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' Roll Call
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, January 7, 1974 - 7:00 P.M.
City Hall
PRESENT: Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
ABSENT: None
City Staff
PRESENT: J. H. Fitzpatrick, City Clerk; R. D. Miller,
Administrative Officer; A. J. Shaw, Jr., City
Attorney; D: Williamson, Assistant Administrative
Officer; Parks and Recreation Director W. Flory;
R. A. Paul, Water Department Director; E. L. Rodgers,
Police Chief; D. F. Romero, City Engineer; L.
Schlobohm, Fire Chief; Pat Gerety, Associate
Planner.
Mayor Schwartz announced that the City Council authorized the appoint-
At the request of the City Council, the City Clerk explained the
implications of the change in timing on the water bills, in that the
bills would now be due and payable on the 1st of the month and delin-
quent on the 1st of the following month, rather than the present
procedure of due and payable on the 10th of the month and delinquent
on the month following. Otherwise there were no basic changes to
the billing procedure.
Mavor Schwartz declared the public hearing open.
No one appeared before the Council for or against the proposed ordinance
change.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Brown, seconded by Councilman Graham, the
ordinance was introduced for final passage on the following roll
call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris,
and Mayor Schwartz
NOES: None
ABSENT: None
2. The request of the San Luis Obispo.Transportation Corporation,
doing business as San Luis Obispo Yellow Cab, requested Council permis-
sion to experiment with a dial -a -ride system at no cost to the taxpayers.
ment to
the Planning Commission of Dr. Allan
Settle, to complete the
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term of
Alva Williamson, June 30, 1977.
1.
City Council considered the final passage of Ordinance No.
602, an
ordinance of the Council of the City
of San Luis Obispo
amending
the water billing procedures in the
Municipal Code.
At the request of the City Council, the City Clerk explained the
implications of the change in timing on the water bills, in that the
bills would now be due and payable on the 1st of the month and delin-
quent on the 1st of the following month, rather than the present
procedure of due and payable on the 10th of the month and delinquent
on the month following. Otherwise there were no basic changes to
the billing procedure.
Mavor Schwartz declared the public hearing open.
No one appeared before the Council for or against the proposed ordinance
change.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Brown, seconded by Councilman Graham, the
ordinance was introduced for final passage on the following roll
call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris,
and Mayor Schwartz
NOES: None
ABSENT: None
2. The request of the San Luis Obispo.Transportation Corporation,
doing business as San Luis Obispo Yellow Cab, requested Council permis-
sion to experiment with a dial -a -ride system at no cost to the taxpayers.
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City Council Minutes
January 7, 1974
Page 2
To conduct the test, the City Council would grant the corporation
permission to 1) use any of their cab vehicles or other appropriate
vehicles to be operated at fixed rates per passenger rather than
the meter rates and 2) to determine and set the rates during the
trial periods subject to Council approval within 130 days. The
request of the San Luis Teansportation was referred to the Mass
Transit Committee for study and recommendation to the City Council.
3. City Council again reviewed the policies and standards for
Flood Plain Management and considered the adoption of an ordinance
amending the Municipal Code to require review by the City of all
proposed construction and grading activities within certain flooded
and flood prone areas and within 20 feet of the top of the banks of
certain waterways, prior to the issuance of building and grading
permits therefor, and providing a procedure for said review.
D. F. Romero, City Engineer, then reviewed for the City Council, the
policies and standards recommended to the Council for Flood Plain
Management. He reviewed the definitions to be used in the ordinance,
determination to be made by the staff, the standards for improvement of
natural waterways in decreasing desirability such as 1) natural,
2) timber, 3) stone-masonry, 4) stone riprap, 5) constructed concrete
rubble, 6) sacked concrete, 7) brick or concrete block, and 8) gunite
or concrete pour. He also reviewed the general requirements of appli-
cants for construction within the waterways and the documents re-
quired by the waterways plan for consideration.
Under the policies and standards, any person who was aggrieved by a
decision made under the terms of the ordinance or by the Waterways
Planning Board or City Engineer, had a right of appeal to the City
Council.
On motion of Councilman Graham, seconded by Councilman Brown, the
following ordinance was introduced: ORDINANCE NO. 603•(1974 Series),
an ordinance of the City of San Luis Obispo amending the Municipal
Code to require review by the City of all proposed construction and
grading activities within certain flooded and flood prone areas and
within twenty feet (20') of the top of the banks of certain waterways
prior to the issuance of building and grading permits therefor; and
providing a procedure for said review.
Passed to print on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris,
and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Mayor Schwartz, seconded.by Councilman Graham, the follow-
ing resolution adopting the policy and standards was introduced:
RESOLUTION 2543 (1974 Series), a resolution of the Council of the City
of San Luis Obispo adopting policies and standards for flood plain
management.
