Minutes 1974Pledge
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
Mayor 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 Or Allan
Settle, to complete the
'
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 Drocedures 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
Mayor 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
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 180 days The
request of The San Luis Transportation 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 Manaoement 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
T
i
1
City Council Minutes
January 7, 1974
Page 3
4 Commun rcat 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, anahysis 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
"1 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 City Council certifies
of accuracy state when the built
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 Mayor 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 568 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 O
ABSENT None
5 Memorandum from T Kith Gurnee regarding the Citv audiT for
the fiscal year 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
System 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 14
they needed expert help as time went on in the conversion
J H FiTZOatrick, 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 wou Wbe
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 Mayor Schwartz, seconded by Councilman Norris that the
City Council retain M E Willeford to act as independent auditor
for the City Council for the fiscal year 1973 -74 Motion carried
7 Mayor 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 a 1ention 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-
o 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 Co_n_servat i on E le "menu of_ the- General P l an
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
Mayor 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 Stronq, 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 D
or decrease the rights or 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 in
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 Dovev, President of the Leaaue of Women Voters,
appeared before the City Council srating 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, O
they would at the appropriate time, oppose such earmarking Finally,
they believed that there was a pressing need to implement borh 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 perimerers 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 coula
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 Schwartz declared the public hearing closed on the Open Space O
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,
730 PM
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 Louis 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, erc 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
1
G Shipsev, Attorney for Charles Long, protesting the location of 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 O
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
City Council Minutes
January 7, 1974
Page 9
attorneys for 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 his 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 Carsel then appeared before the City Council again reviewed
varvous 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 indemnification 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 equ,opment, 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 Attorney, 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 ail Officers or
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
1
City Council Minutes
January 7, 1974
Page it
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
PREFUMO 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 GENERAL ENGRG
' N BROAD ST DRAINAGE IMPROVEMENT
C P #11 -74 Est #2 $ 3,364 20
Est #3 Final $ 838 54
WALTER BROS CONST CO
MADONNA ROAD CULVERT ENLARGEMENT
C P #23 -73 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 N1 -74 Est #3 $ 727 20
Est N4 Final $ 1,004 50
C C 0 N1 + $ 694 00
CONTRACT PAYMENTS '
MID -STATE CONST CO Est N3 $19,449 59
ADDITION TO SENIOR CITIZENS
CENTER
CHAS A PRATT
HIGUERA -LOS OSOS EXTENSION, SEWER,
WATER, DRAINAGE IMPROVEMENTS
C P A27 -93 Tract 467
Est k5 $18,812 04
(Developers Share $ 6,512 49
City Share (CO N1) 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 RH45F7119853,
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 8
Building Dept
To be traded in One (1) 1963 Falcon Ranchero pickup, city
equipment No 663, serial number 3R275 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 INo 362, serial number 59A1705, to be
traded in "as is"
C -4 Recommended approval for William E Flory, Director of Parks
8 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
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 ddopted 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 Mavor 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 -8 Claim against the City by Leon J Wimblev for removal and
replacement of sewer line due to improper compaction under sewer line
denied and referred to insurance carrier
C -1 through 8, less 5, 6, 8 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, staffing
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, Adminisrrative 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 Der mile
D B A Yellow Cab Co
505 Higuera St
San Luis Obispo, CA
MELNI_BUS SERVICE $ 95 cents Der bus mile
P 0 Box 838
Santa Barbara, CA 93102
CLELL W WHELCHEL $1 05 Der bus mile
P 0 Box 1485
San Luis Obispo, CA 93406
METROPOLITAN TRANSIT SYSTEMS, INC $1 10 Der bus mile
P 0 Box 1030
Phoenix, Arizona 85001
The-City Clerk continued -that by prior - Council Action, the.blds 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
19703 PRICE $74 25 /TON
_: M _,
Following bids received for furnishing GROUND
in accordance with specifications in the call
BIDDER QUANTITY
ALUMINUM SULPHATE to the City of San Luis Obispo
for bids Bids opened Thursday, January 3, )974 ai 1 00 P M
FREIGHT
RATE /TON PER TON TOTAL/TON TOTAL BID
REMARKS
}
ALLIED CHEMICAL CORPORATION
*F 0 B Nichols, CA
100 Pine Street 225T
$ 68 25*
$ 13 40 **
$ 81 65
$18,371
25
* *40M lb shipment
San Francisco, CA 94111
12 20* **
80 45
$18,101
25
* * *45M lb shipment
rn
COASTAL AG -CHEM
o
P 0 Box 775 225T
$187 14
- - - --
$187 14
$42,106
�O
(1)
L)
Paso Robles, CA 93446
T
4-
J N
C p
-
n�a
10 f0
McKESSON CHEMICAL
P 0 Box 2647 225T
$ 68 25
$15,356
25
(2)
Fresno, CA 93726
VAN WATERS 8 ROGERS
P 0 Box 2062 225T
$ 68 25
$ 13 40
$ 81 65
$18,371
25
(3)
Los Angeles, CA 90051
EXCEPTIONS TO CITY SPECIFICATIONS
(1) Subject to availability All product cost increases
will be passed on
dollar for
dollar,
(2) F 0 B San Francisco, freight prepaid and
added -to
invoice, excepted conditions of
City NO BID
GUARANTEE
1 Prices shall be maximum F 0 B destination
2 Prices are to be firm and apply for
the term
of contract
3 Prices subject io change at time
of shipment
4 Shipment subject to availability
at time of
shipment
5 Rejection of passing on reduction
to City if
price drops
(3) Minimum delivery 20 tons
Price and freight subject to adjustment
on 30 days
written notice
19703 PRICE $74 25 /TON
_: M _,
Following bids received for furnishing SODA ASH to the City of San Luis Obispo
in accordance with specifications in the call for bids Bids opened Thursday, January 3, 1974 at 1 00 P M
FREIGHT
BIDDER QUANTITY RATE /TON PER TON TOTAL/TON TOTAL BID
ALLIED CHEMICAL CORPORATION
100 Pine Street 135 T NO BID
San Francisco, CA 94111
LOS ANGELES CHEMICAL CO
4545 Ardine Street 135 T NO BID
South Gate, CA 90280
McKESSON CHEMICAL
P 0 Box 2647 135 T NO BID
Fresno, CA 93726
VAN WATERS & ROGERS
P 0 Box 2062 135 T $77 20
Los Angeles, CA 90051
$19 00 $96 20 $12,987 00
EXCEPTIONS TO CITY SPECIFICATIONS
CONDITIONS
Deliveries of 11 tons only (22,000 Ibs )
Price & freight subject to adjustment on thirty days written notice
1973 PRICE $58 98 /TON
It]
REMARKS
See below
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Following bids received for furnishing GLASSY PHOSPHATE (SODAPHOS) to the City of San Luis Obispo
in accordance with specifications in the Eall for bids Bids opened Thursday, January 3, 1974 at 1 00 P M
FREIGHT
BIDDER QUANTITY RATE /TON PER TON TOTAL/TON TOTAL BID REMARKS
ALLIED CHEMICAL CORPORATION
100 Pine Street
San Francisco, CA 94111 NO BID
COASTAL AG -CHEM
P 0 Box 775 20 T $531 40 - -- $531 40 $10,628 00 (1)
Paso Robles, CA 93446
McKESSON CHEMICAL
P 0. Box 2647 20 T $330 00 - -- $330 00 $ 6,600 00 (2)
Fresno, CA 93726
VAN WATERS 8 ROGERS
P 0. Box 2062 20 T $373 00 $24 60 $397 60 $ 7,952 00 (3)
Los Angeles, CA 90051
EXCEPTIONS TO CITY SPECIFICATIONS
(1) Subject to availability
Allocation is 1,000 Ibs per month
(2) No bidder's guarantee -- bid on Soda Hexameta Phosphate in 100 pound bags
Price subject to change at time of shipment Shipment subject to availability at time of order
Minimum shipment five tons
ExceptLons to Ci-ty bid conditions on price for duration of contract, on guarantee delivery and
Company will not reduce price if cost is reduced
(3) Five ton minimum delivery
Price and freight is subject to adjustment on a thirty day written notice
—I
Ml
1973 PRICE $2,171 00 /TON
Following bids received for furnishing SODIUM SILICO FLUORIDE to the City of San Luis Obispo
in accordance with specifications in the call for bids Bids opened Thursday, January 3, 1974 at 1 00 P M
FREIGHT
BIDDER QUANTITY RATE /TON PER TON TOTAL /TON TOTAL BID REMARKS
ALLIED CHEMICAL CORPORATION
100 Pine Streel NO BID
San Francisco, CA 94111
COASTAL AG -CHEM
P 0 Box 775 12 T $391 40 - -- $391 40 $4,696 80 (1)
Paso Robles, CA 93446
McKESSON CHEMICAL
P 0 Box 2647 12 T $270 00 - -- $270 00 $3,240 00 (2)
Fresno, CA 93726
VAN WATERS 8 ROGERS
P 0 Box 2062 12 T $243 00 $24 60 $267 60 $3,211 20 (3)
Los Angeles, CA 90051
EXCEPTIONS TO BID SPECIFICATIONS
(1) Product subject to availability
(2) No bid guarantee
Price subject to change at time of shipment
Minimum shipment five tons
(3) Five ton minimum shipment
Price 8 freight subject to adjustment on thirty days written notice
M, I= '=
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to D -+
(o c
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ko
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Following bids received for furnishing LIQUID CHLORINE to the City of San Luis Obispo
in accordance with specifications in the call for bids Bids opened Thursday, January 3, 1974 at 1 00 P M
Q
BIDDER
QUANTITY
RATE /TON
FREIGHT
PER TON TOTAL /TON TOTAL BID REMARKS
C
C
ALLIED CHEMICAL CORPORATION
—
°
100 Pine Street
100
T
NO BID
u
San Francisco, CA 94111
c
r
O
U
Trn
L -
T
m
COASTAL AG -CHEM
P 0 Box 775
100
T
$167 90
- -- $167 90 $16,790 00 (1)
Paso Robles, CA 93446
GEORGIA PACIFIC
2425 Malt Avenue
100
T
$169 00
- -- $169 00 $16,900 00 (2)
Commerce,CA 90040
LOS ANGELES CHEMICAL CO
4545 Ardine Street
100
T
NO BID
South Gate, CA 90280
McKESSON CHEMICAL CO.
P 0 Box 2647
100
T
NO BID
EXCEPTIONS TO CITY SPECIFICATIONS
Fresno, CA 93726
(1) Price subject to change upon quarterly revisions
with 15 days notice prior to increase (Free
VAN WATERS & ROGERS
use of cylinders 90 days wil•h $30 00 per month
P 0 Box 2062
100
T
NO BID
or fraction thereof thereafter )
Los Angeles, CA 90051
(2) Price subject to change on quarterly basis by
giving the buyer notice in writing at least 15
days prior to stars of the quarter that the price
1973 PRICE $144 90 /TON
is advanced (Free use of cylinders for 90 days
with $30 00 per month or fraction thereof there-
after )
Imo' IM
City Council Minutes
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 Mavor Schwartz, seconded by Councilman Graham that the
bid of Callahan Dodge be accepted Motion carried
City Council adjourned to executive 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
1
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, January 14, 1974 - 7 30 P M.
City Hall
Pledge
Roll Call _
- PRESENT Councilmen Graham,,Nor,ris Gurnee and Mayor
,,SchwaFtz
ABSENT Councilman Brown
CITY STAFF _
t,
PRESENT J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, R A Paul, Water
Department Director, D Romero, City Engineer,
A _J Shaw, Jr , City Attorney
---- -- - - - - -- 7 --------------------------------------------------------
I The City Council held a discussion on potential sources of
supplemental water for the City of San Luis Obispo
Michael F Donnelly, representing Dames 8 Moore, Consulting Geologist
to Penfield 8 Smith, Water Consultant, reviewed for the City Council
their recently completed geologic and hydrologic studies in their
reports
1) "Ground Water ", Chapter 4 of the Los Osos Valley
- and Higuera area water system improvements, and
2) "Additional Ground Water Studies Los Osos
Valley and Lower Higuera area water system
improvements" Letter report prepared by Dames
and Moore, August 20, 1973
The City Council discussed with Mike Donnelly after his presentation,
the implications of a water and well investigation program by the City
of San Luis,Obispo
R A Paul, Director of Water Services, stated that available information
did not indicate the existence of long term additional yields of water
He felt that the cost of attempting to acquire the necessary information
by drilling a well, did not seem Justified at this time He there-
fore recommended that the City Council defer consideration of develop-
ing ground water until its evaluation of participation in the County
Master Water Plan had been completed i
Upon question, Michael Donnelly stated that he estimated the cost of
a 400 foot test well to be approximately $30,000 R A Paul noted
that the improvements necessary to connect the well proposed by
Michael Donnelly to the City system along Higuera Street at Los
Osos Valley Road might cost $100,000 to $200,000
' James Emmanuel, Engineer, representing John Carollo, Consulting
Engineers, reviewed for the City Council, the present state of the
art of reclamation of waste water from sanitary sewer systems for
reclamation as drinking water. He reviewed the present waste water
reclamation studies and plan being prepared by his firm for the City
of Morro Bay and the Cayucos waste water treatment plant He sug-
gested that the City of San Luis Obispo review the application of
waste water reclamation as a supplemental water supply for the City
He stated that not having any data on San Luis Obispo's waste water
treatment facility, he could only present his experience as it
City Council Minutes
January 14, 1974 -
Page 2 •1
related to the Morro Bay City project He estimated that the cost
to the City for waste water at Morro Bay would be between $120 to
$130 per acre
R. A Paul, WaTer Department Director, submitted and reviewed for the
City Council City Water Department Report No 1 -74, dated January
10,- 1974,- dontaining'-thb City's projbcted supplemental water needs
through the year 2000 and a review of the County's Nacimiento project
and the coastal branch of the State Water Plan He reviewed the
present City's developed water supplies =and anticipated future needs
for water as the City grew from this date through the year 2000 He
continued that by reviewing sources of supplemental supplies
available to the City
I-) Nacimiento'Reservoir, and
�2) Coastal Branch Aqueduct of the State Water Plan
that the City could make an educated guess as to its best approach
economically for future water needs He also reviewed for the City
Council -, the cost to the City in implementing of eiTher' plan and
also the advantages and disadvantages to each proposal I He then
presented detailed cost projection which were prepared by City staff
and reviewed by tFie•County Engineer's Office, of fhe two alternates
when updated cohstrdction costs are extended for The period'of con-
struction to operation
The City Council discussed with the Water Director the implications
of the cost' - figures in his report- R A Paul, indicated that the
County would request that The City Council express its position on ,
City participation in the Nacimiento project during the next 2 to 4
weeks ' •a_ - _ •T
2. At the request of the City Engineer; the report of the City
Clerk on bids received fro creek bank repairs, City Plan No 23 -74,
bids open January 14, 1974, were continued to the regular meeting of
January' 21 , 1974."
3 Mayor Schwartz brought to the Council's-attention, the matter
of former Councilman Emmons Blake, continuing his work on the sister
city 'program with The City of San Blas NayariV, Mexico It was-the
unanimous opinoon of the City Councilmen present that Emmons Blake
'cohtinue as the City's-representative to the 15Ister`City of San Bias
On'motion of Councilman Graham, seconded by Councilman Gurnee; the
meeting adjourned -at 5 00 P M , Wednesday, January 16, 1974. Motion
carried. �, . I '
APPROVED February'l9, =1974
J' Fitzpatrick, City Clerk
. 1
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Wednesday, January 16, 1974 - 5 00 P M
City Hall
Pledge
Roll Call
PRESENT
ABSENT
Citv Staff
Councilmen Brown, Graham, Gurnee, and Norris
and Mayor Schwartz
None
PRESENT J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, City Attorney,
and Dave Williamson, Assistant Administrative
Officer
1 The City Council adjourned to executive session
2 On motion of Councilman Graham, seconded by Councilman Brown,
the meeting adjourned at 6 40 P M
APPROVED May 20, 1974 j li
H ATRICK, CITY CLERK
1
1
1
1
1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, January 21, 1974 - 7 00 P.M
City Hall
Pledge
Roll Call
PRESENT
ABSENT
City Staff
Councilmen John Brown, Myron Graham, T Keith
Gurnee,and Jesse Norris, and Mayor Kenneth Schwartz
None
PRESENT J H Fitzpatrick, City Clerk, R D Miller,
v Administrative Officer, A J Shaw, Jr , City
Attorney, David Williamson, Assistant Administra ,
tive Officer, Jim Stockton, Park 8 Recreation
Department, R A Paul, Water Department Director,
E L Rodgers, Police Chief, D F Romero, City
Engineer, L Schlobohm, Fire Chief, Pat Gerety,
Associate Planner
1 The City Council
603 An ordinance of the
Code to require review by
grading activities within
20 feet of the top of the
of building and grading p
said review
considered the final passage of ORDINANCE NO
City of San Luis Obispo amending the Municipal
the City of all proposed construction and
certain flooded and flood -prone areas and within
banks of certain waterways prior to the issuance
armits therefor, and providing a procedure for
Mayor Schwartz declared the public hearing open
Charles Maino appeared before the City Council questioning the timing of
the ordinance and the effect it would have on existing property--
Councilman Norris asked that the record show that this ordinance did not
stop development but Just required a permit from the City for development
in the areas covered
Councilman Brown stated that he felt that this was a continuing study of
flood hazards and would in time be released from City control as improve-
ments were made
Mayor Schwartz declared the public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Graham the ordinance
was introduced for final passage
Passed on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES None
ABSENT None
2 W A Sullivan requested permission to discuss with the City
Council the possibility of a parking permit in the City parking lot
behind Muzio's Groceries and Montgomery Ward's store W A Sullivan
did not appear to speak on his behalf
City Council Minutes
January 21, 1974
Page 2
R D Miller, Administrative Officer, suggested that this matter be
continued and discussed with Traffic Committee Report No 1 at the end
of the agenda He also recommended for the Traffic Committee that the
City Council not grant this permit request so that There could be a
turnover in the downtown lots
3 The City Council continued their discussion of consideration
of safety equipment for police officers
A J Shaw, City Attorney, reviewed for the CITY Council the memorandum
from the Administrative Officer, R D Miller, dated January 18, 1974
regarding the meeting of A J Shaw, R D Miller, and E L Rodgers
with representatives of the Police Officers' Association and their
attorney
In the discussion it was agreed that the City would purchase the listed
safety equipment for all new personnel from this time on, and that
personnel would be required to use standard issue equipment The City
would also offer to purchase used equipment from existing safety per-
sonnel subject to the top dollar limit set forth in the Police Chief's
memo and also based on the condition of the items The City also
offered to buy new standard equipment for present safety personnel and
they could do what they wished with equipment presently owned by them
The City staff committee was unable to agree on the demand of the Police
Officer's Association that the City provide cash reimbursement for
equipment previously purchased by the officer, with The officers -to
retain ownership of the equipment
The Administrative Officer then recommended that The City accept the
recommendation of the Police Chief including The offer to provide safery
equipment of a standard classification to any safety personnel presently
on the force
E L Rodgers, Police Chief, presented a memorandum dated January 18,
1974 in which he and the Police Officer representatives had approved
the following list of safety equipment and approximate costs
1
K -38 Smith 8 Wesson Model 15 revolver (combat
Master Piece, 4 -inch barrel)
$85
00
2
Holster (Hoyt Breakfront high rise)
20
95
3
Sam Brown belt (basket weave)
14
75
4
Handcuff case
6
90
5
Smith 8 Wesson handcuffs
18
25
6
Ammo pouch
6
95
7
Baton ring holder
1
10
8
Key nolder
2
95
9
Whistle (chrome)
1
50
10
Belt keepers
3
60
11
Ray -O -Vac flashlight (3 -cell)
3
77
12
Raincoat 8 Hat cover
25
95
_ Approximate cost of safety equipment to be
purchased per man
191
67
Approximate cost of items on hand (name plate,
helmet, face plate, baton, mace and mace
holder) 70 00
TOTAL $261 67
His memorandum also contained the following recommendaTions
1 Equipment purchased by the City would be City property
and would be turned in in the event the officer left the
Department or retired
1
1
City Council Minutes
January 21, 1974
Page 3
2 During their service with the City, officers would be
responsible for keeping all issued equipment in good
condition, considering normal wear and tear
3 Present officers could elect to continue to use their
' own equipment heretofore purchased by them if it conformed
to departmental standards If they should decide to sell
their equipment to the City and continue using it on the
Job, they might do so with prices subject to approval by the
Administrative Officer and Chief of Police, and also subject
I
o the top dollar limits for the respective items previously
listed On the other hand, officers might have the option of
switching to new City equipment and disposing of their equip-
ment as they desired
Memorandum from A J Shaw, January 17, 1974, in which he stated that
at the January 7 meeting he had not been prepared to advise the Council
as to whether or not safety personnel might have a legally enforceable
claim against the City for reimbursement for safety equipment previously
purchased by them He stated he had contacted other City officials
concerning this problem, and stated it was not their opinion that they
have to reimburse safety personnel for previously purchased equipment
He continued that at a Labor Relations Institute sponsored by the League
of California Cities he attended a session wherein the question of
furnishing safety equipment to personnel was discussed He stated that
no representative from any City, indicated they were reimbursing safety
personnel On the contrary, all those who indicated that their cities
had taken a position stated that their cities felt they had no duty to
reimburse and they were not going to do so voluntarily Therefore,
A J Shaw, City Attorney, advised the Council that it was his opinion
that the City could successfully defend against any legal action seeking
to requir=e the City to reimburse safety personnel for past purchases of
safety equipment He wished the Council to be aware that he did not
mean to imply by this opinion that the City could not work out an arrange-
ment with the Officers to purchase safety equipment which they now owned
if it met City standards He felt the City could successfully defend
itself from any challenge to such a purchase program, especially if the
purchase price substantially represented the present fair market value
of the equipment
He suggested that the Council's action at this time would be to adopt the
list of safety equipment as prepared by the Police Chief and representa-
tives of the Police Officer's Association and secondly, to provide all
new and present officers with such equipment, and, offer to purchase
existing safety equipment from police officers at which time it then
became the property of 'the City after a mutual agreement of price
Richard A Carsel, Attorney representing the Police Officer's Association
thanked the City staff for recommending adoption of the list of safety
equipment for all police officers and also thanked the staff for recom-
mending that the City issue all police officers adequate safety equipment
from the approved list He stated that as a representative for the Police
Officer's Association there were still two issues unresolved
' 1 The matter of reimbursement for equipment already purchased
by the police officers as required by the City regulaTions of
the Police Department, and
2 The question of statute of limitations - how far the City
must go back in such reimbursement
He stated that he felt it was unfair and unequal to officers who had been
on the force a number of years not to reimburse them for their safety
equipment which they were required to purchase at Their own cost He
felt that they spent good money and they were not getting the advantage
that the new officers were getting of free issue of equipment He
City Council Minutes
January 21, 1974
Page 4
further felt that the statute of limitations brought into this matter by
the City Attorney did not apply, as he knew of no court case in this
area He felt that if the Council did not reimburse all officers for
previously purchased equipment, he would take the City to court and
force this purchase by the City Council
Edward MarTin, Police Officer, stated that he too was in agreement with
the list of safety equipment but felt that each officer had a personal
pride in the hand gun he purchased and did not wish to give it up He
felt the City should pay each officer the original cost of the gun and
then allow the officer to "buy back" the gun from the City with service
to the City say amortized over a five year period at which time the gun
would again become the properry of the individual officer If the
officer were to leave before the end of the five year period, he would
be reimbursed one -fifth the value for each year of the unused amortization
schedule
Councilman Gurnee stated he felt the Police Officer's Association made
sense and should be seriously considered by the City Council
R D Miller, Administrative Officer, stated that he felt that if the
City paid for any equipment with taxpayers funds then the equipment
should become the property of the City and not allow some arrangement for
ultimate private ownership of equipment purchased at public expense
Edward Martin again stated the City should either buy the equipment at
cost and reimburse each officer, or accept the Police Officer's Association
offer to buy back the equipment with service at the end of a stated period
of time
Mayor Schwartz suggested that the Council action would be to 1) approve
the safety equipment list as presented, 2) reimburse each officer for
his equipmenT with City to retain ownership of the equipment, 3) to pay
officers a minimum, and 4) allow the officers to buy back equipment on
an amortization basis over a five year period He felt the question
before the Council was
Must the City buy equipment for new officers?
2 Must the City reimburse all other officers for equipment
previously purchased?
Councilman Brown stated he agreed with the adoption of the list of
safety equipment and he was leaning towards buying all equipment for City
ownership including the weapons
Councilman Graham agreed with the adoption of the safety equipment list
and also agreed with reimbursement on all safety equipment with owner-
ship to pass to the City including firearms
Councilman�Gurnee agreed with the adoption of the safety list as recom-
mended He felt all officers should be reimbursed for equipment purchased
with ownership to pass to the City and That the City staff be asked to
continue negotiations on reimbursement or to consider the Police Officer's
Association offer of the five -year, buy -back plan
Councilman Norris also agreed with the adoption of the safety equipment
list He agreed with provisions to issue new equipment to all police
officers and was also in favor of the City purchasing existing equipment
and issuing it to each officer He also agreed with purchasing the
equipment at cost as shown on the standard list
Mayor Schwartz stated Thai he agreed with the adoption of the safety
equipment list, felt whatever policies adopted should be applicable to
all officers, was in favor of purchasing the equipment from aff officers
without consideration of the statute of limitations He felt the purchase
should be based on the condition of the equipment at the time of purchase,
1
1
1
City Council Minutes
January 21, 1974
Page 5
and recognized that police officers formerly were allowed to buy what-
ever gun he wished and the City should buy it at historical cost without
any additional cost to the City for modification of grips, sites, etc
E L Rodgers, Police Chief, suggested that the City police should have
a standard approved handgun which all personnel from the Chief on down
would be required to provide himself
On motion of Mayor Schwartz, seconded by Councilman Brown the following
resolution was introduced RESOLUTION NO 2563 (1974 Series), a
resolution of the Council of the City of San Luis Obispo approving and
adopting a complete safety equipment list for Police officers, requiring
all new officers to use equipment on said list, and requiring the City
to provide said equipment for all new officers and all present officers
who so desire
Passed and adopted 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 Gurnee that the
City purchase from any present officer without regard to years of
service, items of equupment no 3 and 12 based upon the condition of
the equipment liberally construed to maximum amounts set in the Chief's
list, plus purchase any weapon and its holster previously purchased
' by the police officer without regard to his tenure for the value of
the weapon in its standard (no customizing) condition amortized as to
its present condition Officers would have 90 days to submit their
request for purchase by City
Motion carried unanimously
4 Council consideration of the memo from Councilman T Keith
Gurnee entitled Policy on Overburdened Facilities dated December 16,
1973 Councilman Gurnee stated that over a long period of time the
City had followed a policy of permitting construction of new develop-
ment which would obviously place additional overloads upon already
overburdened City water, sewer, drainage, traffic and fire hydrant
facilities, services administered by the City and resources necessary
to sustain the population This policy in the past had brought serious
consequences to the City due to a great degree by inadequate and over-
burdened facilities (1) The Los Osos Valley ureter crisis and (2) the
disastrous flood of 1973 He felt other similar problems of lesser
magnitude continued to serve as reminders of facility overloads, for
example the Hilton Hotel,the approval of which consciously placed an
additional overload on an already overburdened sewer line He continued
we were now facing an impending resource crunch with respect to water
supply, water filtration capacity, and sewage treatment capacity that
promised to be a most demanding and expensive problem in terms of money,
time, and energy He felt it was the City Council's responsibility to
' foresee problems and plan their resolution in a swift and deliberate
fashion well before a panic stage while the people of the City still
had a choice in the future rather than have their future dictated by
crisis
He continued that while the City had committed themselves to a long -
range, advance - planning program vital to the future direction of the
community, he felt the City must also turn its attention to the present
Instrumental to advanced - planning program vital to the future direction
of the community, he felt the City must also turn its attention to the
present Instrumental to advanced - planning strategy was a cohesive
package of measures and policies that must effectively operate in the
now and render current problems manageable in the future He felt it
City Council Minutes
January 21, 1974
Page 6
was necessary to enact effective working policies and procedures
affecting the day -to -day development of the City so that the citizens
could be assured that problems of overburdened facilities would not
befall us in the future and render advance planning obsolete He
presented a draft resolution as a method to deal with this problem
The resolution would deal with facilities only; but such a policy
could act as an increment of a larger policy package on growth and
community development
He briefed the resolution for the Council's consideration stating that
over a period of time the C[Ty had followed a policy permitting construc-
tion of new development which would place additional overloads on over-
burdened facilities That such a policy was contrary to sound planning,
created time - consuming and insoluble administrative difficulties, and had led
to a counter productive policy of government by reaction to crises, which
he felt was detrimental to the general health, safety, and welfare, and
whereas potential developers of real property had a right to expecT that
the City would assure that sufficient City facilities were available to
permit reasonable development and plans for such properties rn accord-
ance with exisTing zoning, and further, that the Council desired to
implement a policy which would assure that the City would not approve
or authorize further development which would not be served by adequate
City facilities, and that the City would initiate timely action to
assure adequate facilities to accommodate reasonable and authorized
development He asked the Council to adopt the following policy
1 Effective immediately, the City would not issue any use
permit or building permit for construction or development prior to
certification by responsible City department heads that the proposed
construction or development could be adequately accommodated witnout
overloading, and within the design parameters of City sewer, water,
drainage, traffic and fire hydrant facilities which already existed or
which would be in existence prior to construction or prior to occupancy
as required by the City
2 If any application for a use permit or building permiT were
denied accordingly, the Planning Commission should request a complete
report from each department head who was unable to certify to the adequacy
of City facilities for the project Upon receipt of the reporT, the
Planning Commission should hold one or more public hearings concerning
City facilities needed to provide adequate service for the proposed
development or construction, and the Commission should thereafter submit
a report to the City Council recommending additional facilities, zoning
changes, or other changes needed by the Commission to make zoning demands
compatible with City facilities
3 Upon receipt of the report from the Planning Commission,
the Council should at its next regular meeting consider the report and
order such further study and action by responsible City officials as
it deemed necessary for correction in all due haste of the lack of
facilities, improper zoning, or such other deficiencies or inadequacies
as the Council might determine
Finally, he listed a number of exemptions such as those previously
granted permITS, single family dwelling alterations, single family con- _
struction upon fully improved lots,construction of mobile homes within '
mobile home parks, and construction of public works other than buildings
Councilman Brown stated that in regard with Councilman Gurnee's memo
that it was common knowledge that the City drainage system was now in-
adequate and would be inadequate for many, many, years to come and
following the preamble to his resolution this would effectively stop
all development in the City
Councilman Gurnee agreed with Councilman Brown's statement and offered
to delete the word drainage .from the proposed resolution
City Council Minutes
January 21, 1974
Page 7
Councilman Brown continued he felt Councilman Gurnee's proposal was
too tight and did not feel it was adequate and would rather consider
each proposal as it came along for consideration in light of condi-
tions at that particular moment
Councilman Graham felt that the City Council should follow the policy
as presented
Councilman Norris stated that he opposed and would continue to oppose
the proposal of Councilman Gurnee as he felt it would hinder any
development within the City of San Luis Obispo
City Engineer D F Romero asked how this policy would affect existing
sewer plant which would be inadequate to full development of the City's
general plan, but adequate for present flows
R A Paul, Water Department Director, felt that the resolution only
formalizes what the City Council had been doing over the past few years
Councilman Graham stated that he agreed with Paul's comments that this
was basicly the policy followed by the City Council although it had not
been formalized
Dave Williamson, Assistant Administrative Officer discussed with Council-
man Gurnee some possible administrative problems in the proposed policy
on facilities
A J Shaw, City Attorney, explained to the City Council the implication
Of The word "certification" in the proposed resolution
' Mavor Schwartz declared the meeting open to the public
Harold Fields, 1704 Oceanaire Drive, questioned the intent of the
Gurnee resolution as no time limit for upgrading the overburdened
facilities was established and without some time limit no intelligent
developer could come into the City with proposals
Fred Strong, representing 6 E B E S , was opposed to the intent of
the Gurnee resolution due to its definite no- growth philosophy He
felt that this approach to community life was wrong as the people
were here, they were coming here to live and he felt the City Council
should attempt to bring their public facilities in to order rather
than postpone the issue He urged the City Council to consider a
positive approach to development and not a no- growth or negative
attitude
Elizabeth Webre, 2964 Flora St , stated she was in support of the
Gurnee proposal, felt the City Council should study the long range plan-
ning and solve the lack of public facilities drainage in conjunction
with a long -range study
Mayor Schwartz closed the public part of the meeting
D F Romero asked how traffic facilities could be certified for a new
development when congestion was not where the new development was, but
' was in the central part of the City He felt that the proposal would
be difficult to administer by the staff
Councilman Gurnee again explained the purpose of the resolution on
policy was to try and bring reality of City planning and upgrade City
facilities He urged the City Council to adopt the policy for solving
the problems of overburdened public facilities
Mayor Schwartz reviewed for the City Council a memorandum put out by
his office on October 1972 to the City staff asking for resource
planning reports on facilities at that time
City Council Minutes
January 21, 1974
Page 8
R A Paul stated that his department had been inventorying all water
related facilities for the City including water supply, filtration,
capacity, conveyance equipment, etc and would be ready soon with a
complete report for the City Council
D F Romero, City Engineer, stated that his department presently study-
ing and still continuing on the following
Sewer plant and sewer lines - well along
2 Storm drainage system - survey completed, analysis
barely started
3 Street program.- available now for Council consideration
Pat Gerety, Associate Planner, spoke To the Council on land use inven-
tory and the vacant land survey
Dave Williamson, Assistant Administrative Officer, reported To the City
Council on discussions in the zone 9 advisory committee dealing with
drainage and flood control, stating that the Advisory Committee had
already recommended a $60,000 study to the Board of Supervisors for the
drainage basin, a $20,000 annual maintenance of creek program, etc
Mayor Schwartz stated that Councilman Gurnee's proposal was in line
with his request to the administrative departments in October, 1972
for an inventory of water, sewer, traffic, drainage, etc He felt he
agreed with Councilman Gurnee's proposal to require each department
head to signify that the City had potential to serve the development
being proposed to the City He felt That Councilman Gurnee's proposal
put the City on record on facilities of the City and there was a need
for the resolution although he did suggest that the City staff and
Councilman Gurnee review proposal for wording changes and bring it back
for Council consideration
Councilman Norris stated that he was opposed to any action'by the City
Council that would limit the number of people who could live in San
Luis Obispo He was opposed to any attempt to adopt a no- growth policy
for the City He continued he felt it would be impossible for department
heads to signify that the City streets could handle more traffic He
felt that this was a backdoor approach to a no- growth policy He also
felt that down - zoning as proposed by Councilman Gurnee was the taking
of land from property owners without Just compensation He was opposed
and urged the City Council not to adopt the policy as he felt it would
hurt the citizens of San Luis Obispo
Mayor Schwartz explained that if the City Council had adopted policy as
suggested by Councilman Gurnee, there would never have been a need to
place a building moratorium on twenty percent of the City's area
Councilman Gurnee agreed that this proposal could be amended but he Just
wished the City Council to go on record of adopting some policy so that
people who wished to develop in the community would know where they stood
On motion of Councilman Gurnee, seconded by Councilman Graham that the _
City staff prepare a resolution amending the Gurnee proposal to include I
the deletion of
1 reference to traffic, and
2 to drainage, and clarity language in the "whereas"
sections
Motion carried on the following roll call vote
City Council Minutes
January 21, 1974
Page 9
a
AYES Councilmen Brown, Graham and Gurnee and Mayor
Schwartz
NOES Councilman Norris
ABSENT None
5 Communication from David Y Farmer, Attorney, representing
Dan Oxford regarding acreage fees on the Southwood subdivision He
stated that on January 31, 1973 the subdivision review board of the
City prepared a memorandum to the Planning Commission which incorporated
its recommendations on the Oxford development Within these recommenda-
tions on the Oxford development was - - - - -
one which called for the payment of $350 00 per gross acre as a water
acreage fee A review of that file at the present time would indicate
that subsequent to the preparation of the memorandum the figure $730 00
was inserted in place of the $350 00 figure Subsequent to the accept-
ance by the Planning Oommission of the recommendations of the subdivision
review board Mr Oxford deposited a requested amount with the City at
the rate of $350 00 per gross acreage exclusive of the street area
This was as requested in R A Paul's letter to Larry Meek of First
American Title Insurance Company dated March 13, 1973 Therefore, he
felt there were two problem -_areas involved with the water acreage
fees in the Oxford annexation
1 The alteration of a government document to indicate
that a recommendation was made which in fact was not made,
2 The attempt by the City to avoid the consequences of an
agreement entered into between itself through R A Paul and
' Mr Oxford after all conditions to be performed by Mr Oxford
had been performed On this basis Mr Farmer asked that the
City Council reconsider the matter of these water acreage
fees and go back to the original $350 00 per acre
A J Shaw, City Attorney, presented for the City Council's information
a chronological listing of the City's processing of the tentative map
for tract 485 the Oxford subdivision and the City's adoption of increased
water acreage fees, which showed that on March 5, 1973 water fees for
tract 485 were paid at the rate of $350 00 per acre Also on the same
date at the evening Council meeting the City Council adopted a resolution
No 2428 increasing water acreage fees from $350 to $730 effective at
once
On April 3, 1973 the memorandum from the City Attorney to the Planning
Director advising that at the time thereafter of final approval of the
tentative map bjr the City Council, the conditions should be changed to
state that the Developer would pay the acreage fee in effect at that
later time, $730
April 16, 1973 the Council by resolution No 2454 gave notice of its
r-
intention to conside Mr - Oxford_s Southwood Annexation, on May 7, 1973
the City Council approved the tentative tract map with condition no 13
stating that "The developer shall pay water acreage fees in the amount
' of $730 00 per gross acre exclusive of street area ", and by the same
motion of the City Council adopted resolution No 2463 approving the
annexation of the tract to the City
A J Shaw then submitted a memorandum from Ronald D Young, former
Planning Director regarding water acreage fees for tract 485, which stated
at the time the tract was considered by the subdivision review board a
communication was received from Mr Paul, Water Department Director, in-
dicating that the acreage fee would be $350 00 per acre Subsequent
to review of the tract by the subdivision review board and the Planning
Commission the Council passed a resolution increasing the water acreage
fee to $730 00 per acre and we were advised by Mr Paul in his memo of
April 3, 1973 that the conditions should be changed and that the developer
would pay the acreage fee of $730 00 per acre at the time of approval of
City Council Minutes
January 21, 1974
Page 10
v
the tentative map Therefore, the conditions of the subdivision review
board and The Planning Commission minutes were modified To require the
$730 00 per acre He concluded that the confusion would not have arisen
if the planning staff could have supplemented the minutes of the subdivision
review board and the Planning Commission with an addendum covering water
acreage fees rather than changing of the minutes
A J Shaw, City Attorney, explained that the City did not annex or
approve the tentative map of Tract 485 until two months after the
increase in the water acreage fees and that acreage fees applied only
to property which had been annexed to The City He felt that the
early payment by Oxford did not stop the City from coming back for
additional funds and he felt Oxford could be required to pay the addi-
tional funds
Mr Farmer, Attorney for Mr Oxford, stated he felt that morally and
etha-cally the City had a covenant with Mr Oxford through the various
agencies of the City, subdivision review board, Planning Commission,
etc also a written direction by a staff member and he felt that the
City citizens should be allowed to rely on such an action
Councilman Norris felt that the City should stick to the original
commitment with the developer and accept the $350 00 per acre as has been
previously paid
On motion of Councilman Norris that the City Council accept the original
$350 00 per acre fee for tract 495 Motion lost for lack of a second
On motion of Councilman Brown, seconded by Councilman Gurnee accept the
recommendation of the City Attorney that the City was not bound by the
developer's early payment of $350 00 per acre as originally established
and that the City could require the additional fees in accordance with ,
the resolution adopted March 5, 1973
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, and Mayor Schwartz
NOES Councilman Norris
ABSENT None
6 David Williamson, Assistant Administrative Officer, stated that
his report on staffing and relationship of City staff to consulting
services was not quite ready and asked that it be continued for presenta-
tion as soon as completed
7 The Council considered the impact of Assemblv Bill 2610, which
would require cities to reimburse property owners if the fair market
value of property decreased as a result of a zoning change
On motion of Councilman Gurnee, seconded by Councilman Graham that a
letter be sent to Assemblyman Nimmo and State Senator Grunsky and a
telegram to the Chairman of the Committee before which this bill was
being considered giving the City's opposition to its adoption and the
reason therefor. I
Motion carried
8 Memorandum from D F Romero, City Engineer, bringing to the
Council's attention a cooperative agreement between the State of
California and the City covering revisions and modifications to the
traffic control system, highway lighting and channelization at the
intersection of Santa Rosa and Foothill Blvd The cost sharing of the
project was calculated according to normal state formula based on the
number of legs at the intersection
0
City Council Minutes
January 21, 1974
Page 11
D F Romero, City Engineer, stated that in May, 1973 he submitted a
memorandum to the City Council using the Division of Highways estimate
for the work at $36,000 with the City's share being $18,000 Since
that time the -cost of signal work had sky- rocketed and the new cost
estimate included within the agreement brought the City's share to
$33,000 He stated he had verified this with staff at the Department
of Transportation and this was a correct estimate He continued that
most of the signal installation at this intersection was installed in
_ 1954 with the present controller installed in 1959 when substantial
modifications were made But the critical nature of this intersection
and the ever increasing traffic loads he believed the City had no
choice but to participate in the modification even at the increased
cost, and suggested that the matter be considered favorably by the
City Council He concluded that the plans for the work were substantial-
ly completed and the work would be conducted during the coming summer
if approved by the City Council
The City Council discussed the need for this project and for the
revisions of this traffic signal and also the extremely high cost to
the City
On motion of Councilman Norris, seconded by Councilman Brown the follow -
ing resolution was introduced RESOLUTION NO 2547 (1974'Series),
a resolution of the Council of the City of San Luis Obispo approving
agreement with State of California for revision of existing traffic
control signal system, safety lighting and channelization at the
intersection of Foothill with State Highway Route 1 (Santa Rosa)
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, and Norris
NOES Councilman Gurnee and Mayor Schwartz
ABSENT None
9 D F Romero, City Engineer, asked the City Council for permission
to purchase the State's share of the salvaged equipment of the existing
signal standards, cabinet, and control equipment at the intersection of
Foothill and Santa Rosa as this equipment could be used by the City at
other intersections or it could be used as a spare in case of breakdown
On motion of Councilman Norris, seconded by Councilman Brown the City
Engineer was authorized to purchase the equipment at a cost of $250
Motion carried
10 Memorandum from D F Romero, City Engineer, requesting permission
from the City Council to retain the consultant firm of Pomeroy, Johnson
and Bailey in accordance with the City's application for permit to dis-
charge waste water from the City sewer plant As a condition of a federally
mandated report the City must prepare additional information regarding
industrial discharge into the municipal system Thdre_ are approximately -
20 industrial discharges which would have to be sampled and analyzed to
meet Federal requirements He estimates the cost to be approximately
$1,750 for the requrred testing which must be completed by June, 1974 for
' submission to the State Water Quality Control Board
On motion of Mayor Schwartz, seconded by Councilman Gurnee the City
Engineer was authorized to enter into an agreement with Pomeroy,
Johnson 8 Bailey
11 D F Romero, City Engineer, reviewed plans and specifications
for the City Council for Police Facility Carport Extension, City Plan
No 28 -74 at an estimated cost of $4,268 plus engineering design charges
This matter was approved by the City Council in Capital Outlay Account
No 4
City Council Minutes
January 21, 1974
Page 12
Pat Geretv, Associate Planner, reported that the EnSironmental Impact
Report was not required under existing City policy for this addition
On motion of Councilman Gurnee, seconded by Councilman Graham the
plans and specifications were approved and the bids were authorized to
be called for
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham and Gurnee and Mayor Schwartz
NOES Councilman Norris
ABSENT None
12 Communication from the Design Review Board_ recommending that
the public restroom in Mission Plaza be repainted It was the opinion of
the ORB that the restroom's current color did not blend with its sur-
roundings in Mission Plaza The suggested colors would be to paint
the restroom white with the exception of the center panel beti#een the
two entrance doors to be painted a dark brown similar to the brown trim
The white color would be similar to both the mission and the Murray
Adobe and therefore given more continuity between the various buildings
in the plaza The DRB recommends that this suggestion be implemented
perhaps by utilizing the assistance of the Youth Corps during a summer
program
Recommendation approved on motion of Mayor Schwartz, seconded by
Councilman Graham on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES None
ABSENT None
13 R D Miller, Administrative Officer, presented a memorandum
to the City Council regarding the proposed restroom, press box, and
concession stand complex at the Sinsheimer baseball stadium He slated
that at budget time 1973 a preliminary figure of $32,000 for The facility
was rounded off to $30,000 and placed under Revenue Sharing budget
approved by the Council It now appears that with various suggestions
for features To be included in the facility that the project would cost
$80,000 This was for approximately 3,000 square fooT building including
expensive items in connection with the concession stand, restrooms which
would include vandal proofing The Council should also bear in mind that
the school board had indicated its intention not to approve final plans
on this unit until the master plan had been completed and there might
be some delay on this because the soil engineer, Robert Williams, was
currently unable to get his equipment into the area to tie down the
swimming pool location
James Stockton, Assistant Director of Parks 8 Recreation, presented
schematic drawings and artist rendersngs of the press box, restroom, and
concession stand at Sinsheimer Park Several members of the City Council
fell that this particular building seemed�to -be quite elaborate and quite
large for such an undertaking But as these were just preliminary draw-
ings the staff was authorized to take these drawings to the Park 8
Recreation Commission and to the joint Recreational Committee on Use of
School District Property for their recommendation and information
14 Memorandum from the Tree Committee regarding proposed changes to
the make -up of the committee The Committee discussed the following
alternates for Tree Committee make -up
City Council Minutes
January 21, 1974
Page 13
Alternate 1 Present make -up of Tree Committee as proposed;
no change
Alternate 2 Same make -up of Tree Committee with two types of
members
(1) staff members advisory- non - voting, and
(2) Council members and lay people - voting members
Alternate 3 Reduce the size of the Committee There were
two alternatives suggested
(1) Re- organization of Committee to have
lay persons and remove tree authorities from the
Committee, and
(2) re- organization of the Committee to have only
one Councilman represenTed
These alternates were discussed because of the problem of a spit vote with
only four voting members as in alternate number 2 above
Alternate 4 Re- organization of the Committee to include only
lay people and staff
After a quite heated discussion by the Tree Committee this matter was re-
ferred to the City Council for final determination and guidance
Lane Wilson, Park Foreman, member of the Tree Committee stated that at
the present time the City Councilman, Park 8 Recreation representative,
lay member and staff were all votaing on the Committee
The City Council discussed the make -up of the Traffic Committee and the
Waterways Planning Board at which the City staff only acted as advisors
with no voting privileges
Councilman Brown stated that with the Waterways Planning Board, presently
consisting of seven members, it was quite unwieldy to make a rapid de-
cision He suggested that possibly this was the problem with the Tree
Committee He suggested that the Committee could be made up of one
Council member, one Park & Recreation Commission member, and one lay per-
son, which would be voting members and the various members of the Park
Commission, Engineering Office and Planning Department would only be
advisory to the Committee
Councilman Graham, member of the Tree Committee, stated that he wished
to remain on the committee as he was quite interested in this particular
area
Councilman Norris, also a member of the Tree Committee, stated that he
would be willing to step down in order to make the thing work if only
one Councilman were to be on the committee
On motion of Councilman Gurnee, seconded by Councilman Brown that the
Tree Committee be reconstituted to consist of one Council member,
Councilman Graham, one representative of the Park 8 Recreation Commission,
and one lay person appointed with staff representation with no vote to
come from the Park Department, Planning Department, and the Engineering
Office Motion carried
15 The City Council considered a communication from Julian C Dixon,
Assemblyman, requesting support by the City of San Luis Obispo of Assembly
Bill 594, a bill dealing with environmental problems, and banning non-
returnable or throw -away beverage containers
City Council Minutes
January 21, 1974
Page 14
Communication from the Environmental Center of San Luis Obispo County
forwarding the gross income for the six month period in 1973 from their
recycling center asking that the CITY Council support the ban on non-
returnable containers so that this material could be recycled and
reused
On motion of Councilman Gurnee, seconded by Councilman Graham thaT the
City Council go on record supporTing Assembly Bill 594, a bill dealing
with environmental problems, and banning non - returnable or throw -away
beverage conTainers
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES None
ABSENT None
B-1 Memorandum from Andrew D Jones, Chairman, Subcommittee to
Review Bids for a Public Transportation System, recommending that the
City Council accept the bid of Doyle Griffith to perform the bus service
in accordance with advertised specifications
Mr Jones stated that the City committee had reviewed the proposed
operation with Mr Griffith and that the following items were discussed
1 Mr Griffith has a firm quote on an acceptable Type of
vehicle, with a firm delivery date of 90 days from placement
of order Bus size will be 17 passenger or larger
2 Mr Griffith's estimate was reviewed and determined to
be reasonable and all - inclusive
3 Mr Griffith can furnish the required $70,000 performance
bond, and $5000 labor bond without difficulty
4 Mr Griffith agreed with the following items concerning
operation
a Vehicles will be washed and vacuumed daily
b Vehicles will be radio equipped
c Vendor will cooperate in the collection of basic
data
d The initial base of operation will be at, the present
Yellow Cab terminal, however, separate bookkeeping
will be established for a bus system
e Hub meters will be provided for accurate mileage
measurements
f Bus operation and payment by the City will be measured
beginning and ending at the terminal
After reviewing all aspects of the bid and conditions the above subcommittee
respectfully recommended acceptance of the low bid submitted by Mr Doyle
Griffith and award of contract to him
On motion of Councilman Gurnee, seconded by Councilman Graham the follow-
ing resolution was introduced RESOLUTION NO 2551 (1974 Series),
a resolution of the Council of the CITY of San Luis Obispo accepting the
bid of Doyle Griffith for the operation of a transit system for a one
year period as part of a transit system feasibility study
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES None
ABSENT None
i
1
City Council Minutes
January 21, 1974
Page 15
B-IA Memorandum from Andrew D Jones, Chairman Mass Transporatation
Committee, regarding coordination and supervision of operation of the
San Luis Obispo bus system
Assuming that the Council would award the contract for the proposed bus
system at the January 21 Council meeting, the Committee offered the
following recommendations for accomplishing the required coordination
and supervision of the bus system
I Mr Fitzpatrick's office would coordinate the accounting,
daily fare collection, mileage and passenger number recording
procedures
2 Mr Romero's office would coordinate operations with
respect to location of bus stops, scheduling, route reviews,
collection of passenger statistics by questionnaire, etc
The Committee was of the considered opinion that the above suggested
procedures would enable maximum benefit to be derived during The oper-
ation of the system through application of sound accounting and audit-
ing procedures by the City Clerk's office and through application of
traffic and transportation engineering principles by the City Engineer's
office to provide for a high level of service and smooth operation
The Mass Transit Committee thanked the City Council for the opportunity
to submit their recommendation
On motion of Mayor Schwartz, seconded by Councilman Norris that the
recommendation on coordinating and supervision of the San Luis Bus
System be approved
Motion carried on the following roll call vote
AYES Councilman Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES None
ABSENT None
B -2 The City Clerk reported on the following bids received for
various City equipment, motor vehicles and contractors equipment
Bids opened Friday, January 18, 1974 See exhibit "A"
R D Miller, Administrative Officer, made the following recommendation
on the bids received
Item No 1 That Alternate 1 - the Chevrolet Suburban Wagon
be accepted for $4,805 02 including tax less trade -in
Item No 2 The low bid of Kimball Motors on Economy Pickup
at $2,625 86 including sales tax less trade -in
Item No 3 Recommend re- bidding since Lougee - Michael did not
bid on the John Deere model that meets the specifications The City
' believes it could bid on a model that does meet the specifications at
a cost several hundred dollars lower than the Wallace Machinery bid on
a Ford model Therefore, they asked permission to re -bid this item
Item No 4 The second low bid by Wallace Machinery on a
caterpillar, four -wheel drive loader Cost slightly higher than the
Lougee - Michael bid on a John Deere, but Wal.bace Machinery offered
$15,500 on a repurchase option versus $10,200 from the Lougee - Michael
Company Also, the caterpillar would be available for immediate delivery
compared to 130 days for the John Deere, which would make a difference
of more than $200 in sales tax since any item that was delivered after
April 1, 1974 would be subject to a six percent rather than a five per-
cent tax Total cost less trade -in, including sales tax is $17,750 00
City Council Minutes
January 21, 1974
Page 16
On motion of Councilman Brown, seconded by Councilman Graham that the
recommendation for purchase and for the re -bid of Item No 3 as recom-
mended by the Administrative Officer be accepted
Motion carried on the following roll call vote _
AYES Councilmen Brown, Graham, Gurnee and Norris, ,
and Mayor Schwartz
NOES None
ABSENT None
B-3 City Clerk reported on the following bids received for
CREEK BANK REPAIRS, City Plan No 23 -74 Bids opened January 44, 1974
at 3 00 P M Bids listed are for use of grouted stone
BIDDER BID
Engineer's Estimate $26,123 50
TED WATKINS
Paso Robles $27,995 00
R BURKE CORP
San Luis Obispo $30,427 00
,r41 k
San Luis Obispo $31,528 00
WALTER EROS
San Luis Obispo $35,063 67
CAL - WESTERN RETAINING WALLS
Fresno $37,753 00
C L BR00 KS
San Bernardino $43,674 00
M J HERMRECK, INC
Nipomo $49,577 00
MADONNA CONST CO
San Luis Obispo $57,215 00
D F Romero, CiTv Enoineer, reviewed the bids for the City Council,
the various alternates to the five basic projects He recommended that
the low bid of Ted Watkins - $27,995 00 using grouted stone be accepted
On motion of Mayor Schwartz, seconded by Councilman Norris that the low
bid of Ted Watkins be accepted and the contract awarded
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham and Norris, and Mayor Schwartz
NOES Councilman Gunnee ,
ABSENT None
C -1 Claims against the City of San Luis Obispo were authorized paid
subject to approval by the Administrative Officer
City Council Minutes
January 21, 1974
Page 17
C -2 The following contract payment was approved
Dennis Landscape Est N1 $14,526 23
Street Tree Planting
City Plan No 18 -74
Santa Rosa 8 Foothill
C -3 The City Council minutes of August 6, August 8, September 11,
October 1, October 3, October 8, October 18, October 26, and November
ld, 1973 were approved as corrected
t
C -4 Council consideration of maintenance agreement between Depart-
ment of Transportation and City of San Luis Obispo for State Highways
within the City limits
On motion of Councilman Gurnee, seconded by Councilman Graham the follow -
resolution was introduced RESOLUTION NO 2546 (1974 Series),
a resolution of the Council of the City of San Luis Obispo approving
agreement for maintenance of State Highways in the City
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris, and Mayor
Schwartz
NOES None
ABSENT None
C -5 The Mavor was authorized to execute an agreement for employ -
ment, on a contract basis, of a social services coordinator for the
Human Relations Commission
C -6 Communication from Sinsheimer P T A Board regarding traffic
problems at Sinsheimer School was referred to the Traffic Committee
C -7 Memorandum from D F Romero, City Engineer, requested permis-
sion to order an overhaul of existing cutter assembly ($4,400), and to
order a spare lift assembly ($3,360) for sewage treatment plant without
obtaining competitive bids He continued that no purpose would be
served in placing the overhaul and the lift assembly out to bid, as
there was only one firm that manufactured the units and the Los Angeles
office would serve the account
A J Shaw, City Attornev, stated that under the conditions as explained
by the City Engineer, the City Council could find that it was an idle
act to call for competitive bids for the equipment
On motion of Councilman Gurnee, seconded by Councilman Norris, that
based on testimony presented, the calling for competitive bids would
be a useless act The Administrative Officer was authorized to purchase
the necessary equipment Motion carried
C -8 Council consideration of a resolution confirming the cost of
work to correct creek obstructions aT 1041 -1043 Hiquera Street, Stanlev
' V Cole, owner
On motion of Councilman Gurnee, seconded by Councilman Graham the follow-
ing resolution was introduced RESOLUTION NO 2563, a resolution of the
Council of the City of San Luis Obispo confirming the cost of work cor-
recting creek obstructions, assessing a portion of said costs against the
property owner, and providing three years for the payment thereof
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
January 21, 1974
Page 18
C -9 Council consideration of a resolution increasing the 1973 -74
budget (Account No 211 2 - Contractual Services)
On motion of Councilman Gurnee, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2548,
a resolution increasing the 1973 -74 budget (Account No 211 2 City
Engineer - Contractual Services)
Passed and adopted on The following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
NOES None
ABSENT None
C -10 Council consideration ofa resolution increasing the 1973 -74
budget (Account No 343, Water Transmission and Distribution Mains)
On motion of Councilman Gurnee, seconded by Councilman Graham The
following resolution was introduced RESOLUTION NO 2549, a
resolution increasing the 1973 -74 budget (Account No 343, Water
Transmission and Distribution Mains)
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris,—and
Mayor Schwartz
NOES None
ABSENT None
C -11 Communication from Don Krall requesting amendment to the
Municipal Code to allow card rooms to be open 24 hours a day
Charles Willis, former card room operator spoke in opposition to
allowing card rooms to stay open 24 hours a day He also objected
to present card room licenses limiting who can play in their card
room He suggested that the City Council appoint a citizens commiTtee
I
o supervise card room operation
On motion of Councilman Brown, seconded by Councilman Graham the matter
was referred to the Police Department for report
C -12 Communication from the Planning Commission regarding proposed
amendment to the Zoning Ordinance to allow administrative and general
offices, not including medical and professional offices, in heavy
commercial and industrial zones was held over until the Planning Commis-
sion completed the second hearing and reported to the City Council
C -13 Communication from the Planning Commission regarding amendment
to the Sign Ordinance allowing signs made of wood to be erected in Fire
Zone I (Central Business District) was set for public hearing
C -14 Memorandum from R A Paul, Water Department Director, regarding ,
Council authority to advertise for bids - Pioeline Materials - Cross Town
Feeder, City Specifications No W73 -10 (Estimate $240,000, to be in-
cluded in next year's budget R D M ) was approved and authorization
given to call for bids
C -15 Memo from R A Paul, Water Department Director, regarding
Council authority to advertise for bids - Site Preparation - Edna Saddle
Reservoir Site, City Specification No W73 -8 (Estimate $265,000, to be
included in next year's budget R D M ) was approved and authorization
given to call for bids
City Council Minutes
January 21, 1974
Page 19
C -16 Council consideration of Resolution No 73 -13 A resolution
of the CoutTy of San Luis Obsipo approving Los Osos Road - Madonna Road
Annexation to the City of San Luis Obsipo, (Firehouse site owned by the
CiTy) was referred to the Planning Commission
C -17 Memo from R A Paul, Water Department Director, regarding
Progress Report, Ordinance No 568 (1972 Series) was ordered received
and filed
C -18 Summary of Public Works Department projects in design and
construction projects was ordered received and filed
C -19 Administrative Officer announced the appointment of Neal Alston
as Maintenance Man II effective February 1, 1974 at Step 1 or $636 sub-
ject to one year probationary period
C -20 'Administrative Officer announced the appointment of Brian F
La Dworth as Fireman effective January 16, 1974 at Step I or $772 subject
to one year probationary period
C -21 The following salary step increases were approved effective Feb-
ruary 1, 1974
Michael C Alamo - Sr Recreation Leader
From Step 1 or $712 to Step 2 or $750
Gail A Davis - Secretary
From Step 1 or $568 to Step 2 or $600
Robert C Isenberg - Maintenance Man II
' From Step 3 or $712 to Step 4 or $750
Alan D Matthews - Police Officer
From Step 2 or $860 to Step 3 or $910
Anthony R Oliveira - Maintenance'Man II
From Step 2 or $670 to Step 3 or $712
David S Phillips - Maintenance Man II
From Step 1 or $636 to Step 2 or $670
John P Quirk - Assistant Director of Water
From Step 4 or $1,192 to Step 5 or $1,258
Malcolm W Stone - Police Officer
From Step 2 or $860 to Step 3 or $910
C -22 On motion of Councilman Gurnee, seconded by Councilman Graham
the following resolution was introduced RESOLUTION NO 2550 (1974 Series),
a resolution increasing the 1973 -74 budget (Account No 400 15 Utility Tax -
recycling Center)
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
NOES None
ABSENT None
C -23 R A Paul, Water Department Director, brought to the Council's
attention that A B 2483 (Nimmo) regarding stockponds, was again active
on the State Legislature's agenda, and further the bill had been further
41mberaIized to the disadvantage of the City and other holders of rights
of record to Salinas River Water The new amendments include domestic
and recreational use incidental to livestock use, and also roll back
the dates to allow additional time to perfect right
City Council Minutes
January 21, 1974
Page 20
On motion of Councilman Gurnee, seconded by Councilman Brown the Water
Director was authorized to contact Assemblyman Nimmo and the chairman
of the commiTtee presenting the objections of the City Council to
adoption of the bill Motion carried
C -24 A J Shaw, City Attorney, again brought the matter of the
building permit for the Woodbridge Feed and Sound Companv to construct
a restaurant at 271 Woodbridge Street, and particularly in view of the
comments by Attorney Gerald Shipsey that the City was in violation of _
State code, which required a city zoning ordinance to be made consistent
with the General Plan by the City (Govt Code Section 65860)
David Williamson, Asst Administrative Officer, stated he felt That the
City Council should proceed under existing City ordinances and_grant a
building permit because the pooposed project is in accordance with exist-
ing zoning and the City's adopted policy for establishing consistency
between the General Plan and zoning This policy is that all future
zone changes are to be made consistent with the General Plan, however,
the City is not going to rezone all properties which are inconsistent
at this time This policy was adopted at a joint meeting between the
City Council and Planning Commission held a few weeks ago during which
The ramifications of Assembly Bill 1301, which requires compatibility
between the General Plan and zoning, were discussed
The matter was continued for further discussion to February 4, 1974
TC -1 74 -1 -1C Recommendation that monthly parking permits in down-
town lots be raised from $4 and $6 to $6 and $9, effective April 1, 1974
On motion of Mayor Schwartz, seconded by Councilman Brown that the
recommendation that monthly parking permits in downTown lots be raised
to $6 and $9, effective April 1, 1974, be approved
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham and Gurnee and Mayor Schwartz
NOES Councilman Norris
ABSENT None
72 -1 -2T Recommendation that stop signs along North Broad
Street be re- evaluated at the end of May 1974
On motion of Councilman Graham, seconded by Councilman Brown that the
recommendation for re- evaluation of the stop signs along North Broad
Street at the end of May be approved
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
NOES None
ABSENT None
74 -1 -3T Recommend that Engineering Department be authorized
to negotiate for rights of way for street widening - South side South
Street, Higuera to Beebee
On motion of Councilman Graham, seconded by Councilman Brown that
recommendation to negotiate for rights of way for street widening -
South side South Street, Higuera to Beebee be approved
Motion carried on the following roll call vote
City Council Minutes
January 21, 1974
Page 21, —
AYES Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
NOES None
ABSENT None
74 -1 -4T Recommend painting of bike lane east side of Los
Osos Valley Road between Madonna and - Prefumo Canyon Road-
74-1-5T Recommend one 12- minute parking space in front of
Saw Shop, 1177 Marsh St
74 -1 -6T Recommend red zone (four spaces) north side Murray
east of Santa Rosa in front of Sierra Vista Hospital
74 -1 -7T Recommend stop signs on Leff at Morro and on Church
at Morro
74 -1 -8T Recommend red zone (two spaces) South side Palm
wesT of Osos
74 -1 -9T Recommend four 24- minute parking meter spaces at
north end of Court Street in lot 6
On motion of Councilman Gurnee, seconded by Councilman Brown the
following resolution was introduced RESOLUTION NO 2555 (1974 Series)
a resolution restricting parking and establishing a bicycle lane on Los
Osos Valley Road, establishing short term parking on Marsh Street,
restricting parking on Murray Street, establishing stop signs on Leff and
' Church Streets, restricting parking on Palm Street, and establishing short
term parking on Court StreeT
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
NOES None
ABSENT None
The meeting adjourned to 7 30 P M , Monday, January 28, 1974 to consider
amendments to the Open Space Element of the General Plan
APPROVED March 4, 1974
OOOT H iZPATRICK, CITY CLERK
1
0
cv
�rn
Q U �-
= C N
0
F O T
O] U m
T c
2 t C
X — o
W U �
Following bids received for supplying motor vehicles and contractors equipment to the City of San Luis Obispo
in accordance with advertised specifications Bids opened Friday, January 18, 1974 at 2 00 P M
ITEM NO 1
ITEM NO 2
ITEM NO 3
ITEM NO 4
ITEM NO 5
Station Wagon
Economy Pickup
Front End Loader
4 Wheel Or Loader
Rotary Mower
BIDDER Fire Department
Planning & Building
Street Department
Street Department
Park Department
See other side for deviations
W
Alt
1
Alt
2
KIMBALL MOTOR CO
BID
$4,719
07
$4,592
60
$2,740
10
NO BID
NO BID
NO
BID
SLO
TRADE
150
00
150
00
225
00
NET
$4,569
07
$4,442
60
$2,515
10
HYSEN - JOHNSON
BID
NO
BID
$2,770
00
NO BID
NO BID
NO
BID
SLO
TRADE
125
00
NET
$2,645
00
KOIVISTO EQUIPMENT
CO
BID
NO
BID
NO BID
$10,518 19
H 60 E H 50 C
SANTA MARIA
TRADE
1,800 00
$33,890 68 $27,556 84
NO
BID
NET
$
8,718 19
5,750 00 5,750 00
$28,140 68 $21,806 84
WALLACE MACHINERY
BID
NO
BID
NO BID
$
8,925 00
$25,000 00
NO
BID
SANTA MARIA
TRADE
725 00
8,500 00
NET
$
8,200 00
$16,500 00
LOUGEE- MICHAEL
BID
NO
BID
NO BID
$
7,884 23
$22,674 00
NO
BID
OXNARD
TRADE
1,750 00
6,500 00
NET
$
6,134 23
$16,174 00
See other side for deviations
W
EXHIBIT "A" (Continued)
DEVIATIONS FROM SPECIFICATIONS
KIMBALL MOTOR CO
Item No 1, Alt 1 - Suburban
#18 Chrome hubcaps in place of Wheel Covers
#18 Bright Windshield molding not available
Item No 1, Alt 2-- Beauville Sportvan
#7 Rear Spring Capacity 2,100 Ibs
#10 Panel delivery type rear doors, fixed rear alass
#16 Clock, not available
Item No 2 - Chevrolet LUV
#6 Brake failure warning light not available
#15 Tires with 40,000 mile guarantee not included
#22 Ignition /steering lock with door buzzer not available
#23 "Omaha" orange requires special paint Job, add $150 to bid price
Standard color such as white without black fenders, deduct $25
Standard orange is available but darker than "Omaha" orange
#24 Grill painted white
HYSEN- JOHNSON FORD, INC
Item No 2
1
Compact
Truck 1973 - Model 1974 - Model,
2
Tires -
no mileage guarantee
on original
by tire
manufacturer
3
Steering
wheel lock - None
4
Bumper
- Chrome front only -
rear bumper,
5
Colors
available to us, are
- white - tan
Unit bid can be picked out of stock
KOIVISTO EQUIPMENT INC
not available at this time
equipment Warrantee handled
step type painted
- red - blue or yellow
Item No 3
Loader Model 1HC #2050A,_120 day delivery
Tractor Model 1HC #2500 Se n es A
Item No 4
Alt 1 - Model H60E, 120 day delivery
Alt 2 - Model H50C, rigid frame, 120 day delivery
price for repurchase, six month warrantee
hour limit
WALLACE MACHINERY
Item No 3
Ford 3550 Tractor /Loader 90 day delivery
No bid on guaranteed
- parts and labor No
Item No 4
Caterpillar Model 920 Wheel Loader Immediate delivery Guaranteed price
for repurchase of equipment at end of four years or 3500 hours of
operation, whichever comes first, $15,500 00
LOUGEE- MICHAEL EQUIPMENT
Item No 3
John Deere 302 Utility Loader R 0 P S - two post R 0 P S - approved by
OSHA and State of California 3" seat belt Delivery 90 days approximately
Item No 4
John Deere 544B Loader Tires - 17 5 x 25 - 12 ply Delivery 130 days
approximately Guaranteed price for repurchase of equipment at the end
of four years or 3500 hours of operation, whichever comes first; $10,200 00
1
1
7
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, January 28, 1974 - 7 30 P M
City Hall
Pledge
Roll Call
PRESENT Councilmen John C Brown, Myron J Graham,
T Keith Gurnee, and Jesse Norris and Mayor
Kenneth E Schwartz
ABSENT None
City Staff
PRESENT R D Miller, Administrative Officer, A J Shaw,Jr ,
City Attorney, David Williamson, Assistant Adminis-
trative Officer, William E Flory, Director Parks
and Recreation, Pat Gerety, Associate Planner.
