out of the area. He did not feel it was the Councils duty to pass a resolution on this war. He felt a resolution supporting the President would be in order. Sue Malcom stated she felt that the City Council's statement might not make an impression on the President, but she felt that the Council should take a stand against the war. She felt that without the war the country could get on with the good life promised to all the citizens of our country. She hoped that the Council would endorse a proposal for peace. Ed Geronoian stated he was opposed to the war and felt the City Council should take action to show their leadership by opposing the continuance'of the Southeast Asian war, and urge that all our men be brought home as soon as possible. He felt that this action was-necessary because there are needs in our own country that are not being met due to this war. He hoped the City Council would take some action for or against the stoppage of the war so that the young people could see how their leaders felt. Councilman Spring stated that he could not go on record as opposing his Commander in Chief. Councilman Blake stated he was opposed to the wording of the resolution as presented by Mr. Samson. He presented the.following.resolution for the Council's consideration. We the City Council of San Luis Obispo, believe that our President and his directed military forces, acting as'the vital force in America's security acted wisely and well:by striking into Cambodia one month ago. We feel that this act, while in itself costly has been entirely successful and has con- tributed greatly to the orderly withdrawal of American forces to the established timetable. We wish to assure him of our continued support and confidence. Further, we acknowledge that the City Council has been elected to, and serves as a local legislative body with defined limits of responsibility and influence and not a platform for dissidents. Councilman Miller stated that it was the duty of each American to make his feelings known on the Southeast Asian War. He felt that the war -is tearing the country apart and was taking the young men of our nation and sentencing them to die in a foreign land. He felt that our human resources are being disapportioned in a far away land of no consequence to our nation. He felt it was important to cities to object to this war as monies that could be used for the residents of the community was being sent to a mud hole in Asia. He continued that everyone must let the President and'his military forces know how we -feel. He personally opposed.the war and was taking a stand as an elected official against furthur involvement in the Southeast Asian War. Councilman Graham stated that as an individual he had written to his congressmen giving his feelings on the war and expressing a hope that our men would soon be sent home so that our resources could be used for important needs in our own country. He stated he would support a resolution opposing the war in Southeast Asia. City Council Minutes June 1, 1970 Page 12 Mayor Schwartz stated he felt that had the proponents of this resolution had any real knowledge of basic politics they would have realized by polling the Council that the Council members were split on this issue and that a resolu- tion with a split vote would 'not have much effect on the President of the United States. He felt that only a resolution with a unanimous vote for or against the war would be of aiy benefit. Further he felt that he was not sure that the petition was actually representive of the feelings of the citizens of San Luis Obispo as there were signers from all over the county and not just citizens of San Luis Obispo. He suggested that no action be taken on this resolution due to the stands taken by members of the Council. He felt that action should be taken by individuals and not the Council. On motion of Councilman Miller, seconded by Councilman Graham, that a resolution be adopted opposing the war in Vietnam and urging that it be, stopped immediately. Councilman Miller asked for a roll call vote: The motion was lost on the following roll call vote: AYES: Myron Graham, Donald Q. Miller NOES: Emmons Blake, Arthur F. Spring, Kenneth E. Schwartz ABSENT: None 16. H. Johnson, City Attorney, presented for the Council's consideration a resolution providing for emergency regulations to preserve the peace and. order of the City of San Luis Obispo and calling attention to penalties for violation thereof. H. Johnson explained that this resolution was just to clarify some state laws and City ordinances already in existance and to make them easily accessible for enforcement. The City Council discussed the matter of this resolution which would authorize the Mayor to take.action in this area without consulting the balance of the City Council. H. Johnson explained that the Mayor has the authority now under Civil•Defetise laws as he is the Director of Civil Defense for the City. He stated that except for emergency conditions, the Mayor would still consult the Council, but this was a safeguard if the other members of the Council were not available. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. Resolution No. 2052, a resolution providing for emergency regulations to preserve the.peace and order of the City of San Luis Obispo and calling attention to penalties for violation thereof. 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 18. D. F. Romero, City Engineer, brought to the Council's attention the re- quest of Mrs. Edra Smith, property owner on Edna Road, that the City Council grant -her permission to have her property connected to the City sewer system. Mr. Romero stated that Mrs. Smith had two requests regarding the sewer connec- tion. (1) would the Council be receptive to partial sewer payment for only a 1 1 City Council Minutes June 1, 1970 Page 13 portion of the property owned by Mrs. Smith or would the entire property have to be connected? and (2) would the Council allow Mrs. Smith to pay for the connec- tion on a deferred payment basis? D. F. Romero explained that deferred payment had been granted in the past with a 25% down payment and the balance in five equal installments at 52% interest. He stated he wished the Council's guidance on these requests. On motion of Councilman Spring, seconded by Councilman Miller, that the entire property must be connected, and that deferred payment would be granted with 20% to be paid as a down payment and 6% interest on the unpaid balance. Motion carried. 19. Presentation by the City Engineer on a third alternate for the Woodbridge or South Street crossing of the Southern Pacific Railroad was continued to June 8, 1970. On motion of Councilman Blake, seconded by Councilman Miller, the meeting adjourned to 12:00 Noon, June 2, 1970. APPROVED: July 6, 1970 -1 PATRICK, CITY CLERK