Passed on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris,
and Mayor Schwartz
NOES: None
ABSENT: None
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City Council Minutes
January 7, 1974
Page 3
4. Commun ccat i on from Richard N. RacouiIIat, Attorney for M.J.
Smith, requesting that the City Council state whether the provisions
of City Ordinance Nos. 568 and 586 would be continued after November
1, 1974. (Continued from the meeting of 12/17/73 referred to the
City staff for study, ana.i;ysis and recommendation to the City Council).
R. A. Paul, Water Department Director, stated that under present
plans and in view of contracts let out by the City it was envisioned
that the moratorium would be lifted by November 1, 1974, although the
Edna Saddle Tank might not be operational until March, 1975 due to
possible steel shortages.
R. A. Paul continued that with the completion of the cross town feeder
prior to November, 1974, portions of the area under moratorium could
then be lifted, although until the cross town feeder was in operation
and tested, he did not feel the M.J. Smith property would benefit
from its operation. An adequate water supply would be provided to
the area of the M.J. Smith property upon completion of the Edna Saddle
Reservoir and pipeline, no later than March, 1975, the scheduled date
for completion of the reservoir.
R. A. Paul, concluded that the presently scheduled date of the expiration
of the moratorium ordinances, November 1, 1974, would be followed by
a period of historically low City water use until the scheduled
operational completion of the Edna Saddle Reservoir in March, 1975.
Therefore, it appeared possible that the moratorium restrictions could
be lifted entirely in November, 1974 without jeopardizing water service
to existing City users.
A. J. Shaw, City Attorney, stated that after a review of R.A. Paul's
comments that the moratorium imposed by Ordinance Nos. 568 and 586 could
be lifted in November, 1974 and that barring unforseen difficulties,
the moratorium would no longer be required after March, 1975. As it
appeared that the City would not terminate the moratorium before
November, 1974, he felt that the City Council could make the first find-
ings requested by M.J. Smith, namely:
"]. It is the present intention of the City Council of the
City of San Luis Obispo not to remove the restrictions em-
bodied in Ordinance Nos. 568 and 586 prior to November 1,
1974."
A. J. Shaw continued that since it appeared that the City Council could
with some substantial degree of accuracy state that the moratorium
would be lifted on or before March, 1975, he did not feel that the
Council could make the second finding requested by Mr. Smith, namely:
"2. The Citv Council certifies that it cannot with any degree
of accuracy state when the building moratorium affecting Mr.
Smith's property will be lifted."
The City Council discussed with A.J. Shaw the implications of his
recommendation and the analysis by R. A. Paul.
On motion of Mavor Schwartz, seconded by Councilman Graham that, based
' on the testimony presented, the Council made the following findings:
"1. It is the present intention of the City Council of the
City of San Luis Obispo not to remove the restrictions embodied
in Ordinance Nos. 568 and 586 prior to November, 1974."
"2. The City Council certifies that it can state with a sub-
stantial degree of accuracy that the restrictions of Ordinance
Nos. 563 and 586 will be lifted before March, 1975."
City Council Minutes
January 7, 1974
Page 4
Motion carried on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES: None
ABSENT: None
5. Memorandum from T. Keith Gurnee regarding the City audit for
the fiscal vear 1973 -74.
Councilman Gurnee stated his reason for evaluating the action by the
Council of whether to continue with a general audit agreement or
whether an evaluation should be made by an Administrative or Operations
Svstem Analyst to see that conversions and operations of the finance
department were modern and up to date and that the budget process
was also considered in the new accounting system. He stated that if
the City Council 1) wished nothing more than an audit, an independent
accounting of the dollars coming in and the dollars going out, then
he recommended that the City enter into the Audit Agreement with Mr.
Wille -ford for the following year; 2) if the Council desired to have an
objective and expert evaluation of the conversion to a totally new
system of accounting and to procure technical assistance to assure a
smooth transition towards data processing methods, then he felt that
the Council should seek out and solicit proposals from qualified
consulting firms with recognized technical and analytical expertise
in the field of innovative accounting systems and data processing. He
felt that an audit could be performed by the consultants at the time
the evaluation was made of the conversion. Subsequent annual audits
could be performed by an independent auditor as per the present situation.
He felt that the right way to go would be with the second option, the
operations system analysis, so that the Council could be certain that
the accounting system would keep pace with the government's needs in
the coming decades. However, this alternative would be more expensive
and while he considered this to be the best alternative, he stated that
meeting with the City staff, they felt that the conversion to data
processing would be able to be handled by existing personnel without
the massive consultant assistance. He therefore recommended that the
City Council enter a contract for the independent auditor and request
that the finance department proceed as rapidly as possible with a
report as to the development of the new accounting system and that the
finance department be willing to come forward and ask the Council if
they needed expert help as time went on in the conversion.