1 Before introducing the continued discussion of the Open Space
Plan, Mayor Schwartz read a letter received during That day from
Francis C Mueller pointing OUT that the operator of the Laguna Lake
Golf Course was giving up his lease on March 1 and urging that the City
take over the operation of the course He indicated that people inter-
ested in such development should probably take it up first with The
' Park and Recreation Commission and that perhaps the recreation staff
could investigate the economics of the facility in the meantime
Arthur Shaw, City Attorney, said he had been contacted by Terry Spence,
with the North American Employees' Credit Union, indicating that the
golf course property was on the market and that he would be willing to
supply information on the golf course operation
Mayor Schwartz introduced the discussion on the Open Space Plan by
complimenting Councilmen Gurnee and Norris on the work they had done
in evaluating the plan He said it was-just too bad that the material
had not been received earlier so that the Council could study it in
detail At this time, the Mayor asked if Councilmen had conceptual
comments on the plan
Councilman Brown said he agreed with the proposed plan in general and
felt it met the state's intent in mandating it
Councilman Graham said he felt there should be an emohasis on agricultur-
al preservation in the immediate outskirts of the City, and he was
also vitally interested in historic preservation
Councilman Gurnee said he felt the plan met the legal requirements
He felt fhe quality of reading could be improved and indicated he
would have further comments later on
Councilman Norris said he was in favor of having such a plan. However,
realistically speaking, he felt it would cost a fortune to implement
He was in favor of referring it back to the Planning Commission for
further refinement
Mayor Schwartz said he felt the plan's general directions were all
right, but he questioned the style used in writing it He asked the
staff if it wouldn't be a good idea to make the format conform to that
of the conservation plan, since these two elements were so compatible
Mr Williamson and Mr Gerety agreed
City Council Minutes
January 28, 1974
Page 2
The Mayor then began a general - description of the various sections
of the plan, including geographic features and asked if the map
shouldn't be more complete Councilman Gurnee agreed in several
respects
The Council then Launched into a paragraph by paragraph dissection
of the report Councilman Norris urged that a section be added similar
to that advocated by C E B E S agreeing to uphold the Constitution and
not take land without due compensation Upon question by the Mayor,
Art Shaw said inclusion of such a statement would not detract from the
report in his opinion, although the proposed wording merely reflected
existing legal requirements
Various Councilmen then added suggestions for additions, deletions,
revisions, changes in emphasis, changes in format, etc
Mayor Schwartz suggested that several copri,es of Councilman Gurnee's
and Councilman Norris' comments be reproduced and made available in
the library and City Clerk's office for public perusal
After further discussion, it was agreed to continue discussion on the
Open Space Plan until the second item on the study agenda for the
second meeting in February, the first part of the meeting to be de-
voted to water matters
2 The Council discussed a letrer from Valerie Endres, Chairperson
of the Planning Commission, requesting that the CiTy purchase liability
insurance to protect itself from possible claims brought against the
CiTy as a result of commissioners and other members of the City family
flying to conferences in privately owned aircraft Richard Miller, City
Administrator, pointed out that the City was not now insured After ,
discussion, it was moved by Councilman Gurnee, seconded by Councilman
Graham and carried that the City purchase liability insurance Tor
approximately $200 a year and also look into the matter of securing
insurance to protect the families of City officials in the event of
mishap
At this time, Mr Flory reported That Wilsev 8 Ham, consulTants for the
Sinsheimer recreation complex, expected to have the masTer plan ready
for inspection by February_ 8 Mr Flory asked if the Council would be
willing to have a Joint study session with the school board on Monday,
February 25 to discuss the plan and also possibly the final plans and
specifications on the press box, concession stand and restroom facili-
ties if they were ready The Council had no objection
John Brown reported that the Board of Supervisors had placed a measure
on the June 4 ballot to provide taxing authority for flood control
zone No 9
By common consent Mr Miller was asked to serve on the county committee
investigating better methods of handling the dog situation
At 10 15 P M , Meeting adjourned to executive session
In executive session, the Council discussed a matter which is involved
in current litigation and adopted the following resolution on'motion
of Councilman Brown, seconded by Councilman Norris RESOLUTION NO 2556,
a resolution of the Council of the City of San Luis Obispo finding and
determining that Police Officer Ronald L McKernon is disabled by an
industrial injury
Passed and adopted on the following roll call vote
City Council Minu es
January 28, 1974
Page 3
AYES Councilmen Gurnee, Graham, Brown and Norris and
Mayor Schwartz
NOES None
ABSENT None
On motion of Councilman Brown, seconded by Councilman Gurnee that the
meeting adjourn Motion carried
APPROVED February 19, 1974
LPATRICK, CITY CLERK
I
Pledge
Roll Call
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, February 4, 1974 - 7 00 P M
City Hall
PRESENT Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
ABSENT None
City Staff
PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administra-
tive Officer, D Williamson, Assistant Administrative
Officer, R A Paul, Water Dept Director, E Rodger,
Police Chief, City Engineer Romero, Fire Chief
Schlobohm, A J Shaw, City Attorney, W Flory, Director
Parks b Recreation, Pat Gerety, Planning Dept
1 At this time, the City Council considered the adoption of
proposed Ordinance No 604 prohibiting issuance of various development
related permits prior to departmental certification that City facilities
can accommodate additional use and providing for review and correction
of deficiencies This matter was continued from the meeting of January
21, 1974
A J Shaw, City Attorney, stated that upon more study and since most
permits or other entitlements for construction or development in the
City are issued by the City under ordinance provisions he felt that any
policy superseding such ordinances should be adopted by ordinance
Therefore, rather than continue consideration of the resolution, he had
prepared and drafted the proposed ordinance which incorporated the
provisions of the resolution as proposed He continued that in the
proposed ordinance he had been more specific in the area of defining
responsibilities of each department head and further had added additional
exemptions to section 6 of the proposal He concluded that he believed
that the ordinance as written would establish a reasonable approach for
the City in correcting obvious problem areas and stated that the City
Council might add or delete sections without materially affecting its
legality He then reviewed the proposed ordinance provisions which
stated "Overburdening of City water, sewage, drainage, traffic, fire
hydrant and park facilities was inimical to the public health, safety
and welfare The Council desired to implement a policy which would
assure that the City would approve or authorize only those developments
which would be served by adequate City facilities, therefore, it was
ordained by the Council of the City of San Luis Obispo as follows
Section 1 No authorization or entitlement for new development or
construction shall be approved or issued by the City prior to the filing
of a written statement by each responsible City department head deter-
mining that the proposed development or construction can be adequately
accommodated without overloading and within the design perimeters of
City facilities which already exist or which will be in existence prior
to the construction or occupancy as follows
1 Public Works Director
a) Sewage collection system
City Council Minutes
February 4, 1974
Page 2
b) Sewage treatment and disposal system
c) Local street system to nearest point of safe access
onto an arterial roadway
d) Local drainage facilities under City control to
the point of drainage jurisdiction by the flood control
district
2 Water Department Director
a) Water supply for both domestic and fire fighting
purposes
b) Water distribution system
c) Water treatment plant
3 Fire Chief
a) Fire hydrant facilities
b) Equipment access to site
4 Director of Parks & Recreation
a) Local parks
b) Recreational facilities
Said authorization or entitlements shall include without limitation '
building permits, use permits, subdivision and parcel maps, plan de-
velopment, rezoning and annexations
Section 2 If any application for construction, development or other
City approval is denied pursuant to the provisions of Section 1 hereof,
the Planning Commission shall request a complete report from each
department head who was unable to make the required determination
Said report shall include without limitation a detailed description of
the inadequacy and recommendations for the correction thereof
Section 3 Upon receipt of the report the Planning Commission shall
hold one or more public hearings concerning City facilities needed to
provide adequate service for the proposed development or construction
and the Commission shall thereafter submit a report to the Council
recommending additional facilities, zoning changes, or other changes
deemed necessary by the Commission to make zoning demands compatible
with City facilities
Section 4 Upon receipt of the report from the Planning Commission,
the Council shall at its next regular meeting consider the report and
shall order such further meetings,consideration and action as the
Council finds necessary to protect the public health, safety and wel-
fare Every reasonable effort shall be made to expedite the Council's
findings
Section 5 The prohibitions herein shall not apply to
1 Construction authorized by a valid and unexpired
building permit which was issued by the City on or before
the date of the adoption of this ordinance
2 Construction or alteration or additions to existing
single family residences
City Council Minutes
February 4, 1974
Page 3
3 Remodeling, repair or reconstruction which does not
increase the occupancy load or change the intended use of
a structure
4 Construction of single family residences upon fully
improved lots and subdivisions which have Deen approved by
the City prior to the adoption of this ordinance
5 Construction of mobile homes within mobile home parks
or portions thereof which were fully developed and improved
or within which the installation of improvements and utili-
ties have actually commenced prior to adoption of this
resolution
6 Construction of public works other than buildings
7 Construction which has been specifically approved by
the City within the past 12 months after compliance with
the procedures set forth herein,provided however,that the
Director of Planning may extend the time limitations to
24 months if he finds
a) that the protect is of such magnitude that the
additional time is reasonably required and
b) that the applicant has proceeded with reasonable
diligence "
D Williamson, Assistant Administrative Officer, explained that present
' City standards on drainage facilities which were to carry a 50 or 100
year storm where prior policy was on a 20 to 35 year storm, which meant
that no one could certify that the storm drainage in the City would ever
be adequate
Councilman Norris felt that Section 1, paragraph le and Id, should be
eliminated as impossible to administer or certify as adequate These
were the two items dealing with local street systems and the local
drainage facilities
Councilman Gurnee felt that lc and Id should be retained as they were
important items to the consideration of developments
D F Romero, Director of Public Works, stated upon question that ne
could certify adequacy of local streets, however, overburdening would
seldom occur near the development He also pointed out that street
capacity is far in excess of traffic volumes the residents would be
willing to tolerate He continued that, based on criteria adopted after
the 1973 flood, there are very few areas where any engineer could
certify that the storm drainage system would meet the criteria adopted
in 1973
Councilman Norris stated that in light of the engineer's comments, he
felt that the adoption of this ordinance would stop all building permits
and development within the City
' Glenna Deane Dovey, President of the League of Women Voters of San Luis
Obispo, stated that the League of Women Voters had stated many times
that they supported legislative measures for planned orderly growth and
development and for the protection of land, water and air resources
An objective under this position was that the availability and costs of
service should be considered before approval of annexation or further
subdivision The League of Women Voters also supported the organization
and operation of and cooperation among all entities involved in planning,
development and housing Based on this prior position by the League of
Women Voters, they specifically endorsed the proposed ordinance which
City Council Minutes
February 4, 1974
Page 4
implemented a policy assuring that the City would approve or authorize
only those developments which would be served by adequate City facilities
Since some services were provided by entities other than the City, that
is the County, Special and School Districts, the League of Women Voters
requested that, as a complement to this ordinance, the Council consider
the establishment of a policy of exchanging information with these other '
agencies Questions of importance might concern the effect resulting
from additional educational facilities required by an increased number
of school children in a residential development or some potential impact
on county roads On behalf of the League of Women Voters, she commended
the Council for the action on this ordinance which would supplement the
orderly planning processes for the City of San Luis Obispo
Donald Smith stated that the City needed this type of ordinance for
proper development of the City and the community which would not only
protect the person buying the property, but also a developer would
know what to expect
Harold Field, 1704 Oceanaire Or , felt the ordinance was needed for
proper development of the City, but he felt along this line that the
City should adopt criteria or standards to measure performances by He
mentioned recognized standards of engineering, hydraulics, etc and said
they should be adopted prior to the adoption of this ordinance because
without standards, he felt that the ordinance was worthless
Fred Strong, CEBES, opposed the adoption of the proposed ordinance
without some method of paying for correcting the overburdened facilities
He felt this should be done by General Obligation Bonds If not, he felt
that developers and subdividers would be paying double for improvements
or for extension of public facilities
Art Wilson, Secretary- Manager San Luis Obispo County Building Contractors'
,
Association, stated that his organization was opposed to the ordinance
as suggested as it appeared to be an inverted, negative and retrogressive
approach to City affairs He continued that whenever we had a true
emergency situation in some part of the City which required a sudden
discontinuance of normal living and working, then the government had the
right and the duty to declare the emergency to deal with it as quickly
as possible and remove the emergency He felt that the proposed legis-
lation, in effect, declared in advance that any and all construction
projects with some minor exceptions, were a danger and a threat to the
public health, safety and welfare The ordinance declared that all
projects would remain in such negative and dangerous situation until
proved otherwise He felt that this was a backward procedure and he
did not feel that it should be adopted He concluded that the attempt
to limit the growth of City simply for the purpose of keeping it to a
predetermined size had been found to be unconstitutional He felt this
ordinance, which considered almost every building project to be an emer-
gency that must pass all sorts of subjective go or no go tests before
even qualifying for normal consideration, appeared to be in the same
category as the ill -fated Petaluma Ordinance, namely, unconstitutional
Ted C Maino, General Contractor, stated that he was opposed to provisions
of the proposed ordinance due particularly to the time involved in get-
ting the permit for development He felt that honestly, there was no I
department head who could certify to the conditions as established in
the proposed ordinance
Hal Boyle, Laborers Union, was opposed to the proposed ordinance and
felt that the City staff and Council were to blame for allowing the
City's physical plan to get into the sad shape that it was in, and he
felt that the City of San Luis Obispo was in need of a real house
cleaning to clean out both Council and staff
Mayor Schwartz declared the public hearing closed
City Council Minutes
February 4, 1974
Page 5
Councilman Gurnee again reread paragraphs 3 and 4 of his memo dated
12/16/73 which stated that he hoped the City had learned the lesson
that resources, facilities and the population they sustained must be
kept in pace with each other He stated that they must foresee problems
and plan the resolution in swift and deliberate fashion well before the
' panic stage, while the people still had a choice in the future of their
City, rather than have that future dictated by crises While the City
had committed themselves to a long -range advanced planning program so
vital to future direction as a community, he felt that the City Council
must also turn its attention to the present Instrumental to an advance
planning strategy was a cohesive package of measures and policies that
must effectively operate in the now and render current problems manage-
able in the future Inaction on current policy might threaten the hoped
for successes of advanced planning He stated that he was in support
of the proposed ordinance
Councilman Norris stated that he did not feel that this ordinance was
required or was necessary and if all the Council wanted was information
on facilities, then this ordinance was not needed Just have the Council
develop the capital improvement program and make the necessary improve-
ments as needed As far as this ordinance was concerned, he was dis-
appointed that the street system and drainage were again put in the
ordinance after the City Council had determined that it would be removed
Finally, he felt the Council should adopt standards and criteria for
development of the City This ordinance was not necessary and could
be implemented in many other ways
Councilman Brown stated that he was opposed to the provisions of the
proposed ordinance, felt that the City had sufficient laws in the books
' to control development within the City He felt that this ordinance
was too sweeping and felt the City Council needed flexibility to work
with developers as they brought in the developments He also felt the
City should adopt standards and avoid over - control by departments
Councilman Graham felt that this type of ordinance was needed by the
City in order to avoid the past crisis type of development He felt
proposals would bring all knowledge on public facilities within the
City and their conditions to both City officials and to the general
public He was in general support of the proposed ordinance
Mayor Schwartz reviewed sections 3, 4 and 5 of the proposed ordinance
with a view to rewording for clarification of the conditions He con-
tinued he felt this type of ordinance was needed in order that full
exposure and disclosure of public facilities was made to all persons
interested in developing within the City, now or in the future Without
this full disclosure, individuals would be developing without full
knowledge of the facilities and their effect on the City He felt that
this ordinance was needed so that the Planning Commission and City
Council could rely on hard facts from their paid staffs so that when
approval of a project was made, everyone would know the status of the
public facilities to serve the development He would agree with the
leaving of street system and drainage facilities at this time or until
new standards and criteria were developed
' Councilman Norris moved that the staff be instructed to prepare an
informational system to implement the intention of the draft ordinance
Lost for lack of a second
Councilman Norms then moved that the staff be instructed to develop
standards and criteria for public circulation and information prior to
approval by the City Council of the ordinance and then consider the
ordinance and criteria standards at the first meeting in March Motion
lost for lack of a second
Jerry Holland, Realtor, felt that if the ordinance were passed, he would
City Council Minutes
February 4, 1974
Page 6
be out of business He felt the City Council should first adopt
standards and criteria before stopping development within the City
The City Council then discussed amending the ordinance Section 1,
lc- dealing with local street system, ld -local drainage facilities
be dropped from the ordinance Section 2 to read as follows '
If any application for construction, development
or other City approval is denied, pursuant to the
provisions of Section 1 hereof, the department
head who is unable to make the required determina-
tion shall file a report with the Planning Commis-
sion, said report to include without limitation a
detailed description of the inadequacy and recom-
mendations for correction thereof, and the report
shall be filed with the Planning Commission within
5 days
Section 3 amended to read as follows
Upon receipt of the report, the Planning Commission
shall hold one or more public hearings concerning
the City facilities needed to provide adequate
service for the proposed development or construc-
tion and the Commission shall within 14 days
thereafter submit a report to the Council recom-
mending additional facilities, zoning changes or
other changes deemed necessary by the Commission
to make zoning demands compatible with City
facilities
After discussion by the Council of the various amendments, it was
moved by Councilman Gurnee, seconded by Councilman Graham that the
following ordinance was introduced and passed to print as amended and
the staff be instructed to submit a list of standards and criteria
for guidance in determining overburdened facilities by the City staff
ORDINANCE NO 604 (1974 series) an ordinance of the City of San Luis
Obispo adding provisions to the Municipal Code prohibiting approval
of real property divisions, zoning changes, annexations, use permits,
and building permits prior to departmental certification that city
facilities can accommodate the increased burden resulting therefrom,
and providing a mandatory procedure for planning commission and Council
review and correction of deficiencies
Passed to print on the following roll call vote
AYES Councilmen Gurnee, Graham and Mayor Schwartz
NOES Councilmen Brown and Norris
ABSENT None
City Council continued further discussion of this ordinance to March
4, 1974 so that criteria and standards can be publicized in the com-
munity '
Councilman Brown stated that he was opposed to passing the ordinance
to print without first adopting the standards and criteria
2 At this time, the City Council held a public hearing on the
recommendation of the Planning Commission to amend the Municipal Code
Section 8600 3, the construction, of signs to allow signs made of
combustible materials to be erected in Fire Zone I
The City Clerk read the amended section as recommended by the Planning
Commission of the section construction of signs
City Council Minutes
February 4, 1974
Page 7
Mayor Schwartz declared the public hearing open
No one appeared for or against the proposed amendment
Mayor Schwartz declared the public hearing closed
On motion of Councilman Norris, seconded by Councilman Graham, the
following ordinance was introduced ORDINANCE NO 605 (1974 Series)
An ordinance of the City of San Luis Obispo amending the municipal
code to permit wooden signs in fire zone I
Passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris
and Mayor Schwartz
NOES None
ABSENT None
Councilman Norris left the meeting
4 Report from the Department of Finance on the request of
the San Luis Transportation Company for an increase in taxicab ra
The matter continued from the December 17, 1973 meeting
The analysis was made with the financial reports and working papers
submitted by the San Luis Transportation Cc and the basis for
formulating the requested increase was a 14 day sample of taxicab
trips against charges per trip The sample developed average charge
per trip and average miles per trip The sample averages were then
converted to monthly averages and proposed increases were converted
to estimated monthly revenues The estimated monthly revenues were
inserted into a performer monthly income statement with estimated
expenses The result was an expected after -tax profit of $342 The
estimated expenses were reviewed against the actual income statements
submitted for the month of July thru November 1973 and were found to
be reasonable The return on assets over investments was computed at
13% after exclusion of intangibles Upon examination of the data, it
appeared reasonably accurate and it was recommended that the requested
increases be approved However, a request for additional prospective
$ 10 cents per flag drop should be tentative pending the results of
actual operation The additional $ 10 cent increase would raise first
1/8 mile rates from a proposed $ 70 to $ 80 cents and result in addi-
tional monthly revenues of $254 00 The additional revenues would be
offset by expected increase in fuel and equipment costs Upon presenta-
tion of future data indicating the need for additional revenue, a firm
approval might be given Therefore, the Finance Dept recommended that
the requested rate of $ 70 cents for the first 1/8 mile with the flag
drop and an additional $ 10 cents per 1/8 mile be approved, with the
waiting time to be increased to $7 50 per hour over the existing $6 00
per hour and no change in the extra passenger for the per passenger
cost
- Mayor Schwartz asked if anybody in the audience wished to speak on this
proposed increase
No one appeared for or against the proposed rate increase and on motion
of Mayor Schwartz, seconded by Councilman Brown, the following resolu-
tion was introduced RESOLUTION NO 2557 1973 Series), a resolution
of the Council of the City of San Luis Obispo establishing taxi cab
rates
Passed and adopted on the following roll call vote
City Council Minutes
February 4, 1974
Page 8
AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz
NOES None
ABSENT Councilman Norris
Councilman Norris returned to the meeting ,
5 A lengthy report was received from the Department of Finance
of the City of San Luis Obispo, updating for the Council's information,
the conversion of the straight accounting system and the inclusion in
the new system of the chart of accounts
The City Council thanked the staff for their report and they were
authorized to proceed
9 00 P M Mayor Schwartz declared a recess
9 10 P M the meeting reconvened with all Councilmen present
6 At this time the City Council considered some amendments to
the Municipal Code Tree Regulations as presented by the Tree Committee,
to define undeveloped parcel and to change the membership of the Tree
Committee and to add new provisions concerning street tree plantings
Lane Wilson, Park Foreman, presented the recommendation of the Tree
Committee and the changes they wished made to the existing tree
ordinance
After presentation, the City Council discussed with Mr Wilson various
proposed amendments to the tree ordinance The matter was referred
back to staff for clarification of some of the wording as brought out
by the City Council
7A Communication from Michael E McLarney requesting that the
City Council consider amending or changing the Municipal Code Section
6240 19 dealing with cab driver's permits and past history of indivi-
duals applying for such permits
7B Communication from Robert Beaty requesting the same informa-
tion and appealing a denial by the Police Department of his application
to be a cab driver
A J Shaw, City Attorney, stated that after hearing the City Council,
the matter should be referred to one of the Citizens Committees, such
as the Human Relations Commission for consideration and study and
recommendation of change to the Council if they felt a change was
needed The conditions that these gentlemen were asking about were
Section 6240 19 of the Municipal Code which states that no permit to
drive a taxi cab shall be issued to any of the following persons
a) Any person who has been convicted of a felony
b) Any person who has been convicted of driving a
vehicle recklessly or while under the influence
of intoxicating liquors
Robert Beaty appeared before the City Council asking that the City
Council amend the Municipal Code to change cab drivers' permit forms
for clarification of prior problems
On motion of Councilman Gurnee, seconded by Councilman Graham, that
the City Council ask the Human Relations Commission to look into the
cab drivers' permit form as required by Section 6240 19 of the Municipal
Code and also the Administrative Officer to look into cab driver
application forms with reports from the Human Relations Commission
by March 4, 1974 Motion carried
City Council Minutes
February 4, 1974
Page 9
8 Communication from Francis C Mueller stating that it was
his understanding that the present operator of the Laguna Lake Golf
Course was giving up the operation on March 1, 1974, and he requested
that the City Council consider taking over the Golf Course for two
reasons (1) to protect open space and (2) to allow the continued
use of the Golf Course by residents of the City, particularly older
residents who could not drive or could not afford to go to the
public and private courses in the general area
Mr Bob Schroeder, Cucaracha Ct , spoke in support of the City
taking over the operation of the Golf Course The matter was
referred to the Park & Recreation Commission for study and recom-
mendation of action to the City Council
9 Communication from M D Sandborn and Mrs Peggy Spencer
regarding cats and dogs was ordered received and filed
10 A memorandum from Mayor Schwartz regarding screening of
Santa Rosa Overpass at Highway 101 He stated that his information
from representatives of the Department of Transportation was that the
screening was being placed for public safety to avoid people falling
or dumping off the overpass to the Freeway below or throwing projectiles
from the bridge to the street The Mayor felt that this project was
unwarranted and unnecessary, at least at this time First and foremost
was the hazard record He stated that the Department of Transportation
only mentioned one official report in the entire District where a
projectile had been thrown from the overpass onto the freeway The
Mayor felt that there were other ways to design or prevent this type
of vandalism He therefore asked that the City Council authorize a
pedestrian count on Santa Rosa Street and authorize the staff to hire
temporary help to make such a count He thought the counts on three
days from sunrise to sunset would provide a good data base for the
Council's determination
On motion of Mayor Schwartz, seconded by Councilman Graham, that a
traffic count be taken on Santa Rosa overcrossing and that extra help
be authorized to conduct the count Motion carried
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and
Mayor Scnwartz
11 Memorandum from the Water Department Director, R A Paul,
recommending that the City Council adopt a resolution revising Water
Department fees for acreage, front footage and new water service
connections R A Paul stated that during the first quarter of 1973,
the City Council considered the fees the City was charging for water
acreage, water frontage and new water service connections At that
time the fees had not been previously revised for a period of time
up to 15 years In order to increase fees to a level consistent with
current cost the City Council adopted in March of 1973, increased
charges for these three areas He therefore recommended that, based
on current construction cost indexes and studies made by his depart-
ment, the City Council consider revising the acreage charge from $730
per acre to $770 per acre and that the front footage distribution main
charge be increased from $7 30 per front foot to $7 70 per front foot
and that the charges for new services inside the City be increased
proportionately in accordance with the cost indexes
On motion of Councilman Gurnee, seconded by Councilman Graham, the
following resolution was introduced RESOLUTION NO 2558, a resolution
of the Council of the City of San Luis Obispo revising rate for new
water service, acreage fees and front footage charges
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and
Mayor Scnwartz
City Council Minutes
February 4, 1974
Page 10
NOES None
ABSENT None
12 City Engineer, D F Romero, presented plans and specifi-
cations for WASTEWATER TREATMENT PLANT - BARMINUTOR INSTALLATION,
City Plan No 30 -74 City Engineer explained what was going to be
accomplished under this particular project and estimated the cost
at $32,000
R D Miller, Administrative Officer, reported that $26,640 would
be budgeted under account #8 Capital Outlay - sewer system improve-
ments
On motion of Councilman Graham,`seconded by Councilman Brown, the plans
and specifications were approved and the Engineer was authorized to call
for bids Motion carried All Ayes
13 City Engineer, D F Romero, presented plans and specifications
for Los Osos Valle Road Flashing Si nals - 280 feet northerly of
Prefumo Canyon Road and 20 feet southerly of Royal Way, S S #195,
City Plan No 24 -74 The Engineer estimated the cost to be $3,000
of which the school district has agreed to pay one -half Money is
available in Account No 9 Capital Outlay - traffic signals
On Motion of Councilman Brown, seconded by Councilman Graham, the
plans and specifications were approved and the City Engineer was
authorized to call for bids
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
14 D F Romero, City Engineer, presented plans and specifica-
tions for Santa Rosa Street Widen '2 - Montere to Higuera, West Side,
City Plan No 25-7 , S S #194 Enneer's estimate of the project was
$20,500
On motion of Councilman Graham, seconded by Councilman Brown, the
plans and specifications were approved and the City Engineer was
authorized to call for bids Motion carried
15 A J Shaw, City Attorney, presented
Municipal Election Campaign Contributions and
Ordinance which was continued from last fall
ordinance varied considerably from ordinances
to control campaign contributions and expends
an essential prerequisite of an ordinance was
for the City Council a
Expenditures Control
He stated that the
adopted by other cities
tures but he felt that
that it be enforceable
In order that the City might convince the courts of the City's reason-
able attempts to deal with the "evils" involved, the City Attorney
added a provision that the Council shall appoint a committee to study
the working of this ordinance at the next General Municipal Election
and to report its findings and recommendations to the Council This
provision should serve to convince the courts that the City was
seeking a balance between the rights of the individual and the rights
of people in election campaigns and that the City intended to review
the problems constantly until a fully workable solution could be
found The City Attorney said that he was submitting this ordinance
to the Council at this time as a matter of information and for direc-
tion from the Council concerning the next step to be taken in the
process of developing a final ordinance
City Council Minutes
February 4, 1974
Page 11
The City Council then began to review the proposed ordinance on a
Section by Section, line by line basis, but the Mayor stated that
due to the lateness of the hour, he did not feel that they could
complete the project by the official deadline of 12 00
' Councilman Norris stated that he wished the record to show that not
only should money contributed or spent on a candidate be reported,
but also any volunteer service or time spent, should be included and
given a monetary value He also felt that everyone should be protected
under the Federal Constitution He also objected to the filing of the
names of solicitors' agents, Section 4504
Due to the time element, the Council discussed the best approach to
allow citizens input to the development of the final ordinance The
City Clerk suggested that one way of getting this information before
all the people of the community was to take the draft ordinance, have
it published in its entirety in the local newspaper several weeks
before the hearing by the City Council, additionally have several
hundred copies available at the Council Chamber the night of the
hearing so that everyone would have the exact same document for
consideration at a public hearing
On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the
City Council accept the draft ordinance as submitted by the City
Attorney, advertise the draft ordinance for public distribution and
set April 22, 1974 for a public hearing on the ordinance Motion
carried All Ayes
C -1 Payment authorized for claims against the City of San Luis
' Obispo for the month of January, subject to approval by the Admtnis-
trative Officer
C -2 The City Council approved the following contract payments
Walter Bros Const Co
MADONNA ROAD CULVERT ENLARGEMENT
C
P N 23 -74
Est
#6
$3969
07
C C
0 N1
$2132
40
Est
N7 (Final)
$4389
05
Walter
Bros Const Cc
PREFUMO
CHANNEL MODIFICATION
C
P N 7 -74
Est
N4
$ 526
57
C C
0 N1
$1845
00
Est
N5 (Final)
$4681
51
CONTRACT PAY ESTIMATE
Mid -State Const Co Est #4 $13,605 06
SENIOR CITIZENS CENTER
ADDITION
C -3 Communication from John D Nettleship, Chairman, Advisory
Committee on Joint Recreational Use of School District Property regarding
request to lease two chemical toilets for use at Sinsheimer Park during
the baseball season Request approved with understanding that Account
No 400 2 Utility Tax contractual services might have to be replenished
later
C -4 On motion of Councilman Gurnee, seconded by Councilman Graham,
the following resolution was introduced RESOLUTION 2559, a resolution
of the Council of the City of San Luis Obispo appointing City clerk,
City Council Minutes
February 4, 1974
Page 12
J H Fitzpatrick as acting Treasurer, and authorizing Accountant -
Operations Officer, Rudolph C Muravez, Jr , to sign checks on behalf
of the City
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES None
ABSENT None
C -5 Request for authorization from the City to advertise sale
of surplus City owned property on Laurel Lane adjacent to Fire House
III Councilman Gurnee objected to the selling of this property as
he felt that it first should be checked by the various departments
of the City to see if there were any future use and he felt that there
might be a use by the Library for expansion to a branch library If
it were still surplus after review by these various departments, then
he would have no objection to the City selling the property but he
felt that it should be zoned to its highest and best use
On motion of Mayor Schwartz, seconded by Councilman Gurnee, the matter
was referred to the departments to see if the property was still con-
sidered surplus to the City's needs
Mayor Schwartz left the meeting
C -6 On motion of Councilman Gurnee, seconded by Councilman '
Norris, that the City Council approved the request of Steven Ruegnitz,
General Manager, KCPR -FM, Cal Poly, that the old San Luis Obispo
Police Department radio tower would be given to the school with no
charge, if it were approved by Cal Poly, as it served both a municipal
purpose and a public purpose
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris
NOES None
ABSENT Mayor Schwartz
The Mayor returned to the meeting
C -7 Request from Charles A Pratt Const Co for an extension
of time for the Higuera Street and Los Osos Valley Road Extension,
Street, Water, Sewer and Drainage Improvements, City Plan No 27 -73 for
various reasons approved
C -8 R D Miller, Administrative Officer, announced the appoint-
ment of Sidney D Bartholow as Police Officer at Step 1 or $816,
effective 2/1/74, subject to one year's probationary period
Appointment acknowledged
C-9 Communication from Public Utilities Commission regarding
application of SWIFT AIRE LINES, INC for an Ex Parte Order to increase
intrastate passenger fares was ordered received and filed
C -10 Quitclaim Deed and agreement (Higuera Street Widening) from
Chorro Lodge No 168, 1 0 0 F , a corporation, authorized Mayor to
record and authorized staff to proceed with work based on the accepted
agreement
City Council Minutes
February 4, 1974
Page 13
C -11 Claim against the City of San Luis Obispo by Reed E
Sherman based upon wrongful discharge from his employ with the
City of San Luis Obispo on January 1, 1973, denied and referred to
insurance carrier
C -12 Claim against the City of San Luis Obispo by Bradford J
Caligari for damage done to his vehicle when hit by officer in
pursuit of another car denied and referred to insurance carrier
C -13 Communication from Larry D Kurmel, Administrator,
Relocation Assistance Program, Dept of Housing and Community
Development, forwarding the State Relocation Guidelines, under
legislative mandate, these guidelines must be adopted with /without
amendments) by local jurisdictions by March 7, 1974, referred to
the City Attorney
On motion of Councilman Gurnee, seconded by Councilman Graham on
consent items not separately voted on
AYES Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES None
ABSENT None
B -1 The City Clerk reported on bids received for Waterway
Obstruction Abatements, City Plan No 34 -74 Bids opened January
30, 1974, at 3 00 p m City Clerk, J H Fitzpatrick, reported to
' the City Council that they should reject the low bid of DeLackner
Fires which was in violation of City bid specifications, in that
neither the company nor any principal of the company possessed a
State Contractor's License, nor did a call to the State Contractors'
License Board show that any application was on file or being considered
by the State of California Therefore, the low bid of Walter Bros
was recommended to the City Council for adoption at $3,675 00 The
Engineer's Estimate for the project was $4,050 00 and would come from
Account No 7 Capital Outlay
On motion of Councilman Gurnee, seconded by Councilman Graham, that
the low bid of Walter Bros be accepted and that the bid of DeLackner
Fires be rejected for non - compliance with bid specifications
B -IA Protest from Van W Laurn for the removal of the tree to
the rear of 514 -518 Higuera Street, Item No 5 on the bid summary was
referred to the City Staff to clarify and either remove or not remove
depending upon the property owner's intention
TC -1
74 -2 -1C Recommendation that parking be prohibited from 8 00 a m to
Om weekdays on west side of Augusta in front of two apartment
houses while under construction
On motion of Councilman Gurnee, seconded by Councilman Norris, the
following resolution was introduced RESOLUTION NO 2560 1974 Series)
a resolution of the Council of the City of San Luis Obispo establishing
temporary parking restrictions on Augusta Street
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Gurnee, Norris and Mayor Schwartz
NOES Councilman Graham
ABSENT None
City Council Minutes
February 4, 1974
Page 14
TC -2
74 -2 -2T Recommendation that two 36 minute parking spaces be
authorized in front of Nearly New Furniture, 1301 Broad Street
TC -3
74 -2 -3T Recommendation for one 36 minute parking space be
authorized in front of Pink Poodle Salon, 222 High Street
TC -4
74 -2 -4T Recommendation for two red parking spaces south side
of Murray, east of Santa Rosa
On motion of Councilman Gurnee, seconded by Councilman Graham,
the following resolution was introduced RESOLUTION NO 2561
(1974 Series), a resolution of the Council of the City of San Luis
Obispo establishing shorttime parking on Broad Street and on High
Street, and restricting parking on Murray Street
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES None
ABSENT None
TC -5
74-2-5T Recommend centerline striping and turning pockets for
Los Osos Valley Road between Madonna and Prefumo Canyon Roads and
that Traffic Engineer be given blanket authority to make similar
installations in the future, subject to certain conditions
On motion of Councilman Gurnee, seconded by Councilman Graham, that
the City Council set a public hearing to convert the west side of
Los Osos Valley Road to no parking with a bike lane to be included
Motion carried
TC -5A
74 -2 -5AT Request of the City Engineer that he be authorized to place
and maintain minor traffic control devices, channelization and lane
striping, without prior specific Council approval
On motion of Councilman Gurnee, seconded by Councilman Graham, the
following ordinance was introduced and passed to print ORDINANCE
NO 606 (1973 Series), an ordinance of the City of San Luis Obispo
amending the municipal code to authorize the City Engineer to make
certain lane and roadway markings and install traffic markers
without prior council approval '
Passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES None
ABSENT None
TC -6
City Council Minutes
February 4, 1974
Page 15
74 -2 -6T No action taken on recommendation against allowing right
angle parking in Oceanaire Court cul de sac in violation of City
Ordinance
TC -7
74 -2 -7T No action taken on Council discussion of two -way (never
intended as "two- way ") bicycle lane on the east side of Los Osos
Valley Road and possible liability of the City if this is established
R A Paul, Water De artment Director, reported to the City Council
on Assembly Bill 2 3, stockponds introduced by Assemblyman Nimmo,
which would blanket various stockponds in the Salinas River Basin
without the necessary permits and hearings as required Mr Paul
reported that the Bill was proceeding, had gone by public hearing
and had passed the Assembly and now was before the Senate and urged
the City Council to again take a strong stand objecting to this bill
The City Council stated that they would pursue the objection of this
Bill and to notify the Senate, and the staff was authorized to
immediately contact the State Senator and inform him of the City
Council's feeling
City Clerk, J H Fitzpatrick, brought to the Council's attention
proposed legislative action on the Soby Decision which was Decision
in the 1972 California Court of Appeals where a city was held liable
for compensation payments for payment of temporary and permanent
disability to a fireman who sustained heart trouble fifteen months
after the date of his retirement Since this landmark court decision,
' filings had been rushed into courts, including a 74 year old policeman
who retired in 1952 and filed for compensation benefits for a heart
attack suffered in 1973 The City Clerk stated that the State Compen-
sation Insurance Fund was asking Council support to Assembly Bill 2119
which would close the loopholes opened by the Soby Decision There
was no intention by the State Compensation Fund to stop anyone from a
legitimate filing for a work related case, but not to come back years
later
On motion of Councilman Gurnee, seconded by Mayor Schwartz, that the
City go on record wUpor Assembly Bill 2119 and so notify the
City's representatives
On motion of Councilman Brown, seconded by Councilman Graham, the
meeting adjourned to 7 30 p m , Monday, February 11, 1974
APPROVED July 16, 1974
H iZPATRICK, CITY CLERK
it
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
February 11, 1974 - 7 30 P M
CITY HALL
' Pledge
Roll Call
Present Councilman Brown, Graham, Gurnee and Norris and
Mayor Schwartz
Absent None
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller, Admini-
strative Officer, A J Shaw, Jr , City Attorney,
D Williamson, Assistant Administrative Officer,
R A Paul, Water Department Director
---------------------------------------------------------------------
I Mayor Schwartz announced that the purpose of the meeting was
to formally respond to the Januray 21, 1974, request of the County
Engineer that the City determine if it is interested in Joining
with other local agencies in the Nacimiento Water Project
Mayor Schwartz reviewed for the City Council a brief summary of the
City's present water supply from Salinas Reservoir, and local sur-
face water diversions He reviewed the present water reserves
that the City had to sustain future growth The resources were
apparently sufficient to support the needs of the City projected
to the year 1984 He also discussed the future needs of the City
for supplemental water to serve the needs of a growing city through
to year 2000 He then reviewed the Master Water Plan of the County
of San Luis Obispo, which envisioned developing supplemental water
supplies from the Nacimiento River and the Coastal Branch Aqueduct
of the State Water Project In reviewing the County Master Plan
for water, he listed the needs of the various cities and communities
of the county and using a county map, he explained the proposal of
the County for development of both the Nacimiento source and the
State water source He also reviewed for the City Council the
present contractual arrangements that San Luis Obispo County had
with the State and the involvement of Santa Barbara County for
mutual development of the Coastal Aqueduct Branch of the California
Water Plan Originally it had been intended that construction of
the State's Aqueduct would start in late 1975 and be completed for
both counties by 1980 Subsequently, the County Board of Supervisors
of Santa Barbara County had asked that the State defer implementation
of the water plan for a least two years
Mayor Schwartz stated that the issues before the City Council this
evening were
' (1) to go with the Nacimiento plan, a part of the County
Water Plan, with a City allocation of 2,930 acre feet
per year as suggested by the County Engineer's Office,
(2) go with the Nacimiento Plan and ask for an additional
allocation of water from the County to carry the City
beyond the year 2000,
(3) not go with the Nacimiento Plan as a contracting partner
in anticipation of developing alternate sources of
supply such as the State Water Project
City Council Minutes
February 11, 1974
Page 2
Mayor Schwartz noted that surplus of water from the Nacimiento
Project might be available to the City as a condition to the use
of the City's portion of Whale Rock Reservoir, or by lease from
the other participating agencies
The City Council discussed some of the details of the Mayor's
presentation on the City's participation in some project to
supply supplemental water to the City, either through the Nac,rmiento
proposal or by the already adopted State water plan coastal aqueduct
Mayor Schwartz opened the meeting to public participation
Clinton Milne, deputy county engineer, appeared before the City
Council and complimented Mayor Schwartz on his detailed knowledge
of the County Master Water Plan He noted the proposal of the
County Board of Supervisors to immediately take steps to implement
The Nacimiento water supply portion of the County Plan He stated
that the county and various agencies and cities in the county were
moving ahead with this plan For example both the cities of
Paso Robles and Morro Bay had endorsed the concept of the project
and had indicated a willingness to participate The advisory group
of Baywood Los Osos and the Board of Directors of Atascadero Water
Mutual Company had also endorsed the project and had requested that
their areas be included in the zone of the county flood control
and water conservation district for project implementation
Clinton Milne continued that because of the substantial lead time
needed prior to initial water deliveries for a project of this
magnitude, it was the county's aim to request voter approval for
issuance of bonds at the General Election to be held in November
1974, and he reminded the Council that in order to meet the schedule,
any agency wishing to be included, must formally express an interest
o be included in the project by February 15, 1974 March, April
and May of 1974, the County Board of Supervisors would form a zone
of the county flood control and water conservation district to
handle the Nacimiento water supply June 1974, the Supervisors
would approve the ballot measure that would be submitted to the
voters and November 5, 1974 would be the General Election for
voter approval or rejection After voter approval of the bond
financing, negotiations for firm water contracts for agencies in the
zone must be completed These contracts would become effective
only when signed by a number of agencies to insure a feasible
project Until such contracts were executed, no obligation would
be incurred by the participating agencies He therefore asked
the City Council to make the following decision (1) endorse the
concept of the project and (2) request the County Board of Super-
visors to form a zone of the county flood control and water con-
servation district „which would include the City of San Luis Obispo
Wally Burt, County Engineer's office, reviewed the City's projected
population and water need to the year 1995 He felt that the
estimated cost of water from the present project figures from
Nacimiento would be $63 per acre foot, estimated cost at the Whale
Rock Reservoir less the $18 per acre foot they estimated for
Whale Rock storage, which would be a cost of $45 to the City of
San Luis Obispo less the pumping cost from the Reservoir to the
City, which he then estimated at $15 per acre foot, making an
estimated total cost of $60 per acre foot to the City of San Luis
Obispo Therefore, he felt that 3,000 acre foot per year of water
from Nacimiento would cost the City of San Luis Obispo $180,000
per year, but 3,000 acre foot of water from the State project would
cost $480,000 per year, including the Nacimiento entitlement
He felt that his brief analysis of comparative costs should tip
the cost to Nacimiento which would be cheaper than State water
City Council Minutes
February II, 1974
Page 3
R A Paul, Water Department Director, noted that his office had
worked closely with the County Engineer's Office in review of the
very limited cost data that was presently available He believed
that all parties involved recognized that present cost estimates
might be subject to extensive future modification, but that the
' present available cost information can provide a valid comparison
of costs between alternate projects such as the Nacimiento Project
and the State Coastal Aqueduct Branch
R A Paul continued that, although he had not been given an oppor-
tunity to review Mr Burt's cost figures prior to the Council meet-
ing, he believed the methods used in determining the costs were
erroneous and could therefore result in an incorrect conclusion -
particularly in comparing the Nacimiento Project with the State
Coastal Aqueduct Branch
In comparing the county's Nacimiento Project costs with the State's
Coastal Aqueduct Branch costs, R A Paul noted that
A The county unit cost figures were based upon the annual average
unit cost of water, whereas the State unit cost figures were based
upon the equivalent annual unit cost Comparing the unit costs of
the two projects by using the dissimilar methods of calculations
results in an erroneous apparent economic advantage for the Nacimiento
Project
B The county construction estimates were based upon mid -1973
construction costs, whereas the State's unit cost figures were
based upon a projection of expected costs during the actual con-
' struction period Comparing the costs of the two projects without
considering the effect of construction cost escalation for the
Nacimiento project results in an erroneous apparent economic advan-
tage for the Nacimiento Project
C Mr Burt's cost figures included an estimate of the value of
storage that the City would realize by use of the Whale Rock
facility But, in order to provide a comparable basis for evaluation,
this effect must also be included in the evaluation of the State
Project costs
R. A Paul continued that the unit costs of supplemental water,
as developed in City Water Department Report No 1 -74, indicate
the following ranking of project alternates based upon cost
considerations
Ranking Project Estimated Cost per Acre
Foot
I State's Coastal Aqueduct, $ 95 00
Joint Project with Santa
Barbara County
2 County's Nacimiento Pro- $116 00
ject, deliveries through
existing facilities
3 State's Coastal Aqueduct $146 00
individual project
4 County's Nacimiento Pro- $166 00
ject, additional deliver-
ies through new facilities
City Council Minutes
February 11, 1974
Page 4
These costs had been submitted to the County Engineer's Office more
than a month prior to the City Council meeting, and apparently
had the concurrence of the County staff until Mr Burt's presen-
tation R A Paul stated that, based upon presently available
information, it was his opinion that both the short and long range
costs to the City for supplemental water supplies could be more
economically met by the State's Coastal Aqueduct than by the Na-
cimiento Project
9 20 P M Mayor Schwartz called a recess
9 35 P M meeting reconvened, all Councilmen present
Bill Broadbent, representing CEBES, reviewed some of the details
of cost presented by the County Engineer
Art Wilson,:Secretary Manager of the San Luis Obispo County Build-
ing Contractors' Association, stated that the Board of Directors
of the Association urged the City Council to accept the invitation
of the San Luis Obispo County Board of Supervisors to join..the
Lake Nacimiento water project and to receive when available an
allotment of water from that source The almost unanimous desire
of the large contractor membership was to have the City of San
Luis Obispo participate in the Lake Nacimiento project in order to
assure an adequate source of water at the earliest possible date
The Board felt that this was a safe and sensible decision to sustain
the economy and to protect the jobs of many hundreds of individuals
in the building industry in San Luis Obispo Also, the Building
Contractors' Association Board of Directors felt that this action
did not close the door to future possible acquisition from the
California State water sources
Mayor Schwartz questioned Art Wilson as to his awareness of the
effect of the Nacimiento Project upon possible future curtailment
of the State's Project and the resultant limit upon City growth
that could result
Fred Strong, Manager CEBES, asked the City Council to look into all
facets of water supply before commiting themselves to any water
supply option either the Nacimiento or the State water supply
He felt that in the future the county plan would shift from Na-
cimiento to the State plan, which would allow agricultural
developers to buy Nacimiento water while the cities and other
urban areas could use State plan for municipal and industrial uses
He hoped that the Council would look to helping the area around the
City to get water in view of the City's intention to keep the
agricultural land as-open space on the conservation element in
accordance with the City plans
Steve Patterson, member of the City Planning Commission, asked for
clarification of details for implementation of the State water
plan to serve San Luis Obispo County
Mayor Schwartz again reviewed the State water plan and the timing
' for its implementation
Donald Smith urged the City Council not to make a decision on
such an important item under pressure which would effect all the ci-
tizens of the county and of the City for many years to come
Nick Musick, Cal Poly student, urged the City Council to consider
using reclaimed water from the sewer plant for domestic purposes
There being no further comments in the audience, Mayor Schwartz
closed the public portion of the meeting and restricted further
discussion to the City Council and staff
City Council Minutes
February II, 1974
Page 5
Councilman Gurnee stated that he was opposed to the Nacimiento plan
due to the fact that all contractors would not run out of water at
the same time He felt that all contractors should have pro-
portional allocations so that all would run out at the same time
and that other supplemental sources could be located for implemen-
tation He also understood that at this time no environmental
impact report had been submitted for the effect the Nacimiento
would have on the county He also felt the project costs had
not been carefully prepared He also felt the oounty was asking
for a blank check from the voters for this plan Further, the
Whale Rock Dam and project had not been included in the cost of
the project He also felt that it was unfair for some contractors
to pay less for water than other partners He felt that the project
is being sold in too much of a hurry without adequate information
He suggested that the county be asked to contnnue this decision
until all the facts were in and all costs and allocations of
water had been contracted for He also felt that the plan should
be rejected due to its growth inducing potential
Councilman Norris stated that he felt the City of San Luis Obispo
should try and go ahead with Santa Barbara County and develop the
State plan which was best for all of San Luis Obispo County But
he felt that upon testimony presented to this date, that this was
impractical due to North County cities and the coast wishing to
proceed with the Nacimiento project On this basis, he felt the
best route for the City of San Luis Obispo would be to endorse the
Nacimiento project, if some type of fairer allocation of costs
could be made for delivery to each contractor He concluded that
the Nacimiento project was the only viable project available to
the City at this time, and that the City of San Luis Obispo should
move ahead and he would endorse the Nacimiento project as proposed
' Councilman Brown stated that he felt the greatest benefit of the
Nacimiento plan would be to the North County cities and Morro
Bay He felt that the best interests of the City of San Luis
Obispo lay in the State water plan which was cheapeF and more
reliable and it was something that the County could grow into
Councilman Graham stated that he was in support of the State water
plan and felt we should support the State plan with Santa Barbara
County as he felt this was a more reliable and predictable source of
water for the City of San Luis Obispo
Mayor Schwartz felt that the City of San Luis Obispo could
acquire a temporary allocation for Nacimiento project surplus water
as a condition to the use of the Whale Rock project excess storage
He felt this might be fair to help the county plan until other
contractors needed the water, and this would take care of the City
of San Luis Obispo through the critical period until the State
water plan could be implemented He felt that the City of San
Luis Obispo would be making a mistake in going with the county
Nacimiento plan He also felt that the county allocation of costs
to each contractor was unfair, as the City of San Luis Obispo
would apparently be paying the highest cost and would be subsi-
dizing cities such as Paso Robles, Atascadero, Templeton, Morro
' Bay and the Bay -Osos area He felt that our best supply was from
the State plan and that San Luis Obispo should cooperate with
agricultural interests surrounding the City and in the South
County areas and go along with Santa Barbara and implement the
State plan
M
City Council Minutes
February II, 1974
Page 6
On motion of Councilman Gurnee, seconded by Councilman Graham
that the City Council of the City of San Luis Obispo notify the
county Board of Supervisors that the City of San Luis Obispo did
not wish to be included in the proposed zone for implementation
of the Nacimiento Project and that therefore its participation
would be limited to cooperating in the use of the Whale Rock
Project storage and perhaps contracting for the temporary use of
Nacimiento Project surplus waters
Motion carried on the following roll call vote
AYES Councilmen Gurnee, Graham and Brown, and
Mayor Schwartz
NOES Councilman Norris
ABSENT None
2 Continued discussion of the Open Space Element of the
General Plan was again continued to the Regular Meeting of February
19, 1974
3 City Clerk reported on the following bids received
for supplying equipment to the City of San Luis Obispo in accordance
with advertised specifications Bids opened Thursday, February
7, 1974 at 10 00 A M
SEQUOIA MACHINERY
P 0 Box 271
Fresno, CA
ITEM NO I
Front End Loader
Street Department
ITEM NO 2
Rotary Mower
Park Department
• : •
LOUGEE- MICHAEL
$ 8,700
00
$3,586
00
427 W Betteravie Rd
1,500
00
LESS
82
00*
Santa Maria, CA
$ 7,200
00
NET
$4,668
00
*To be added for
options required in
specifications
INTERNATIONAL HARVESTOR CO
$ 7,843
00
$4,910
00
P 0 Box 3447
1,243
00
LESS
Anaheim, CA
$ 6,600
00
NET
WALLACE MACHINERY
$10,550
00
NO BID
P 0 Box 1220
750
00
LESS
Santa Maria, CA
$ 9,800
00
NET
KOIVISTO EQUIPMENT, INC
$10,518
19
NO BID
P 0 Box 1370
1,800
00
LESS
Santa Maria, CA
$ 8,718
19
NET
RYAN EQUIPMENT CO
$10,160
00
NO BID
665 W Betteravia Rd
1,300
00
LESS
Santa Maria, CA
$ 8,860
00
NET
DEVIATIONS FROM SPECIFICATIONS
LOUGEE- MICHAEL
Item No I - John Deere 302 A Loader - Delivery approximately 45
days
Item No 2 - Woods Model D315 - 15 foot batwing rotary mower -
Deltvery approximately 60 days
1
1
City Council Minutes
February II, 1974
Page 7
INTERNATIONAL HARVESTOR CO
Item No I - Engine 46 net horsepower
Power Take -off 540 r p m at 2100 engine r p m
Loader 3000 lb lift capacity
Delivery On or before March I, 1974
Item No 2 - Delivery 60 - 90 days A R 0
WALLACE MACHINERY
Delivery 190 days
KOIVISTO EQUIPMENT, INC
Item No I - IHC Model 2500 Series A, w/2050 A Loader - Delivery
120 days AR0
RYAN EQUIPMENT CO
Item No I - Case 580 - B, 4 -speed forward - Delivery
60 - 90 days
R D Miller, Administrative Officer, reported to the City Council
that the low bidder, International Harvestor Co , did not meet
specifications in horsepower, power take -off requirements and /or
lifting capacity Therefore, he recommended that the second
bidder, Lougee - Michael Equipment Co , for a John Deere Loader be
accepted He recommended that the low bid of Lougee - Michael on the
rotary mower for the Park Department be accepted
On motion of Councilman Graham, seconded by Councilman Gurnee that
the low bid which met the specifications of Lougee - Michael on the
loader be accepted and also the low bid on the rotary mower be
accepted
Motion carried
R D Miller, Administrative Officer, brought to the Council's
attention a request for permission to call for bids to be opened
on February 25, 1974, to supply safety equipment in accordance with
specifications for the City Police Department including weapons,
belts, hand - cuffs, etc
On motion of Councilman Norris, seconded by Councilman Brown the
request of the administrative officer was accepted, bids were
authorized, and call for bids was approved
Motion carried
There being no further business to come before the Council, Mayor
Schwartz declared the meeting adjourned
APPROVED May 20, 1974 ' .�-s�
tzpatn ck, City Clerk
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
February 19, 1974 - 7 00 P M
City Hall
Pledge
Roll Call
Present John C Brown, Myron Graham, T Keith Gurnee,
Jesse 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, R A Paul, Water Department Director,
E. L Rodgers, Police Chief
------------------------------------- ------------------------ - - - - --
I At this time the City Council considered the FINAL
PASSAGE OF ORDINANCE NO 599 An ordinance of the City of San
Luis Obispo amending the zoning ordinance, (1) to permit non-
profit private clubs and lodges in all zones except M -R subject
to use permit and defining private clubs and lodges, and (2) to
require use permits for restaurants with an occupancy load of
over 100 persons
David Williamson, Assistant Administrative Officer, suggested that
section 2 of the proposed ordinance be amended to clarify fraternity
and fraternity houses within the listed zones He felt that
section 2 of the ordinance did not clarify this point
A J Shaw, Jr , City Attorney, stated that in his opinion if the
Council wished to change the wording in section 2 that it would
not require re- advertisement, as he felt it was a clarification of
the intent rather than the meaning of the section as proposed by
the City Council
Councilman Gurnee stated that he was opposed to the suggested
change in wording in section 2 as he felt the new wording dis-
criminated against student housing and fraternities He felt
the ordinance whould be re- worded in order to clarify any
possible confusion that would lead to discrimination against
the student
Mayor Schwartz declared the public hearing open
No one appeared for or against the proposed ordinance
Mayor Schwartz declared the public hearing closed
On motion of Councilman Graham, seconded by Councilman Norris the
ordinance was finally adopted as amended on the following roll
call vote
AYES Councilmen Graham, Gurnee and Norris
NOES Councilman Brown and Mayor Schwartz
ABSENT None
2 The City Council considered the FINAL PASSAGE of
City Council Minutes
February 19, 1974
Page 2
ORDINANCE NO 605 An ordinance of the City of San Luis Obispo amend-
ing the Municipal Code to permit wooden signs in Fire Zone I
Mayor Schwartz declared the public hearing open
Norone appeared for or against the ordinance
Mayor Schwartz declared the public hearing closed
On motion of Councilman Norris, seconded by Councilman Graham the
ordinance was finally passed on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris
and Mayor Schwartz
NOES None
ABSENT None
3 Council considered the FINAL PASSAGE OF ORDINANCE 606
An ordinance of the City of San Luis Obispo amending the Municipal
Code to authorize The City Engineer to make certain land and roadway
markings and install traffic markers withou prior Council approval
Mayor Schwartz declared the public hearing open
No one appeared for or against the ordinance
Mavor Schwartz declared the public hearing closed
On motion of Councilman Brown, seconded by Councilman Graham the ordi-
nance was finally passed on the following roll call Vote
AYES Councilmen Brown, Graham, Gurnee, Norris
and Mayor Schwartz
NOES None
ABSENT None
4 The City Council continued their discussion of
re- wording and amendments to the proposed Open Space Plan as presented
to the City Council by the Planning Commission
Mayor Schwartz suggested that the Council might first open the meeting
for public input, after which time the meeting could then be closed
and the City Council could discuss the best method of reviewing the
Open Space Plan in order to have it finally approved and adopted by
the Council
Mayor Schwartz opened the meeting for discussio to public input
Mrs GlennaDeane Dovey, President of the League of Women Voters of San
Luis Obispo, presented a statement on behalf of the League of Women
Voters reaffirming the League's position on open space, and they would
now like to update their initial statement in light of the proposed
amendments to the plan She continued that members of the League of
Women Voters supported the preservation of scenic and open spaces in
our City by either outright acquisitions, easements, or similar pro-
grams The League felt that the agricultural lands in and around
San Luis Obispo constituted an important open space and scenic
resource and felt that Goal 3, page 22 of the original plan should be
retained by the City Council She continued that the League of
Women Voters realized that methods of implementing planning decisions
1
LJ
1
City Council Minutes
February 19, 1974
Page 3
were constantly changing and that the City might well have to explore
several avenues of effectuation to reach any single stated goal They
felt that there were great developmental pressures upon agricultural
lands in and near San Luis Obispo, and the League therefore supported
' all feasible methods of maintaining these lands They also asked the
City Council to support the designation of Lopez Canyon as a federal
wilderness area, and to protect the Morros as they were a unique
scenic and open space feature of the County and deserved to be
preserved In conclusion, she stated on behalf of the League of Women
Voters that the Council should be commended for taking the time for
serious evaluation and discussion of a document so important to the
future of the community They now urged the City Council to adopt the
Open Space Element with the amendments which would recognize the con-
cerns that had been outlined and to charge the Planning Commission
with the task of preparing a comprehensive program of implementation as
soon as possible
Robert Barrows, Meinecke Street, spoke in favor of the Open Space Plan
and he urged protection of the agricultural lands in and around the
City of San Luis Obispo
Howard Basinger supported the City acquiring the Laguna Lake Golf
Course as an open space for the community
James Maino, farmer in the southeast edge of the City, urged the City
Council to be aware of the benefits open space gave to an urban area,
and urged the Council to support the farmers before the County Board
of Supervisors in their attempt to lower the ag- preserve limits to
a ten year contract rather than the present 20 -year preserve contract
' Mayor Schwartz closed the meeting to public participation and limited
discussion to the City Council and staff
The City Council then discussed what would be the best way to go over the
Open Space Plan with the amendments and suggestions made by Councilman
Gurnee and Councilman Norris so that it could finally be adopted by the
Council
Councilman Norris stated that he felt that except for a few major items
he was ready to proceed with adoption of the plan
Councilman Gurnee stated that he disagreed and that the Council should
go through the plan line by line and come to a decision on each principle
as he felt that this ,plan was important to the future development of
the City
Councilman Brown felt that he would rather continue this to a future
study session so that the plan could be completely and competently
reviewed and noT at a normal public meeting of the City Council
Councilman Graham agreed that the Open Space Plan should be considered
at a future study session prior to final adoption
Mavor Schwartz felt the staff should take the Planning Commission's
' report on the open space, Mr Norris' comments and Mr Gurnee's
statements, place them together and then allow the City Council to
_ pick and choose which section they wished to adopt and include in the
Open Space Plan
Councilman Gurnee again urged the Council to do the work on the plan
themselves and not expect the staff to do the re -write and bring back
a package for adoption
It was moved by Councilman Graham that the City Council set a study
City Council Minutes
February 19, 1974
Page 4
session starting at noon at a date acceptable to the City Council,
continuing through the afternoon to try and resolve the Council
differences on the Open Space Plan The motion was lost for lack
of a second
Councilman Gurnee, upon question of the Mayor, stated that he wished the
reporT to be studied in detail by the City Council and he listed
items that should be considered as the preface of the report, definitions,
objectives of the report, the agricultural lands, the recreational
lands to include a policy statement, the recognition of hazard areas,
priorities for open space acquisition, consideration ofllimited
development below elevation 460, and a program of implementation, such
as purchase lease back, the land bank program, land exchange, tax
incentive, Tax increment financing, and deed restrictions and finally
an in -depth discussion of methods for financing of the open space
He felt these were areas that the City Council must look to and make
decisions
Mayor Schwartz felt the Council was getting nowhere with this proposal
and asked the Council to allow him to work with the City staff to
work out details and bring back to the City Council a draft that would
contain all comments made by the Council, staff and public To date
for final consideration
On motion of Councilman Norris, seconded by Councilman Brown, the Mayor
was authorized to work with the staff and prepare a consolidated open
space report including all comments to date for future discussion by
the City Council Motion carried, Councilman Gurnee voting no
4A Communication from D J Van Harreveld, Chairman, '
Parks and Recreation Commission, recommending that the City Council
consider taking over the operation of the golf course on Los Osos
Valley Road by the Recreation Department but they felt that the City
should arrange a short -term lease between the City and the property
owners so that sufficient time would be made to study the proposal. and
the feasibility of either operating or purchasing The area as a golf
course
4B Communication from the City Attorney stating that he
had been in contact with representaTives of the Rockwell Federal
Credit Union, owners of the property on which the Laguna Lake Golf
Course was located, staTing that they would consider an offer from the
City to lease the golf course for six months in order to undertake a stu-
dy on the feasibility of purchasing said course
4C Communication from Francis C Mueller, resident, Laguna
Lake Mobile Homes Park;urging - the City to take over the operation of the
Laguna Lake Golf Course as th'e present lessor was giving up the lease
March I, 1974
4D Petition signed by 517 residents in the Laguna Lake
area, as follows
"_We, the residents living in-the general area of the Laguna Golf Course,
petition the City of San Luis Obispo City Council to amend the City
General Plan and map to designate the property known as Laguna Golf
Course as recreational open space for The purpose of recreational
development for the citizens of San Luis Obiso "
Bill Bailey, Royal Way, spoke on behalf of the petitioners who wished
the City Council to preserve the Laguna Lake Golf Course as a recreational
open space either as a City operated golf course as a new park or
just simply as open space
City Council Minutes
February 19, 1974
Page 5
8 15 P M D F Romero, City Engineer, arrived and took his place at
the staff table
Mavor Schwartz reviewed the legal steps necessary to amend the General
Plan as requested by the petitioners
' Francis Mueller appeared on behalf of his letter asking the City Council
to acquire the Laguna Lake Golf Course
)t �i I - it• YII t"7wi 1 -
A J Shaw, Jr , City Attorney, presented the proposed lease with the
Rockwell Federal Credit Union for City lease of the Laguna Golf dourse
Howard Besinaer, Royal Way, spoke in support of the City keeping the
golf course an open space either by outright City purchase or by
zoning He volunteered to help the City negotiate with the property
owners -
Bob Schroeder, Cucaracha Court, spoke in support of keeping the
Laguna Golf Course either as a City operated recreational golf course
or as open space zoning
Jerry Punches, Royal Way, was in support of the City acquiring the pre-
sent Laguna Golf Course and either operating it as a golf course or
using it as a park He felt that the Laguna area needed an open space
on that side of Los Osos Road for recreation by the residents and
he felt that the City had made no attempt to develop open space or
recreational facilities for the citizens and taxpayers in this newly
developed area He personally was not interested in keeping the
golf course -as such, but Just wanted the open space for his kids to
play in
Mrs Marilyn Cooper, Royal Court, urged continued operation of the golf
course adjacent to Royal Way to be developed for open space and recreation
Dewitt F Sampson, 1326 Oceanaire Drive, was in support of keeping the
golf emursa �i n -operationt,ttes) r l5 Was' heeded for the recreational use of
the residents of the area He felt that a park and golf course were
compatible
4 James Clark, Fairview Drive, spoke in support of contin-
uing the open space recreational area as now presently used for a
golf course He was not particularly interested in the golf course
but was interested in the open space
George Hedley, Operator, Laguna Lake Mobile Home Park, spoke in support
of keeping the golf course either as a golf course or open space park
He felt the City should make a decision now and not wait until after
the course was closed
The City Council discussed the matter brought to them to purchase or
acquire the interest in the Laguna Lake Golf Course and either continue
the golf course or operate it as open space
Councilman Gurnee stated that he was in support of the City acquiring
the golf course properity for open space either as a park, golf course'
or just plain open space
Councilman Norris stated that he was not in favor of the City acquiring
the land at this time without further study, as he felt there were other
needs scheduled by the City Council in the Capital 4mprovement Budget
for public funds for recreational development He listed Sinsheimer
Park, tennis courts, swimming pools, etc
City Council Minutes
February 19, 1974
Page 6
Councilman Norris was also in support of either letting the property
owner take over the course by either a holding company or by forming
an assessment district for such purposes
Mayor Schwartz felt the citizens should take the position that the City
would not acquire the golf course and that they should proceed with the
planning commission to amend the General Plan and pursue with the Parks
and Recreation Commission a change in the Park and Recreation Tpriority
listing of the Capital Improvement program He further felt t�ie�i�y
cou d en procee with a possible six -month lease as a holding action
to determine final disposition by the City on whether to acquire the
property or to amend the zoning and general plan map, eTc
The City Council asked the staff to proceed with the Mayor's suggestion
for a temporary six -month lease on the golf course with a view To
further studies being made by the Parks and Recreation Commission, Plan-
ning Commission, and the citizens and property owners in the area for
retaining this area as open space
Mayor Schwartz called a recess at 9 15 P M
9 30 P M , the meeting reconvened with all councilmen present
5 The Council considered a memorandum from the City Engineer -
sumbitting two alternates for providing a bike lane and parking
restrictions on the westerly side of Los Osos Road between Madonna Road
and the northerly City limits
Alternate A - would eliminate all parking on the westerly side of Los
Osos Valley Road
Alternate B - would allow the continuation of parking and provide
slightly narrower bike lanes, travel lanes and channelization islands
on Los Osos Valley Road
As far as the public works department was concerned„ the City Engineer
stated that both of these alternates would function i,n an acceptable
manner He then submitted sketches for the Council's consideration of
alternate Plan A and B
Councilman Gurnee stated that he would support alternate A as he felt
that this was an opportunity to establish a bike path on a mayor city
streeT before complete development
Councilman Norris stated he was in support of alternate B as he felt
this would give both bike paths and the tenants and residents of the
area a place to park
Councilman Brown stated he, too, would support alternate B as being
fairer to the property owners and would still give the bike path room
Councilman Graham stated that he would support Alternate B
Mayor Schwartz felt the City Council should adopt -lplan A in order to
eliminate any conflict of parking automobiles with cyclists using the
bike paths He felt if the Council adopted alternate B they would be
making a mistake He also fell that alternate A should be conTinued
from the westerly City limits on Los Osos Valley Road To Higuera Street
E L Rogers, Police Chief, stated that the minister of the Church
on Los Osos Valley-,Road stated That he had sufficient off - street parking
and that he would have no objection to the restricted parking The
Police Chief also recommended the City Council adopt alternate A if
They were going to put a bike path in for the safety of the cyclists
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City Council Minutes
February 19, 1974
Page 7
Councilman Brown stated he felt that the Los Osos Valley Road would carry
large volumes of traffic in the future and on that basis would support
alternate A in an attempt to protect the cyclists
On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the
City Council adopt Plan A as presented and set a Public Hearing for the
March 4, 1974 Council meeting
AYES Councilmen Brown, Gurnee and Mayor Schwartz
NOES Councilmen Graham and Norris
ABSENT None
The staff was asked to begin studying the possibility of including
bike lanes-on Los Osos Valley Road from City limits to Higuera Street
5B Memorandum from City Attorney A J Shaw, Jr., recommending
that the City Council, when establishing bicycle lanes, should do so
by, ordinance rather fhan resolution, and he cited Section 21207 of the
California Vehicle Code Under the provisions of this section, the
City may regulate the speed of motor vehicles and bicycles in the
bicycle lanes, establish right of way rules favoring the bicycle, and
make such other provisions as are deemed necessary to protect and
regulafe the bicyclists: Fie felt That an ordinance enactment was
preferable to a resolution because it could then be enforced as a
misdemeanor violation
The matter'was received'and filed to be considered at the.time the
' Council takes action of the bike paths
6 Council consideration of criteria established by the
various City departments for determining overburdened City facilities
David Williamson, Assistant Administrative Officer, submitted.first copies
of the criteria established by the various departments for overburdened
facilities
The City Engineer• submitted criteria-for sewage, sewage treatment plant,
sewer lift station and the sewer collecTion.sysrem
W E Flory, Director Parks and Recreation, sumbitted criteria and
standards for local park and recreation facilities
E L Rogers, Police Chief, submitted departmental criteria to accomodate
community development
Lee Schlobohm, Fire Chief, submitted a report on fire protection stan-
dards
R A Paul, Water Department Director, submitted a preliminary engineering
information report on standards and criteria for municipal water distri-
bution system improvements
' Mayor Schwartz stated that as the City Council 'tad not received the
standards and criteria packages from the various departments until
Just prior to tonight's meeting, he felt it would be difficult or
nearly impossible for the City Council to discuss the standards and
criteria intelligently or to even consider adopting said criteria
David Williamson,Assistant Administrative Officer, explained the methods
used by the staff in arriving at the proposed standards and criteria
He concluded he felt based on information given to the Council this
CiTy Council Minutes
February 19, 1974
page 8
i5
evening in these reports, a developer or builder could not understand
why a development was turned down due to overburdened facilities Additional
information is needed to really make this information useable
Councilman Norris questioned some of the conclusions arrived at by the
City staff in determining the overburdened facility criteria
Councilman Gurnee felt that receiving the information so late from the
staff, it was impossible to fairly analyze the criteria and standards
presented and to discuss them with the public
Councilman Brown stated that ,lust briefly looking at the reports on standards
and criteria since receiving them prior to the meeting, he felt the staff
should look into all of these reports, clarify and simplify the criteria and
standards in a single document rather than individual segments by departmenT
Councilman Graham felt that standards and criteria should be condensed, put
into more readable order and sent out to the City Council prior to the March
4, 1974 meeting L_•.,
Mayor Schwartz agreed that more staff work should be done to condense and
clarify theounformation for,ease,of understanding by the public and the City
Council He said that in the IitTle time he had to look at the material during
the meeting, he felt that the staff had done a terrific•,lob of gathering a
great amount of information, but he felt that it would be quite complicated
for the average person to digest He hoped that some of This information would
be placed graphically on maps and charts so they would more readily understood
by all persons interested The staff was instructed To re -study and prepare a
condensation for the City Council's consideration at the March 4, 1974 hearing
on overburdened facilities
7 Communication from D R Griffith - Vice president and general
manager, SLO Transportation Co regarding some of the conditions of Resolution
No 2551, 1974 Series, a resolution accepting the bid of SLO Transportation Co
for a one year transit operation and feasibility study D R. Griffith stated
that in the discussions and in the offer or bids made offering a transit system
for the City, several conditions were listed in the resolution that were not
part of the negotiations or in the bid
Item I Regarding the vehicles being washed and vacuumed daily,
they did not plan to do this.although the buses would
be kept clean and in good appearance at all times and would
be washed and vacuumed as needed
Item 2 Vehicles would be radio equipped He felt that this had been
discussed at the negotiation meetingibut this had nOT been
an offer of the company and that if they were required to
install radios on all the buses, then there vould have to
m.- The some kind Ofi•aneincrease in the rate in order to pay for
This cost
Otherwise, all other conditions of the resolution as adopted
were acceptable and further, 'the buses -were ordered and hopefully would be here
by the first of April
D F Romero, City Engineer, speaking on behalf of the Mass Transit Committee,
stated that at no time did the transportation company offer to install radios
in their buses, but that this had been discussed and possibly assumed as the
company also operated the cabs which were radio equipped He felt that this
was not a condition of the original negotiations
On motion of Mayor Schwartz, seconded by Councilman Brown, the following resolution
1
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City Council Minutes
February 19, 1974
Page 9
was introduced
RESOLUTION NO 2565 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO SUPERSEDING RESOLUTION NO 2551 ACCEPTING THE
BID OF DOYLE GRIFFITH FOR THE OPERATION OF A TRANSIT
SYSTEM FOR A ONE(0) YEAR PERIOD AS PART OF A TRANSIT
SYSTEM FEASIBILITY STUDY.
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris, Mayor
Schwartz
NOES None
ABSENT None
S Petition from 16 residents on the north side of the 700
block of Meinecke Street requesting that the-City of SLO replace the side-
walk on the street that had been removed from the center of the street original-
ly and further that the sidewalk be no more than four feet wide
Margaret C Maxwell, 732 Meinecke Street, appeared before the Council on be-
half of the petitioners, stating that when the center island with sidewalks
was taken out of Meinecke Street by the City, had been purportedly to help
the traffic flow, they were promised by the City,that at the time when side-
walks were needed, the City would replace them on one side of Meinecke Street.
She and her neighbors now would like the City to keep this promise and place
sidewalks on Meinecke Street for the safety of pedestrians
R D Miller, Administrative Officer,- stated that he did not feel the City
was obligated to replace the sidewalk legally, but under the conditions that
the sidewalks were removed, the City could install them as a service to the
citizens of the area
D F Romero, City Engineer, explained the conditions of the street if sidewalks
were installed and the various widths of installation
Councilman Brown stated that if the property owners wished the sidewalks
installed, they might be willing to contribute land for the sidewalk so as
not to narrow the street width
Mayor Schwartz suggested that the staff look into the background of this
matter and report to the City Council He also asked that sketches be pre-
pared showing Meinecke Street with _various alternates to sidewalk widths,
driveway ramps,-etc
9 Memorandum from the Waterways Planning Board - meeting
February I, 1974, and calling for Council action on two matters
I The Waterways Planning Board recommended that the Council
_ consider removing drainage culverts on Old Garden Creek
' at Mission Street and at Mountain View Street
On motion of Councilman Norris, seconded by Councilman Gurnee that the re-
commendation be referred to the traffic committee for study of the effect
the street closing would have on traffic and also the effect it would
have on the fire department I
2 The Waterways Planning Board recommended that an
additional section be added to the Policies and Standards
for Flood Plain Management
City'Council "Minutes
February 1'9,'1974
Page 10
On motion of Councilman Gurnee, seconded by Councilman Brown, the following
resolution was introduced
RESOLUTION NO 2566 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ADOPTING AMENDED POLICIES AND STANDARDS
FOR FLOOD PLAIN MANAGEMENT
Passed and adopted on following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris, and
Mayor Schwartz
NOES None
ABSENT None
The Waterways Planning Board determination regarding the Boriack property
should also be brought to City Council attention, in order that the Council
might direcT the staff as to procedure to be followed regarding pursuing the
installation of this drainage project next summer
The matter was referred to an executive session, and the City Clerk was
instructed to notify Mrs Boriack that this matter was again under consideration
by the City Council I I -
10 Communication from the Environmental Center of San Luis
Obispo County - requesting that the City Council extend the lease to the En-
vironmental Center at the fire training site for another 12 months The
Environmental Center stated that they were now taking up 'less space at the
fire training site through the use of smaller containers and the fact they were
trying to ship out the newspapers as regularly as they could to avoid huge
accumulations
Finally, the fence slats had now been received and would soon be installed
which would make the area much more attractive
Mrs Elizabeth Webre, represenTing ECOSLO, appeared before the City Council
submitting financial statements for 1973 and suggesting that the CiTy Council
extend the ECOSLO's lease at the fire training site on a monthly basis rather
than an annual basis in order to keep the pressure on the environmental center
to find a new location
L M Schlobohm, Fire'Chief, recommended that the request of the environmental
center for an extension of 12 months on their lease at the fire training
site be denied on the basis that the Fire Department would be awarding a contract
in 60 - 90 days for a project to pave The major portion of the training center
for use as a_driver training course and other training facilities He felt
the recycling operation, if continued at the present location would make IT
extremely difficult, if not impossible, to complete the paving project as
planned He did not feel that the agreement should be extended unless it
could be shown that the Environmental Center had been complying with all sections
of the existing agreement with the City
On motion of Mayor Schwartz, seconded by Councilman Brown, thaT.the City Council
extend the lease to the Environmental Center of San Luis Obispo County on a
month to month basis with the Fire Department and ECOSLO to work out details
of operation such as changing the location of the ECOSLO equipment and the '
Mayor was authorized to execute the lease on behalf of the City
Passed on the following roll call voce
AYES Councilmen Brown, Graham, Gurnee and Norris and
Mayor Schwartz
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City Council Minutes
February 19, 1974
Page II
NOES None
ABSENT None
CONSENT ITEMS
C - 1 Claims against the City of San Luis Obispo The City Council author-
` ized payment subject to the approval of the Administrative Officer
C - 2 The minutes of the City Council meetings ofi ember 51 12, 19 and
26, 1973, and January 14 and 28, 1974 , were approved
C - 3 The communication received from Kathy Scala requesting permission to
discuss with the City Council a matter of dumping of trash near 1353 Pismo
Street, was referred to the City Engineer and the Water Department Director for
report of methods to correct the problem
C - 4 The City Council reviewed a memorandum from A J Shaw, Jr City
Attorney, regarding relocation assistance guidelines (Agenda Item C - 13,
February 4, 1974) The Council accepted the recommendation of the City Attorney
and referred the matter to the Citizens' Advisory Committee.
C - 5 Regarding the communication received from the Police Department in
reference to a Federal Grant on intelligence officers for the Police Department
(Section 301, Crime Bill and Safe Streets Act of 1968), the following action
was taken
On motion of Councilman Gurnee, seconded by Councilman Graham, the following
resolution was introduced
' RESOLUTION NO 2564 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING THE CHIEF OF POLICE TO APPLY TO
CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR A GRANT
FOR LAW ENFORCEMENT PURPOSES
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 Councilman Norris, seconded by Councilman Gurnee, the
request of the Planning staff regarding Play Equipment at Meadow Park which
requested authorization to advertise for bids to complete this project was
approved
C - 7 In regard to the memorandum from the Planning staff regarding paving
material at Meadow Park, the Council accepted the recommendation and approved
the change order in the amount $1,500, on motio6-of Councilman Norris, seconded
by Councilman Graham
C - 8 A memorandum was received from E L Rogers, Chief of Police,
regarding San Luis Transportation, Inc (Yellow Cab) taxicab advertising
(continued from December 17, 1973)
On motion of Councilman Gurnee, seconded by Councilman Graham, the following
ordinance was introduced
ORDINANCE NO 607,0974 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TO DELETE
THE REQUIREMENT THAT THE REAR OF TAXICABS DISPLAY THE
NAME OF THE CAB COMPANY
City Council Minutes
February 19, 1974
Page 12
Introduced and passed to print on the following roll call voce
AYES Councilmen Brown, Graham, Gurnee and Norris
and Mayor Schwartz
NOES None
ABSENT None
C - 9 The Peace and Freedom Party application to use Laguna Lake Park
facilities (electricity) on February 24, 1974, from 10 a m to 6 p m to �-
hold a concert and voter registration rally was approved by the Council subject
to established sound criteria for Laguna Lake Park The application had the
prior approval of William Flory, Parks and Recreation Department
C _ '10 On motion of Councilman Gurnee, seconded by Councilman Graham, the
following ordinance was introduced
ORDINANCE NO 608 (1974 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
THE MUNICIPAL CODE TO REQUIRE A PLUMBING PERMIT FOR
THE CONSTRUCTION OF WELLS, ESTABLISHING STANDARDS
THEREFOR, AND DECLARING WELLS IN VIOLATION THEREOF TO
BE PUBLIC NUISANCES
Introduced and passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Norris
and Mayor Schwartz
NOES None ,
ABSENT None
C - II The Council approved payment of court costs for defendants Matno
and Flagg in the condemnation for street widening at University Square Payment
was approved as required by State Law
C - 12 The Council considered a Grant Deed from Lawrence S Ames, Joost
Vanadelsberg and James F Southerland for street widening from Willow Creek
Mobile Home Park (Bullock Lane) The City Council accepted the deed and
authorized the Mayor to record same
C - 12A The Council considered a Deed of Easement from Lawrence S Ames,
Joost Vanadelsberg and James F Southerland for street widening for Bullock
Lane The City Council accepted the deed and authorized the Mayor to
record same
C - 13 The Council considered a covenant for temporary erection of improve-
ments within the public right of way from P R Del Vaglio and L Del Vaglio The
City Council accepted the covenant and authorized the Mayor to record on behalf
of the City
C - 14 - R. D Miller, Administrative Officer, announced the appointment of
Donald W Pratt as Police Officer starting at Step I or $816 effective
February 16, 1974, subject to a one -year probationary period The City
Council acknowledged the appointment
C -15 The following salary increases were approved effective March I, 1974
Daryl G Andrews - Police Officer
From Step 2 or $860 to Step 3 or $910
Richard E Bosserman - Police Officer
From Step I or $816 to Step 2 or $860
City Council Minutes
February 19, 1974
Page 13
Clifford Chelquist - Police Sergeant
From Step 4 or $1,070 to Step 5 or $1,130
Ellis A Fitler - Mechanic I
From Step I or $712 to Step 2 or $750
C - 16 The report by the Assistant Administrative Officer, D Williamson,
on staffing and use of consultants for planning work, was set for Council study
and review at 12 10 p m , Tuesday, February 26, 1974
On motion of Councilman Gurnee, seconded by Councilman Brown, Consent Items
1 -16, excluding 6 and 7 were approved Consent Item 6, approved ona motion
of Councilman Norris, seconded by Councilman Gurnee Consent Item 7 approved
on moTion of Councilman Norris, seconded by Councilman Graham The vote in
each case was unanimous
B -1 The following bids were received for POLICE FACILITY CARPORT EXTENSION,
CITY Plan No 28 -74 Bids opened February 13, 1974 at 2 00 P M
Engineer's Estimate $4,268 00
WALTER BROS CONST CO 9,971 00
San Luis Obispo, CA
WHEELER CONST 11,423 00
San Luis Obispo, CA
The City Council discussed the disparity in the two bids received - both
being more than twice the engineer's estimate, and asked for clarification
' of type of construction The Police Chief, E L Rogers, spoke in support
of the extension of the carport and explained some of the construction details
to the City Council
On motion of Councilman Norris that the City reject all bids Motion lost
for lack of a second
On motion of Councilman Gurnee, seconded by Councilman Brown that the bids
received be rejected and that the building be re- calculated to see if more
economical construction could be arrived at
Motion carried Mayor Schwartz voting no
On motion of Councilman Graham, seconded by Councilman Brown, the City Clerk
was granted permission to be absent from the State of California during the
month of March, 1974
Motion carried
On motion of Councilman Brown, seconded by Councilman Graham, that the City
Council adjourn to Monday, February 25, 1974 at 7 30 P M and toi12 10 P.M ,
Tuesday, February 26, 1974
City Council adjourned to executive session
There being no further business to come before the Council, the meeting
adjourned
APPROVED June 3, 1974
FPTZPATRICK, CITY CLERK
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
February 25, 1974 - 7 00 P M
City Hall
Pledge
Roll Call
Present John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Mayor Schwartz
Absent None
City Staff
Present David Williamson, Assistant Administrative Officer,
J H Fitzpatrick, City Clerk, William Flory, Director
Parks and Recreation, R D Miller, Administrative
Officer, A J Shaw, Jr , City Attorney
Unified School Board Members
Present Boardpersons Hysen, Maino, Morris, Nagano, Warden,
Weinstein
Absent Boardperson Froggatt
Staff Member Present
Assistant Superintendant Perko
-------------------------------------------------------------------- - - - - --
I Communication from the Park and Recreation Commission stating
that the possible leasing of Laguna Lake Golf Course was discussed by the
Park and Recreation Commission at a special meeting held February 20, 1974
The Park and Recreation Commission recommended to the City Council that
the City negotiate with the Laguna Lake Golf Course owner for a six -month
lease- option agreement At that time, the City staff in conjunction with
Laguna Lake residents would conduct an investigation during the six -month
period to determine the feasibility of
1) Continuation of golf course operation by the City
2) The need for open space in the general area
3) The need for a neighborhood park
A J Shaw, City Attorney, briefed a letter from the Rockwell Federal
Credit Union, owners of the property, stating that it was their feeling
that the Board of Directors of the Credit Union would authorize a six -
month lease on the property in order for the City to study the
feasibility of acquiring the property for either continued use as a golf
course or for open space However, they wished to go on record stating
they were desirous of selling the property and hoped that the lease
would be favorable for future purchase by the City
Communication from A F Spring, former City Councilman, reminding the
City Council that, although recreation topped the agenda for this
Council meeting, they should keep in mind priorities that had been
going unanswered for many years within the City Particularly, he
wanted to bring to the Council's attention the matter of drainage
along Broad Street at its intersection with Mission street He stated
that this project had been long in discussion but had never been brought
to fruitation in order to protect the properties and property owners in the
general area While he was not opposed to recreation, he felt the City
Council should set some priorities to correct deficiencies before
making recreation improvements to the community
City Council Minutes
February 25, 1974
Page 2
William Flory, Director of Parks and Recreation, submitted a preliminary
report on what he felt would be the expenditures and the revenues from
City operation of the golf course for a six -month period He continued
that there were people in the present Park and Recreation Department
who had expertise and knowledge and could operate this kind of golf course
hopefully aT a profit both for the City and for the taxpayers
Councilman Gurnee stated that while he was in favor of leasing, or
even buying, The land on which the golf course now sits, he felt that he
was opposed to the present proposal, as he put it, "Getting the City
into the golf business " He felt the City had no right getting into this
type of operation He concluded by saying that he did not come to the
meeting prepared to vote the City into the golf business He felt that the
City had not prepared sufficient analysis into the proposed operation
before asking the City Council for their approval
On motion of Graham, seconded by Brown, the following resolution was
introduced
RESOLUTION NO 2567
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING STAFF TO CONVEY A CONDITIONAL OFFER
TO LEASE LAGUNA LAKE GOLF COURSE FOR SIX (6) MONTHS,
WITH AN OPTION TO PURCHASE
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
2 At this time, the City Council held a Joint meeting with the
San Luis Coastal Unified District Board of Education to hear and discuss
the master plan prepared for Sinsheimer Park Recreational area and to
review plans for the restroom,spressbox and concession stand buildings
W E Flory, Director of Parks and Recreation, presented a letter from
the Parks and Recreation Commission stating that the Park and Recreation
Commission had held a special meeting on February 20, 1974, with
members of the City staff, representatives from the Design Reveiw
Board, the Advisory Committee on Joint Recreational Use of School
Property, and interested citizens for the Adoption of the Master Plan
for Sinsheimer Park It was the unanimous decision by the Park and
Recreation commission, that the Master Plan prepared by the consultants
be recommended for adoption to the City Council and School Board with
the following modifications
1) The parking lot in Johnson playground be redesigned
to front along Southwood Drive
The parking area at the entrance to Sinsheimer park on
Southwood Drive be re- designed This area was adjacent to
the Swim Center and open turf ampitheater
2) The Master Planner considered a maximum number of
tennis courts -in the upper level of Sinsheimer Park
Master Plan, the two lower tennis courts near the
handball facility be left on the MasTer Plan be left
on for future development
3) A minimum number of temporary parking spaces be
designed in the parking area off Helena Street cul de sac
1
1
1
City Council Minutes
February 25, 1974
Page 3
4) Overflow parking turf be extended to include the
area behind the pressbox, restroom and concession
building, into the softball diamond area
5) Proposed road extension and parking adjacent to
Southern Pacific Railroad be dependent upon easement
- or property acquisition
W E Flory, Director of Parks and Recreation reviewed for the City
Council and School Board members present, the history to date of the deve-
lopment of the Sinsheimer Park and playground on a portion of the Sin -
sheimer Elementary School site
Mr Harry Nagalawara and Senli Yano representing Wilsey and Ham, Planning
Consultants for the Sinsheimer Park, reviewed the studies made by their
firm, including the area study, input by the Citizens' committee, School
Board, and Park and Recreation Commission They reviewed studies made by
their firm in arriving at the relationship of the various proposed acti-
vities such as the baseball field, the Olympic size swimming pool, ten
tennis courts, four handball courts, locker and shower facilities,
thirteen picnic areas, restrooms, playground and equipment, meeting area,
volleyball courts, horseshoe pitfand 320 parking spaces The two repre-
sentatives of the consultants reviewed various plans in studying the
relationship of the land to the various activities proposed The City Council
and School Board members discussed with the representatives of the Master
Planners various elements they had presented for the development at
Sinsheimer Park
Ted Maino, Chairman of the School Board, siated he felt as far as the School
S Board was concerned, they would accept the Master Plan concept as presented
- ` Councilman Gurnee read conditions of the original lease with the school
board and stated he felt the plan as presented this evening was too
ambitious He said he did not feel that the proposal met the needs of
a neighborhood park, and as a community recreational area, he felt it was
poorly located He most strongly opposed the planned construction of a
large swimming pool in this area He felt that a swimming pool should
be to an area of more need and he suggested that the swimming pool
should be placed in Meadow Park He also felt that if the City was
going to pay for tennis courts, they should not all be placed in one
area, but be spread throughout the City in the various recreational
areas
Councilman Graham also felt that the facilities planned for Sinsheimer Park
were a bit extravagant He felt that the size of the pool was much too
large for a small community, and he also felt that locating it at Sin -
sheimer Park was wrong
R D Miller, Administrative Officer, explained the present Council
policies in the Capital Improvement Program for development of Sinsheimer
Park
Councilman Brown stated that he was in support of the facilities shown
on the Master Plan, and felt that actual construction of the facilities
should be studied at the time financing was available He reminded
everyone present that what was being considered at this time was a Master
Plan for future development
Councilman Norris stated that he was in support of the Master Plan
and felt the Plan should be adopted for implementation and increments
as funds become available He thanked the School Board for their coopera-
tion in developing this plan He hoped that a number of tennis courts
City Council Minutes
February 25, 1974
Page 4
could be put in immediately as he felt that there was an immediate need
in the community for this type of facility He,urged adoption of the
Master Plan as presented
Mayor Schwartz felt the Master Plan was a reasonable development for the '
property He felt that the facilities shown would make The park a
major recreational asset for the community,-,He felt that the recommenda-
tions of the Parks and RecreaTion Commission should be accedpted and the
Master Plan should be amended to consider future widening on Del Campo
Blvd if the.park developed.in that area He also suggested that pos-
sibly a road should be improved from the parking lot behind the baseball
field along the area between the softball diamond and baseball field,to the
lower recreational areas for ease in maintenance and( overflow parking
Mrs Pat Barlow, Chairwoman, Human Relations Commission,-submi,Tted The
folio-ving statement on behalf of the Human,Relation Commission
"The Human Relations Commission urges compleiton of the Meadow
Park project, including tennis courts, swimming pool and com-
munity service center before any of those items are installed
in any other locations for the following reasons
The San Luis Obispo Senior High School grounds are equip-
ped with,baseball, track, football fields, tennis courts
and swimming pool .
2 'The San Luis Obispo Junior High School grounds are equip-
ped with baseball and football fields and tennis courts,
3 The Sinsheimer- Johnson Park is geographically not situated I
in an area of town suitable for use by residents other than
the immediate neighborhood east of the railroad track ED
4 The greater and growing populaTion is on the westerly side
of the railroad tracks There are no similar tennis courts
or swimming pools other than the afore - mentioned ones for use
of residents on the west side of the railroad tracks
5 Numerous residents have petitioned the City for development
of Meadow Park
Therefore, the Human Relations Commission has reaffirmed its posiTion
on Meadow Park and we urge the construction of tennis courts, swim-
ming pool, and community service center before any of these items
are installed in any other location in the City "
On motion of Councilman Graham, seconded by Councilman Norris that the
City Council adopt the Master Plan of Sinsheimer Park, prepared by Wilsey
& Ham, dated 1973 with the following amendments
I The parking lot in
Johnson Playground
be re- designed to front
along Soughwood Drive
Secondly, the
parking area at entrance
to Sinsheimer Park
on Southwood Drive
be re- designed This
area is adjacent to
swim center and open turf amohitheater
2 The master planner
consider a maximum
number of tennis courTS
'
in the upper level
of Sinsheimer Park
Master Plan, but two
lower tennis courts
near the handball
facility be left on
y
Master Plan for future
development
3 A minimum number of temporary parking spaces be designed in
park area off Helena Street cul -de -sac
City Council Minutes
February 25, 1974
Page 5
4 Overflow parking turf be extended to include area behind press
box, restroom and concession building into softball diamond
area
5 Proposed road extension and parking adjacent to Southern Pacific
Railroad dependent upon easement or property acquisition
6 Widening of east side of Boulevard Del Campo adjacent to park
7 Design a path thru the park from the main parking lot along
the baseball field to the lower parking area that may be
used as a connecting link by vehicles
8 Extension of access road along the easterly side of The school
corporation yard as near to the creek as possible, subject to
control of school district
Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
On motion of Michael Morris, seconded by Carl Hvsen the San Luis Coastal
Unified School District Board of Education adopt the Master Plan of Sin -
sheimer Park, prepared by Wilsey and Ham, dated 1973 with the following
amendments
' I The parking lot in Johnson Playground be re- designed to front
along Southwood Drive Secondly, the parking area at entrance
to Sinsheimer Park on Southwood Drive be re- designed This area
is adjacent to swim center and open turf amphithearer
2 The master planner consider a maximum number of tennis courts
in the upper level of Sinsheimer Park Master Plan, but two lower
tennis courts near the handball facility be left on Master Plan
for future development
3 A minimum number of temporary parking spaces be designed in
park area off Helena Street cul -de -sac
4 Overflow parking turf be extended to include area behind
press box, restroom and concession building into softball
diamond area
5 Proposed road extension and parking adjacent to Southern
Pacific Railroad dependent upon easement or property ac-
quisition
6 Widening of east side of Boulevard Del Campo adjacent to park
' 7 Design of a path thru the park from the main parking lot along
the baseball field to the lower parking area, that may be used
as a connecting link by vehicles
8 Extension of access road along the easterly side of the school
corporation yard as near to the creek as possible, subject to
control of school district
City Council Minutes
February 25, 1974
Page 6
Motion carried on the following roll call vote
AYE` S� Morris, Hysen, Maino, Nagano, Warden, and Mrs Weinstein
NOES None '
ABSENT Mrs Froggatt
2A W Flory, Director of Parks and Recreation, presented
to the City Council plans for the restroom, pressbox, and concession stand
directly behind the baseball park at Sinsheimer recreational area as shown
on the approved Master Plan and stated that the school board, the doing
Commission on Recreation and the Park and Recreation Commission had previous-
ly gone on record recommending that The City Council accept the plans and
authorize the preparation of final plans and call for bids as he felt the
cost was not getting any cheaper Mr Florey submitted a IetTer from Mr
Richard Burke, contractor, President of the Richard Burke Corporation say-
ing that he was unable to attend this evening's meting but that he and
several other construction contractors had reviewed the buildings under
discussion at this time for Sinsheimer Park and felt that the building
as designed which was of low maintenance, first -class quality construc-
tion would be in the cost area of $84,000 00 And he, too, urged the
City Council to proceed as costs were bot being reduced
Representatives of Wilsey and Ham, planning consultants, reviewed in de-
tail the proposed pressbox, concession stand and restrooms to be under
consideration at this time
Councilman Gurnee felt the plan was excellent, buildings were quite '
atTractive but felt that this park had no need for a pressbox and conces-
sion stand He felt it was too elaboraTe for a small neighborhood park
within the stated $400,00 00 agreed City expenditures between the City
and the school district
There being no further discussion on motion of Norris seconded by Graham,
that the City Council approve the plans and authorize proceeding with
the working drawings and a call for bids
Motion carried, all ayes Gurnee voTing no
On motion of Norris seconded by Graham, the soil engineer was authorized
to proceed with the soil tests now that the Master Plan has been completed
Motion carried
3 Following bids received for furnishing the following
listed equipment for specifications to the City Police Department
Three bids received
B I D S U M M A R Y
Following bids recieved for furnishing the following listed equipment, per specifications for City Police Department
(Bids opened 2 00 P M , February 25, 1974)
ITEM NO DESCRIPTION
F MORTON PITT COMPANY
UNIT PRICE NET PRICE
'THE CAKE COMPANY CALIFORNIA ELECTRONIC POLICE EQUIP
UNIT PRICE NET PRICE UNIT PRICE NET PRICE
1
30
Weapons
$76
50
$2,295
00
$71
69
$2,150
70
2
30
Sam Browne Belts
9
73
291
90
11
98
359
40
3
30
Handcuff Cases
4
59
137
70
5
35
160
50
4
30
Handcuffs
10
25
307
50
10
80
324
00
5
30
Ammo Pouches
4
91
147
30
5
04
151
20
6
30
Baton Rings
73
21
90
81
24
30
7
30
Key Holders
1
95
58
50
2
45
73
50
8
30
Whistles
90
27
00
79
23
70
9
120
Belt Keepers
60
72
00
70
84
00
10
30
Flashlights
2
95
88
50
3
45
103
50
II
30
Raincoats
24
30
729
00
17
05
511
50
12
8
Nameplates
2
30
18
40
1
40
11
20
TOTAL
$4,194
70
iy37977-50—
Deviations
(1) F Morton Pitt
Company
-
NONE (Bidding Tex
Shoemaker Leather)
(2) The Cake Company
-
NONE
(3) California Electronic
-
Item 11 -
IPO Rain
Gear (Tex Shoemaker
Leather)
M
$73
45
$2,203 50
10
24
307 20
4
30
129 00
10
25
307 50
4
60
138 00
67
20.10
1
82
54 60
1
05
31 50
56
1-6-7 220
-0-
-0-
22
95
688 50
-0-
-0-
X3,896 70
I_
City Council Minutes
February 25 _J974
Page 8
Richard D Miller, Administrative Officer, recommended that The low
bid of The Cake Co. be accepted as it met all specifications of the
bid On motion of Gurnee, seconded by Graham, the low bid of Cake Co
was accepted Motion carried, all ayes
On motion of Gurnee, seconded by Graham the meeting adjourned to 12 10
P M Tuesday, February 26, 1974
APPROVED August 19, 1974
F�fi,!PATRICK, CITY CLERK
1
ri
Minutes
Adjourned Meeting of the City Council
City of San Luis Obispo
Tuesday, February 26, 1974, 12 15 P M
Roll Call
Present Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, David Williamson, Assistant Administrative
Officer, Pat Gerety, Associate Planner
1 The City Council met in adjourned session to hear a review by David
Williamson, Assistant Administrative Officer, on a lengthy analysis of
the City of San Luis Obispo's Department of Planning and Building and a
recommendation from the Assistant Administrative Officer on various
methods of improving the management and operation of the Planning and
Building Department
David Williamson reviewed the background of the existing department
organization and presented his conclusions and recommendations on the
Planning and Building Department
The City Council discussed with Mr Williamson various aspects of his
report and asked for clarificaTion of his recommendations and his analyses
in several instances
'
Councilman Gurnee stated
he objected to the report and the
recommend-
ations included He felt
that nothing new had been added
to the report
which had been previously
made to the City Council over a
year ago on
the reorganization of the
Planning and Building Department
He then
reviewed what he felt were
areas lacking discussion in the
proposed
reorganization
Councilman Brown felt the report was acceptable as a first sTep for
organizing a viable Planning and Building Department
Councilman Graham felt that the Williamson report was a good first step
to the organization of an adequate planning function for the City He
also felt that Mr Williamson should continue to coordinate the community
development activities of the City
Councilman Norris stated he would give full support to the Williamson
report and recommendation He felt that this would make for a stronger
City organization for future development for planning and for develop-
ment
Mayor Schwartz felt that the Williamson report was well done and to the
point for developing a community development organization But he continued
that the Council was still looking for a more comprehensive re- evaluation
' of the development function of the City, but felt that the City should
implement the recommendations made today
Councilman Gurnee then submitted a report to the City Council on what he
felt were failings in City organization as he saw it today and reviewed
some of the problems that have occurred in the past which would not have
occurred with proper organization
R D Miller, Administrative Officer, commented on several of the items
brought up by Councilman Gurnee in his criticism of the City operation
including the fact that in the interest of economy an earlier push had
not been made for qualified assistance
On motion of Councilman Norris, seconded by Councilman Brown, that the
City accept the Williamson report and recommendations as presented and
authorize implementation of the recommendations Motion carried with
Councilman Gurnee voting "no "
2 On motion of Councilman Norris,
following resolution was introduced
authorizing the Administrative Offi
equipment from Account 219, General
„ I -
Passed and adopted on the following
seconded by Councilman Brown, the
RESOLUTION NO 2583, a resolution
:er to purchase certain Police safety
Fund - -Prior Year Commitment '
roll call vote
AYES Councilmen Brown, Graham, Gurnee, Graham, and
Mayor Schwartz
NOES None
ABSENT None
3 On motion of Councilman Graham, seconded by Councilman Norris, the
meeting adjourned to 12 10 P M on Friday, March 1, 1974 Motion carried
APPROVED May 20, 1974
GJ H Fk2 atrick, City Clerk
1
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
March I, 1974 - 12 15 P M
City Hall
Pledge
Roll Call
' Present John C Brown, T Keith Gurnee, Myron Graham
and Mayor Schwartz
Absent Jesse Norris
City Staff
Present J H Fitzpatrick, A J Shaw, Jr , David
Williamson, William Flory
------------------------------------- ------------------------- - - - - --
I A J Shaw, Jr , City Attorney, reviewed for the City
Council, the proposed lease between the City and Rockwell Federal
Credit Union for the golf pro shop, snack bar, and golf course
commonly known as-Laguna Lake Golf Course located on Los Osos Road
in the City of San Luis Obispo
Total rent for the period March I - August 31, 1974 to be $5,000 00
with $833 33 payable on the first day of each month The City
Attorney explained that the first 13 conditions of the lease were
usual conditions, but that item 14 was added which reads
14) "Upon termination of the lease, the lessee
' shall deliver back to the lessor, all furniture,
fixtures and equipment listed herein in good condition
and repair, reasonable wear and tear excepted
15) Lessee shall not change the contour of the
demised land nor dig any drainage ditches or canals
upon said land without first obtaining the written
consent of lessor thereto
16) Lessee is hereby given an option to purchase the
demised premises and all furniture, fixtures and
equipment thereon for the sum $260,000 00 cash
Said option may be exercised anytime prior to August
31, 1974, by written notice to lessor sent by
certified mail, plus deposit of the sum of $10,000 00
in an escrow at any bank or title company in San Luis
Obispo with usual escrow provisions The balance
Of The purchase price shall be payable upon close
of escrow Said escrow shall close not more than 60
days after it has opened
17) It is understood that lessor is in the process
of obtaining good title to the furniture, fixtures and
equipment in accordance with the Bulk Sales Law
(U C C 6101 -7) and that the actual transfer of
such title to lessor shall take place on March II,
1974, if no substantial claims of credit are received "
Added to the lease is an inventory of equipment, fixtures and sup-
plies of the Laguna Lake Golf Course and Pro Shop
City Council Minutes
March I, 1974
Page 2
Mr Shaw also presented a report prepared by Richard D Miller,
Administrative Officer, projecting fiscal effects of golf course
operaTion by the City Some of the figures for the operation
estimated an average increase of about 30% activity, and with ,
good City operation and consequent public acceptance, golf course
experts feel that it may be possible to increase by 100%
The Administrative Officer submiTted a projected golf course
budget for estimated revenue and expenditures for The period March
I to August 31, 1974 and then a projected operational budget for
September" I, 1974 to August 31, 1975
On motion of Gurnee, seconded by Graham, the following resolution
was introduced
RESOLUTION NO 2568 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A SIX MONTHS LEASE
OF LAGUNA LAKE GOLF COURSE WITH AN OPTION TO
PURCHASE AND AUTHORIZING THE MAYOR TO EXECUTE
SAID LEASE
Passed and adopted on the following roll call vote
AYES T Keith Gurnee, Myron Graham, John C Brown
and Mayor Schwartz
NOES None ,
ABSENT Jesse Norris
On motion of Gurnee, seconded by Graham, the City was authorized
to purchase all stock in trade in the Pro shop and snack bar
including the golf clubs and equipment for 5499 00
Mon on carried, Councilman Norris absent
Mavor Schwartz thanked the representatives from Rockwell Federal
Credit Union for their cooperation in arranging the lease
2 David Williamson, Assistant Administrative Officer,
reviewed very briefly some of the proposals submitted by the
Planning Consultants who had been asked to submit proposals for
an update of The Ciry's General Plan He explained some of the
criteria that he had established in asking for proposals, and stated
that written report would follow on each individual proposal with
recommendations by the City Staff
3 On motion of Graham, seconded by Brown, the meeting
adjourned
APPROVED May 20, 1974
J I itzparrick, City Clerk
Pledge
Roll Call
Present
Absent
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
March 4, 1974 - 7 00 P M
City Hall
John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Mayor Schwartz
None
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, D Williamson, Assistant Administrative
Officer, W Flory, Parks Department Director,
R A Paul, Water Department Director, E L Rodgers,
Police Chief, D Romero, City Engineer and
L Schlobohm, Fire Chief
I At this time the City Council held a public hearing on the
recommendation of the City Traffic Committee to restrict parking on the
west side of Los Osos Valley Road from Madonna Road to the northerly city
limits
D F Romero, City Engineer, presented a map showing the proposal under
consideration by the City Council at the public hearing which was a plan
' to prohibit parking on the west side of Los Osos Valley Road from the
northerly city limits to Madonna Road for the installation of a bicycle
lane
Mayor Schwartz declared the public hearing open
Lew Weigold, Realtor, was opposed to the proposed parking ban on Los Osos
Valley Road as he felt that without curb parking in front of his business,
he would lose business as patrons would not park somewhere else and walk
back to his office He asked the City Council not to cause any further
damage to the business by prohibiting parking
Mrs Hagerman, manager of Irish Hill Apartments, was opposed to the pro-
posal as she felt it would hurt her present tenants and prospective tenants
would not rent in the area She continued that the parking lot at the
apartment house was adequate for tenant parking, but that guests were
asked to park outside at the curb so that the parking lot could be used
by the tenants She suggested that parking be allowed at the curb with a
bike line or lane to be installed between the driving lane and the parking
lane
At a Councilman's request, D
F Romero, City Engineer, then showed a
sketch of Plan B, which would
allow parking
at the curb, a
bike lane, and
the travel lanes.
Judy McGlasson, 1545 Los Osos
Valley Road,
was opposed to
the proposed
parking ban as she felt that
the Council's
proposal would
cause her loss
'
of business
Mavor Schwartz declared the public
hearing
closed
City Council Minutes
March 4, 1974
Page 2
Councilman Gurnee spoke in favor of the Council's proposal to ban bark-
ing at the curb and install a bicycle lane He felt that this was the
first time the City Council had an opportunity on a major thoroughfare to
install bike paths prior to development of the property adjacent to the
street
Councilman Norris stated that he had been phoned by Aime LaLande, a pro-
perty owner who was opposed to the parking ban as suggested by the City
Council as he felt it would cause a loss to his property values by taking
away the parking
Councilman Norris stated that at the prior meeting he indicated he would
support Plan B, which would allow both the bike lane and the parking
lane adjacent to the west side of Los Osos Valley Road
Councilman Brown stated that he felt the ban on parking on Los Osos Val-
ley Road was a foregone conclusion and would be required in the long run
as traffic increased on this major thoroughfare from the coastal commun-
ities He suggested that possibly a Darking ban could be placed on a
time schedule with parking allowed at certain times of the day
Councilman Graham stated that he still supported Plan B which would al-
low curb Darking wi h a bike lane next to the parking lane
Mayor Schwartz stated that he was in support of Plan A which would pro -
hibii curb parking on Los Osos Valley Road as he felt this was to be a
major access road for the City and should be Drotected and bike paths
implemented at this time
On motion of Gurnee, seconded by Schwartz, that the City install a bike
path on the west side of Los Osos Vall?y Road and prohibit parking from
the City limit line to Madonna Road
Motion lost on the following roll call vote
AYES Gurnee, Schwartz
NOES Brown, Graham, Norris
On motion of Brown, seconded by Norris that the City Council adopt Plan B
modified with two -hour parking allowed in front of the apartment houses
and the office on Los Osos Valley Road
A J Shaw, City Attorney, felt that the City Council proposal Plan B would
make the City more liable for possible injury to cyclists using the west
side of Los Osos Valley Road due to the requirement of having the bike
lane moving in and out from the curb area to the street area in order to
permit parking, in front of specific parcels He suggested that possibly
the bike path could be 10 feet wide, which would allow parking adjacent
To the curb and still allow 2 or 3 feet for a bike lane He mentioned
that this was a way the problem appeared to have been solved in the City
of Davis, which was quite strong on bikeway systems
Mayor Schwartz suggested that the Council adopt Plan A, which was the
bike path adjacent to the curb from Descanso to Oceanaire Drive and the
balance to Plan B where the development had been completed The Council
and staff could then study other alternatives to this plan
Councilman Brown and Norris withdrew their motion adopting Plan B modified,
and the Council asked the staff to look into the City of Davis -type bike
lane for future report to the City Council
1
1
City Council Minutes
March 4, 1974
Page 3
2 City Council considered the final passage of Ordinance No _60
an ordinance of the City of San Luis Obispo deleting the requirement
of the Municipal Code that the rear of taxicabs display the name of
the cab company
I_ Mayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the proposed or-
dinance change
Mayor Schwartz declared the public hearing closed
On motion of Norris, seconded by Gurnee the ordinance was finally passed
on the following roll call vote
AYES All
NOES None
ABSENT None
3 The City Council considered the final passage of Ordinance No 608,
an ordinance of the City of San Luis Obispo, amending the Municipal Code
to require a plumbing permit for the construction of wells, establishing
standards therefor, and declaring wells in violation thereof to be public
nuisances
Mayor Schwartz declared the public hearing open
' No one appeared before the City Council for or against the proposed ordinance
Mayor Schwartz declared the public hearing closed
On motion of Gurnee, seconded by Graham, the ordinance was introduced for
final passage Finally passed on the following roll call vote
AYES All
NOES None
ABSENT None
4 At this time the City Council considered the final passage of
Ordinance No 604, an ordinance of the City of San Luis Obispo adding pro-
visions to the Municipal Code prohibiting approval of real property divisions,
zoning changes, annexations, use permits, and building permits prior to
departmental determination in writing that City facilities could accomodate
the increased burden resulting therefrom and providing a mandatory procedure
for planning commission and Council review and correction of said deficiencies
A J Shaw, City Attorney, reviewed the ordinance section by section for the
City Council, to include determination required by department heads, report
to the Planning Commission, review by the Planning Commission, review by
the City Council, and exemptions to the ordinance Also the requirement
that the City Council adopt criteria and standards for departmental use
_ in making the determinations required by the ordinance
The City Attorney continued that there had apparently been wide concern
that the proposed facility Ordinance No 604 would render the City unable
to act if an overzealous or fearful department head failed or refused to
file the wriTten determination required of him by the ordinance If the
ordinance did, in fact, thus delegate such unlimited and undefined power
City Council Minutes
March 4, 1974
Page 4
to an individual, the City Attorney felt that the ordinance would be
illegal and void from several standpoints However, he stated that
the timely review procedure set forth in the ordinance sufficiently
protected the ordinance from any challenge of its legality based upon
unlawful delegation of authority He then reviewed several sections
of the City Charter which granted the City Council power to act in the
name of The City, although, he warned, the City Council that neither
the City Charter nor the proposed ordinance permitted the City Council
to take arbitrary, capricious, discriminatory, or unreasonable and un-
lawful actions
David Williamson , Assistant Administrative Officer, reported to the
City Council that since the meeting of February 19, The City staff
had accomplished the following with regard to the compilation of
standards into an easily understood format
A) He had forwarded sewer and water standards to John
Carollo and Associates, consulting engineers for an evaluation of
the City standards relative to current practices in other communities
and for their comprehensiveness
B) The City had hired a part -time, exoe n enced technical
writer fo organize the information into a format that could be under-
stood by the public He continued that as of this date, the technical
writer indicated it would take approximately 2 weeks to write and pre-
pare the format in a usable manner He continued that he felt that there
was further need for the staff to see how the ordinance would work and
how they were to arrive at Their decision on facilities He felt that
it would take about three months to get an adequate flow report on sewer '
alone, and therefor he felt that more time was needed to develop criteria
for determining over - burdened facilities He explained problems involved
in each City department in attempting to define standards for facilities
so that an adequate report on public facilities could be given to the
citizens Further, he felt that at this time there were few procedures
within the City to make determinations required by Ordinance No 604
Mayor Schwartz stated before he opened the meeting to the public hearing,
that the City Council could take any one of the following actions
1) Adopt the ordinance subject to future adoption of standards
and criteria,
2) Not adopt the ordinance and junk the proposal, or
3) Modify the proposal based on evidence presented at the
public hearing
Mayor Schwartz declared the public hearing open
Clayton E Clement, Attorney representing the CiTizens for Environmental
Balance and Economic Stability (CEBES), and the San Luis Obispo County
Building Contractor's Association, stated that he felt the proposed or-
dinance of the City of San Luis Obispo, while technically being legal,
only looked at one half of the problem of over - burdened facilities,
which was to IIST the deficiencies which could and eould prohibit
development, if any of the criteria or standards which had not, as yet,
been adopted could not be approved by the department head concerned
He felt the ordinance is lacking provisions for the City to update or make
the necessary improvements in order to alleviate the deficiencies
City Council Minutes
March 4, 1974
Page 5
He felt some of the problems of the ordinance relating to the criteria
used by department heads and the delegation to the department heads of
the City's Council power and duty to make decisions and plans for future
City facilities He felt that the main lack of information available
involved the City's failure to comply with its obligation to plan for
and provide municipal service necessary for community growth He sub-
mitted for the Council's consideration, an amendment to Ordinance 604 which
would add section 2800 6 as follows
"In applying this ordinance and in considering applications pursuant
to the ordinance, the Council should be guided by the following
principals which the Council hereby adopts as a statement of policy
The Council shall implement by ordinance resolution or otherwise,
the following principles
A) The City has a duty to adequately plan for and construct the
facilities described in Section 2800 on a scale necessary to
serve the needs of the City's residents, both present and future
B) It is the duty of the City to correct any deficiency in ex-
isting services and facilities which are determined to be inade-
quate by any department head making a determination under Section
2800
C) In connection with the City's duty to plan and construct pub-
lic facilities described in sub - paragraphs A and B, the City
shall embark upon a capital improvement program to plan and con-
struct necessary public facilities for the City's future needs
' D) The cost of services which are either used and insured by
the City as a whole or for which benefit a portion of the City's
residents larger than the population generated by development or
construction being applied for shall be borne by either the City
as a whole or by that porTion of the City's residents deriving a
benefit from the services
E) No application for development or construction as defined
in Section 2800 shall be conditioned upon exactions in whatever
form which are not reasonably related to the needs generated by
the benefits conferred by the proposed development
F) In making the determination required in Section 2800, each
department head shall make a specific finding as to
1) the precise effect of the proposed development on
the relevant facility,
2) the degree to which temporary alternative measures
such as rationing can be used to accomodate the proposed
development until such time as the anticipated deficiencies
would be corrected,
3) the extent to which corrections of any deficiencies
would benefit portions of the City's population beyond the
development proposed and the identity of others benefited,
4) the extent and nature of planned additions to the
facility involved This rinding shall detail the antici-
pated capacity of the planned addition to absorb new popu-
lation The anticipated date of completion, the projected
cost and shall state whether the necessary public and govern-
mental agency approvals have been obtained "
City Council Minutes
March 4, 1974
Page 6
Clayton Clements concluded by stating that he felt the City was not
doing a fair job for the citizens of San Luis Obispo in that they
were not adopting adequate criteria and standards clearly defined
before adopting the ordinance which controlled development He felt the I
Council was not making proviswons to make the necessary improvements
to the public facilities operated by the City
Fred Strong, Director of Citizens ror Environmental Balance and Eco-
nomic StabiliTy, submitted a statement for Council consideration
stating that the CEBES fully agreed that the basic problem of pro-
viding adequate service for the present and future residents of the
City should be solved as quickly as Dossible with minimum disruption
to or inconvenience for residents and business interests of the area
They also agreed with the concept underlying the proposed Ordinance
No 604 and they would support the ordinance if properly amended and
implemented He felt the ordinance itself could not validly be sep-
arated from the criteria to be applied in administering the ordinance
He felt that if the City established prerequisites for criteria at levels
more appropriate for long -range goals, they did a disservice to the City
If they proposed service levels above present levels of actual service
for the benefit of the entire community and then hand the bill to only
one segment of the community, he felt that would be a gross injustice to
the new developers He also spoke in support of the amendment To Sec-
tion 2800 6 as submitted by Mr Clement, the attorney He concluded
his statement after review of per capita standards of the number of
California cities by stating that Ordinance 604 proposed was overly sim-
plistic and open to serious abuses in implementation He felt the amend-
ment proposed for the ordinance could be modified so that it would guarantee a
reasonable degree of equity in its apDlication He suggested that a '
citizens' task force in the meantime could assess the community's de-
sire, ability and willingness to pay for those desires in the area of
standards of service and facilities He felt such a task force could
evolve into an action group which would spearhead practical actions to
provide the Dublic support necessary to implement positive steps to a-
chieve the elimination of existing deficiencies and initiate a program
to move toward desired goals He felt that as a city, we were faced
with problems and that as a united community, these problems could be
solved without putting one neighborhood against the other or one in-
terest group against another He felt the proposed amendment and the
subsequent adoption of the ordinance with proper standards and criteria
would be a reasonable first step toward an equitable and reasonable so-
lution to the problem of overburdened facilities
Mrs Huqhs, secretary /manager San Luis Obispo County Building Contractor's
Association, felt that her association was not opposed in principle to
Ordinance No 604, but she stated that the organization relt The ordinance
must be rewritten in order to make a document that was workable and viable
to the citizens of San Luis Obispo, She also felt that the City Council
must come up with both a plan and the finances necessary to eliminate de-
ficiencies in public facilities that served San Luis Obispo It was her
feeling that if the ordinance was passed as presently written, it would
force a number of builders and the attendant workmen to leave the City of
San Luis Obisop as it was their feeling that construction would come to a
standstill She concluded her remarks stating that her organization also '
supported the amendment presented by CEBES
Dennis Wheeler, building contractor, stated that he felt in his own mind
that Ordinance No 604 was without a doubt a no- growth ordinance for the
City He felt that adding this additional burden to permit procedures
was dust another attempt to hold up and hassle a builder or developer with
further costly delays in attempting to build or develop in the City
City Council Minutes
March 4, 1974
Page 7
He further stated that these procedures would without a doubt increase the
cost of improvements and that tents would go up and building would prac-
tically come to a standstill He wished to remind the City Council it was
not the builder or contractor who paid the extra cost, but the person who
' was the ultimate purchaser of the dwelling He felt that all this ordinance
would do was force the people in construction to move out of the City to
live and work He also felt that this ordinance would force development
of housing outside the City which was the only place that construction
would be allowed in the area as this City Council was determined to stop
construction He urged the Council to forget this ordinance and move
ahead with good planning and also to spend some money on improving the
City's public facilities
John Thompson, life -long resident of the City of San Luis Obispo, was op-
posed to the provisions of Ordinance 604 as he felt the ordinance would
stop new construction and would not allow new businesses to come to town
and prepare Jobs for their children and he felt that ultimately everyone
except people connected with the college as students or on the staff would
be forced to leave town He felt that this was a wrong action by the City
Council
Bob Neal stated that he was opposed to the adoption of Ordinance 604 as it
was not good for the citizens or the City of San Luis Obispo
Mrs Barger, senior citizen, was opposed to the adoption of Ordinance 604
as she felt it was Just one further action to stop development in the City
Jim Sundland, contractor, stated that he was opposed to the adoption of
' Ordinance 604 as he felt it would Just add additional cost to building,
which was practically being prohibited at this time within the City
Roger Brown, contractor developer, stated that he was opposed to this or-
dinance and that he felt that if the Council was determined to proceed
they should include the amendments presented by CEBES
Ed Halliday, construction worker, stated he was vehemently opposed to the
provisions of Ordinance 604 and hoped the council would Junk it
Gerard Parsons, property owner - businessman, opposed the provisions of
Ordinance 604 as he felt it was Just one more way of stopping or slowing
down building construction in San Luis Obispo He urged the Council
that if they insisted on proceeding with this ordinance, that they adopt
the amendments suggested by CEBES He also stated that instead of buying
golf courses and open space, the City Council should take the $260,000
mentioned and start spending it in correcting deficiencies in their
sewer, water, streets, parks, etc
Howard Cummings, construction worker, stated that he was opposed to the
Council adoption of Ordinance No 604
John Ross, architecK , stated that he was opposed to the ordinance, and he
suggested that the City Council, rather than find ways of holding up pro-
jects, should reorder their priorities and get their public utilities and
' facilities in order He felt that the City Council should,) start doing
their Job and correct the City's physical plant and get the City facilities
in order He mentioned the increased taxes that the taxpayers had been pay-
ing and the windfall that developed in the City Council in their adoetion
of the Utility Tax ordinance
City Council Minutes
March 4, 1974
Page 8
Fred Schott, engineer, stated he felt thaT Ordinance 604 was a limited
growth ordinance and without a doubt would increase costs to people who
were trying to buy a home to live in, within the City of San Luis Obispo
He felt it was wrong and should not be adopted '
Robert Barrows, 770 Meinecke Street, asked why the City department heads
did not speak up when the operations under their concern had a problem
He fell that had the department heads been allowed to speak up over the
years, the City's facilities would not be in the condition in which they
appeared to be in at this time He did not feel that Ordinance 604 was
the answer and that the Council should Droceed with plans to correct what-
ever deficiencies existed
Bruce Petrowski, resident, felt that Ordinance 604 was not a limited
growth ordinance, but felt that the Ciry should know the condition of
public facilities and that this report should be made available to all
people who were interested
Mike Maino, lifetime resident of San Luis Obispo, felt that Ordinance
604 was not properly thought out, he felt that the standards and criteria
should be developed and adopted first, and then write an ordinance that
would cover the criteria in an easily understood manner
Glennadeane Dovey, President of the League of Women Voters, submitted a
statement on behalf of the League of Women Voters on Ordinance 604 She
stated That the local League of Women Voters had long been concerned with
the way in which the City of San Luis Obispo grew She continued that
over The past 12 years, the League had undertaken many studies on various
aspecTS of planning including the City's ability to challenge growth in
a way that was beneficial to all citizens The League membership supported
all measures for planned, orderly growth and development, and for the
protection of land, water and air resources with emphasis on high stand-
ards of environmental quality They also supported all enforcement measures
and implementation procedures needed to attain such standards Based on
these support positions, the League of Women Voters of San Luis Obispo
urged the City Council to adopt the proposed City facility ordinance, Or-
dinance 604 as printed She continued that if the City was able with re-
lative certainty to assure each homeowner and businessman adequate water,
sanitary and protective services, then it was essential that development
of City services be coordinated with the new growth She felt that the
current water problem in the southerly Dart of the City with the resulting
building moratorium might have been avoided had such an ordinance as 604
been in effect at the time She felt that there was a tendency on the
part of all citizens to wait until There was a crisis or a tragedy before
adjusting or reappraising procedures She felt that Ordinance 604 would
help San Luis Obispo act prior to the crisis stage She wanted to make
special note that Ordinance 604 as printed did not require the City Council
to deny development if any of the Specified services were deficient The
final judgment concerning adequacy in regard of health, safety and welfare;
lay with The City Council As to proposed amendments, the League felt that
since The ordinances provided were a simple and specific outline of procedures
it should not be complicated by the addition of principles which were ir-
relevant to the intent of the proposed legislation The issue of financing
public facilities was of such magnitude that it should be included in an
entirely separate consideration anD not covered by the facilities ordinance
Mrs Dovey concluded that following their study of the City fiscal struc-
ture 1968, they felt very strongly that there should be broad public
participation in the establishment of priorities for San Luis Obispo With
continuous monitoring of physical and planning activities, the League had
not changed its mind
City Council Minutes
March 4, 1974
Page 9
J B MacDonald, realtor and property owner, was opposed to the adoption
of the Ordinance No 604 as he felt that the ordinance was considered
to stop development in the City He gave several examples of property
in which he had an interest that if they were destroyed by fire, he could
not rebuild due to the lack of adequate facilities in the downtown City
area
Hal Boyle, representing the San Luis Obispo Building Trades Council, was
opposed to Ordinance 604 as he felt it was a stop - growth, anti -labor or-
dinance, and that if the council insisted on passing it that they accept
the amendment of CEBES
Marty Welde, representing ECOSLO, stated that they were in support of
Councilman Gurnee and the adoption of Ordinance 604 as it was needed to
control growth in order to meet proper public facilities and develop the
community in an orderly way
Tim Beadle, Chairman of the Citizens' Advisory Committee, presented a reso-
lution of the CAC stating that it be resolved by the Citizens' Advisory
Committee of the City of San Luis Obispo that physical development in
San Luis Obispo should occur only after
1) the City had adequately planned for it
2) the City had sufficient facilities to support the new
development
He stated that he was personally in support of Ordinance 604 in order
to establish development standards and criteria so that any development
' was done in light of adequate facilities
John Holloway, Business Agent of the International Brotherhood of Electri-
cal Workers stated he was in support of the amendment to the Ordinance 604
as proposed by CEBES and the Contractor's Association
Charles Higgins, resident of the City, stated he was in support of CEBES
and Contractor's Association suggested amendment
Ellwood Smith, resident of the City, stated that he was in support of Or-
dinance 604 and that City growth should be controlled so that everyone did
not come to live here before utiliTies were installed and ready to serve
them, making a burden on the people already living in the community
Arthur Hawthorne, Perfumo Canyon Road stated that he was in support of
Ordinance 604, but felt that the 5 day limit for department heads to re-
port their negative comments was not sufficient time He felt that more
time should be given to the sutdy of the negative conditions but felt that
the ordinance provided an orderly procedure for development in the City
He did not feel the amendment suggested by CEBES added anything to the or-
dinance
Lew Weigold spoke in support of City Government spending sufficient funds
to update the needed public facilities to serve the citizens of the community
' He felt the City Council was not taking care of the Droperty already within
the City by serving it adequately with sewer, water and other public ser-
vices He felt that until the CiTy Council could honestly state that they
were serving the people of San Luis Obispo, they should not annex additional
land to add additional burdens to their already overburdened facilities
Scott Maugher, 149 Carpenter Lane, stated that he was in support of Ordinance
No 604 as it would make San Luis Obispo a nice place to live
City Council Minutes
March 4, 1974
Page 10
Richard Barnhill, stated that he was opposed to the Council adoption of
Ordinance No 604 as he felt that if this were adopted, he would be out
of work
William McKean, realtor, stated that he was opposed to the adoption of the
ordinance and felt the City Council should assume the responsibility and
run the City, which they were elected to do, and not pass the buck to the
department heads to decide what should be built and what shouldn't be built
David Burke, contracTor, stated that he was opposed to the adoption of
Ordinance No 604 and felt the City Council should plan and spend public
funds necessary to update public facilities within the City He felt
that if the City Council insisted on passing Ordinance No 604, the
CEBES amendment should be included
Marvin Dee, resident, stated he was opposed to both the adoption of Or-
dinance No 604 and the amendment proposed by CEBES He felt that there
were sufficient laws on the city books now to do what Ordinance No 604
was supposed to do He felt that if the City Council would enforce the
present laws, the problem would be solved
Elizabeth Webre, Flora Street, president of ECOSLO, stated she was in sup-
port of Ordinance No 604 She did not feel the ordinance was a no- growth
ordinance, but felt that it was an attempt to control growth within the
means of the City's public facilities and financial capability She felt
thaT the citizens of San Luis Obispo would some day have to face to question
of growth or no- growth due to the economic impact on the taxpayer
Joe Caracas, architect, urged the Council to support the ordinance so that
the City Council could get a handle on public facilities and on their cost
He was opposed to the amendment proposed by CEBES, but he urged that the
City Council employ a cost benefit technique to measure future develop-
ment in the City of San Luis Obispo, particularly before approving any
annexations or large developments He felt the Council should know the
cost benefit ratio of each development in the City
Rose McKean, realtor, stated that she was opposed to the ordinance as she
felt that The ordinance would Just increase the cost of buildings within
the City and she asked where would the people live if they could not af-
ford to rent or buy homes She would support the amendment as proposed
by the Contractors's Association
William Alexander. Slack Street, stated he was in support of Ordinance
No 604 and against the amendment as proposed by CEBES He felt that
this meeting would show the City Council that the people wanted the pub-
lic improvements put in first class condition and they should get on the
Job of doing it
Jimmy Jones'opposed the ordinance but supported the CEBES amendment
Warren Dolezal, builder, felt that Ordinance No 604 was not needed He
felt that there were sufficient regulations on both the state and City
books now to do Just what Ordinance No 604 purported to do He gave,
as an example, his development under construction on Lower Higuera Street ,
Jack Foster, resident, stated he was opposed to Ordinance No 604 with-
out first presenting and adopting the standards and criteria so that
people who worked wiTh development knew what the criteria would be prior
to starting development
City Council Minutes
March 4, 1974
Page II
Frank Hendricks, 495 Buena Vista, discussed growth philosophy for Council
consideration He was in support of Ordinance No 604 without amendments
as offered by CEBES He felt that the ordinance would require the City
Council to be aware of the conditions of all public facilities before any-
one was allowed to develop
Mayor Schwartz declared the public hearing closed
9 35 P M Mayor Schwartz declared a recess
9 50 P M meeting reconvened with all Councilmen present
Mayor Schwartz requested Department Head comments
D F Romero, City Enqineer, stated that he had two concerns with the pro-
posed ordinance 1) The wording of the ordinance states that a building
permit cannot be issued until the Department Head certifies as to the
adequacy of the facility If for some reason a Department Head is able
to have gold - plated standards adopted, he can, by his sole determination,
either restrict building or force an unwarranted emphasis in City expen-
diture to upgrade the facility in one department 2) Mr Romero's second
concern involved the multiplicity of needs which the Council will receive
from each department, each carrying with it a prohibiTion against building
If the City ooncientiously attempts to meet all these needs as rapidly as
possible, the City Council would loose the flexibility it now has in weigh-
ing other alternative improvements
Councilman Gurnee stated that he was in support of the adoption of Ordinance
' No 604, and felt that the ordinance was a sound concept for City development
He continued that this ordinance had shown the council, staff and public that
_ the City did not have any idea of the condition of its public facilities or
the capabilities of the facilities that had been installed He felt that
if this ordinance was not adopted, the City would continue to operate as _
they did now, a staff system that caused the Los Osos Valley moratorium,
contributed to flood conditions and other problems in the City He felt
that what this ordinance would do was make department heads act responsibly
in operating their departments As far as the public facilities were con-
cerned, he urged the Council to adopt Ordinance No 604 without the CEDES
amendment and stated that the ordinance should not be operative until cri-
teria and standards had been adopted after public hearing He felt that
a council committee should be appointed to review the criteria and stand-
ards for inclusion in the ordinance
Councilman Norris asked that the summary of the Maino letter dated March I,
1974, be included in the record Summary as follows
This ordinance was unnecessary
2 The concept set forth in the ordinance should apply to subdivisions
and annexations only
3 The ordinance was poorly written
' 4 The ordinance was inconclusive
5 The ordinance discriminated against present land owners within
the City as well as future residents of the City
6 The ordinance was unfair in that it provided only for disapproval
of an application based on the unrestrained whim or caprice of
single department heads and further provided no relief to the
applicant from an unreasonable position by a department head
City Council Minutes
March 4, 1974
Page 12
7 The ordinance wasn't workable in that it established no time
limits for any of the required actions
8 The ordinance wasn't workable since neither the staff nor
the Planning Commission of the City of San Luis Obispo had
the time with present personnel to process the volume of re-
ports or public hearings contemplated by this ordinance
9 The ordinance was costly It would effectively prevent ex-
pansion or growth in the assessed valuation of the City and
at the same time, if properly administered, would require
vastly increased staff and staff time
Councilman Norris felt that this ordinance was all encompassing and felt
that the provisions of the ordinance should be put into a vote of the
people, as they would be the ones who would be required to pay the bill
as the City moved ahead with these improvements He also felt that the
ordinance would definitely shut down development due to incomplete infor
matron on existing public facilities which could not be certified He also
felt that this ordinance would force the City Council to spend great sums
of money to make the existing public facilities work much less to help
new development He felt the ordinance should not be considered until a
complete study had been done on the standards and criteria of facilities
plus an accrued inventory of the City existing plans He also objected
to department heads using national standards for development For example
a fire station, parks, personnel, etc He also opposed to adopTing this
ordinance that,was not needed and would only cause more problems for devel-
opers in the community He did agree that the City staff should continue
to acquire The information of actual condition of the City's physical plant ,
and to pinpoint areas of deficiency in public facilities so that the
Council could expend funds in an intelligent way to correct the deficiencies
He urged the City Council to dunk the ordinance
Councilman Brown felt that the City Council acted hastily in passing Or-
dinance No 604 to print He felt the ordinance was adopted to print with-
out full information He also felt that the City Council should take no
action but have the staff look into amendments as suggested by CEBES He
felt that there was no rush and that the Council should take time to look
into all the facets of the proposal He felt that the ordinance was simple
but too, all encompassing and could be very dangerous if enforced to its
ultimate
Councilman Graham defended the City Council's past action in spending pub-
lic funds in improving public facilities He continued that he did not feel
that this was a no- growth ordinance He fell it was an ordinance to force
the City to supply adequate public facilities to the residents and he was
in support of the adoption of Ordinance 604 without amendment
Mayor Schwartz stated that he was in support of Ordinance No 604, felt
there was a need for the information on public facilities that this or-
dinance required He also felt that the establishment of standards and
criteria would make full knowledge available to all developers of condi-
tion of public facilities He continued that had this ordinance been in '
effect, there would never have been a moratorium in the Los Osos - Lower
Higuera area, because not only would the City have known the conditions
of the public facilities but the developers would also know the conditions
and capabilities of the public facilities He stated that he wished that
the City had 100% perfect public facilities and that they were all in ex-
cellent condition to serve the needs of the public But he felt to bring
all these facilities uo to date at this time would require a tremendous
amount of expenditures of public funds and he wondered who would pay the bill
City Council Minutes
March 4, 1974
Page 13
He felt that this ordinance required the department heads make a responsible
study and notify all developers and builders whenever the City could not
serve a specific proposal The Mayor agreed'that a task force of repre-
sentative citizens of the City with Council members should be organized to
meet and study the City's facilities and possibly to include ways to finance
whatever improvements were felt necessary by The task force He also felt
this task force should consider increases in City service charges and
rates in order to pay for facilities and they could also look into the
matter of bond issues, whether they be general bond obligations or revenue
bond issues, to pay for facilities He agreed with the spirit of the
ordinance but felt that in the interest of community harmony that the Council
should continue consideration of this ordinance, that they form a task force
with an established time limit to study the City's facilities, and develop
a recommended method to correct these facilities for the Council's considera-
tion
Councilman Brown felt that this was the thing he was proposing in arriving
at a solution to the overburdened facility problem
The City Council discussed the Mayor's proposals and the means of accomplish-
ing his suggestions
Councilman Gurnee felt that the fact that the staff had been unable to come
up with criteria standards shows that there was a need for the adoption of
Ordinance No 604 He felt the ordinance should be adopted now and not be
operative until the studies of existing conditions had been made and cri-
teria and standards had been accepted
Councilman Norris stated that he was in support of Mayor Schwartz's sug-
gestion He felt that the information was needed before adopting any new
ordinance Further, he felt the staff should continue their studies but
that he would agree with the appointment of a citizens' committee to study
the overall City public facilities, make an inventory and make recommendations
to the City Council on updating the facilities
Councilman Brown felt that until the Task force had completed their studies,
the Council could adopt the policy directing staff to review public facilities
prior to granting permits, etc
A J Shaw, City Attorney, stated that unless the Council adopted an emergency
moratorium ordinance, the department heads could not deny permits if approval
is merly ministerial under the provisions of other ordinances
Mayor Schwartz again suggested that a task force should consist of a repre-
sentative of the Contractor's Association, the real estate industry, mortgage
finance industry, environmentalists, development representatives, Council
members and possibly CEBES
After discussion, the City Council authorized the Mayor to submit names for
membership on the Task Force at the next Council meeting for Council con-
sideration and approval
On motion of Gurnee, seconded by Graham that the City Council adopt Ordinance
No 604, pending approval of criteria and standards to direct the Mayor to
submit names for membership on a task force and staff to continue develop-
ment of Criteria
Councilman Brown stated he was opposed to adoption of the ordinance but
he would allow the task force to make their studies and recommendations to
the City Council
City Council Minutes
March 4, 1 974
Page 14
Councilman Norris stated he also was opposed to the adoption of the or-
dinance without prior consideration of criteria and standards and also
a report from a City task force on existing facilities
Councilman Gurnee called for a vote on his motion to adopt and finally
pass Ordinance No 604
Final passage of Ordinance No 604, lost on the following roll call vote
AYES Gurnee, Graham
NOES Brown, Norris and Schwartz
It was moved by Mayor Schwartz, seconded by Councilman Brown that the
City Council continue consideration of Ordinance No 604, Thar the Mayor
be authorized to submit names for ad hoc citizens' task force to evaluate
resources of the City, to make recommendations to the City Council now
deficient resources could be corrected and how to finance and update
these resources, with the City staff to continue to update criteria and
standards, and that the task force and staff report their recommendations
back to the City Council within si /ty days
Motion carried on the following roll call vote
AYES Schwartz, Brown and Norris
NOES Gurnee, Graham
With the Council's permission the City Clerk read the following letters
into the record dealing with Ordinance No 604
Communication from Marion J Holley, 1477 Oceanaire Drive, supporting the
City facility ordinance
Communication from Loretta Rice, 1638 Calla Street, opposing the adoption
of Ordinance No 604, without prior consideration of cost to construct( --1
necessary facilities to correct overburdened public utilities
5 Continued discussion of correcting drainage facilities on the
Boriack property on Broad Street
D Romero stated that the Waterways Planning Board had again studied the
drainage problem involved in the Boriack property, and felt that The
waterway should be improved across Broad Street and to the rear of the
Boriack garage and that the remainder of the waterway should remain in
its natural state
Councilman Gurnee stated that the Waterways Planning Board felt that the
first part of this drainage channel should be improved, That The remainder
should be kept in iTs natural stare and requested on behalf of the Water-
ways Planning Board that the City Council proceed and order the improve-
ments installed
A J Shaw, City Attorney, asked if the City Engineers had discussed this
matter with Mrs Boriack since the discussion several months ago
City Engineer stated no, he had not discussed this matter as he felt that
Mrs Boriack was opposed to the proposal
Mrs L Boriack appeared before the City Council, stating that she was OD-
posed to the City proposal, she did not wish to sell or give her property
to the City for drainage improvements, she had not changed her mind since
the last time she discussed this with the City Council, and she said she
was quite disturbed that after spending quite a few hours with the City
Council discussing thisllast fall, at which time the City Council decided
City Council Minutes
March 4, 1974
Page 15
they would not condemn her property for drainage, not they were back again
going through the same thing She stated she was opposed to it and that
the City would be forced to pay for her land
A J Shaw, City Attorney, suggested that the City Council refer the matter
to him for preparation of documents for acquisition of the drainage ease-
ments for the Boriack property for the updating of appraisals and neces-
sary legal documents
On motion of Graham, seconded by Brown, the matter was referred to the
City Attorney for preparation of the necessary documents for acquisi-
tion of the drainage easement on the Boriack Droperty
6 City Council considered the request of Don Krall requesting
that the City Council allow the card rooms within the City to operate on
a 24 -hour basis This matter was continued from the January 21, 1974 meet-
ing
Sqt Clifford Chelquist, San Luis Obispo Police Department, submitted a re-
port to the City Council that the police department had studied the matter
and that they felt that amending the Ordinance to allow a 24 -hour operation
would create no significant enforcement problems However, due to an ob-
jection by a resident of Baywood Park, the matter was referred to the Police
Department staff to research the matter further and return with a recommenda-
tion
Sqt Chelquist continued that they had consulted other cities who licensed
card rooms that remain open after hours of 2 00 A M and found little or
' no Justification for retention of the 2 00 A M closing time In fact,
in this survey one City felt that it prefered the control situation of
the card room to that of not knowing how and where poker games were being
played Therefor, the police department recommended that the ordinance
be amended to delete the 2 00 A M closing time
Mr Charles Willits, Baywood Park, stated that he did not feel that leaving
card rooms open on a 24 -hour basis was a good thing for the community but
that without the report that he submitted to the police department being
made available to the City Council, he had nothing else to add
Don KralI spoke on behalf of allowing a 24 -hour operation of card rooms
within the City He stated that as an operator of a card room within the
City, he did not contemplate being open 24 hours a day every day of the week
But he felt that there were times when a group of local citizens were playing
Doker until 2 00 A M and they wished to continue playing but by law he was
forced to close and send them on their way and he knew that many times they
went somewhere else to play He felt in this way at least they would be
under a controlled environment available for surveillance by the police
department
He thanked the City Council for whatever consideration they wished to make
Councilman Graham was opposed to allowing the 24 -hour card rooms operations
within the City He even questioned the possible need of any card rooms
at all being allowed to operate
There being no further discussion
On motion of Councilman Norris, seconded by Councilman Gurnee, the following
ordinance was introduced and passed to print ORDINANCE NO 609 (1974 Series)
City Council Minutes
March 4, 1974
Page 16
an ordinance of the City of San Luis Obispo amending the Municipal Code
to permit the operation of card game businesses on a twenty -four hour
basis by repealing previous provisions against operation between 2 00 A M
and 6 00 A M
Ordinance passed to print on the following roll call vote
AYES Councilmen Brown, Norris, Gurnee , and Mayor Schwartz
NOES Councilman Graham
7 The City Council again discussed the maTter of screening being
constructed on the Santa Rosa street overcrossing of 101 Highway in light
of the pedestrian count submitted by the Public Works Department for
Thursday, Friday and Saturday, February 14 - 16, 1974 City Council
felT That in view of these traffic counts there was really no need for
this type of constructcon
On motion of Mayor Schwartz, seconded by Councilman Gurnee that the City
Clerk be authorized to write a letter to the local office of the Department
of Transportation stating that the City Council wished to go on record that
they oonosed the project of placing the fence on the Santa Rosa overcrossing,
that'the Department of Transportation not put fences on any other overcrossing
in the City, and if the local office could comply with the request, then
the City Clerk was To ask the Department of Transportation whom the City
Council might contact to notify of the City's objections to this hideous
construction Motion carried
8 Memorandum from Fire Chief Schlobahm establishing certain
conditions That he felt should be required of ECOSLO if they were to
allowed To continue their use of the City's property for recycling op-
erations
He felt 1) that any future agreement with ECOSLO should include a require-
ment that all items not essential to continued operations of the recycling
center be removed from the premises within 30 days, including the unused
baler and many 5- gallon pails
2) That the insertion of the screening redwood slats be compleTed within
thirty days in a manner satisfactory to the City Engineer
3) That all equipment, containers and materials remaining after the 30
day deadline be relocated to an area twelve feet wide by 200 feet long
south of the chain link fence adjacent to the entrance road to the sewer
facility, to be done no later than Play I, 1974 The relocation was nec-
essary so that paving of the training center could be accomplished prior
to the end of the budget year
A representative of ECOSLO stated that all the conditions set by the Fire
Chief were satisfactory to ECOSLO, and that they would cooperate First,
they had been removing the five gallon pails mentioned by the Chief
Further, they would move the baler The first chance they had They had
been having trouble with the screening of the cedwood slats which were
supplied by the City The redwood slats were to fit within the chain link
fence on a diagonal, but it turns out that it is impossible to slide them
in due to their size They are now trying to install them in a vertical
manner, but due to the length of the sticks they would all have different
tops The ECOSLO was planning on continuing their project and at the end
would saw off the tops of all of them evenly so that the fence looked nice
They would also cooperate by moving their equipment to whatever area the
Fire Chief deemed desirable
City Council Minutes
March 4, 1974
Page 17
City Clerk was instructed to write to Mr Connally on the action being
taken by the City through Zone 9 of the Flood Control District and re-
quest made to the Department of Transportation for improvements
12A and 12B) Continuation on the public hearing on the appeal of
Chumash Village from the amendment to its use permit
A J Shaw, City Attornev, presented for the City Council's consideration
a resolution approving the addition of criteria for mobile home parks
I
o the Water Department Director's report of November, 1972 This criteria
would allow recognition of factors unique to mobile home parks, and permit
certain optional water supply practices in conjunction with mobile home
park development It would include
A) static water source
B) Dortable pumping facilities
C) volunteer fire supression personnel, approved by the City
Fire Department
Richard B Wood, attorney representing the owners of Chumash Village, stated
that he'agreed,wi�th the conditions as proposed by the resolution and the
Water Director, he accepted the conditions and requested that they be al-
lowed to expand their mobile home park at the rate of 6 units per month
until the moratorium was lifted in November, 1974
On motion of Gurnee, seconded by Brown, the following resolution was intro-
duced RESOLUTION NO 2569, a resolution of the Council of the City of
San Luis Obispo approving the addition of criteria for mobile home parks
to the Water Department Director's report of November, 1972 Passed and
adopted on the following roll call vote
AYES All
NOES None
ABSENT None
On motion of Gurnee, seconded by Graham, the City Council granted the ap-
peal of Chumash Village from the conditions of the moratorium subject to
the implementation of the criteria in the resolution Motion carried
13 Communication from William E Flory, Director, Parks and
Recreation Commission forwarding the recommendation of the Parks and
Recreation Commission regarding improving the lighting system at Santa
Rosa Park
The proposal was that the City would Day for material for a•metal arc -type
system which sould increase the amount of light at Santa Rosa Park and a
commitment was made by Pacific Gas and Electric Company that if the City
would pay Tor the material, the PG&E Company would provide the manpower
and equipment to install the lights With this type of lighting proposed,
On motion of Brown, seconded by Graham,
that the City Council
approve
the recommendations of the Fire Chief,
that the agreement with
ECOSLO
continue on a month to month basis with
the conditions listed
Motion
carried
'
9 Communication from John B
Connally, President, C
L Smith
PTA, expressing concern for adequate drainage for the City of
San Luis
Obispo at the culvert under Highway 101
at the Los Osos interchange
City Clerk was instructed to write to Mr Connally on the action being
taken by the City through Zone 9 of the Flood Control District and re-
quest made to the Department of Transportation for improvements
12A and 12B) Continuation on the public hearing on the appeal of
Chumash Village from the amendment to its use permit
A J Shaw, City Attornev, presented for the City Council's consideration
a resolution approving the addition of criteria for mobile home parks
I
o the Water Department Director's report of November, 1972 This criteria
would allow recognition of factors unique to mobile home parks, and permit
certain optional water supply practices in conjunction with mobile home
park development It would include
A) static water source
B) Dortable pumping facilities
C) volunteer fire supression personnel, approved by the City
Fire Department
Richard B Wood, attorney representing the owners of Chumash Village, stated
that he'agreed,wi�th the conditions as proposed by the resolution and the
Water Director, he accepted the conditions and requested that they be al-
lowed to expand their mobile home park at the rate of 6 units per month
until the moratorium was lifted in November, 1974
On motion of Gurnee, seconded by Brown, the following resolution was intro-
duced RESOLUTION NO 2569, a resolution of the Council of the City of
San Luis Obispo approving the addition of criteria for mobile home parks
to the Water Department Director's report of November, 1972 Passed and
adopted on the following roll call vote
AYES All
NOES None
ABSENT None
On motion of Gurnee, seconded by Graham, the City Council granted the ap-
peal of Chumash Village from the conditions of the moratorium subject to
the implementation of the criteria in the resolution Motion carried
13 Communication from William E Flory, Director, Parks and
Recreation Commission forwarding the recommendation of the Parks and
Recreation Commission regarding improving the lighting system at Santa
Rosa Park
The proposal was that the City would Day for material for a•metal arc -type
system which sould increase the amount of light at Santa Rosa Park and a
commitment was made by Pacific Gas and Electric Company that if the City
would pay Tor the material, the PG&E Company would provide the manpower
and equipment to install the lights With this type of lighting proposed,
City Council Minutes
March 4, 1974
Page 18
two - thirds less electrical power would then be used than was presently
being consumed The possible additional COST that would be incurred
after closer inspection might be overhead wire which would need re-
placement at an approx mate cost of $90 Cross arms might have to be ;
provided at approximately $200, and two poles should be guide and rain
tyoe fuses should be installed Approximate total cost of the project _
for materials only would be $4,400
On motion of Councilman Brown, seconded by Councilman Norris to approve
the recommendation and authorize purchase of the materials Motion carried
On motion of Councilman Brown, seconded by Councilman Norris the following
resolution was inrroduced RESOLUTION NO 2570 a resolution increasing
the 1973/74 budget (Account 400 6, Utility Tax - Park and Recreation Capital
Outlay, increased by $6,500 )
Motion carried on the following roll call vote
AYES All
NOES None
ABSENT None
On motion of Councilman Gurnee, seconded by Councilman Brown the meeting
adjourned to 12 10 P M , Tuesday, March 5, 1974
APPROVED August 19, 1974
TRICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
March 5, 1974 - 12 10 P M
City Hall
Pledge
Roll Call
Present Myron Graham, T Keith Gurnee, Jesse Norris
and Mayor Schwartz
Absent John C Brown
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, David Williamson, Assistant Admini-
strative Officer, D Romero, City Engineer,
E L Rodgers, Police Chief, W E Flory,
Parks and Recreation Director, Pat Gerety,
Associate Planner
10 Memorandum from the Planning Commission regarding
the annexation of a parcel owned by the City at the southeast
corner of Los Osos Valley Road and Madonna Road and recommending
that the City Council approve the proposed annexation This is
the proposed fire station site
On motion of Norris, seconded by Graham, the following resolution
' was introduced
RESOLUTION NO 2575 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GIVING NOTICE OF THE PROPOSED
ANNEXATION TO THE CITY OF TERRITORY DESIGNATED AS THE
"LOS OSOS ROAD - MADONNA ROAD ANNEXATION," AND
SETTING A PUBLIC HEARING
Set for public hearing on April I, 1974 Passed and adopted on
the following roll call vote
AYES Jesse Norris, Myron Graham, T Keith Gurnee
and Mayor Schwartz
NOES None
ABSENT John C Brown
II The City Engineer presented sketches showing various
alternatives for improving Meinecke Street between Broad and
Chorro Street with sidewalks as requested by the petitioners
Plan A - was for sidewalks on both sides of Meinecke Street with a
four -foot sidewalk area on both sides and reduced traffic way
Plan B - was for sidewalks on both sides of Meinecke Street with
6 foot sidewalk areas
Plan C - was a plan with sidewalks on both sides of Meinecke Street
with an 8 foot walkway
Plan D - was with sidewalks on the southerly side of Meinecke Street
only and 8 foot walk
City Council Minutes
March 5, 1974
Page 2
CiTy Engineer explained the benefits of each plan and recommended
that the Council accept alternate B which would be a City standard
if trees were not required to be planted in a sidewalk area If
they were required in a sidewalk area, then the sidewalk area
should be wider
Councilman Graham stated that he supported alternate A, The four ,
foot sidewalk width, with the property owners to improve the
driveway ramps
Councilman Norris stated that he supported alternate B with the
possibility of assessing the improvements to the property owners
With no assessment, he felt the City could put in the minimum
sidewalk without trees and let the property owners correcT their
own driveways
Councilman Gurnee stated he supported alternate A with the property
owners putting in the driveway improvements, although he felt that
the property owners should be shown the four alternates and IeT
them make up their minds as to the type of construction they wished
and what contribution they would like to make to the project
Mavor Schwartz felt the City should support alternate B, and not
always stay with a substandard width He felt the property owners
should put in the driveway ramps and property owners should also
pay for trees under existing street tree planning project of
cooperation with the City
On motion of Norris, seconded by Schwartz that the City adopt
alternate B, with the property owners paying for driveway modi-
fications, and property owners offered to participate in the tree I
planting behind the sidewalk if they so desired Motion lost on
the following roll call vote
AYES Norris and Schwartz
NOES Gurnee and Graham
On motion of Gurnee, seconded by Graham, that the City adopt
alternate A or B with the property owners to pay for driveway
improvements with option on street trees and let the property
owners decide the contribution Motion lost on the following
roll call vote
AYES- Graham and Gurnee
NOES Norris and Schwartz
The marter was continued to the next Council meeting, March 18,
when the full Council would be present
14A) Jim Stockton, Assistant Director, Parks and Recreation,
submitted the following communication That the subcommittee
studying the feasibility of constructing a community building in
Meadow Park had through meetings in the area with the residents,
through house to house survey, and through discussing the results
of these meetings with staff personnel arrived at a decision
concerning the immediate building needs It recommended that
a small, multi- purpose building be constructed in Meadow Park
The facilities should include restrooms that served both indoor
as well as outdoor activities Ti here should__bLe a large room,
City Council Minutes
March 5, 1974
Page 3
1,000 to 1,200 square feet, storage of about 150 square feet and
combination room of 150 square feet The large room should be
capable of being divided into smaller units with folding doors
It would be desirable if the large room opened on the hard service
patio area where indoor activities could spread out of doors
The subcommittee recommended that the City Council authorize the
architect that had been selected to prepare preliminary plans to
include floor plan, elevations, types of construction and an
estimate of construction costs
146) Communication from James H Maul, AIA submitting
architectural service contract for the community recreation
facility in Meadow Park
On motion of Norris, seconded by Graham, that the City Council
approve the recommendation of the subcommittee and that the
architect be authorized to proceed with the preparation of the
necessary preliminary plans and authorize the Mayor to sign a
contract with the architect
Motion carried
Councilman Gurnee hoped that in designing the building, more office
space might be included to house some of the social service
organizations and operations that served this portion of the
community
15) D Romero, City Engineer, submitted a report from
the State DepartmenT of Transportation regarding bike facilities
and landscape planning by the State in connection with the Broad
Street widening oroiect He stated that the State was planning
graded but not paved shoulders in the rural areas, but was not
making any provisions for bike lanes within the City The State
suggested that bike lanes could be provided if the City wished
to eliminate curb side parking The engineer continued there was
a good possibility that the state would provide the tree planting
wells if requested by the City, but would
not provide the lids or the trees The City Engineer offered to
continue negotiating with the State for construction of the wells
and locations satisfactory to the various city committees
involved in the tree planTing The City Council discussed the
letter and comments of the City Engineers and the matter was
continued for review of the final plans 6f the street widening by
the Division of Highways
16) The Council's consideration of the final map of
Tract No 523, The Fig Tree, a condominium subdivision, located
at the corner of Morro Street and Peach Street The City Engineer
reported that all the improvements had been installed in accordance
with the subdivision map and the subdivision agreement, but that
one question continued and this was the allocation for park
dedication or fees in lieu of park dedication Because of the
extraordinary high cost of land in the downtown area, the in -lieu
fees for this small parcel of land would cost the subdeveloper
56,859 92 for the 10 apartments It was the staff's feeling that
when the original formula was adopted, the staff had not antici-
pated application in a high -value land, and it would appear that
park dedication fees approaching $700 00 per unit would be excess
save Therefore the staff recommended that a $150 00 per unit
charge be applied on this development as was being done on
other developments until the staff had had an opportunity to
study the overall City park needs and modify the amount of money
needed for park development
City Council Minutes
March 5, 1974
Page 4
Councilman Gurnee disagreed with the staff recommendation
and felt that the full price was in accordance with the ordinance
He said that parks must be developed at high cost in high land
value areas to serve the residents of these developments, he
felt that $150 00 per unit was not a logical cost for park deve-
lopment
Councilman Norris stated he was for the arbitrary assessment
recommended by the staff which he felt would be fair To all
property owners until the complete study on park needs has been
submitted D Williamson, Asst Administrative Officer,
suggested that the Council adopt the staff recommendation on an
interim basis until the Park Master Plan was completed later on
this fall, where a complete cost breaddown of needs would be
available
On motion of Norris, seconded by Graham, the following Ordinance
was introduced '
ORDINANCE NO 610 (1974 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE SUBDIVISION ORDINANCE IN THE MUNI-
CIPAL CODE TO LIMIT THE IN LIEU FEES FOR PARK
DEDICATION PURPOSES TO A MAXIMUM OF $150 00
PER DWELLING UNIT UNTIL DECEMBER 31. 1974
Passed and adopted on following roll call vote
Ayes Norris, Graham, Mayor Schwartz
Noes Gurnee
AbsenT Brown
The staff was authorized to accept park dedication fees of
$150 00 per dwelling unit pending the final hearing on the
adoption of Ordinance 610
On motion of Graham, seconded by Norris, the following
Resolution was introduced
RESOLUTION NO 2571 (1974 Series)
A RESOLUTION APPROVING THE FINAL MAP OF
TRACT 523, FIGTREE CONDOMINIUMS (KAMM-
VOLNY)
Passed and adopted on the following roll call vote
Ayes Myron Graham, Jesse Norris, Mayor Schwartz
Noes
Absent
CONSENT ITEMS
T Keith Gurnee
John C Brown
C -1 Claims against the City of San Luis Obispo for the month
of March had payments authorized subject to approval of Admin-
istrative Officer
C -2 Council consideration of City Council minutes of December 3,
10, and 17, 1973 and January 7 and 21, 1974 were approved and
corrected Minutes of December 17, had two minor corrections
1
1
1
City Council Minutes
March 5, 1974
Page 5
C -3 List contract payments and approve
C -4 Communication from Stewart Williams, Show Chairman,
Central California Australian Shepherd Fanciers, requesting
permission to use a public address system by the operators
C -5 Adopt n
- RESOLUTION NO 2572 (1974 Series)
A RESOLUTION INCREASING THE 1973 -74 BUDGET
On motion of Norris, seconded by Graham, that Resolution
No 2572 be adopted
Motion carried, Councilman Brown absent
C -6 Council consideration of a Quitclaim deed from John S
Hickman for street widening purposes on Perkins Lane Accepted
deed and authorized Mayor to record
C -7 Council consideration of a Corporation Quitclaim deed from
Maino Const Co Inc for street wideining purposes on Orcutt Rd
Accepted deed and authorized Mayor to record
C -8 Claim against the City of San Luis Obispo from Gladys L Lima,
298 Ramona Drive claiming sewage back -up on 2/14/74 Deny claim
and refer to insurance carrier
C -9 Request by the San Luis Obispo Acounty Association for the
Retarded for permission to sponsor a Strong Bros Animal Circus,
March 20 and 21 at Madonna Road Plaza Approve request of the
County Association for the Retarded to hold the animal show at
Madonna Road Plaza
C -10 Council consideration to a resolution authorizing City
participation in the State's Abandoned Vehicle Abatement Program
RESOLUTION NO 2574 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING THE CITY TO
PARTICIPATE IN THE ABANDONED VEHICLE ABATEMENT
PROGRAM OF THE STATE OF CALIFORNIA
Resolution introduced on motion of Norris, seconded by Graham
Motion carried, Councilman Brown absent
C -11 Continued consideration of communication from Kathy Scala
regarding dumping of trash near 1353 Pismo Street (Continued
from 2/19/74 for staff report ) Continue until receipt of report
from Southern Pacific Railroad Hopefully the City will be able
to lease the property
C -12 A resolution making transfers to the golf course account
Adopted on motion of Norris, seconded by Graham
Motion carried, Councilman Brown absent
RESOLUTION NO 2573 (1974 Series)
A RESOLUTION INCREASING THE 1973 -74 BUDGET
Account 400 16 be added to the Utility Tax Budget
and be entitled "Golf Course Operation $10,000 00
appropriated to this account
On motion of Councilman Graham, seconded by Councilman Gurnee, the
meeting adjourned to 7 00 A M Wednesday, March 7, 1974
APPROVED June 3, 1974
H F RICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
March 6, 1974 - 7 00 A M
City Hall
Pledge
Roll Call
Present John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Mayor Schwartz
Absent None
City Staff
Present J H Fitzpatrick, R D Miller, David Williamson
---------------------------------------------------------------------
I David Williamson, Assistant Administrative Officer,
reviewed for the City Council a report prepared on Comparisons
on Proposals for General Plans and Specific Plan Proposals from
the following Planning consultants
A) Kennard and Silvers
B) Walter Richardson and Associates
C) Williams and Mocine
David Williamson reviewed the scope of each consultant's proposal,
the background of each consulting firm and staff, the type of
' projects and communities served by each firm and the proposal in
detail comparing one proposal against the other
The City Council discussed various items with the Assistant
Administrative Officer as he reviewed his comparison David
Williamson suggested that the City Council might wish to appoint
a subcommittee which would include representatives from the City Council,
Planning Commission and staff and to allow the subcommittee to meet
and interview each consultant in light of the proposals and then
make a recommendation for retaining a firm to do the entire planning
or portions of the planning as desired or recommended by the
Planning Commission He also suggested that the City might wish
to initially assign a portion of the proposed project to the
consultant selected as a means of evaluating the City /Consultant
relationship before signing a contract for the entire project
8 00 A M Councilman Norris left the meeting
The City Council discussed the best approach to using consultants to
pinpoint and make recommendations to solve existing problems and
for a long -range planning of the City Council also discussed the
basic philosophy of getting some needed planning done for the City
by a consultant and letting the staff work along in order to keep
up the plans The City Council accepted the recommendation of the
Assistant Administrative Officer that a subcommittee be appointed
as follows
2 members of the City Council - Councilmen
Gurnee and Brown
2 members of the Planning Commission -
the Chairman and one member appointed
by the Commission
I staff member, David Williamson
The subcommitte was asked
their interviews, meeting
Council
The meeting was adjourned
APPROVED May 20, 1974
City Council Minutes
March 6, 1974
Page 2
to proceed as rapidly as possible with
s and make recommendations to the City ;
by the Mayor at 8 45 A M , March 6, 1974
J itzpatn ck, City Clerk
1
1
r II
LJI
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBIPO, CALIFORNIA
Monday, March 11, 1974 - 7 30 P M
CITY HALL
Pledge
Roll Call
Present Councilmen Myron Graham, T Keith Gurnee, -
Jesse Norris and Mayor Scwartz
Absent Councilman John C Brown
City Staff
Present R D Miller, Administrative Officer and City
Clerk Pro -Tem, A J Shaw, Jr , City Attorney,
David Williamson, Assistant Administrative
Officer, David F Romero, Director of Public
Works
I At the request of Mayor Schwartz, Richard Miller reviewed
the third quarter CIP progress repoft of January 29, 1974, making
verbal comments to update the status of CIP projects Among other
developments reported were the retention of James Maul to develop
plans for a community center building at Meadow Park, the comple-
tion of recommendations to be included in a master plan study at
Mission Plaza, the fact that bids would be called for in the
next two weeks for the tank site preparation in the Edna Saddle
and for purchase of pipeline materials for the major water project
to serve the lower Higuera and Los Osos Valley areas, and current
developments in connection with master planning and further phased
construction of improvements at Laguna Lake Park
2 At this time, Mr Miller and Mr Shaw reviewed the status
of various legislative proposals at the state and federal levels
as called to the attention of our City by the League and as or-
ganized and indexed by Mr Fitzpatrick As a result of these
discussions, the Council asked staff to prepare individual letters
for or against several bills, to be signed by the Mayor
The following actions were taken
Oppose AB 2259 requiring formalized hearing pro-
cedures on rezonings Motion of Gurnee, seconded
by Graham
2 Support AB 1998 making interest free loans avail-
able for bike trails Motion of Gurnee, seconded
by Graham
3 Support AB 2021 excluding management and confi-
dential e6mployees from employee groups meeting
and conferring under MMB Motion of Norris,
seconded by Graham
4 Oppose AB 2610 involving damages in connection
with down zoning Motion of Gurnee, seconded by
Schwartz
5 Oppose SB 1210, forcing cities to buy out garbage
collectors Motion of Mayor Schwartz, seconded by
Graham
City Council Minutes
March II, 1974
Page 2
6 Oppose ACA 67, taking police and fire personnel
out of local control Motion of Norris, seconded
by Graham
7 Oppose AB 1800, providing Bill of Rights for police
and fire personnel MOTIon of Norris, seconded
by Graham Schwartz -Aye, Gurnee, No
8 Oppose AB 819, mandating overtime provisions for
police and fire Motion of Councilman Graham,
seconded by Councilman Norris
9 Oppose AB 1112, providing for agency shop Motion
of Councilman Graham, seconded by Councilman Norris
10 Oppose AB 1483 providing increased retirement
benefits for police and fire Motion of Mayor Schwartz,
seconded by Councilman Graham
II Oppose AB 16, CHP formula for police and fire
Motion of Mayor Schwartz, seconded by Councilman
Graham
12 Support SB 1693, providing for campaign expendiTure
limitations Motion of Councilman Gurnee, seconded
by Councilman Graham, Mavor Schwartz - aye,
Councilman Norris - no
13 Oppose Ab 2942, reducing in lieu tax allocations by
5% Motion of Mayor Schwartz, seconded by Councilman
Norris
14 Oppose AB 2041, extending disability benefits for
peace officers Motion of Councilman Norris , second-
ed by Mayor Schwartz
The City Attorney was asked to bring back furTher infor-
mation on AB 994 on environmental actions, AB 491 and 3097 on defense
of police officers, SB 1372 on earthquake standards for emergency
service buildings, AB 2673 on reserving 50% of sales tax on gasoline
for transit purposes, SB 522 on employee - employer relations,
AB 2090 on low- moderate income housing and SB 1495 on local code
enforcement and rehabilitation programs
3 Mr Miller and Mr Williamson reviewed the status of
negotiations with Woods Animal Shelter and the plans of the County
to take over a comprehensive program of animal control The County
Task force was inviTing representatives of all cities to a point
session Thursday morning at 10 00 A M to review progress to date
Robert Leitcher, who was a member of The Task force, was asked to
comment on the program He indicated There would be an emphasis on
conrrolling the actions of animal owners rarher than the old
"dog catcher" approach The intent of the County was to develop
a high quality program on a self supporting basis as much as possible
However, he noted there was a possibility that cities would be ex-
posed to a double taxation situation
In furTher discussion, the Council agreed that, in view of negoTiations
by the County to take over The Woods shelter or build a new facility,
it would not be practical for the City to duplicate facilities
However, City staff were directed to keep options open as much as
1
City Council Minutes
March II, 1974
Page 3
possible so that, if the county program got too expensive or
failed to be responsive, the City could take over portions of the
program or the whole operation It was also agreed that, because
of time elements, it was possible that the City and /or County
might have to continue with Woods for a while after July I on a
month to month basis
4 At this time, the Council asked for reports on various
phases of flood control in the City Mr Williamson reported on
the status of the Zone 9 work program and Mr Miller reviewed
informational material received on the Flood Disaster Protection
Act of 1973 The Council asked that the City Attorney and City
Engineer review this literature in greater detail and report back
April I on its implications as far as ordinance requirements and
engineering aspects were concerned Mr Romero gave a report on
the status of obstruction abatements and indicated this would be
discussed at the Waterways board meeting Thursday Mr Williamson
presented verbally a proposal by the Planning Commission to have
an ad hoc committee study the possibility of requiring property
owners along the creek to grant drainage maintenance easements
to the City It was agreed that this should also be referred to
the Waterways Board for recommendation
5 At this time, Mr Miller explained that the check list
on various elements of the League's Action Plan was developed
through a brainstorming session in connection with the City manager's
spring meeting held in Newport Beach the end of last month Some
suggestions were not practical but the list did provide some
ideas to consider
' 6A Councilman Gurnee presented his proposal regarding bike
paths dated February 20, 1974 including a recommendation that the
ECOSLO Bike Plan be updated, the subdivision ordinance be amended
to require new subdivisions to dedicate space and right of way for
bike paths, and an ordinance be drafted governing the establishment
of bike paths within the City as recommended by the City Attorney
He then mentioned several groups which might be interested in work-
ing on this program Mayor Schwartz said that eventually a bike
plan should be included in the circulation element and this matter
should be sTudied by the Planning Commission After further
discussion, it was agreed that Mr Williamson should have the bike
plan updated as the first step in implementation the program
Mr Miller said he was including a bike path section in each CIP
annual update for several years into the future
6B At this time, Councilman Gurnee reviewed his letter
of February 20, 1974, regarding discharges into the creek near
Tropicana He pointed out problems of overlapping Jurisdiction
by several agencies in this type of investigation and suggested
some type of control ordinance which would define authority and
procedures The Council agreed it would be a good idea for
Councilman Gurnee to continue looking into this problem if he
had the time
At this time, the Council authorized Mr Romero to order ornamental
Communication was presented from Mr Flory asking for
authority to
accept free use of the driving
range adjacent to the
Laguna Golf
Course as offered by the agent
for the property The
Council had
no objection and Mr Flory was
authorized to write such
a letter on
motion of Councilman Graham, seconded by Mr Norris
The motion
carried
At this time, the Council authorized Mr Romero to order ornamental
City Council Minutes
March 11, 1974
Page 4
electroliers for the south side of Monterey between Santa Rosa and
California leaving a single overhead wire to serve the street lights
However, Mr Miller pointed out that wooden poles would still
remain across the intersections until District 12 was formed,
presumably some time after 1984
On motion of Councilman Norris, seconded by Councilman Graham,
the Council adjourned to executive session at approximately II 00
P M
APPROVED May 20, 1974 l
itzpatrick, City Clerk
1
t
Pledge
Roll Call
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, March 18, 1974 - 7 00 P M
City Hall
PRESENT Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
ABSENT None
PRESENT R D Miller, Administrative Officer, A J Shaw,
Jr , City Attorney, Pat Gerety, Associate
Planner, David Williamson, Assistant Adminis-
trative Officer, D F Romero, City Engineer,
W E Flory, Director of Parks and Recreation
Dept , Don Englert, Police Captain, R A Paul,
Water Dept Director
I Council consideration of FINAL PASSAGE OF ORDINANCE NO 609
An ordinance of the City of San Luis Obispo amending the Municipal Code
to permit the operation of card game businesses on a twenty -four hour
basis by repealing previous provisions against operation between 2 00 A M
and 600 AM
The City Council discussed the ordinance briefly
Mayor Schwarts declared the public hearing open
No one appeared for or against the ordinance
Mayor Schwartz declared the public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Norris, Ordinance
No 609, an ordinance of the City of San Luis Obispo amending the Municipal
Code to permit the operation of card game businesses on a twenty -four
basis by repealing previous provisions against operation between 2 00 A M
and 6 00 A M , was finally passed on the following roll call vote
AYES Councilmen Gurnee, Norris, Brown, and
Mayor Schwartz
NOES Councilman Graham
ABSENT None
2 7 00 P M -- PUBLIC HEARING -- on the recommendation of the
Planning Commission to rezone, application No R -0444, Pacific Home
Improvement Center to rezone the block between High, Emily, Roundhouse
and Santa Barbara Avenue from M to C -H
Pat Gerety, Associate Planner, reviewed this application for the City
Council He stated the subject property was located within the block
bounded by High, Emily, Roundhouse and Santa Barbara Avenue The current
zoning of the property was M The property was developed with a home
improvement center, beer distributorship, and warehouse which were heavy
commercial uses, and the Building Contractors' Association office, a
City Council Minutes
March 18, 1974
Page 2
neighborhood commercial use He continued that surrounding land
uses included mixed residential and heavy commercial uses to the
west and heavy commercial uses to the north, east and south
The San Luis Obispo General Plan indicated the general area in which
the subject property was located as being appropriate for heavy
commercial land use He concluded that it was the opinion of the
Commission that the requested rezoning would not adversely affect the
health, safety and welfare of persons living and working in the
vicinity and would be appropriate to existing and surrounding land
use No E I R was required
Councilman Gurnee asked what the impact of the rezoning would be
on water flows, sewer, and other City services
D F Romero, City Engineer, stated that there would be no change in
the sewer system He was serving the M zone now
R A Paul, Water Department Director, stated that adequate water
service was available to the site and could be developed by the
applicant for adequate fire protection
Mayor Schwartz asked if the property was under one ownership
Pat Gerety answered that the property was owned by two people
Councilman Graham inquired about fire hydrants
Chief Schlobohm replied that there was no main on the railroad side
However, there was a fire hydrant on each corner He continued that
additional construction would need re- evaluation, and this would
come with any application for permit
Mayor Schwartz declared the public hearing open
No one appeared for or against the rezoning
Mayor Schwartz declared the public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Brown, the
following ordinance was introduced and passed to print ORDINANCE
NO 611, an ordinance amending the official map of the City of San
Luis Obispo
Passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and
Norris, and Mayor Schwartz
NOES None
ABSENT None
4 Presentation by the City Engineer of various alternatives
for improving Meinecke Street between Broad and Chorro Streets
(continued from March 4, 1974)
D F Romero, City Engineer, reviewed four alternates
A Provided for 4' sidewalks, 8' parking and 13' travel
lanes
B Provided for 6' sidewalks, 8' parking and 11' travel
lanes, this cost would be $13,700 and the Engineering
Staff recommended "B"
City Council Minutes
March 18, 1974
Page 3
C Provided for 8' sidewalks, 8' parking and 9'
travel lanes, the cost of this project would
be $15,500
D Provided for an 8' sidewalk only on one side,
8' parking lane and 13' travel lanes
' After discussion, Councilman Gurnee moved that staff approach the
property owners on option "B" with proposal that the property
owners pay for cost of driveway modifications They were also to
be polled on whether or not they wished to participate in neighbor-
hood tree program Motion was seconded by Councilman Brown and
carried
5 At this time R C Muravez, Operations Officer, reviewed the
request from the San Luis Obispo Garbage Company for a rate increase
(Continued from 12717773
Councilman Norris asked when the last raise was requested by the
garbage company
R C Muravez stated the last raise was in 1970 He also added that
there would be no change in the mode of service
A J Shaw, City Attorney, suggested that the matter be referred to
the City Attorney for preparation of an ordinance
Councilman Graham asked if ECOSLO had made a proposal to the garbage
company
' Mr Cattaneo said "no" He also made some brief comments regarding
the rate increase He verified that there would be no change in the
mode of service
Mayor Schwartz opened the meeting to public input
No one appeared for or against the increase
On motion of Councilman Graham, seconded by Councilman Gurnee, that
the City Attorney be directed to prepare the draft of an ordinance
for consideration by the Council Motion carried, all ayes
6 Memo from A J Shaw, City Attorney, regarding "Bike Package"
from the City of Davis continued from 3/4/74)
A J Shaw, City Attorney reported that he had obtained the Davis
Ordinance and suggested that the Council might wish to refer it to
the Traffic Committee
Mayor Schwartz felt it should go to the Planning Commission before
it came back to the City Council
Councilman Norris agreed with the Mayor's views
Councilman Brown also agreed with the Mayor
There being no objection, Mr Williamson was asked to review this with
the Planning Commission and Citizens' Advisory Committee with particular
reference to bike lanes on Los Osos Valley Road north of Madonna
7 Memorandum from Ma or Schwartz regarding proposed Ad Hoc
Task Force on Resource Inventory continued from 3/4/74)
Mayor Schwartz reviewed for the City Council his memorandum He felt
that it would inform the people of the City as to what was happening
City Council Minutes
March 18, 1974
Page 4
Councilman Brown agreed entirely with the contents of the memo
and felt it should be implemented as soon as possible
Councilman Graham agreed
Councilman Gurnee stated that he had given the matter great
thought and that he had come to the opinion that he did not
think this ad hoc committee would have as beneficial an effect
as the other Council members felt it would He then recalled
the Los Osos Valley water crisis and resulting moratorium He
did not see how this talking could help while the problem con-
tinued to get worse He felt the City would be asking a group of
people to do the Council's work He concluded that he felt that
the hearing should be scheduled for next month and that these pro-
cedures be processed
Councilman Norris stated that he was enthusiastic about the Task
Force Committee and felt that standards would have to be set He
did have some suggested changes in the Mayor's memo
1) Under Task Force Purpose, Mr Norris, wanted
to exclude item No 6 (Storm Drainage System)
2) Under Membership Qualifications, Mr Norris
wanted to add No 5 to include those citizens
who participated in the public hearing held on
the matter and who showed interest
3) Under Task Force Representation, Mr Norris
felt that a minister should not be included and I
possibly a member from the Parks and Recreation
Commission should be included
Councilman Brown felt that the City must go slowly and was very
much in favor of the Task Force Committee
Councilman Graham felt that anyone who was vitally interested should
be able to attend He also stated that he felt it was a good point
that the Park b Recreation factor was left out and he felt it should
be included He also felt that the storm drainage system should be
included
Mayor Schwartz stated he had different feelings on this Task Force
than either Councilman Gurnee or Councilman Norris He felt that
an educational feature would be the opportunity to explain physical
conditions to the citizenry He commented that he did not neces-
sarily want the committee to zero in on Ordinance No 604, but to
look at the overall problem He also stated that he felt strongly
about land inventory and resources must be controlled more carefully
Councilman Gurnee again expressed his desire not to hesitate on this
matter and to go ahead and process Ordinance No 604
Councilman Norris supported the
Task Force
concept
Mayor Schwartz stated this task
force would
assist the Council in
I
reviewing the criteria
On motion of Councilman Brown,
seconded by
Councilman Graham that the
Mayor's memo be adopted on the
Ad Hoc Task
Force and Resources Inven-
tory and proceed with the task
force as scheduled
Motion carried,
Councilman Gurnee voting no
Discussion was opened to the public
Citl Cc ncil Minutes
Marc d, 1974
Page 5
Mrs Maritha Hughes, Contractors' Assn , said she would be happy
to work with the City on this matter She also agreed that there
was a need to look over these facilities and stated that the
contractors know there was a problem
Mr Robert Barrows, 770 Meinecke Street, spoke in support of the
Mayor's suggestions
Hal Boyle, Building Trades Council, felt this was a good idea, long
overdue, and he was behind the City Council in their efforts
J B McDonald felt the ad hoc committee was a good idea, but that
the ordinance should provide for some population growth The big
question was what the Council was going to do about facilities He
asked why the City had not completed the Foothill loop He said
the only growth going on was Cal Poly
At this time, the hearing was closed
8 Presentation by the City Engineer of bike lane and bike
routes study on Los Osos Valley Road between Madonna Road and South
Higuera Street
D F Romero, City Engineer, presented to the City Council the plans
for bike lanes
Mayor Schwartz felt that his recommendations should be accepted
Mayor Schwartz opened the discussion to the public
' No one for or against the recommendations of the City Engineer
Mayor Schwartz closed the discussion to the public
On motion of Councilman Brown, seconded by Mayor Schwartz, the
following resolution was adopted RESOLUTION NO 2581 1974 Series)
a resolution of the Council of the City of San Luis Obispo establishing
parking restrictions and bicycle lanes on Los Osos Valley Road
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
NOES None
ABSENT None
Mayor Schwartz stated that each Councilman should look at the City
of Davis Report and further discussion should be scheduled for the
next meeting
9 Memo from the City Engineer of alternate possibilities for
bikeways, South Broad Street, in conjunction with Department of
Transportation widening project
' D F Romero, City Engineer, presented three alternates for bikeways
between Rockview and High Street
PLAN A -- 10' parkways, 8' bikeways, four 12' travel lanes,
16' two -way left turn lane in the middle
PLAN B -- Two 10' parkways, one 5' bikeway on the left -hand
side, one 8' parking lane on the right -hand side,
four 12' travel lanes, and 14' in the center for
two -way left turn lane
City Council Minutes
March 18, 1974
Page 6
PLAN C -- 6' parkway on the left, 10' parkway on the right,
8' parking lanes inside this, 5' bikeway inside
this, four 11'1/2' travel lanes and 12' in the
center for two -way, left -hand turn lanes
From a safety standpoint, the City Engineer preferred Plan A, but I
stated it would eliminate parking
Councilman Norris said he was against eliminating parking
Councilman Graham did not like Plan A
D F Romero stated that the City was holding up construction plans
It was originally planned to start the project a year from now The
Council began a discussion on zoning, setback, and relative problems
in connection with the widening
David Williamson, Assistant Administrative Officer, suggested deferring
any discussion until receipt of the Planning Commission recommendation
Mayor Schwartz stated that the City should start with the premise
that parking would be eliminated and utilities undergrounded even if
finances would be out of phase
David Williamson continued to explain implications of adjustments to
meet the physical widening and that the result would involve signifi-
cant policy decisions
Mayor Schwartz asked if the Planning Commission considered eliminating
parking
Pat Gerety, Associate Planner, said the Planning Commission was not
really looking at one street but at the broader picture
Councilman Brown felt time was not that important and the City should
wait for Planning Commission recommendation
R D Miller, Administrative Officer, asked if the decision of the
Planning Commission would affect negotiations and values
Pat Gerety agreed that it would affect these matters
It was generally agreed that the City Council should wait for a
Planning Commission set of recommendations before making a decision
on this matter
In the meantime, John Williams would be invited to go to work for
the City on a part -time basis and would be asked to determine whether
Broad Street was the only feasible route in this vicinity
10 At this time, the Council considered the communication from
John Holley, President, ASI, Cal Poly, suggesting agreement with the
City to purchase a specified number of tickets for resale to students
at a discount for San Luis Obispo Bus System to begin approximately
April 1 ,
Mr Holley suggested procedures for the Cal Poly student organization
to purchase bus tokens and resell them to the students for IOC One
of the ground rules would be that no one could resell the tokens for
a profit and they would be good for only one year --
D F Romero, City Engineer,explained the procedures and costs in
connection with the tokens and said that the ones which could be
obtained from the dog tag company could be obtained in a few days
City Council Minutes
March 18, 1974
Page 7
On motion of Councilman Gurnee, seconded by Councilman Graham, that
the City Engineer be authorized to order the tokens from the dog tag
company Motion carried
11 Memo from the City Engineer regarding
ways Planning Board at meeting of March 14, and
the part of the City Council
' D F Romero, City Engineer, had a request for a
Richard Burke whereas two members of the Waterw
Councilman Gurnee and Richard Schmidt preferred
actions of the water -
requesting action on
pipe arch bridge for
Sys Planning Board,
a free -span bridge
In the discussion it was pointed out that there was no problem in
capacity with the pipe arch bridge There were questions of aesthetics
and economics, but Mr Burke said he wanted to put aesthetics in the
building construction rather than the bridge The pipe arch bridge
would be less conducive to vandalism and 1/2 the cost
Mayor Schwartz asked about handling a 100 year storm
D F Romero replied in the affirmative
Councilman Brown who had missed the last Waterways Planning Board
meeting said he had no strong feelings regarding the free span bridge
Mayor Schwartz stated he would like to see it higher in elevation
On motion of Councilman Norris, seconded by Councilman Graham, that the
free span bridge be approved but raised one foot with a 2 to 4 foot
increase in width allowed
' A J Shaw, City Attorney, suggested reclarification of the overall
policy on this type of development and the Council agreed that he should
look into the matter
Mr Ethan Jennings, representing R Burke, gained approval from the
Council allowing Burke the option of building the free span bridge if
he finally decided this was more desirable
D F Romero then went into the matter of priority two structures and
priority three (natural obstructions to be abated)
Councilman Norris asked if any of the structures were put in with a
building permit
D F Romero was asked to bring back a staff report on this
On motion of Councilman Gurnee, seconded by Councilman Graham, the
City Engineer was authorized to proceed with category 3, natural obstruc-
tion abatements Motion carried
On motion of Councilman Gurnee, seconded by Councilman Brown, that before
taking action of Priority 2, structural abatements, the staff report should
come in on whether a building permit was involved Motion carried
12 At this time there was a personal appearance by representatives
of the Civic b Fine Arts Association presenting a report on the current
status of the proposed auditorium project on Cuesta College Campus
Jack Fabbri, representing the Civic & Fine Arts Association, pointed
out that the Council had committed itself to the idea of a community
center at Cuesta College He and Francis McNamara had met with Mr
Rogoway and determined there would be no adverse effect on the County
development north of Highway 1 if the auditorium were placed on the
campus The Civic b Fine Arts Association had contacted State and
Federal authorities to see if funds were available Nothing was
available except general revenue sharing funds
City Council Minutes
March 18, 1974
Page 8
He had asked Supervisor Kidwell to have the County set aside
$125,000 per year The Association had also looked at the
possibility of obtaining foundation funds The Association had
gotten each group together to discuss the type of facilities
Data was being gathered for floor plans
The Association also planned on getting together with the City
of Morro Bay to see if they could help He asked that the City
of San Luis Obispo consider advancing preliminary planning funds
R D Miller, Administrative Officer, stated there would be a major
policy decision coming up in connection with the C I P on whether
the auditorium would be built on the Cuesta College or in the
vicinity of the Mission Plaza
Mayor Schwartz asked several questions on whether the location on
Cuesta College would affect the County hold on property north of
the highway, the time schedule for commissioning of an architect and
so on
After extensive discussion on the whole matter the Mayor thanked Mr
Fabbri for his presentation and invited him to Join with the Planning
Commission and Council on consideration of the C I P update
13A Communication from Edward Jorgensen, Mens' Physical Educa-
tion Department, Cal Poly, (Tennis SLO requesting Council considera-
tion of construction of tennis courts in the Sinsheimer Recreation
Park Complex
A letter was also presented from the Park E Recreation Commission
Mr Jorgensen turned the discussion over to Robert Neal who said '
his group had a petition with 700 signatures urging the City to
build tennis courts now
$2,500 was donated by the Day Lions Club for a grading project to
be conducted by the EGCA, and the tennis group was anxious not to
lose this opportunity
W E Flory, Director, Park & Recreation Department, was asked to
comment on the proposal Drainage was the primary concern and other
problems involved the E I R approval, development of and grading,
design of the facilities, and so on
Mr Neal indicated that his group had the offer of an architect for
design purposes without charge
The Tennis Club was anxious to get courts and were not concerned with
the lights
After short discussion it was generally agreed by the Council that
the first unit of courts should be constructed in the near future
14 At this time, the Council considered a memo from W E Flory
for the Park & Recreation Commission regarding proposal for Master '
Planning of Laguna Lake Park and surrounding areas Approved by
Park & Recreation Commission and Planning Commission -- final draft
Mayor Schwartz said he was very impressed with the program presented
and added that possibly students could help on the topography and
facility model
Councilman Gurnee also was impressed with the plan and was concerned
with the environment and felt this was a major consideration
After discussion, on motion of Councilman Brown, seconded by
City Council Minutes
March 18, 1974
Page 9
Councilman Graham, that staff be authorized to start screening
consultants
15 Memorandum from the planning staff regarding Airport
Land Use Plan Planning Commission recommended that the City
Council adopt the County Airport Land Use Plan and procedures
guidelines
It was pointed out that the plan was not in conformance with the
City's General Plan and Pat Gerety, Planning Associate, suggested
the Council not adopt it formally but merely acknowledge it
It was agreed that the City Planning Director to be engaged shortly,
should give this matter consideration
In answer to a question on procedure, Joan Buckley from the County
Planning Commission staff said that the Airport Land Use Commission
would solve any disputes However, the County Planning Commission
had not considered the plan yet She went on to say that one of the
problems which caused conflict between the City and County was the
prevalence of higher densities in the City The discussion con-
cluded with the Council's agreement to acknowledge the Airport Land
Use Plan
The Mayor suggested that an overlay be prepared to cover the General
Plan and serve as a warning to developers in the airport area
16 Presentation of the City Engineer of plans and specifica-
tions for STREET RESURFACING PROJECT, City Plan No 35-74 (Cost
estimate $59,500 - money budgeted under Sales Tax Street Money )
D F Romero, City Engineer, reviewed the streets to receive major
maintenance
On motion of Councilman Gurnee, seconded by Councilman Graham, that
staff be authorized to proceed Motion carried
17 Council consideration of a memo from A J Shaw, City
Attorney, regarding pending legislation to limit access to criminal
records (discussion requested by Councilman Norris)
A J Shaw, City Attorney, indicated he would like to examine more
thoroughly implications, current amendments, etc The matter was
held over
At this time, the hiring of the KDG Firm was discussed
Councilman Norris questioned whether the contractor would be asked
to prepare an initial report on a trial basis, but it was indicated
the Councit had decided against this because of time constraints
' After a short discussion, on motion of Mayor Schwartz, seconded by
Councilman Brown, that the firm be hired and the staff authorized
to negotiate detailed programs, costs, etc , motion was carried
CONSENT ITEMS
On motion of Councilman Gurnee, seconded by Councilman Brown, the
following consent items were approved
C -1 The claims against the City of San Luis Obispo were
City Council Minutes
March 18, 1974
Page 10
authorized approved subject to approval by Administrative
Officer
C -2 On motion of Councilman Gurnee, seconded by Councilman
Brown, the following resolution was adopted RESOLUTION NO 2576
T-1-97 Series), a resolution increasing the 1973-74 budget
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and
Mayor Schwartz
NOES None
ABSENT None
C -3 On motion of Councilman Gurnee, seconded by Councilman
Brown, the following resolution was adopted RESOLUTION NO 2577
1974 Series), a resolution increasing the 1973 -74 budget
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and
Mayor Schwartz
NOES None
ABSENT None
C -4 Council consideration of a resolution of the Council of
the City of San Luis Obispo granting an easement for public utility
purposes across City owned land at the City Recreation Center This
item was continued for staff analyses
C-5A The memorandum from William E Flory, Director of Parks
E Recreation requesting permission to advertise for bids on new
furnishings for the Senior Citizens Center Addition was approved
C -56 On motion of Councilman Gurnee, seconded by Councilman
Brown, the following resolution was adopted RESOLUTION NO 2578
1974 Series), a resolution increasing the 1973 -74 budget
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and
Mayor Schwartz
NOES None
ABSENT None
C -6A The communication from J Warren Gardner, State Department
of Parks b Recreation, regarding Laguna Lake Park Development -
Phase III, Project $06- 00335, and enclosing agreement was approved
and authorization given to execute the agreement upon adoption of
a resolution '
C -68 On motion of Councilman Gurnee, seconded by Councilman
Brown, the following resolution was adopted RESOLUTION NO 2579
1974 Series), a resolution of the Council of the City of San Luis
Obispo approving and providing for the execution of a project agree-
ment for land and water conservation fund project No 06- 00335,
Laguna Lake Park Development, Phase III, between the City of San
Luis Obispo and the State of California Resources Agency
Passed and adopted on the following roll call vote
City Council Minutes
March 18, 1974
Page 11
AYES Councilmen Gurnee, Brown, Graham, Norris and
Mayor Schwartz " "
NOES None
ABSENT None
C -7 The QUITCLAIM DEED from Chorro Lodge No 168, 1 0 0 F ,
a corporation, for setback line widening purposes on the corner of
Higuera and Elks Lane was accepted and the Mayor was authorized to
record
C -8 The request from the Planning Commission to appoint an ad
hoc committee for the purpose of studying feasibility of City
acquisition of access easements along the creek system for mainten-
ance and flood control was referred to the Waterways Planning Board
It was agreed that the Waterways Planning Board would make recommen-
dations to the Planning Commission on the matter of City access
easements and the Planning Commission would report to the Council
later
C -9 Council consideration of the following salary step
increases
Nancy E Brady - Typist -Clerk II
From Step 2 or $536 to Step 3 or $568
Yvonne Hampton - Secretary
From Step 3 or $636 to Step 4 or $670
Douglas L Marks - Utility Plant Operator I
From Step I or $636 to Step 2 or $670
Kathleen T Michel - Legal Secretary
From Step 3 or $730 to Step 4 or $772
These salary step increases were approved effective
April I, 1974
C -10 The communication from La Fiesta de San Luis Obispo
requesting Council consideration and approval of necessary require-
ments was approved and the following resolution was adopted
RESOLUTION NO 2580 (1974 Series), a resolution of the Council of
the City of San Luis Obispo approving the closing of State Highway
for La Fiesta Parade
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and
Mayor Schwartz
NOES None
ABSENT None
C -I1 The communication from Pat Barlow, Human Relations
Commission regarding the Senior Citizens' Bus Request and T G I F 's
was ordered received and filed The communication regarding Taxicab
Drivers' Permit Ordinance was set for a public hearing
C -12 The communication from Pat Barlow, Chairwoman, Human
Relations Commission, requesting reimbursement of $40 per month to
Campus Christian Center for office space for the Social Services
Coordinator retroactive January I, 1974, was approved
City Council Minutes
March 18, 1974
Page 12
C -13 The communication from Sam Cathcart, Commander, 425th
Civil Affairs Company, proposing assistance to the community through
surveys, reports, documents, physical assistance, etc and requesting
April 9, 1974 to discuss the proposal with selected personnel to be
held at Camp San Luis Obispo Officers' Club was ordered received and
filed
C -14 The communication from Jeffrey R Bynes, Coordinator of
the Japanese Visitation Program, extending invitation to the City
Council to Join at opening ceremony on Saturday, March 23, 1974,
was referred for individual Council response
C -15 The communication from Everts L Horton, Committee for
Education on Alcoholism, requesting opportunity to address appro-
priate City agency to secure funds for Middlehouse was referred to
the Human Relations Commission
C -16 The communication from Sinsheimer P T A Board including
petition signed by 106 residents asking for no parking on both sides
of Augusta Street, and requesting public hearing on the matter, was
referred to the Traffic Committee
C -17 The communication from John King, Davis -King Development,
suggesting Architectural Review Commission consideration of ordinances
to provide practical ways of resolving desirable or imaginative
planning was referred to the Planning Commission and to the Archi-
tectural Review Commission for study
TRAFFIC COMMITTEE ITEMS
TC -1
74 -3 -1C At the request of the Council, the Traffic Committee has
considered the recommendation of the Waterways Board that Mt View
and Mission Streets be closed at Old Garden Creek Based on reports
from the Fire Chief and City Engineer, the Traffic Committee in a
split vote recommends that these streets not be closed However,
we also suggest that a public hearing be held on the proposal to
allow all City residents as well as nenghbors to comment
David Williamson, Assistant Administrative Officer, was authorized to
see that area plan was prepared in the vicinity of 101, edge of San
Luis Mountain, Broad and Chorro and then to present it to the Planning
Commission to evaluate the proposed closing of Mountain View and
Mission at Old Garden Creek
TC -2
74 -3 -2T We have received letters from the Principal and President
of the PTA for the Pacheco School requesting that the crossing guard
at Monterey and Grand be reinstated in view of the awkward traffic
situation and an increasing number of students crossing Monterey at
this location The Traffic Committee recommends approval subject to
a survey by the City Engineer and provided that the intersection
meets City standards (warrants) for crossing guard locations
This item was held over pending Council study of D F Romero's
communication which indicated that this location did not meet warrants
TC -3
74-3-3T A memo from Lieutenant Morrissey indicates that the police
department has been giving citations for improper use of loading
zones in accordance with Municipal Code provisions since the first of
the year You will recall that in December, the Council decided to
allow vehicles using our loading zones to stand more than five minutes
without activity and not receive a citation However, through a
misunderstanding, police department staff thought this only applied
City Council Minutes
March 18, 1974
Page 13
to the Christmas rush and has gone back to the five minute time
limit Lieutenant Morrissey's letter indicates that longer time
frames would make the ordinance unenforceable We agree and recom-
mend that the Council legitimatize the practice currently in effect
Recommendation was approved
TC -4
74 -3 -4T Mr Romero has presented a plan for red zones and
channelization on Chorro between Palm and Lincoln Streets designed
to provide a safer thoroughfare for motorists and bicyclists We
recommend approval and suggest that the matter be set for public
hearing
The matter was set for public hearing
TC -5
74-3-5T The Traffic Committee has received a request for a white
bus loading zone on the south side of Madonna east of Oceanaire to
accommodate school buses It is reported that a car parks there
quite often requiring the school bus to double park We recommend
approval for 40 feet of white zone
On motion of Councilman Gurnee, seconded by Councilman Brown, the
following resolution was adopted RESOLUTION NO 2582 (1974 Series),
• resolution of the Council of the City of San Luis Obispo establishing
• bus loading zone on Madonna Road
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and
Mayor Schwartz
NOES None
ABSENT None
WZ�II:
74 -3 -6T Request from a number of citizens that traffic be stopped
on Johnson at Laurel and that existing stop signs on Laurel at Johnson
be retained or removed passed on to the Committee by Councilman
Gurnee The Committee did not feel this would increase traffic
safety However, in accordance with earlier Council action, traffic
signals for this intersection have been included for consideration
in the CIP update to be considered by the Council in April This
project is listed as item No 17 in the City Administrator's proposed
list Also, the Committee asked the City Engineer to come back with
a report on the desirability of painting more red zone on the west
side of Johnson north of Laurel
The recommendation was approved
TC -7
74 -3 -7T Request of Sports Center, corner Higuera and South, for
3 minute time limit parking in front of their establishment on
South Street One of the problems here appears to be the parking
of wrecked cars on a long -term basis by an auto repair concern
located nearby We feel the first step is to clear up this problem
and then see whether there is still a parking problem in connection
with the motorcycle operation
Approve recommendation against 36 minute time limit parking in front
of Sports Center on South Street pending clean up of wrecked car on
street and further evaluation of problems
City Council Minutes
March 18, 1974
Page 14
TC -8
74 -3-8T Request by Jim Swift, Gusto, Inc , 1041 Chorro Street
for free motorcycle parking in the downtown area
Approve recommendation against proposal to provide free motorcycle
parking in C B D
TC -9 �h
74 -3 -9T Request by Joe Berkemeyer on behalf of Lagomarsino's
Wholesale Liquor outlet for permission to block the sidewalk on
Higuera Street for unloading purposes for twenty minutes every
week day starting at 9 30 a m
Approve recommendation that Lagomarsino's not be allowed to block
sidewalk daily
TC -10
74 -3 -1OT Recommendation by the City Engineer that the speed limit
on Chorro Street be raised to 30 mph
Approve recommendation against City Engineer's suggestion that speed
limit on Chorro be raised to 30 mph
TRAFFIC ITEMS HELD OVER
TC - II
74 -3 -IIT Suggestion by David Romero that traffic conditions could
be improved at the Foothill- Chorro -Broad intersection by reducing
the number of phases from 7 to 5 at a cost of several thousand
dollars Mr Romero is still exploring this matter with the
Department of Transportation
Delay in decision approved
TC -12
74 -3-12T Removal of stop signs on Broad Street Council decided
some time back to consider whether or not this should be done later
on in the spring
Delay in decision approved
TC -13
74 -3 -13T Recommendation by the City Engineer that the City recon-
sider the adoption of setback lines on Chorro Street Since his
original proposal was made many years ago, it was felt that Council
members on the Traffic Committee should have a chance to study this
before attempting to make a decision
Delay approved
TC -14
74 -3 -14T Request by Robison Electronics for restricted parking on
Sacramento (this is a half street) between the entrance to their
plant and Capitolio Way Mr Romero was asked to bring back a
recommendation on this
Delay approved
On motion of Mayor Schwartz, seconded by Councilman Gurnee the Traffic
Committee items were approved as recommended
At this time D F Romero presented information on the Transit System
and the Council agreed to release this information to the news media
Mayor Schwartz adjourned the meeting at 12 00 midnight
Approved July 16, 1974
-H. FITZPATRICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, April 8, 1974 - 7 30 p m.