J. H. Fitzpatrick, City Clerk, stated that he felt that he and his
staff were moving along with the conversion to the accounting system
and to the installation of the data processing procedures and felt
that while they were a little delayed in getting their reports to the
Council, the system was moving along in good time. Although, he stated
that if the finance department did run into any problems, he would be
most willing to come to the City Council and ask for either technical
or finances to retain expert help in the completion of the system. He
concluded stating that he hoped before the end of the month that prelim-
inary reports could be submitted to the City Council as to the conver-
sion, chart of accounts, etc. '
On motion of Mavor Schwartz, seconded by Councilman Norris that the
City Council retain M. E. Will6ford to act as independent auditor
for the City Council for the fiscal year 1973 -74. Motion carried.
7. Mavor Schwartz announced that before going into the hearing on
Item 6, that Item 7, the Public Hearing on the Recommendation of the
Planning Commission to amend the zoning ordinance to allow offices of
a heavy commercial or industrial nature in the C -H and M zones subject
to use permit, would not be heard by the City Council this evening, due
to some technical difficulty brought to the Council's attention by the
City Council Minutes
January 7, 1974
Page 5
City staff. The matter was being re- referred to the Planning Commission
for review of the recommended procedures. He asked if anyone in the
audience was there specifically to discuss this matter. No one appeared
before the City Council, the matter was then referred back to the Plan -
ning Commission for review.
6. At this time, the City Council held a public hearing on the
recommendation of the Planning Commission that the City Council of the
City of San Luis Obispo adopt the Open Space Element and the Conserva-
tion Element as part of the City's General Plan.
Pat Gerety, Associate Planner, stated that the Planning Commission
considered the Open Space and Conservation Elements of the General Plan
at a public hearing on December 18, 1973, with the changes noted to
the City Council. The Commission spent a number of study sessions
developing and reviewing these elements and felt that they were com-
prehensive in their scope. Further, these elements were mandated by
State law and the Planning Commission felt they met State requirements
in all respects. The conservation element was prepared jointly with
the County with cooperating funds from the City, while the open space
element was prepared by the Planning staff. It was the desire of the
Planning Commission to initiate implementation of the elements as soon
as they had been adopted by the City Council.
Pat Gerety, Associate Planner City Planning Department, reviewed for
the City Council and briefed the open space plan for the City of San
Luis Obispo, as recommended by the Planning Commission. He reviewed
for the City Council, the objectives of the Open Space Plan, the
functions of the Open Space Plan, and the components of the Open
Space Plan. He reviewed the'Open Space inventory, the Open Space Plan
goals, and recommendations for implementation of the proposed plan.
After a lengthy review of the Open Space Plan by Mr. Gerety, he sub-
mitted a letter from Mr. John A. Rapp, who wrote in support of the
City's adoption of the Open Space Plan as presented by the City Plan-
ning Commission. He also submitted a letter from Mrs. Glennadean
Dovey, President League of Women Voters, with a qualified endorse-
ment of the Open Space Plan. He also presented a letter from UNCOLA,
which endorsed the Open Space Plan as presented by the City Planning
Commission.
The City Council then reviewed with Mr. Gerety various parts of the
Open Space Plan as presented making suggestions primarily as to word-
ing changes, some priority changes in the goals of the plan, etc.
8:50 P.M., Mayor Schwartz declared a recess.
9:10 P.M., the meeting reconvened with all Councilmen present.
Mavor Schwartz declared the public hearing open on the Open Space Plan.
Doug Donaldson, Planning Commission Member, spoke in support of the
Planning Commission recommendation on the Open Space Plan and urged
adoption by the City Council.
Fred Louis B. Strong, consultant for the Citizens for Environmental
Balance and Economic Stability, submitted a written report to the City
Council, which he read, regarding suggestions and /or objections to the
Open Space Plan as recommended by the Planning Commission. He also
submitted with his letter, a copy of pages of the Open Space Plan and
the Conservation Element with suggestions as to wording changes recommended
by the CEBES. Mr. Strong asked the City Council, particularly to
insert in the Conservation Element on page 1.5 as new number 8 and in
the Open Space Plan as a final paragraph of page 1.
City Council Minutes
January 7, 1974
Page 6
"The City Council hereby finds and declares that this
General Plan Element'is not intended and shall not be
construed as authorizing or approving any action which
will take or damage private property for public use
without the payment of just compensation therefore.
This General Plan Element is not intended to increase
or decrease the rights of any owner of property under
the Constitution of the State of California or of the
United States."
Henry Rible 1215 Mariners Cove San Luis Obispo, felt that the
area around the City which had not now developed, should be zoned as
agriculture, in order to provide for a green belt around the City,
which would make for a better living environment for the poeple
in the City. He felt that this should be done particularly around
the Laguna Lake area. He also urged keeping the hills and creeks i *n
as natural a state as possible.
R. Racouillat. Attorney, spoke in opposition to the Open Space Plan,
which showed the Dalidio property as prime agricultural land. He
felt that this land was marginal due to hard pan and poor drainage
and he felt it should be allowed to develop to urban uses.
Mrs. Glennadean Dovey, President of the League of Women Voters,
appeared before the City Council stating that the League supported
both elements of the General Plan as submitted by the Planning Com-
mission and hoped that the City Council would adopt both plans in
essentially their present form. The only objection or comment the
League would make was in the matter of earmarking tax revenues.
They felt that if any of the financing methods discussed in the Open
Space Element, page 42, involving designated taxes were considered,
they would at the appropriate time, oppose such earmarking. Finally,
they believed that there was a pressing need to implement both elements
of the General. Plan now, as they were anxious to see that the Planning
Commission pursue all realistic measures to protect and preserve the
scenic and open space lands. Therefore, the League of Women Voters
encouraged the City Council to undertake implementation programs
immediately.
Donald Smith spoke in support of adoption of the Open Space and
Conservation Elements of the San Luis Obispo General Plan. He too
urged that the City initiate a green belt along the perimeters of
the City, in order to control the quality of life within the City.
Robert E. Barrows, Meinecke St., in support of the Planning Commission
recommendation for adoption of both the Open Space and Conservation
Elements of the General Plan.
Charles French, Atttorney, asked for clarifications of several definitions
within the Open Space Plan, and further, what the property owner could
do under those definitions.
Roy McChesney, representing the County Farm Bureau, urged support of
continuing agricultural use of Open Space land to its highest and best
use.
Mavor SChwwartZ declared the public hearing closed on the Open Space
Element of the City's General Plan.
Councilman Gurnee stated that he was in support of the recommended
Open Space Element of the General Plan with some minor changes in
wording for clarifications.
Councilman Norris felt that the City should take the written and oral
contributions presented by the City Council and to set a study session
at a later date to include these suggestions in the Plan.
City Council Minutes
January 7, 1974
Page 7
Councilman Brown felt that the City Council had received very valuable
input from the public this evening and that the City should continue
consideration of this plan before adoption in order to allow consider-
ation of the written and oral presentations.
A. J. Shaw, Jr., City Attorney, commented on the State law for adoption
of elements of the General Plan, that if the City Council made any
changes, it must be sent back to the Planning Commission to either
concur or not approve the changes, after which the City Council could
then proceed.
Councilman Gurnee agreed that the matter of the Open Space Element
should be continued to a study session for consideration of some minor
amendments to the Planning Commission's recommendation.
Mayor Schwartz suggested that the Council continue consideration of
the Open Space Plan to January 28, 1974, to thrash out any changes and
amendments for Planning Commission consideration. He continued that
as.far as he was concerned, except for some minor wording changes,
he agreed basically with the concept of the Open Space Plan as presented
and recommended by the Planning Commission.
Council continued the matter to an adjourned meeting of January 28, 1974,
7:30 P.M.
6B. At this time, the City Council considered the recommendation of
the Planning Commission to adopt the Conservation Element of the City's
General Plan as recommended by the City Planning Commission. This
report was prepared jointly by the City and County Planning Departments
with help and paid for by both agencies.'
Fred Loui.s B. Strong, Consultant, Citizens for Environmental Balance
and Economic Stability, again asked the City Council to consider
their previous contributions dealing with the Conservation Element and
also the letter from the League of Women Voters urging adoption of the
Conservation Element of the General Plan.
Mayor Schwartz stated that he had read the Conservation Element as
recommended by the Planning Commission very throughly and that he felt
that the report was adequate, comprehensive and he could find no
reasons for amendment and no place for correction. He would be willing
to proceed with adoption at this time.
Councilman Gurnee also stated that he had no objection to the adoption
of the Plan as presented.
Councilman Norris stated that he had no objection to the adoption
of the Plan except that on page 44, recommendation No. 2, dealing with
the urban development on prime agricultural land, he felt this section
could be reworded for better understanding. On page 56, paragraph D,
he felt this paragraph dealing with the creek systems, should be amended
to recognize that the creeks in San Luis Obispo are a part of the drain-
age system of the community.
Councilman Brown stated that he too supported the Conservation Element,
felt that it was well done and that he would be willing to adopt it at
this time.
Councilman Graham felt that he had no objection or questions dealing with
the Conservation Element.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, the following
resolution was introduced: RESOLUTION NO. 2552, a resolution of the
Council of the City of San Luis Obispo adopting a conservation element
for the City's General Plan.