Vi City Hall
Pledge
Rnii nail
' Present John C Brown, Myron Graham, ,T Keith Gurnee, Jesse Norris,
and Kenneth E Schwartz"
Absent. None
City Staff
Present J. H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, D. F Romero, City Engineer, A J. Shaw, Jr., City
Attorney
1. The City Council considered the new Water Quality Control Board
requirements for discharge from the sewage treatment plant.
D. F. Romero, City Engineer, submitted a brief analysis of the Water Quality
Control Board's requirements and listed questions and objections to the
requirements presented by the Board He-also submitted a copy to the City
Council of the California Regional Water Quality Control Board Central Coast
Region Order No 74 -34 tentatively proposed as of March 7, 1974 The City
Engineer stated that basically the waste discharge requirements outlined
the current situation at the City's sewage treatment plant points of dis-
charge into San Luis Creek, beneficial uses downstream and current standards
One of the chief recommendations of the Water Quality Control Board was the
prohibition of discharge of sludge and untreated wastewater to San Luis
Creek, and prohibited discharge of treated wastewater except during the
months of December, January, February and March of each year If these
requirements were to be met they would call for an extremely high level of
treatment which could-only be achieved by the City through an extraordinary
expenditure in improvements at the sewage treatment plant It was the
City Engineer's opinion that the standards were based upon the maximum re-
quirement which the Water Quality Control Board felt could be achieved by
this community and it did not consider whether the vast amount of money which
would have to be expended would provide a reasonable return in protection
to the environment for the capital expenditure being made He also listed
the Water Quality Control Board's staff recommendations on a time schedule
for compliance with the various requirements of their order The time schedule
as stated implied immediate action on the part of the City in hiring a con-
sultant to prepare the preliminary studies They also recommended a comprehen-
sive monitoring and reporting program of the water supply, the incoming sewage,
the effluent sewage and the-receiving waters of the creek This monitoring
program would become effective immediately with the adoption of the criteria
and would iequire the addition of personnel at'the plant as well as a sub-
stantial upgrading of the laboratory at the City's treatment plant.
Mr. John H Jenks, of Jenks S Adamson Consulting Engineers, also reviewed
_ very briefly the waste discharge requirements being recommended by the staff
of the Water Quality Control Board to be imposed upon the City of San Luis
Obispo. He reviewed the past experiences with the City's treatment plant
which he felt had been providing "a level of treatment well beyond that
found at most locations in the State and in mast respects was well above
that mandated by now - existing State requirements However, he stated
that the existing treatment and disposal facilities would not be capable
City Council Minutes
April 8, 1974
Page 2
of meeting the proposed new requirements without substantial change and'
at considerable cost to the City He continued that in assessing the sig-
nificance of the proposed new requirements to the City in respect to
necessary changes from the existing wastewater treatment and disposal
facilities, he believed there were two fundamental controlling requirements
(1) a prohibition of continued discharge of treated wastewater into San
Luis Creek at least during eight months of the year and (2) mineral consti-
tuent limitations for any discharge into San Luis Creek He stated to meet
the proposed prohibition would necessitate some form of land disposal
including possible irrigation but meeting the mineral constituent limitations
for possible periodic discharges to San Luis Creek would involve a rigorous
program of source control, probable elimination of home water softeners
and possibly demineralization as part of the wastewater treatment process.
After reviewing the tentative requirements of the staff of the Water
Quality Control Board, in order to meet the immediate needs of the new
requirements for wastewater disposal as part of the federal - national
Pollutant Discharge Elimination System Permit, while at the same time not
unduly burdening the City of San Luis Obispo, he suggested that the City
request that the Regional Water Quality Control Board modify several of
the proposed requirements in their preliminary letter He then reviewed
the required steps that the City should anticipate in order to meet the new
requirements.
(1) The City would be required to develop a plan for
elimination of the bypassing of raw sewage to San
Luis Creek and the plan was to be completed by
September 1, 1974
(2) The City would'be required to develop a plan for
pretreatment and source control of undesirable
waste being discharged to the City sewage system
The plan was to be completed by January 1, 1975.
(3) The City would be required to implement the plan
by eliminating bypassing,to San Luis Creek
This work ,to be implemented by October 1, 1975.
(4) The City would be required to develop a plan for
alternate means of disposal of wastewater This
plan to be completed by March 1, 1976
(5) The City would then be required to construct a major
wastewater disposal facility at some time in the
future to be completed by July 1, 1977
In addition to the preceding five steps, the City would be required to im-
plement a plan for pretreatment and source control of undesirable -waste
entering the sewage system Implicit,in the proposed new requirement was
the assumption that this was necessary and could be accomplished with
reasonable effort on the yet to be determined local industry Also in
addition to the foregoing items, the City would be required to institute
a greatly increased amount of laboratory work in connection with the pro-
posed monitoring program revisions which are part of the proposed new
requirements This additional work was to commence immediately upon adoption
of the new requirements, although fiscal year budget limitations probably
would be recognized at this time Therefore, he concluded that the City
should attempt to have the proposed new requirements of the Water Quality
Control Board modified as he suggested and that after adoption of the final
requirements in May, immediately develop an implementation schedule to more
specifically define the items which were to be done and for presentation
to the State for grant scheduling purposes He thanked the City Council
City Council Minutes
April 8, 1974
Page 3
for allowing him to work with the City on this project
On motion of Councilman Gurnee, seconded by Councilman Norris, the City
Engineer was authorized to write to the Water Quality Control Board
Central -Coast Region asking for amendments to the tentative requirements
as submitted by the staff. Motion carried unanimously
2. The City Council considered a recommendation from the Promotional
Coordinating Committee to provide a grant of $2,000 of City promotional
funds to Associated Students, Inc , of Cal Poly for the•purpose of publi-
cizing Poly Royal and associated events scheduled for the spring of 1974
Mayor Schwartz left the meeting due to a possible conflict of interest
Vice -Mayor Brown presided
Lachlan MacDonald, Chairman of the Promotional Coordinating Committee,
spoke on behalf of the Committee's recommendation of $2,000 to,be granted
to the Associated Students, Inc , of Cal Poly for the purpose of publicizing
1974 Poly Royal and associated events. He stated that it was the Com-
mittee's feeling that this event was one of the major events within the
City of San Luis Obispo and benefits not only the University but was also
a great asset to the citizens of San Luis Obispo as an educational and
recreational activity as well as an aid to the City's business and employment
and other economic advantage He continued that all activities of the Poly
Royal are self - supporting, that no funds are available for advertising
and promoting of the event and the City promotional funds would be used
for this purpose Complete financial reports of expenditures would be
submitted to the Committee for review subsequent to this year's Poly
Royal.
Councilman Graham was opposed to City funds -being used for advertising and
promotion.
Councilman Gurnee objected to the City funds being used for promotion
and advertising for Poly Royal and stated he.would rather give the Poly
Royal.Committee.$2,,000 for free passes to the young, poor and under -
privileged-of the City
Councilman Norris supported the recommendation of the Promotional Co-
ordinating Committee as he felt the Poly Royal program was an asset to
the City.
On motion of Councilman Graham,iseconded by Councilman Gurnee, that
$1,000 of City funds be granted to the Associated Students, Inc., of Cal
Poly to promote and advertise the Poly Royal celebration and that $1,000
be granted to A S I for tickets for activities at Poly Royal for the poor,
the elderly and the underprivileged After discussion, Councilman Gurnee
withdrew his second. _
On motion of Councilman Norris, seconded bynCouncilman Brown, the following
Resolution was introduced RESOLUTION NO 2585, a Resolution of the
Council of the City of San Luis Obispo approving a grant to the Associated
Students as recommended by the Promotional Coordinating Committee.
' Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee,-and Norris
NOES None
ABSENT Mayor Schwartz
City Council Minutes
April 8, 1974
Page 4
Mayor Schwartz returned to the meeting
3. Communication from Central California Communications Corporation
(Cable TV) -requesting Council support in opposition to Section 3 of
Senate Bill 1361 which, if enacted, would bar the cable systems from carrying ;
any live professional sporting events on any Los Angeles or San Francisco
television station. Further, if adopted, the bill could also include all
live collegiate sporting events presently presented•on_the_ local-cable
system: Therefore the Central California Communications?Corporation
on behalf of the public's interests, urged the City Council to go on
record opposing Section 3 of Senate Bill 1361
On motion of Councilman Gurnee, seconded by Councilman Graham, the follow-
ing Resolution was introduced RESOLUTION NO 2587, a Resolution of the
Council of the City of San Luis Obispo requesting U S Senate Subcommittee
on Patents, Trademarks and Copyrights to eliminate "Sports Blackout"
section of U.S Senate-Bill 1361..
Passed and adopted on the following roll call vote.
AYES Councilmen Brown, Graham, Gurnee, Norris, and
Mayor Schwartz
NOES None
ABSENT None
9 30
p.m
Mayor Schwartz declared a recess.
9 40
p m
The Council meeting reconvened with all members present.
4 Communication from Californians for Parks, Beaches and Wildlife
urging that the City Council of the City of San Luis Obispo officially
endorse the adoption or passage by the voters of Proposition No 1 on the
June primary ballot, which is the State bond issue which would provide
$250 million for new park facilities and development of existing resources
or historical features of the State Park System and for fish and wildlife
conservation
On motion of Councilman Gurnee, seconded by Councilman Graham, the following
resolution was introduced. RESOLUTION NO. 2588, a Resolution of the Council
of the City of San Luis Obispo Endorsing Proposition 1 on the June 4,
1974 Statewide Ballot
Councilman Norris objected to the City Council entering into this type of
action as he felt it should be decided by the vote of the people within
the community when they have been informed
Passed and adopted on the following roll call vote
AYES. Councilmen Brown, Graham, Gurnee, and Mayor Schwartz
NOES Councilman Norris
ABSENT None
5. At this time the City Council reviewed the current annexation
policy for guidance of City staff and various citizens' commissions.
City Council Minutes
April 8, 1974
Page 5
Councilman Norris felt that the City Council should accept applications .
and petitions for annexation to the City and the City Council should study
each annexation as it came before the City Council and weigh the merits or
detriments of each proposed annexation
Councilman Gurnee felt that no annexations should be considered and no
petitions should be accepted until the City had adopted a program of
extending facilities to serve the newly annexed areas and further, no
annexation should`be�considered, until the overburdened facilities presently
in existence had been corrected .
Councilman Graham felt that no annexations should be considered by the City
Council until the water system had been improved and was available to
any area considering annexation
Councilman Brown felt that the City Council should keep its options open
and consider each annexation and each application on its own merits He
felt it would be wrong to say that the City Council would accept all
annexations dust as it would be to say that they would accept no annexations.
Mayor Schwartz felt that each annexation should be looked at in view of
the City's capacity to serve the area at the time the annexation was
requested. He further felt that the City Council should make no changes an
existing policies but should wait for a recommendation from the citizens
ad hoc committee which was presently studying the overburdened facilities
problem throughout the City of San Luis Obispo
Councilman Gurnee felt no annexations should be allowed until the Council
was sure that adequate public facilities were available to serve the area
annexed.
' On motion of Councilman Gurnee, seconded by Councilman Graham, that the City a
Council amend the nnexation policy to prohibit any annexation until suf-
ficient water supplies were available throughout the City
Motion lost on the following roll call vote
AYES Councilmen Graham and Gurnee
NOES Councilmen Brown, Norris, and Mayor Schwartz
ABSENT None
On motion of Councilman Brown, seconded by Councilman Norris, that the
City Council continue its existing policy regarding annexations until
further study
Motion carried on the following roll call vote
AYES Councilmen Brown, Norris, and Mayor Schwartz
NOES Councilmen Gurnee and Graham
ABSENT None
I 6. The City Council continued consideration of the 1974 -75 Capital
Improvement Program Priority Listing.
City Council Minutes
April 8, 1974
Page 6
7 The City Council adjourned to,12 10 Wednesday, April 10, 1974
APPROVED. August 19, 1974
0
GJ! $rM ZPATRICK, CITY CLERK
1
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
APRIL 8, 1974 - 12 15 P M
Conference Room, City Hall
Pledge
Roll Call
Present
City Staff
Councilmen John C Brown, Myron J Graham,
T Keith Gurnee, Jesse E Norris, Mayor Kenneth
E Schwartz
Present J H Fitzpatrick, City Clerk, R D Miller,
City Administrator, A J Shaw, Jr , City
Attorney, David Williamson, Assistant
Administrative Officer, Lane Wilson, Park
Foreman, James Stockton, Assistant Park
and Recreation Director
Also Present Mrs Valerie Endres, Chairwoman, City Planning
Commission
1 R D Miller, Administrative Officer, reviewed for
the City Council the procedures used in arriving at the priority
listing for the 1974/75 capital improvement program for Council
consideration He also reviewed the various categories as
follows
Category I - Completed C I P by fiscal year
Category II - List of C I P funded, in planning
stage or under construction
Category III - Reserve accumulations
Category IV - Proposed C I P projects for 1974/75
The City Council then reviewed the four categories and started
the 1974/75 C I P as follows
Category III (Major classifications for which reserve fund
accumulations have been established Chronological order of
introduction to this section indicated by numbers To be
placed in this category, major classification (letter) total
should exceed $100,000 )
Accumulations
1974/75
Total
A Sewage System
Improvements
1 Sewage Plant
Improvement
$ 25,000
$ 150,000
B Circulation System
Improvements
7 Widen west
side Higuera, Marsh
to Madonna
20,000
80,000
16 Bike path
system
15,000
30,000
City Council Minutes
April 8,•1974
Page 2
C Water System Improvements
3 Rehabilitate Water Plant No 1
13 Major water facilities, Los
Osos Valley & Lower Hi.guera
Street areas
$ 25,000
Note A good portion of this would not be
transferred to reserve but would be
spent directly from revenue sharing
funds
$ 150,000
1,000,000 '
D Recreation Structures
8 New recreation center
25,000
100,000
10 Swim pool construction
50,000
150,000
14 Lighted tennis courts
25,000
75,000
E Park, Creek and Open Space Acquisitions
5 Foothill Saddle
10,000
100,000
6 Cerros
20,000
80,000
12 Creek elemenLs_J
25,000
65,000
F Fire Facilities
G Library Building Fund
11 Library center or branches
20,000
;_60,000
H Drainage System Improvements
15 Major flood control measures
including open space acquisitions
50,000
100,000
Category IV (Proposed List of Capital Improvement Projects 1974/75)
Previous
C I P No
1 WATER - Construct major facilities, Los
Osos
73 -74 #1 &
Valley and Lower Higuera Street areas
Reserve C -13
2 SEWER - Study of sewage collection, treatment
and disposal needs
70 -71 #1
3 PLANNING PROGRAMS
(a) Implement general plan by developing
precise plans and setting up regulatory
systems (precise plans to include neigh-
borhood areas, Hoffman airport area and
"central city "), revise zoning and sub-
division ordinances, update circulation
element, prepare civic center and historic
element plans, complete resources inventory
including actual utility line capacities,
and develop basic cost benefit data Co-
ordinate with Zone 9 studies
1
1
0
1
1
City Council Minutes
April 8, 1974
Page 3
(b) WATER - Engineering studies for Edna 73 -74 #60
Valley system improvement and for other
portions of City
(c) Development of master plan for neigh-
borhood and community park development
in connection with requirements of park
land dedication ordinance
4 BUILDING REMODELLING - Combine remodelling of 73 -74 #6 &
City Hall basement to provide additional 72 -73 #14
offices with Council Chamber project
5 STREETS - Widening Johnson Avenue, east side,
Lizzie to San Luis Drive 72 -73 #3
6 STORM DRAINAGE - Old Garden Creek at Lincoln
and at Broad 72 -73 #19
7 WATER
(a) Substandard systems Incremental improve-
ments required in connection with private
developments - limit $20,000 per quarter 73 -74 #31 (a)
with no carry -over of unused portions
(b) Pre -1942 system improvements - Phase II
8 STORM DRAINAGE - Broad Street south of Serrano
(Boriack) - also Old Garden Creek at Mt View
73 -74
#9
9 STORM DRAINAGE - Cooperation with D 0 T
73 -74
#3
structural revisions at Marsh Street and
(c) &
4
Los Osos Valley Road extended
10 (a) UTILITY UNDERGROUNDING - City share,
both sides Santa Rosa from south side
73 -74
#14
Marsh to Mill and east side Osos from
south side Marsh to Mill
(b) STREET - Widen west side Santa Rosa,
Portion
Monterey to Higuera
71 -72
#17
2 The meeting adjourned to 12 15 p m , Wednesday,
April 11, 1974, on motion of Councilman Gurnee, seconded by
Councilman Brown
Approved May 20, 1974
,- FITZPATRICK
'CITY CLERK
(b)
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
APRIL 10, 1974 - 12 15 P M
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
Present Councilmen Brown, Graham, Gurnee, Norris,
Mayor Schwartz
Absent None
City Staff
Present J H Fitzpatrick, City Clerk, R D. Miller,
City Administrator, David Williamson,
Assistant City Administrator
Also Present Mrs Valerie Endres, Chairwoman, City Planning
Commission, D J Van Harreveld, Chairman, City
Park and Recreation Commission
1 R D Miller, Administrative Officer, announced the
appointment of Randolph Dickson as Police Officer, at Step 1,
$816 00 per month, effective April 16, 1974 subject to one
year probation
2 J H Fitzpatrick, City Clerk, reported on the following
bids received for Santa Rosa Park Lighting ,
ALECO SALES CO ELECTRIC SUPPLY
1732 E 21st St OF SAN LUIS OBISPO
Los Angeles 161 High Street
San Luis Obispo
Item 1 - Four Type A
floodlight units with
cross arm adaptors,
lamps and ballast $794 80 $900 00
Item 2 - Four Type B
floodlight units with
cross arm adaptors,
lamps and ballast $818 40 $900 00
Item 3 - Nine Type C
floodlight units with
cross arm adaptors,
lamps and ballast $1,788 30 $2,025 00
Item 4 - IThreE Type D
floodlight units with
cross arm adaptors,
lamps and ballast $631 20 $675 00 ,
ALECO SALES CO - Delivery three to four weeks after date of
purchase order FOB factory - full freight allowed
ELECTRIC SUPPLY OF SLO - Delivery in twenty days
City Council Minutes
April 10, 1974
Page 2
R D Miller, Administrative Officer, recommended that the
low bid of Aleco Sales Company be accepted by the City
On motion of Councilman Graham, seconded by Councilman Brown,
that the low bid o Aleco Sales be accepted and contract
awarded Motion carried
3 D F Romero, City Engineer, submitted a letter to
the City Council which stated that in submitting his C I P
recommendations, he considered the circumstances at the time
the list was submitted, and dial not consider ordinances which
might be adopted at future times Therefore, the Overburdened
Facilities Ordinance was not a consideration in the C I P
submittal If the Overburdened Facilities Ordinance is
adopted and if the standards are not modified from those
previoualy_ submitted, the result would be prohibition of build-
ing construction in large portions of the community On that
basis, all of those lines listed as overburdened would be
Number One priority on the list even though few, if any of them,
are giving the City maintenance problems at this time
He attached a copy of the sewer lines now found to be over-
burdened by theoretical calculations Total cost for reliev-
ing those overburdened lines is $113,302
4 Mrs Valerie Endres, Chairwoman of the City Planning
Commission, submitted for the Council's consideration the
recommendations of the Planning Commission for the 74/75 C I P
priority list
' 5 The City Council then continued to establish the priority
list for the 74/75 C I P
11 STORM DRAINAGE - Removal of remaining water and 73 -74 #10
sewer line obstructions from waterways (a & b)
12 PARKS - Complete master plan for Sinsheimer Reserve
Park, approve Environmental Impact Report, D -14 &
approve grading plan clearing with Waterways 73 -74 #13
Board, do grading project and construct tennis
courts, Phase I Construct restrooms, con-
cession stand and press box facility
13 PARKS - Execute Phase III Laguna Lake Park 73 -74 #41
development
14 PARKS -
(a) Develop precise plan for Laguna Lake Park 73 -74 #12
(b) Develop study of Mt San Luis and Bishop's
Peak for open space definition
Councilman Norris opposed inclusion of Item 14b
15 FIRE - Construct driver training course at 73 -74 #18
sewer farm
Councilman Gurnee opposed
6 On motion of Councilman Graham, seconded by Councilman
Gurnee, the meeting adjourned to 12 TO-7 m , Thursday, Apr_f_,
1974 Motion carried
Approved May 20, 1974 /l
�%'H ITZPATRICK, CITY CLERK
r
Pledge
Roll Call
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
April 11, 1974 - 12 15 P M
Conference Room, City Hall
PRESENT John C Brown, Myron Graham, Jesse Norris
and Mayor Kenneth E Schwartz
ABSENT T Keith Gurnee
PRESENT J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, David Williamson, Assistant Administrative
Officer
1 The City Council continued their priority listing for the 1974/75
C I P program
C I P items 16 through 139 were approved as listed in Resolution No 2586
(1974 Series) dated April 15, 1974
Councilman Norris opposed the priority listing of No 33, as he felt some-
thing should be started as a reserve this fiscal year
2 On motion of Councilman Brown, seconded by Councilman Graham
the meeting adjourned at 1 45 P M Motion carried, Councilman Gurnee
absent
APPROVED July 1, 1974
F ATRICK, CITY CLERK
1
i
1
r
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
APRIL 22, 1974 - 7 00 P M
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
Present John C Brown, Myron Graham, T Keith Gurnee, Jessee
Norris and Mayor Kenneth E Schwartz
City Staff
Preseni J H Fitzpatrick, City Clerk, R D Miller, Administra-
tive Officer, David Williamson, Assistant Administra-
tive Officer, A J Shaw, Jr , City Attorney
I At this time the City Council held a public hearing on the pro-
posal to adopt an ordinance providing for the regulation of contributions
and expenditures in Municipal Elections
A J Shaw, City Attorney, reviewed for the City Council the provisions
of the proposed ordinance He also explained upon question the oDinion
of the State Attorney General which stated that election control was a
statewide concern and that cities could not enact laws controlling elec-
trons and election procedures He felt that this did not apply to charter
cities and that the opinion only applied to general law cities He felt
that charter cities could enact rules and regulations governing local
election of municipal officers which was strictly a municipal affair as
long as they were more restrictive and not less restrictive Than the
state law He continued that Senate Bill 1693, a 1974 legislative pro-
posal, which was now before the legislature as an urgency proposition
would amend the state law to allow all cities and counties to control
elections and to make rules and regulations more stringent than existing
state law He also stated that the Superior Court (in the Newport Beach
case) found that the state had not pre- empted the field and that cities
could establish election procedures for each city He also stated that
the City of Huntington Beach had also received a favorable decision on
an election control ordinance, although, he did note that the decisions
in both cases were at the Superior Court level and not at the Appellate
level Upon question he stated he felt that the City Council could pro-
ceed and adopt to election reform ordinance as far as municipal elections
were concerned, and he felt that the courts would recognize that this was
a municipal affair
A J Shaw, City Attorney, then reviewed in detail the ordinance under
consideration oy the City Council at this time He reviewed section
4501 which stated the purpose and intent of the ordinance was
I to olace realistic and enforceable limits on the dollar amounts
individuals might contribute and candidates might collect and expend
in political campaigns in municipal elections,
2 To insure and promote integrity, honesty and fairness in the pro-
cess of governmental decision making,
3 To insure that funds and services donated to a candidate were
used solely for lawful campaign purposes,
4 To insure a level of discussion of public issues adequate for a
viable political campaign by providing voters with the information
necessary to make a full assessment of each candidate before voting,
City Council Minutes
AprilO 22, 1974
Page 2
5 To provide an opportunity for all citizens to become candidates
for public office unhindered by the need to meet exorbitant cam-
paign costs,
6 To require full public disclosure of campaign contributions to I
such campaigns and the purpose and amounts of expendiTures in polit-
ical campaigns in municipal elections, and --
7 To provide full and fair enforcement of all the provisions of the
ordinance
He then reviewed the various definitions
contributions, how they could be handled,
and methods of control He also reviewed
limitation on total campaign expenditures
for incumbent office holders and 12¢ per
office seekers
3s used in the ordinance, reviewed
how the candidate could refuse them,
section 4506, which placed a
to IOC per registered voter
registered voter for non incumbent
He also reviewed for the City Council methods of controlling the campaign
expenditures by making the City Clerk a part of each campaign treasurer
or candidates campaign operation in controlling funds received and funds
expended by the candidate
He also reviewed the additional campaign statements that would be re-
qutred, and the fact that the campaign statements of and contributions
To each candidate would be advertised in the newspaper prior to the elec-
tion He also reviewed the duties of the City Clerk in enforcing The
ordinance
Mayor Schwartz stated that he wished to limit discussion to the City
Council and staff and then open the meeting for input by the public who
were present and wished to speak
Councilman Gurnee suggested two minor changes in the ordinance o n or to
publication for clarification of the rules and regulations
Councilman Norris stated that he did not feel that the proposed ordinance
could be enforced in light of the Attorney General's opinion that city
elections were of statewide concern end that the state had pre - empted
the field FurTher, he was also opposed to the adoption of this ordinance
as he felt it was against the civil rights of the citizens of The City in
trying to control their activities in the election process He felt that
the City should continue consideration of this matter until Senate Bill
1693, 1974 Sessions, had been adopTed by the legislature He felt that
excusing the allocation of funds for volunteer labor in a campaign state-
ment was unfair, and that free labor had some value ,lust as money and that
labor should be included in campaign statements forVfair and equal treat-
ment of all candidates
Councilman Norris then went through the ordinance section by section IISTIng
his objections and suggesting changes to the ordinance if the Council was
serious about passing this ordinance
Mayor Schwartz then reviewed several sections of the proposed ordinance '
asking for clarification of wording and definition
The rest of the Council stated they would hold their commenTS until after
input from the public
Mayor Schwartz then declared the meeting open to the public for their input
City Council Minutes
April 22, 1974
Page 3
Mrs Glennadeane Dovev, Prisident of the League of Women Voters of the
City of San Luis Obispo, submitted a statement before the City Council
in regard to the election campaign contributions and expenditures or-
dinance amending the Municipal Code, Article 4 She stated that following
a study of campaign financing by all local leagues in the country last
fall, the League of Women Voters of the United States reached a consen-
sus which reflected their continued concern for open and honest elections
and for maximum citizen participation in the political scene at all levels
of government The League of Women Voters believed that changes must
be made in the methods of financing political campaigns in order to make
our government more accountable, more representative and more responsive
to all citizens The goals of a campaign finance system should be to
ensure the public's right to know, to combat corruption and undue influence,
and to enable candidates to compete more equitably for public office
To achieve these goals, the League, favored' a system of _combined_ private and
public funding and supports measures which
I Require full and timely disclosure of all campaign contributions
and expenditures,
2 Require each candidate to designate one central committee to co-
ordinate, control and report all financial transactions,
3 Limit the size and type of contributions from all sources, in-
cluding stringent limits on the use of cash, and
4 Limit total expenditures consistent with full discussion of the
issues and adequate exposure of the candidates
The League of Women Voters of San Luis Obispo County, therefore, supported
those sections of the proposed local election campaign contributions and
expenditures control ordinance which deal with disclosure and limitations
y� However, they did oppose Section 4507 (a), regarding Volunteer Services,
as the League of Women Voters supported broad -based citizen involvement
in campaigns and believed that Dart of the democratic process was to in-
volve acitvely as many citizens as possible during an election Thus,
volunteers would be encouraged to give their time and energies to the
support'of their favorite candidates without thought or expectation of
any monetary remuneration or future favors Therefore, the League of
Women Voters of San Luis Obispo, California, encouraged the Council to
consider 'the adoption of the proposed ordinance with the amendment as
suggested in Section 4507 (a)
Mrs Arsenio spoke on behalf of a group of citizens, naming 15, who have
studied this ordinance as a group and stated they supported the ordinance
in its entirety They also felt that the statement Dresented by Mrs
Covey of the League of Women Voters expressed their feelings as well on
this matter, and they would not attempt to review the entire items again
for the City Council
Mr Mike Morris, Attorney, spoke in opposition to the City Council con-
sidering the adoption of the proposed ordinance as he felt that the
existing state law on campaign expenditures was quite comprehensive and
should not be further confused with each little city in California adding
to the election regulations He felt that election cost disclosure was
good and should be implemented for the purity of elections and would
be an asset in future elections But, he felt that this should be done
on a statewide basis and not by a county -by- county or city -by -city action
City Council Minutes
April 22, 1974
Page 4
He then reviewed sections that he found questionable or that he op-
posed Sections 4502(3) and 4506(1), he was not in favor of a dollar
amounT being placed against each registered voter He also objected
to Section 4506(2), 4508(a), 4510(a3) And finally, he felt the en- '
tire ordinance as proposed by the City ATTorney for The City Council's
consideration was in violation of the first amendment of the United States
Constitution and did not honestly feel that the City Council could adopt
such a document
H Miossi objected to the requirement of keeping track of volunteers
who help in a campaign He felt that every citizen should help and
take part in the election process He, too, disagreed with the At-
torney General's opinion as he felt That cities had the right to enact
laws stricter than State Laws, which contro lled their destiny Finally,
he felt that this issue had a strong support of the first amendment, which
protected the right of all citizens to make changes in government without
spending large sums of money, or limiting it only to the rich of the
community He was in support of the ordinance with minor wording modifi-
cations
William Alexander was in support of the ordinance and felt that limiting
expenditures in a city election was a step in the right direction and would
avoid the elecTion of wrong persons to office because of the money spent
on their behalf He was in support of limits on the amount of monev
that could be spent in a city election
Don Sylvia, representing the Public Employee's Council, objected to the
limit on the activities of the Public Employees' Association in endorsing
candidates for various public offices, particularly City Councils and
Supervisors Don Sylvia had in mind particularly a newsletter put out
by a group of Public Employees' Organizations supporting or condemning
candidates for public office
A J Shaw, City Attorney, felt that this letter was in the nature of a
newsletter to the members of the organization who paid dues to that
organization and in that nature would not be a campaign document
Finally, Don Sylvia stated that he was opposed to Section 4505(3f) which
he felT eliminated his right to work on behalf of candidates who would
support his employment with the City -- either the charter was wrong or
the proposed ordinance was wrong
Mary Rhodes was in support of the proposed ordinance in an attempt to
reform financing of local campaigns for elections She was opposed to
the section requiring the listing of volunteers' time as a financial con -
tribution to a campaign She felt that everyone should take part in
every candidate's campaign
Donald Smith was in support of the ordinance, felt the City of San Luis
Obispo should take the lead in cleaning un the election process
Mavor Schwartz closed the public hearing and slated that after the break
the City Council would again discuss the proposed reform ordinance
9 25 P M recess
9 40 P M the meeting reconvened with all Councilmen present
City Council Minutes
April 22, 1974
Page 5
Councilman Gurnee again stated he was in support of the adoption of
the ordinance and read the section of the ordinance that provided for
the appointment of a committee by the.Council to review the operation
tof)the ordinance following the 1975 City Election, to see if any amend-
ments are needed He concluded that he felt the proposed ordinance was
fair to all candidates, would protect all candidates, also would assure
the voters of full disclosure of who was supporting each candidate He
urged Council to pass ordinance to print
Councilman Norris stated that he was in support of the disclosure pro-
visions of the ordinance, but was opposed to sections that take away
individual citizens-' rights protected by the first amendment to the con-
stitution He felt this ordinance took away the public's right to sup-
port any candidate of its choice He felt the ordinance was ambiguously
written and unclear, and he felt that if adopted would dust not allow
good people to run for city office due to confusion of the ordinance
He also felt that the City should not take any action until the Attorney
General's opinion has been overturned by the courts He felt the Council
should not pass this ordinance until the state legislature has adopted
the law which sould allow the cities to enact this type of legislation
Councilman Brown felt that this ordinance was unnecessary and was not
needed at this time He agreed with disclosure provisions, but felt
that all the detail and procedure was unneeded He felt San Luis Obispo
should follow the state law and not pioneer legislation in this field
He felt the ordinance should be simplified and also to see what comes
of the courts or legislature on this subject He felt that the City of
San Luis Obispo would not have an election until 1975 and that would give
the courts and legislature an opportunity to make good law for the State
of California
Councilman Graham stated he was in support of the ordinance in principal
He felt detail in the election field was needed and that purity of elec-
tions was needed now He felt that this ordinance should be adopted as
amended by the City Council and with public suggestion tonight
Mayor Schwartz felt that election reform was needed and it was being pro-
posed at all levels of government, federal right down to city, and he felt
that input from the public, staff and council have made progressive amend-
ments to make the ordinance much more realistic and workable He felt
that San Luis Obispo should take a leadership role in this field if the
majority of the Council felt that this reform were necessary, as he did
He also felt that this ordinance would allow any citizen to run for city
elective office without going into debt in order to do so He also felt
the City should pick up the cost of administration of the ordinance if
it desired clean elections He felt that the 10¢ and 12¢ per voter
was fair to both the incumbent and to the challenger He felt that the
past history of election expense of San Luis Obispo had been much higher
than this He felt with full knowledge of who was supporting whom in an
election the citizens would feel secure that their elections were clean
and they would know who supported whom He suggested that Section 4504
be eliminated, as he felt It was not needed, and with that change he would
support the proposed city ordinance
On motion of Councilman Gurnee, seconded by Councilman Graham the following
ordinance was introduced and passed to print ORDINANCE NO 614 (1974
Series), an ordinance of the City of San Luis Obispo amending the ,Suni-
cioal Code by adding Chapter 5 to Article IV, and providing for the regula-
tion of contributions and expenditures in Municipal Elections
City Council Minutes
April 22, 1974
Page 6
On the following roll call vote
AYES Councilmen Gurnee, Graham, End Mayor Schwartz_
NOES Councilman Brown, and Norris
ABSENT None
Y * } * T 1 * * * { F * lY * �
Consent Items
C -1 Communication from Mrs Patricia Barlow, Chairwoman, Human
Relations Commission, recommended that the City Council approve the
appointment of Rev Orloff Miller as Social Services Coordinator for
the balance of the fiscal year 1973/74, with salary effective April
23, 1974 It was the feeling of the Human Relations Commission that
the Rev Miller has had extensive background in working with people
and their problems He holds an A B degree in English from Mount
Union College in Ohio, and another degree from Boston University
and has done additional work in sociology and social ethics They
felt he had excellent letters of reference and They hoped that the
City Council would approve his employment from April 23, 1974 to
June 30, 1974
Councilman Norris questioned the appointment of the Rev Orloff Miller
as Social Services Coordinator for the City as he felt he was unfit to
serve due to his public statements regarding the importance of formal
marriage contracts
R D Miller explained the position of Social Services Coordinator for
the City was a contract employee and not a full -time employee to the
CITY He also explained that the period would be To June 30, 1974, the
salary he would receive would be $600 per month Dlus reimbursed ex-
penses not to exceed $30 per month
Mrs Pat Barlow, Chairwoman of the Human Relations Commission, spoke
on behalf of the Human Relations Commission's recommendation to ap-
point Rev Miller as Social Services Coordinator for the month of May
and June, 1974 She then reviewed the activities that would be under-
taken by the Social Services Coordinator
On motion of Councilman Gurnee, seconded by Councilman Graham that the
City Council approve the appointment of Rev Orloff Muter as City
Social Services Coordinator for the period April 23, 1974 thru June 30,
1974 Motion carried on the following roll call vote
AYES Councilman Gurnee, Graham, Brown, and Mayor
Schwartz
NOES Councilman Norris
ABSENT None
* * * * * * f * * * X 3F jE f 3F
Councilman T Keith Gurnee brought to the Council's at-
tention the fact that in studying the placement of bike paths on
Los Osos Valley Road between Phase 18 II of Tract 467, Los Osos
Valley Road was being constructed 20 feet narrower through Tract
467 than anywhere else in the City, which he felt was in violation
of City standards and requirements as well as in violation of County
standards He continued that if the City allowed this violation to
continue it might cost the City great sums of money in the future to
acquire land and widen the street He concluded That in addition
there appears to be a conflict with the circulation plans of both the
City Council Minutes
April 22, 1974
Page 7
City and the County concerning the mayor connection of Los Osos
Valley Road from Highway 101 to South Higuera Street, which he
felt might in the future lead to a loss of gas tax revenue for the
City He therefore urged the Council to suspend all approvals for
' Tract 467, Phase II, until the Council has had a chance to consider
complete and thorough staff reports on these two problems
The City Council discussed the report of Councilman Gurnee and his re-
quest to hold up approval of the map of Tract 467, Phase II
On motion of Councilman Gurnee, seconded by Councilman Graham that
the City Planning Commission be asked to suspend approval and con-
sideration of the precise plan of Tract 467, Phase II until a complete
staff report has been submitted by the City staff at the May 6, 1974
Council meeting Motion carried, all ayes
3 Communication from Helmut Schleicher, regarding alleged vio-
lations To the grading ordinance by the developer of the property at
1645 Encino Court was continued to the City Council meeting of May 6,
1974 for staff report
4 City Council adjourned to Executive Session
5 On motion of Councilman Brown, seconded by Councilman Graham
the meeting adjourned to 12 10 P M Wednesday, May I, 1974 Motion
carried
APPROVED August 19, 1974
H PATRICK, CITY CLERK
Pledge
Roll Call
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 1, 1974 - 12 10 P.M
Conference Room, City Hall
Present John C Brown, Jesse Norris and Mayor Kenneth E
Schwartz
Absent Myron Graham, T Keith Gurnee
Present J H Fitzpatrick, City Clerk, R D Miller, Adminis-
trative Officer, D F Romero, City Engineer, Robert
Vosburgh, Senior Design Engineer
1 The City Council reviewed the 1973/74 Fiscal Year Street Priority
Report prepared by the City Engineer The projects were listed under three
categories
A Select System Streets
B Local Streets
C Chip Seal Coats
Category "A" was further divided into three areas
1 Widening
2 Reconstruction
3 Overlays (Blankets)
Councilman Graham arrived at the meeting at 12 30 P M
D F Romero , City Engineer, stated that all priorities were listed, taking
into accouht cost, condition of the street and the amount and type of vehicular
traffic, establishing an informal cost - benefit ratio
R D Miller, Administrative Officer, submitted a report of funds expected to
be available during the 1974/75 Fiscal Year for capital street purpose as
follows
Sales Tax Street Money $140,000 00
Gas Tax 110,000 00
Select Road Funds 175,000 00
Capital Outlay 100,000 00
TOTAL AVAILABLE $525,000 00
2 The City Council received a request from the Citizens' Advisory
Committee asking for a Joint meeting with the City Council to review the
C A C proposed ordinance on Conflict of Interest prepared by them at the
request of the City Council The Citizens' Advisory Committee hoped that
the City Council would meet at a noon meeting, so the proposed ordinance
could be presented at other than a Regular City Council Meeting
The City Council took the request under consideration
City Council Minutes
May 1, 1974
Page 2
3 The City Council then adjourned to a field trip to review the
Engineer's priority listing and to make changes if they so desired
4 The meeting adjourned after the field trip.
APPROVED July 1, 1974
P4TPATRICK, CITY CLERK
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, May 6, 1974 - 7 00 P M
Council Chambers, City Hall
Pledge
Roll Call
PRESENT John C Brown, Myron Graham,T Keith Gurnee,
Jesse Norris, Mayor Kenneth E Schwartz
ABSENT None
City Staff J
PRESENT J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, David Williamson, Assistant Admini-
strative Officer, Wialaam Flory, Director of
Park and Recreation, R A Paul, Water Depart-
ment Director, D F Romero, City Engineer,
Lee Schlobohm, Fire Chief, Robert Strong,
Director of Planning and Building
I Mayor Schwartz presented Frank Reed, Waste Water Plant
Operator, the William H Hatfield Award for outstanding performance
in Waste Water Plant Operation for Management and Advancement of
Knowledge in the field of Water Pollution Control from the Tri-
Counties Water Pollution Control Association
2 The City Council held a public hearing on the recom-
mendation of the Planning Commission to rezone 2211 Broad Street
from M, (Manufacturing District), to C -N -S, (Neighborhood Com-
mercial Combining District)
Robert Strong, Planning Director, presented the City Council the
basis for the recommendation of the Planning Commission in rezoning
the property from M to C -N -S He stated the subject property is
located at the intersection of South and Broad Streets at 2211
Broad and is currently zoned M The property is developed with an
abandoned service station The applicant requested rezoning of the
subject property from M to C -N uses The surrounding land uses in-
clude residential and office uses in the same block and residential,
commercial and church uses in contiguous blocks The applicant de-
sired to rezone the property in conformance with the General Plan
to allow the establishment of neighborhood commercial uses on the
subject property He concluded that it was the opinion of the
Commission that the requested rezoning would not adversely affect
the health, safety and welfare of persons living and working in the
vicinity provided that design control was exercised and the use would
be in conformance with the objectives of the General Plan Robert
Strong continued that the commission determined that the "S"
(design control) designation should be added due to possible traffic
problems on Broad and South Streets and because of the neighborhood
residential and church uses
Mayor Schwartz declared the public hearing open
rl
I I�
it
L
City Council Minures
May 6, 1974
Page 2
Jerry Holland, applicant, spoke in support of the rezoning applica-
tion stating that the existing service station building would be re-
modeled with modifications for conversion to a retail liquor store
Rev Robert Bowers, Minister of the Church of Christ, on South Street '
submitted a letter objecting to the rezoning stating that without the
"S" design"controh classification they would continue to be opposed
to the rezoning, but with the "S" designation of the Planning Commis-
sion they felt would allow for better planning at this particular
busy intersection Furrher, it would give tenants in the neighbor-
hood more option in what might be located across the street from their
new church building now under construction at 2201 Lawton Street
Mayor Schwartz declared the public hearing closed
The City Council and staff discussed the implication of adding the
"S" suffix to the requested rezoning
Councilman Gurnee stated he was in support of keeping the "S" desig-
nation of the rezoning for control purposes which would involve the
remodeling and modification of an abandoned service station building
Councilman Norris stated that he too was in support of the Planning
Commission's recommendation, and he would support the "S" designa-
tion
On motion of Councilman Gurnee, seconded by Councilman Norris, the
following ordinance was introduced ORDINANCE NO 615 (1974 Series),
an ordinance amending the official zone map of the City of San Luis .,
Obispo (to rezone 2211 Broad Street)
Passed to print on the following roll call vote
AYES Councilmen Gurnee, Norris, Brown, Graham, and
Mayor Schwartz
NOES None
ABSENT None
3 At this time the City Council considered the final passage
of ORDINANCE'NO 613 An ordinance of the City of San Luis Obispo
repealing certain obsolete and pre- empted sections of the Municipal
Code related to trespassing, vehicle parking on private property,
abandoned ice boxes, intoxication, drinking in public, and false re-
Dorts to Police Department
Mayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the final
passage of the ordinance
Mayor Schwartz declared the public hearing closed
On motion of Councilman Graham, seconded by Councilman Brown,
ORDINANCE NO 613 was introduced for final passage on the following
roll call vote
AYES Councilmen Grahm, Brown, Gurnee, Norris and
Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
May 6, 1974
Page 3
4 Councilman T Keith Gurnee brought to the Council's
attention that in approving the Final Mao of Tract 467, Los Verdes
Park Precise Plan, Phase II and also during the recent Council
' discussion concerning the establishment of bicycle lanes along
Los Osos Valley Road between Phase I and Phase II of Tract 467, it
was learned for the first time that Los Osos Valley Road was being
constructed approximately 20 feet narrower through the Garden Homes
development than anywhere else within the City, in violation of City
requirements and standards as well as in violation of County standards.