City Council Minutes
January 7, 1974
Page 8
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
NOES: None
ABSENT: None
8. Communication from Charles Long, representing the petitioners
against the application of Davis King Development Co..for a restaurant
to be developed at 271 Woodbridge, to be called Woodbridge Feed,-and
Sound Co. Charles Long felt that the City Council was not following
the General Plan for this area, as the area on the General Plan called
for medium to high density residential and that this large restaurant
establishment would be in direct conflict with the proposed plan. He
further stated that the City Council was under the impression that
Katy Street would be surfaced and used as an alternate route, but
that there was no concrete evidence or commitment by the developers
or an agreement that this would be placed. He felt that there were
too many questions as to traffic control, to noise, etc. and he felt
that the City Council had acted illegally in allowing this development.
A. J. Shaw, Jr., City Attorney, reviewed the history of the restaurant
proposed for 271 Woodbridge St., as previously presented to the City
Council.
G. Shipsev, Attorney for Charles Long, protesting the location 6f the
restaurant on Woodbridge St., stated that he felt that the City was
allowing a development in a zone that was not in conformance with the
City's adopted General Plan, which he felt was in violation of State
law, Section 65860 of the Government Code. But, in addition to that,
he felt that the noise and traffic generated by this beer hall, would
be intolerable to the adjacent residences and businesses. He con-
tinued that the restaurant was not located on a paved street, in fact
on any adopted street or road, and that if it was allowed to develop,
the City taxpayers someday would have to pay to improve the street due
to the large usage and the complaints by the people using this access.
He then again reviewed Section 65860 that mandated the zoning in the
City must conform to the adopted General Plan and that the City could
not arbitrarily allow uses incompatible with said plan.
A. J. Shaw, Jr., City Attorney, stated that Section 65860 of the
Government Code as read by Attorney Shipsey was correct, except that
interpretations of State law made for different applications in practice.
He suggested that the matter be referred to the Planning Commission for
reconsideration in light of the State law.
Richard Racouillat, Attorney representing Woodbridge Feed and Sound
Organization stated that no building permit had been applied for at
this time and that the building was redesigned in order to control sound
further than had been planned in the original building. The reason for
the additional sound control was to avoid annoying neighbors anywhere
in the vicinity. Further, he stated that the developer was planning to
improve Katy St. for access to the restaurant. He asked the City
Council to continue this matter until the developer had had an opportun-
ity to review the State law with his attorneys.
A. J. Shaw, Jr., City Attorney, suggested that the staff be asked to
look into these matters, that both attorneys be given an opportunity
to submit briefs and that the City Council hold up the building permit
for two weeks.
On motion of Councilman Gurnee, seconded by Councilman Graham that the
Woodbridge Feed and Sound Co. building permit be withheld, that the
staff submit a report to the City Council in two weeks, and that the
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City Council Minutes
January 7, 1974
Page 9
attorneys .f.or all parties be asked to submit briefs to the City
Attorney, prior to the next meeting. Motion carried.
9. Communication from Richard A. Carsel, Attorney, represent-
ing the San Luis Obispo Police Officer's Association, regarding
safety equipment for Police Officers. He stated that in accordance
with State law, it required an employer to 'indemnify an employee for
expenses incurred in the discharge of the employee duties or made at
the discretion of h-is employer. He was asking that the City Council
reimburse for out -of- pocket safety equipment expenditures previously
made by the Officers and that the City Council furnish required
safety equipment by the City. He continued that he felt this was the
responsibility of the City and that a recent case by the Oakland
Police Officers Association required the City of San Luis Obispo to
reimburse all Police Officers for all safety equipment purchases in-
curred since 1937. Another objection was he felt that many items
listed as safety equipment required by the Police Officers Association
and a number of items considered by the Police Officers Association
as safety equipment were not even shown on the list prepared by the
City.
A. J. Shaw, Jr., City Attorney, reported that the California Labor
Code Section 2802 referred to by Attorney Carsel, which required the
City to provide cash reimbursement to officers for safety equipment
previously purchased by them, did require reimbursement as stated by
Mr. Carsel. He stated that the literal interpretation of the word
indemnify as used in the Section would appear to indicate that the
Section was inapplicable, but he would be willing to review additional
citations of law if it could be presented by Mr. Carsel.
Communication from E. L. Rodgers, Chief of Police, dated November 19,
1973, listing what the Police Department staff felt were legitimate
items of safety equipment and the approximate cost indicated. He
felt that if any equipment were purchased by the City, it would be
City property and would be turned in by the Officer if he left the
Department or retired. Also, during the period of service, all issued
equipment would be kept in good condition considering normal-wear and
tear. The Police Chief recommended that Police Officers could elect
to continue the use of their own equipment heretofore purchased by
them if it comformed to departmental standard, it being understood
that they would receive no reimbursement for such equipment kept by -
themselves. Of course, new Officers would not have the privilege
of switching; they would have to use City issued equipment.