Councilman Gurnee continued that the Precise Plan for Phase II
sustained the violation for an additional section of Los Osos Valley
Road He informed the City Council that if they permitted structures
to be built within Phase II without correction of this violation, it
could be very expensive to the City to later condemn land to correct
this problem He also felt there appeared to be a conflict between
the circulation plans of the City and the County concerning the
mayor connection of Los Osos Road from Highway 101 to South Higuera
Street and then on out to the airport area He also felt that ap-
proval of Phase II without further consideration of the street widths
and the County plan could lead to a loss of gas tax revenue He,
therefore, urged the City Council to consider complete and thorough
staff reports on these problems
David Williamson, Assistant Administrative Officer, submitted a re-
David Williamson reviewed each action to date relative to this ex-
tension of Los Osos Valley Road through Tract 467 He concluded to
summary that a 64/84 foot section for Los Osos Valley Road had been
shown on the street and highway elements of the City's General Plan
adopted by the City and County since 1961 through this area Further,
the alighment finally constructed had been shown on Division of High-
way plans submitted for City review and approval since 1971 Further,
the City General Plan had shown the alignment finally constructed
since its adoption in 1973 All presentations, maps, construction
plans and agreements have reflected both the alignment and width
finally constructed Construction of the street section for Unit I
was substantially completed as of this date, and plans and maps for
Unit 2 were at a final stage for checking Further, the County staff
had agreed to the constructed alignment and would recommend a mod-
ification to the County Select System maps, thus, the City would be
able to expend Gas Tax Revenues on this project
David Williamson, Assistant Administrative Officer, recommended that
in his opinion the constructed street section through Los Verdes Park
followed long- standing City standards for a frontage road treatment,
and followed the City General Plan and highway,agrAment,�He further
believed the roadway section was comparable or better than the County
standard Inadequacies which might or might not become significant
in the distant future were brought about by the inclusion of bike
lanes on this roadway If traffic at some future time would require
the original full lane widths, which was not likely under the present
General Plan, several alternates would present themselves
A Bike lanes might be moved to the frontage roads,
B Curb, gutter and sidewalk could be moved back on
each side within the present right -of -way,
port in
chronological date order of the road
alignment and width
for Los
Osos Valley Road through Los Verdes
Park or Tract 467,
starting
with 1961 when the first City General
Plan was adopted and
showing
a road alignmenT connection Los Osos
Valley Road to Higuera
Street
by a route closely approximating that
finally constructed
in 1973
David Williamson reviewed each action to date relative to this ex-
tension of Los Osos Valley Road through Tract 467 He concluded to
summary that a 64/84 foot section for Los Osos Valley Road had been
shown on the street and highway elements of the City's General Plan
adopted by the City and County since 1961 through this area Further,
the alighment finally constructed had been shown on Division of High-
way plans submitted for City review and approval since 1971 Further,
the City General Plan had shown the alignment finally constructed
since its adoption in 1973 All presentations, maps, construction
plans and agreements have reflected both the alignment and width
finally constructed Construction of the street section for Unit I
was substantially completed as of this date, and plans and maps for
Unit 2 were at a final stage for checking Further, the County staff
had agreed to the constructed alignment and would recommend a mod-
ification to the County Select System maps, thus, the City would be
able to expend Gas Tax Revenues on this project
David Williamson, Assistant Administrative Officer, recommended that
in his opinion the constructed street section through Los Verdes Park
followed long- standing City standards for a frontage road treatment,
and followed the City General Plan and highway,agrAment,�He further
believed the roadway section was comparable or better than the County
standard Inadequacies which might or might not become significant
in the distant future were brought about by the inclusion of bike
lanes on this roadway If traffic at some future time would require
the original full lane widths, which was not likely under the present
General Plan, several alternates would present themselves
A Bike lanes might be moved to the frontage roads,
B Curb, gutter and sidewalk could be moved back on
each side within the present right -of -way,
City Council Minutes
May 6, 1974
Page 4
C The street could be widened on one side or both
sides, utilizing the five foot landing area behind
the curb on the frontage roads This, of course,
would require approval of the Home Owners Associa-
tion and acquisition of a road easement
Considering that Buckley Road east of Los Verdes Park was two lanes,
and that the adopted City General Plan indicated this road exten-
sion at the edge of the urban fence, it would appear unlikely that
significant traffic problems would occur on this portion of Los Osos
Valley Road due to inadequate lane widths within present life times
Therefore, it was his recommendation that no change in the width or
alignment of the already constructed portions in Tract 467 be made
D F Romero, City Engineer, submitted a letter from George C Protc-
papas, County Engineer, for the County of San Luis Obispo stating he
would recommend to the Board of Supervisors that select system item
no 305 be modified to reflect the alignment proposed by the City of
San Luis Obispo for Los Osos Valley Road through Tract 467 However,
he felt that it would be in the best interest of the County residents
residing in the vicinity of San Luis Obispo County Airport to extend
the easterly extension of Los Osos Road further easterly across South
Higuera Street and connect, via a curve, to Buckley Road If the
City of San Luis Obispo would consider purchasing the necessary rights -
of -way. he felt the County would consider constructing the necessary
road improvements He felt adequate right -of -way should be provided
to allow for the construction, when warranted, of a 12 foot left turning
lane, 4 -12 foot travel lanes and 2 -8 foot bike lanes wiThin the City and
eight foot bike lanes could also serve as emergency parking lanes
Although, he concluded that approval of the request to modify the
select system was not contingent upon the CiTy providing adequate
rights -of -way for left turning traffic, bike lanes, or connections
to Buckley Road
Warren Dolezal, stated, as the developer of the Tract, he agreed wiTh
the staff's recommendation as presented by the Assistant Administra-
tive Officer
Councilman Gurnee, stated he felt that the City Council should
require compliance by the developer with the County section with
an eight foot bike lane width
Councilman Norris felt the Council should follow the prior action
of the Planning Commission, the City Council, City Engineer and
County Engineer and should not change dimensions now, and he would
support the recommended staff decision
Councilman Brown, stated he felt that the existing approved road
section appeared adequate and felt that it would handle proposed
traffic for many years to come
Councilman Graham stated he would rather see eight foot bike lanes,
but as the improvements were in, he felt he could live with it
and also the City residents could live with it for many years to
come
Mayor Schwartz discussed with the City Engineer the adopted street
widths of the City General Plan and County General Plan in this
area He felt the General Plan street width should be more clearly
defined, and he would accept the recommendation, although, he felt
uncomfortable with five foot bike lanes
City Council MinuTes
May 6, 1974
Page 5
7A D F Romero, City Engineer, submitted for the City Council's
consideration amendments to the 1973/74 Annual Transportation Claim
in the amount of $150,105 10 After discussion with the City Engineer
of the rearranged priorities of the 73/74 claim, it was moved by
Councilman Gurnee, seconded by Councilman Brown the following resolu-
tion was introduced RESOLUTION NO 2600 (1974 Series), a resolution
of the Council of the City of San Luis Obispo revising the City's
1973/74 annual transportation claim against the local transportation
fund of the County of San Luis Obispo to reflect final project status
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, and Mayor
Schwartz
NOES None
' ABSENT Councilman Norris
7B D F Romero, City Engineer, then presented for the City
Council's consideration the 1974/75 Annual Transportation Claim
in the amount of $189,710 25 against the local transportation fund
of the County of San Luis Obispo And that $51,147 81 in the Claim
was determined to be that portion of Transportation Claim to be
On motion of Councilman Norris, seconded by Councilman Brown
that the City Council lift the temporary prohibition on con-
struction of Phase II, Tract 467 Motion carried All ayes,
Councilman Gurnee voting no
'
5 D F Romero, City Engineer, submitted a report on the
cost of improving the shoulder on the west side of Higuera Street
between Creekside and Garden Homes Development The anticipated
repair of the shoulder at a minimum, consisting of paving five
feet of width could be accomplished by the City for a cost of ap-
proximately $700 A more permanent repair, similar to that being
conducted by the County on South Higuera Street beyond the City
limits, would call for reconstruction of the shoulder with base
and paving approximately eight feet wide, which he felt would cost
approximately $2,000 In either event, he felt that the improvement
would be lost when the adjacent property was developed and the
street was widened On this basis, he recommended to the City
Council that they adopt a minimum improvement to be made for the
$700 total cost
On motion of Councilman Brown, seconded by Councilman Graham
that the City Council accept the recommendation of the City Engineer
for minimal repair of the shoulder for a bicycle path with cost
not to exceed $700 Motion carried, all ayes
6 D F Romero, City Engineer, then presented for the Council's
consideration the street priority list for 1974/75 fiscal year as
reviewed by the City Council and updated as of May 2, 1974 D F
Romero briefly reviewed the street priority construction priority
for select system streets, reconstruction, over -lays, etc
'
On motion of Councilman Gurnee, seconded by Councilman Norris that
the City Council adopt the street priority list for 1974/75 as
amended by the City Council Motion carried, all ayes, no noes
8 05 P M , Councilman Norris left the meeting
7A D F Romero, City Engineer, submitted for the City Council's
consideration amendments to the 1973/74 Annual Transportation Claim
in the amount of $150,105 10 After discussion with the City Engineer
of the rearranged priorities of the 73/74 claim, it was moved by
Councilman Gurnee, seconded by Councilman Brown the following resolu-
tion was introduced RESOLUTION NO 2600 (1974 Series), a resolution
of the Council of the City of San Luis Obispo revising the City's
1973/74 annual transportation claim against the local transportation
fund of the County of San Luis Obispo to reflect final project status
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, and Mayor
Schwartz
NOES None
' ABSENT Councilman Norris
7B D F Romero, City Engineer, then presented for the City
Council's consideration the 1974/75 Annual Transportation Claim
in the amount of $189,710 25 against the local transportation fund
of the County of San Luis Obispo And that $51,147 81 in the Claim
was determined to be that portion of Transportation Claim to be
City Council Minutes
May 6, 1974
Page 6
used as The City's share of a Transportation Planning Project,
and the County of San Luis Obispo was hereby authorized and re-
quested To designate said sum to the area Council for the pre-
paration of the comprehensive regional transportation plan
On motion of Councilman Gurnee, seconded by Councilman Graham,
the following resolution was introduced RESOLUTION NO 2601
(1974 Series), a resolution or the Council of the City of San
Luis Obispo approving the City's 1974/75 annual transportation
claim against the local transportation fund of the County of
San Luis Obispo, and designating a portion thereof for planning
purposes
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Graham, Brown, and Mayor
Schwartz
NOES None
ABSENT Councilman Norris
8 10 P M Councilman Norris took his place at the Council table
8 D F Romero, City Engineer, submitted a report to the
City Council on his department's contact with residents on Meinecke
Street to see if the property owners were willing to pay The cost
of modification of the driveways to conform To a City proposed
and financed curb, gutter and sidewalk project, if the City of-
fered three -year financing at 3% interest He continued the resi-
dents were also asked their views regarding a municipal improvement
on the north side only with the City paying all costs He then
submitted a summary of the interviews as accomplished by his de-
partment
It was the consensus of the interviews of the property owners
on Meinecke Street that they did not wish sidewalks on both sides,
nor did they wish to pay for modifying their driveways with a three -
year 3% payment plan The Majority of the property owners wished
the sidewalk on the north side of Meinecke Street only, with the
City paying all costs and no cost by the property owners
D F Romero continued that the summary of the interviews showed
that the City Mould be unable to obtain unanimity among property
owners, but that the overwhelming majority were not willing to make
any financial contribution toward the project
He then concluded that it was his opinion that there were other pro -
jects within the community of higher priority than this sidewalk
improvement However, he stated if the Council wished to proceed,
he would recommend that the alternate which would provide a six foot
sidewalk on the north side of Meinecke Street only be followed
This alternate would imply that the City would bear the cost of
modification of the private driveways as it did on Chorro Street
Councilman Graham stated he was in support of the City putting
in the sidewalk on one side at the City's expense, and he would
go along with the property owners, placing it on the north side
r
City Council Minutes
May 6, 1974
Page 7
Councilman Gurnee also agreed with Councilman Graham's comments
stating he felt the City had a moral obligation to put in side-
walks after the ones placed by the property owners were removed
by the City He too agreed with the sidewalk on the north side
of Meinecke only
Councilman Norris felt the City should move on to other items
of much more importance to the City as it was his feeling the
property owners on Meinecke Street did not wish to cooperate
on installing any of the improvements on the property
Councilman Graham stated he did not object to receiving and
filing the problem, but felt that the City Council should commit
themselves, put in the sidewalk where needed and at public ex-
pense
Mayor Schwartz also felt the City had some obligation to install
sidewalk on one side of the street at public expense, as it was
his information that the City had removed the sidewalk placed by
the property owners, and he did not feel that they should be
required to place another sidewalk after having one removed by
the City
On motion of Councilman Graham, seconded by Councilman Gurnee
that the City authorize the preparation of plans and specifications
for installation of sidewalk on the north side of Meinecke Street
at total City expense Motion carried on the following vote
' AYES Councilmen Graham, Gurnee and Mayor Schwartz
NOES Councilmen Brown and Norris
ABSENT None
9 Communication from Wilsey 8 Ham, Planning Consultants
for the Sinsheimer Recreation Complex, submitted a request to the
City Council for an increase in their planning program due to
increase in cost of preparation of the construction documents
for the restrooms, consession and press box building for Sinsheimer
Park Wilsey 8 Ham stated that they would incur a substantial
increase in their cost for the preparation of these documents
and they felt the reason for the increase was due primarily to
requirements to process the plans through the State Office of
Architecture and Construction and secondarily to the enlargement
of the building itself
They then briefly reviewed the type of building to be constructed,
the sizes and the equipment wiThin the building They concluded
that with the requirement thaT the State Office of Architecture
and Construction approve any plans for buildings being built on
public property or school property that the criteria for submittal
increased the required number of drawings, changed the format
of the plans and specifications and would add tremendously to
the cost of preparations Further, in order to meet the require-
ments of Title 21 of the California Administrative Code, the build-
ings must be engineered and follow very stringent requirements
Therefore, they requested $5,000 in additional consulting fees for
this one portion of the contract alone
David Williamson, Assistant Administrative Officer, submitted a
report analyzing the request of Wilsey 8 Ham for additional funds
City Council Minutes - - -- - ��
May 6, 1974 — - -- - a
Page 8
to complete the Sinsheimer Park Master Plan
David Williamson stated that the letter agreement between the
consultant c;d the City, itemized design and planning services
totaling $40,000 Included in the contract amounrs were planning I
services and architectural plans and details for restrooms,
press box and concessions
He stated that the main reason for requesting a fee increase on
behalf of Wilsey 8 Ham was the result of costs incurred because
of time delays in processing plans through the State Office of
Arcgutectyre abd Construction, and secondly that the building
itself had been increased in size It was the staff's belief
that the consultant had been aware from the beginning that Sin -
sheimer Park was school district property, thus, the State Office
of Architecture and Construction approval was necessary, and
as noted, the consultant was of the opinion on April 15 that the
increased size of the building would not add substantially to
the cost of design and plans, and could be absorbed in the existing
budget It is also the opinion of the staff that the $40,000
contract to master plan a park of this size was ample rather than
conservative and included allowances for unforeseen expenses
The contract letter, March 27, 1973, had been mutually agreed
upon by both parties and after considering the fairness and equity
of the existing contract and this request, it was the staff's
recommendation to the City Council that the consultant's request
be rejected, and that in the alternative the balance of the con-
tract be renegotiated Finally, it was the staff's undersranding
That the City had made progress payments approximating $24,000 or '
sixty percent of the total contract amount, however, the City
had not yet received completed work equaling the same percentage
Therefore, he suggested that completed work items be provided be-
fore any further payments were advanced reserving twenty percent
until project completion to assure that all items would be per-
formed pursuant to the original agreement
On motion of Councilman Gurnee, seconded by Councilman Brown
that the City Council deny the request of Wilsey 8 Ham for an in-
crease of $5,000 in their master plan budget for Sinsheimer Park
program, and that the City Clerk be instructed to notify Wilsey 8
Ham of the City Council's decision Motion carried, all Ayes
10 At this time the City Council considered the final ac-
ceptance of the off -site improvements in Tract d60, A Volny,
Developer
D F Romero, City Engineer, stated that all improvements were in
the tract, The subdivision was completed and that all the sub-
division requirements had been met Further, the as -built plans
had been received, had been checked, and he recommended to the
City Council that the public improvements of Tract 460 be accepted
by the City
On motion of Councilman Brown, seconded by Councilman Norris ,
the following resolution was introduced RESOLUTION NO 2602
(1974 Series), a resolution of The Council of the City of San
Luis Obispo accepting the off -site improvements in Tract 460
�Volny, developer)
City Council Minutes
May 6, 1974
Page 9
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Norris, Graham and Mayor
Schwartz
NOES Councilman Gurnee
ABSENT None
II D F Romero, City Engineer, submitted a report to the
City Council regarding the possibility of formation of an under-
ground utility district in conjunction with the Broad Street
widening, Highway 227, being proposed for construction in the
74/75 year by the State Department of Transportation
0 F Romero reveiwed the time involved in formation of the
district, the necessary public hearings, and the passage of var-
ious ordinances, which he felt would take about three months for
technical processing of the district Further, he reported he
had discussed this matter with each of the utility companies
involved the cost of the project and the problems related in the
formation of this district The utility companies informed him
that they would take up to 9 to 12 months to engineer the district
and that construction time would involve 18 to 24 months addi-
tional Therefore, the Council was now taking of 30 months
at the soonest and 39 months at the longest for completion of
the work Normally, the City Council had allowed the utility
companies a period of 6 months from the time the underground
work was complete, prior to the final removal of all overhead
facilities, in order to allow property owners time to conduct
necessary electrical modifications Therefore, if the City
Council were to form an underground utility district in con-
junction with the Broad Street widening, the project would take
from a minimum of 36 months to a maximum of 45 months The City
Engineer continued that the State of California had informed
him that they must be under contract by June 30, 1975, or risk
the loss of funds which were made available by the cancellation
of another highway project
He continued that the State estimated construction time would
require approximately 24 months, with utility work having to
commence about six months into the contract, or approximately
20 months from today's date The state did not feel that it
could delay the contract or work around an underground contract
which might not be completed for 45 months from this date
The City Engineer concluded that on this basis, it would appear
that the time schedule already committed on this project would
simply not permit undergrounding of utilities
Finally, the utility companies had given the City a rough esti-
mate of the cost of undergrounding from Capitolio Way to High
Street on Broad Street to be approximately $500,000 If this
amount of money were not available to the utility companies as
part of the P U C regulation, the money would have to be ad-
vanced by the City, thereby placing a serious restriction on
other City projects proposed in the next several years
The City Council continued further discussion of this under-
ground utility district for further investigation by the Coun-
cil subcommittee
Cary Council Minutes
May 6, 1974
Page 10
IIA The City Council considered a communication from John
Williams regarding bike lanes in conjunction with the Broad
Street widening and submitted several recommendations for their
consideration
IIB John Williams submitted several alternates for con-
'
sideraTion of bike lanes on Broad Street, and reviewed the pos-
sibility of a parking prohibition and striping lanes adjacent
to the curbs, adjacent to a parking lane, which would be a five
foot strip eight feet out from the curb line This would exist
on the east side of Broad Street and a normal five foot bike
lane adjacent to the curb on the west side of Broad Street He
felt this would be a good solution To reduce conflict between
motorists and cyclists, and would allow for smooth regulated
flow of traffic for both bikes and automobiles He also felt
the solution required no extra funds, no redesign of right -of-
way or further acquisition, and would serve the cyclists' needs
much more than sidewalks or more elaborate solutions He therefore
recommended that the City Council adopt the proposal as a recom =,
mendation to the State DepartmenT of Transportation
Councilman Gurnee stated that he liked the presentation of John
Williams, and he would agree with the proposal for Broad Street
Councilman Brown also stated thaT he approved with the recommen-
dation of John Williams
On motion of Councilman Brown, seconded by Councilman Graham
that the City Council accept The recommendation of John Williams I
for bike lanes on Broad Street for staff guidance in negotiations
with the State for improvements of Broad Street Motion carried,
all ayes
12 A Communication from the Human Relations Commission
submitting a report on their examination of the proposal for Mid -
dlehouse for a one -time capital funding from the City's Revenue
Sharing funds in the amount of $12,690
Mrs Pat Barlow, Chairwoman, and other members of the Human Re-
lations Commissions visited the existing Middlehouse facility,
talked with the directors and the founder regarding their program
for alcoholic rehabilitation It was the feeling of the Human
Relations' investigating team That there was a definite need
for additional space to accommodate female alcoholics at the Mid -
dlehouse establishment Mrs Barlow stated that the funds requested
represented the City's share 27% of the total construction cost
of $47,000 which included previous construction indebtedness
spread over the county on a per capita basis It was the recom-
mendation of the Human Relations Commission that this request
was justified, and recommended to the City Council its approval
for funding The Human Relations Commission then submitted a
narrative report on the Middlehouse operation and its service to
the community The $12,690 requested by Middlehouse through the
Human Relations Commission was based on the County -wide popula-
tion of 1970 with the other cities and the county contributing
their share
Peter Andre, Attorney, appeared before the City Council on behalf
of Middlehouse's request for City funds and to pay off a porTion
of the construction of an addition to the facility for female al-
coholics Mr Andre continued that this was an unknown area to
City Council Minutes
May 6, 1974
Page II
many people, but that the problem of alcoholism affected many
women and they needed a half -way house to get back into the main
stream of life Further, he felt that a $12,690 investment in
saving some people was very little the City could do on behalf
' of this project He hoped that the City Council would come
forth with the funds as recommended by the Human Relations Com-
mission
Councilman Gurnee - stated that he was in support of the request,
he felt it was a worthy program, but that he wished the matter
of funds to be continued to the budget study for inclusion in
the budget
Councilman Norris stated that it was a good program, helped many
people, and he would support the request for funds
Councilman Brown also stated he felt that the City should support
the request of Middlehouse, it was a good program and he would
support its operation
Councilman Graham stated while he thought it was a good program,
he wondered if the committee felt that the requested funds could
be given to Middlehouse over a period of three years instead of in
a lump sum In this way, additional funds could be developed for
other social services and still take care of Middlehouse over a
number of years
Mayor Schwartz also felt that this was a good program, it was a
benefit to the citizens and to the community, but wondered if it
' would be better for the Council to consider it in the 1974/75
budget request from the Human Relations Commission
After discussion by the City Council, the matter was continued
to the budget session at which time the Human Relations Commission
budget would be discussed
13 A memorandum from David Williamson, Assistant Administra-
tive Officer, regarding the complaints of Helmut Schleicher re-
garding the retaining wall and grading done by the owners at
1645 Encino Court
David Williamson reviewed the background of the problems in Tracts
290 and 305 which were approved in 1960, and in which the resi-
dents at 1645 Encino Court exists He also submitted a report
prepared by Central Coast Laboratories on compaction tests and a
report by Fred H Schott and Associates, Civil 8 Structural En-
gineers hired by the City on April 17, 1974 to study the retaining
wall at 1645 Encino Court The report stated that there was no
evidence of failure in the wall and that apparently everything
was done according to the code The development of the property
complied with the City's codes and ordinances and accepted engineer-
ing standards
Or Helmut Schleicher, 2640 El Cerrito Court, stated that he did
not agree with the reports of the engineer, Mr Robert Welliams;
and he had not had an opportunity to study the documents as pre-
pared by Fred Schott and asked that the City Council continue dis-
cussion on this matter until he had an opportunity to study the
problem
City Council Minutes
May 6, 1974
Page 12
Councilman Norris stated that he had looked into this matter to
the best of his ability and he would be willing, at this time,
to receive and file the matter and move on to something more
important
Councilman Brown agreed stating that he felt the City Council
had been more than cooperative in listening to Dr Schleicher's
complaints, but that he felt the work now that three engineers
had certified the work as being done according to code and or-
dinance, he would be willing to receive and file the matter
The majority of the council felt the matter could be continued
to May 20, 1974 for final presentation by Or Schleicher
9 35 P M Mayor Schwartz declared a recess
9 50 P M The City Council reconvened, all Councilmen present
14 Stan Bower, 2704 Loomis, Cuesta Park Animal Hospital,
appeared before the City Council requesting an adjustment in
his water bill, which was extremely high due to a break in the
line over which he had no control He explained the conditions
of the water bill received by him and his attempts to try to find
the leaks, if any He stated he had always attempted to keep his
property and his water lines in proper order, but unless it was
brought to his attention there would be no way in which he would
know there was a broken water line He asked the City Council
to give same consideration to reducing his water bill at it was
quite expensive
R A Paul, Water Department Director, presented the City's side
of the problem stating that it was true there was an extremely
high water bill on the Bower property but that the water was de'' -w
livered through the meter and that the leaks occur,ed between the
meter and Dr Bowers' property He stated the fact that the lines
apparently had worn out through electrolysis might be beyond
the conTrol of the property owner, but he would recommend that
there was no basis for adjustment in accordance with the ordin-
ances on the books at this time
On motion of Councilman Graham, seconded by Councilman Brown
that the City Council relieve the property owner by a one -third
reduction in the water bill with payment of the balance be
made over a six -month period The basis for this reducTion
was that the line was damaged by electrolysis, which was beyond
the control of the property owner and that this was disasrer relief
by the City Council Motion carried, Councilman Gurnee voting no
15 The Waterways Planninq Board minutes of their meetings
of April 5 and 19, 1974 were ordered received and filed, with
action duly noted of the Waterways Planning Board
16 Memorandum from Councilman T Keith Gurnee regarding
interim changes to the subdivision and grading policy
Councilman Gurnee stated that the Council must remember that in
considering_ttie approval of the Roger Brown, Sherwood Terrane
Tract 471, thaT a number of inadequacies within the City's sub-
division and grading ordinance and their administration and en-
forcement by the City staff were brought to light Too often
_J
City Council Minutes
May 6, 1974
Page 13
the ordinances of the City and their application had been cri-
ticized and their shortcomings exposed, and no corrective action
was initiated
' While the City Council had committed itself to a comprehensive
revision of the City zoning, subdivision, and grading ordinances,
by outside consultants, he felt that the Council should take
some interim action to amend its policies and standards until a
complete overhaul of these standards could be made He, there-
fore, recommended that the City Council adopt the following interim
policies and standard revisions in anticipation of a new ordinance
I Require that the characteristic terrain within each proposed
individual lot dictate the size of that lot or, require that the
City's cross - slopes standards be applied to each individual lot
�athery than to the subdivision as a whole
2 Shift the enforcement of the subdivision and grading or-
dinances from the Engineering Department to the Planning Depart-
ment, or effectively implement the interdepartmental team ap-
proach to land development as approved by the City Council some
time ago
3 Require that lot area and design standards be strictly en-
forced in hillside or sloping areas and that variances or ex-
emptions to lot dimension standards not be granted in these areas
4 Require that keen scrutiny be devoted by the Planning Depart-
, ment, the Engineering Department, and the Planning Commission to
possible on -site and off -site cummulative environmental impacts
of each proposed subdivision and each mayor grading operation
proposed by land developments-
5 Require that all tentative and final tract maps submit grading
plans accurately depicting existing and proposed grades, maximum
and average cut and fill depths, areas subjected land grading and
disturbances, and cross - section profiles of maximum and normal
characteristic cuts and fills relative to human sca,le and the
scale of the proposed structures
In addition to the interim amendments to policies and City ordinance
he felt the City Council should direct their consultants or staff
to evaluate and recommend amendments to the subdivision and grading
ordinances of the City in evolving special standards to hillside
developments
A Re- evaluate lot size-cross-slope requirements for sloping areas
to restrict development to large lot sizes or to density transfer
areas involving a minimal disturbance of land
B Develop criteria for determining environmental impact of hill-
side development
C Relax City street and sidewalk right -of -way requirements in
areas of steep grade
D Require architectural and site controls for all construction
on lands over ten percent grade
City Council Minutes
May 6, 1974
Page 14
E Regulate winter or rainy season grading operations or re-
strict grading in hillside areas to the non - winter months to
minimize erosion and waterway siltation caused by rains and
the scarification of land '
F Require as a condition of development the sustained planting
of cut, fill and other erosion sensitive areas with erosion -
preventative vegetative materials
Therefore he requested that the City Council endorse the recom-
mended interim amendments, direct the administrative staff to
design for and accommodate the necessary administrative adjustments
and direct staff to prepare pertinent amendments to the City's
subdivision and grading ordinances And further, that the pro-
posed re- evaluation and establishment of hillside development
standards should be taken into consideration by the City staff
and consultants
Robert Strono, Planning Director, stated that the Engineering
and Planning 8 Building Departments were rewriting the grading
ordinance and also were preparing interim changed to the sub-
division ordinance to be in operation until the new consultants
had submitted new ordinances for the Council's consideration
which would be here in six months to a year In the mean time,
he suggested that the City require an E I R on all areas of
sensitive nature which would bring the points to the Council's
attention and Planning Commission as suggested by Councilman
Gurnee
Councilman Norris stated that he was opposed to the acceptance
'
of the recommendations of Councilman Gurnee as he felt that all
these recommendations would do was add cost to the development of
lots within the City and that with the shortage of lots avail-
able for development it was dust adding cost to the citizens
who were trying to buy a house to live in
D F Romero, City Engineer, suggested to the City Council that
Councilman Gurnee's recommendations should not be adopted to-
night without a complete discussion of the implication of each
recommendation He felt that the recommendations of Councilman
Gurnee should be referred to the City staff for study and recom-
mendation to the City Council and Planning Commission
Councilman Brown agreed that the recommendations presented by
Councilman Gurnee should first be referred to the staff for com-
ment and clarification before the City Council took any action
Councilman Graham also felt that the City staff should first re-
view Councilman Gurnee's recommendation and submit reports to the
City Council on action to be taken on each iTem and further, the
implication and cost factor that might be involved in their adop-
tion by the City Council
Mayor Schwartz stated that he did not feel that the City Council
should adopt interim policies until the staff at least had made
a recommendation and study of the interim proposals He felt
strongly on a cooperative approach to development with staff
working together, not in opposition, which would be bad for the
public He agreed that the staff should take direction from
item 5 of Councilman Gurnee's interim policies which would
City Council Minutes
May 6, 1974
Page 15
The recommendation for interim changes was referred to staff for
study -and answer to the City Council
17 Memorandum from Councilman T Keith Gurnee urging the
adoption of amendment to the zoning ordinance prohibiting certain
residential development in excess of the densities shown on the
General Plan pending completion of the new zoning ordinance
Councilman Gurnee stated that the City had recently committed
itself to a definitive planning program by placing sorely needed
planning studies in a high orio n ty on the City's Capital Improve-
ment Program and by retaining highly qualified staff and consultant
teams He felt one aspect of this planning program was a comprehen-
sive revision of the City's zoning and subdivision ordinances,
the completion of which would not be received by the City before
the end of the year
He continued that while the Council should expect much of these
new ordinance revisions in guiding the orderly future growth of
the Community, the prospect of the comprehensive revamping should
not deter the Council from enacting measures to treat acute problems
that occurred in our existing ordinances in the interim period
He felt that one of these parTicularly blatant problems was the
simple inconsistency of the density allowances of the current
¢oning,ordinance with the density prescriptions put forth in the
adopted General Plan
He then submitted for the Council's consideration a table showing
both the theoretical and typical residential density allowances
which were grossly out of line with the dwelling unit density
prescriptions of the General Plan, particularly in the case of
multiple dwellings
He felt the inconsistencies were self - evident, yet development
proposals continue to be processed according to the outmoded
densities of the zoning ordinance He felt the problem was of
sufficient urgency That it represented a continuing violation
of State statutes to have zoning ordinances inconsistent with the
General Plans, and he felt it merited immediate and decisive
Council action
He felt that as the progress and realization of an amendment
to make the maximum allowable densities of our zoning ordinance
consistent with the density prescriptions of the General Plan
would take nearly three months, and he felt the City Council
could not tolerate the continued approval of developments that
' were inconsistent with the General Plan He therefore submitted
for the Council's consideration a proposed ordinance as an urgency
measure and requested its consideration by the City Council
He then presented an urgency ordinance of the City of San Luis
Obispo prohibiting certain residential development in excess of
the densities shown on the General Plan pending completion of the
new zoning ordinance
require that all tentative and final
tract maps
subm)T grading
plans accurately depicting existing
and proposed
grades, maximum
and average cut and fill depths, areas
subjected
land grading
and disturbances, and cross - section
profiles of
maximum and
norman characteristic cuts and fills
relative to
human scale
'
and the scale of proposed structure
The recommendation for interim changes was referred to staff for
study -and answer to the City Council
17 Memorandum from Councilman T Keith Gurnee urging the
adoption of amendment to the zoning ordinance prohibiting certain
residential development in excess of the densities shown on the
General Plan pending completion of the new zoning ordinance
Councilman Gurnee stated that the City had recently committed
itself to a definitive planning program by placing sorely needed
planning studies in a high orio n ty on the City's Capital Improve-
ment Program and by retaining highly qualified staff and consultant
teams He felt one aspect of this planning program was a comprehen-
sive revision of the City's zoning and subdivision ordinances,
the completion of which would not be received by the City before
the end of the year
He continued that while the Council should expect much of these
new ordinance revisions in guiding the orderly future growth of
the Community, the prospect of the comprehensive revamping should
not deter the Council from enacting measures to treat acute problems
that occurred in our existing ordinances in the interim period
He felt that one of these parTicularly blatant problems was the
simple inconsistency of the density allowances of the current
¢oning,ordinance with the density prescriptions put forth in the
adopted General Plan
He then submitted for the Council's consideration a table showing
both the theoretical and typical residential density allowances
which were grossly out of line with the dwelling unit density
prescriptions of the General Plan, particularly in the case of
multiple dwellings
He felt the inconsistencies were self - evident, yet development
proposals continue to be processed according to the outmoded
densities of the zoning ordinance He felt the problem was of
sufficient urgency That it represented a continuing violation
of State statutes to have zoning ordinances inconsistent with the
General Plans, and he felt it merited immediate and decisive
Council action
He felt that as the progress and realization of an amendment
to make the maximum allowable densities of our zoning ordinance
consistent with the density prescriptions of the General Plan
would take nearly three months, and he felt the City Council
could not tolerate the continued approval of developments that
' were inconsistent with the General Plan He therefore submitted
for the Council's consideration a proposed ordinance as an urgency
measure and requested its consideration by the City Council
He then presented an urgency ordinance of the City of San Luis
Obispo prohibiting certain residential development in excess of
the densities shown on the General Plan pending completion of the
new zoning ordinance
City Council Minutes
May 6, 1974
Page 16
Councilman Norris stated that he did not see this matter as an
urgency matter, and felt the City was moving ahead with review-
ing and adopting of new zoning ordinances, not alone without a
new General Plan He also felt that everyone felt that the 1973
General Plan was no good ano a new one was being prepared and he
did not see why the City Council should adopt an urgency ordinance
which was in conflict with a plan that nobody respected
The City Attorney, A J Shaw explained the provisions of para-
graph four of the urgency ordinance, which was done in confor-
mance with California Government Code Section 65850 which would
require a four - fifths vote of the City Council in order to enact
said ordinance
Councilman Norris continued that he felt this matter should
go to the Planning Commission for formal hearing without the City
Council changing land uses without hearings
Councilman Brown also stated he failed to see the urgency of this
matter He felt it first should go to the Planning Commission
for public hearings on the proposed changes for public consider-
ation
Councilman Granam agreed with Councilman Brown's comments as he
felt that there was a lack of urgency and he felt that the
Planning Commission should get public input before adopting such
an ordinance
Mayor Schwartz also stated that he did not feel there was an
urgency in this matter He felt that with the City proposing
new ordinances and General Plan with new consultants, that it
should be prepared by consultation with each other He felt
that Councilman Gurnee's memo should be sent to the Planning
Commission for their information
Councilman Gurnee spoke in support of his urgency ordinance,
which he felt would put this City in general compliance wiTh
State Law
On motion of Councilman Norris, seconded by Mayor Schwartz
that the memorandum be referred To the Planning Commission
for their information Motion carried on the following roll
call vote
AYES Councilman Norris, Mayor Schwartz, Council-
men Brown and Graham
NOES Councilman Gurnee
ABSENT None
18 A J Shaw, City Attorney, submitted to the City Coun-
cil a lengthy opinion by the California Appellate Court, which
held that LAFCO must prepare an E I R in connecTion with pro-
posed annexations of territory to a City Such an E I R ap-
peared to be in addition to any E I R which may be prepared
by a City for a proposed annexation
The City Attorneyfelt that this was a matter for urgent con-
City Council Minutes
May 6, 1974
Page 17
sideration and coordination by the City and LAFCO so that un-
necessary duplication may be avoided He felt that this prob-
lem should be resolved before the City accepted any more ap-
plications for annexation
The City Council discussed with the City Attorney the impli-
cation of the Appellate Court's decision in this matter
The City Council decided to take no action, but asked Council-
man Brown, the City's representative on LAFCO, to take this
matter up with them for information and action and to bring
back any recommendation that the City Council feels was ap-
propriate
ISA Memorandum from David Willmamson, Assistant Admini-
strative Officer, David Williamson stated that he was asked for
a status report on the adoption of procedures and policies by
the Architectural Review Commission He continued that City
Ordinance No 600 provided for the establishment of an Archi-
tectural Review Commission effective May I, 1974 and for City
Council approval of bylaws, procedures and policies to be used
by the Commission
He stated that bylaws and procedures had been adopted by the
Architectural Review Commission, however there had been some
question concerning the applicability of these procedures and
their effect on the operational aspects of several City depart-
ments These matters were now in process of being cleared up
' and a full report will be presented to the City Council at their
May 20, 1974 meeting
David Williamson stated that he had advised the Community De-
velopment Departments and the staff assigned to the Architec-
tural Review commission that business should be conducted as
usual by the A R C until the Council had adopted A R C bylaws,
procedures and guidelines The Architectural Review Commission
would be meeting on May 13, 1974 which was prior to the next
City Council meeting In order not to unduly delay projects
in progress, he had advised staff members serving the A R C to
use the preliminary bylaws and procedures until these procedures
were formally adopted by the City Council
The City Council stated that this was a proper decision and that
they were looking forward to discussing the A R C procedures at
their next meeting on May 20
19 The City Council received a lengthy report from the
Mission Plaza Development Committee on the next phase of im-
provement for the Mission Plaza area The Committee stated
that since November, 1973 when the Committee was established,
consisting of representatives of the Park d Recreation Commis-
sion, Design Review Board, the Downtown Association, the Water-
' ways Planning Board and staff members from the Engineering, Park
8 Recreation and Planning Departments, who had prepared a report
for the next phase of development of the Mission Plaza project
l ,for the Council's consideration The initial step by the Com-
mittee had been the adoption of a statement of what the Mission
Plaza Project represented
City Council Minutes
May 6, 1974
Page 18
The purpose of the Mission Plaza Project was to
provide a place to present the City's heritage,
history, culture and way of life in an interesting
and educational manner which would serve and please
the City's citizens and its visitors
The objective was to make Mission Plaza a place That
in itself would speak of the life and people of San
Luis Obispo
The Mission Plaza Development Committee then submitted a re-
port to be the basis of a preparation for a Master Plan for the
Mission Plaza, which would include such elements as a circu-
lation element, a creek element, museum expansion element,
aril center enlargement, information center and chamber of Com-
merce offices, community center, play areas, etc
The committee also submitted a letter from the Design Review
Board and agreeing with the concepts of the report presented
by the Committee feeling that the report contained many good
ideas and represented a point from which master planning of the
proposed area could begin, and offering their continued sup-
port to the Mission Plaza Development Committee through repre-
sentation of Members of the Design Review Board
After discussion with representatives, various staff members
representative of the Mission Plaza Development Committee, they
requested Council approval to solicit proposals from Architects
to design the next phase of the Mission Plaza area on the basis
outlined in their report presented this evening
On motion or Councilman Gurnee, seconded by Councilman Graham that
the City Council adopt the proposal as Council guidelines for the
Mission Plaza development Committee, and that the staff be author-
ized to solicit proposals from Architects for development of the
Master Plan
* * * x * * x s x * * *
CONSENT ITEMS
C -I Payment was authorized for claims against the City of
San Luis Obispo subject To approval by The Administrative Officer
C -2 Consideration of the City Council minutes of January 16,
February II and 26, March 1,6 and 11, and April 8 and 10, 1974
was continued to the next meeting
C -3 On motion of Councilman Norris, seconded by Councilman
Brown the following contract payments were approved
Karleskint -Crum, Inc Est N3 $3,725 46
MEADOW PARK, PHASE III 1
City Plan No 4 -74
Ted Watkins Construction Est #2 X13;561.20
CREEK BANK REPAIRS
City Plan No 23 -74
R Burke Corp
STREET RESURFACING PROJECT
City Plan No 35 -74
Mid -State Const Co
SENIOR CITIZENS CENTER
ADDITION
Dennis Landscape
Street Tree Planting
Foothill 8 Santa Rosa
City Council Minutes
May 6, 1974
Page 19
Est #1 24,153 88
Est #7
C 0 N2
C C 0 NI
9,303 40
250 00
546 00
C -4 The request from Associated California Employees Local
Coordinating Council requesting City Council support of the de-
velopment of a Health Maintenance Organization (HO) in the
County of San Luis Obispo was approved and the City Clerk was to
submit a letter to ACE Local Coordinating Council
C -5 The request from El Camino Foreign Car Club for use
of Santa Rosa Park for 6th Annual Concours D' Elegance on May 26,
1974 using a public address system was approved subject to the
control of the public address system
C -6 The Administrative Officer announced the following ap-
pointments
Frank A Brown as Janitor beginning at Step I or $536
effective May I, 1974, subject to one -year probationary
period,
and Gary D Orbeck as Police Officer beginning at Step
I or $816, effective June I, 1974, subject to one -year
probationary period
C -7 The continued consideration of the EASEMENT from PG &E
and Pacific Telephone & Telegraph Company (continued from April
I, 1974) for overhead wires near the Recreation Center was ap-
proved and the following resolution was introduced RESOLUTION
NO 2603 (1974 Series) a resolution of the Council of the City of
San Luis Obispo granting an easement for public utility purposes
across City owned property at the City Recreation Center
Passed and adopted on the following roll call vote
AYES All
NOES None
ABSENT None
C -8 The CORPORATION GRANT DEED',fromlReeder Development
Corporation for Higuera Street widening was accepted and the
Mayor was authorized to record
C -9 The CORPORATION GRANT DEED from Arnold A Volnv and
Diana M Volnv, Volny Construction Inc , for the purpose of
street widening on Peach Street was accepted and the Mayor was
authorized to record
City Council Minures
May 6, 1974
Page 20
C -10 The Claim against the City of San Luis Obispo from
Josephine Bowden for damage done when sewage backed up into
her house was denied and the claim was referred to the insur-
ance carrier
C -II The Claim against the City of San Luis Obispo from
Hart T Goodman for damage done to his car on April 5, 1974
was denied and the claim was referred to the insurance car-
rier
C -12 The Communication from the Deoartment of Finance
regarding the January, 1974 population estimate for cities
in California, also copies of statistical tables for comparison
purposes was ordered received and filed
On motion of Councilman Brown, seconded by Councilman Norris
all the consent items were approved
Councilman Gurnee left the meeting at II 30 P M
B -I City Clerk reported on the following bids received for
BULLOCK LANE SEWER EXTENSION; City Plan No 39 -74 Bids opened
May I, 1974 at 2 00 P M
Engineer's Estimate $6,930 00
R Baker Const Co , Inc 4,474 55
P 0 Box 419
Arroyo Grande, CA
Charles A Pratt Const Co 5,638 26 '
P 0 Box 1295
San Luis Obispo, CA
The low bid of R Baker Const Co approved on motion of Coun-
cilman Brown, seconded by Councilman Norris
B-2 The City Clerk reported on the following bids received
for SEWER SIPHONS PROJECT, City Plan No 13 -74 Bids opened on
May I, 1974 at 2 30 P M
Engineer's Estimate $16,850 00
Walter Bros Const Co , Inc 25,000 00
P 0 Box 809
San Luis Obispo, CA
R Baker Consi Cc , Inc 49,320 00
P 0 Box 419
Arroyo Grande, CA
Charles A Pratt Const Co 57,581 35
P 0 Box 1295
San Luis Obispo, CA
David F Romero, Citv Engineer, stated that Walter Bros had
informed him that this firm had made an error in its bid in
not taking into proper account Fish and Game requirements,
and had asked that its bid be withdrawn
A J Shaw, City Attorney, explained the legal responsibilities
of the City on the contractor and asked that in the future Fish
8 Game requirements be included as a separate bid item to be
considered by the City Council
D F Rdmero stated in fairness to all that he recommended that
all bids be rejected and that the project be rebid with full
knowledge of all bidders
City Council Minutes
May 6, 1974
Page 21
On motion of Mayor Schwartz, seconded by Councilman Graham that
the City Council release Walter Brothers from their bid and
further that all bids be rejected and that the City readvertise
for bids with full information available to all bidders Motion
carried
B -3 City Clerk's report of the following bids received for
1 0 0 F CEMETERY WALL RECONSTRUCTION, City Plan No 41 -74 Bids
opened May I, 1974 at 3 00 P M
Engineer's Estimate $3,347 40
J D Concrete 3,347 77
2815 Johnson Avenue
San Luis Obispo, CA
Walter Bros Const Cc 3,451 93
P 0 Box 809
San Luis Obispo, CA
On motion of Councilman Brown, seconded by Councilman Norris,
the low bid of J D Concrete was accepted
B -4 The City Clerk reported on the following bids received
for WATERWAY OBSTRUCTION ABATEMENTS NO 2, Citv Plan No 42 -74
Bids opened May I, 1974 at 3 30 P M
Engineer's Estimate $3,450 00
Walter Bros Const Co 4,050 00
P 0 Box 809
San Luis Obispo, CA
On the motion of Councilman Brown, seconded by Councilman Norris
the low bid of Walter Brothers Const Co was accepted
B -5 City Clerk reported on MATERIALS FOR PLAY EQUIPMENT
AT MEADOW PARK. Bids opened May 6, 1974
Jesse Bentley
Boyde Const Co
San Luis Mill
$1,550 00 plus tax
1,700 00 plus tax
On motion of Councilman Brown, seconded by Councilman Norris
the low bid of Jesse Bentley was accepted
II 40 P M Councilman Gurnee returned to the meeting
TRAFFIC COMMITTEE REPORT
TC -1 74 -5 -IT It has been reported to us that the yellow
loading zone on the Pismo Street frontage
of Kwik -Way Market at the corner of Pismo
and Osos is no longer being used It is
therefore suggested that this zone which is
approximately two car spaces long be converted
to two hour parking We have also asked Mr
Romero to contact the business and see that
City Council Minutes
May 6, 1975
Page 22
they replace the driveway ramp to the west
with standard sidewalk providing it is no
longer being used for driveway purposes
TC -2 74 -5 -2T It has been reported to us that the red zone ,
on the north side of Pismo along -side City
Neon is no longer necessary now that the re-
frigeration plant across the street is closed
We therefore recommend that this red zone
consisting of approximately eight car spaces
be eliminated
TC -3 74 -5 -3T The Sports Center motorcycle establishment
located at the southwest corner of South and
Higuera has requested that 36 minute time limit
parking be established in front of their busi-
ness on South Street We have no objection
and recommend that three spaces extending back
from the Higuera intersection be so designated
TC -4 74 -5 -4T The City Engineer has reported that we have
been experiencing serious traffic congestion
and confusion in the vicinity of the County
Museum To help the situation, he recommends
that an additional stop sign be placed on
South Broad at Monterey stopping northbound u
traffic on Broad He also recommends that
five metered spaces in front of the museum be
eliminated, thus allowing changing of the cen-
terline on Monterey St We concur with the
stop sign suggestion and so recommend against
eliminating the metered spaces since They are
useful to tourists, museum visitors, etc
TC -5 74 -5 -5T Now that the area is built up, Mr Romero recom-
mends that a slsW sign be placed on Clover St
at Patricia stopping Clover traffic We so
recommend
TC -6 74 -5 -6T Now that the Foremost Dairy has moved, the
police chief suggests that the twelve minute
time limit space in front of the old office on
Higuera St be removed We so recommend
TC -7 74 -5 -7T Mr Romero has pointed out that the east side
of Nipomo between Higuera and Monterey has no
parking restrictions while the west side does
We concur with his recommendation that a two -
hour time limit zone be established on the east
side as well, to be effective 9 a m to 6 p m ,
Sunday and holidays excepted
TC -8 74 -5 -8T Robison Electronics has requested that parking
be eliminated on the east side of Sacramento t
Drive exTending southerly from Capitolio Way
to his plant entrance driveway since this is
a half street and there is parking available
in several off - street parking lots maintained
in connection with the business fronting
Sacramento Way and also in a red rocked area
City Council Minutes
May 6, 1974
Page 23
abutting the west side of Sacramento We
agree that the present situation is hazardous
and recommend that signs be installed in the
' sidewalk designating the parking restriction
TC -9 74 -5 -9T Mr Romero has continued to look at the traf-
fic situation at Laurel and Johnson and feels
visibility would be improved by eliminating
one more car space on the west side of Johnson
north of Laurel Lane We so recommend
On motion of Councilman Gurnee, seconded by Councilman Norris the
following resolution was introduced RESOLUTION NO 2604 (1974
Series), a resolution of the Council of the City of San Luis Obispo
establishing restricted parking on portions of Pismo, Nipomo and
South Streets, eliminating parking restrictions on portions of
Pismo Street and Higuera Street, prohibiting parking on portions
of Johnson Avenue and Sacramento Drive, and establishing stop signs
on Broad Street and Clover Drive
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Norris, Brown, Graham,
and Mayor Schwartz
NOES None
ABSENT None
TC -10 74 -5 -IOT Suggestion for four -way stops at Patricia
and Highland and Patricia and Daly by Arthur
C Duarte, 572 Patricia, at Osos and Palm
suggested by Mrs S M Forden, 770 Serrano
Drive
TC -11 74 -5 -IIT Another request from the Sinsheimer PTA for
a hearing on the matter of imposing further
parking restrictions on Augusta St Before
doing anything further on this, we would like
to have the benefit of the bikeway study recom =.
mendations being prepared by John Williams
This is also true of the bike lane proposal
along the east side of lower Higuera referred
to the Traffic Committee by the Council
TC -12 74 -5 -12T Another request from the Housing Authority
for a second passenger loading zone in front
of the Anderson Hotel on Morro Street We
are afraid of such a zone on a narrow street
and also, we don't feel it would be as useful
as the Monterey St entrance because of the
half flight of steps involved which could pre-
sent a problem for older and /or handicapped
residents
TC -13 74 -5 -13T Suggestion of Ray Sabersky, 1344 Pacific Street,
that the intersection of Pacific and Pepper be
closed The fire department, police department
and the public works department recommend
against this as do several of the neighbors
City Council Minutes
May 6,_ 1974
Page 4
TC -14 74 -5 -14T Suggestion by Mrs Forden that stop sign on >_
Murray at Broad be removed and request from
Robert E Barrows, 770 Meinecke Street, for
several marked crosswalks on Chorro Street
The time has come for the previously scheduled
review of the Broad St stop signs by the Traf-
fic Committee and we feel that the final dis-
position of that item might have an effect
on these other suggestions
Traffic Committee Item No TC -14 was held over for further study
The City Council adjourned to Executive Session
The City Council adjourned to a point study meeTing with the
Citizens' Advisory Committee on May 13, 1974 at 7 30 P M , on
motion of Councilman Brown, seconded by Councilman Graham, all
ayes
APPROVED August 19, 1974 ,
F trick, City Clerk
Pledge
Rn I I r:a I I
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
MAY 13, 1974 - 7 30 P M
COUNCIL CHAMBERS, CITY HALL
,PRESENT John C Brown, Myron Graham, T Keith Gurnee, Jesse
Norris and Mayor Kenneth E Schwartz
ABSENT None
City Staff
PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, A J Shaw, Jr , City Attorney, David Williamson,
Assistant Administrative Officer, Wayne Peterson,
Assistant City Engineer
------------------------------------------------------------ ----------- - - - - --
I Assistant City Engineer, Wayne Peterson, presented for the Council's
consideration plans and specifications for the LINCOLN -BROAD DRAINAGE IMPROVE-
MENT PROJECT Wayne Peterson presented the plans and specifications explaining
the scope of the project and stated that it was estimated at $79,000 plus
On motion of Councilman Gurnee, seconded by Councilman Norris that the plans
and specifications be approved and that the City Engineer be authorized to
proceed with advertising for bids
2 Council consideration of the proposed ordinance prepared by the
' Citizens' Advisory Committee on Conflict of Interest Mr Tim Beedle, Chairman,
Citizens' Advisory Committee, and members Mrs Nybak and Mr Gruber appeared
before the City Council presenting the recommendation of the Citizens' Advisory
Committee Tim Beedle reviewed the proposed ordinance section by section for
the City Council's informaffon He stated that the reason for adopting such an
ordinance was to encourage the independence, impartiality, and honesty of City
officials and employees in all governmental actions and decisions, to inform
citizens of the existence of personal economic interest which may present a
conflict of interest between the official or employee's public trust and private
gain, to prevent public office from being used for personal gain other than the
remuneration provided by law, to assure that governmental decisions and policy
be made in the proper course according to the proper procedures and considerations,
to prevent special interests from influencing governmental decisions and policy
to their benefit, and to assure, to the extentlpossible, that governmental
policy and decisions reflect the public interest
The objectives of the proposed ordinance was to help officials and public
employees achieve the following standard of conduct
That as far as the public is concerned, it Judges its government by
the way Its officials and employees conduct themselves in the posts to which
they have been appointed, the people have a right to expect that each official
and employee will conduct himself or herself in a manner that will tend to
preserve public confidence in and respect for the government entity or agency
which he or she represents Such confidence and respect can best be promoted
if every official and employee, whether elected or appointed, will uniformly
treat all citizens with courtesy, fairness, impartiality, and equality under
The law and avoid both actual and potential conflicts between their private
self - interest and the public interest He then reviewed sections on definitions
dealing with the proposed ordinance He reviewed the conflict of interest and
code of ethics provisions, disclosure of interest, the officials who were expected
to comply, the need for an ethical review board, their duties and responsibilities,
and enforcement of the proposed ordinance
City Council Minutes
May 13, 1974
Page 2
A.J Shaw, City Attorney stated that he felt that the Citizens' Advisory Committee's
proposed ordinance was legal and felt that all proposals of conflict of interest,
code of ethics, etc , although he did feel there might be some problems with the
ethical review board provisions and the penalties imposed by them
The City Council and the Citizens' Advisory Committee members present then
reviewed the proposed ordinance section by section with quesTions to the members
After review of the entire ordinance, it was a common consent of the Council '
that the Citizens' Advisory Committee review the proposed ordinance in light of
this evening's discussion, review with the City Employees' Association any input
they may have and bring back whatever recommendations the Citizens' Advisory
Committee felt would be appropriate in this area
Mayor Schwartz thanked the Citizens' Advisory Committee members for their hard
work in arriving at this very difficulT recommendation.
The Mayor declared a recess at 9 50 P M
The meeting reconvened at 10 00 P M with all council members present
3 The City Attorney reviewed for the City Council a number of legal
memorandums on various subjects for their considerat�ton
A Garage Liens for Storage, April 29, 1974 - received and filed
B (1) Physical Standards for Police Officers must be "Job Related "
(2) Police Officer Positions must be open to Men and Women,
dated April 23, 1974 - was referred to the Administrative
Officer
C Vallejo Firefighters Case, Negotiations with Employee Organizations
as to Facilities and Number of Personnel, April 23, 1974 - was I
ordered received and filed
D Zoning Decision by Supreme Court, April 2, 1974 - was ordered
received and filed
E Police Officers, Sex Discrimination, March 26, 1974 - was ordered
received and filed
F City Ordinance Regarding Financial Disclosure - was ordered
received and filed
G Decision by California Supreme Court Increasing Legal Burden of
City, March 29, 1974 - was ordered received and filed
H S B. 716, S B 1340, Financial Disclosure by City Officials,
March 28, 1974 - was ordered received and filed
Sign Ordinance, March 14, 1974 - was ordered received and filed
J Duty of State Agencies to Consider Effect of their Actions upon
the Environment, January 31, 1974 - was referred to the City Attorney
and the Assistant Administrative Officer
K Trial Court Decision in the Petaluma Case, January 18, 1974 - was
ordered received and filed '
L" Minor Subdivisions, January 17, 1974 - was ordered received and
filed
M Sidewalks'and Curbs for "Public Use" constructed for accessibility
by Physically Handicapped, May 6, 1974 - was ordered received and
filed
City Council Minutes
May 13, 1974
Page 3
4A Status Report FLOOD CONTROL ZONE 9
David Williamson, Assistant Administrative Officer, reported on progress of
the Zone 9 Advisory Committee and the work program that they are preparing
for the Zone's consultant to prepare a complete study of flood control and
flood problems within the Zone 9 area The contract will not be developed
prior to the June 4, 1974 primary election, at which the tax rate for the
Zone 9 operation would be voted by the people The matter was continued to
' the May 20, 1974 meeting for consideration
4B Councilman John C Brown reported to the City Council on the proaress
of the transportation study being made for the County of San Luis Obispo by a
consultant through the City /County Planning Group for a comprehensive trans -
portation plan for the City
Wayne Peterson, Assistant City Engineer, reported to the City Council on the
City's bus system and its operations to date
4C Richard D Miller, Administrative Officer, reviewed for the City Council
the animal control program and shelter service being considered by the County
Board of Supervisors for implementation on July 1, 1974 He stated that the County
Board of Supervisors and the Wood's Animal Shelter are trying to come to some
agreement whereby the County would handle the receiving and the controlling of
animals and the Humane Society would contract for housing, caring and disposing
of the animals picked up by the control officers He stated that as soon as
the County had come to a conclusion on a program, he would ask representatives
from the County to come to the City Council and present the entire package
4D A report on pending legislation by the City Clerk, J H Fitzpatrick
was continued to a future meeting
4E The 1974/75 budget proposals for Council review was continued to a
later meeting
5 Communication from the City Engineer forwarding a memorandum regarding
an estimate from the Singer Traffic Information System for correcting the Foothill
Boulevard - Chorro Street - Broad Street intersection traffic signals It was
their estimate that the parts and labor to perform the modification would be
$1,683 00 The modifications proposed would change the signal from a seven -phase
operation to five phases The existing fire pre -empt would remain The City
Engineer recommended that the City Council authorize the Singer Corporation to
make the changes under question as he felt this would make a much smoother and
a quicker operation at this intersection
The City Council approved the recommendation and authorized the City Engineer
to proceed
6 The City Engineer submitted a communication through the Administrative
Officer for permission to immediately start consultant studies as part of the
Regional Water Quality Control Board Discharge Requirements from the City Sewage
Treatment Plant, and he requested permission to solicit a proposal from John
Jenks to be submitted at a future City Council meeting
By common consent of the Council, the City Engineer was authorized to solicit
a proposal from John Jenks of Jenks and Adamson for a study of the requirements
of by- passing raw sewage to San Luis Creek which must be made prior to September,
1974
7 The City Council adjourned to Executive Session
8 On motion of Councilman Brown, seconded by Councilman Graham the meeting
adjourned to 12 15 P M on May 17, 1974. Motion carried
APPROVED August 5, 1974 1
F ATRICK, CITY CLERK
f
I
I
Pledge
Roll Call
Citv Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 17, 1974 - 12 15 P M
Conference Room, City Hall
Present Myron Graham, T Keith Gurnee, Jesse Norris,
Mayor Kenneth E Schwartz
Absent =John -C Brown
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney
1 R D Miller, Administrative Officer, submitted for the Council's
consideration a resolution making adjustments to the 1973/74 budget and
presented justification for each
On motion of Councilman Graham, seconded by Councilman Gurnee the following
resolution was introduced RESOLUTION NO 2607 (1974 Series) A resolution
increasing the 1973/74 budget
Passed and adopted on the following roll call vote
AYES Councilmen Graham, Gurnee, and Norris and Mayor Schwartz
NOES None
ABSENT Councilman Brown
2 R D Miller. Administrative Officer, then reviewed in detail his
budget letter for the 1974/75 City budget He reviewed the estimated
revenues and expenditures by general category and also reviewed the
estimated year end balances by fund The City Council reviewed with
Mr Miller various elements of the work proposed to be accomplished by
the 1974/75 budget
The City Council then discussed the best method of reviewing and studying
the proposed budget
The Council decided they would each take their budget and individually
study it and then later decide a strategy as to the best approach to study
the document
3 J H Fitzoatrick, City Clerk, brought to the Council's attention
that after study and investigation by his staff that they would prefer to
give the general ledger and accounts payable, data system to Stat -Tab, a
service bureau with offices in Los Angeles rather than Infonational The
City Clerk explained the reasons for this recommendation and the background
of the studies made prior to making this recommendation to the City Council
The City Clerk then asked for Council authority to present Stat -Tab with a
letter of intent, so that negotiations and work may proceed, subsequently
a formal contract will be drawn up, at which time the Council can make a
final determination on the program The City Clerk concluded that the City
Attorney has reviewed the provisions of the letter of intent and the contract
and had made several suggestions for amendments
City Council Minutes
May 17, 1974
Page 2
On motion of Councilman Gurnee, seconded by Councilman Graham that the
City Clerk be authorized to sign a letter of intent with Stat -Tab to
proceed with data processing work for the City Motion carried
4 There being no further business before the Council, Mayor
Schwartz adjourned the meeting '
APPROVED July 1, 1974
J ,1 FIT', RICK, CITY CLERK
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
MAY 20, 1974 - 7 00 P M
CITY HALL
Roil Call
Present Graham, Gurnee, Norris, Mayor Schwartz
Absent Brown
City Staff'
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, D Williamson, Assistant Administra-
tive Officer, W Flory, Director of Parks 8
Recreation, R A Paul, Water Department Director,
E L Rodgers, Police Chief, D R Romero, City
Engineer, L Schlobohm, Fire Chief, R Strong,
Planning Director
I The City Council considered the final passage of
Ordinance No 614, an ordinance of the City of San Luis Obispo
amending the Municipal Bode by adding Chapter 5 to Article A V
providing for the regulation of contributions and expenditures
in Municipal Elections
Councilman Norris requested that the City Council not take ac-
tion at this time as Councilman Brown was absent and he felt
' this important City legislation should have consideration by
the full Council prior to its adoption
A J Shaw, Jr City Attorney, stated that Section 4504, Soli-
citation agents, was inadvertently included in this ordinance
as printed, and that at the time the ordinance was passed to
print by the Council this section was to be removed He
stated there would be no problem if the Council wished to finally
adopt the ordinance as printed and the ordinance could be amended
by an additional ordinance He also asked the City Council if
it was their intention in Section 4509, subsection 7, that the
campaign statements for all candidated be published on the Friday
prior to the election or on Saturday The reason this was
brought to the attention of the Council was that the City Clerk
reported that in order to advertise on Friday, all the candidate
contributions would have to be filed by Wednesday It it were
allowed to be advertised on Saturday, the ads and listings had
to be in to the newspaper by Thursday It was the feeling that
this would give one more day for consideration and for the can-
didates to report
Councilman Gurnee was in support of adopting the ordinance with
the amendments by dropping Section 4505 as was previously done
and amending Section 4509 (7) to allow the contributors to be
' advertised on Saturday and not Friday He would support final
passage of the ordinance
Councilman Norris felt the ordinance was poorly written, was not
needed by the community at this time He then reviewed sections
of the ordinance which he felt were inappropriate for San Luis
Obispo and actually might be declared unconstitutional by a higher
court
City Council Minutes
May 20, 1974
Page 2
Councilman Graham stated he was in support of the ordinance
as introduced and he too would accept the amendments as sug-
gested by the City Attorney
Mavor Schwartz declared the meeting open to the public on this
matter
Amy Arsenio felt this ordinance had been thoroughly studied
since July 1973 and felt the City Council should proceed with
final passage as it was good legislation for San Luis Obispo
Mayor Schwartz declared the meeting closed to Council and staff
discussion as no one else appeared before the Council
Councilman Gurnee again expressed his support of the ordinance
He felt the legislation was needed for the good of San Luis
Obispo and was an ordinance urgently needed by the voters of
San Luis Obispo and that taking money out of elections would
give government back to the voters and allow more citizens to
run for office
Councilman Norris read a newspaper article which srated that
the State Attorney General had given an opinion that cities
could not limit expenditures for elections He felt this
ordinance was unconstitutional He stated he was for full
disclosure of campaign statements and was also in support of
$100 maximum for each contributor and he was for full know-
ledge of who was supporting a candidate, but he felt the or-
dinance was not a good one as it was anti - establishment and
anti - business and was in favor of students and unemployed per-
sons who could do leg work but had no funds to support a can-
didate of their choice He felt that a working man could _
not go door to door if he wished to run for office and that
citizens should be allowed to support his candidacy by con-
tributions of cash He hoped the Council would make the neces-
sary arrangements and amend the ordinances to make the ordinance
more realistic and workable He further objected to the ap-
pointment of a citizens' commit -Tee to review the actions of
this ordinance during the 1975 election He sincerely asked
the Council to defer any action until the full Council could be
present and make the necessary changes in the ordinance
Councilman Graham stated he was in support of the ordinance
He thought it was well written, the financial limitations were
needed now He also thought Section 4505 could be eliminated
to clear up the election procedure
A J Shaw Jr , City Attorney, commented on Attorney General
Younger's opinion, but he felt that Charter cities were allowed
to control municipal elections as long as they were more re-
strIcn ve than State law
Mayor Schwartz felt the ordinance was needed to allow people in
the City to make their decisions on election of officers with
full knowledge of who was supporting each candidate He also
felt the limit on the amount of contributions was good and rea-
sonable He felt this was an ordinance which would be setting
a standard for future elections in San Luis Obispo He felt
this was a good ordinance and would require each supporter of
a candidate to stand up and be counted He also felt that
Section 4513, a Council Study Committee, was a good safe -guard
for review of the ordinance after the 1975 election He felt
City Council Minutes
May 20, 1974
Page 3
this was a reasonable requirement of the ordinance and he
felt the Council in office at that time would wish to have the
ordinance completely reviewed to see if it was still viable
and was still necessary
' On motion of Councilman Gurnee, seconded by Councilman Graham,
Ordinance No 614, an ordinance of the City of San Luis Obispo
amending the Municipal Code by Adding Chapter 5 to Article IV,
and providing for the regulation of contributions and expendi-
tures in municipal elections, was finally passed on the following
roll call vote
AYES Councilmen Gurnee, Graham and Mayor Schwartz
NOES Councilman Norris
ABSENT Councilman Brown
2 At this time the City Council considered the final
passage of Ordinance No 615, an ordinance of the City of San
Luis Obispo amending the official zone map of the City (to re-
zone 2211 Broad Street from M (manufacturing) to C -N -S (neigh-
borhood commercial, combining))
R Strong, Planning Director, reviewed for the City Council the
recommendation of the Planning Commission to rezone this property
to neighborhood commercial with a combining designation added
' Mayor Schwartz declared the public hearing open
No one appeared before the Council to comment
Mayor Schwartz declared the public hearing closed
On motion of Councilman Norris,
Ordinance No 615, an ordinance
of the City of San Luis Obispo,
lowing roll call vote
AYES Councilmen Gral
Schwartz
NOES None
seconded by'Councilman Gurnee,
amending the official zone map
was finally passed on the fol-
)am, Gurnee, Norris and Mayor
ABSENT Councilman Brown
3 At this time the City Council was scheduled to hold
a public hearing on the appeal of Marvin R Trevillian from a
denial by the Planning Commission to build a proposed housing
project for the elderly at 1245 Phillips Lane
The City Clerk presented a communication from Robert B Mac-
Kenzie, attorney representing Mr Trevillian, requesting that
the appeal be withdrawn and that the matter not be considered
by the City Council
Upon advice of the City Attorney, the Mayor asked if anyone
was interested in discussing this matter before the City Council
as it had been advertised as a public hearing
No one appeared before the City Council
City Council Minutes
May 20, 1974
Page 4
The matter was removed from the agenda
4 Continued hearing on the installation of bicycle
lanes on Los Osos Vallev Road from the northwesterly City _
limits to Madonna Road
The City Clerk reported that property owners involved had a-
gain been notified of this evening's hearing
D F Romero, City Engineer, reviewed his proposal for the
installation of a bicycle lane on Los Osos Road between
Madonna Road and the northwesterly City limits He stated
it was his view that parking should not be prohibited on
arterials when there was a need for such parking and where
traffic in the foreseeable future would not be of such large
volumes as to endanger bicyclists riding between parked cars
and the outer vehicular lane On that basis, he recommended
that Plan B of the two proposals which eliminated parking
on the westerly side be adopted by the City He concluded
that if the City Council found this plan unacceptable, it
would then be possible as a compromise measure to adopt Plan A
between Descanso and the apartments opposite Oceanaire and
Plan B from this point to Madonna Road thus leaving a clear
lane for the bicyclists wherever possible and providing parking
only at those locations where needed by the adjacent businesses
John E Williams, employee of the City of San Luis Obispo,
studying bike ways in The City, recommended that from the
western limits to Madonna Road no parking be allowed on the
north side of Los Osos Road as this property was for the most
part undeveloped at the present time If development occured,
then 16e recommended that the developer should be required to
put in additional off - street parking He recommended That
parking be allowed to continue on the southside and tnat the bike
lane be placed on the traffic side of the parking lane He
noted there was some need for additional parking for the apart-
ments on Los Osos Valley Road He then submitted several recom-
mendations for Los Osos Valley Road from Madonna Road easterly
to the residential areas on Higuera Street
Mavor Schwartz declared the public hearing open
Ron Benzer, developer and builder on Los Osos Valley Road, ob-
jected fo the plan of eliminating parking on the west side of
the road as he felt it would hurt his business on this street as
he had sufficient parking for tenants and their employees but
That customers used the curbside parking to call on businesses
in The area and if this was eliminated, his businesses would
be required to move and his tenants would seek other locations
where their customers could park
Bonnie Hageman, manager of the Irish H M Is Hamlet Apartments,
felt that the elimination of parking in front of the apart-
ment house would be detrimental to both the owner and the
tenants of the building She stated that the tenants had
sufficient parking in the back and side of the property but
that visitors must park at the curb and if this parking were
eliminated, then the tenants would have to move as they would
have no place for their visitors to park
City Council Minutes
May 20, 1974
Page 5
Gerald ShiDsey, attorney for Aime LaLande, objected to the
proposal to eliminate parking along the west side of Los
Osos Valley Road which he felt would be !disastrous to his
client's /0o eFty as they could provide parking for their
tenants but no additional parking would be provided for
visitors
Mavor Schwartz declared the public hearing closed
Councilman Graham stated he would support Plan B which would
prohibit parking on the easterly side but would permit park-
ing on the westerly side as he did not wish to see red zones
on Los Osos Valley Road as it would hurt the tenants and busi-
nesses in the area
Councilman Gurnee felt that he would support Plan A which
would grant a bike path for the protection of the bicyclists
on the heavily travelled road
Councilman Norris stated that he would support Plan B as he
did not like to see the curbside parking eliminated for the
properties
Mayor Schwartz stated that he would support a compromise of
Plans A and B with curb parking allowed where it already
exists between Oceanaire and Madonna Road along the westerly
side of Los Osos Valley Road with the bike path adjacent to
parking but with curb parking eliminated to allow for full
bike lanes from the extension of Oceanaire Drive to the west-
erly City limits
On motion of Councilman Graham, seconded by Councilman Norris,
that the City adopt Plan B Motion lost on the following roll
call vote
AYES Graham, Norris
NOES Schwartz, Gurnee
Councilman Gurnee stated he would favor the Mayor's compromise
of Plans A and B
& cmotron of Mayor Schwartz, seconded by Councilman Gurnee,
that Plan B be adopted but modified from Descanso to the ex-
tension of Oceanaire Drive and then Plan A be continued to the
City limits
-t. r
�Mo'tion lost on a two to two vote
The matter was continued on Motion of Graham, seconded by
Schwartz; for consideration by the full Council
5 At this time the City Council discussed its action
or actions relative to Zone 9 tax rate issue as Measure B on
the June primary ballot
D Williamson, Assistant Administrative Officer, reviewed a
lengthy document regarding the taxation proposal for Zone 9
He said Measure B proposed the establishment of an 51 tax rate
limit per $100 of assessed valuation on real property for two
years and a 5a limit thereafter The revenue from these taxes
City Council Minutes
May 20, 1974
Page 6
would pay primarily for (1) the preparation of a master
drainage plan which takes into consideraTion corrective and
preventative flood control and water conservation measures,
land use controls within the major waterways, and related
flood plains Recognition would be given to environmental,
aesthetic effects, and multi- purpose use of major waterways
and related flood plains, (2) Obtain additional hydraulic
data within the watershed, and (3) provide an annual stream-
bed survey program and a modest streambed clearance program
He stated that the construction of improvements within the
waterways and related aspects such as land acquisition would
be the subject of future master bond proposals He continued
that the preparation of a master plan and all it entailed were
outlined in a letter prepared by Mr Robert Strong, Planning
and Building Director dated March 29, 1974 The Zone 9 Ad-
visory Board has selected a consulting firm to prepare the
master plan contingent upon voter approval of Measure B
While no firm work program had been developed, he had met with
Clint Milne and Wally Burt of the County Engineering staff re-
viewing Mr Strong's letter point by point in an attempt to
clarify what work would logically be within the scope of Zone
9 plan and what work would be within the City's scope through
the Planning Consultant KDG He then reviewed an outline of the
responsibility of the City's consultant a6d the Zone 9 consul-
tant In summary, he stated that a work program for Zone 9
Master Plan had not been formalized or adopted by the Advisory
Board or the Board of Supervisors The County Engineering staff
was now endorsing a master plan study that was quite broad in
scope The County staff and the Advisory Board had concurred 1
that the master plan should reflect the needs and desires of
clearly defined portions of the watershed For example, the
master plan for the City and its environs should reflect the
wishes of the City For those who believed that this intent
was sufficient evidence that support should be given to
Measure B, this intent should suffice As a valid reason why
Measure B should be supported, anyone who believed this intent
should be mandated may wish to seek additional guarantees before
stating a position He then reviewed the March 29, 1974 letter
from the City's Planning Director regarding the evaluation of
a joint study of the various planning alternatives involved
with Zone 9 He then reviewed an information sheet from the
Advisory Board of the Flood Control Zone 9, which stated that
the initial goals of the advisory board were,^(jff -to develop a
master drainage plan for the watershed, have it adopted by
both the City and County as a part of their respective General
Plans The Plan would look to both corrective and preventative
measures and would consider niot only the traditional flood con-
trol measures, but would look at land use controls, (2)_ gather,ad-
ditional hydrologic data so that future decisions would be
better made by the responsible agencies This would require the
installation of additional recording rain guages and stream
flow stations (3) provide an annual streambed surveyance pro-
gram with a streambed clearance program This would be but a
modest program which would keep problems minimal from a small
or average storm but would not be helpful in combating large
storms He then reviewed for the Council how the tax rate limits
proposed on the June 41 1974 ballot Measure B would affect pro-
perty owners with various assessed valuations
The City Council and Assistant Administrative Officer then dis-
cussed the various elements of the report on Zone 9 and how it
would work
City Council Minutes
May 20, 1974
Page 7
D Williamson stated that the County Engineer notified him
that historically, when an Advisory Board in the Flood Con-
trol District made a recommendation to the Board of Supervisors,
then the Board of Supervisors normally agreed with the recom-
mendation
Clint Milne, Assistant County Engineer (Hydraulics), appeared
before the City Council requesting Council support of Measure
B on the June primary ballot becuase without the power to tax
or to receive funds, none of the studies or plans for Zone 9
could be accomplished
Councilman Graham felt that due to the disagreement with the
County over the flood control, particularly involving Joint
operation or a Joint task force, it might be better if the
City Council took no action for or against Measure B
Councilman Gurnee felt that after reviewing the Williamson
report after the meeting started that the matter should be
continued to a special meeting when Councilman Brown could
be present to participate in discussion of the recommendation
as he was the Council's representative on the Advisory Board
He stated that until such discussion was held, he would oppose
support of the Measure by the City He also indicated that
he wished that he could have received the analysis by the
Assistant Administrative Officer prior to the Council meeting
so that they could have some intelligent discussion
Councilman Norris stated that he was very pleased with Wil-
liamson's report even though it was received at such a late
date and could not be properly analyzed by the City Council
for their consideration He was pleased to hear the City
and County personnel to the Zone 9 Advisory Board were working
well together to solve the flood problems in the watershed,
and he felt that Zone 9 is a winner He stated he would en-
dorse it, support it and also felt that the City Council should
do all they could to help this passage
Mayor Schwartz felt that under existing conditions and due to
the lack of the cooperative attitude on the part of the County
Board of Supervisors he felt that the City had no other way to
go but to support Measure B
The matter was continued to a future Council meeting when Council-
man Brown would be present for a further analysis
6 Memorandum from the Council subcommittee, Councilman
John Brown and Myron Graham, on a preliminary building plan for
Meadow Park
On May I the subcommittee met with the Park 8 Recreation Com-
mission and representatives from the Architectural Review Com-
mission, Design Review Board and staff their ideas and suggestions
were noted by the architect and further discussed by the Council
subcommittee on May 8, 1974 At this time the Council subcom-
mittee recommended adoption of the preliminary plan of Architect
James Maul and recommended,:that the City authorize the architect
to proceed with working plans and drawings
James Maul, Architect, appeared before the City Council submitting
a program to the City Council for development of a building for the
Meadow Park area He reviewed for the City Council a model explaining
City Council Minutes
May 20, 1974
Page 8
the reasons and background for the type of building that he would
recommend for the Meadow Park He estimated the cost as of this
date to be $106,835 00
On motion of Councilman Gurnee, seconded by Councilman Graham
the City Council accepted the design and program as presented
by the Architect James Maul and authorize the architect to pro-
ceed with working plans on drawings subject to one more review
meeting with the Citizens in the neighborhood of Meadow Park
If they had no major objections in the neighborhood then the
architect was to proceed
Motion carried, no noes, Councilman Brown absent
Mayor Schwartz declared a recess at 9 20 P M
The meeting reconvened at 9 35 P M with all Councilmen present
7 Council consideration of the recently adopted Archi-
tectural Review Commission procedures as authorized by Ordinance
No 600 (1974 Series)
Robert Strong, Planning Direcror, reviewed with the City Council
for their consideration procedures adopted by the Architectural
Review Commission as required by the City ordinance
The City Council discussed with the Rev Tladen, member of the
Architectural Review Commission, some of the background and rea-
soning why the ARC adopted the procedures as recommended by the
City Council
On motion of Councilman Graham, seconded by Mayor Schwartz the
following resolution was introduced Resolution No 2605, a
resolution of the Council of the City of San Luis Obispo ap-
proving Architectural Review Commission procedures and criteria
Passed and adopted on the following roll call vote
AYES Councilmen Graham, Gurnee, Norris, and Mayor
Schwartz
NOES None
ABSENT Councilman Brown
8 Communication from Or Helmut Schleicher, 2640 El
Cerrito, again submitted complaints to the actions taken by the
City staff in regard to 1645 Encino Court (Chatham - Del Vaglio)
matter This matter was continued from the May 6, 1974 session
Dr Schleicher was again taking issue with the actions and letters
submitted by City staff members, David Williamson and David F
Romero, regarding the land development at 1645 Encino Court It
was Dr Schleicher's continued contention that the wall on this
property was not built according to City standards, reinforcing
was not properly applied, that the fill was not properly com-
pacted, and it was his opinion that the wall was likely to col-
lapse at any time when the weight of water and /or dirt became
stronger than the wall builT on the property
City Council Minutes
May 20, 1974
Page 9
D F Romero, City Engineer, felt that there was no way that the
City could meet Dr Schleicher's complaints, as he had complained
and critized each engineer that had done any work on the property
It was Mr Romero's opinion that the work done on the Del- Vaglio -
Chatham property was satisfactory and met minimum City standards
except for the landscaping
Upon question D F Romero stated that it was his opinion that the
retaining wall was safe and was no risk to the adjacent property
owner
The City Council discussed with the City Engineer the various
allegations made by Dr Schleicher regarding the Del Vaglio pro-
perty
Dr H Schleicher stated that if the City would accept responsi-
bility for possible failure of the wall he would accept the Council
determination dust so that the Council understood what they are
accepting for possible future City liability Although he, Dr
Schleicher, felt the City should make the necessary studies of the
wall and footing to see what was really built and if it was built
to City standards
Councilman Norris stated that he was satisfied that the wall was
built according to City standards, and he hoped the matter could
be put aside so the Council could move ahead with more important
business
The City Engineer was asked by the City Council if it were pos-
sible to expose the end of the wall to see if it were built to
City standards with a detail report of their findings to the City
Council
The City Engineer stated this could be done and the matter was
continued to a future meeting after the studies had been made
9A Memorandum from the City Engineer, D F Romero, re-
questing Council approval of several actions taken by the Mass
Transoortation Committee at their meeting of May I, 1974 regarding
the City bus system
A The modification of the bus routes to provide
better service to the community This recommendation carries
with the implication of printing a new bus schedule and some
changes in vehicle mileage
B Consideration of quantity discounts for pur-
chase of tokens in the amount of $100 or greater
C Initiation of a l0a fare after 7 00 P M
Thursday evening and all day on Sundays
D Installation of a number of additional bus
benches and relocation of several from present locations
E Permission for the City Engineer to be authorized
to order the van to operate at 70¢ per mile rate under special
conditions
rr
City Council Minutes
May 20, 1974
Page 10
The City Engineer, after presenting the recommendations of the
Mass Transportation Committee, presented sketch maps showing the
amendments to both Route I and Route 2 The changes were being
recommended in an attempt to cover more area and to provide
service to more people
After discussion and review of the actions by the Mass Trans-
portation Committee, the Council took the following action
On motion of Councilman Gurnee, seconded by Councilman Graham
A Bus Routes I and 2 were modified as recommended,
B Quantity discount of tokens in the amount of $100
or greater were made at 20¢ per token as opposed to the normal 25¢
fare
C Ten cent fare after 7 00 P M on Thursday even-
ings and all day on Sunday were approved for a studv area
D The installation of a number of bus benches and
relocation of several from present locations were approved sub -
ject to a review by the City's Traffic Committee
E Continued for further study was the authoriza-
tion to order the van to operate at a 702 mile rate under special
conditions
Motion carried, all Councilmen voting aye, Brown absent
10 Robert Strong, Director of Planninq and Building
for the City of San Luis Obispo reported that Mr Gualt of the
I
irm Kennard, Delahousie and Gualt would present a detail work
program, performance schedule and proposed contract for consultant
services regarding the General Plan and regulatory system re-
visions program The program would involve a seven month com-
prehensive and intensive study to revise and refine the City's
General Plan including field research, environmental and economic
analysis and preparation of General Plan elements and specific
plans The specific plans would include at least three phase
development programs for the Central Business District, Govern-
ment Center, Los Osos Valley and Edna Valley areas Additionally
the program will provide a complete and coordinated system of
development, regulatory and implementation proposals including
zoning, subdivision, environmental and economic impact evaluation
procedures and provisions The contract would be presented for
Council consideration, and the work proposal by KDG will also
describe the tasks assigned to the principals and the subcontract-
ing consultants (Envicom, an environmental consultant firm, eco-
nomic consultants), and also defines some of the related respon-
sibilities of the City staff and other assistants The KDG portion
of the program is estimated to cost the City $112,500 maximum, which
would include professional services for the plan and program pre-
sentation, preparation, and publication In addition to this fee
the City will incur additional expenses other than extensive staff
participation throughout the program
Specifically, the City should anticipate at least $13,500 for
aerial photographic maDoing, $11,500 suDDlementary budget for
special studies related to the primary program Also, in addi-
tion to the budget the City staff requested authorization to
4
City Council Minutes
May 20, 1974
Page 11
employ both short -term, part -time professional planning personnel
and special consultants It was requested that the City Council
authorize, in addition to the KDG and aerial mapping proposals
the following
I A�,team of local students now organized as
"Urban Resource Analysts ", to conduct a residential building/
environmental survey at an approximate cost of $2,500
2 Retain, as determined necessary by the Director
of Planning and Building, the local firm of Meyer, Merriam and
Associates, to provide assistance to City staff for special
studies such as Hoffman property and airport area development
studies, preparation of precise standards and design criteria,
and data collection Approximate allocation of $4,000 requested
3 Reservation of approximately $1,000 for preparation
and implementation of an information inventory and index system,
to be prepared by a professional librarian
4 Retain, as a part -time, short -term employee,
Planning Associate, Pat Geretv, who was resigning from his full -
time position to return to graduate studies, to provide continuing
and supplementary staff services while newly appointed staff is
being initiated Estimated cost at $500 per month for 8 months
is $4,000
In summary, the General Plan and Regulatory System Revision Pro-
gram, tentatively outlined in the 1974/75 Planning and Building
Departmental Budget at $127,000 would be composed of the following
I Primary contract with KDG $112,500
2 Aerial photo 8 mapping 13,500
3 Supplementary staff and
special studies 11,500
For a total of
$137 500
Again, because of the magnitude of this proposed program, the
Planning Director and staff consultant representatives were willing
at this time to receive questions from the City Council on the pro-
posal as presented
Mr Gault, representing Kennard, Delahousie and Gualt appeared be-
fore the City Council reviewing their proposed contract for con-
sulting services listing their responsibilities, the City's re-
sponsibilities, how the contract would be paid and how it will
be implemented They also presented a lengthy document, exhibit
A, on the scope of the work to be accomplished by the consultant
and by the City Exhibit B and C were professional wage rates and
a budget estimate on the various items to be conducted under the
contract
On motion of Mayor Schwartz, seconded by Councilman Gurnee the
following resolution was introduced Resolution No 2606,
a resolution of the Council of the City of San Luis Obispo ap-
proving a contract with the consulting firm of Kennard Delahousie
and Gault Architecture and Planning for the preparation of the
General Plan and regulatory system for the City
City Council Minutes
May 20, 1974
Page 12
Passed and adopted on the following roll call vote
AYES Councilmen Graham, Gurnee, Norris and Mayor
Schwartz
NOES None
ABSENT Councilman Brown
II A communication from Swift Aire
before the State Public Utilities Commissio
the Swift Aire vs Hughes Air West case was
was authorized to send such a letter to the
Commission on motion of Gurnee, seconded by
All ayes, Brown absent
for Council support
i for fare equity in
approved and the Mayor
State Public Utilities
Councilman Graham.
12 Memorandum from D F Romero, City Engineer, requesting
Council approval of two actions taken by the Waterways Planning
Board 1) Tropicana footbridge, and, 2) Sewer service to
Hazard Mobile Home Park was continued
13
Memorandum from D F Romero , City Engineer, regard-
ing installation
of traffic signals and highway lighting at
the intersection
of Madonna Road, and the North -bound off -ramps
from State
Highway 101 as proposed by the State was continued
14
Presentation by City Engineer of plans and speci-
fications
for CITY RECREATION CENTER ADDITION, City Plan No
27 -74 was
15
continued
Presentation by City Engineer of plans and speci-
fications
for RETAINING WALL CONSTRUCTION AND DRAINAGE PRO-
TECTIVE WORK IN MISSION PLAZA, City Plan No 21 -74 was continued
16
Council consideration of amending the 1974/75
Annual Transportation
Claim (additional funds have been made
available
to the City) was continued
. * * t * * * * * * * * * * *
On motion of Councilman Gurnee, seconded by Councilman Norris
Consent Items C -1 through C -I8 were approved Motion carried,
all ayes
C -1 The claims against the City of San Luis Obispo
were approved and payment authorized subject to approval by
Administrative Officer
C -3 The City Council meeting minutes of July 24, 1973,
January 16, February II and 26, March I, 6 and II, and April 8
and 10, 1974 were approved
C -4 Communication from California Regional Water
Quality Control Board, Central Coast Region enclosing Waste 1
Discharge Requirements for the City of San Luis Obispo, adopted
by the Water Quality Control Board on May 10, 1974 was referred
to City staff for analysis of discharge order
C -5 Communication from Fred Julien regarding the City's
procedure in attempting to secure sealed bids for CITY projects
was referred to the Administrative Officer with instructions to
have staff improve scheduling to provide sufficient time periods
for development of accurate bids
City Council Minutes
May 20, 1974
Page 13
C -13 Memorandum from R A Paul, Water Department Director
regarding Temporary Encroachment Permit -- Cross Town Feeder
Pipeline Construction The Water Department Director was authorized
to sign encroachment permit
C -14 The following salary step increases were approved
effective June I, 1974
John B Carson - Fireman
From Step 2 or $816 to Step 3 or $860
William M Freeman - Groundskeeper
From Step 2 or $652 to Step 3 or $690
Josef S Hazouri - Police Officer
From Setp 2 or $860 to Step 3 or $910
Bradd D Hopkins - Fireman
From Step I or $772 to Step 2 or $816
Ernest R Maldonado - Maintenance Man 11
From Step 2 or $670 to Step 3 or $712
Joseph PIuneda, Jr - Utility Plant Operator I
From Step 4 or $750 to Step 5 or $794
C -6 Communication from John Kuden regarding dumping
sewage water in San Luis Creek was referred to staff consultant
for study
C -7 Communication from Central California Communications
'
Corporation requesting Council consideration of an increase in
rates, to be effective August I, 1974, if approved This com-
munication was referred to City staff for investigation
C -8 Communication from Gerald E Crum, Karleskint -Crum,
Inc , requesting zoning change from Fire Zone One to Fire Zone
Two in order to construct proposed new nursery and flower shop
was referred to the Fire Department for recommendation
C -9 The memorandum from R A Paul, Water Department
Director, regarding Progress Report Ordinance No 568 (1972
Series) was ordered received and filed
C -10 Memorandum from A J Shaw, City Attorney, regarding
status of Account No 207 3, City Attorney Materials and Sup-
plies and requesting increase in 1973/74 budget was deleted from
the agenda as the matter was included in budget adjustment reso-
lution adopted on May 17, 1974 (No 2607)
C -II Communication from Elizabeth H Web re, Chairperson,
ECOSLO, requesting Council support of agreement between ECOSLO
and San Luis Obispo Garbage Company was supported by the City
Council
'
C -12 Memorandum from 'rFl_ory,, Di_recJo`r of =P arks )
Recreation, regarding st'ck
approval of exFe_nded leave for Les
-and
T`a'n`cre`, was approved—, `
C -13 Memorandum from R A Paul, Water Department Director
regarding Temporary Encroachment Permit -- Cross Town Feeder
Pipeline Construction The Water Department Director was authorized
to sign encroachment permit
C -14 The following salary step increases were approved
effective June I, 1974
John B Carson - Fireman
From Step 2 or $816 to Step 3 or $860
William M Freeman - Groundskeeper
From Step 2 or $652 to Step 3 or $690
Josef S Hazouri - Police Officer
From Setp 2 or $860 to Step 3 or $910
Bradd D Hopkins - Fireman
From Step I or $772 to Step 2 or $816
Ernest R Maldonado - Maintenance Man 11
From Step 2 or $670 to Step 3 or $712
Joseph PIuneda, Jr - Utility Plant Operator I
From Step 4 or $750 to Step 5 or $794
City Council Minutes
May 20, 1974
Page '14
_ -_ Dean L Treanor - Police Officer
From Step 4 or $960 to Step 5 or $1,012
Robert S Vessely - Civil Engineer Asst I ,
From Step 2 or $910 to Step 3 or $960
C -15 Claim against the City of San Luis Obispo from
Mrs Robert Warden, 1908 Corralitos, San Luis Obispo, for damage
to pipes and flooding she felt was caused when a City crew
was cleaning sewer line on Corralitos was denied and the claim
was referred to the insurance carrier
C -16 The City Council considered three GRANT 'DEEDS
from Karl and Julia C Kundert for Storm drain easement, sanitary
sewer easement and water line easement These three GRANT DEEDS
were accepted and the Mayor was authorized to accept and record
them
C -17 The City Council considered GRANT DEEDS from Garden
Homes, Ltd for water and storm drain easements These GRANT
DEEDS were accepted and the Mayor was authorized to accept and
record them
C -I8
Communication from
Department of Transportation re-
gardino the
safetv screen fence
on the Santa Rosa Street structure
over Route
101 the City Clerk
was directed to write a letter of
appreciation
to the Department
of Transportation
B -I
City Clerk reported
the following bids received for
1
POLICE FACILITY
CARPORT EXTENSION,
City Plan No 28_ -74 Bids
opened May
15, 1974 at 2 00 P M
Estimate $10,000
BIDS RECEIVED
WALTER BROS CONST CO
$12,650 00
On motion of Councilman Gurnee, seconded by Councilman Graham the
bid of Walter Bros Construction Company, $12,650 be accepted
On motion of Councilman Gurnee, seconded by Councilman Graham the
meeting adjourned to 12 10 P M Friday, May 24, 1974, with items
12, 13, 14, 15, 16, the French Hospital Grading Permit and the
Campaign Signs to be placed on the agenda
Motion carried, all ayes, Brown absent
APPROVED August 19, 1974
f�
I' r PATRICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
FRIDAY, MAY 24, 1974 - 12 10 P M
CONFERENCE ROOM, CITY HALL
Pledge
Roll Call
Present Councilmen John C Brown, T Keith Gurnee, Jesse E
Norris, and Mayor Kenneth E Schwartz
Absent Councilman Myron Graham
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, David Williamson, Assistant Administrative Officer,
E L Rodgers, Police Chief, D F Romero, City Engineer,
Robert Strong, Building and Planning Director
I On motion of Councilman Brown, seconded by Councilman Norris,
the following resolution was introduced RESOLUTION NO 2608, a resolu-
tion increasing the 1973/74 budget (Account No 12, Capital Outlay -
Planning Consultant Account No 851 4, Sewer - Collection System Motor
Vehicle )
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Norris, Gurnee, and Mayor Schwartz
NOES None
ABSENT Councilman Graham
2 Report by Robert Strong, Planning Director, regarding plan
check procedures recently initiated in the Planning and Building Department
in an attempt to alleviate delays in plan checking for building permit ao-
Droval R Strong staied that he was experimenting with a temporary ro-
tation system of the four building inspectors which relieved the Chief Build-
ing Inspector of routine public inquiries at the department counter, allowing
the Chief Building Inspector to catch up on the back log of plan checks
After this was achieved, possibly by the end of May, the Chief Building
Inspector would be asked to refine the procedures and deveIoD a checklist
for typical types of plan checks, to enable delegation of routine duties to
subordinate inspectors One of the problems in delays in approval of plan
checks was the inter- departmental referrals to the Engineering, Water and
Fire Departments The Assistant Administrative Officer was attempting to
work up an interdepartment Community Development program to correct this
Droblem The matter was ordered received and filed
3 Memorandum from Robert Strong,- iPlanning Director, reporting
on Campaign Sign enforcement requested by Councilman Jesse Norris' memorandum
of May 20, 1974, in which the Councilman felt that an arbitrary approach to
controlling temporary signs on private properry was wrong and ineffective
He felt that the method in which the City was Droceeding to correct alleged
violations was not correct and that the property owners were the ones who
were responsible for placing signs on their property
Mr Strong stated that although sign control and particularly temporary
campaign signs had been a difficult enforcement problem in the past and
remained so presently, it would be arbitrary not to encourage compliance
and if necessary enforce all Drovisions WithoOt an in -depth review, he
could not respond to whether or not, or why, the requirements have been
City Council Minutes
May 24, 1974
Page 2
enforced in the past, but in his opinion, in order to be effective, the
regulations of the City must be exDlained to those affected and then en-
forced to obtain compliance He felt that if the regulations were "wrong
and ineffective" they should be amended or repealed, but interpretation a
and enforcement should continue to be consistent and persistent, if it
were to be equitable
He then reviewed the zoning and sign regulations relative to signs which
could be placed in various districts, definitions, and locations of tem-
porary signs, etc
Councilman Graham arrived at the meeting at this time, 12 15 P M
12 Continued from the meeting of May 20, 1974 Memorandum from
D F Romero, City Engineer, requesting Council approval of two actions
taken by the Waterways Planning Board
Tropicana Footb.-i dge
2 Sewer service to Hazard Mobile Home Park
On May 8, 1974 the Waterways Planning Board took the final action and re-
commendation to the City Council The Waterways Planning Board does
hereby recommend that the bottom of the easterly end of the footbridge at
Tropicana be brought to a level even with the top of the easterly bank
The motion was adopted and unanimously carried by the members of the
Waterways Planning Board
Jim Stewart representing Tropicana Village ob,lecTed to both the recom-
mendations of the City Engineer for a 2 8 foot higher elevation for the
bridge and the Waterways Board recommendation for a 3 5 foot elevation
for the bridge He objected on Tne basis that to elevate the bridge
either 2 8 feet or 3 5 feet would require great expense and little benefit
to flood control He offered to raise the bridge by 2 feet which he felt
riould be adequate and would protect the structural integrity of the bridge
and also give more clearance to creek flow He also reminded the City
Council that this bridge located and constructed in its present location
was approved and accepted by the City of San Luis Obispo
The City Council discussed with the City Engineer and with Jim Stewart of
Tropicana the recommendation of the Waterways Planning Board and the basis
for the recommendation
On motion of Councilman Brown, seconded by Councilman Gurnee that the City
Council support the recommendation of the Waterways Planning Board and re-
commend that the bridge at Tropicana be lifted 3 5 feet at the easterly end
to be broughT to a level which places the bottom of the web even with the
too of the easterly bank Motion carried, all ayes, Councilman Graham
voting no
On May 8, 1974 the Waterways Planning Board made the following recommen-
dation to the City Council, unanimously carried, that the 1aterways Plan-
ning Board hereby recommended that the City Council consider a sewer ser-
vice across San Luis Creek at the Hazard Mobile Home Park as a hazard and A
set the matter for abatement hearings
D F Romero, City Engineer, reviewed the problems at this particular lo-
cation
On motion of Councilman Brown, seconded by Mayor Schwartz that the public
hearing be set for sometime in July for an abatement of the sewer line on
the Hazard property Motion carried, all ayes
City Council Minutes
May 24, 1974
Page 3
13 8 16 Memorandum from D F Romero, City Engineer, regarding in-
stallation of Traffic signals and highway lighting at the intersection of
Madonna Road and the north -bound off -ramps from State Highway 101 as pro-
Dosed by the State, and too, Council consideration of amending the Annual
Transportation Claim (additional funds having been made available to the
City -- $56,502)
D F Romero, City Engineer, reported fhaf at the intersection of Madonna
Road and the north -bound off -ramp from Highway 101 in the last three and
a half year period there were 25 motor vehicle accidents, 18 of which
he felt could have been prevented by the installation of traffic signals
He stated this was a most hazardous intersection Recognizing this the
State Transportation Department immediately prepared plans and were pre-
pared to go to bid if the City indicated the willingness to bear its
share of the cost The City Engineer stated that the City's share would
not exceed $27,000 and he had a cooperative agreement with the State of
California to cover this matter
Memorandum from the City Engineer stating that having been notified by the
San Luis Obispo County and Cities area Planning Coordinating Council that
there would be an additional $56,502 available to the City in their
transportation claim and the City Engineer recommended that Alternate A
for the proposed expenditure of the funds if the Council felt that the
signalization project above was of sufficient priority to proceed and
then also complete the remaining six streets of the ten streets included
in the local street Priority No 7, or if the Council felt that the sig-
nalization was not of sufficient priority, then alternate B could be con-
sidered, which sould be to complete the remaining six streets of the ten
streets in local street Priority No 7, and complete the five streets included
in the local Priority List No 8
The City Council questioned the City staff on what the responsibility was
of the City being required to participate in the signalization of an inter-
section when the traffic was coming off a state highway owned and controlled
by the State Transportation Department, and they did not see why they should
have to pay any portion of that improvement, and would like to know why
The City Council then asked the City staff to try to dig out the historical
data and reasoning why the City had any responsibility at this intersection
On motion of Councilman Graham, seconded by Councilman Brown that Alternate
A which would be to complete the remaining six streets of the ten streets
included in the local street priority program, and financing the City's
share of U S 101 north -bound off -ramp signal at Madonna Road be included
in the amendment to annual transportation claim RESOLUTION NO 2609, a
resolution of the Council of the City of San Luis Obispo revision the City's
1974/75 Annual Transportation Claim against the local transportation fund
of the County of San Luis Obispo
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
May 24, 1974
Page 4
14, Presentation by the City Engineer of plans and specifications
for Citv Recreation Center Addition, City Plan No 27 -74 Engineer's es-
timate $14,000 He then presented the plans showing the scope of the work
to be accomplished under this contract
On motion of Councilman Graham, seconded by Councilman Brown the plans
and specifications were approved and the City Engineer was authorized
to call for bids Motion carried
15 City Engineer presented plans and specifications for retain-
ing wass construction and drainage protection work in Mission Plaza, City
Plan No 21 -74 The engineer's estimate $44,000
The City Engineer presented the plans showing the scope of the work to
be accomplished to be done under this contract and the extent and type
of improvement to be made in the plaza
On motion of Councilman Gurnee, seconded by Mayor Schwartz the plans and
specifications were approved and the City Engineer was authorized to call
for bids Motion carried
A D F Romero, City Engineer, presented a report to the City
Council stating he had received a request from the Central Coast Lab-
oratories for issuance of a grading permit on the French Hospital and
Clinic Property Due to the controversy on previous permits on this
parcel, he was submitting construction plans and typical cross - section
for Council review He continued that the applicant oroposed to olace
approximately 4,000 cubic yards of material in an embankment area souther-
ly or the existing parking lot The material will be obtained from grad-
ing necessary°to develop the parking lot near the clinic and from the
excavation for the clinic basement A great deal of this material was
already stockpiled on the property
The City Engineer stated that the final placement in the embankment area
would Drovide for a smooth transition at Ella Street or easterly limit of
the rill, with the main part of the embankment being brought to substanTially
the grade of the present parking lot, and with 2 1 slopes along the westerly
edge of the fill The existing banks slope from the parking lot would be
shifted approximately 60 feet westerly of their present location The fill
will be placed over an existing corrugated metal pipe storm drain and would
not interfere with drainage in any way The fill would also be placed
across undeveloped portions of George Street and Iris Street rights -of-
way, however, the City has no plans for utilization of these undeveloped
stubs
The applicant proposed to plant native grasses on the finished slopes
The maximum bank created by the slope will be approximately six feet
high For this reason and due to the quantity of fill material, the ap-
plicant had submitted these plans to the Planning Commission for an environ-
mental impact determination at its meeting of May 21, 1974
David Williamson, Assistant Administrative Officer, stated that the Planning
Commission had considered this at their meeting and determined that an en-
vironmental impact report was not required
On motion of Mayor Schwartz, seconded by Councilman Graham the City
Council approved the issuance of the grading oermit on the basis that
the Planning Commission felt there was no environmental impace problem,
but they asked that the slope banks be landscaped in cooperation with
the City staff, witn the tops of the banks to be developed with schrubs
and the bottom with some type of ground cover Motion carried, Gurnee
voting no
City Council Minutes
May 24, 1974
Page 5
B The City Council again undertook discussion of the complaint,-6f
Councilman Norris regarding enforcement by the City of Campaign Siqns on
private property
Councilman Norris felt that temporary election campaign signs should be
excluded from the sign ordinance, and should not be enforced because
this is a way for the average person to show his support for individuals
running for political office He felt this should be considered an ex-
emot temporary sign and as the election campaign was normally of such
short duration no one really could be offended by their presence
Mayor Schwartz stated that he disagreed with the request from Coun_ci_Iman
Norris as he felt the sign ordinance was attempting to clear up the com-
munity from the deluge of signs on private property placed without permit
which he felt gave the City a very tacky, dirty look
On motion of Mayor Schwartz, seconded by Councilman Gurnee, the staff was
instructed to continue to enforce the existing ordinance unless the ordinance
was amended (at Council instigation) Motion carried with Councilman
Norris voting no
C Progress report on the request of Kathy Scala for clean -up
of the City operation at the north end of Pismo Street was continued to
the City Council meeting of June 3, 1974
D At this time the City Council again discussed what action, if
any, the City Council should take in the matter of Measure B on the
June 4th primary ballot which was the tax rate provisions for Zone 9
of the San Luis Obispo County Flood Control and Water Conservation District
Councilman Brown, representative of the City Council to the Advisory Board
for Zone 9, felt that the proposed Zone 9 was the only vehicle now available
to the City and its citizens to do anything in relation to flood control
He felt the advisory board was doing a g--),)d Job with representatives from
both the City and the County areas working together to try to arrive at a
fair program for future implementation of flood control projects He urged
the City Council to endorse the measure on the June ballot as he felt it
was the,only way to go for the City and County in the water sheds of San
Luis Obispo Creek and its tributaries While he realized that this measure
would not give sufficient funds to actually do any projects, he felt that
the studies had been discussed and he felt that they were needed and should
be accomplished
The City Council discussed with Clint Milne, the Assistant County Engineer,
various plans and programs envisioned by the Flood Control District Ad-
visory Board and the Board of Supervisors for Zone 9 flood control projects
and studies
Councilman Gurnee stated that he was opposed to Zone 9 and to the tax
rate measure as he felt the City was being taxed without representation
as three supervisors who were opposed to the City plans to attempt to
correct flood control problems in this watershed do not even live in this
area and yet they would have the right to veto and have vetoed past plans
He also felt that the Zone 9 approach through Measure B was too little,
too late, and not enough funds to really accomplish anything for the
next four or five years He was also opposed to adding to the property
City Council Minutes
May 24, 1974
Page 6
tax rate for flood control expenditures when the Board of Supervisors
was sitting on a tremendous amount of funds from the Federal Government
which have not been allocated or even planned to be spent by them
Finally, if Measure B passed, he warned his fellow Councilmen that he
would attempt to revise the City tax rate by lowering it 8¢ per $100
evaluation so that the City tax payers would not be hit twice for the
same purpose He recommended that the City Council opposed the issue
not because he was against flood control but because he did not feel
the projects as envisioned would help the City of San Luis Obispo
On motion of Councilman Brown, seconded by Councilman Norris, that the
City Council endorse Measure B, Tax increase on the June 4, 1974, pri-
mary ballot to raise taxes to pay for Zone 9 studies and operation
Mayor Schwartz stated he would reluctantly support the motion as he
felt that the existing program as proposed by the Zone 9 Advisory
Board has been poorly devised and the results would be negligible,
but he felt it was the only vehicle available to do anything for flood
control within The San Luis Obispo Creek watershed Now that the Counry
had formed the district, there was noT much that the City government
could do
Motion carried on the following vote
AYES Brown, Norris and Schwartz
NOES Gurnee and Graham
On motion of Councilman Brown, seconded by Councilman Graham, the City
Council adjourned to 12 15 P M Tuesday, May 28, 1974 to continue
Council study of the 1974/75 CiTy budget Motion carried
APPROVED August 19, 1974 iyr7 <�
H PATRICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 28, 1974 - 12 15 P M
Conference Room, City Hall
Pledge
Roll Call
' Present John C Brown, Myron Graham, T Keith Gurnee,
and Mayor Kenneth E Schwartz
Absent Jesse Norris
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J- Shaw, Jr , City
Attorney
-------------------------------------------------------------------------
1 The City Council began their study of the 1974/75 City Budget
as prepared by the Administrative Officer starting with Page 86„ General
Fund Expenditures, thru Page 185 inclusive
2 The City Council adjourned to Executive Session
3 The meeting adjourned at 2 00 P M , to 12 15 P M , Wednesday,
May 29, 1974, on motion of Councilman Brown, seconded by Councilman
Graham Motion carried
1
APPROVED July 1, 1974
H IF�TLPATRICK, CITY CLERK
Pledge
Roll Call
City STaff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 29, 1974 - 12 15 P M
Conference Room, City Hall
Present John C Brown, Myron Graham
Absent T. Keith Gurnee, Jesse Norris and Mayor Kenneth E
Schwartz
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney
1 Due to lack of quorum, the City Councilmen present sat as a
Council Subcommittee and proceeded to continue to study the 1974/75 City
Budget as prepared by the Administrative Officer, starting with Page 186
thru Page 232, inclusive
Councilman Gurnee arrived at the meeting and took his place at 1 00 P M
The City Council then sat as Official Meeting with Vice -Mayor John Brown
presidting and continued to study the 1974/75 City Budget, beginning with
Page 233 thru Page 285, inclusive
2 On motion of Councilman Graham, seconded by Councilman Gurnee
the meeting adjourned at 2 00 P M to 12 15 P M , Friday, May 31, 1974
Motion carried
APPROVED July 1, 1974
H i PATRICK, CITY CLERK
F�
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 31, 1974 - 12 15 P M
Conference Room, City Hall
Pledge
Roll Call
Present
Absent
City Staff
Present
John C Brown, Myron Graham, T
and Jesse Norris
Mayor Kenneth E Schwartz
Keith Gurnee,
J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer
----------------- - - - - -- ----------------------------------------------
1. The City Council continued their study of the 1974/75 City
Budget, beginning with Page 286 thru Page 416, inclusive
2 The City Council adjourned to Executive Session
3 The meeting adjourned at 1 55 P M , on motion of Councilman
Gurnee, seconded by Councilman Graham
APPROVED July 1, 1974
�H ATRICK, CITY CLERK
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
MONDAY, JUNE 3, 1974 - 7 00 P M
COUNCIL CHAMBERS, CITY HALL
Pledge
' Roll Call
PRESENT John C Brown, Myron Graham, Jesse Norris, and
Mayor Kenneth E Schwartz
ABSENT T Keith Gurnee
City Staff
PRESENT J H Fitzpatrick, City Clerk, R D Miller, Adminis-
trative Officer, David Williamson, Assistant Admin-
istrative Officer; R A Paul, lister Department Direc-
tor, Sgt Chelquist, Police Department, Wayne Peter-
son, Assistant City Engineer, Lee Schlobohm, Fire
Chief, Robert Strong, Director of Planning & Building
7
1 At this time the City Council held a public hearing on the
Robert Strong continued that the City previously required one space for
each 1,500 square feet regardless of whether the use was small or large,
indoor or outdoor Although arbitrary and interim, until a more com-
prehensive re- evaluation of parking requirements had been accomplished
as a part of the regulatory system revisions, the above changes recom-
mended by the Planning Commission reflected prevalent standards of other
communities surveyed.
Mayor Schwartz declared the public hearing open
Charles Davis, property owner, appeared before the City Council objecting
to rejection of parking space area in the M zone It was his feeling
that no changes were warranted and that if anything, insufficient space
was now required for industrial properties if you took into account the
people working in the industrial area
Mayor Schwartz declared the public hearing closed
The City Council discussed the recommendation of the Planning Commission
with the Planning Director After discusskonr,Councilman Norris moved
that an ordinance be introduced to print embodying the c anges recom-
mended by the Planning Commission
recommendation of the Planning Commission to amend the zoning ordinance,
Section 9200
36 and 9200 34, to require one parking space per 1,000 square
feet for the
first 10,000 square feet and one space per 5,000 square feet
for the area
in excess of 10,000 square feet for various indoor and out-
door uses in
the C -H and M zones
Robert Strong,
Planning Director, presented the recommendation of the
Planning Commission for the above recommended parking changes It was
the feeling of the Planning Commission that there was no specific standard
required by other cities and that the City of San Luis Obispo parking
requirements
were not the most stringent, but that the City's parking
requirements
for this type of use seemed excessive The amendment recom-
mended would
provide sufficient parking a could be more equitable to n
property owners The Planning Commission recommended that the zoning
amendment be
adopted
Robert Strong continued that the City previously required one space for
each 1,500 square feet regardless of whether the use was small or large,
indoor or outdoor Although arbitrary and interim, until a more com-
prehensive re- evaluation of parking requirements had been accomplished
as a part of the regulatory system revisions, the above changes recom-
mended by the Planning Commission reflected prevalent standards of other
communities surveyed.
Mayor Schwartz declared the public hearing open
Charles Davis, property owner, appeared before the City Council objecting
to rejection of parking space area in the M zone It was his feeling
that no changes were warranted and that if anything, insufficient space
was now required for industrial properties if you took into account the
people working in the industrial area
Mayor Schwartz declared the public hearing closed
The City Council discussed the recommendation of the Planning Commission
with the Planning Director After discusskonr,Councilman Norris moved
that an ordinance be introduced to print embodying the c anges recom-
mended by the Planning Commission
I,
i
i
City Council Minutes
June 3, 1974
Page 2
Motion lost for lack of second
On motion of Councilman Graham, seconded by Councilman Brown that the mat-
ter bey returned to the Planning Commission for restudy of parking uses
in the C -H zone only and not in the M zone Motion carried
2 At this time the City Council held a public hearing on the
recommendation to rezone the area bounded by High, Beebee, South and
Higuera Streets from M to C -H
Robert Strong, Planning Director, presented the recommendation of the
Planning Commission for the City Council's information He stated that
the Planning Commission felt the subject property was located within
the area by High Street on the north, Beebee Street on the east, South
Street on the south and Higuera Street on the west The property was
developed with heavy commercial and neighborhood commercial uses, which
included a grocery store, restaurant, retail establishments, bus station,
outdoor storage, etc. Surrounding land uses included residential uses
on the east and heavy commercial uses on the north, west and south He
stated that the City was initiating the rezoning in conformance with the
General Plan to allow the establishment of additional heavy commercial
uses within the subject area Also the existing neighborhood- commer-
cial use within the area were not allowed uses in the M zone and there-
fore were nonconforming It was the Planning Commission's opinion that
this was a logical rezoning and was in accordance with the General Plan
recommendations
Mayor Schwartz declared the public hearing open
Ed Salas , appeared before the City Council objecting to the rezoning
only of that portion on the corner of Beebee and High Streets as he
had just recently purchased the property and hoped to develop it into a
residential use He hoped that the City Council could at this time
eliminate this proposed recommendation by the Planning Commission
ifayor Schwartz declared the public hearing closed
The Mayor explained to Mr Salas the steps that were necessary to go
through to rezone a niece of property from one use to another and sug-
gested that he contact the Planning Department if he wished to proceed
with the requested rezoning to residential use
On motion of Councilman Brown, seconded by Councilman Graham the following
ordinance was introduced ORDINANCE NO 616 (1974 Series), an ordinance
amending the official zone map of the City of San Luis Obispo
Passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Norris, and Mayor Schwartz
NOES None
ABSENT Councilman Gurnee
3 At this time the City Council considered the adoption of an
ordinance amending the City's ordinance for the regulation of contri-
butions and expenditures in Municipal Elections by deleting provisions
concerning solicitation agents and changing t e day for publication of
campaign statements These changes came about during the final hearing
and adoption of the original ordinance and changes were requested by the
City Council
r
City Council Minutes
June 3, 1974
Page 3
Mayor Schwartz declared the public hearing open
No one appeared for or against the ordinance
Mayor Schwartz declared the public hearing closed
On motion of Councilman Graham, seconded by Mayor Schwartz the following
ordinance was introduced ORDINANCE NO 617 (1974 Series), an ordinance
of the City of San Luis Obispo amending the Municipal Code and the City's
ordinance for the regulation of contributions and expenditures in Muni -
cipal elections by deleting the provisions concerning solicitation agents
and changing the day for publication of campaign statements
Passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES None
ABSENT T Keith Gurnee
4 At this time the City Council again considered the proposed in-
stallation of bicycle lanes on Los Osos Valley Road b een Madonna Road
and the northwesterly city limits and possibly restricted parking on the
west side of Madonna Road
This matter was continued from the meeting of March 4, 1974
D F Romero, City Engineer, sibmitted
proposals for handling bicycle paths
ley Road
a report and sketches showing two
on the westerly side of Los Osos Val-
Plan A would place the bike lane adjacent to the curb along Los Osos Valley
Road from the northwesterly city limits to Madonna Road with parking;pro-
hibited adjacent to the curb
Plan B would be _a proposal to allow parking along the curb at Los Osos
Valley Road and then adjacent to the parking lane a six foot bicycle lane
This would carry from the northwesterly city limits to Madonna Road
The City Council again reviewed the report on bike paths by John E
Williams and the amended report by Mr Williams of May 23, 1974 This
report recommended that Plan B as suggested by the City Engineer be adopted
Mayor Schwartz stated he again would like to present a combination of
A and B which would allow curb parking from Madonna Road northerly op-
posite the extension of Oceanaire Drive and that no curb parking be
allowed from Oceanaire Drive extended to the northwesterly city limits
He felt in this way both the property owners, who had developed property
and needed curb parking could be served and that the northwesterly end
of the street which did not need the parking could then allow the bikes
to travel adjacent to the curb
On motion of Councilman Brown, seconded by Mayor Schwartz the following
resolution was introduced RESOLUTION NO 2612 (1974 Series), a reso-
lution of the Council of the City of San Luis Obispo prohibiting parking
and establishing a bicycle lane on Los Osos Valley Road.
Passed and adopted on the following roll call vote, all ayes, Councilman
Gurnee absent
0
City Council Minutes
June 3, 1974
Page 4
5 Communication from D F Romero, City Engineer, reporting
to the City Council on the Water Quality Control Board requirements
adopted May 10, 1974, which required records for daily application of
chlorine which required at the Sewer Plant and also required that the
water supply be sampled for total nitrogen content and also required that
the City's monitoring program be reported monthly rather that quarterly
The City Engineer continued that the requirements adopted were more strin-
gent regarding cyanide, copper and zinc, than those of the earlier draft,
and included toxicity limits, complete dechlorination, and a reporting
of the toxicity, which were all at the request of the Fish and Game
Commission He concluded that in discussions with the local manager
of the Culligan Water Softener Service, that the adopted requirements
were so strict that there was a good possibility that not only would
home water softeners be prohibited, but commercial water softeners as
well If this were so, it would eliminate the choice of citizens in
obtaining soft water for their residences, and would make it impossible
for certain commercial establishments, such as laundries, to function
In any event, the City Engineer concluded that he had asked the consul-
tant John Jenk's comments regarding this part of the requirements and
also for a proposal for headworks bypass for consideration at the June
17 Council meeting
"Fred Hurst, representing Culligan ,Water Softener Service of Paso Robles,
reviewed for the City Council the implications of the Water Quality
Control Board requirements of controlling sodium in waste water dis-
charge He felt that if this requirement were in force there was a
good possibility that not only would all hame water softeners be pro-
hibited, but commercial water softeners as well In order to protect
their business interest he offered the services of his company in any
studies undertaken by the City in this area and that the full facilities
of the laboratory and their laboratory personnel would be available
to the City for testing, monitoring, etc
The Mayor thanked Mr Hurst for his offer, and stated that he was sure
that the City would be looking for help from the private sector
D F Romero, City Engineer, then submitted a proposal from Jenks and
Adamson to prepare and design recommendation in connection with the raw
sewage bypass at the sewage treatment plant in light of the requirements
established by the Regional Water Quality Control Board The total
cost of the services would not exceed $900
On motion of Councilman Graham, seconded by Councilman Brown that the
City accept the proposal of John Jenks, of Jenks and Adamson, and auth-
orize the Mayor to sign the agreement Motion carried
6 The City Council reconsidered the recommendation of the Mass
Transportation Committee dated May 10, 1974 considered and approved by the
City Council on May 20, 1974
Item No 9A of that report was a recommendation that bus routes be modi-
fied to provide better service to the community The matter for reconsid-
eration was requested by Councilman Norris as he wished the City Council
-to—reconsider the elimination of the high school from the bus route
D F Romero, City Engineer, reported that the recommendation of the Mass
Transit Committee was based on the fact that the bus route going towards
the high school easterly on Marsh Street to California Boulevard many
times was stopped becuase of the railroad trains being in the crossing
which necessitated the bus to take another route to get to the high school
area and it was felt that this caused scheduling problems, and further
there was not much business being made of the bus by the high school stu-
dents
0
City Council Minutes
June 3, 1974
Page 5
Councilman Norris again urged the City Council to route the bus to San
Luis Drive and California Boulevard in order to service the high school,
the Economic Opportunity Offices on Marsh Street, and the Nuss Pool
It was his feeling that the summertime that the buses would be used trans-
porting youngsters to the swimming program
i
On motion of Councilman Norris, seconded by Councilman Brown that the
City replace the loop to San Luis Drive and California Boulevard to
Johnson Avenue Motion carried, all ayes, Gurnee absent
7 D F. Romero, City Engineer , submitted a report to the City
Council on the action of the City Street Department Crews thatevaluated
behind the retaining wall at 1645 Encino Court as directed by the City
Council He submitted a sketch showing the dimensions of the retaining
wall as constructed
Dr Helmut Schleicher, 2640 E1 Cerrito Court, the complainer in this
instance, stated that he witnessed the exposing of the wall and footing
of the retaining wall at 1645 Encino Court, and he again stated that he
desagreed with the conclusions arrived at by the City Engineer and his
staff and he feels that
1 That the wall stands on uncompacted soil and rock fill,
2 There was not gravel fill behind the wall,
3 That the dimensions of the footing and the wall do not
conform to the standard which the City Engineer quoted
He then reviewed in detail the footing depth, the footing width, the
heights, etc He also stated he felt that the required reinforcing was
not present However, he stated that in order to save further concern
he asked the City Council the following
1 That the City Council gives him in writing that assurance
that the wall meets the specified standards and is there-
fore considered safe If he receives this from the City
he would accept such a certification of the structure
The City Engineer continued that the wall deviated from a City stand-
ard with a level backfill, in that the footing was one inch (111)
narrower than indicated by the standard, and that the depth of footing
tapers up to nine inches (9 ") at the outside edges rather than being
twelve inches (12 ") throughout the full length The placement of the
wall along the footing was approximately two inches (2 ") away from the
standard location The City Engineer stated that he felt all these
deviations were quite minor and did not create any significant problem
regarding the strength of the wall He reported that Paul Landell of
his office found considerable evidence of gravel along the back of the
wall, even though gravel was not required according to the City detail
He also stated that the engineers found material beneath the wall and in
'
the backfill to be very well compacted
He concluded that the field investigation that was carried,out again,
the contention of the Public Works Department, the contractor, and
the consulting engineers, that the wall at 1645 Encino Court was built
to City standards and was structurally safe He also stated that the
present owner of the property, George Gowgani, was extremely unhappy
at what he felt was harrassment by the City on the part of the neighbor
and he stated that he would not grant further permission for the City
or Mr Schleicher to enter the property and to annoy him further.
Dr Helmut Schleicher, 2640 E1 Cerrito Court, the complainer in this
instance, stated that he witnessed the exposing of the wall and footing
of the retaining wall at 1645 Encino Court, and he again stated that he
desagreed with the conclusions arrived at by the City Engineer and his
staff and he feels that
1 That the wall stands on uncompacted soil and rock fill,
2 There was not gravel fill behind the wall,
3 That the dimensions of the footing and the wall do not
conform to the standard which the City Engineer quoted
He then reviewed in detail the footing depth, the footing width, the
heights, etc He also stated he felt that the required reinforcing was
not present However, he stated that in order to save further concern
he asked the City Council the following
1 That the City Council gives him in writing that assurance
that the wall meets the specified standards and is there-
fore considered safe If he receives this from the City
he would accept such a certification of the structure
City Council Minutes
June 3, 1974
Page 6
On motion of Councilman Brown, seconded by Councilman Norris that
the City Council finds the retaining wall at 1645 Encino Court meets
the specified City standards and that upon recommendation of the City
Engineer that the wall is safe, the City accepts this recommendation
and so publicly notifies Mr Schleicher Motion carried, all ayes
The City Clerk was asked to send a copy of the minutes of the meeting
to Mr Schleicher for his records
8 D F Romero, City Engineer, presented for the Council's
consideration the Final Map and Subdivision Agreement for Tract 467,
Unit 2 , Garden Homes He stated that the final map meets the City's
requirements and is substantially complete and then listed the special
conditions of the subdivision as follows
1 The developer shall pay the City the sum of $1840 36 which
is the fair market value of 3/8 of an acre of land These funds
are to be used for future park development
2 The developer shall pay the City the sum of $13,244 00 (17 20
L_ acres @ $770 /acre) water acreage fees
3 The developer shall pay the City the sum of $1854 84 (87 units
@ $21 32 /unit) for a proportionate share of the excess capacity pro-
vided in the Howard Johnson and in the Laguna lift staitons and force
mains
4 The City will construct, by means of a competitively bid, pub-
licly administered contract, the earthwork, subgrade preparations, I
base and paving for widening of Higuera Street and the improve -
went of Los Osos_ Valley_Road _The developer will pay the cost of
subgrade preparation and_cyrh _eutter and sidewalk on Higuera Street,
and will pay those costs on Los Osos Valley Road assignable to local
street (36' roadway, T I of 5 5), with the City paying for base
and paving on Higuera Street and those costs on Los Osos Valley Road
assignable to the necessity to construct a major street The City
will reimburse the developer the amount of $642 00 for earthwork
and subgrade preparation on Los Osos Valley Road
5 The City agrees to permit street -type main entrances on Los
Osos Valley Road, and recognizes that the development will take
place in an areajshown as "flood prone" on the City General Plan,
which did not flood in the January 1973 storm
6 No building permit shall be issued for combustible construction
except as provided by Section 4 of Ordinance No 568 No permit for
occupancy of any structure shall be issued until an adequate water
system has been installed, is operative and approved by the City
A warning notification as specified in the Ordinance shall be placed
on the map
7 Off -site sewer, water and storm drainage easements shall be
offered to the City prior to occupancy of the first dwelling unit
8 Grading permit and retaining wall permit fees in the amount ,
of $496 00 shall be deposited with and treated as normal inspec-
tion fees
City Council Minutes
June 3, 1974
Page 7
9 For planning purposes, the City estimates that improvements
constructed by compepitive bids will be completed within 24 weeks j
after the contract is awarded, and City agrees to use due diligence
in seeking timely contract performance However, the parties re-
cognize that City cannot guarantee timely performance, and developer
agrees_that City shall not be responsible for any loss incurred by
him as a result of delays in contract completion Developer also
agrees to hold City harmless from all claims by third persons, pur-
chasers or tenants which are based upon delays in performance of the
publicly administered contracts
10 It is mutually agreed that the Developer's share of those por-
tions of the work to be publicly administered is estimated at $7190 00,
and that these funds will be deposited with the City If after the
contract is awarded for this work it is found that the amount deposited
exceeds the Developer's share, the City shall refund the surplus to
the Developer It is also mutually agreed that should these funds
prove insufficient, the Developer will provide additional funds as
deemed necessary by the City
11 It is mutually agreed that the Developer shall have the right
to reject any bid which is publicly administered which the Developer
feels will result in unreasonable hardship
12 The following paragraph is a part of this agreement and shall
be placed on the subdivision map"
Within Lots 88, 89, 90 and 91 of Tract 467, Unit 2, and within
other easements designated as "Public Utility Easements" on
the final recorded subdivision map of Tract 467, Unit 2, no
physical obstruction which would prohibit free access for op-
eration, maintenance and replacement of public utility facilities
shall be installed except as approved by the City. Use of
such lots and easements shall at all times be subject to the
paramount rights of the City for the purposes for which they
were originally reserved and if in the course of operation,
maintenance or restoration of existing public utility facilities
or construction of future facilities intended to serve directly
Tract 467, Unit 2, at becomes necessary for the City to remove
any private improvements, including street improvements and
landscaping, such removal shall be accomplished by the City
without responsibility for restoration or replacement of the
private improvements, provided the City will repair and replace
the public facilities removed and will backfill and compact
to base of paving or to ground level excavations made by the
City The provisions hereof shall be binding upon and shall
inure to the benefit of the successors of the parties hereto
Nothing shall be construed to give -the City rights, to use said
Lots 88, 89, 90 and 91 and Public Utility Easements shown on the
subdivision map of Tract 467, Unit 2, to serve any properties
not located within said Tract 467, Unit 2
The City Engineer stated that all the conditions had been approved by the
Planning Commission, Subdivision Review Board, and had been accepted by
the sub - developer except that now there was a question as to the amount
of contribution for future park development, item •1 of the special condi-
tions
The City Engineer continued that the item 1 shown at $1840 36 was on the
basis of the value of the property at the time the tentative map was sub-
mitted and approved by the City Council and is sorrequired by the sub-
division ordinance But, since that time, the Park and Recreation Com-
mission felt that condition 1 should be modified to the amount of $7,416 75
City Council Minutes
June 3, 1974
Page 8
which was the fair market value of 67 acres based on a fair market
value of today of $11,000 per acre He felt that this should be con-
sidered by the City Council He then presented a communication from
the Park and Recreation Commission explaining their feeling on the
park land dedication fees as suggested and as recommended amended by the
Park and Recreation Commission The further consideration of the matter
by the Park and Recreation Commission then reduced the amount of land which
was to be included as part of the dedication, which is now 3/8 of one
acre and that the fee based on the current market value should be
$4,125 00
Warren Dolezal, developer, objected to the City's attempt to tie the
final map approval with today's market value for park land dedication
rather than to the date of the tentative map which he felt was what the
City ordinance required He also felt that his budget for the tract
on the commitments made at the tentative map stage had been approved,
and that now he was being unfairly treated in that he must somewhere get
additional funds to make the deposit necessary to proceed with the tract
He felt that the City Council naturally had him over a barrel as he could
not abandon the subdivision over such a small amount of money when he
had so many hundreds of thousands tied up He did not feel that this
was fair treatment by the City of San Luis Obispo
Robert Strong, Planning Director, reviewed for the City Council the var-
ious City ordinances dealing with dedication of park land in subdivisions
particularly in planned developments when the subdivisions are being
done in phased units
Councilman Norris stated that it was his opinion that the City Council '
should stay with the City ordinance as adopted and that the park land
in lieu dedication fee should be established at the time of filing the
tentative map and not at today's values after the subdivision has been
rstarted ,
The City Council then discussed at length at which point in time did the
lieu fees come into effect, at the tentative map stage or at the final
map stage or development stage
Robert Strong again reviewed both ordinances and their implications on
this tentative development
Councilman Norris moved that the 3/8 acre value should be taken as of
the time of filing the tentative map which would require the filing of
the sum of $1840 36 Motion died for lack of a second
On motion of Councilman Graham, seconded by Councilman Brown that the
City Council accept the recommendation of the Park and Recreation Com-
mission for 3/8's acres of in lieu fee at $4,125 00 Motion carried,
all ayes, Councilman Gurnee absent
D.F Romero, City Engineer, then brought to the City Council's considera-
tion a special request by W Dolezal to allow permission to remove over
60,000 cubic yards of earth from Phase 2 of Garden Homes development, to
land lying westerly of Phase I and II and east of San Luis Creek
At the request of the City Council the City Engineer reviewed in detail
the grading plan of Phase 2 and the plan where the 60,000 cubic yards of
land would be deposited and ultimately compacted
City Council Minutes
June 3, 1974
Page 9
On motion of Councilman Brown seconded by Councilman Graham that the
City Council withhold approval of the final map and subdivision agree-
ment of Tract 467, Unit 2, pending revision of the grading plan of the
tentative map and determination by the Planning Commission of
implications on movement of surplus dirt from the site of Unit 2 to the
adjacent property
Motion carried, all ayes, Councilman Gurnee absent
9 25 P M Mayor Schwartz declared a recess
9 40 P.M The City Council reconvened, all members present, Councilman
Gurnee absent
9 Communication from the City Engineer forwarding a recommenda-
tion of the Waterways Planning Board that the request of James Renning
to construct a driveway decking over an enclosed drainage facility be
approved Since this involved construction over a City easement, ad-
ditional action on the Council's part was necessary
On motion of Councilman Brown, seconded by Councilman Graham that the
fecommendation of the Waterways Planning Board be approved and that James
Renning be allowed to construct driveway decking over the facility after
execution of an encroachment permit Motion carried all ayes, Council-
man Gurnee absent
10 Communication from the City Engineer stating that the Federal
Highway Act of 1973 would make available within the next three years for
' the use of the City of San Luis Obispo $420,000 for expenditures on high-
ways One of the requirements established by the Federal Government for
the use of these funds called for a cooperative process in determining
priorities Accordingly, the County staff was recommending that each
city in the County of San Luis Obispo adopt a resolution authorizing
this cooperative process He concluded that the area Planning Council
would consider these resolutions at its next meeting and he asked the
City Council to consider adoption of a resolution approving the coopera-
tive process for determining project priorities for Federal Aid Urban
Planning
On motion of Mayor Schwartz, seconded by Councilman Graham the following
resolution was introduced RESOLUTION NO. 2610, a resolution of the Council
of the City of San Luis Obispo requesting the State Department of Trans-
portation to approve a cooperative process for determining Federal Aid for
Urban System project priorities
Passed and adopted on the following roll call vote
AYES Schwartz, Graham, Brown, and Norris
NOES None
ABSENT Councilman Gurnee
' 11 Memorandum from Robert Strong, Planning Director, regarding
General Plan revision and related special services, which he felt would
be most appropriate and most economical if the City were to hire certain
individuals and limited technical assistance locally rather than hire
part -time technical staff in-the City He presented a recommendation
and proposal that Urban Resource Analysts be retained to perform a resi-
dential building study which would evaluate residential structures in
terms of land use type, building occupancy, building condition, building
City Council Minutes
June 3, 1974
Page 10
age, and building size They would also determine Architectural
style and significance, historic value, conversions of building use
and the relationship of each site to its neighbors The total cost
for the survey by URA would be $2,500
On motion of Councilman Graham, seconded by Councilman Brown that
the City Council accept the proposal of Urban Resources Analysts,
maximum fee)of $2,500, and that the Mayor be authorized to sign the
agreement Motion carried
C -1 through C -3 approved on motion of Councilman Norris, seconded
by Councilman Brown, all ayes, Gurnee absent
C -3 The following contract payments were approved for payment
R Burke Construction Est 112 $22,059 54
STREET RESURFACING PROJECT
City Plan No 35 -74
Conco General Engineering Est #3 3,'400 67
MEADOW PARK, PHASE III
City Plan No 22 -74
Karleskint -Crum, Inc Est 114 9,155 92
MEADOW PARK, PHASE III
City Plan 114 -74
Walter Bros Construction Est 111 2,745!00
ABATEMENT OF WATERWAYS
OBSTRUCTION
City Plan No 42 -74
Wilson Electric Est 111 3,152 70
LOS OSOS ROAD FLASHING
SIGNAL
City Plan No 24 -74
C -4 Petition from 125 residents from the Chorro Street area re-
questing that the City Council take immediate action to correct the
dangerous traffic hazard on Chorro Street
Mac Smith, 487 Chorro Street, spoke on behalf of those citizens signing
the petition urging the City Council to take whatever action they felt
was necessary to protect the residents of this street from the high speed
traffic, inadequate police protection and the fact that the residents
feel that the installation of stop signs would eliminate the use of Chorro
Street as a thoroughfare.
On motion of Councilman Norris, seconded by Councilman Brown that the
petition be referred to the Traffic Committee for analysis and recom-
mendation, and that representatives of the petitioners be asked to attend
the Traffic Committee meeting for discussion purposes Motion Carried
C -5 Communication from R A Paul, Water Department Director stating
that the request of Kathy Scala of protection from dust and debris coming
from the storage site for water pipeline ma- teria�nd temporary stock-
pile area for street resurfacing materials be cleaned up as it made a
disreputable mess in the area The Water Director stated that the City
was now atempting to contact the railroad company who owned the parcel
�I
City Council Minutes
June 3, 1974
Page 11
to see if it could be leased or at least a permission could be granted
for the City to improve the parcel with surfacing, fence screening and
landscaping. To date they had not heard from the railroad company
Mrs. Kathy Scala appeared before the Council and asked to give them some
relief from the City operated garbage dump at the end of Pismo Street
She stated this was quite a problem in the area and really was not very
pleasant for people who lived on the street
The matter was continued to June 17, 1974 Motion carried
Traffic Committee Items
TC -1 74 -6 -1T Recommendations regarding Public Works and Police
Department report on parking in the downtown area
Approved on the following roll call vote
AYES Schwartz, Brown, Norris
NOES Graham _
ABSENT Councilman Gurnee
On motion of Mayor Schwartz, seconded by Councilman Brown the following
resolution was introduced RESOLUTION NO 2616 (1974 Series), a resolu-
tion of the Council of the City of San Luis Obispo establishing metered
parking on portions of Morro Street and Osos Street, and directing that
' all City parking lots having a two -hour time limit be so posted;
Approved on the following roll call vote
AYES Schwartz, Brown, Norris and Graham
NOES None
ABSENT Councilman Gurnee
1
Convert meters on Broad between Marsh and
Pacific to ten hours
2
Convert meters on Marsh between Osos and
Santa Rosa to ten hours
3
Install two -hour meters on Morro Street be-
tween Mill and Palm
4
Install two -hour meters on Osos Street be-
tween Mill and Palm
'
5
Require contractors working on construciton
_
fobs to pay meters
6
Post all two -hour lots for two -hour parking
On motion of Mayor Schwartz,
seconded by Councilman Brown the following
resolution was introduced:
RESOLUTION NO 2615 (1974 Series), a resolu-
tion of the Council of the
City of San Luis Obispo converting parking
meter time limits on portions
of Broad Street and Marsh Street to ten -
hour time limits (Items 1
and 2)
Approved on the following roll call vote
AYES Schwartz, Brown, Norris
NOES Graham _
ABSENT Councilman Gurnee
On motion of Mayor Schwartz, seconded by Councilman Brown the following
resolution was introduced RESOLUTION NO 2616 (1974 Series), a resolu-
tion of the Council of the City of San Luis Obispo establishing metered
parking on portions of Morro Street and Osos Street, and directing that
' all City parking lots having a two -hour time limit be so posted;
Approved on the following roll call vote
AYES Schwartz, Brown, Norris and Graham
NOES None
ABSENT Councilman Gurnee
City Council Minutes
June 3, 1974
Page 12
On motion of Mayor Schwartz, seconded by Councilman Brown Item 5 was
denied approval on the following two to two vote
AYES Schwartz, Brown
NOES. Graham, Norris '
ABSENT Councilman Gurnee
TC -2 74 -6 -2T Recommend approval of John Williams recommenda-
tions for bikeways on Los Osos Valley Road south
of Madonna and extending to Lower Higuera
On motion of Councilman Norris, seconded by Councilman Brown the following
resolution was introduced RESOLUTION:NO 2613, (1974 Series), a reso-
lution of the Council of the City of San Luis Obispo accepting the report
of John Williams, regarding Bikeways on Los Osos Valley Road between
Higuera Street and Madonna Road
Approved on the following roll call vote, all ayes, Councilman Gurnee
absent
TC -3 74- 6 -3T•� Traffic Committee recommends approving of additional
bus stop locations
TC -4 74 -6 -4T
Recommend
two -car length loading zone in front of
the First
Baptist Church, 2075 Johnson Avenue
TC -5 74 -6 -5T
Committee
recommends 80 feet of white bus loading
zone on Ramond east of Polomar
'
TC -6 74 -6 -6T
Committee
recommends bike loading zone and red
space in
front of the Ark Two Coffee Shop
On motion of Councilman Norris, seconded by Councilman Brown Traffic
Committee Items TC -2, TC -3, TC -4, TC -5 and TC -6 were approved as in-
troduced in the following resolution RESOLUTION NO 2614 (1974 Series),
a resolution of the Council of the City of San Luis Obispo establishing
bus loading zones at various locations, establishing a passenger loading
zone on Johnson Avenue, eliminating a bus loading zone on Osos Street,
and eliminating parking on Monterey Street for the purpose of providing
a bike rack
Passed and adopted on the following roll call vote
AYES Norris, Brown, Graham, and Mayor Schwartz
NOES None
ABSENTa Councilman Gurnee
Communication from Or J E. Jorgensen requesting sick leave of over two
weeks be granted by the City of San Luis Obispo to J Knepple, Water
Department employee. '
On motion of Councilman Brown, seconded by Councilman Norris the sick
leave for J Knepple was approved
City Council Minutes
June 3, 1974
Page 13
The City Council authorized the advertisement of a public hearing
on Open Space for June 17, 1974
On motion of Councilman Norris, seconded by Councilman Graham the meeting
adjourned to 12 10 P M Tuesday, June 4, 1974 Motion carried, all ayes,
Gurnee absent.
APPROVED. August 19, 1974 5- ���� �
�F ;VflATRICK, CITY CLERK
1
Pledge
Roll Call
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
June 4, 1974 - 12 15 P M
Conference Room, City Hall
Present John C Brown, Myron Graham, T Keith Gurnee,
and Mayor Kenneth E Schwartz
Absent Jesse Norris
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer
1 The City Council continued their study of the proposed 1974/75
City Budget beginning with Page 417 thru Page 494 inclusive
2 The City Council adjourned to Executive Session
3 On motion of Councilman Graham, seconded by Councilman Gurnee
the City Council adjourned to 12 10 P M , Thursday, June 6, 1974 Motion
' carried
APPROVED July 1, 1974 15 �
H i_PATRICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
June 6, 1974 - 12 15 P M
Conference Room, City Hall
Pledge
Roll Call
Present John C Brown, Myron Graham, T Keith Gurnee, Jesse
Norris and Mayor Kenneth E Schwartz
Absent None
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer
-----------------------------------------------------------------------------
1 City Council adjourned to Executive Session at 12 15 P M
2 The City Council reconvened at 12 30 P M into regular session to
continue their study of the proposed 1974/75 City Budget starting with
Page 1 and 2 (Bed Tax Reserve), Page 3 thru Page 25 (Utility Tax) inclusive
3 The City Council considered and took action on the following
legislation pending before the State Senate and Assembly
A On moTion
of Councilman Brown, seconded
by Councilman Graham
that the
City of San Luis Obispo oppose
SB 2177 (Moscone)
Brown Act
- ExeCUTIve Sessions limited
Motion carried
B On motion
of Mayor Schwartz, seconded by
Councilman Norris that
'
the City
Council of the City of San Luis
Obispo oppose AB 3745
(Arnett)
Business License Taxes Substantially
restricted
Motion carried
(Marler) Workmen's Compensation, Presumption Limitation, Reversal
'
C On motion of Mayor Schwartz, seconded by Councilman Norris
that the City Council of the CiTy ofi San Luis Obispo oppose
SB 1786 (Zenovich) Business Licenses Prohibited Motion carried
D On motion of Councilman Brown, seconded by Councilman Graham
That the City Council support AB 3924 (Bill Greene, Etal ) the
so- called "Tipplers Tax Act " MOTIon carried, Councilman
Gurnee voting no
E On motion of Councilman Norris, seconded by Councilman Brown
that the Council of the City of San Luis Obispo oppose action
on ACA 103 (Berman) an act to prohibit charter cities to require
employees to be residents of the City Motion carried
F On motion of Councilman Graham, seconded by Councilman Brown that
the Council of the City of San Luis Obispo support SB 2133, the
Leagues Employers - Employees Relations Program Motion carried
G On motion of Mayor Schwartz, seconded by Councilman Brown that
the City Council of the City of San Luis Obispo support SB 2046
(Marler) Workmen's Compensation, Presumption Limitation, Reversal
'
of the Soby Decision Motion carried
4 On motion of Councilman Brown, seconded by Councilman Graham the
meeting adjourned at 1 35 P M to 12 15 P M , Friday, June 7, 1974
APPROVED July 1, 1974
H ATRICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
June 7, 1974 - 12 15 P M
Conference Room, City Hall
Pledge
Roll Call.,
City Staff
Present John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Mayor Kenneth E Schwartz
Absent None
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney
-----------------------------------------------------------------
The City Council adjourned to Executive Session at 12 15 P.M
2 RD Miller, Administrative Officer presented for the Council's
consideration a memorandum of agreement with the miscellaneous employees
for wages and working conditions for the fiscal year 1974/75. This agree-
ment was arrived at through the meet- and - confer process between the
Employees Association and the management team
After detailed review of the memorandum of agreement by the City Council
with explanation of its implications by the Administrative Officer, it was
moved by Councilman Gurnee, seconded by Councilman Brown that the City
ratify the memorandum of understanding as agreed to by the City Employees
Association and the City management team for 1974 /75 Motion carried
unanimously
3 The City Council continued their study of the 1974/75 City
Budget, beginning with Page 26 (Utility Tax) to Page 64 (Utility Tax)
Councilman Norris left the meeting at 1 05 P M The City Council continued
their review of the 74/75 budget from Page 65 (Revenue Sharing) to
Page 84 (Capital Outlay), inclusive
4 On motion of Councilman Gurnee, seconded by Councilman Graham
the meeting adjourned at 1 55 P M , to 7 30 P M Monday, June 10, 1974
Motion carried
APPROVED August 5, 1974 -12 -
FITZPATRICK, CITY CLERK
1
Pledge
Roll Call
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
JUNE 10, 1974 - 7 30 P M
COUNCIL CHAMBERS, CITY HALL
PRESENT Myron Graham, T Keith Gurnee, Jesse Norris and
Mayor Kenneth E Schwartz
ABSENT John C Brown
PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, David Williamson, Assistant Administrative Officer,
E.L Rodgers, Police Chief, A J Shaw, Jr , City Attorney
2 Jim Shari), Assistant Administrative Officer for the County of San Luis
Obispo explained to the City Council the proposed animal control program to be
conducted by the County of San Luis Obispo starting July 1, 1974 He stated
that the County was moving ahead with an animal control program which would
include patrol, enforcement, and a neutering clinic He stated that the County
program was being prepared with the possibility of contracting with the cities
for Joint operation of the shelter and animal control program Also, the County
was proposing the possibility of a Joint- powers agreement with the Board of
Supervisors being the governing body for all animal control within the County
including the cities who are in the agreement The advantage would be that the
County would handle the complete animal control program, including the collection
of all fees for dog licenses, for redemption and in the neutering program He
also felt that the Supervisors were attempting to have the program be self -
supporting with only a small amount of funds ultimately to be made up by these
participating agencies He stated that the ultimate cost would be determined
by a strict cost - accounting system which would require the local agencies to
pay only their actual share of animal control by a per - animal unit rather than
on a population basis
The City Council discussed several points with Mr Sharp and concluded that they
were looking forward to the formal presentation of contracts for inclusion of
cities within the animal control program
3. The City Council considered a communication from the Promotional
Coordinating Committee recommending that the City Council `allocate $150 from
Promotional Committee funds to be granted to the Old Fashioned Fourth of July_
celebration in order to help defray the cost of two bands that would be supplied
for the celebration, one band for modern dancing and one for senior citizens'
dancing
On motion of Councilman Graham, seconded by Councilman Norris that the request
of the Promotional Coordinating Committee be approved and $150 be granted from
Promotional Committee funds Motion carried, all councilmen present voting aye
4. A staff report on the Edna Saddle Site Preparation, bids received
May 30, 1974 was continued to the regular Council meeting of June 17, 1974, as
-+ the staff report had not been completed
5 R D Miller, Administrative Officer, reported to the City Council that
when the bids were opened for construction of the underground utilities in
Underground Utility District n7, that there had been approximately a 17 percent
increase in the total bill, which meant that the City's share for the fire lines
rose from $6,550 to $7,440.
Upon discussion with City staff members and representatives of the Pacific Gas
and Electric Company, it was felt that the buds were in order, had been properly
advertised, and that the City should proceed with the undergrounding
City Council MInUTes
June 10, 1974
Page 2
On motion of Councilman Graham, seconded by Councilman Norris that the City
Council authorize the issuance of a contract and accept the increased cost in
the City's share of the project Motion carried
6. Communication from the Housing Authority of the City of San Luis
Obispo signed by their Chairman, Lee F Osteyee, notifying the City Council
that the amount of $17,482 that the City of San Luis Obispo had agreed to
loan the Housing Authority for contract cost connected with the housing units
at 2929 Augusta Street due to the increased cost of construction after contract
awards may now be needed by the Housing Authority as their attempts in the
past nine months in trying to acquire this money through the federal agencies
had not been successful The Housing Authority was sorry that they must
come back to the City Council asking for the funds, but they promised to
continue attempting to receive funds back from the HUD and repay The, City of
San Luis Obispo
On motion of Mayor Schwartz, seconded by Councilman Graham the following
resolution was introduced Resolution No 2611, a resolution increasing the
1973/74 budget (increasing Account 400 13, Utility Tax - Human Relations
Program by $17,482, as a grant to the Housing Authority,for a deficit on the
Augusta Street units)
Passed and adopted on the following roll call vote
AYES Mayor Schwartz, Councilmen Graham, Gurnee, and Norris
NOES None
ABSENT Councilman Brown
7 Communication from the Senior Citizens' Oroanization notifying the
City Council of the open house and dedication of the New Senior Citizens'
Center at Santa Rosa and Buchon Streets to be held at 1 00 P M on June 15,
1974
The communication was received and filed
8 R D Miller, Administrative Officer, requested Council permission to
go to bid to acquire a Police vehicle for the intelligence officer of the
Police Department as the grant has now been received from the State agencies
and the car can now be purchased He estimated the cost to be $3,600 00
On motion of Councilman Norris, seconded by Councilman Graham the Administrative
Officer was authorized to call for bids for one (1) civilian -type Police vehicle
Motion carried
9 At this time the City Council again reviewed the Capital Outlay
portions of the proposed 1974/75 budget to see which of the C I P items could
be rescheduled if necessary in order to acquire sufficient funds to complete
the Lower Higuera - Los Osos Valley water system
10 The City Council adjourned to Executive Session
11 The City Council adjourned at 10 30 P M to 12 15 P M Tuesday,
June 11, 1974 on motion of Councilman Graham, seconded by Councilman Norris
Motion carried
APPROVED August 5, 1974i�
h FITZPATRICK, CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
TUESDAY, JUNE 11, 1974 - 12 15 P.M
Conference Room, City Hall
Pledge
' Roll Call
Present Councilmen John C. Brown, Myron J Graham, T. Keith
Gurnee, Jesse E. Norris, Mayor Kenneth E Schwartz
Absent None
City Staff
Present J. H Fitzpatrick, City Clerk, R. D. Miller, City
Administrator, A. J. Shaw, Jr , City Attorney
1 The City Council continued their study of the proposed 1974/75
City budget
A Promotional Coordinating Committee
Lachlan MacDonald, Chairman, presented for the Council's consideration the
recommendation of the P C C for the fiscal year 1974175, advertising and
promotion program for the City He stated that the budget request was
based on the guidelines established by the City Council
' 20% of bed tax $36,786
2% of sales tax 25,383
15% of business license 18,792
$80,961
and was broken down as follows
1 Paid Media Advertising $23,500
2 Publications 3,500
3 Promotional Publicity 17,197
4. Events and Programs 34,194
5 Research 500
6. Reserves /Expenses 2,070
$80,961
Councilman Gurnee stated that he was opposed to the general theory of ex-
penditures of public funds for advertising and promotion He continued
he was opposed to advertising the City to areas distant to San Luis Obispo.
He felt that the City tax funds should be expended to better the life of
people living within the City and even the County
He also felt that the practice of granting funds to various events should
be changed and that the City should either purchase tickets to events or
buy a membership and give them out to citizens of the City through the
Senior Citizens, H R C,, Grass Roots, etc , in order to allow these
underprivileged to attend this cultural and entertainment activity He
'
also felt that more of the P.0 C funds should be put aside for develop-
ment of facilities.such as parks, tennis courts, swimming pools, cultural
centers, etc In this way the City would have something to advertise and
promote. He also felt that more promotional funds should be expended on
research of the effect of tourism on the economy of the City He was
also opposed to granting funds to promotion on a percentage basis He
City Council Minutes
June 11, 1974
Page 2
favored P C C formula No. 5 which allocated more funds to facilities
Lachlan MacDonald again reviewed for the City Council the various formulas
considered by the Promotional Coordinating Committee
Councilman Graham agreed that more P C.0 funds should be put into
reserves for construction of facilities
Councilman Norris stated that he was in support of the budget proposal
as submitted by the P.0 C. which he felt was a good, strong program for
the City of San Luis Obispo He concluded by stating that formula No 3
of the Promotional Coordinating Committee was the best for the City and
its citizens
Councilman Brown agreed that budget proposal No 3 of the P C.0 was a
good one and further that the 1974/75 budget proposal of the P C C was
well thought out and a good program for the City
Mayor Schwartz felt that the 1974/75 P C.0 budget request was a reasonable
request and the Committee should move ahead with its program. But he did
hope that the P.0 C would in the future move toward formula No 4 so
that a part of the promotional funds could be used for enhancement of
the community He would support the budget request of the P C C for
1974 /75
Mayor Schwartz felt that he agreed with the suggestion that tickets to
entertainment and cultural events supported by City tax funds should
be given out to minority groups, the poor, the young and the elderly
The City Council thanked Mr MacDonald, Chairman of the Promotional
Coordinating Committee, for his presentation and took the budget request
for advertising and promotion under consideration
B Human Relations Commission
Mrs Pat Barlow, Chairperson of the H R.0 , presented the 1974/75 budget
request for the Social Services function of the City as follows-
Travel and Meetings
$ 900
$ 900
Office Expenses
Utilities
2,525
Advertising
180
150
Communication
Director's Salary
500
Utilities
4,800
250
Rent
Travel
1,500
Professional and Contractual
Services
11,361
Travel and Expenses
1,050
Grants in Aid
Family Services
$ 1,500
Hotline
1,200
Grass Roots II
16,340
Middlehouse
6,210
Other
5,000
30,250
$48,486
Mrs Barlow upon question submitted the following budget request for
Grass Roots II
Office Rent
$ 900
Phone
720
Utilities
180
Supplies
180
Insurance
200
Director's Salary
7,800
Clerical Salary
4,800
SS and Unemployment
1,260
Travel
300
$16,340
u
fl
ii
City Council Minutes
June 11, 1974
Page 3
She concluded her presentation by stating that the $5,000 was a reserve
for other social service requests during the fiscal year, which would
be spent only upon approval of the Council
Councilman Graham agreed with Mr Gurnee's comments, and he also felt
very strongly that office space should be provided in City Hall for H R C.
and also adequate office space should be provided for Grass Roots II.
Councilman Norris stated that he was generally in support of H R C budget
request for 1974/75 for Hotline, Grass Roots II, Family Services, etc.
Councilman Brown felt that there seems to be some duplication in the
social services field For example, the H R C Coordinator and Grass
Roots Director are both reference persons in this area He also felt
that there could be duplication with other public social and welfare
agencies
Orloff Miller, Social Services Coordinator, submitted a lengthy report
on the roles and responsibilities of the Human Relations Commission and
its Coordinator within the City, its relationship to Grass Roots II
Director and staff, and the H.R C coordination with other social service
organizations
Mayor Schwartz stated that City government must assume its responsibility
' in the social service area, and he felt that the City Council would
continue to look to the H.R.C. for advice and guidance an the social
service field He suggested that the H.R C budget be rounded out at
$48,000, and also that the Middlehouse item be included in the "Other"
category.
The Mayor, on behalf of the City Council, thanked Mrs Barlow for her
budget presentation and then took the H R.0 budget under consideration
3. The City Council adjourned to Executive Session
4 On motion of Councilman Gurnee, seconded by Councilman Graham,
the meeting adjourned at 2 30 p m. to 12.15 Friday, June 14, 1974.
Approved Auqug t 5, 1974
'R Pitzpatrick
City Clerk
1
Councilman Gurnee
stated that he felt he could support the H.R C
budget
request, but felt
that some office space should be provided for
social
services at City
Hall. He was opposed to spending City funds to
support
'
Middlehouse as he
felt the funds should come from County Revenue
Sharing
funds.
Councilman Graham agreed with Mr Gurnee's comments, and he also felt
very strongly that office space should be provided in City Hall for H R C.
and also adequate office space should be provided for Grass Roots II.
Councilman Norris stated that he was generally in support of H R C budget
request for 1974/75 for Hotline, Grass Roots II, Family Services, etc.
Councilman Brown felt that there seems to be some duplication in the
social services field For example, the H R C Coordinator and Grass
Roots Director are both reference persons in this area He also felt
that there could be duplication with other public social and welfare
agencies
Orloff Miller, Social Services Coordinator, submitted a lengthy report
on the roles and responsibilities of the Human Relations Commission and
its Coordinator within the City, its relationship to Grass Roots II
Director and staff, and the H.R C coordination with other social service
organizations
Mayor Schwartz stated that City government must assume its responsibility
' in the social service area, and he felt that the City Council would
continue to look to the H.R.C. for advice and guidance an the social
service field He suggested that the H.R C budget be rounded out at
$48,000, and also that the Middlehouse item be included in the "Other"
category.
The Mayor, on behalf of the City Council, thanked Mrs Barlow for her
budget presentation and then took the H R.0 budget under consideration
3. The City Council adjourned to Executive Session
4 On motion of Councilman Gurnee, seconded by Councilman Graham,
the meeting adjourned at 2 30 p m. to 12.15 Friday, June 14, 1974.
Approved Auqug t 5, 1974
'R Pitzpatrick
City Clerk
1
Pledge
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
JUNE 14, 1974 - 12 15 P M
CONFERENCE ROOM, CITY HALL
PRESENT John C Brown, Myron Graham, T Keith Gurnee, Jesse
Norris and Mayor Kenneth E Schwartz
ABSENT None
PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, A J Shaw, Jr'; City Attorney
1 R D Miller, Administrative Officer, presented for the Council's
consideration the completed memorandum of understanding outlining salary and
fringe benefit package with the Firemen's Association, which had been signed
that mornino and was agreed to by both the representatives of the City and
with the employees representing the Firemen's Association
On motion of Councilman Brown, seconded by Councilman Graham that the City
Council accept and ratify the memorandum of understanding for 1974/75 between
the City of San Luis Obispo and the Firemen's Association Motion carried on
the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
2 R D Miller, Administrative Officer, requested Council permission to
advertise bids for polyethylene tubing for water mains and also adhesive Tape
for Joining polyethylene tubing He explained that the tubing was to be pulled
over the pipe being purchased for the Cross -town Feeder, which would add life
to the pipe and would help eliminate electrolysis and other damage
On motion of Councilman Gurnee, seconded by Councilman Graham the specifications
for the polyethylene tubing were approved and the City was authorized to call
for bids Motion carried, all ayes
3 R D Miller, Administrative Officer, brought to the Council's attention
items discussed during the preliminary budget study, particularly in the Park
and Recreation budget, which had not been settled by the City Council
ITEM 1
The placement of one picnic table andfour benches to be installed in
the Osos Park Triangle, and four picnic tables in Mitchell Park with
one barbecue pit at a cost of $954
ITEM 2
The rental of a dumpster for garbage disposal at Santa Rosa Park at
an annual cost of $144, and two chemical toilets for Meadow Park
until the new buildings can be built at an estimated cost of $890 40
On motion of Councilman Graham, seconded by Councilman Norris that these requests
be approved and that the 1974/75 budget be increased by the amounts stated
Motion carried
City Council Minutes
June 14, 1974
Page 2
4 The City Council then continued their discussion of the 1974/75
proposed City budget, particularly in the area of Capital Outlay expenditures
in the budget The City Council had previously gone over the budget on a
page -by -page basis for each department and now were considering changes in
the Capital Improvement Section
Councilman Gurnee suggested that the City Council speed -up the improvement
of item no 4 in the Capital Outlay Budget, defer items 7 and 11 for this _
year, move item no 26 into this year's budget, and defer the purchase of the '
Laguna Lake Golf Course for this year and attempt to get a one -year lease
until the City could have more time to study the proposal
Councilman Graham agreed with the speed up of item no 4 He also felt
item no 7 should be included, but he felt items i1B and 19 should be deferred
for 1974/75 and that item no 26 - Meadow Park buildings - should be included
in the 1974/75 budget He also felt that the Rockwell- Laguna Lake Golf
Course property should be deferred and that City staff attempt to get a lease
for one more year
Councilman Norris stated that he was in support of iTem no 7 for this year,
oppossed the purchase of the golf course, felt that item no 15B could be
deferred for 1974/75 He also hoped that the City Council could move item
no 34 - Civic 8 Fine Arts Building - higher in the priority listing
Councilman Brown felt that item no 20 could be deferred for 1974/75 and he
agreed to the moving of item no 26 - Meadow Park Building - into the 1974/75
budget
Mayor Schwartz felt that item nos 17, 7A, 11A, 118, 16, 17, 18, 12, 13, 14,
15A, and 15B should be included in the 74/75 budget, that item nos 6, 7B,
10, 19, 22, and 23 could be deferred for 1974/75, and that item nos 20 and
21 should be included in the 1974/75 budget
On motion of Councilman
Gurnee, seconded
by Councilman Graham that item no 26
- Community Building at
Meadow Park - be
moved ahead in the Capital Improve-
a
ment programing between
item nos 15 and
16, and that everything below item
no 16 be moved back to
make room for item no 26 Motion carried on the
following roll call vote
AYES Councilmen Gurnee, Graham, and Brown
NOES Councilman Norris and Mayor Schwartz
ABSENT None
On motion of Councilman Gurnee, seconded by Councilman Graham that the City
Council direct the staff to prepare a comprehensive schedule of the City Hall
remodeling and that the report be submitted to the City Council by August 1,
1974 Motion carried, all ayes with Councilman Norris voting no
5 The City Council then discussed the overall personnel levels and
staffing of the City departments as presented by the Administrative Officer
in the 1974/75 budget It was the general consensus that personnel as requested
in the Administrative Officer's budget would give the people of San Luis
Obispo a high level of service in the various City departments in operaton
Councilman Gurnee disagreed with the consensus stating he felt that additional
personnel should be included in the City Attorney's Office either on a full -
time or on a contract basis He felt that the City's enforcement program
should be included in the legal problems in the office He also felt that a
female police officer should be hired by the City, and finally that an
additional engineer should be hired in the Building Department to handle plan
checking as needed for building plans, grading plans, subdivisions, etc He
also felt the CITY Council should have iTS,own secretary to relieve other
departments of the extra work load
City Council Minutes
June 14, 1974
Page 3
After discussion, it was the consensus of the City Council that no additional
staffing be made in the City Attorney's Office at this time, but that if the
City Attorney felt that additional legal help were needed, he could go to
the Council and contract help would be provided It was also felt that prior
to adding additional personnel in the Police Department that the request should
come through normal channels for additional personnel
6 The City Council then adjourned to Executive Session
7 On motion of Councilman Brown, seconded by Councilman Gurnee the
meeting adjourned at 2 15 P M Motion carried
APPROVED August 5, 1974
FITZPATRICK, CITY CLERK
Pledge
_ Roll Call
' PRESENT
ABSENT
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, June 17, 1974 - 7 00 P M
City Hall
Councilmen Brown, Graham, Gurnee, Norris and
Mayor Schwartz
None
PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, A J Shaw, Jr , City Attorney, E L Rodgers, Police
Chief, L Schlobohm, Fire Chief, Robert Strong, Planning 8
Building Director, D F Romero, City Engineer
--------------------------------------------------------------------------- - - - - --
1 At this time the City Council had scheduled a public hearing on the
adoption of the 1974/75 budget for the City of San Luis Obispo Due to the
incompleteness of the budget at this time the matter was continued to 7 30 P M ,
June 24, 1974
Consent Items
C -1 Payment of claims against the City of San Luis Obispo for the month of
June, 1974, was authorized subject to approval by the Administrative Officer
C -2 The City Council considered an agreement for the City to participate in
the California Highway Patrol's Abandoned Vehicle Abatement Program for the
period July 1, 1974, through June 30, 1975 It was agreed that the Mayor be
authorized to sign the agreement on behalf of the City
On motion of Councilman Norris, seconded by Councilman Brown, the following
resolution was introduced RESOLUTION NO 2623, A Resolution of the Council
of the City of San Luis Obispo authorizing the City to participate in the 1974 -75
Abandoned Vehicle Abatement Program of the State of California
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
C -3 On motion of Councilman Norris, seconded by Councilman Brown, the
following resolution was introduced RESOLUTION NO 2617, A Resolution
Adjusting the 1973 -74 Budget
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
June 17, 1974
Page 2
C -4 On motion of Councilman Norris, seconded by Councilman Brown, the
following Resolution was introduced RESOLUTION NO 2624, A Resolution of
the Council of the City of San Luis Obispo revising the City's 1973 -74 Annual
Transportation Claim against the Local Transportation Fund of the County of
San Luis Obispo
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
C -5 On motion of Councilman Gurnee, seconded by Councilman Graham, that
the City Council reappoint Andrew Jones and Walter Rice as the City's
representatives to the advisory group to the Regional Transportation Citizens'
Advisory Committee Motion carried, all ayes
On motion of Councilman Norris,seconded by Councilman Brown, the following
consent items were approved as recommended
C -6 The request from Diane Daoust that the City Council enact an ordinance
prohibiting the use of electric fences within the City limits was referred to
staff for report
C -7 The communication from the Central Rehabilitation Clinic notifying
the City Council of the need for a special van with a wheelchair liftt to
serve handicapped children and adults was referred to the Human Relations
Commission for comment
C -8 The memorandum requesting sick leave in excess of one week for
Johnny Johns was approved
C -9 The memorandum from the Water Director requesting six weeks of sick
leave for Robert loppini was approved
C -10 R D Miller, Administrative Officer, announced the appointment of
Gene T Johnson, Senior Engineering Aide at Step 1 or $670 per month, effective
June 17, 1974, subject to one -year probationary period
TC -1 Recommendation from the Traffic Committee regarding public works and
and Police Department on parking in the downtown central business district
(5) Require contractors working on construction jobs to pay parking
meters
The Traffic Committee reviewed the recommendation which was continued from the
meeting of June 3, 1974
Councilman Graham suggested that contractors and utility companies buy a parking
permit which would allow them to park in metered zones at the curb while actually
engaged in contract work
Councilman Norris felt the City Council should continue the existing policy of '
allowing contractors and utility companies to park in meter spaces if a work
order was placed in the windshield of the service vehicle
Councilman Gurnee felt that everyone who parked in a metered space except
grand jury and court jury members in the area surrounding the Courthouse
should pay for parking privileges
R D Miller, Administrative Officer, suggested that the City either sell decals
for parking or allow the contractors to pay the parking meters when they parked
in the downtown area
City Council Minutes
June 17, 1974
Page 3
A J Shaw, Jr , City Attorney, stated there were no exemptions from parking
meter requirements in the Municipal Code It was his opinion that the City
Council should either see to it that the parking regulations were enforced or
actually prepare an exemption for the Police Department to follow
On motion of Councilman Gurnee, seconded by Councilman Brown, that the City
Council accept the recommendation of the Traffic Committee and require that
all persons using the downtown parking meter spaces pay for the privilege
either by paying the meter or by applying for a parking permit from the City
Councilman Norris felt that the contractors should either pay the meter or
buy an annual parking permit in the parking district He felt that in Justice
this should be worked out before the new regulations went into effect
Motion carried, all ayes
2 At this time the City Council held a public hearing on the planned
use report for Revenue Sharing Funds received by the City from the Federal
Government for the period July 1, 1974 through June 30, 1975 Planned use,.,
by the City would be for water system improvements, $408,847 OO,plus accrued
interest
Mayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the planned use of funds
Mayor Schwartz declared the public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Graham, that the City
Council approve, the planned use of Revenue Sharing Funds as proposed
Motion carried on the following roll call vote
AYES Councilmen Brown,-,,Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
3 At this time the City Council held a public hearing on the request of
the Police Officers' Association for Impasse Determination by the City Council
on time and one -half for overtime
(See Transcript, Court Reporter, dated June 17, 1974 - Exhibit "A ")
4 At this time the City Council held a public hearing on the amended Open
Space Plan for the City of San Luis Obispo
Robert Strong, Planning Director, submitted for the Council's consideration
the amended Open Space Plan and Element of the City's General Plan as prepared
by the City Planning Commission, reviewed by the City Council and referred
back to the Planning Commission for further hearing and amendment He stated
the document before the City Council this evening was the amended copy following
public hearings by the Planning Commission
Councilman Brown stated he had no comments at this time
Councilman Graham stated that he would go along with the Planning Commission
recommendation on the amended Open Space Plan He felt that it now met the
objections that he had to the original plan
Councilman Gurnee stated he reviewed with Mr. Strong the method used by the
Planning Commission in arriving at the recommended amended Open Space Plan
He did not feel that this plan met the requirements brought before the Council
at the last public hearing, and particularly did not feel that the Planning
Commission established proper zones for the protection of agricultural land as
he had proposed in the recommendations
City Council Minutes
June 17, 1974
Page 4
Robert Strong, Planning Director, stated that the Planning Commission studied
the amended plan on a page -by -page, paragraph -by- paragraph basis and that the
amended plan before the City Council was the consensus of the majority of
the members on each item
Ms Valerie Endres, Planning Commission Chairperson, stated that the Planning
Commission by consensus decided that it did not wish to recommend such a
strong statement as proposed in the prior plan by Councilman Gurnee, dealing
with the protection of farm lands within the community
Councilman Norris stated that he was in support of the Planning Commission's
revised Open Space Plan and would support the amended plan as submitted
Mayor Schwartz stated he was in support of the Planning Commission's amended
Open Space Plan, and felt that the goals shown on Page 15 outlined his
consideration on agricultural zones
Councilman Gurnee stated that he did not share the feelings of his fellow
councilmen or their confidence in the Planning Commission's Open Space Plan
He felt that the amended plan did not face the issues any better than the
original plan had He felt that it was Just the original plan of the
Planning Department, rewritten in better prose but was still as ineffective
as far as agricultural land protection was concerned He also felt that the
plan lacked any imagination and did not protect the land goals within the
community He felt the proposals were timid, the input was weak, and the
entire plan was stale and of no benefit to the City or to its citizens
Councilman Brown stated that he felt the Planning Commission plan was a
reasonable approach to a City Open Space Plan He felt that the implementing
elements of the plan would come in the precise plans of the City, which
would include future planning to protect agricultural land as annexed
Councilman Graham agreed with Robert Strong's statement that this was only
an interim plan until the consultants, KDG, brought in a new open space
plan with all the new considerations for protection of the open space
Mayor Schwartz declared the public hearing open --
R Barrows, 770 Meinecke Street, stated he was in support of any open space
plan which could meet the desires of the Planning Commission and the citizens
of the CiTy
Kathy Scala, Pismo Street, felt that in listening to the Council discussion,
she felt the plan needed some more study by Councilmen and staff
Mayor Schwartz declared the public hearing closed
On motion of Councilman Graham, seconded by Councilman Brown, the following
Resolution was introduced RESOLUTION NO 2618, A Resolution of the Council
of the City of San Luis Obispo adopting an pen Space Plan for the City's
General Plan
Passed and adopted on the following roll call voTe
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None ,
5 At this time the City Council considered the final passage of
ORDINANCE NO 616, An Ordinance amending the official zone map of the
City,of San Luis Obispo (rezoning area bounded by High, South, and
Higuera Streets from M to C -H)
Mayor Schwartz declared the public hearing open
No.one appeared before the City Council for or against the ordinance
Mayor Schwartz declared the public hearing closed
City Council Minutes
June 17, 1974
Page 5
On motion of Councilman Gurnee, seconded by Councilman Graham, the ordinance
was introduced for final passage on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
6 At this time the City Council considered the final passage of
ORDINANCE NO 617, An Ordinance of the City of San Luis Obispo amending the
Municipal Code and the City's ordinance for the regulation of contributions
and expenditures in Municipal Elections by deleting the provisions concerning
solicitation agents and changing the day for publication of campaign statements
or Schwartz declared the public hearing open
No one appeared before the City Council for or against amending the ordinance
Mayor Schwartz declared the public hearing closed
Councilman Brown stated he was still opposed to the adoption of this ordinance
He felt it was unnecessary and was an attempt to take many potential candidates
out of contention for City office He was opposed as he felt this represented
over - control
On motion of Councilman Gurnee, seconded by Councilman Graham, the ordinance
was introduced for final passageoon the following roll call vote
F' AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
7 D F Romero, City Engineer, submitted a report on behalf of the staff
dealing with the dumping of debris on the storage yard operated by the City
adjacent to the Scala property on Pismo Street
The City Engineer reported that the Public Works Department had installed a
"No-Dumping" sign on the property and had cleaned up the dump site He
continued that the City was now looking for a different location to deposit
street sweepings Meanwhile, they had relocated the dump site for the street
sweeper to the property further to the south near the Water Department rear
gate and beyond the Scala property He concluded that the City staff would
continue to exercise special care in seeing that all City operations were kept
as neat as possible
The report was ordered received and filed
8 Communication from theFFire'Chief recommending that Fire Zone II be
extended to incdwde the block bounded by Monterey, California Blvd , Palm
Street and the Southern Pacific Railroad right -of -way
' The Fire Chief stated that in order for improvements to be made in this
block by the property owners, Karleskint -Crum, that the Fire Zone change
would have to be made in order to provide the proper material for construction
On motion of Councilman Graham, seconded by Councilman Brown, the following
ordinance was introduced ORDINANCE NO 620, An Ordinance of the City of
San Luis Obispo revising and amending the Fire Zone Map
Passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
June 17, 1974
Page 6
9 The City Council again reviewed the staff report on the Edna Saddle
Reservoir Site Preparation bids which had been received May 30, 1974 This
consideration was continued from the Council meeting of June 10, 1974
See Exhibit "B"
R A Paul, Water Department Director, recommended that the City Council defer
action on awarding the bids or rejecting the bids, and allow the staff to c
contact the low bidder, Madonna Construction Company to see if some adjustment
in price could be made on the various items of the bid
R D Miller, Administrative Officer, reported to the City Council that he
had heard of a number of complaints from contractors who had been prepared
to bid on the project, but they said that due to poor preparation of the
specifications and the fact that addendums were going out up until the
last week, they felt they were unable to bid adequately
On motion of Councilman Gurnee, seconded by Councilman Brown, that the matter
be continued to the June 24, 1974, meeting and authorize the staff to negotiate
with Mr Madonna for adjustments in his minimum bid Motion carried unanimously
10 Proposed consideration byrthe City Council of a contract or agreement
with the County for animal control services for the fiscal year 1974/75 was
continued to the June 24, 1974 meeting as the County Administrative staff
had not yet prepared the necessary contract documents
11 At this time the City Council considered a request from Rita O'Sullivan
that the City Council guarantee a loan at the San Luis National Bank which
is being sought by Mrs O'Sullivan for the initiation of an educational
day -care program for elementary school age children of working mothers in the
City of San Luis Obispo She stated that payment would be made by the Welfare
Department to the mothers of children who would be attending the Center, but
that due to the payment schedule of the Welfare Department, these payments
would not be received for a period of four to six weeks Therefore, the
Center had applied for a loan to continue and to start their operation for
this period The bank was willing to grant the loan to Mrs O'Sullivan if
the City would be willing to guarantee such a loan by underwriting any loss
or non - payment and-,the City taxpayers would pick up the difference
Mrs O'Sullivan stated that the Center had been working closely and received
moral support from the Employment Development Department and Council, the
County Welfare Department, the County Schools Office, Headstart, the Career
Opportunity Development Office, and the Human Relations Commission She also
stated that all the people in the community with whom she had spoken had
emphasized the need for this type of program in the community, not only this
summer, but during the school year
She stated that with the hopes the Center would become a model for continuing
programs in the fall, that they had been working towards this program to
provide comprehensive day care for elementary school age children of working
parents She concluded her apoeal by stating that the Center was licensed
by the State Department of Social Welfare as a day care center They were
a division of the MandalaSSchool, Inc , a non - profit corporation, and for
this summer, they would be located at 761 Broad Street, San Luis Obispo She
urged the City Council to guarantee the loan
A J Shaw, Jr , City Attorney, stated that he had gone over this matter with '
the applicant, and stated he felt the City Council could probably find that
both a public purpose and a municipal purpose would be served by the operation
of a day care center by a pr,uvate person, and therefore, the approach of
getting a loan from the bank which was guaranteed by the City might be a more
legal way to go He concluded that it would be his recommendation that in
connection with any arrangement, that a detailed agreement be prepared setting
forth the proposed salaries of all persons involved in the operation of the
program, the expected expenses, and providing guarantees from the Welfare
Department as to the continued inspection and control of the program and payment
of funds therefor, and also that the City be protected from any tort liability
in connection with the operation of this program
BIDS RECEIVED FOR EDNA SADDLE RESERVOIR SITE PREPARATION, CITY PLAN W 73 -8
Bids open May 30, 1974
COMBINATION DESIGNATED ALTERNATE I
BID TOTAL ALTERNATE I & II - COMMON ITEMS
BID TOTAL ALTERNATE I ITEMS
BID TOTAL ALTERNATE I & II - COMMON ITEMS
PLUS ALTERNATE I ITEMS
COMBINATION DESIGNATED ALTERNATE
BID TOTAL ALTERNATE I & II - COMMON ITEMS
BID TOTAL ALTERNATE II ITEMS
BID TOTAL ALTERNATE I & II - COMMON ITEMS
PLUS ALTERNATE II ITEMS
Engineer's Est Madonna Burke
$228,128
50
$365,730
00
$349,145
00
250,806
00
333,075
00
375,775
00
478,934
50
698,805
00
724,920
00
228,128
50
365,730
00
349,145
00
268,489
40
360,984
00
373,294
00
496,617
90
726,714
00
722,439
00
E X H I B I T I' B„
City Council Minutes
June 17, 1974
City Council Minutes
June 17, 1974
Page 7
Mrs Pat Barlow, Chairwoman of the Human Relations Commission, stated that
the Human Relations Commission whole- hearterly supported the child care center
as proposed by Mrs O'Sullivan, and Mrs Barlow urged the City Council to
guarantee the funds if the operation did not pay for itself She urged the
City Council to support the request of Mrs O'Sullivan with a Council
guarantee
On motion of Councilman Gurnee, seconded by Councilman Graham, the following
resolution was introduced RESOLUTION NO 2619, A Resolution of the Council
of the City of San Luis Obispo guaranteeing payment by City of losses incurred
by Children's Center in operating summer day care program for A F D C
children
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
12 Memorandum from the City Attorney urging Council support of Senate
Constitutional Amendment 52, regarding "quasiRjudicial" decisions by local
agencies The purpose of the amendment was to overrule the Strumsky decision
by the California Supreme Court earlier this year which placed a much greater
burden upon local administrative agencies concerning the standard of Judicial
review of "quasi Judicial" decisions by the local agencies where a "fundamental
vested right" was involved He felt that the decision of the court was
nothing more than a further erosionjof the powers of a municipal corporation
to control municipal affairs
On motion of Councilman Gurnee, seconded by Councilman Brown, the following
resolution was introduced RESOLUTION NO 2620, A Resolution of the Council
of the City of San Luis Obispo urging the State Legislature to approve SCA 52
to restore the substantial evidence test forl'Local Agency decisions
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
13A Communication from the Mass Transportation Committee requesting Council
action on the following items
(1) The Committee requested the City to continue the contract bus
operation for a total of two years, and that the City provide
sufficient funds in the budget for this length�of study
(2) The Committee indicated that it wished to make minor changes in
scheduling, hours, stops and promotion, without the delays inherent
in having each action approved by the City Council To accomplish
this, the Committee proposed that the minutes of the Committee be
sent to the Councilmen individually and that if there were no
objections received within ten (10) days, the changes could be
made at the discretion of the Committee
The City Council discussed the two requests of the Mass Transportation Committee
and on motion of Mayor Schwartz, seconded by Councilman Graham, that the City
Council continue the present plan of funding the bus system on a one -year basis -
only, with an analysis by the Committee and City Council after three quarters
of the contract year had passed Motion carried, all ayes
On motion of Councilman Norris, seconded by Councilman Brown, that the City
Council reject the request of the Mass Transportation Committee and continue
the present policy of forwarding items to the City Council for consideration
Motion carried with Mayor Schwartz voting no
City Council Minutes
June 17, 1974
Page 8
(3) The Mass Transportation had a third request which was to change
to a two bus operation between the hours of 10 00 A M and 5 00 P M
on Sundays, effective September 15 and to add Memorial Day and Labor
Day as official holidays, with the printing of the next schedule
which would be in mid- September
On motion of Councilman Norris, seconded by Councilman Graham, that the City
Council approve the request for two buses on Sunday and the designation of
the two holidays on the next schedule Motion carried
13B . Memorandum from the Mass Transportation Committee regarding preparation
and administration of a questionnaire on bus service The Public Transportation
System Questionnaire, which would be distributed to a representative sample
of homes throughout the community would provide basic information for use by
the Mass Transportation Committee in improving the level of bus service and
would provide useful information in considering the proposals to be made by
the consultant preparing the transportation study for the County
The Committee recommended that the questionnaire be distributed in the fall,
that the computer work and representative sample would be selected by Cal
Poly students working under the direction of Mr Jones, but that the actual
printing, distribution and collection of information would be made at City
expense and by City personnel The analysis of the results would be conducted
by Mr Jones' class in transportatmon at Cal Poly It was estimated that the
total City cost for the survey would be less than $1,000 00
The matter was continued to the Council meeting of July 8, 1974, for a Joint
meeting with representatives of the Mass Transportation Committee
14 Robert Strong, Planning Director, submitted a proposal to the City
Council for a complete aerial survey of the planning area, a part of the
General Plan revision program, including 200 scale line -topo or orthophoto-
contour maps showing existing buildings, topography and vegetation Based
on preliminary estimates on May 20, 1974, Mr Strong requested that the
Council allocate at least $13,500 00 in anticipation of the City contracting
for such aerial photo and mapping service He reported that he had received
proposals from three firms
Pacific Western Aerial Surveys - estimated cost, $19,610 00
Pugh -Nolte 8 Associates - estimated cost, $19,300 00, or
an alternate, $11,800 00
Mark Hurd - estimated cost, $17,700 00
It was his recommendation that the least expensive proposal by Pugh -Nolte be
accepted by the Council and that the Mayor be authorized to execute a contract
for the alternate estimated at $11,800 00
On motion of Councilman Gurnee, seconded by Councilman Brown, the following
Resolution was introduced RESOLUTION NO 2628, A Resolution of the Council
of the City of San Luis Obispo accepting a proposal for aerial photography
and related photogrammetry from Pugh -Nolte 8 Associates
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
June 17, 1974
Page 9
15 Robert Strong, Planning Director, submitted a proposal to the City
Council for supplemental staff and special consultants for the General Plan
Revisions of the City of San Luis Obispo He stated that the General Plan
revision program involves $11,500 00 supplementary budget for special
services related to the primary consultant study The supplementary budget
included
Retention of Meyer, Merriam 8 Associates, a local planning
consultant firm familiar with the program and the community,
to provide assistance to City staff for special studies and
data collection, allocating $4,000 00 for such services
He presented for the Council's consideration a letter agreement from Meyer,
Merriam 8 Associates, allocating the $4,000 00 for special consultant studies
as considered necessary and authorized by the Planning Director, with a
further stipulation that no single project would expend more than $500 00
without further Council approval The compensation to be based on actual
time and expenses in accordance with the consultant's normal billing rate
On motion of Councilman Gurnee, seconded by Councilman Brown, that the City
accept the recommendation of Robert Strong and authorize the letter
agreement with Meyer, Merriam 3 Associates with a maximum expenditure total
of $4,000 00 Motion carried, all ayes
Councilman John Brown left the meeting due to a possible conflict of interest
on the next item
16• Memorandum from the City Engineer notifying the City Council that over
the past several years, the City had expended a considerable amount of effort
in inspecting the installation of underground utilities in the downtown area
' in order to assure the rights and conveniences of the public were protected
He stated that the City had been unable to charge its time against the
utility companies and had absorbed these costs within the various engineering
budgets He concluded that since the undergrounding of utilities would continue
to be a major effort within the community for many years to come, he would like
to suggest a modification of the City ordinance which would permit the City
to assess a two percent (2 %) inspection fee against utility companies whose
work required the services of a City inspector
On motion of Councilman Gurnee, seconded by Councilman Graham, the following
ordinance was introduced ORDINANCE NO 618, An Ordinance requiring payment
of inspection and traffic control costs in connection with certain underground
utility projects
Passed to print on the following roll call vote
AYES Councrlm6n- Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT Councilman Brown
17 Communication from the California Association of the Physically Handi-
capped (San.Luus Obispo Chapter)requesting that the City undertake a survey of
public facilities and undertake the complete removal of all barriers to the
physically handicapped
Mr Baldwin, C.A P H , supported the request, and submitted a list of goals
and objectives of his organization to allow the physically handicapped to
move about the City He also asked that the City Council finance the purchase
of a special bus developed for the handling of handicapped people, at an
approximate cost of $30,000 00
Councilman John Brown
returned
to the City Council Chambers and took his
place at the Council
table
17 Communication from the California Association of the Physically Handi-
capped (San.Luus Obispo Chapter)requesting that the City undertake a survey of
public facilities and undertake the complete removal of all barriers to the
physically handicapped
Mr Baldwin, C.A P H , supported the request, and submitted a list of goals
and objectives of his organization to allow the physically handicapped to
move about the City He also asked that the City Council finance the purchase
of a special bus developed for the handling of handicapped people, at an
approximate cost of $30,000 00
City Council Minutes
June 17, 1974
Page 10
Bob Bonds, representing the Disabledand Handicapped Students at Cal Poly,
urged the City Council to proceed with ways and means to remove architectural
barriers to the handicapped within the City of San Luis Obispo
Mrs Wagner also spoke on behalf of the request of C A P H to eliminate
physical barriers to the handicapped residents of the community
On motioncof Councilman Gurnee, seconded by Councilman Graham, the following
Resolution was introduced RESOLUTION NO 2622, A Resolution of the Council
of the City of San Luis Obispo authorizing a survey of public facilities to
determine barriers to the physically handicapped
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
18 1 William Flory, Director of Parks 8 Recreation, submitted for the
Council's consideration Contract Change Order No 3, Karleskint -Crum, Inc ,
for Meadow Park, Phase III, an increase of $691 75 The Change Order
was to consist of work at the shuffle board court adding header board,
top soil and grade, revise irrigation system at entry to bridge to
function properly, finish grade flat area in right field of ball field
and remove debris, and labor to add 16 turnbuckles on shelters and boom
truck to hold, a total of $691 75
On motion of Councilman Gurnee, seconded by Mayor Schwartz, Change Order
No 3 to Meadow Park, Phase III, was approved Motion carried
The City Council adjourned to Executive Session
On motion of Councilman Brown, seconded by Councilman Graham, the meeting
adjourned to 7 30 P M , June 24, 1974 Motion carried
APPROVED September 16, 1974
J H ritzpatrick, City Clerk
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
JUNE 20, 1974 - 12 15 P M
CONFERENCE ROOM, CITY HALL
Pledge
Roll Call
PRESENT John C Brown, Myron Graham, T Keith Gurnee, Jesse
Norris and Mayor Kenneth E Schwartz
ABSENT None
City Staff
PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, A J Shaw, Jr , City Attorney, E L Rodgers,
Police Chief
--------------------------------------------------------------------- - - - - -- - - --
1 The City Council continued their review of the 1974/75 budoet, which
has been under discussion and study by the City Council for the past several
weeks
R D Miller, Administrative Officer, suggested that the City Council authorize
• cost -of- living increase of 8 6 percent to the City Police Department until
• memorandum of agreement was signed on behalf of the Police Officers' Associ-
ation He made this recommendation realizing that the Police Officers'
Association were still meeting and conferring on a wage and fringe benefit
package, but he felt that in view of the cost of living that the families of
the officers should not suffer and should receive some adjustment for the cost
of living He felt if a further increase was negotiated, then the budgets
' could be adjusted at that time
On motion of Councilman Gurnee, seconded by Councilman Graham that the City
Council authorize an 8 6 percent cost -of- living increase effective July 1, 1974
to the sworn members of the Police Department with further increase in benefits
to be considered after signing of a memorandum of agreement by the Police
Officers' Association Motion carried
R D Miller, Administrative Officer, briefly reviewed the status of the proposed
animal control program which was being proposed to be operated by the County of
San Luis Obispo, but it had not been submitted for consideration to the cities
in detail Generally, it was a program to be operated by the County with County
personnel with some cooperation with Wood's Animal Shelter using their facility
on Edna Road The matter, of the animal control was continued until more informa-
tion was received from the County
R D Miller, Administrative Officer, then reviewed for the City Council the
various budget items still not resolved by the City Council in their study
sessions
Councilman Norris stated that he was opposed to some of the budgeted items in
the Whale Rock Budget where funds were set aside for legal fees and for patrolling
and for the control of fishing at the reservoir He felt that if these legal
and patrolling fees would be used to implement a fishing program, then the money
' would be well spent as a program of this type was promised to the people when
the dam was built by the City and the State agencies
Mayor Schwartz stated he felt that the funds in the Whale Rock Budget were not
there to prevent fishing, but were to protect the purity of the water for the
City of San Luis Obispo and their partners, the Men's Colony and Cal Poly, so
that no one could pollute the water by trespassing on the property He further
stated that the City Council and the Whale Rock Commission had authorized a
City Council Minutes
June 20, 1974
Page 2
fishing program at Whale Rock Dam subject to
Protection of the purity of the water, and
2 No additional cost being assumed by the water users or
by the owners of the project
Councilman Gurnee stated that he agreed wiTh the Mayor's statement and further
expanded that he did not feel that the City water users and tax payers should
pay for recreation on a potentially regional recreation fishing program at
Whale Rock Reservoir He felt this was a responsibility of the County and not
of the City
The City Council again discussed the hiring of an additional attorney as an
Assistant to Mr Shaw, but that it was the consensus that no Deputy Attorney be
hired at this time
The City Attorney was authorized to retain private associate counsel whenever
he felt it was necessary to move along with City programs-, Further, the City
Administrative Officer was asked that in the remodeling of the City Hall that
additional space be planned and allocated for additions to the legal staff
The Citv Council then reviewed the City Pay Plan and adjustments to be made
on July 1, 1974 for inclusion in the 74/75 City Budget adjustments brought
about through the meet- and - confer process and with the memorandums of under-
standing presently signed with two of the employee organizations
R D Miller, Administrative Officer, also reviewed for the City Council his
proposal for executive salaries for the department heads and sub - department
heads to the various City operations
On motion of Mayor Schwartz, seconded by Councilman Brown that the City
Council accept the Administrative Officer's recommendations for executive
salaries for the department heads and sub - department heads, with an extra
half step for the Assistant Director of Park and Recreation, and that they
also be effective July 1, 1974
2 The City Council then adjourned to Executive Session with no staff
members present
On motion of Councilman Norris, seconded by Councilman Graham the meeting
adjourned at 2 30 P M to 7 30 P M Monday, June 24, 1974 Motion carried
APPROVED A Z
ugust 5, 1974
' N Fil- ZPATRICK, CITY CLERK
I
Pledge
Roll Call
Present
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, June 24, 1974 - 7 30 p m
r Council Chambers; City Hall' ,- k
a
John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris,
and Kenneth E Schwartz
Absent None
City Staff
Present J H. Fitzpatrick, City Clerk; William Flory, Park & Recreation
e. Dlrector,,,R D. Miller, Administrative.Officer, E. L Rodgers,
Chief of Police, A J. Shaw, Jr , City Attorney, Robert Strong,
Planning Director
1 At this time the City Council held a public hearing on the adoption
of the proposed 1974/75 City budget. Said public hearing continued from the
June 17, 1974 meeting.