Richard A. Carse:l then appeared before the City Council again reviewed
var,i:ous Sections of the California Civil Code defining the words,
such as indemnity and suretyship. He also felt that the interpre-
tations he was submitting made it abundantly clear that it was the
duty to indemnify the payment of the original obligation as a condition
precedent to an indemrnificatibn. He also referred.the City Council
to several legal interpretations on indemnification which required
reimbursement if there was a duty owed which would be discharged by the
performance of the promisor, etc. He felt that the City had acknowledged
its obligation to provide safety equipment to its Police Officers and
since this was an obligation of the City under the-Labor Code Section
which required the employer to indemnify the employee for expenditures
incurred in direct consequence of the discharge of his duties. He felt
the duty of the City was to provide the equipment, coupled with expen-
ditures for the purchase of said equipment by the Police Officers, which
he felt required repayment to Police Officers for all monies expended
by them in satisfaction of the obligation of the City. He also felt that
the list of equipment prepared by the Police Chief was far from complete,
as far as the Police Officers Association were concerned. Many of the
items listed by the Police Chief as safety items were not so considered
by the Police Officers and items not shown,, were considered by Police
Officers as safety equipment. He asked that the City Council appoint
some representatives to meet with the Police Officers Association
City Council Minutes
January 7, 1974
Page 10
representatives, at least to review the safety equipment list, so
that at least both parties would be talking about the same type of
equipment.
A. J. Shaw, Jr., City Attorney, stated' that he felt all Officers, new
and existing, could accept the City's offer to supply all of them with
necessary safety equipment as listed. If any reimbursement were made,
it should only go back to purchases made within the last three years,
as he felt the statute of limitations took effect. The equipment
would only become reimbursable if a verified claim were submitted by
each officer on his equipment. Once the City paid for the equipment,
then it would become the property of the City.
Councilman Brown felt that each officer, under these statutes as he
understood them, could require a new set of safety equipment at City
expense now, and either keep their personally purchased equipment, or
sell them to someone else and keep the money.
Councilman Graham suggested that the Police Officers Association accept
the amount in the list as submitted by the Police Chief and not the
$300 plus requested by Mr. Carsell.
Councilman Gurnee asked for clarification of Carsell's request:
1) Is Carsell asking for staff negotiation on the equipment
list, and
2) Is Carsell asking for staff negotiation on the legal
interpretation of statute of limitations?
Carsel agreed that these were the two points that he would wish to
discuss before proceeding. Therefore, Councilman Gurnee felt the staff
should look into the equipment list, for at least a meeting of the minds
by the City and the Police Officers Association before it was brought
back to the City Council. He also felt negotiations on reimbursement
should be pursued to the satisfaction of both the City and the Police
Officers' Association.
A. J. Shaw, City Attorney, commented on methods of arriving at the
purchase price, so the City could buy used safety equipment submitted
on a claim by each individual Police Officer.
Mayor Schwartz felt that as he understood the City proposal was to
issue all Officers safety equipment which would be the property of the
City. If there was any reimbursement to an Officer for use of his
safety equipment, then that equipment would become property of the City.
Councilman Norris suggested that the Council restate their policy that
the City would issue safety equipment to all officers at City expense,
and that he was not in favor of reimbursement for existing equipment.
A. J. Shaw, City Attornev, felt that the three year statute of limi-
tations would apply to all claims for reimbursement.
Councilman Brown felt that the City should purchase all existing safety
equipment which would be owned by the City at their existing value.
Mayor Schwartz felt the Council should get a list from all Officers of
equipment he wished to sell the City regardless of the length of
service.
On motion of Mayor Schwartz, seconded by Councilman Gurnee that
1) City Council indicate to the Police Officers Association
the willingness for them to meet with City staff to study the
list of safety equipment presented by the Chief, with a view
to modification.
1
C]
City Council Minutes
January 7, 1974
Page 11
2) It was the City Council's intention to comply with the
law, and to supply all officers with safety equipment.
3) The City would purchase safety equipment required by
the City from present Officers upon submittal of verified
claim as to its value by each Police Officer:
4) The City personnel officer to compile a list of all Police
Officers with service of three years or over and an estimate
of the cost to the City for supplying the safety equipment or
reimbursement of the Police Officer's present equipment.
5) City Attorney to meet with Carsell to determine the
statute of limitations application.
6) The City Council recognizes the Police Officer has the
right to dispose of his equipment through private sale.
7) The City Council would not recognize any purchase of
safety equipment by an individual after January 7, 1974.