Mayor Schwartz reviewed for the public the budget process to date, preparation
of the budget by the City,-,staff,;,Administrative,Officer and department heads'
presentation to the City Council and the many,-many meetings held by the City
Council in study of the proposed budget on a page -by -page basis.
R. D. Miller, Administrative,Officer, submitted_a very brief overview of
the accomplishments,of the - 1974/75 budget, reviewed the changes made by
the City Council from the original budget, and stated that the total budget
for 1974/75 as approvedi.by,the City Council totaled,$8,734,000
tfayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the proposed budget
Mayor Schwartz declared-the public hearing closed.
Councilman Gurnee stated that -he felt -the , proposed.1974 /75 budget -in general
was a good one for the City and felt that -many pressing needs would be
accomplished through the budget for the good of the citizens of San Luis
Obispo He stated that he was quite happy with funds that were set aside
for the Planning Commission, for the studies -of the Planning Department and
the consulting contracts, the amount of money allocated to the Human Rela-
tions Commission for social service programs, most pleased with the amount
of funds being put aside for modernizing the bookkeeping system and placing
it on automatic data processing.t! He was also pleased with the- bus - system
and the water improvements, although he did question some of-the Council's
priorities in the Capital Improvement Program He felt that in general a
good budget was arrived at by consensus He stated that he was still strongly
opposed to the amount of money being spent by the promotional and advertising
budget as he did not feel -that the City hadistudied then -cost of out -of -town
promotion advertising He felt that the amount of money in.out -of -town
advertising was too high and that, based on the present formula, continued to
go up asytz -6aoziically He felt that, without a -cost benefit study
of- out -of -town advertising, less money-should be spent oncthis� program He
also urged that the-City Council take,the - following action
City Council Minutes
June 24, 1974
Page 2
1) Approve a proposal to amend the City Charter by
adding Section 27 to the Charter, that no expendi-
ture of City funds for City promotional purposes
would be made without a vote of the people, and
he asked that this be prepared for vote by the
people in the 1974 November election
2) He felt that the City tax rate should be reduced
so that no additional funds would be raised
due to the new 1974 increased assessed valuations.
He felt that the City should only receive from
property taxes what was planned for in the
budget and should not take advantage of the
recent increase in County assessed valuations.
He also felt that the City tax rate should be
reduced by Live cents, which was the streambed
portion of the tax rate for the Zone 9 recently
voted by the people on Measure B He urged
his fellow councilmen to place the matter of
the advertising expenditures on the November
election, in order that the people of San Luis
Obispo could be heard relative to this program
Councilman Norris stated that he was in support of the budget as proposed
by the Administrative Officer and amended by the City Council during the
recent lengthy Council study sessions He stated that he would support
the budget as amended by the City Council., although he felt there were
several items in the budget that he disapproved of, he felt that the
Council had worked it out on a democratic basis and that he would go
along with the majority of the Council He then reviewed the Capital
Outlay budget that he could support strongly, but that he was not too
pleased with the allocation of public funds in the Capital Improvement
Budget to purchase the Foothill Saddle, Mount Bishop, Laguna Lake Park
Development and the Cerros. He felt that there were greater needs in the
community, for example, a civic auditorium which would be used and needed
by more people than the Laguna Lake Golf Course presently under considera-
tion for purchase He concluded that he would rather see the City Council
take care of what the City now owned in the park area than buy more park
land without any funds for construction, upkeep or development He was
opposed to the reduction of the tax rate due to the extreme expenditures
faced by the City Council in the water area afore in�the next fiscal year.
Councilman Brown stated that he was in support of the budget as developed
by the City Council in a number of budget sessions He also felt that
Capital Improvement Item No. 15 5 moved up by the City Council, the Meadow
Park Community Building, was much better than the Golf Course as far as
he was concerned. He stated that he was opposed to the Charter amendment
on promotion advertising and he felt it could be left to the initiative
process He felt the promotional advertising program was needed by the
City and he too was opposed to a cut in the tax rate at this time due to
the large water expenditures anticipated in 1974/75 and the inflation that
had hit these construction costs, although he could support action-by the
City Council to reduce the tax rate in proportion to the increase assessed
valuation
Councilman Graham felt the City Council had arrived at a spending program
over a number of weeks in arriving at the 1974/75 budget He felt that
it was an adequate program for the City and that most of the objects
needed doing at this time He also felt that the Council had programmed
an adequate Capital Outlay program and felt that in the face of large
Capital Outlay expenditures he did not feel that the City Council should
consider reducing the tax rate at this time He stated that he supported
City Council Minutes
June 24, 1974
Page 3
the promotional advertising budget and also the large increase in the
social services area. He would support purchase of the saddle and the
Cerros, but he did ask the City Council to consider placing some funds
in a reserve for the civic auditorium construction, whether it be at
Cuesta College or in downtown San Luis Obispo. He felt a start should
be made on this project
Mayor Schwartz also felt that the budget being proposed and presented to
the public was a good budget for the City He felt-the budget would give
a continued improvement to City services for the citizens of San Luis
Obispo He felt that the overall improvements to City facilities would
be the best in the last few years. He again reviewed the expected high
water expenditures in the 1974/75 fiscal year to alleviate the moratorium
in the Laguna Lake -Los Osos Valley area He also felt that the City
Council had presented a good salary and fringe benefit package for the
employees of San Luis Obispo and also was supportive of the large amount
of funds being set aside for planning studies Mayor Schwartz continued
that the overall Capital Outlay program would bring many needed improve-
ments to City facilities, but he disagreed with the proposal to reduce
the City tax rate in proportion to the tax rate for Zone 9 as he felt
the City would be still spending funds on flood control items within the
City which would not be affected by anything that Zone 9 would accomplish
He also disagreed with the proposal regarding the promotion advertising
budget as he did not feel that anyone had ever appeared before'the City
Council objecting to promoting and advertising the City of San Luis Obispo
He stated he would support the final budget as approved by the City Council
Councilman Gurnee again discussed his proposal to reduce the City tax rate
in proportion to the increased assessed valuation and also in proportion
to the Zone 9 increase, particularly for streambed clearance He stated
that if the City Council did not approve the change in the charter
regarding the promotional advertising expenditures, he would get an ini-
tiative from the voters and have it presented to them for approval
Councilman Gurnee stated that he would make a motion to adopt the 1974/75
budget as prepared by.the City Council if the City Council would agree
to the following
1) Approve a charter amendment regarding the promotional
advertising aspects of the budget,
2) Adopt a resolution to lower the rate of the City tax
in the same proportion as the increased assessed
evaluation, and
_3), Reduce the City tax rate by five cents, the proportion
of the rate increase for Zone 9 attributable to stream -
bed maintenance
No second on Councilman Gurnee's motion
On-motion of Councilman Norris, seconded by Councilman Graham, that the
1974/75 budget be approved as prepared by the City Council subject to the
addition of $10,000 reserve fund for civic auditorium development
Motion lost on the following roll call vote
AYES Councilmen Norris and Graham
NOES Councilmen Brown, Gurnee and Mayor Schwartz
ABSENT None
On motion of Mayor Schwartz, seconded by Councilman Graham, that the City
Council adopt the 1974/75 budget as amended by the City Council. Motion
carried on the following roll call vote
City Council Minutes
June 24, 1974
Page 4
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES Councilman Gurnee
ABSENT. None
On motion of Councilman Brown, seconded by Councilman Gurnee, the following '
resolution was introduced RESOLUTION NO. 2627, a Resolution Tabulating
Equipment Replacement Appropriations for the Fiscal Year 1974/75 and Total
Accumulations for Each Piece of Equipment
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Gurnee, Graham, Norris and Mayor Schwartz
NOES None
ABSENT None
On motion of Councilman Gurnee, seconded by Councilman Brown, the following
resolution was introduced RESOLUTION 2625, a Resolution Authorizing Deposit
of City Funds for Fiscal Year 1974/75-with United California Bank
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Gurnee, Graham, Norris and Mayor Schwartz
NOES None
ABSENT None
2 R D. Miller, Administrative Officer, presented a communication
from the County of San Luis Obispo stating that the proposed animal control
contract or agreement for the County to take over the animal control in the
County and City of San Luis Obispo was not ready and the program would not
be ready for at least two months and suggesting that the City Council of
the City of San Luis Obispo contract with Wood's Animal Shelter on a month -
to-month basis for a period of time so that some animal control would be
available to the people of San Luis Obispo
The County stated that the Humare Society's representatives reacted favorably
to the request for extension if -the Cities would each make such a request.
As soon as the County's program is ready for presentation to the various
City Councils, the County would come forward with such a program
On motion of Councilman Gurnee, Aseco` nded by Councilman Brown, the City
Administrative Officer was authorized to ask for an extension of the
contract with Wood's Animal Shelter for a two -month period of 1974. Motion
carried, all ayes, no noes, none absent.
3 At this time the City Council considered a staff report on the
Edna Saddle Reservoir Site Preparation, bids received May 30, 1974. The
matter continued from the June 10 and 17, 1974 Council meetings
Mr Wayne Peterson, Assistant Director of Public Works, reviewed for
the City Council communication from Penfield and Smith, Water Consultants
for the City of San Luis Obispo for the Edna Saddle Site Preparation
Program, which stated that they had met with the low bidder, Madonna
Construction Company, in an attempt to Lvaew and'reduce, if possible,
various elements of the bid submitted by Madonna Construction Company.
After meeting with A. Madonna, it was the impression of the consultants
City Council Minutes
June 24, 1974
Page 5
and City staff that Mr ,Madonna,was unwilling to lower his contract
prices It was -the opinion of the staff and consultants that the
Madonna Construction Company and the Burke Construction Company bids
were significantly higher than the value of the work to be constructed
and coupled with Mr ,Madonna's unwillingness to substantially lower his
contract prices, they recommended that all bids on this project be
rejected and that new bids be solicited as soon as possible
Further, their opinion that the rebid should be of, a slightly modified
project at the same time that the bid for the Los Osos Valley Old Town
Pipeline Project was being bid, which might significantly bring in
more out -of -town bidders on the project. They also suggested that a
significant modification of the project would be a provision for the -
City to secure an off -site disposalrarea near the,tank -fob site for
placing of theisurplus,and unsuitable,earth and rock It was also
felt that the deletion_ofithe,City requested Alternate,2 screening ..
embankment would simplify the project in-the bidders' eyes.,
The staff felt that the City Council should re- examine the need for the
earth and screening embankment or for an alternate a much smaller
combined earth and topsoil landscaped embankment as a partial attempt
to cover the tank and hide it from view
1 , , _ ,
The City staff.reviewed with the Council various alternatives showing
pictures of what could be done in attempting to get the price down on the
site preparation plan _ R A Paul, Water Department Director, stated
that if they could proceed as rapidly as possible,with new bids, that
he felt the - November; 1974 -,idate which would raise,the moratorium„
could still be.met_andithat the.final construction could be completed
by March 1, 1975, all construction limitations could,be limited following
the November lifting- of- the_moratorium
The matter of.Item 3-was-continued to,special study session to be held
on Friday, June 28, 1974 1 ,
4 The City Clerk reported that the City received one bid for
a 1974 Hardtop automotible for the Police Department from Stanley Motors
for $3,584.08. R D Miller, Administrative Officer, explained that
most of the companies could not bid due to the fact that the factories
were going-out of production_for: the 1975- models and recommended that
the onlv bid of_- Stanlev Motors be accepted '
On motion of Councilman Norris, seconded by Councilman Graham, that the
City accept the bid of Stanley Motor Company for,$3,584 08 ,Motion
carried. , .
Y
5. The City Clerk reported that bids were to be opened for
supplying polyethylene tubing for water mains and adhesive tape for
joining the-tubing %at, =y3 00 p m on Monday, June 24, 1974, and that
no_bids- were,received ,W
R iD.-Miller,_Administrative Officer,- explained,that subsequent to the
time for opening bids an additional company, U.S. Pipe and Foundry,
called and stated that they had been confused as to the time when the
bids.were supposed to beiin- and- felt that, they could meet the City
specifications. - Afteridiscussion by,the City Council, on motion of
Councilman Brown, seconded by Councilman Graham, that the Administrative
Officer be authorized to get,quotes for,.the,polyethylene and the tape
from U.S. Pipe and Foundy and place the order if comparable to estimate
Motion carried
City Council Minutes
June 24, 1974
Page 6 ' '
6 Communication from S..L Culwell, District Manager for
Pacific Gas and 'Electric -Company,..requesting continuation by the.City
Council of an amendment to the underground utility ordinance which would
permit the City -to assess a two per cent inspection fee against utility
companies whose work required services of a City inspector
The City Clerk - also - submitted atletter - from L. A) Balatti,_ Manager a_
of Pacific Telephone Company, asking for the same consideration that the
City Council-take no action on this.modification -until the utility
companies had an opportunity-see the ordinance or resolution being con-
sidered by- the - City - Council. _
On motion of•Councilman Gurnee,tseconded by Councilman-Graham, that the
consideration of this modification to the underground utility ordinance
be continued to July 15, 1974, and,that the utility companies be.given
copies of the proposed ordinance. Motion carried, John Brown abstained due
to possible conflict ofrinterest _- 4 _
I I
7. Councilman Gurnee submittedra letter to the City Council re-
garding a substantial amount of oil flowing through his and adjacent
properties of Old Garden Creek at -Broad and Murray Streets _ Helstated
upon investigation that expended cans of fresh oil were thrown down
into a pipe culvert in the Tropicana Village parking lot on Broad
Street. -He continued that this was the.second disturbing pollution -
incident in this area in the last few months and that he had attempted
over the months through various agencies, the Regional Water Quality
Control Board, the Fish and Game Commission, the City of San Luis Obispo,
to. try and -have this - practice -of dumping_o3_1 in the storm',drains which
ultimately got into-the creeks causing not only damage,in the creek-but
also to wildlife that use the creek as their home - He did not feel _ I
that the citizens of the area could tolerate the situation any further,
and he hoped that the City Council agreed and would come up with a
procedure to assure that future spills from Tropicana or-other areas
did not again happen within the City He recommended that the City
Council take the following action
-1) Bring public nuisance abatement procedures against the
Tropicana Village complex
2) Direct the City staff to review the Tropicana Village
conditional use -permit and to otherwise find a way to
require that automotive repairs be banned on the property.
3) Require that any future -oil spills -that could be traced
to an individual polluter be cleaned at the expense of
the polluter, and prosecute the polluter via the Department
of Fish and Game and the City Police Department.
4) Require that publictnuisance abatement procedures be
brought against the owner of any property where pollution
originated as long as the property was developed to a densi-
ty greater than single family and the individual polluter
- _was•unknown, and require that the slick be cleaned_up at
the expense of the property owner
1
-5) Direct the City Attorney to prepare an ordinance requiring all
establishments involved -in the retail sale of,oil and similar
petroleum products to provide large drums or•other waste
receptacles for the,disposal of used oil. r .t
City Council Minutes
June 24, 1974
Page 7
He urged the City Council to take some action.
He then proceeded to show color slides and color pictures of the results
of the last two oil spills in this little area of Old Garden Creek
A J Shaw, City Attorney, informed the City Council that he felt that
this oil spill brought to the Council's attention by Councilman Gurnee
did fit the provisions of the City's nuisance ordinance and based on
the evidence presented at a public hearing the Council could order the
correction of the nuisance.
Councilman Brown agreed with the setting of a public hearing under the
nuisance provisions so that the City Council could set remedies to correct
this problem.
Councilman Graham agreed with the public hearing but would like to take
a milder approach to the resolution as submitted by Councilman Gurnee
as he would like to punish the individual. "polluter but would not like
to see property owners punished for something over which they had no
control
Councilman Norris stated that he agreed with the setting of a public
hearing but he did not know how to prevent this particular item from
happening again and could not see how a property owner could be held
responsible for something over which they had no control.
Mayor Schwartz stated he too was in support of public hearing to
analyze solutions to spill problems Further,ihe felt the staff should
look into conditions of the use permit issued by the Planning Department
' in order to avoid future oil spills and pollution of the creeks
The City Council continued the consideration of the adoption of a resolu-
tion of intention to set a public hearing to their meeting of Friday,
June 28, 1974 at 12 00 noon so that the property owners would have an
opportunity to be heard if they so desired.
On motion of Councilman Brown, seconded by Councilman Graham, the meeting
adjourned to Friday, June 28, 1974 at 12 00 noon. Motion carried.
Approved August 19, 1974'%
Gr. H ,TZPATRICK, CITY CLERK
i
u
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
FRIDAY, JUNE 28, 1974 - 12 15 P M
Conference Room, City Hall
PIedae
Roll Call
Present Councilmen John C Brown, Myron Graham, T Keith
Gurnee, Jesse Norris and Mayor Kenneth E Schwartz
Absent None
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller, Admini-
strative Officer, A J Shaw, Jr , City Attorney,
E L Rodgers, Chief of Police, R A Paul, Water
Department Director, Wayne Peterson, Assistant City
Engineer, Robert Strong, Director of Planning 8
Building
Also Present Jerry Smith and Ken Dawson, Penfield $ Smith
---------------------------------------------------------------------- - - -- --
1 R A Paul, Water Department Director, reviewed again for the
City Council the bids received for SITE PREPARATION for the water tank
on the Edna Saddle Bids opened on May 30, 1974
He stated that the bids received were way over the estimate of the con-
sultants and further an attempt by the City to negotiate with the lowest
bidder, A Madonna, to reduce the bid had proved fruitless
R A Paul then reviewed various alternatives to the tank site prepara-
tion bid whether to continue with the present specifications or to change
specifications and rebid He also reviewed for the City Council time
span necessary in the site preparation and tank erection in order to
meet the November, 1974 date to lift the moratorium in the lower Higuera -
Los Osos Valley area and to have the full system in operation by March
1975 He felt that the decision that must be made is whether to award
the bid now on hand or whether to reject all bids, redesign, and rebid
a new project
He then presented alternates for Council consideration
A Accept the present project, $585,000 with adjustments,
B Readvertise with minor adjustments at an,-,estimated con-
struction cost of $475,000 a66';involving one month delay,
C Readvertise with a new concept for the tank site, estimated
cost $405,000, but this might require a new environmental
impact report which might delay it even further "C"
would include hauling away the spoil from the construction
project
D Start over again with no berm to protect the tank, spread
the spoil as much as necessary on the site at an estimated
cost of $515,000, but he was sure that a new environmental
impact report would be needed due to the scarring of the
spoil being spread on the site
City Council Minutes
June 28, 1974
Page 2
Jerry Smith, Penfield and Smith, reviewed for the City Council the
time required by them in order to get the plans and specifications
ready for advertising if the Council went for Alternate B or C
R A Paul, Water Department Director, recommended that the City
Council should go ahead with the bid already on hand from A Madonna
as he felt the timing and also the possible increase in cost due to
the inflation of construction costs might make the project even more
expensive than they now anticipate
Jerry Smith, Penfield and Smith, upon question, stated that the great
difference in the previous bids estimated over actual bids received
were caused by two major items
Rampant inflation and
2 Due to the length of time
little known about future
which caused the bidders
high side
of the contract there was
labor cost and material cost,
to hedge their bets on the
He also reviewed for the City Council the financial effect on the City,
the increased cost for readvertising, preparation of new plans and
specifications, etc He also reviewed the cost to the City Council for
additional services such as construction supervision, testing, and the
additional funds required for consulting services
Councilman Norris felt that in view of all the unknowns in savings,
if the City decided to rebid the Job and also the pressure on time,
he felt the City should go ahead and accept the Madonna bid
Councilman Graham stated that he was in support of "B" and hoped that
some saving could be achieved by the process even in view of the addi-
tional engineering costs to get the project out
Councilman Brown stated he agreed with Norris' comments and would
support "A ", awarding the bid to Madonna due to the unknowns in re-
bidding, inflation, labor costs, and the high risk even including the
additional engineering costs because of the time involved
Councilman Gurnee stated he wnuld - like to take whatever option would
save the City money But felt there were too many unknowns on cost at
this time, and in the light of the timing involved he would support "A ",
awarding the bid to Madonna Construction Company in order to serve the
citizens of San Luis Obispo as quickly as possible with adequate water
Mayor Schwartz agreed with the unknowns in "B" and with the inflation
labor costs, etc He felt possibly the City would be best served by
awarding the bid to Madonna Construction Company and go ahead as already
bid in Plan "A"
Councilman Gurnee stated that he was in support of the proposed motion
provided that the City Council would instruct the staff to initiate
studies to increase the water acreage and water hook -up fees for new
developments in the Los Osos Valley - Lower Higuera Street area to try
and recover some of the cost of the project in the Edna Saddle Tank
Project
On motion of Councilman Brown, seconded by Councilman Gurnee the City
Council accepted the bid of Madonna Construction Company for alternate 1,
$698,805 00 total Motion carried, all ayes, Councilman Graham voting no
The City Council directed the City Clerk to notify A Madonna of the
award of the bid at this date
r
City Council Minutes
June 28, 1974
Page 3
2 Council consideration of the adoption of a resolution of intention
to hold a public hearing on nuisance abatement at Tropicana Village, which
involved a dumping of engine crank case oil down a drain pipe from the parking
lot at 55 North Broad Street which led directly into the Old Garden Creek,
which was a tributary of San Luis Creek and which caused scum and oil pollution
along the area of Garden Creek
I A J Shaw, City Attorney, reviewed for the City Council the steps that must be
taken under the City ordinance to abate a nuisance and the calling of a public
hearing
E L Rodgers, Police Chief, submitted a report of an investigation by the City
Police Department dealing with the oil spill at 55 North Broad Street, Tropicana
Village
Robert Strong, Planning Director, agreed with the investigation and report as
presented by the Police Department and concurred with the recommendation to
institute an abatement proceeding
Mr Stuart, representing Tropicana Village, submitted a report to the City Council
on activities taken by the owners at Tropicana Village to attempt to eliminate
future possible oil spills in City creeks from this property He stated that the
property owners were doing all they could to supervise anti - pollution efforts by
the residents of Tropicana Village He stated they were trying to do all they
could to cooperate and hoped that the City Council would not penalize the prop-
erty owners for the action of one or two students who unthinkingly polluted the
creeks of San Luis Obispo
Mayor Schwartz suggested that the matter be continued for a progress report by
Tropicana Village on steps being taken to eliminate creek pollution from their
property, and further that the City staff look into standards to be placed in
future use permits for student housing developments throughout the City.
2 05 P M Councilman Norris left the meeting
On motion of Mayor Schwartz, seconded by Councilman Graham that, based on the
evidence presented by the Police Chief, Planning Director, Councilman Gurnee,
and Mr Stuart, that this matter by the Council be continued to an unspecified
date and that the City review Tropicana's present proposal to the Police Depart-
ment for mitigation of conditions that precipitated this hearing, and that staff
recommend rules to be set by the City Council which would apply these rules to
similar uses in the City Further, that the City Clerk was to write a letter
to all student housing developments in the City indicating the Council's concern
of oil spills in creeks and of their intention to take action against the prop-
erty owners if these oil spills continued Further, the City Clerk was asked
to notify the Contractors' Association regarding contractors dumping construction
materials in creeks which add to the pollution Motion carried, all ayes, no
noes, Councilman Norris absent '
3 On motion of Councilman Brown, seconded by Councilman Graham the follow-
rag resolution was introduced Resolution No 2626, a resolution establishing
salary ranges for employee classifications, assigning employees to c,tasses and
salary steps within said ranges, specifying methods of advancement and superseding
previous salary resolutions in conflict
Passed and adopted on the following roll call vote
' AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz
NOES None
ABSENT Councilman Norris
4 The City Council adjourned to Executive Session
City Council Minutes
June 28, 1974
Page 4
5. On motion of Councilman Brawn, seconded by Councilman Graham the
meeting adjourned at 2 25 P M Motion carried, Councilman Norris absent
APPROVED AugusT 5, 1974
� FIiZPATRICK, CITY CLERK
19
1
i1
Pledge
Roll Call
Citv Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, JULY I, 1974 - 7 00 P M
CITY HALL
Present John C Brown, Myron Graham, T Keith Gurnee, Jesse
Norris and Mayor Kenneth E Schwartz
Absent None
Present J H Fitzpatrick, City Clerk, R D Miller, Administra-
tive Officer, A J Shaw, Jr , City Attorney, D F
Romero, City Engineer, Lee Schlobohm, Fire Chief,
Robert Strong, Planning Director, John Quirk, Acting
Water Director
)
I At this time the City Council held a public hearing on the
recommendation of the Planning Commission to rezone a portion of Lot 9, Block
147, Harford's Addition, commonly known as 200 Higuera Street, from M (Industrial)
District to C -H (Heavy Commercial) District
R Strong, Planning Director, presented the recommendation of the Planning
Commission as follows
The subject property is located at the corner of South and
Higuera Streets and is developed with a heavy commercial use
Surrounding properties are zoned M, but are used primarily for
heavy commercial and neighborhood commercial uses
2 The applicant is requesting this rezoning to expand heavy
commercial uses on this property The existing use on this
property is a non - conforming use in this zone Retail sales
are allowed in the heavy commercial zone, but are not allowed
in the M zone The applicant is requesting a rezoning from
M (industrial) to C -H (heavy commercial)
3 The Planning Commission recently rezoned the area bounded
by High Street on the north, Beebee Street on the east,
South Street on the south and Higuera Street on the west
from M to C -H Other property owners in this immediate
area have indicated that they do not wish To be rezoned
at this time
4 The General Plan indicates the area in which the subject
property is located as being appropriate for heavy
B commercial uses The area has been developed with heavy
commercial and neighbornhood commercial uses for many years
5 The Commission was of the opinion the proposed action
would make zoning consistent with the General Plan, and
City Council Minutes
July I, 1974
Page 2
cause the existing non - conforming use to be compatible
with the Zoning Ordinance, and that the proposed rezoning
would not have an adverse affect upon the health, safety
and welfare of persons living and working in the vicinity
They therefore unanimously recommended that the City Council rezone the
property for heavy commercial uses
Mayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the proposed re-
zoning
Mayor Schwartz declared the public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Brown the following
ordinance was introduced Ordinance No 619, an ordinance amending the
official zone map of the City of San Luis Obispo (to rezone 200 Higuera
Street)
Passed to print on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES None
ABSENT None
2 Memorandum from David Williamson, Assistant Administrative Officer,
on the Gary Green Inquiry, 1743 Southwood Drive
Mr Gary M Green wrote to the City of San Luis Obispo requesting informa-
tion concerning the development of the Dan Oxford Tract being developed
across the street on Southwood Drive from his home Mr Green's concern
was the way that utilities were installed to serve the homes in the Oxford
Tract, apparently causing an inordinate number of trenches being cut into
Southwood Drive It was Mr Green's contention that if the City were to
accepT the alley to the rear of the lot lines of Oxford Tract, it would be
simplier To place the utilities in the rear alley rather than cut up an
already improved street He also complained of the leaching and drainage
of water above and below ground, which might get into these trenches in
Southwood Drive and cause further street damage
Mr Green's concerns seemed to stem from the fact that he believed the
City should have planned for the development of properties located above
elevation 460 and looped utility systems should have been constructed
rather than trying to serve each of the Oxford Tract lots from Southwood
Drive He also felt the City should have investigated the possibility
of establishing an underground utility assessment district for existing
home owners in the area, so that all utilities could be undergrounded
and the area cleaned up
These questions were covered by a written reply submitted by D Williamson
He indicated that he had met with Mr Green, City Engineer Romero and the
Water Department Director to discuss the problems and it was his opinion
that Mr Green now had a better understanding of the reasons for the way
in which the Oxford Tract was developed
r
City Council Minutes
July I, 1974
Page 3
On motion of Councilman Norris, seconded by Councilman Brown the Gary
Green inquiry was ordered received and filed
3 D F Romero, City Engineer, on behalf of the Mass
Transportation Committee, submitted for the Council's consideration
a sample bus study questionnaire which had been prepared by Chairman
Jones The information in the questionnaire would provide the bus
committee with valuable background to determine how to best improve the
City's bus service both during the experimental period, in the immediate
future, and for the permanent bus system, if it is to be put into effect
If the additional set of questions being submitted with the questionnaire
is to be approved, the City would also receive an indication of the
public's view as to the relative importance of bus service as opposed to
other City services which are now provided
D F Romero continued that after the Council has approved the questionnaire
that the questionnaire will be distributed through the City this fall, the
computer work and representative sample would be selected by Cal Poly
students, under Mr Jones' direction, and the information would be
computerized and print -outs be made available, not only to the City, but
to the County and the Area Planning Council for their consideration
The actual printing, distribution and collection of the information would
be done at City expense and by City personnel Analysis of the cost at
this time would be an estimated $1,000, and the Committee through Mr
Romero recommended that the Council approve the proposed questionnaire
and the method of survey
The request for the questionnaire was continued to the meeting of July S,
1974, so the Council could meet with representatives of the Mass Trans-
' portation Committee
4 Request by Warren F Dolezal for Council approval and
acceptance of the on -site improvements to Tract 467, Unit I, Los Verdes
Park, Garden Homes He stated the request was being made at this time
as many families had purchased homes and were waiting to move in, and
considerable hardship on these residents would occur if the acceptance
by the City was delayed
D F Romero, City Engineer, reported that an inspection made by his
office today showed that only one manhole had not been adjusted to grade
and was now being corrected and that also the as -built plans had not been
submitted but he had no objection to the City Council accepting the Tract
and the on -site improvements
John Quirk, Assistant Water Director, stated,that the water utilities
were in and were operating although there had been some problems with the
hydrants (which were delivered from the manufacturer in a defecTive state)
and were now being replaced by the manufacturer He recommended that the
water improvements be accepted
D F Romero, City Engineer, explained that a City contract controlled
the off -site construction and was not affected by the acceptance of this
tract Further, he stated that occupancy would be dependent upon the
approval of the Building Department rather than Council which would require
completion of all on -site improvements, including common areas
A J Shaw, City Attorney, discussed the unusual concern with regard to
this particular subdivision, a planned
development
which required not only
completion of the on -site improvements,
(utilities,
streets, curbs, gutters,
etc ) but also common areas within the
whether the City, in accepting Unit I,
Tract He further
was letting
questioned
the subdivider escape
his obligation to pay his share of the
development
of the off -site
-
improvements to serve this particular development
D F Romero, City Engineer, explained that a City contract controlled
the off -site construction and was not affected by the acceptance of this
tract Further, he stated that occupancy would be dependent upon the
approval of the Building Department rather than Council which would require
completion of all on -site improvements, including common areas
City Council Minutes
July I, 1974
Page 4
A J Shaw, City Attorney, recommended that the City not accept the sub-
division until all the improvements had been completed as provided in the
subdivision agreement, and also that nothing be done until all costs
associated with the change orders on the off -site improvements had been
settled to the satisfaction of the City
Warren Dolezal explained that the need for prompt action was that the
interest on development funds during a two -week delay would cost him
about $15,000 Further, he had 67 homes in escrow which had been sold,
and the purchasing families were anxious to move in He stated that except
for some minor clean up and finish detail, the tract was ready for occupancy
He also questioned the fairness in holding up acceptance of Unit I on the
basis that the off -site contract had not been completed The contract
was administered by the City and that the City had delayed resolution of a
settlement of the contested change order costs He stated he had deposited
funds to assure his share of costs, as provided by contract
Councilman Brown felt that if the Pratt contract problems could be separated
secured, then he would be willing to accept the Unit I improvements subject
to individual approval by the Building Department
Councilman Graham agreed with Councilman Brown's comments and concluded that
he, too, was prepared to accept Tract 467, Unit I, as complete
Councilman Gurnee questioned whether or not adequate funds were deposited
with the City to cover costs involved with the change orders for the Pratt
contract as well as other remaining obligations and asked if the developer
would agree to deposit additional amounts until the settlement had been made '
Warren Dolezal stated that if account balances and contract cost figures
were provided by the City, he would deposit any additional funds required with
the City
Councilman Gurnee stated that he would not vote for acceptance of Unit I as
he had always opposed this development
Councilman Norris stated that in view of the 67 families who wished to move
into these new homes, he would support acceptance of Unit I He felt staff
should get the Pratt Contract change orders cleaned up as soon as possible
so that everyone would know just where the City and the developer stood in
this matter
Mayor Schwartz stated that in light of the evidence submitted this evening,
by the developer and by City staff, the City could take action to accept
Unit I as he did not feel it had any effect on the off -site improvement
contract with Pratt Construction Company
On motion of Councilman Brown, seconded by Councilman Norris the following
resolution was introduced subject to the developer filing the necessary funds
with the City to complete the water and sewer contracts on the off -site
improvements RESOLUTION NO 2637 (1974 Series), a resolution of the
Council of the City of San Luis Obispo accepting the off -site improvements
in Tract 467, Phase I, Los Verdes Park (Garden Homes, Ltd ) ,
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Norris, Graham and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
City Council Minutes
July I, 1974
Page 5
5 At this time the City Council considered the final map and
subdivision agreement for Tract 467, Unit II, Garden Homes Continued
from June 3, 1974
' Robert Strong, Planning Director, again reviewed for the City Council the
history of the development of this tract through the Planning Commission
and before the City Council, the various meetings that were held, and the
conditions under which the tentative maps of Unit I and II were approved
It was his recommendation after evaluation of the facts on record that
the final map of Unit II substantially was conformed with the approved
tentative map . He recommended that the Council approve the final map and
the subdivision agreement as presented by the Director of Public Works
Robert Strong also presented recommendations and a communication from the
Architectural Review Commission concerning the extensive grading proposed,
involving large amounts of dirt that would be moved from this development
to either adjoining properties or that would be hauled off It was the
Architectural Review Commission's feeling that this development was not
designed sensitive to the natural environment and that considerable changes
should be made so that less dirt would need to be moved They objected
to any grading involving adjacent property until proper studies to protect
the environment were provided for evaluation
Robert Strong also reviewed the recommendation of the Waterways Planning
Board regarding the development of Unit II and the adjoining property
proposed as an alternative grading deposition site
Councilman Gurnee, as Chairman of the Waterways Planning Board, reviewed
the studies made by the Board in the vicinity of San Luis Creek and stated
that any portion of land in Tract 467 that flooded in 1973 should not be
allowed to be graded thus endangering more land He recommended that no
grading or building be allowed on The property to the west of Unit I and II
without the filing of an Environmental Impact Report dealing with flood
were made and sent to the City Council
At the end of the discussion, Robert Strong stated that it was his under -
standing that approximately 60,000 cubic yards of dirt would be moved from
the boundaries of Unit 11, either to adjacent property or hauled away
He concluded that an Environmental Impact Statement should be prepared if
flood prone areas were proposed and recommended that the City Council
separate the consideration of Tract 467, Unit II, from any proposed off -
site grading
Councilman Norris stated that in light of the information presented by
staff he would approve the final map of Tract 467, Unit II, but the matter
of grading on land west of development should be continued to a later date,
subject to further consideration
Warren Dolezal, Developer of Tract 467, asked that the City Council do two
things
I Grant a grading permit for Tract 467, Unit II in accordance
' with the grading plan and final maps previously approved by
the City Council, and
2 That the City Council consider the placement of excess
material from Unit II grading on adjacent property to the
west of Tract 467 per the grading plan originally submitted
to the Planning Commission when a General Plan of the area
was presented for their approval
City Council Minutes
July I, 1974
Page 6
Councilman Gurnee stated that he was opposed to the development of Unit II
Just as he was opposed to Unit I He felt that the development of Unit I had
been less than a desirable development for the City He did not feel that
the City could expect anything better in Unit II He felt the main objection
to this tract was in the grading and removal of over 60,000 cubic yards of
dirt from Unit II to adjacent or other sites He felt the City Council should
not approve this type of operation
Councilman Norris stated that he felt thaT the final map of Unit II met the
conditions of the tentative map and that the City should accept the final
map in order to provide much needed housing for the citizens of San Luis
Obispo
Councilman Brown stated that he agreed with the Planning Director's conclu-
sions that the final map conformed to the tentative map, but that no grading
should be allowed in the off -site area that flooded in 1973 until further
evaluations were complete He asked how much on -site grading had already
occurred
D F Romero, City Engineer, stated that a small area at the southwest
corner of Unit 11 had been filled about 24 inches without a grading permit
but in accordance with the grading plan
Councilman Brown stated that the Council should accept the staff recommenda-
tion, the final map and the subdivision agreement
Councilman Graham felt appalled that this development could be started under
the planned unit development ordinance of the City of San Luis Obispo He
also questioned the movement of large amounts of dirt from this site to
adjacent sites without either a grading permit or an adequate grading plan
Mayor Schwartz stated that it was unfortunate that it had taken so long to
get this development completed, as memories had become clouded over the years
He stated that his greatest concern was the grading within Tract 467 and his
understanding that grading was designed to balance Unit I and Unit 11, at no
time could he recall considering excess dirt to be moved off -site from Tract
467 He agreed with the staff recommendation except he would not accept Unit
11 until he was convinced that there would be no danger of additional
flooding due to grading of flood prone areas
Councilman Graham moved that the City Council continue consideration of Tract
467, Unit II until additional reports are filed with the City Motion died
for lack of a second
Warren Dolezal, Developer, felt he and the sTaff had presented all the infor-
mation available on the on -site development and asked what additional reports
the City Council requested
Councilman Norris moved that the City Council accept the final map and
subdivision agreement of Unit 11, Tract 467 with the off -site grading to be
• separate issue to be discussed at a later date Motion died for lack of
• second
Robert Strong, Planning Director, again presented his recommendation that the ,
City Council accept the final map and subdivision agreement for Tract 467,
Unit 11, with no approval of moving soil or dirt to adjacent properties He
felt the Council should approve Unit 11, as it was in conformance with the
tentative map previously filed and approved by both the Planning Commission
and the City Council
City Council Minutes
July I, 1974
Page 7
On motion of Councilman Brown, seconded by Councilman Graham that the
final consideration of the map and subdivision agreement of Tract 467,
Unit II be continued to July 15, 1974 with the staff to provide Council
with calculations of flooding on that portion shown as flooded with Unit II
in the 1973 flood Motion carried on the following roll call vote
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
Mr Dolezal agreed to the continuance of this matter to July 15, 1974
Mayor Schwartz declared a recess at 9 45 P M
Meeting reconvened at 9 55 P M , all Councilmen present
7 A J Shaw, City Attorney, again presented to the City Council
the matter of the inoperative vehicles at 319 Branch Street, where the
City had made a number of attempts to have the occupant either remove
the vehicles or place them in an operative condition and register them
with the State of California
The City Attorney continued that this matter was originally investigated
and initiated as a criminal misdemeanor violation, had been filed with
the court Subsequent to the last Council discussion, the matter had been
in the court, at which time the property owner had signed an agreement to
move the vehicles by May, 1974, or enter a plea of guilty in the court to
a criminal misdemeanor violation He now refused to do either one, one
of the City's recourses was to request a new trial date
The City Attorney recommended, considering the vagaries of the criminal
trial system, including legal costs and time lost in appeals, etc , that
it would be more effective, expeditious and appropriate to implement the
provisions of the City's nuisance abatement ordinance, which had been
adopted since the September date when this matter went to court
He concluded that the City Council should initiate proceedings on a
nuisance abatement under the provisions of the Municipal Code Section 4400 3
Robert Strong, Planning Director, concurred with the recommendation of the
City Attorney and urged the City Council to proceed with a nuisance abate-
ment on this matter
E L Rodgers, Chief of Police, also informed the City Council that he
supported the recommendation
On motion of Councilman Norris, seconded by Councilman Gurnee the following
resolution was introduced RESOLUTION NO 2630 (1974 Series), a resolution
of the Council of the City of San Luis Obispo finding that a public nuisance
may exist upon the premises at 319 Branch Street and ordering a public
hearing on the same and the abatement thereof
E Woelfe appeared before the
City Council
with charges against the Police
Department, the City Attorney,
Jon Ecklund
of the Planning Department and
others as to the treatment he
had received
in the matter of removing his
inoperative vehicles from his
property He
stated that he felt he had been
harassed and mistreated by the
City, and he
felt there was some punitive
reason other than the vehicles, why he was
He concluded by stating that there were no
being persecuted by the City
inoperative vehicles on his
property at this time and all
vehicles on his
property were no operative
`
and registered
On motion of Councilman Norris, seconded by Councilman Gurnee the following
resolution was introduced RESOLUTION NO 2630 (1974 Series), a resolution
of the Council of the City of San Luis Obispo finding that a public nuisance
may exist upon the premises at 319 Branch Street and ordering a public
hearing on the same and the abatement thereof
City Council Minutes
July I, 1974
Page 8
Passed and adopted on the following roll call vote
AYES Councilmen Norris, Gurnee, Brown, Graham, and Mayor Schwartz
NOES None
ABSENT None
8 AT this time the City Council considered the final map and sub-
division agreement for Tract 522, Mission Gardens, Arnold Volny, Developer,
an apartment development on Peach Street, bounded by Mill between Nipomo
and Broad Streets
D F Romero,City Engineer, presented the final map for the City Council
stating that the map had been checked and was technically correct He
also reviewed for the City Council the subdivision agreement with the
following five special conditions
The developer shall pay to the City the sum of $5,400,
which is based upon the following formula, ($150 per
dwelling unit x 36 dwelling units This is the maximum
fee per dwelling unit as per Ordinance 610 in lieu of
Park Land dedication )
2 The developer shall pay to the City the sum of $967 72
for the purpose of street tree planting (.,967 72 lineal
feet of street frontage @ $1 00 per foot)
3 The developer shall construct curb, gutter and sidewalk,
bring Peach Street to subgrade and construct DI's, and
the City would provide and place the base material and
pavement
4 The developer shall construct curb, gutter and sidewalk
and bring Mill Street to subgrade except for the westerly
240 feet of frontage The City would provide and place
the base material and pavement
5 The developer shall construct a 6 foot A C bike path in
the street design area along the westerly 240 feet of
frontage along Mill Street acceptable to the School and
the City Engineer
Councilman Gurnee asked how the final subdivision map could come before
the City Council for approval when the buildings were practically completed
He also wondered why the building was started without the installation of
the two fire hydrants as required by ordinance
The City Engineer explained thaT this subdivision was also a condominium
planned development, and that the construction had been a- proved as
consistent with the planned development The final map was in agreement
with the tentative map previously approved by the Planning Commission ,
and City Council
On motion of Councilman Norris, seconded by Councilman Graham the following '
resolution was introduced RESOLUTION NO 2636 (1974 Series), a resolution
of the Council of the City of San Luis Obispo approving the final map of
Tract 522, Mission Gardens (Arnold Volny)
City Council Minutes
July I, 1974
Page 9
Passed and adopted on the following roll call vote
AYES Councilmen Norris, Graham, Brown, Gurnee and Mayor Schwartz
NOES None
ABSENT None
The City Staff was asked to report to Council regarding the reason why
the combustible construction was allowed to proceed without required
fire hydrant placement
9 Communication from Mr James F Maino objecting to the
recommendations of the wastewater management as proposed by the Water
Quality Control Board which would prohibit the City of San Luis Obispo
from placing effluent water into the creek He stated that for over
thirty years the ranchers along San Luis Creek depended upon this
water as a primary source of irrigation and that if the City were not
allowed to keep a certain amount of water flowing through the creek,
they would be unable to irrigate their pastures or water the cattle
He felt that this reduction in water would cause him to reduce the
number of cattle he could carry and the land that-could be irrigated
and would destroy the economic feasibility of his ranch as the adjacent
creeks all dried up in the summertime He felt that with present sewage
technology, there must be some way that the City of San Luis Obispo
could clean up the water sufficiently so that it could mix with natural
creek water without risk He felt his situation was not unique and that
there were a number of ranchers downstream who depended on this creek
for their livelihood He hoped that the City would object to the
conditions established by the Water Quality Control Board
City Engineer Romero stated that Mr Maino's views were in complete
agreement with those already presented to the Water Quality Control
Board
The communication was ordered received and filed, and that the Water
Quality Control Board be sent a copy
10 Memorandum from Robert Strong, Planning Director, on behalf
of Jack Kellerman, Chief Building Inspector, requesting that the City
Council consider an amendment to the Municipal Code increasing the
performance bond_requirements for house moving He stated that a
comprehensive revision of the Municipal Code was being prepared on
the house moving matter, but as a temporary measure, the proposed
resolution would require a minimum bond of $5,000 rather than the
present $1,000 to guarantee completion of site improvements in the
event the job of house moving was not diligently pursued
On motion of Councilman Gurnee, seconded by Councilman Brown the
following resolution was introduced RESOLUTION NO 2638 (1974 Series),
a resolution of the Council of the City of San Luis Obispo providing
additional bond requirements to guarantee site clean -up and job
completion when buildings are moved
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
July I, 1974
Page 10
On motion of Councilman Brown, seconded by Councilman Gurnee Consent Items
C -11 C -2, C -3, C -5, C -6, C -7, C -9, C -II, C -13 were all approved as indi-
cated below
C -1 The claims against the City of San Luis Obispo were authorized
payment, subject to approval by the Administrative Officer
C -2 The City Council minutes of April 11, May 1, 17, 28, 29 and 31,
and June 4 and 6, 1974 were approved as submitted
C -3 The following contract payments were approved
R B -ker Const
BULLOCK LANE SEWER EXTENSION
City Plan No 39 -74
R Burke Corporation
STREET RESURFACING PROJECT
City Plan No 35 -74
J D Concrete
Est #1 $4,117 09
Est #2 FINAL 457 46
Est #3 2,227 50
Est #4 FINAL 5,382 32
IOOF CEMETARY WALL CONSTRUCTION Est #1 2,967 45
City Plan No 41 -74 Est #2 FINAL 329 72
Walter Bros Const Cc
POLICE FACILITY CARPORT EXT Est #1 1,707 75
City Plan No 28 -74
Walter Bros Const Cc
ABATEMENT OF WATERWAY OBSTRUCTION Est #2 270 00
City Plan No 42 -74 Est #3 FINAL 335 00
Karleskint -Crum, Inc
MEADOW PARK, PHASE III Est #4 5,092 51
City Plan No 4 -74
C -4 On motion of Councilman Norris, seconded by Councilman Brown, a
motion was adopted authorizing staff to contact the City's assessment
attorney for preparation of necessary paperwork and institute assessment
district proceedings for widening Johnson Avenue within the existing right -
of -way (Plan "F ") adjacent to the Chase and Bilodeau properties
Passed and adopted on the following roll call vote
AYES Councilmen Norris, Brown, Graham and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
C -5 The claim against the City of San Luis Obispo by 14 members of
the Police Officers' Association dated June 20, 1974 was ordered received
and vi led
C -6 The memorandum from the Chief of Police regarding change in
working hours for Police Officers was set for discussion at the July 15,
1974 Council meeting
C -7 The memorandum from the Human Relations Commission requesting
Council authority to continue to employ Orloff Miller as Social Services
Coordinator for the first three weeks in July on a half -time basis was
approved
C -8 On motion of Councilman Brown,
that the City accept the recommendation of
Committee and that the Mayor be authorized
the Chamber of Commerce for the fiscal year
Councilman Gurnee voting no
City Council Minutes
July I, 1974
Page If
seconded by Councilman Graham
the Promotional Coordinating
to sign the agreements with
1974/75 Motion carried,
Councilman Gurnee stated that he felt that the Chamber of Commerce
in 1973/74 had done an excellent Job in promoting visitors for the
City of San Luis Obispo, but that he was opposed to promotion in
principle and could not approve this one contract
C -9 On motion of Councilman Brown, seconded by Councilman Gurnee
the following resolution was introduced RESOLUTION NO 2629 (1974 Series),
a resolution of the Council of the City of San Luis Obispo determining
the prevailing rate of wages for City Public Works projects for the year
July 1,'1974, through June 30, 1975, and ordering the publication thereof
Passed and adopted on the following roll call vote
AYES Councilmen Norris, Brown, Graham, Gurnee and Mayor Schwartz
NOES None
ABSENT None
C -10 On motion of Councilman Gurnee, seconded by Mayor Schwartz
the communication from Jack H Sausser, City Manager, City of Auburn,
urging City Council to contact League of California Cities requesting
support and concerted effort toward the passage of legislation to
prevent the unnecessary delay of approved public works projects was
ordered received and filed Motion carried, Norris voting no
C -II The request for sick leave in excess of one week for Raloh Soto
was approved
C -12 Consideration of current legislation was continued to July 8,
1974
C -13 The staff report on the requested rate increase from Central
California Communications Corporation (continued from 5/20/74) was set
for public hearing on July 15, 1974
B -1 The City Clerk reported on the following bids received for
MISSION PLAZA RETAINING WALLS, City Plan No 21 -74 Bids were opened
June 25, 1974 at 2 30 P M
Conco General Engineering $51,426 60
P 0 Box 511
San Luis Obispo, CA
Madonna Const Co $55,555 55
P 0 Box 910
San Luis Obispo, CA
On motion of Councilman Graham, seconded by Councilman Brown that the low
bid of Conco in the amount of $51,426 60 be accepted Motion carried,
all ayes
CiTy Council Minutes
July I, 1974
Page 12
B -2 The City Clerk reported on the following bids received
for CITY RECREATION CENTER ADDITION, City Plan No 27 -74 Bids were
opened June 25, 1974 at 2 00 P M
Walter J Schmid $25,400 00
2401 Alexander Ave., L 0 H
San Luis Obispo, CA
Wheeler Const Co , Inc $26,987 00
2650 Broad Street
San Luis Obispo, CA 93401
On motion of Councilman Graham, seconded by Councilman Gurnee That the
City accept the low bid of Walter J Schmid in the amount of $25,400 00
Motion carried, Councilman Norris voting no
The City staff was asked to look into the possibility of introducing
a change order to eliminate the addition of steam heat to this buillding
addition
B -3 The City Clerk reported on bids received for CULVERT
REPLACEMENT IN OLD GARDEN CREEK AT LINCOLN AND BROAD STREETS, City Plan
No 16 -74 Bids were opened on June 26, 1974 at 3 00 P M
Conco General Engineering $87,310 20
P 0 Box 511
San Luis Obispo, CA
A -C Construction
$92,097
60
1738 E Newbury Rd
Newbury Park, CA
Maino Const Co , Inc
$95 689
00
P 0 Box 1347
San Luis Obispo, CA
R Burke Corp
$99,680
00
P 0 Box 957
San Luis Obispo, CA
Madonna Const Co
$105,767
00
P 0 Box 910
San Luis Obispo, CA
On motion of Councilman Gurnee, seconded by Councilman Brown that the
City accept the low bid of Conco in the amount of $87,310 20 Motion
carried
The City Clerk presented two letters from the League of Women Voters
One suggested that the City Council take whatever steps were necessary to
amend the City Charter to change Election Day from the present third
Tuesday in April in the odd numbered year, to the first Tuesday after
the first Monday in March of the odd numbered year In this way the
City election would be held on the same day as the school elections
that have been done in the past
The second letter offered the services of the League in writing ballot
City Council Minutes
July I, 1974
Page 13
arguments for the City of San Luis Obispo Both letters were referred
to the next Council meeting for consideration
The City Council adjourned to Executive Session
The City Council adjourned at II 20 P M to 7 30 P M July 8, 1974
Motion carried
APPROVED November 4, 1974
r,
J
H F atrick, City Clerk
I
I
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, JULY 8, 1974 - 7 :30 P.M.
CITY HALL
_ Roll Call
Present: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse
Norris and Mayor Kenneth E. Schwartz
Amt: None
City Staff
Present: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; A.J. Shaw, Jr., City Attorney; D.F. Romero, City
Engineer; Robert Strong, Planning Director; Wayne Peterson,
Assistant City Engineer
Absent: None
Mass Transportation Committee
Present: Walter Rice, Steven Patterson, and LaVerne Schneider
Absent: None
1. At this time the City Council discussed with the Mass
Transportation Committee the proposed questionaire on bus service which
was to be distributed throughout the City and also a discussion of the
coordination of the county -wide transportation study.
D.F. Romero . City Engineer, again reviewed for the City Council the
questionnaire that was prepared by the Mass Transportation Committee which _
would be handled by students in the Transportation Class at Cal Poly, ques
tions computerized and reports made available to the various agencies.
Walter Rice. Vice Chairman of the MTC, explained the methodology and the
implementation of the questionnaire as proposed by the Committee.
The City Council, the Mass Transportation Committee members, and staff
discussed the proposal to have the transportation study made for the City
under direction of the MTC.
On motion of Councilman Gurnee, seconded by Councilman Brown that the
City Council approve the request of the MTC for the survey and authorize
the expendliture of $1,000. All ayes, no noes.
Walter Rice, Vice Chairman of the Mass Transit Committee, reported to
the City Council on the activities of the county -wide citizens committee
studying the county needs for transportation. He stated that he and Dr.
Jones, the other City representative, did not feel that the county com-
mittee and their consultants were doing an adequate Job to make recommen-
dations on various means of transportation within the county. He con-
, tinued that in his opinion, the consultants' approach"Mes not valid to
see what the citizens of San Luis Obispo county needed or desired.
D.F. Romero, City Engineer, reported that Dr. Jones, the City'Representa-
tive to the county committee, had originally been opposed to the consul-
tant hired by the Joint committee and was disappointed in the work being
accomplished under the county contract.
City Council Minutes
July B, 1974
Page 2
The City Council discussed with members of the MTC what could be done
to get the county -wide transportation study program going again on a
more positive approach.
John Brown, Chairman of the joint city- county area planning coordinating
council, suggested that the Area Planning Coordinating Council meet with
the Transportation Technical Committee for review of the consultants' -
contract and work to date.
Councilman Gurnee introduced the following resolution. That the City
Council Indicate that they were not pleased with the progress of the
consultants retained by the county -wide citizen studvino the countv needs
for transportation, and recommended that the technical committee and the
Area Planning Council meet to review the planning program and further that
the City would withhold funds If progress was not shown in coordination of
this program, and also that the City and staff contact Sacramento and see
what effect cancellation of the contract with the consultant would have
on future funds. Motion lost for lack of a second.
On motion of Mayor Schwartz, seconded by Councilman Norris the following
resolution was introduced:
RESOLUTION NO. 2632 (1974 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO REQUESTING THE AREA
PLANNING COUNCIL AND THE COUNTY REGIONAL
TRANSPORTATION COMMITTEE TO MEET IN JOINT
SESSION TO STUDY ACTIVITIES OF THE TRANS-
PORTATION CONSULTANT.
Passed and adopted on the following roll call vote-
AYES: CouncilmenrBrown, Graham, Gurnee, Norris and Mayor
Schwartz
NOES: None
ABSENT. None
. -t
Walter Rice, Vice Chairman, Mass Transit Committee, brought to the Council's
attention the matter of promoting the bus system in cooperation with the
Promotional Coordinating Committee. He felt that in order to promote the
bus system in the City a concentrated advertising program should be under-
taken by the City. He then asked permission of the City Council to hold
a press conference with all media representatives in order to try to get
cooperation in all public service announcements on radio, television, and
hopefully, In the daily paper. He felt that an advertising or promotional
program would add riders to the bus system and if this happened they would
reduce the transportation subsidy.
On motion of Councilman Brown, seconded by Councilman Graham that the City
Council approve the request for a media luncheon on bus transportation ad-
vertising as recommended by Mr. Rice, motion carried, all ayes, no noes.
2. Robert Strong, Planning Director, asked the City Council
for direction for appointment of a citizens' advisory group to work with
the Planning Consultant as they brought the general Plan to completion un-
der the existing contract. He suggested a "forum" composed of the County
Planning Commission, Airport Law Use Commission and Ad Hoc Resource Inven-
tory Committee, as well as representatives of various other city commit-
tees and interested citizens, to meed with the City Planning Commission.
City Council Minutes
July 8, 1974
Page 3
He recommended that the City Council involve members of presently ap-
pointed advisory boards and committees already familiar with community
problems and potentials, and he suggested that the Council invite these
groups to meet with the Planning Commission- during three or four meetings
regarding the General Plan Revision Program,
The City Council discussed the recommendation of the Planning Director
for a forum of citizens.to hear the General plan presentations by KDG.
The Mayor suggested that a letter be sent to all Charimen of the citi-
zens' advisory committees to attend the City's Planning Commission meet-
ings to include invitations to representatives of boards and commissions
in addition to members of the County Planning Commission, Airport Land
Use Commission, and the Ad Hoc Committee on resource inventory,
On motion of Councilman Brown, seconded by Councilman Graham authorize
the Mayor to tender Inv tatlons �� on behalf of the Council to take part
in presentations by KDG and,other planning consultants. Motion carried,
all ayes, no noes.
3.. At this time the City Council considered current legisla-
tion and took action on the following bills as follows:
On motion of Councilman Brown, seconded by Councilman
Graham that the City Council OPPOSE Senate Bill No, 2408 (Behr)
State Licensing of all Peace Officers. Motion carried, all coun-
cilmen voting aye.
On motion of Mayor Schwartz, seconded by Councilman
Brown that the City Council OPPOSE AB 3135 (Fenton) Fire and Public
Safety Regulations and Organizational Enforcement. Motion carried,
' all councilmen voting aye.
On motion of Councilman Gurnee, seconded by Councilman
Graham that the City Council SUPPORT AB 3159 (Z'Berg, etal.) Bev-
erage Containers - Pop -Tops Prohibited. Motion carried, all coun-
cilmen voting aye.
4. Councilman Gurnee brought the City Council's attention the
action taken on July I, 1974 by the County Board of Supervisors to rezone
forty acres of the Dantey parcel to a manufacturing - industrial classifi-
cation. He informed the City Council he feels this action had many serious
ramifications for the City, which Included:
a, inconsistency of the rezoning with the City's General
Plan,
i
b, inconsistency of the rezoning with the County's General
Plan,
c. implications on City services and facilities, esoecially
water and sewer services which the Regional Water Quality
Control Board was attempting to force the City to pro-
vide in unincorporated areas to the San Luis Creek Re-
gion, •,
d, the evident lack of control by the City of development
within its urban reserve.
He submitted for the Council's consideration maps of the General Plan of the
County and also for the City, and also a resolution for the Council's con -
sideratlon advising the County Board of Supervisors and state'agencies that
the City did not feel obligated to provide water and _ sewer service to a
forty acre real property parcel recently zoned industrial by the County of
San Luis Obispo, and further requesting that the Attorney General investigate
said rezoning to see if it was in compliance with state law.
City Council Minutes
July 8, 1974
Page 4
A.J. Shaw, City Attorney, presented each member of the City Council with
a copy of the Government Code, State of California, Section 65860 en-
titled "Consistency of zoning ordinances with general plan; actions to en-
force compliance; amendments."
Robert Strong, Planning Director, reported to the City Council on his pre-
sentation before the County Planning Commission and Board of Supervisors
objecting to the rezoning of the Danley property. He noted that the City
requested denial or continuance of the proposal because it was contrary to
the present General Plan, currently being revised. He had attempted to im-
press the'Suoervisors with the fact that General Plan revision studies
would provide a complete analysis within a few months and until existing
plan conflicts are resolved, approval of rezoning would 1 e inconsistent and
premature. ,
Councilman Norris read from the minutes of the County Board of Supervisors
Meeting which rezoned the Danley property, and submitted reports on the
Board of Supervisors approval of the rezoning.
Councilman Gurnee felt the Council should act tonight to begin the pro-
cedures to stop the completion of the rezoning of the Danley property.•
Councilman Norris, felt that the land around the airport should develop to
industrial uses. He also felt that the existing City General Plan was in-
appropriate for this part of the County area. He also felt that this land
was in the County and was in the area of responsibility of the Board of Su-
pervisors and that the City should respect their opinion. Further, he felt
that the resolution proposed by Councilman Gurnee was Inaccurate and full
of half truths and should not be considered for adoption by the City Council.
He also objected to asking the State Attorney General to enforce County zon-
ing ordinances. He would oppose the adoption of the resolution.
Councilman Brown stated that he too was opposed to asking the Attorney '
General to come In and enforce County General Plan laws, although he did
agree with conditions of sewer and water extension to the County area, and
would support a portion of the resolution dealing with this matter.
Councilman Graham said he would agree to the conditions of the resolution
dealing with the extension of water and sewer. And he would like to con-
tinue consideration until the City General Plan had been amended and up-
dated.
Mayor Schwartz felt that due to the lateness in the hour and also due to the
seriousness of this issue, he felt that this should be continued to a re-
gular scheduled City Council meeting so that input could.be received from
the public, enabling the City Council to make an informed decision based
on the public's testimony.
On motion of Mayor Schwartz, seconded by Councilman Brown the matter was
continued to the meeting of July 15, 1974 for further consideration.
5. On motion of Councilman Norris, seconded by Councilman
Gurnee the following resolution was introduced:
RESOLUTION N0; 2631 (1974 Series)
A RESOLUTION INCREASING THE 1973 -74 BUDGET.
Passed and adopted on the following roll call vote: '
AYES: Councilmen +Norris, Gurnee, Brown, Graham, and Mayor Schwartz
NOES- None --
ABSENT: None
City Council Minutes
July 8, 1974
Page 5
6. At this time the City Council discussed the Volny planned
development on Mill Street, part of Tract 522, dealing with the requirement
which would raise the building floors by 18 Inches in order to provide flood
protection.
The City Engineer stated that since no grading was necessary or implied other
than underneath the buildings, the Public Works Department did not condern
itself thereafter with earth work on the site.
Mr. Volny apparently chose to Import fill under the building sites and cons-
truct slabs. It had been the long -time understanding between the Building
Department and Public Works Department that earthwork conducted only under
a building would fall under the Jurisdiction of the Building Department.
Therefore, soils reports, compaction reports and all other submittals were
made only to the Building Department.
Upon receipt of the Council memorandum of July 3, 1974 the City Engineer
and Chief Building Inspector visited the site and found that the contractor
had placed an excessive amount of fill material near the buildings and had
placed a stockpile of an adobe type of material interspersed with rubble
near the southerly corner of the property. All of this was done without
specific approval from either the Building Department or the Public Works
Department. It appeared that some of the material had been placed within
the public right -of -way and that a number of trees were endangered by
this earthwork.
The Chief Building Inspector, Jack Kellerman had indicated that he would
instruct Mr. Volny to submit an acceptable grading plan or take immediate
corrective measures on this matter.
Councilman Gurnee stated he objected to the activities of the City Engine-
- er s office is not enforcing the grading provisions of the Municipal Code.
He then read applicable sections of the Municipal Code dealing with sub-
divisions and grading thereon,
Robert Strong, Planning Director, stated that he agreed with the report
of the City Engineer, Past practice had been that any grading under a
building would be handled by the Building Department and any other on site or
off site grading would be handled or inspected by the Public Works De-
partment.
The City Council discussed with the staff some way of setting a procedure
or getting cooperation between the building inspector and the City En- J
gineer on plans and preparation of grading construction development within
subdivision so that the C Ity Council did not have to review in detail each
development and each movement of dirt within the City.
Robert Strong, Planning Director, agreed that an improved procedure could
and should be established to coordinate the inspections of both the Public
Works Department and the Building Department, particularly in areas where
responsibilities might overlap such as in the Volny development.
Arnold Volny, developer, re8iewed development of his planned development
on Mill Street, stating that the grading in question was basically in ac-
cordance with the approved plans and grading permits of the City.
The staff was instructed to resolve an improved procedure for coordination
of inspection of grading on subdivisions, particularly planned development.
On motion of Councilman Brown, seconded by Councilman Gurnee the meeting
adjourned.
-APPROVED November 4, 1974/`l
i� 'a' patnck, City Clerk
I
I
Pledge
Roll Call
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
Monday, July 15, 1974 - 7 00 P.M.
City Hall
Y `AP
PRESENT John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris, and Mayor Kenneth E Schwartz
ABSENT None
PRESENT J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr ,
City Attorney, William Florv, Director of
Parks & Recreation, E L Rodgers, Police
Chief, D F Romero, City Engineer, Lee Schlobohm,
Fire Chief, Robert Strong, Planning Director
1 The City Council held a public hearing on the request of Central
California Communications Corporation (Cable TV) for a rate increase in
monthly subscription rates
The proposed new rate structure to be $5 60 pen month for the first residential
outlet, $1 25 per month each additional residential outlet, $5 60 per month
' first commercial outlet, $2 25 per month each added commercial outlet
The City Clerk briefed a report from the City Finance Department reviewing
the staff analysis of the request by Central California Communications
Corporation
Representatives of the City Finance Department and of the cable television
company met to review operating statements and worksheets of the cable company
The report of the cable company was reviewed It contained primarily descriptive
narratives on their CATV current and projected operations and listed the cost
of current operations and the cost of system improvements and additional costs
It was the conclusion based on the data disclosed, that the increased rate sub -
mitted by CCCC did not create an inequity and financially a rate increase was
justified
Art Hapgood, General Manager, Central California Communications Corporation,
reviewed for the City Council a lengthy report submitted to the Council at a
prior meeting and for review by their staff discussing the background for a rate
increase by the cable television company They reviewed service being
provided to the citizens of San Luis Obispo, cost of doing service within the
City-,of San Luis Obispo, and examples of increased cost to the cable company as
the years went by For example, he listed the difference in the cost of a
mainline amplifier in 1966 at $286 88 while in 1974 the same amplifier now
cost $399 30, an increase of $112 42, or over 39 percent increase in one item
' alone He felt that based on their experience, further costs increased at least
another 30 or 40 percent'
Mr Hapgood also reviewed for the City Council various improvements being
planned by the cable company to provide better service to the subscribers in
San Luis Obispo and, of course, in its surrounding area
The City Council discussed with Mr Hapgood various parts of the Central Californa
Communications Corporation application for a rate increase, particularly some of
the plans being made for improved service and for extension of service to
subscribers
City Council Minutes
July 15, 1974
Page 2
Mayor Schwartz declared the public hearing open on a rate increase request for cable
television
Peter Andre stated he had no objection to a rate increase to the cable company but would
like to knrnv if there was some way he could get a clearer picture on his cable television
Mr Hapgood was given Mr Andre's address, and he stated one of his staff members
would look into the service pattern in his neighborhood
Woody Goulart, 3002 Bahia Court, stated he was not opposed to the rate increase, but
he personally did not like the channel selection ortprogramming as presented by CCCC
on the present cable television He then submitted a list of channels and programs that
he would like to see on cable television He particularly felt that full -time educational
channels should be provided San Luis Obispo citizens, particularly the San Francisco
channel which now shares the cable with a commercial station in Oakland so that sporting
events could be brought into San Luis Obispo
Joe Hample stated that he was opposed to rate increase requested bN CCCC He felt the
rate that they now charged was too high
Roy Steffica would like CCCC to give some consideration to two types of service charges
One for die normal subscriber, and one for senior citizens
Maynard Marquardt was opposed to the rate increase He felt that programming first
should be improved before -any consideration is given to increased rates
Lloyd Lamorit, 281 Hathway, was opposed to the rate increase without a studv by a
citizens committee to see if there was some way of getting better programming
Ed Zuchelli, 1667 Royal Way, felt cable T V programs could be improved, but he did
feel that a rate increase was justified
Mayor Schwartz declared the public hearing closed '
R Muravez, Assistant Director of Finance, again reviewed the report of the City
Finance Department recommending a rate increase to the cable television company He
stated that a review of the financial statement for the past five years revealed a fluctuating
profit margin on CATV operations, from 3 2 percent of gross revenue to 24 7 percent
before taxes Over the five -year period the average margin was 13 7 percent of gross
revenues However, the return on investment was what kept business in business A
comparison of 1974 before taxes income against the book depreciated value of fixed assets
and prorated current assets revealed a return of 14 3 percent It should be noted, however,
that the current cost of capital to CCCC was 12 5 percent, which left a before tax margin
of only 1 8 percent Based upon this and current cost trends, their conclusions that CATV
operations would only break even in the next year had a high degree of validity
On this basis, he felt that a rate increase was justified
Councilman Gurnee stated ]he felt he had received more complaints regarding
cable television than anv other service provided in the City of San Luis Obispo He
felt the figures presented showed a need for rate increase, but he felt that no action
should be taken by the City Council on the request this evening The franchise should
be opened up and programming improved He also felt that no increase should be made
to citizens over 65 years of age He also felt that an installation charge should be made
within the City of San Luis Obispo rather than a deposit, which he felt might help CCCC
keep their cost down
Councilman Norris stated he felt that a rate increase was justified based on the figures
presented He felt that the service was good, and he felt that he would rather stick to
a refundable service charge rather than a one -time installation charge He also felt ,
that CCCC tried to provide good cable television service, and further, he would have
no objection to the cable company reviewing their programming to make more people
satisfied While he agreed with the thought to reduce the rates for senior citizens,
he felt that the additional bookkeeping and accounting necessary would just add cost to
the operation of the cable company
City Council Minutes
July 15, 1974
Page 3
Councilman Brown stated he felt CCCC should look into adding installation charges
to see if dus would help their revenue picture He also felt they should look
into programming changes as suggested He felt that an increase was justified,
but would like to continue the matter to the August 5 meeting for further
information on installation charges and program changes
Councilman Graham felt that a rate increase was justified, but would like to
see some consideration for senior citizens and other people on fixed incomes ,
so that they could continue to receive cable television He, too, would like
to see this matter be continued so that CCCC could come back with suggestions
on a special rate for senior citizens and program changes if possible
Mayor Schwartz stated he felt that the evidence showed a rate increase for CCCC
was justified He felt that labor and material costs as shown, that costs had
gone up and profit had gone down He felt the suggestion to consider an instal-
lation charge might help CCCC in their search for additional revenues He,
too, felt that some program changes were in order, particularly, in bringing full -
time educational channels into San Luis Obispo
Mr Hapgood, General Manager, CCCC, stated that under the federal communication
regulations dated 3/1/72, they were the only agency that could approve any channel
changes Therefore, neither CCCC or the City Council could change the stations
covered He also wished to make the Council aware that if an application were
made to the FCC for program changes, it was their opinion that the FCC would
reduce the number of stations on the cable, as they were attempting to make a
uniform type of cable service to subscribers It was his opinion that the CCCC
cable in San Luis Obispo would be reduced to the three major networks, each having
one channel, one independent channel and an educational channel, which would take
a nurrb er of selections now on theicable off in this area
The Attorney for CCCC felt that, based on financial records presented changing
to an installation charge rather than a deposit would not increase revenues to
any extent Also a special rate for fixed- income individuals would be an
administrative headache for the company to manage
On motion of Councilman Gurnee, seconded by Councilman Graham that this
matter of rate increase be referred to the Citizens Advisory Committee to
see if a rate increase was justified, and further to look into
1 Need for microwave improvements
2 Possibility of program changes
3 Possibility of a reduced monthly service
charge for citizens over 60 years of age _
4 Clarification of the definitions of household and
commercial service outlets
5 Consideration of initiating a service installation
charge rather than the present deposit and /or
monthly rate increase, and
6 The impact of having all households stay within
the $4 60 per month bracket, with the Citizens'
Advisory Committee to bring a report back to the
City Council within thirty days
Motion lost on the following roll call vote
AYES Councilmen Graham -and Gurnee'
NOES Councilmen Brown, Norris and Mayor Schwartz
ABSENT None
City Council Minutes
July 15, 1974
Page 4
Councilman Brown stated that he was opposed to referring this important matter to the
Citizens Advisory Committee He felt that CCCC should make the report to the
City Council witli the City Council making the final decision
Councilman Norris stated he too was opposed to referring this matter to the Citizens'
Advisory Committee He felt the City staff and CCCC should come up with the
required information
Mayor Schwartz also felt additional information should be provided by CCCC for
staff review
On motion of Councilman Graham, seconded by Councilman Gurnee that the City staff and
representatives of CCCC gather additional information on the request for cable T V
rate increase to include the following
Justification for microwave improvements
Possibility of institutmg program and channel
changes to bring in full -time educational
channel
Possibility of a reduced monthly service charge
for citizens over 60 years of age
Clarification of the definitions of household and
commercial service outlets
Consideration of initiating a service installation
charge rather than the present deposit and /or
monthly rate increase , and
The impact on CCCC revenues if all domicile
residences were charged the $4b0 per month
service fee with the completed report to the
City Council by August 5, 1974
Motion carried on the following roll call vote
AYES Councilmen Graham, Gurnee, Brown, Norris and
Mayor Schwartz
i
NOES None
ABSENT None
2 A J Shaw, City Attorney, reviewed for the City Council his letter of
June 21, 1974 dealing with the claim for unpaid wages by the Police Officers'
Association He stated that he had reviewed the claim which had been signed by
fifteen officers under penalty of perjury, alleging that the City owed them three
years' back wages for an extra fifteen minutes worked each day This "extra
work" was based upon the officers' allegation that they "work" during their half -hour
lunch period because they are "on -call' -
Under the law as it has existed up to now in California the City Attorney stated that
he did not believe that their money claim had any substantial validity because California
law has consistently held that public employees are entitled only to such compensation as
is specifically authorized by ordinance, resolution or other rule or regulation of the ,
public agency However, beginning January 1, 1975, the provisions of the Federal Fair
Labor Standards Act would control the calculation of the number of hours actually worked
by public employees
City Council Minutes
July 15, 1974
Page 5
Since the adoption of the FLSA in the 1930's, the federal government had
considered various claims by employees that they should be paid for their
lunch hour time because they actually worked during their lunch hour
Although there were no firm guidelines, it seemed that the cases had
usually been decided upon the question of the frequency of the interruption
of the employee's lunch period for the purpose of performing duties connected
with his lob
He continued that the Police Officers' Association maintains that since they
attended a mandatory fifteen - minutes squad meeting before each dailv
shift and were on call during their lunch break, they actually worked
8 -1/4 hours a day The City contenddd_that the :i officer s•actually worked
only 7 -3/4 hours of the day (8 -1/4 hours minus the 30 minute lunch
period) The City Attorney suggested to resolve this dispute and to
avoid violating the Federal Fair Labor Standards Act that the City have its
officers report for 8 hours of actual on duty patrolling, and take a half
hour meal break by returnmg their police unit to the police station and then
have the half hour free
E L Rodgers, Police Chief, stated upon question that the new procedure pro-
pose would add further damage to an already poor morale in the City Police
Department He felt that in an emergency one of the administrative personnel
could help the on -duty officers as back -up Upon further question, the Chief
admitted that the meal problem existed now except that the officers at lunch
did have a City owned vehicle with them at all times wherever he went to eat
and could be called back if necessary
The Chief concluded that since the City normally only had four patrol units in
the field at any one time, the new policy of requiring police officers to take
their meal periods away from the police cars would leave six hours in the
twenty -four hour day when only three units would be on patrol
R D Miller, Administrative Officer, read for the Council's information
e efhnitions of meal period from the Federal Fair Labor Standards Act
under which the City of San Luis Obispo-now must comply
Mayor Schwartz declared the public hearing open
Richard Carsel, Attorney for t1E San Luis Obispo Police Officers' Association,
complimented the actions of Police Chief Rodgers and his support of the
Police Department of San Luis Obispo He then reviewed a 1972 California
case (L A Fire & Police League v City of L A - 23 Ca367) dealing with meal
time for police officers, and he stated that unless a police officer was com -
pletely relieved from duty for his meal period, then it was his opinion that
the officer was on duty and had to be paid for such duty Further, he felt
that if the officer was relieved from duty the City was actually losing the
services of one patrol car Therefore, he felt that the City Council was not
doing a service to the Community in providing adequate police protection
He then asked that the City Council reject the proposal of the City Attorney
to change the working conditions of the Police Officers dealing with their
meal breaks
Officer Ed Martin, President, Police Officers' Association, read a letter
dated July 12, 1974 from the Police Officers' Association to the citizens of
San Luis Obispo asking them for public support on the issue of bemg paid
for the police officers' meal times ! i_.