Motion carried on the following roll call vote:
AYES: Councilmen Brown., Graham, Gurnee and Norris,
and Mayor Schwartz
NOES: None
ABSENT: None
10. D. F..Romero, City Engineer, presented plans and specification
for Waterways Obstruction Abatements of Natural Obstructions - City
Plan No. 34 -74. He submitted a sketch showing the location of each
improvement and the type of improvements to be made and the nature of
the obstruction being corrected. He estimated the cost to be $4,050.
On motion of Councilman Gurnee, seconded by Councilman Brown, the plans
and specifications were approved and the City Engineer was authorized
to proceed with advertising.
C -1. Payment authorized for claims against the City of San Luis
Obispo, subject to approval by Administrative Officer.
C -2. The following contract payments were approved:
MADONNA CONST. CO.
PP,EFUMO CHANNEL CULVERT MODIFICATION
C.P. #15 -74 Est. #2 $ 4,266.00
Est. #3 Final $ 1,397.00
WALTER BROS. CONST. CO.
PREFUMO CHANNEL MODIFICATIONS
C.P. #7 -74 Est. #3 $ 7,485.75
CONCO GENERA
N. BROAD ST.
C.P. #11 -74
WALTER BROS.
MADONNA ROAD
C.P. #23 -73
L ENGRG.
DRAINAGE IMPROVEMENT
Est. #2 $ 3,364.20
Est. #3 Final $ 838.54
CONST. CO.
CULVERT ENLARGEMENT
Est. #5 $ 6,310.26
WALTER BROS. CONST. CO.
PREFUMO CHANNEL VEGETATION REMOVAL
C.P. #9 -74 Est. #1 $ 5,798.70
Est. #2 Final $ 644.30
City Council Minutes
January 7, 1974
Page 12
R. BURKE CORP.
TASSAJARA ST. CULVERT RECONSTRUCTION
C.P. #1 -74 Est. #3 $ 727.20
Est. #4 Final $ 1,004.50
C.C.O. #1 + $ 694.00
CONTRACT PAYMENTS
MID -STATE CONST. CO. Est. #3 $19,449.59
ADDITION TO SENIOR CITIZENS
CENTER
CHAS. A. PRATT
HIGUERA -LOS OSOS EXTENSION, SEWER,
WATER, DRAINAGE IMPROVEMENTS
C.P. #27 -93 Tract 467
Est. #5 $18,812.04
(Developers Share $ 6,512.49
City Share (CO #1) 3,123.87
City Share (261(4)) 9,175.68
$18,812,04
C -3. Administrative Officer was authorized to advertise for bids
to replace four pieces of equipment as follows:
Item 1 To be purchased: One (1) 1974 Station Wagon or Van for Fire
Dept.
To be traded in: One (1) 1967 Plymouth Station Wagon, City
equipment No. 167, serial number RH451`7119853,
to be traded in "as is ", except that the City
will retain radio, Dietz warning light,
spotlight (right side), siren- public address
unit, battery charger and instant power gen-
erating unit.
Item 2 To be purchased: One (1) 1974 Economy pickup for Planning &
Building Dept.
To be traded in: One (1) 1963 Falcon Ranchero pickup, city
equipment No. 663, serial number 38275 138 287,
to be traded in "as is ", except that the City
will remove radio equipment.
Item 3 To be purchased: One (1) Wheel type front end loader for street
dept.
To be traded in: One (1) 1963 International front end loader,
city equipment No. 163, serial number 1054W,
to be traded in "as is ".
Item 4 To be purchased: One (1) Four Wheel Drive front end 'loader
To be traded in: One (1) 1962 Caterpillar loader, city equip-
ment No. 362, serial number 59A1705, to be
traded in "as is ".
C -4. Recommended approval for William E. Flory, Director of Parks
& Recreation to ask for bids on a rotary mower for the City Park Dept.
C -5 On motion of Mayor Schwartz, seconded by Councilman Gurnee the
following resolution was introduced: RESOLUTION NO. 2540, a resolution
increasing the 1973 -74 budget (Revolving Account No. 151).
City Council Minutes
January 7, 1974
Page 13
I
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES: None
ABSENT: None
C -6. On motion of Mavor Schwartz, seconded by Councilman Gurnee
the following resolution was introduced: RESOLUTION NO. 2541, a
resolution transferring funds. (TOPICS fund)
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES: None
ABSENT: None
C -7. On motion of Mayor Schwartz, seconded by Councilman Gurnee
the following resolution was introduced: RESOLUTION NO. 2542, a
resolution increasing the 1973 -74 budget (Transit System).
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES: None
ABSENT: None
C -3. Claim against the City by Leon J. Wimbley for removal and
replacement of sewer line due to improper compaction under sewer line
denied and referred to insurance carrier.
C -1 through 5, less 5, 6, 3 7, adopted on motion of Councilman Gurnee,
seconded by Councilman Graham.
AYES: Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES: None
ABSENT: None
C -9. Memorandum from R. A. Paul, Water Department Director, stating
that for the past quarter, no projects had been submitted for the special
projects priority list.
Councilman Norris -urged the City Council to 'proceed with three City
initiated contracts in-order to proceed with the Resolution 2431 in
order to attempt to alleviate as much of the Water Department deficien-
cies as possible.
R. D. Miller, Administrative Officer, objected to this proposal as he
felt that the Council policy was to only proceed with projects submitted
by developers and not projects initiated by the City. He felt that in
light of anticipated large expenditures in the next year for the Water
Department, that these programs should be considered during the annual
budget consideration.
City Council Minutes
January 7, 1974
Page 14
Councilman Gurnee spoke in opposition of doing these water projects,
as he felt the City Council should follow provisions of the established
ordinance.
Mayor Schwartz stated that while he agreed philosophically with Council-
man Norris' request to get at the water deficiencies within the City
as rapidly as possible, he felt that the City.Council should follow '
their existing policy and carry these suggested projects to the next
fiscal year.
On motion of Councilman Gurnee, seconded by Councilman Graham that the
memeorandum be received and filed. Motion carried.
C -10. On motion of Councilman Brown, seconded by Councilman Norris
that the City grant a Deed of Easement to the Housing Authority of the
City of San Luis Obispo for drainage from the Housing Authority's new
development on August St.
On motion of Councilman Brown, seconded by Councilman Norris, the
following resolution was introduced: RESOLUTION NO. 2553, a resolution
of the Council of the City of San Luis Obispo approving a deed of ease-
ment to the Housing Authority for storm drain and utility line purposes
and authorizing the Mayor to execute the same.
Passed and adopted on the following roll call vote:
AYES: Councilman Graham, Gurnee, Brown and Norris,
and Mayor Schwartz
NOES: None
ABSENT: None '
B -1. The City Clerk reported on bids received and opened Friday,
January 4, 1974 at 10:00 A.M. for a Transit System for the City of
San Luis Obispo.
SAN LUIS TRANSPORTATION, INC. $.70 cents per mile
D.B.A. Yellow Cab Co.
505 Higuera St.
San Luis Obispo, CA
MELNI BUS SERVICE $.95 cents per bus mile
P. 0. Box 838
Santa Barbara, CA 93102
CLELL W. WHELCHEL $1.05 per bus mile
P. 0. Box 1485
San Luis Obispo, CA '33406
METROPOLITAN TRANSIT SYSTEMS, INC. $1.10 per bus mile
P.O. Box 1030
Phoenix, Arizona 85001
The City.Clerk continued-that by prior- Council Action, the -bids were
forwarded to a subcommittee consisting-,of Councilman Brown -and,
Norris, Mass Transit Committee Members Jones and Rice, and staff
members Miller, Romero and Fitzpatrick to analyze and make a recom-
mendation to the City Council on which bid to accept.
B -2. The City Clerk then presented to the City Council a summary
of bids received for Chemical Products for the City Sewer and Water
Plants. Bids opened January 3, 1974 at 1:00 P.M. The City Clerk
reported that all but one bid were condition on the availability of
products and to the passing on to the City of any increase in the cost
of chemicals or freight.
City Council Minutes
January 7, 1974
Page 15
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January 7, 1974
Page 20
On motion of Councilman Graham, seconded by Councilman Brown that the
City Council accept the lowest bids based on product availability and
price. Motion carried.
B -3. The City Clerk reported that bids to supply Petroleum Products
for the 1974 calendar year to the City were to be opened on Thursday,
January 3, 1974, but that no bids had been received in the categories
of regular gasoline, premium gasoline or motor oil. The City Clerk
stated that he had been in contact with the Union Oil Company who has
supplying petroleum products to the City for 1973 and that they planned
on continuing to serve the City, except that the'price would be the
wholesale pump price less tax.
B -4. R. D. Miller, Administrative Officer, reported on a bid received
for the Juvenile Officer's car, which could now be purchased as the
County had allocated the Federal Grant for purchase of this vehicle.
He stated that Callahan Dodge had submitted the second low bid at $3,484.00
and agreed to stick by it, whereas Stanley Motors would not honor its
low bid in view of recent price increases.
The City Attorney had advised that the City could not pay Stanley Motors
an amount greater than its bid price; that Stanley Motors had, in effect,
withdrawn its bid.
On motion of Mayor Schwartz, seconded by Councilman Graham that the
bid of Callahan Dodge be accepted. Motion carried.
City Council adjourned to executi -ve session.
On motion of Councilman Graham, seconded by Councilman Gurnee, City
Council meeting adjourned at 11:50 P.M. to 7:30 P.M. Monday, January
14, 1974.
APPROVED: March 4, 1974
H. F TRICK, CITY CLERK
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