' Policeman Robert Downey,read a letter from Mary and Paul C Hasson,
390 Cerro Romauldo, San Luis Obispo, supporting adequate pay and improved
working conditions for police officers He agreed with the comments that
the morale in the Police Department was at a new low, and if the new rule
was implemented, it would sink even lower He also stated that he felt
by reducing this on -duty time, the Council was placing the citizens in jeopardy
and his particular life in danger
im Hensle stated that he was in support of the Police Officers' position for
time -an a- if for each fifteen minutes of overtime worked daily
Mrs Robert Downey, stated she was in support of the police officers'
request or pay during meal period
City Council Minutes
July 15, 1974
Page 6
Helen King stated she too was in support of the police officers' request to be paid for
lung periods that should be on -duty for the full eight hours
Joe Little, President of the County Sheriff Officers' Association stated that
all deputies were paid during their lunch hours, and he could not imagine how
it could be done otherwise
Larry Gay, 130 Broad Street, stated he too was in support of the Police Officers'
request to be considered on -duty during meal periods
Ron Bryant, Police Officer of Morro Bay, felt that police officers should be on
duty during their lunch periods, and that they also should be paid for this time
Ken Jones, Santa Rosa Street, spoke in support of requests foi the police officers
to be paid for their meal periods and not be off -dutv
Shirley Souza, Mustang Drive -In, Foothill Blvd , felt that police officers should be
paid for their meal periods She felt that back pay should be paid to be fair to
everyone
John Da le stated he was in support of the Police Officers' Association claim for
back pay and also felt they should be paid for their meal times
Dennis)diansen in support of the Police Officers' claim for back pay, and he also
felt they should be paid for meal periods He felt that the police morale in San
Luis Obispo should be improved as lie understood that at the present time it was
quite bad
Mayor Schwartz declared the public hearing closed
E L Rodgers, Police Chief, again explained the existing meal policy of the ,
Police Department of San Luis Obispo I
Richard Carsel, Attorney for the Police Officers' Association, asked that all they
were asking was that the City not implement the proposed changes in working hours
A Shaw, City Attorney again explained the reasons for considering a change in
the mea periods for Police Officers due to the recent claim filed and the provisions
Of the Federal Fair Labor Standards Act
E L Rodgers, Police Chief stated that if the City Council adopted the new hours and
if the program were implemented, lie would like to see three new police officers, one per
shift added to cover meal times
Councilman Gurnee stated he was opposed to the proposed change in working hours due
to the proposal to relieve policemen for meal periods He urged the City Council to
reconsider the direction to the negotiating team and allow time and one -half for all
hours worked over eight hours He felt that the City Council should reject the staff
proposal and order theCity staff to go lack to the negotiation table and give police officers
a ten percent salary increase, and time and one -Half for overtime
Councilman Norris stated that he did not feel that there was any hostility betwden
the City and the Police Officers' Association, but just a question of whether the police
officers worked 7 -3/4 hours per day as the City contended or 8 -1/4 hours per day as the
Police Officers contended He wondered if they should be paid on the days they worked
their lunch hour and not paid when they were not called back ,
A J Shaw stated that he believed that under the Federal Act, the City will be required
to pay officers for "on -call" lunch hour periods, whether or not they are actually called
out Therefore, the policy should be that they either are on duty or off duty, not a
combination of work and non -work
City Council Minutes
July 15, 1974
Page 7
Mayor Schwartz questioned the timing on the claim dealing with meal periods _
as he had een practice foi over twenty years, and he wondered why the
claim was filed at this time He continued that the conditions of employment
in the Police Department had been known for many years by all men employed
by the City Police Department which involved the one -half hour lunch periods and
the fifteen minute briefing period before going on shift He concluded he did
not feel that the City Council had all the information needed to make a decision
on this matter at this time such as
1 Future costs of the extra fifteen minute
work day, and
2 How many times in the past were meal periods
interrupted and the police officers called back
Councilman Graham stated that based on the evidence presented he would
reject the propose new working conditions as proposed by the City staff
On motion of Councilman Gurnee, seconded by Councilman Graham
1 That the City Council table consideration of
working condition changes,
2 The staff bring back cost of paving officers
for 8 -1/4 hours per day on a straight -time
basis, and also on a time - and - one -half basis,
3 How many times in the past five years have lunch
periods been interrupted during the work day
Motion lost on the following roll call vote
AYES Councilmen Gurnee, and Graham
NOES Councilmen Brown, Norris and
Mayor Schwartz
ABSENT None
On motion of Mayor Schwartz, seconded by Councilman Brown that consideration
ing condit
of the workion changes be continued to August 5, 1974, that the staff
bring back the cost of paying officers 8 -1/4 hours per day on a straight -time
basis, and also on a time - and - one -half basis, and also how many times in the
past had Lunch periods been interrupted during the work day
Motion passed on the following roll call vote
AYES Mayor Schwartz, Councilmen Brown
and Norris
NOES Councilmen Graham and Gurnee
ABSENT None
3 Continued discussion by the Citv:Council of the County,Board of
Supervisors' action in rezoning the Danlev property on Edna Road Continued
from July 8, 1974
Councilman Gurnee stated that following the meeting of July 8 during which the
Danley rezoning issue was discussed by the City Council, he felt the Council
action recommended in his proposed resolution could be more clearly stated
and simplified
City Council Minutes
July 15, 1974
Page 8
He continued that in view of the Council's division over the two action clauses of the
original resolution, the issue of land development in the urban fringe and methods to
require the County to comply with the General Plan should be dealt with separately
Therefore, he was now proposing two new resolutions for the Council's consideration, each
built around one of the two action clauses of the original resolution
He continued that at the July 8 meeting the "WHEREAS" clauses of his original resolution
Upset some of die members of the City Council, he felt these clauses reflected his
own opinion and served as verbal justification for the proposed action of the Council
Since the first resolution attached for consideration this evening was built around '
essentially the same clauses, they served as his justification for proposing these
actions
Resolution 1 embodies and expands upon the first action with the following changes
1 While this resolution was build around the "WHEREAS"
clauses of the original resolution, these clauses had been softened,
but not so much as to compromise the proposed actions
2 The action clause had been expanded
A to include a request to the Countv to rescind
their rezoning of the Danley property,
B to lend increasing importance to finding a
vehicle whereby both the City and the County
would have a parity of power in controlling
development within the urban fringe,
C L to expand upon the "minimum" conditions which must
be met before City services would be extended to a
development nrnv in unincorporated territory
Resolution 2 as proposed by Councilman Gurnee was a request for action by the ,
Attorney General to require the County to comply with its General Plan and differed
from the original resolution as follows
1 The basic change in this resolution was that of devising
another set of "WHEREAS" (clauses to support the particular
resolution These clauses were worded in such a way as to
maximize the chances for the Attorney General to honor
the City's request for this intervention
Councilman Gurnee then read for the Council's information both resolution 1 and 2
as amended for their consideration
The City Clerk presented a letter from the Department of Administrative Management,
Airport Land Use Commission, stated that it had been called to their attention that the
City Council was in the course of hearings on land uses in the area of San Luis Obispo
airport, and there apparently had been some confusion as to the regard of the plannmg
by the Airport Land Use Commission
This letter was to advise the City Council that the official Airport Land Use Plan for
the San Luis Obispo County Airport was formally adopted after public hearings by
the Airport Land Use Commission on December 12, 1973, in accordance with
Section 21675 of the Government Code Copies of the Plan were distributed to the City
Council and a presentation explaining the Plan was made to the City Council on
March 18, 1974
The Plan was effective upon its adoption by the Airport Land Use Commission and
did not require the endorsement or adoption by the Board of Supervisors or any
City Council
As to the legal affect of the plans adopted by the Airport Land Use Commission, they
respectfully directed the City Council's attention to Section 21675 of the Government Code
City Council Minutes
July 15, 1974
Page 9 �r
The City Clerk then read a letter for the Council's consideration from the
Environmental Center of ,San Luis Obispo, signed by the Chairperson,
Elizabeth H Webre, enclosing a resolution of the Board of Directors of
ECOSLO supporting a resolution of the Council of the City of San Luis
Obispo advising the County Board of Supervisors and the state agencies that
the City did not feel obligated to provide water and sewer service to a
forty acre real property parcel recently zoned industrial by the County of
San Luis Obispo, and requesting the Attorney General to investigate said
rezoning
The Environmental Center was greatly concerned that sound planning policies
be followed by the City Council It was obvious that the decision made by the
County Board of Supervisors was inconsistent with the General Plans of both
the City and the County of San Luis Obispo They strongly urged the City to
support the formation of a joint City-County Planning Board to preside over
development and planning withing the urban reserve lines If this policv
was adopted through mutual planning and decision making, problems such
as the Danley might no longer exist
Councilman Brown stated that he�felt the discussion of the Danley property
involved technica sties of state law in that all zoning must comply with an
adopted County and City General Plan
Robert Stron Planning Director,- reported that both the 1965 General Plan
a opted y t e County as well as the City) and the 1972 City General Plan
(adopted only by the City) show the Danley property as low density residential
uses He then reviewed for the City Council both Use County and City
General Plans and also the Airport Land Use Plan in the vicinity of the airport
The Airport Land Use Plan designated agricultural certain residential and
industrial uses compatible
Councilman Norris asked if the latest letter and resolution of Councilman
Gurnee had 56—en--T-Stributed to the public
Councilman Gurnee stated "no ", that only the City Council had received the
new information
Fred Stron , Executive Secretary of Citizens' for Environmental Balance and m1E conability, spoke in support of the County action in rezoning the
Danley property to industrial uses He objected to the implication of the
resolutions proposed by Councilman Gurnee in calling for help from the
State Attorney General and also references to the Water Quality Control
Board action He stated he felt this was an attempt by Councilman Gurnee to
blackmail the County by proposing the refuse to serve the properties with
City services such as sewer and water He also objected to the other, provisions
of the proposed resolutions as he felt that they did not present factual information,
were unrealistic in demanding that the County Government turn over control of
County land for Citv decision making He felt that these resolutions were
unnecessary and were an attempt to ursurp the power of the County of San Luis
Obispo
Don Rosenfield, ECOSLO stated that he was in support of the resolutions
opposing the rezoning of the Danley property
Ann Shoup, Tanglewood Drive, stated she was opposed to the County action and
supported the adoption of the resolutions as presented
Dr Fields stated that if this rezoning in fact was illegal, and if the action of the
Supervisors was illegal then the City Council must support the resolution and
stop the rezoning and make the supervisors comply with state law
City Council Minutes
July 15, 1974
Page 10
Don Smith stated he was opposed to the action of the Board of Supervisors as he felt
it was an illegal act in rezoning the Danley property He urged support of the
resolution
Dan Hoffineister, Serrano Drive, was opposed to the Danley rezoning and, urged Council
to support the resolutions in opposition
Roy Garcia Edna Road, stated that he was in support of the Danley rezoning He '
felt that this was the only way for a property owner to pay his taxes and to recoup
his investment in the land He felt the County Planning Commission and Supervisors
did the right tlungiin,rezoning this property
Joe Cardoza, Edna Road, stated that he was in support of the County action of rezoning
the Danley property He felt it was unfair for a City to continue to stop development
in the County area He felt it was only fair to property owners to be allowed to develop
their propertv to their best use and he further felt it was unfair for a small group of
citizens to stop all development in the County of San Luis Obispo
Charles Wiswell, Swift Aire, stated that he was in support of the action of the County
in zoning the Danley property for industrial uses He felt that this use would be better
in the vicinity of the airport than residential use in order to avoid future conflict
between flights and residences
Joe Cresione, member of the Airport Land Use Commission, stated that his com-
mission supports the action of the County in rezoning the land adjacent to the airport
to industrial uses He continued that the Airport Land Use Commission felt that
commercial, industrial, agricultural uses were compatible to the airport and that
residential properties and developments were not And they, therefore, would
oppose residential uses near the airport
Althea Meister, property owner, stated she was in support of the County action in
zoning he Danley property to industrial .uses She assured the City Council that this
land was not suited to intensive agricultural uses '
W L Danley, property owner, read for the Council's information die regulations
that the Airport Land Use Commission must follow in general planning of land
adjacent to airports He felt that under the rules of the Airport Land Use Commission
that they had the final say as to the uses in the sphere of influence of the airport
He felt that the Board of Supervisors had complied with the state directives He
then reviewed for the City Council his attempts to develop and annex his property
on Edna Road to the City of San Luis Obispo He concluded by objecting to the
tactics of Councilman Gurnee to stop any use that could be made of the land he owned
All he asked was that the City Council leave him alone and allow him to develop
Ills property under County laws and regulations
Jim Philbin, President, San Luis Obispo Pilots' Association, stated that he was in
support of the County action in rezoning the Danley property for industrial uses
He felt that industrial was a logical use of land adjacent to an active public airport
Mayor Schwartz declared the public hearing closed
The City Council discussed the testimony received on the action by the Board of
Supervisors in rezoning the Danley property to industrial uses
Councilman Norris stated he was in support of the County Board of Supervisors' action
in rezoning the Danley property for industrial uses He felt this was a logical use
of land, and he was opposed to the use of this land for residential purposes He was
also opposed to the Council adopting the resoltuion before them at this time
i
City Council Minutes
July 15, 1974
Page 11
Councilman Brown stated he was opposed to the resolution asking for the
Attorney General to come into the act He would support a resolution
notifying the Water Quality Control Board and the County Supervisors that the City
would not serve sewer and water to this property He felt the industrial zoning was
more logical near the airport, and he was sure this would be supported in
court
' Councilman Graham stated he was opposed to the rezoning of the Danley
property for in ustrial uses, until the City's new General Plan had been
completed He would support the resolution notifyingithe County that the
City would not support property with sewer or water
Mayor Schwartz stated as he saw the problem, it was tie adoption of a
zoning change in conflict with adopted City and County General Plans He
stated he would support an inquiry to the Attorney General as to procedures
in zoning law in the vicinity of the airport He felt the County Supervisors
were inconsistent in rezoning the Danley property in opposition to conditions
of an existing adopted General Plan He did not support the resolution as
presented by Councilman Gurnee He suggested a resolution asking the
Attorney General for interpretation of state law as it related to action of
the Airport Land Use Commission, the County Planning Commission, and
the Board of Supervisors in rezoning property in the vicinity of San Luis
Obispo Airport
Councilman Gurnee again urged his fellow councilmen to adopt a resolution
urging action by the Attorney General as he felt this rezoning was in violation
of state law
On motion of Councilman Brown, seconded by Mayor Schwartz the following
resolution was introduced, A resolution requesting an interpretation from
' the Attorney General as to the state laws relating to actions of the Airport
Land Use Commission when it violates an adopted County and City General
Plan
Motion lost on the following roll call vote
AYES Councilman Brown and Mayor Schwartz
NOES Councilmen Graham, Gurnee and Norris
ABSENT None
On motion of Councilman Gurnee, seconded by Councilman Graham thej following
resolution was introducted A resolution advising the County Board of Super-
visors and state agencies that the City does not feel obligated to provide water
and sewer service to a forty acre real property parcel recently zoned industrial
by the County of San Luis Obispo
Motion lost on the following roll call vote
AYES Councilmen Gurnee and Graham
NOES Councilmen Brown, Norris and Mayor Schwartz
ABSENT None
' On motion of Councilman'Graham; seconded by Councilman Norris the following
resolution was introduced A resolution requesting the County to hold action
on the Danley rezoning until the City had received its preliminary General Plan
studies from the consultant and also City to ask the District Attorney to ask
the Attorney General for clarification of the action involving the Danley
rezoning with the Airport Land Use Commission
City Council Minutes
July 15, 1974
Page 12
12 25 A M Councilman Gurnee left the meeting
Motion lost on the following roll call vote
AYES Councilmen Graham and Norris
NOES _ Councilman Brown and Mayor Schwartz
ABSENT Councilman Gurnee ,
On motion of Councilman Brown, seconded by Mayor Schwartz the following
resoltuion was introduced,- RESOLUTION NO 2634 (1974 Series), a resolution of the
Council of the City of San Luis Obispo asking the City Attorney to obtain an opinion
from the Attorney General concerning the effect of a Land Use Plan adopted by the
Airport Land Use Commission upon the consistency of County zoning actions in
relation to a County General Plan
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham and Mayor Schwartz
NOES . Councilman Norris
ABSENT Councilman Gurnee
4A David Williamson, Assistant Administrative Officer, reported to the City
Council on the prior action of acceptance of public improvements in conjunction with Tract
467, Unit 1 (Los Verdes Park)
At a prior Council meeting, the City Council approved the off -site improvements and
the on -site development of the Unit 1, subject to depositing necessary fees by the developer,
Warren Dolezal, to cover the developer's share of the off -site improvements in sewer,
water, street, etc '
The Assistant Administrative Officer reported that the City had received bank
guarantees and cash deposit of $113, 956 92 Of this figure, $97,378 58 had been
spent, leaving a balance or credit on hand of $16,578 34, with an estimate of the developers
share of $22,000 more or less to complete the improvements This amount of funds
were now on hand.with the credit and a cash deposit by the developer Therefore, the
City staff reported that the condition set by the City Council had been met and the tract
could be accepted and occupance allowed as the individual units were cleared by the
Building Department
On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned
to 12 00 noon Tuesday, July 16, 1974 to complete the balance of the agenda
Motion carried, Councilman Gurnee absent
APPROVED September 16, 1974
FntG�ic , City Clerk
Pledge
Roil Call
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 16, 1974 - 12 10 P M
CONFERENCE ROOM, CITY HALL
Present John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Mayor Kenneth E Schwartz
Absent None
City Staff
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, D F Romero, City Engineer, David
Williamson, Assistant Administrative Officer,
Wayne Peterson, Assistant City Engineer, Robert
Strong, Planning Director
4B Continued consideration of the approval of the final map and
subdivision agreement for Garden Homes, Los Verdes Park, Tract 467,
Unit 2 Continued from July I, 1974
D F Romero, City Engineer, submitted a report relative to flood waters
displaced by fill proposed in Tract 467, Unit 2 as evidenced from the
1973 flood The City Engineer presented a cross section drawn to scale
of the waterway area opposite the lowest end of Unit 2 He stated
the cross section showed the area between the north -bound off -ramp to
the Los Osos interchange and beyond the limit of flooding in Garden Homes
By the City's analysis, flood waters within the area proposed to be
filled, provided for 17 cubic feet /second of the total of 15,200 c f s
which passed this point during the 1973 storm He felt this was
approximately one -tenth (1 /10) of one percent (1 %) of the total flow
He continued that if these waters were prevented from flowing across
that portion of Tract 467 proposed to be filled, that the resultant
raise of the flood levels for the entire area would not be measurable
He felt the flood levels could be lowered in this area by allowing
cattle or sheep to graze on the flood plain, thus improving the flow
characteristics due to clearing out of undesirable brush, debris and
long grass
He also submitted a letter from the State Department of Transportation
which indicated that they felt no concern with the fill within Tract
467, and its effect upon their highway and highway property
Robert Strong, Planning Director, again reviewed his report of June 27,
1974 regarding the final map and subdivision agreement Tract 467,
Unit 2 He stated that it was his evaluation that the project had
advanced to final stages of planning with only minor alterations to the
preliminary grading plans considered more than one and one -half years
ago He felt that modifications had generally reduced the amount of
earthwork involved He felt the inherent problem was observed two
years ago with the City Engineer advised that the initial design of the
planned development was not appropriate to the existing terrain Despite
this initial advice, the City had approved numerous refinements to the
proposal and authorized removal of material from Unit 2 to supply fill
for UniT I and backfill for related sewer and water construction The
damage which might have been avoided by a more appropriate design which
better fit natural terrain was done, and the natural terrain was no
ZnnC
City Council Minutes
July 16, 1974
Page 2
longer evident
Robert Strong stated, that from a practical perspective, there was
little option but to allow further grading, and the approved plan
required substantial terracing to accommodate the cluster housing
proposed He felt that while a total redesign might accomplish a
reduction in grading, this would imply starting the design from the
beginning Regardless of redesign, considerable earthwork would be
necessary to regrade the excavated areas to a condition which would
accommodate development Although the EIR made brief reference to
grading in the area west of the project, it provided no detail
regarding the extent of "off- site" fill, the impact of such additional
deposits upon flood plain capacity, displacement of flood waxers To
other properties or other related, potential adverse environmental effects
He concluded that there were, however, other areas which were not flood
prone on which the excess material could be deposited, and, with
further study, the proposed off -site grading might be shown to involve
only insignificant effects with proper mitigation measures
It was his recommendation that the final map for Tract 467, Unit 2,
conformed to the approved precise plan and tentative map, and the staff
suggested that the Council accept the final map and subdivision agree-
ment, subject to the condition that any off -site grading shall be a
separate and independent consideration
Councilman Gurnee stated that he was still opposed to the proposal To
move dirt from Unit 2 to the adjacent property He felt that this would
be a poor precedent and detrimental to the environment He felt that
60,000 yards of dirt was too much to move into a flood plain He
stated that he was opposed to development of Unit I, and was more
strongly opposed to the development in Unit 2
Councilman Brown felt that unless the flood plain was not affected by
the development, he could not support the development He felt that
the Engineer's report cleared up this matter for him, and he would
support the development of Unit 2
Councilman Graham felt that Unit 2 was acceptable, but, he felt That
the Council must some day face the issue of grading in the flood plain
and the re- alignment of San Luis Creek in this general area
Councilman Norris felt the movement of dirt was not adverse and what was
important was the result of the development for the citizens of San Luis
Obispo and the amenities for the residents of the tract He felt he
could support the approval of Unit 2 of Tract 467
Mayor Schwartz felt the Council approved the preliminary plan for Units
I and 2, and he was satisfied with the development of Unit I He did
not realize in the preliminary plan that such a Tremendous volume of
dirt was to be moved on the site and additional dirt off The site He
felt the report of the City Engineer cleared up the flood problem to
Unit 2 to his satisfaction, and he would approve the final map of Unit 2
and also the subdivision agreement
On motion of Councilman Norris, seconded by Councilman Brown that the
City Council accept and approve the final map of Tract 467, Unit 2 and
the subdivision agreement as amended by the CITY Council Motion
carried on the following roll call vote
City Council Minutes
July 16, 1974
Page 3
AYES Councilmen Norris, Brown, Graham and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
The action of the City Council included a grading permit for Unit 2,
and they overruled the recommendation of the Architectural Review
Commission and the Waterways Planning Board as far as it applied to
grading at the western boundary of Unit 2
Regarding "off- site" grading, A J Shaw, City Attorney, read section
8120 of the Municipal Code suggesting that the City Council could not
under this ordinance authorize the moving of dirt onto adjacent
property unless the property owner could establish the existence of
the conditions set forth in the ordinance
Warren Dolezal, Developer of Tract 467, requested City Council
approval of a grading permit to move dirt from Unit 2, Tract 467 to
the adjacent property which was not under development at this time
Mr Dolezal reviewed for--the City Council that he had a tentative map
filed with the Planning Commission for development not only of Units
I and 2 of Tract 467, but also the adjacent Tract which was planned
to be high�iay commercial He continued that the fill would be required
to enable future development and that this grading was surplus dirt
from Units I and 2 Future proposed commercial development would
also require improvement and re- aligning of San Luis Creek running
through the property He concluded that the EIR prepared for Tract 467
included grading of the property proposed for commercial development
adjacent to Units I and 2 of Tract 467 He, therefore, again asked
that the City Council grant permission to place excess material from
Unit 2 grading operation on the adjacent property in accordance with
the tentative plans submitted
Robert Strong, Planning Director, stated that the prior EIR did not
sufficiently discuss the "off- site" grading proposed and that the
Council should first determine whether, pursuant to City ordinances,
any off -site grading would be acceptable to the City He suggested
that this matter be referred to the Architectural Review Commission
for review and recommendation, and also to the Planning Commission for
determination on the requirements of an EIR submittal, if the Council
would consider off -site grading acceptable in concept
David Williamson, Assistant Administrative Officer, reminded the City
Council of the implication of the federal flood Insurance Program on
development in areas classified as flood prone
After discussion by the City Council, it was the consensus that the
Council take no action on Mr Dolezal's request to move dirt from
Unit 2 to the adjacent property until a full staff report was made
on the request by the developer and to see if the property met pre-
scribed exceptions
5 Discussion of the League of Women Voters' proposal for the
City Council to change the election date for Municipal Elections from
the third Tuesday in April in the odd numbered year to the first
Tuesday after the first Monday in March of the odd numbered years, in
order to coincide with recently enacted state law establishing
state -wide election dates for school districts in California
City Council MinUTes
July 16, 1974
Page 4
Mrs Robert Pederson, President, League of Women Voters, appeared
before the City Council in support of the Leagues' request for a
change in City election date
On motion of Councilman Gurnee, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2639 (1974 Series),
a resolution of the Council of the City of San Luis Obispo giving
notice of a Special Municipal Election to be held Tuesday, November 5,
1974, to vote upon a proposed charter amendment changing the date of
the General Municipal Election for City elective officials to coincide
with the date mandated by State Law for School Board Elections, and to
establish the first day of April as the date of taking office
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz
NOES None
ABSENT None
6 Memorandum from John Quirk, Assistant Director of Water
Services, requesting that the City Council approve a notice of water use
restrictions in the Los Osos Valley and Zone I due to increased demand
at this time of the year and the existing systems deficiencies He
recommended that the following conditions be implemented
I Use of water through hydrants for construction projects
be limited to the hours of 1 00 P M through 4 00 P M
2 That specific days be scheduled in advance and verified
with water and fire departments
3 That if water usage through hydrants caused excessive
pressure loss the operation should cease
4 That the area covered by these restrictions include the
major portion of the old town area which lies within
Zone I
5 Use of water for residential or commerical irrigation be
limited to the hours of 9 00 P M and 6 00 A M
6 That these restrictions remain in effect until pressure
monitoring stations within the zone indicate an easing
of demand and acceptable pressure levels
R D Miller, Administrative Officer, stated that it was understood that
this proposal to restrict water use would be on a voluntary basis unless
wide- spread abuses occurred
On motion of Councilman Gurnee, seconded by Councilman Graham the recommen-
dation of water use restriction in Los Osos Valley and Zone I was approved
7 Memorandum from John Quirk, Assistant Water Director, forward-
ing quarterly projects priority list, Council Resolution No 2435 (1973
Series) for water improvements and cooperation by the City as follows
PROJECT I
R H Sterling
Serrano Drive
Palomar 450' Westerly
PROJECT 2
J E King
Serrano Drive
Broad Street to Palomar
Approximately 715'
City Council Minutes
July 16, 1974
Page 5
$4,520 00
$6,148 00
On motion of Councilman Graham, seconded by Councilman Gurnee that the
two priorities submitted by the Assistant Water Director be implemented
and approved Motion carried
8 Wayne A Peterson, Assistant City Engineer, supervnsing the
Edna Saddle Site Preparation and Tank Erection submitted proposals
from consulting engineers from Penfield 8 Smith, Buena Engineers,
Dames 8 Moore and Jennings, Bartlett 8 Associates for professional
services involving the Tank Site Preparation and Tank Erection He
recommended that the City Council accept the proposals as follows
Penfield 8 Smith to provide construction inspection as
described in their letter of May 8, 1974, estimated
cost of $20,000
2 Buena Engineers, Inc , to provide grading and backfill
testing, concrete testing, qualifications of welders,
radiographic inspection of welds and painting, and
leakage inspection as required by the construction
inspector, estimated cost for services $13,200
3 Dames 8 Moore to review the geologic and hydrologic
conditions at appropriate times during construction
as called for by the construction inspector, estimated
cost for the services $1,500
4 Jennings, Bartlett 8 Associates for construction
staking and cross sectioning as called for by the
constructing inspector, estimated cost for services,
$9,000
Councilman Norris objected to retaining Buena- Engineering, Inc to
provide grading and backfill testing, concrete testing, etc instead of
Central Coast Labs, which was a local firm and which he stated-would do
the work much cheaper than Buena Further, he felt the City should go
with a local engineer, Mr Williams
After discussion by the City Council, it was moved on motion of
Councilman Brown, seconded by Councilman Norris that items I, 3 and 4
be approved as recommended at the estimated mst, and that item 2,
Buena Engineers be continued for a further information from City staff
Motion carried
City Council Minutes
July 16, 1974
Page 6
9 At this time the City Council considered the adoption of a
resolution of intention to initiate nuisance abatement proceedings for
obstructions in the creek at 546 Higuera Street, Mission Trailer Park,
Hazard owners The creek obstruction was a sewer line over San Luis I
Creek at the Trailer Park on the recommendation of the Waterways Planning
Board
On motion of Councilman Gurnee, seconded by C
following resolution of intention was adopted
(1974 Series), a resolution of the Council of
Obispo finding that exposed sewer line in the
premises at 546 Higuera Street may constitute
ordering a public hearing concerning same and
:)uncilman Brown the
RESOLUTION NO 2640
The City of San Luis
creek and upon the
a public nuisance, and
The abatement thereof
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES None
ABSENT- None
On motion of Councilman Gurnee, seconded by Councilman Brown the second
resolution was adopted RESOLUTION NO 2641 (1974 Series), a resolution
of the Council of the City of San Luis Obispo finding that tree trunks
within the creek and upon the premises at 546 Higuera Street may
constitute a public nuisance and ordering a public hearing concerning
same and the abatement thereof
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES None
ABSENT None
D F Romero, City Engineer presented for the Council's consideration plans
and specifications for the STREET RESURFACING PROJECT, City Plan No 47 -74
Estimated cost $139,252 50 (Moneys are available in the Capital
Outlay, Gas Tax, Select Roads, and Sales Tax Street Money budgets )
On motion of Councilman Graham, seconded by Councilman Brown that the City
Council approve the plans and specifications and authorize the City
Engineer to call for bids Motion carried
Consent Items C -1 through C -12, except C -5, C -7, C -II, were approved as
recommended on motion of Councilman Brown, seconded by Councilman Norris
Motion carried
C -1 The City Council authorized payment of claims against the City
of San Luis Obispo subject to approval by the Administrative Officer
C -2 The City Council Minutes of February 4, 1974 and March 18,
1974 were approved as presented
City Council Minutes
July 16, 1974
Page 7
C -3 The following contract pay estimates were approved
Ted Watkins Construction
CREEK BANK REPAIRS Est #3 $8,219 14
City Plan No 23 -74 Est #4 FINAL 3,876 29
C 0 #1 529 75
C 0 #2 3,905 88
Dennis Zimmerman
STREET TREE PLANTING Est #3 3,936 17
City Plan No 18 -74 Est #4 FINAL 2,156 80
STREET TREE PLANTING Est #1 1,910 89
Tract 460 Est #2 FINAL 212 32
C -4 In accordance with the communication from Ronald Tellefsen,
Development Director, Babe Ruth Baseball, regarding the 1976 World
Series to be held in San Luis Obispo, the Mayor was authorized to
write a letter to the Babe Ruth Baseball Association inviting the
1976 World Series to San Luis Obispo
C -5 Memorandum from David Williamson, Assistant Administrative
Officer, regarding Administration of the Grading Ordinance in the
City of San Luis Obispo A new procedure which would be that the Planning
and Building Department supervise and coordinate inspection of all
grading and excavations on private property Actual inspection to
be done by the Public Works inspectors as had been done in the past
and had noted these inspectors would have direct responsibility for the
work inspected The Public Works Department would supervise and
coordinate all earthwork and grading and excavations on public
property The Assistant Administrative Officer further recommended
that the City's grading and excavation ordinance be revised on an
interim basis until the complete package of regulatory provisions
which accompanied the General Plan Map update had been prepared and
approved He also recommended that the Public Works Director and the
Planning Director be directed to prepare procedures to be implemented
immediately on an administrative basis for approximately a month before
preparation of final recommendations concerning procedures, policies
and standards It was suggested that this approach was preferable to
adopting procedures which might in practice prove more difficult to
administer
Councilman Norris stated that he was not in favor of the plan as
proposed by the Assistant Administrative Officer David Williamson, but
he was in favor of the concept of reviewing grading projects within
the City
Councilman Gurnee stated that he was in support of the proposal for a
new approach to the grading ordinance supervision at least onia trial
basis
' Mayor Schwartz also stated that he was in accord with the proposal as
presented on a trial basis
On motion of Councilman Gurnee, seconded by Councilman Brown that the
City Council accept the new administrative procedures for enforcement
of the grading ordinance Motion carried, Councilman Norris voting No
C -6 The communication from Betty Y Carpenter commenting on the
condition of the Laguna Lake Golf Course was referred to staff for
analysis
City Council Minutes
July 16, 1974
Page 8
C -7 The City Council discussed the request from Alan R Petersen
for temporary water service outside the City Limits, north and west of
Foothill Boulevard extended
After discussion of the Council of philosophy of extending water and
sewer service, it was moved by Mayor Schwartz, seconded by Councilman
Brown that the City Council deny the request for temporary water service
outside the City of San Luis Obispo Motion carried, all Ayes
C -8 At this time the City Council concurred to continue final
passage of Ordinance No 618 to a future meeting for staff report on
fees to be charged for inspection of undergrounding utilities
C -9 The request from Dr Wolfe to extend sick leave in excess of
one week for Oscar Lamboy was approved by the City Council
C -10 A The claim against the City of San Luis Obispo by J T
Silva claiming his car was sprayed with oil on High Street was denied
by the City Council and referred to the insurance carrier
B The claim against the City of San Luis Obispo by Gordon
Van Camp for damage done to his left rear fender caused by City Police
Unit was denied and referred to the insurance carrier
C -II Council consideration of salary step increases for the
following people was referred to Executive Session i
Michael C Alamo - Sr Recreation Leader
From Step 2 or $850 to Step 3 or #898
Neal Alston - Maintenance Man 11
From Step I or $700 to Step 2 or $738
Sidney D Bartholow - Police Officer
From Step I or $886 to Step 2 or $934
Mary Belle Caselman - Secretary
From Step 4 or $738 to Step 5 or $784
Richard C Colombo - Groundskeeper
From Step 3 or $760 to Step 4 or $804
Gail A Davis - Secretary
From Step 2 or $660 to Step 3 or $700
Robert J Downey - Police Officer
From Step 4 or $1,042 to Step 5 or $1,100
John A Huelsman - Police Officer
From Step I or $886 to Step 2 or $934
Brian F Lapworth - Fireman
From Step I or $838 to Step 2 or $886 '
Merlyn Van - Mechanic Foreman
From Step 3 or $974 to Step 4 or $1,028
David Williamson - Assistant Administrative Officer
From Step 3 or $2,016 to Step 4 or $2,126
All salary step increases to be effective August I, 1974
City Council Minutes
July 16, 1974
Page 9
C -12 At this time the City Council considered'adoption of a
resolution of intention to amend the contract with PERS to provide
one -half contingency benefits for fire safety members
On motion of Councilman Brown, seconded by Councilman Norris the
following resolution of intention was introduced RESOLUTION NO
2635 (1974 Series), resolution of intention to approve an amendment
to contract between the Board of Administration of the Public
Employees' Retirement System and the City Council of the City of
San Luis Obispo
Passed and adopted on the following roll call vote
AYES Councilmen Graham, Gurnee, Brown, Norris and Mayor Schwartz
NOES None
ABSENT None
B -I The City Clerk reported on the following bids received for
SEWER SIPHONS AND WATERLINE, City Plan No 13 -74 Bids opened July 9,
1974 at 2 30 P M Engineer's estimate, Alternate I - $57,900, Alternate
2 - $60,000
SiMEE'S PLUMBING 8 HEATING Alt 1 $57,110 00
2959 Broad Street
San Luis Obispo, CA Alt 2 $59,110 00
CHARLES A PRATT CONST CO Alt 1 $58,179 00
P 0 Box 1295
San Luis Obispo, CA Alt 2 $59,729 00
A memorandum from Paul E Landell, Jr was submitted in which he stated
that the low bid from Smee's Plumbing of their alternate bid of
$59,110 included a Joint trench and backfill operation with the
Southern California Gas Company at Elks Lane He stated the Gas
Company had agreed to pay the $2,000 difference, plus one -half of
the cost of compliance with the Fish 8 Game regulations at this site
One -half would be $875 00 He continued that after discussion with
Smee's, it was agreed that two - thirds of the cost of compliance with
the Fish 8 Game regulations could be deleted, because if they awarded
the contract for the Job, they would run the waterline and sewerline
Jobs together and could delete a substantial portion of the work
necessary to comply with the regulations This would result in a
further savings of $1,172 50 Therefore, the net cost to the City
would be $55,062 50, and Mr Landell recommended that the low bid of
Smee's Plumbing and Heating be accepted and the contract awarded
City Engineer Romero concurred
On motion of Councilman Gurnee, seconded by Councilman Brown that the
low bid as amended by Smee's Plumbing, Alternate I, be accepted
Motion carried
City Council Minutes
July 16, 1974
Page 10
B -2 The City Clerk reported on the following bids received for
MUSTANG VILLAGE GRADING, City Plan No 43 -74 Bids opened July 9,
1974 at 3 00 P M Engineer's estimate - $5,150
JACK S FOSTER
188 Spruce Street $5,755 00
Arroyo Grande, CA
CONCO GENERAL ENG CONT
P 0 Box 511 $5,950 00
San Luis Obispo, CA
R BURKE CORP
P 0 Box 957 $7,363 00
San Luis Obispo, CA
MADONNA CONST CO
P 0 Box 910 $9,250 00
San Luis Obispo, CA
WALTER BROS CONST CO , INC $9,646 00
P 0 Box 809
San Luis Obispo, CA
On motion of Mayor Schwartz, seconded by Councilman Gurnee that the
City accept the low bid of Jack Foster, $5,775, subject to the filing
of a supporting E I R statement from the Planning Commission Motion
carried, all Ayes
B -3 The City Clerk reported on bids received for UNIFORM AND
LAUNDRY SERVICE for the City of San Luis Obispo Bids opened July 12,
1974 at 3 00 P M R D Miller, Administrative Officer, recommended that
the low bid or Mission Linen Supply of 95¢ per week for a two -piece
uniform, and 90C for a one -piece uniform be accepted
On motion of Councilman Brown, seconded by Councilman Graham that the
low bid of Mission Linen Supply be accepted Motion carried, all Ayes
B -4 The City Clerk reported on bids received for VALVES, FITTINGS,
REGULATORS AND MISCELLANEOUS MATERIALS for the City Water Department Bids
opened July 15, 1974 at 2 00 P M Estimated cost $77,400 ($40,000
budgeted in Capital Outlay item )
R D Miller, Administrative Officer, reviewed the bids received for the
City Council, and he recommended that the Central Valley Supply Inc
receive the low bid of item no 12 for $18,290 42, that Parkson Inc
receive the bid on items 2 through 8 for $48,532 00, and that Western
Waterworks Supply receive the bid on item I for $3,500
On motion of Councilman Norris, seconded by Councilman Graham that the
recommendation of The Administrative Officer be accepted and that the
low bids be awarded Motion carried, all Ayes
On motion of Councilman Norris, seconded by Councilman Graham $35,000
was added to the Capital Outlay Budget for additional costs in purchase
of valve, fittings, regulators and miscellaneous materials, Agenda Item
B -4 The Council also acknowledged a report from the Administrative
Officer on the transfer amount needed from the General Fund to Water at
the end of the fiscal year to balance the latter account - $44,711 88
This action had been approved during budget discussions with the exact
amount unknown at that time
City Council Minutes
July 16, 1974
Page II
The City Council then adjourned to Executive Session
' The City Council reconvened in Regular Session
C -II On motion of Councilman Brown, seconded by Mayor Schwartz
the salary step increases were approved, but the probationary period
of David Williamson was extended, pending his family establishing
residence in the city Motion carried, all Ayes
On motion of Councilman Gurnee, seconded by Councilman Brown the
following resolution was introduced RESOLUTION NO 2633 (1974 Series),
a resolution of the Council of the City of San Luis Obispo finding that
the public interest and necessity require the acquisition of a site
for the placement of a tank for water reservoir purposes and a right
of way for ingress and egress and public utility and pipeline purposes
to said site and authorizing the City Attorney to initiate condemnation
proceedings
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES None
ABSENT None
On motion of Councilman Graham, seconded by Councilman Gurnee the
meeting adjourned at 2 40 P M , July 16, 1974 Motion carried
APPROVED November 4, 1974
patrick, City Clerk
Pledge
Roll Call
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, AUGUST 5, 1974 - 7 00 P M
CITY HALL
Present John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Kenneth E Schwartz
Absent None
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, E L Rodgers, Chief of Police, Don
Sylvia, Fire Captain, Robert Strong, Planning
Director, D F Romero, City Engineer
I At this time the City Council held a public hearing on
Resolution No 2630 11974 Series) a resolution of the Council of thf
' City of San Luis Obispo finding that a public nuisance may exist
upon the premises at 319 Branch Street and ordering a public hearing
upon the same and the abatement thereof
The alleged nuisance consisted of inoperable and unlicensed vehicles
(Volkswagen trucks and vans) on the property of Erwin Woelfle
See Court Reporter's Transcript, dated August 5 1974, for conduct
of the public hearing
On motion of Councilman Graham, seconded by Councilman Brown the
following resolution was introduced RESOLUTION NO 2642 (1974 Series),
a resolution of the Council of the City of San Luis Obispo finding the
existence of a public nuisance and ordering the abatement thereof
Passed and adopted on the following roll call vote
AYES Councilmen Norris, Graham, Brown, Gurnee and Mayor Schwartz
NOES None
ABSENT None
2 At this time the City Council held a public hearing on the
recommendation of the Planning Commission to amend the Zoning Ordinance,
Section 9200 36, to reduce parking requirements for various outdoor
uses in the C -H zone
Robert Strong, Planning Director, presented the recommendations of the
Planning Commission as follows
City Council Minutes
August 5, 1974
Page 2
The Planning Commission took action to recommend to the
City Council that Zoning Ordinance Section 9200 36 be amended
to require one space per 1,000 square fett for the first
10,000 square feet and one space per 5,000 square feet for
area in excess of 10,000 square feet for the following outdoor
u sale uses in only the C -H district, except where Planning
Commission required additional off street parking pursuant
to use permit consideration Uses include farm implements,
boats, lumber, plant nursery, building materials, etc
The recommended reduction in parking requirements was based
on a staff survey of similar cities' parking requirements
for these types of uses which revealed the City's current
requirement , of- bne',-space-��-r- •1;500 square feet, regardless
of whether the use was large or small, indoors or outdoors,
appeared excessive
The change recommended would establish a reduced minimum
parking standard for these bulk sales operations where
located in a C -H District, but each proposal would be
evaluated pursuant to use permit requirements The revised
amendment did not alter the parking for permitted C -H uses
nor affect the requirements of the M zone as was previously
rejected by the City Council
Mayor Schwartz declared the public hearing open
Arnold Volny spoke in support of the recommendation of the Planning
Commission to amend the Zoning Ordinance in regard to parking the C -H
District
Mayor Schwartz declared the public hearing closed
The City Council discussed in detail exactly what the amendment proposed
by the Planning Commission would accomplish
Robert Strong explained the studies made by the Planning Department in
making their recommendation to the Planning Commission
On motion of Councilman Gurnee, seconded by Councilman Brown the following
ordinance was introduced ORDINANCE NO 621 (1974 Series), an Ordinance
of the City of San Luis Obispo amending the Zoning Ordinance to reduce
parking requirements for various outdoor uses in the C -H Zone
Passed to print on the following roll call vote
AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES None
ABSENT None
3 At this time the City Council held a public hearing on the
recommendation of the Planning Commission to amend the Zoning Ordinance
to permit development of substandard lots in all zones
r
City Council Minutes
August 5, 1974
Page 3
To remove this inequity, the Planning Commission recommended that the
Zoning Ordinance, Section 9200 16c I be amended to read as follows
"A lot with less than 50 feet of frontage may be
developed, subject to use permit approval, except where
adjoining property in the same ownership, at any time
since January 17, 1955, enables a potential for
resubdivision into four or more conforming parcels "
The purpose for the contingent provision was to avoid including and
enabling substandard development of large acreage under single owner-
ship which had been previously subdivided (for example Terrace Hill)
It is recommended that the use permit control over such non - conforming
lot development be required to assure that substandard lot development
comply with all property development standards of the underlying
zoning except where use permit approval provided specific variation
He continued that the Planning Commission further recommended that
Section 9200 17 F 2 of the Zoning Ordinance be amended to include
as item M, "Development of non - conforming lots, including variation
Robert Strong, Planning Director, presented the recommendation of
the Planning Commission as follows
The Commission initiated a proposal to establish use
permit, rather than variance procedures, to control
development of non - conforming lots Pursuant to advice
received from the City Attorney with regard to mandatory
findings required for variance approval, certain non-
conforming lots appeared inequitably treated within the
existing provisions of the Zoning Ordinance Specifically,
- Section 9200 16 provided, a lot of less area or width
than required by zoning or subdnvision regulations, may
be developed under the following conditions
A A lot with less than 50 feet of frontage may be
developed provided that no adjoining lot had been in the
same ownership at any time since January 17, 1955
B Lots with frontages of 50 feet or more recorded before
January 17, 1955 may be developed individually regard-
less of ownership
Robert Strong continued that throughout order residential neighbor-
hoods, a prevalent subdivision pattern included lots typically 50
feet and less in width Where such lots were individually owned,
pursuant to condition A, theyawere considered acceptable building
sites without any City review or consideration of the difficulty of
complying with property development standards, except by variance
'
Lots with 50 feet or more frontage were considered more compatible
with current property development standards and logically can be
excluded from special development control, pursuant to condition B
The inequity :existed when an individual acquired two, three, or four
adjoining non - conforming lots with less than 50 feet frontage.in
which case the parcels were merged into a single parcel which must
satisfy the requirements of the subdivision ordinance if it is
resubdivided
To remove this inequity, the Planning Commission recommended that the
Zoning Ordinance, Section 9200 16c I be amended to read as follows
"A lot with less than 50 feet of frontage may be
developed, subject to use permit approval, except where
adjoining property in the same ownership, at any time
since January 17, 1955, enables a potential for
resubdivision into four or more conforming parcels "
The purpose for the contingent provision was to avoid including and
enabling substandard development of large acreage under single owner-
ship which had been previously subdivided (for example Terrace Hill)
It is recommended that the use permit control over such non - conforming
lot development be required to assure that substandard lot development
comply with all property development standards of the underlying
zoning except where use permit approval provided specific variation
He continued that the Planning Commission further recommended that
Section 9200 17 F 2 of the Zoning Ordinance be amended to include
as item M, "Development of non - conforming lots, including variation
City Council Minutes
August 5, 1974
Page 4
of property development standards, as may be approved by use permit "
This additional provision would delegaTe consideration of non - conforming
lot development to the Board of Adjustments rather than require Planning
Commission administration of use permit except where appealed
In recognition that the proposed amendmenT would not enable development
of substandard lots without further consideration by the City pursuant
to use permit, it was the opinion of the Commission that the proposed
amendment would not enable a change in land use or density, nor weaken
the intent of the Zoning Ordinance, thus a negative E I R declaration
had been issued
Mayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the proposed
amendment
Mayor Schwartz declared the public hearing closed
The City Council discussed the proposal in detail with Robert Strong as
to the effect that the proposed recommendation of the Planning Commission
would have on lots of record within the City Limits
After discussion, the matter was continued on motion of Councilman Brown,
seconded by Councilman Graham for further staff input as to the effect
the proposed recommendation would have on City development Motion
carried, all Ayes
4 At this time the City Council considered the FINAL PASSAGE of
ORDINANCE No 619, an ordinance amending the official zone map of the
City of San Luis Obispo (to rezone 200 Higuera Street), zomingrthe property
at the northwest corner of South Street and Higuera Street from District
M (Industrial) to District C -H (Heavy Commercial)
Robert Strong, Planning Director, again reviewed for the City Council
the recommendation of the Planning Commission in rezoning the property
Mayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the adoption of
the ordinance
Mayor Schwartz declared the public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Norris Ordinance
No 619 (1974 Series), an ordinance amending the official zone map of the
City of San Luis Obispo, was introduced for final passage on the following
roll call vote
AYES Councilmen Gurnee, Norris, Brown, Graham and Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
August 5, 1974
Page 5
5 At this time the City Council considered the FINAL PASSAGE
of ORDINANCE NO 620, an ordinance of the City of San Luis Obispo
revising and amending the Fire Zone Map
Mayor Schwartz declared the public hearing open
Robert Strong, Planning Director, and Captain Don Sylvia of the Fire
Department,_presented recommendations of the staff for amending the
existing fire zone map
No one appeared before the City Council for or against the proposal
Mayor Schwartz declared the public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Graham,
Ordinance No 620, (1974 Series), an ordinance of the City of San
Luis Obispo revising and amending the Fire Zone Map was introduced
for final passage on the following roll call vote
AYES Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz
NOES None
ABSENT None
6 At this time the City Council considered the discussion
of the working hours for Police Officers, continued from the July 15,
1974 City Council meeting
R D Miller, Administrative Officer, submitted a report to the City
Council regarding salaries and other benefits for Police Officers in
the City of San Luis Obispo, dated July 19, 1974
E L Rodgers, Chief of Police, submitted to the City Council a
lengthy report and memorandums from each of the Lieutenants, Sergeants
and three female dispatchers from the Police Department in attempting
to approximate the times that Police Officers were called out during
their lunch periods
The Police Chief wished to remind the City Council that they have never
kept records of this type in the past because of the bookkeeping
problem involved He also submitted an evaluation by Captain Englert
of all the various memorandums from personnel of the Police Department
It was the Police Chief's opinion that during any particular month,
with full complement of personnel, that the men were interrupted
approximately 83 times per month He felt this information was only
an approximation and estimation by all parties concerned
He suggested that this matter be put off until January I, 1975, and
the Department would keep an accurate account as to the times officers
had their meal breaks interrupted
A J Shaw, City Attorney, stated there was no urgency for the City
Council to take action on this matter, as the new Federal Labor
Standards Act did not become effective for Police and Fire Safety
Officers until January I, 1975
City Council Minutes
August 5, 1974
Page 6
He further stated the Department of Labor, U S Government, would be
sending out their regulations on Safety Officers hopefully sometime in
the month of September, which would establish guidelines on what
working hours were, including meal times and time off He felt that
until the definitions had been received, as far as the Federal Government
was concerned, the City Council might be making decisions in a vacuum
He also suggested that the City Council should at least continue
consideration of this matter until after the annual California League
of Cities meeting held in October as he felt sure that this would be a
major conference discussion item At that Time the regulations would
have been released from the Department of Labor, and everyone would
be discussing the matter from a more informed point of view
Mayor Schwartz reviewed the options open to the City in dealing with
the meal time report for Safety Personnel
Officer Ed Martin, President, Police Officers' Association stated he
felt all Police Officers were on duty 24 hours per day, and particularly
during meal periods He felt that anytime an officer was called away
from his meal time he should be paid Tor this time which was put in for
the safety of the citizens of the City of San Luis Obispo
R D Miller, Administrative Officer, srated if the City had to pay for
the meal periods, then he fell all officers should eat at The Police
Department and not be allowed to leave the station for lunch or other
meal periods or on personal business as was allowed at the present time
Councilman Gurnee stated he was in support of the Police Officers'
contention that meal times were on -duty Mmes, and he also felt they should
be paid for any time spent in the service of the City
Councilman Norris stated he was in support of the Police Officers being
off -duty for meals He also supported continuing this matter until
after the League meeting so thaT everyone would have full knowledge of
what was being discussed
Councilman Brown stated he did not feel this was an urgency matter and it
could be continued until after the next League meeting
Councilman Graham also agreed thaT this matter could be continued until
after the rules and regulations had been reviewed from the Department of
Labor an interpreted by the League of California Cities
Mayor Schwartz felt the City Council should make a decision on the matter
of working hours for Police Officers He felt the City should continue
the present working conditions until after the regulations from the
Department of Labor were received and interpreted by the League of
California Cities
On motion of Councilman Norris, seconded by Mayor Schwartz the matter
was continued until after the League meeting, and the Police Officers
would continue the existing work periods until that time Motion
carried on the following roll call vote
AYES Councilman Norris, Mayor Schwartz and Councilman Brown
NOES Councilmen Gurnee and Graham
ABSENT None
City Council Minutes
August 5, 1974
Page 7
9 00 P M Mayor Schwartz declared a recess
9 15 P M The meeting reconvened with all Council Members present
1 7 Continuation of the public hearing on the request of
Central California Communications Corporation (Cable TV) for a rate
increase in the monthly subscription rates (continued from July 15,
1974)
Arthur Hapgood, General Manager, Central California Communications
Corporation, reviewed for the City Council the answer to the six
questions of the City Council at the public hearing held July 15,
1974, relative to the rate increase
Question NI was Justification for the high expenditure for micro-
wave improvements Mr Hapgood stated that there was an adequate
communication with the City Council as the CCCC was not intending to
spend $155,000 to increase microwave reception The figure $1,55,000
in Exhibit 7 projected a capital expenditure for the San Luis Obispo
Cable System itself This money would be spent to wreckout and
replace many current amplifiers and other active and passive devices,
which was a program followed by CCCC's normal program of maintaining
its system up to date This was also required under the Federal
Communication Commission rules and regulations In Exhibit I of
their rate increase they did propose an overall incrase in microwave
tariffs to be paid to Microwave Transmission Corporation to add and
alter present microwave facilities primarily to increase reliability
of good signals from imported stations The increase in microwave
costs would be an on -going cost item They estimate that the increase
annually would be around $6,400
Question N2 was the possibility of instituting program and channel
changes, etc Mr Hapgood stated the entire matter of channel changes
was more academic than practical since the F C C now controlled all
importation of signals Current signals in San Luis Obispo were
grandfathered in first in 1968 and again in March, 1972 Mr Hapgood
then presented a letter from CCCC's Washington F C C cable attorney's
office briefly outlining the inherent hazards in altering signal
carriage The matter of KQED vs KTVU also basically was academic
since there was only one leg of common carrier video microwave coming
south Therefore, the Council had three choices (1) place KQED
full time, (2) put KTVU full time, or (3) continue to share the one
leg of microwave giving priority to KQED He continued that this matter
was discussed on many previous occasions by many previous Councils
The previous Councils concluded they did not wish to become involved
in programming It had consistently been the decision to share the
channel, leaving the pre- emption of KQED to the discretion of CCCC
Examination would show that in actuality the frequency of pre-
emption was almost insignificant considering the total number of
hours broadcast by KQED, and a large segment of audience was served by
sports exclusively seen on KTVU Also, by having access to KTVU it
would permit CCCC to fill that channel when KQED was off the air for
vacations, and other reasons
Basically the decision was "Is Council going to deny sports enthusiasts
the highly exclusive sports coverage in order to halt the occasional
pre- emption of KQED programming ?" Such a decision meant Council was
indeed entering the area of program selection
City Council Minutes
August 5, 1974
Page 8
Question #3 was the possibility of a reduced monthly service charge
for citizens over 60 years of age Art Hapgood stated that CCCC must
be completely objective in this matter, and objected to this suggestion
for the following reasons ,
I It was self - defeating Many of the people on low
incomes in this community were under sixty, including
thousands of college students Many young families
getting started were on low incomes They could right-
fully protest that rates were discriminatory
2 It would create serious accounting problems
3 The City did not require any other franchise holder to
function under such an unrealistic business practice,
indeed the City, itself, in water charges did not,
function under such a plan
4 No such requirement was made of the garbage company
5 Local businesses were not required to function under
such a fiscal program
6 The P U C did not require public utilities to function
under such an unrealistic fiscal program
7 CCCC did not believe CAN rate was a fair way to
legislate social justice
8 CCCC did not believe it could accept this suggestion
Question #4 was the clarification of the definition of household and
commercial service outlets
Question #5 was discussion on consideration of initiating a service
installation charge rather than present deposit and /or monthly service
rate increase
Andfinally, Question #6 was the impact on CCCC revenues if all domicile
residences were charged the $4 60 per month service fee, rather than the
$5 60 as proposed which would include all mobile home parks, apartments,
student dormitories, etc
In conclusion, Mr Hapgood stated on behalf of CCCC that before they
came to the City Council they had submitted a complete and carefully
prepared request for a rate modification, based on the needs of CCCC
The City Staff was provided with complete financial detail to substanTiate
the proposed rate modification The staff studied the entire proposal
and made its recommendations to the City Council that the request was
reasonable and justified
CCCC had answered the six points put out by the Council at the public
hearing on July 15, 1974, and they now requested that the City Council
take action on the request based on staff report, the CCCC presentation,
and the answers to the six points in Councilman Graham's motion of
July 15, 1974
City Council Minutes
August 5, 1974
Page 9
Woody Goulart, 3002 Bahia Court, San Luis Obispo, again presented
a suggestion to the City Council for a better allocation of channels
and programming for CCCC for implementation before securing a rate
increase His proposal was to change various channels presently
brought into San Luis Obispo to guarantee more educational channels
for those interested
Mayor Schwartz declared the public hearing open
Maynard Marquardt, stated he was dissatisfied with the present programming
on CATV He did not feel that there would be any problem in having the
FCC change to more channels to give more selection to the citizens
of San Luis Obispo He would not object to a rate increase for CCCC
if better programming were provided He informed the City Council
that he was an expert in rate making before the FCC and he had many
years experience winning battles for radio, before the Federal
Communications Commission, and he was sure that these changes as
requested by himself and Mr Goulart would be most happily done by
the FCC
Susan Fisk appeared before the City Council stating she felt cable
television must do more than dust carry commercial stations She felt
that many of the channels should be made available for local public
to have access so that local citizens could produce and put on shows
on the cable
Frank Calvary agreed that educational programs must be required for
local citizens He felt that a poll would show that citizens want
more educational and less commercial stations I
Dink Hall objected to the quality of present cable reception in the
City of San Luis Obispo particularly in his neghborhood
Mr Hapgood explained the complicated conditions in bringing cable
television into San Luis Obispo by microwave and cable, and he would
send someone out to meet with Mr Dink Hall to review his particular
problem
Mickey Alexander asked if an installation fee could be added for each
new customer, rather than increasing the monthly charge He felt
that if cable television would increase their programming, it would
also increase their customers
Mayor Schwartz then reviewed question N4 which was asked by the City
Council of CCCC defining households, domiciles, etc
Mr Hapgood on behalf of CCCC stated if the City Council wished KQED
and KTVU both to be brought into San Luis Obispo in order to satisfy
the sports enthusiasts and also the educational television people,
then CCCC would be most happy to apply for an additional microwave
leg from the Bay Area to their tower, but he wished to the City
Council to know that from the time the application was filed and
until the two channels were brought in, it would take almost a year,
which would include permit time from the PCC, ordering from the
microwave company, and the actual installation to carry the microwave
Mayor Schwartz declared the public hearing closed
Councilman Brown stated, after reviewing the record, that the request
by CCCC for a rate increase was justified, and he also felt that the
offer by CCCC to bring in two microwave stations from the Bay Area,
if possible, was a good compromise for the people of San Luis Obispo
City Council Minutes
August 5, 1974
Page 10
Councilman Graham stated he was in support of the rate increase
Also, he thanked CCCC in their offer to bring a new microwave leg
in from the Bay Area allowing KQED to be-on full time
Councilman Gurnee stated he was in support of the two microwave legs ,
from The Bay Area into San Luis Obispo He also felt that the
condition of the rate increase be that KQED not be pre - empted for any
reason while they were broadcasting He also felt that some pro-
vision should be made to lower rates to people over 60 years of
age He concluded that CCCC merited some increase in gate, but not
until a special rate was granted to senior citizens and also thaT all
domiciles be treated the same within the City of San Luis Obispo
Councilman Norris stated he was in support of the CCCC rate increase,
he also felT the CCCC's offer be accepted in bringing in two microwave
legs from Bay Area to San Luis Obispo so that the full time KQED and
KTVU channels would be delivered He felt that a refundable deposiT
was better than an installation charge
Mayor Schwartz felt that the rate increase was Justified and he would
support CCCC's request He felt that CCCC had done a good Job in
presenting information to the Council on cable television He also
felt the City Council should accept the proposal of CCCC to bring
in one additional microwave channel from the San Francisco Bay Area
in order to carry both the KQED, educational channel, and KTVU,
commercial channel
On motion of Councilman Norris, seconded by Councilman Brown the
following resolution was introduced RESOLUTION NO 2643 (1974 Series),
a resolution of the Council of the City of San Luis Obispo allThorizing
Central California Communications Corporation to cincrease the rates
permitted to be charged to cable television subscribers
Passed and adopted on the following roll call vote
AYES Councilmen Norris, Brown, Graham, Gurnee and Mayor Schwartz
NOES None
ABSENT None
8 8 20 At this time the City Council considered the formation of an
Assessment District for the widening of Johnson Avenue Just east of
San Luis Drive
James T Morton, Attorney for the Special Assessment District, reviewed
for the City Council the steps that would be required to initiate the
proceedings for an assessment district on the property owners involved
in the City widening He reviewed for the Council's consideration the
resolution of preliminary determination of intention, the resolution of
preliminary approval of engineer's report, a resolution appointing time
and place of public hearing, a resolution describing the proposed
boundaries of the assessment district, and a resolution calling for
sealed proposals and fixing liquidated damages
D F Romero, City Engineer, presented for the Council's consideration
the plans and specifications for the San Luis Drive - Johnson Avenue
Street Widening Project, City Plan No 2 -72, Select Street No 161
C
City Council Minutes
August 5, 1974
Page II
Estimated Cost - $126,000 of which $75,000 would be budgeted under
Gas Tax and additional monies under Select Road
The Engineer then reviewed the timing for construction of the project
for advertising, holding the public hearings, etc
He concluded that if Plan "F" was not adopted by the City Council
tonight, the project should be held over for construction in the
Spring of 1975, due to the delays inherent in redesign and the
various committee approvals which would make this a winterproject
with great hazard to adjacent properties
A J Shaw, City Attorney, then submitted for the City Council's
information a chart designed to depict the advantages and disadvantages
of each of the preliminary plans developed to counteract the problem
caused by the embankment on the Bilodeau property in connection
with the widening of Johnson Avenue He felt that Plan "F" was a
temporary solution, 10 to 15 years, which was unsatisfactory to all
concerned He concluded that it would save a eucalyptus tree which
had grown to maturity during the past 20 years and it would save
most of the existing shrubbery There would be no loss or detriment
to the property, and the appraiser estimated that the providing of
a retaining wall to this R -3 parcel increased the value of the
property by at least $20,000 '
He continued that Plans "A" and "D" would require the taking of six
feet of property for the full width of the property Since most of
the dense shrubbery was within the front 10 feet of the property,
Plan "A" would destroy almost as much shrubbery as Plan "D" The
City appraiser had estimated that the benefit to the property by
Plan "A" would exceed the damage caused to the property by several
thousand dollars Although the appraiser had not made an estimate
of the damages and benefits of Plan "D ", the City Attorney believed
that he would also find a net dollar advantage to the property owner
under Plan. "D"
He stated, that in an effort to avoid litigation, he had told the
property owner that either Plan_ "A" or "D" would be recommended to
the City Council and the City pay the full cost of improvements without
off - setting the net economic benefit to the owner if the owner
would deed the property without charge to the City
Therefore, he recommended to the City Council two approaches in this
situation
A Adopt Plan "F" and assess the property owner for the
amount of benefits accruing to the property as found in
special assessment proceedings, or
B Proceed with either Plan "A" or Plan "D" If the
property owner refused to deed the property required
under either plan, the City should then proceed with
a combination of condemnation and special assessment
proceedings
Councilman Graham then reviewed the various proposals with the City
Engineer
Councilman Brown stated, after discussion, that he felt the City
should go with Plan "A" with cooperation of the property owner,
City Council Minutes
August 5, 1974
Page 12
but without that cooperation then he felt that Plan "F" was the only
way for the City to go
Councilman Gurnee stated he had no comment on this subject
Councilman Norris stated he was in support of Plan "A" with the
property owner's cooperation, if not, then he would proceed with Plan "F"
Murray Warden , representing the property owner, stated that they could
not comment on the proposals as presented, as they still did not know
just what the City was proposing for their property All these plans,
"A ", "B ", "C ", etc meant nothing to them as they had received no
information on them from the City
The City Council discussed with the City Engineer and City Attorney the
estimated cost of the other plans for widening Johnson Avenue as
proposed
Murray Warden again stated that he and his morher, the property owner,
had not received additional information for them to make an intelligent
decision on the City's proposal as it affected their property
Mayor Schwartz stated he felt the City would be making a mistake in
accepting Plan "F", and further felt that Plan "A" was too tragic
He stated he would support Plan "D ", which he felt would be the fairest
to all concerned, and he felt that the City should proceed with
condemnation and street improvements
Councilman-Graham stated that he too agreed with Plan "D" and was most
appropriate to him if the property owner would cooperate
Councilman Gurnee agreed with Murray Warden that this improvement
would not benefit the Bilodeau property, but felt the only way to
settle this might be to go to court and let the court settle the
matter of benefit either to the City or to the property owner
Murray Warden again stated that as the property owners they have not
been convinced that there was any benefit to the property or to the
property owners
Councilman Gurnee stated that he would support proposal "F" with the
City paying full bill, and he did not feel there were any benefits to
the property owner He urged that the City proceed with Plan "D" and
let the court decide benefits and cost
On motion of Mayor Schwartz, seconded by Councilman Brown that the City
Council find that in public interest the City initiate condemnation
procedures and the City Engineer be directed to prepare plans for Johnson
Avenue widening under Plan "D" with replacement of shrubbery and all
trees and that Attorney Morton be directed to prepare the necessary
condemnation and special assessment documents Motion carried on the
following roll call vote
AYES Mayor Schwartz, Councilmen Brown, Gurnee and Norris
NOES Councilman Graham
ABSENT None
City Council Minutes
August 5, 1974
Page 13
Due to the lateness of the hour, items 9, 10, 11, 12, 13, 15, 17,
18, 19, 21, 22, 23, and 24 were continued to Tuesday, August 6,
1974 at 12 10 P M Item 14 was continued to August 19, 1974,
item 16 was continued to August 12, 1974
On motion of Councilman Brown, seconded by Councilman Graham the
following consent items were approved as recommended C -I, C -2,
C -3, C -4, C -5, C -7, C -9, C -10, C -11, C -12, C -13, C -14, C -15, C -16,
C -18, C -19, C -21, C -22, C -25, C -26, C -27 Motion carried
C -1 The claims against the City of San Luis Obispo were
authorized payment subject to approval by the Administrative Officer
C -2 The City Council Minutes of May 13, June 7, 10, II, 14, 20
and 28, 1974 were approved as submitted
C -3 The following contract pay estimates were approved
Walter J Schmid Est N2 $2,286 00
RECREATION CENTER ADDITION
City Plan No 27 -74
Walter Bros Const Co Est NI $7,400 25
POLICE CARPORT FACILITY EXT
City Plan No 28 -74
C -4 The request from J H Maul, Architect for the community
building at Meadow Park, to amend his contract to include complete
lighting layout for street along park border in the bid package for
the community building, supported by a memorandum from William E
Flory was approved as recommended by staff
C -5 The Mayor was authorized to sign an Extension of Agreement
(Agreement for Temporary Transfer of Vehicular Equipment) to cover
the period of June 30, 1974 through June 30, 1976 from the Office
of Emergency Services
On motion of Councilman Brown, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2644 (1974 Series),
a resolution of the Council of the City of San Luis Obispo approving
the extension of the agreement with the California Office of Emergency
Services for the assignment of a fire pumper to the City's Fire
Department and 'authorizing the Mayor to execute said agreement
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Norris, Graham, Gurnee and Mayor Schwartz
NOES None
ABSENT None
C -6 Communication from the City of Grover City asking support of
the City of San Luis Obispo in their confrontation with the United
States Postal Service regarding curb -side delivery within that City,
involving postal boxes in public right -of -way, etc
City Council Minutes
August 5, 1974
Page 14
Councilman Norris stated he felt that the City of San Luis Obispo
should stay out of squabbles in neighboring cities in which they ;
had no full knowledge of what was happening
On motion of Councilman Norris, seconded by Councilman Gurnee that
the communication be received and filed Motion lost on the following
roll call vote
AYES Councilmen Norris and Gurnee
NOES Councilmen Brown, Graham and Mayor Schwartz
ABSENT None
On motion of Mayor Schwartz, seconded by Councilman Brown that the
following resolution be introduced RESOLUTION NO 2645 (1974 Series)
a resolution of the Council of the City of San Luis Obispo expressing
the City's support of the City of Grover City in its current contro-
versy with the U S Postal Service
Passed and adopted on the following roll call vote
AYES Mayor Schwartz, Councilmen Brown and Graham
NOES Councilmen Gurnee and Norris
ABSENT None
C -7 The communication from Mary M Wagner, Real Estate Broker,
offering to sell the City the property at 1095 Orcutt Road, as a part
of the land acquisition for the Orcutt Road over /under crossing was
referred to staff for report
C -8 Report by Wayne Peterson, Assistant City Engineer, on
professional services at Edna Saddle Tank and again reiterating the
staff's recommendation that Buena Engineering Incorporated be retained
for physical testing at the tank site as recommended to the City
Council at the July 16 meeting
Councilman Norris objected to this recommendation stating that he felt
it was wrong for the City to retain an out -of -town engineer to work on
a local project when the price and cost and experience would be
comparable He felt that the City of San Luis Obispo should support
local firms, he fell that Central Coast Laboratories,--rePresented by
Robert E Williams would do the City a much better job than would be
done and has been done by Buena Engineering Inc He stated it was time
the City recognize there were competent firms within the community to
do City work
Councilman Norris moved that the physical testing, soil testing at
the Edna Saddle Tank Site be awarded to Central Coast Laboratories
Motion lost for lack of a second
D F Romero, upon question, stated that had the matter been left to
him, he would have supported Central Coast Laboratories bid as he
felt they were competent, and he had used them many times in the past,
however, he pointed out that he had left this decision entirely in
City Council Minutes
August 5, 1974
Page 15
Mr Peterson's hands since Mr Peterson is engineer in charge of the
project
Wayne Peterson, Assistant City Engineer, felt that either company
would do a good job, but the recommendation for Buena Engineering
was based on the fact that they had worked with the City over the
past several months on this particular project, and had done a
good Job for the City and were very cooperative on this most
difficult project
Councilman Graham stated he was in support of the staff's recommendation
to hire Buena Engineering
David Williamson, Assistant City Administrator, stated he felt both
labs were competitive cost wise, professionally competent, and would
supply similar service to the City, but he felt the staff decision
was well thought out and based on their recent experience with this
project, felt that Buena Engineering was more satisfactory
On motion of Councilman Graham, seconded by Mayor Schwartz that the
City Council accept the recommendation of the staff and retain
Buena Engineering Inc Motion carried on the following roll call vote
AYES Councilmen Graham, Brown and Gurnee and Mayor Schwartz
NOES Councilman Norris
ABSENT None
C -9 The memorandum from David Williamson, Assistant Administrative
Officer, regarding proposal by Local Chapter of the California
Association of the Physically Handicapped was-referred back to CAPH
as per staff recommendation
C -10 The memorandum from Robert Strong on City logo and layout
for City letterhead, cards, envelopes, etc was approved to move ahead
C -II The Quarterly Report on Capital Improvement Program progress
was received as an informational item
C -12 The memorandum from William Flory, Director of Parks 8
Recreation, reporting on conditions at Laguna Lake Golf Course
(continued from 7/15/74 - a letter from Betty Y Carpenter) was
received and filed
C -13 The memorandum from Wayne Peterson, Assistant City Engineer,
regarding status on the Penfield 8 Smith contract for Engineering
Sery ices for the Los Osos Valley Water Project was received and filed
C -14 A COVENANT from Jack and Sybil Westerman, 690 Pasatiempo
Drive, for two foot high concrete block retaining wall adjacent to
six foot integral sidewalk was accepted and the Mayor was authorized
to record
C -15 Communication from Stewart Williams, Central California
Australian Shepherd Fanciers, requesting permission to use a public
address system in Santa Rosa Park on September I, 1974 between 8 00 A M
and 5 00 P M was approved subject to control of the public address
system
City Council Minutes
August 5, 1974
Page 16
C -16 Communication from Peace and Freedom Party requesting
permission to use either Santa Rosa Park, Mitchell Park or Mission
Plaza on August 11, 1974 from 1 00 to 5 00 or 6 00 P M to hold a
potluck picnic - political rally using a public address system was
approved subject to control of public address system
C -17 On motion of Councilman Brown, seconded by Councilman Graham
the EASEMENT from PG&E be accepted for Railroad Avenue but only upon
completion of the improvements as required by the City
C -18 The Mayor was authorized to execute the following agree-
ments, and the Finance Department authorized to begin payments for
this fiscal year
A Social Service Coordinator $11,000 /yr
B Grass Roots Two 16,340/yr
C HOTLINE, INC 1,200 /yr
D Family Services Center 1,500 /yr
C -19 Memorandums from the Fire Department and Building Department
regarding permission from Arnold Volny to begin construction of his
apartments on Mill Street before installation of second fire hydrant,
and memorandum from Assistant Administrative Officer regarding per-
mission to start construction in view of previous approval of precise
development plan was received and filed
C -20 On motion of Councilman Brown, seconded by Councilman Graham
the following resolution was introduced RESOLUTION NO 2653 (1974 Series),
a resolution of the Council of the City of San Luis Obispo requiring_
sidewalk improvements on portions of various streets in the City of San
Luis Obispo
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
C -21 On motion of Councilman Brown, seconded by Councilman Graham
the following ordinance was introduced ORDINANCE NO 622 (1974 Series),
an ordinance of the City of San Luis Obispo authorizing an amendment to
the contract between the City of San Luis Obispo and the Board of
Administration of the California Public Employee's Retirement System
Passed to print on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
C -22 Letter from the League of California Cities concerning Amicus
Participation in the Petaluma Appeal was ordered received and filed
City Council Minutes
August 5, 1974
Page 17
C -23 Complaint by citizens in Oceanaire Mobile Home Park regarding
the rock band that holds practice sessions in a nearby carport was
continued to a public hearing on motion of Councilman Brown, seconded
by Councilman Graham on August 19, 1974
C -24 On motion of Mayor Schwartz, seconded by Councilman Brown
the City Council denied the claim of Ray C Skinner and referred it
to the insurance carrier Motion carried
C -25 The claim against the City of San Luis Obispo by Mrs Neva
Silacci was denied and referred to the insurance carrier
C -26 Claim against the City of San Luis Obispo from Raymond J
Hearne claiming damages for tripping on sidewalk was denied and
referred to the insurance carrier
C -27 Administrative Officer announced the following appointments
subject to a one -year probationary period
Caren D Agueda - Secretary, starting 8/5/74
Casey W Allison - Water Supply Assistant, starting 8/1/74
Samuel H Mentemeier - Utility Plant Operator I, starting 8/1/74
Richard R Veilleux - Janitor, starting 8/1/74
---------------------------------------------------------------------
' TRAFFIC COMMITTEE ITEMS
TC -1 74 -8 -IC Traffic problem on Chorro Street -- Committee's
agreement to purchase radar equipment, not to
install stop signs on Chorro Street, revise speed
limit and reconsider setback lines on Chorro
This item was continued until the second meeting in September, 1974
TC -2 74 -8 -2T Recommend that 12 minute green zone in front of
890 Mill Street be removed
TC -3 74 -8 -3T Recommend one -space loading zone on Nipomo north of
bus stop and in front of proposed restaurant and
that curbing between in and out driveway on
Higuera be painted red and that one car space east
of the easterly driveway be designated as a loading
zone
On motion of Councilman Brown, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2658 (1974 Series),
a resolution of the Council of the City of San Luis Obispo establishing
loading zones on Nipomo Street and Higuera Street, prohibiting parking
on Higuera Street and rescinding a 12 minute green zone on Mill S reet
' Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
City Council Minutes
August 5, 1974
Page 18
BIDS RECEIVED
B -1 City Clerk reported on the following bid received for PORTABLE
LIQUID LEVEL RECORDERS Bids opened July 30, 1974 at 2 30 P M
MANNING ENVIRONMENTAL CORP
120 Du Bois Street
Santa Cruz, CA
Item No I
Furnish one (1) liquid level recording
instrument with a range of 0" to 30 ", $1,211 00
complete with specified equipment and
materials
Item No 2
Furnish two (2) liquid level recording
instruments each with a range of 0" to $2,182 00
15 ", complete with specified equipment
and materials
Item No 3
Furnish one (1) battery recharger $ 15 00
(controlled charge rate)
DEVIATIONS
None '
On motion of Councilman Gurnee, seconded by[ Counci_Iman_Gr_aham that the
bid of Manning Environmental Corporation in the amount of $3,612 48
including tax be accepted Motion carried, all Ayes
B -2 City Clerk reported on the following bids received for
STREET RESURFACING PROJECT, City Plan No 47 -74 Bids opened July 30,
1974 at 2 00 P M
Engineer's Estimate $139,252 50
R Burke Corp
P 0 Box 957 125,082 00
San Luis Obispo
C S Const Co
180 South Dolliver 127,351 00
Pismo Beach
M J Hermreck, Inc
P 0 Box 217 129,394 60
Nipomo
Madonna Const Co
P 0 Box 910 132,173 20
San Luis Obispo
Sully Miller Contractors
3555 Vineyard Avenue
Oxnard
City Council Minutes
August 5, 1974
Page 19
$133,961 00
A J Diani Const Co
P 0 Box 636 139,980 00
Santa Maria,
On motion of Councilman Gurnee, seconded by Councilman Graham the
low bid of R Burke Construction be accepted in the amount of $125,082 00
The City Council adjourned to Executive Session
The City Council returned to open meeting and passed the following
motion and resolution dealing with Police salaries, etc
On motion of Councilman Brown, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2646 (1974 Series),
a resolution of the Council of the City of San Luis Obispo terminating
1974 meet and confer sessions with the Police Officer's Association
and establishing a 1974 -75 pay schedule for members of the Police
Officers' Association
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Norris and Mayor Schwartz
NOES Councilman Gurnee
ABSENT None
On motion of Councilman Brown, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2648 (1974 Series),
a resolution of the Council of the City of San Luis Obispo authorizing
the Administrative Officer, the City Clerk and the City Attorney to
defend the action filed by the Police Officers' Association
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
On motion of Councilman Graham, seconded by Councilman Brown the meeting
adjourned to 12 10 P M Tuesday, August 6, 1974
APPROVED November 4, 1974
F A RICK, CITY CLERK
1
IPledge
Rnil ra11
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 6, 1974
CONFERENCE ROOM, CITY HALL
12 10 P M
Present John Brown, Myron Graham, T Keith Gurnee
and Kenneth E Schwartz
AAbsent Jesse Norris
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, D F Romero, City Engineer, E L
Rodgers, Chief of Police, Wayne Peterson,
Assistant City Engineer, William Flory, Director
of Parks 8 Recreation, Robert Strong, Planning
Director
9A Frank G Exter, Chairman, Ad Hoc Task Force on Resources
Inventory, appointed by the City Council on March 25, 1974, to consider
the proposed Ordinance No 604, submitted their report to the City
Council at this time
Mr Exter stated that the Ad Hoc Committee heard presentations by the
various City Department Heads relative to the areas of Jurisdiction
and responsibility, made further inquiry, and discussed the proposals
The matter was extended over a 17 -week period
Mr Exter then reviewed recommendations made by the Committee that
guided the Ad Hoc Committee on two basic principles
That the City had the responsibility to determine
availability and adequacy of municipal services and
resources to any property in the City of San Luis
Obispo and to make such information available to the
public, and that
2 The citizenry of the City had the right to know the
condition of the City's resources at all times in order
that the City cost for proposed increases in resource
inventories could be measured against development
benefits to the community
In order to realize these two principles, the Task Force recommended
That the City develop and maintain up -to -date and
reliable information on the current and future capability
of the City's basic resources
2 That the resource inventory system include
City Council Minutes
August 6, 1974
Page 2
A Water Sources
B Water Distribution Systems
C Fire Fighting Capability
D Sewage Treatment Capacity
E Sewage Collection Systems
F Park and Open Spaces
G Land by Use Category
H Schools (to be coordinated with the School
District and College Authorities)
Storm Drainage
J Police
K Library
L Pedestrian and Vehicular Circulation
3 It was reasonable to expect Department Heads to certify
as to availability and adequacy of municipal resources
4 The City Council establish certification procedures
5 The procedures to be used should be set forth in an
Ordinance
6 In instances where City Department Heads presently have
sufficient information to certify as to availability and
adequacy of municipal resources, the City accelerate
its efforts to collect missing chart and map information
7 The City allocate adequate budget to correct inventory
gaps and to maintain the total resource inventory up to
date
8 In the meantime, it was reasonable to expect Department
Heads to proceed with a certification program and to do
immediate localized invesTigations to ascertain and
report on the status of resource capabilities for
individual projects
The Task Force then submitted six amendments they felt should be pre-
sented and put into the draft of Ordinance No 604 In addition to the
six amendments to Ordinance No 604, the Task Force made the following
general recommendations
That recognition be given to possible impact which would
result from decisions made by public agencies other than
the City of San Luis Obispo and recommended that the City
explore the possibility of establishing procedures to
coordinate the development of these agencies and their
effect upon City resources
City Council Minutes
August 6, 1974
Page 3
2 That Ordinance No 604 be adopted with the amendments
recommended by the Task Force incorporated therein
' Mr Exter concluded by stating that this was a brief overview of
the major recommendations of the Ad Hoc Task Force, and he would
be most happy to answer any questions the Council wished to ask
Mrs Janice A Clucas, member of the citizens Ad Hoc Task Force on
Resource Inventory, submitted a minority report on behalf of herself
and Glenna Dean Dovey, which stated their primary objection was to the
amendments being recommended by the Task Force to the Ordinance
The minority group felt the amendments needed clarification before
incorporation into an ordinance Therefore they asked the following
questions
Amendment #1
Where does the City's greater responsibility lie, to the
present residents and taxpayers? to transient residents?
to property owners or residents outside the City? to the
Developer?
What is meant by "reasonable growth "?
Amendment #3
Is this not already a City policy? Why does it need to
be in a new ordinance?
Amendment #4
As in Amendment #I, where does the City's greater responsibility
lie? Which deficiency should get attention first?
How should the City's financial resource capabilities be
determined by current budget, bonding capacity, taxing to
the maximum limits, or revenue sharing funds?
In considering Amendment #2, the minority group agreed that standards
and criteria should be adopted as soon as possible by the City, but
they felt this direction should remain part of the ordinance as in
Section 2800 5 The ordinance should be the law which required
establishment of such standards
In regard to Amendment #5, the minority group requested the inclusion
under water in level one systems of a distinct reference to fire
fighting capabilities, not spelling it out could conceivably lead to
another situation such as the current problem in the Los Osos Valley
10 Memorandum from the City Attorney reminding the City Council
that the seven -year grace period for the removal of non - illuminated and
off -site non - conforming signs under the City's sign ordinance expired
in early September, 1974
Janice Clucas, on behalf of the minority
report,
stated that they
agreed with the balance of the Task Force
recommendation,
however, they
asked that the City Council consider the
minority
viewpoint
The Mayor thanked the Chairman of the Ad
Hoc Task
Force and also the
minority spokesman and suggested that this
matter
be continued
10 Memorandum from the City Attorney reminding the City Council
that the seven -year grace period for the removal of non - illuminated and
off -site non - conforming signs under the City's sign ordinance expired
in early September, 1974
City Council Minutes
August 6, 1974
Page 4
Although the City was unsuccessful in obtaining the removal of the
Ryan signs on Monterey Street under the City's nuisance abatement
ordinance, the lack of success was due to the special facts surrounding
the issuance of the permit to rebuild in that case In general, the
City Attorney recommended the utilization of the nuisance abatement
procedure for the removal of signs which violated the sign ordinance
In order to make it clear to the courts that the Council intended to
utilize the nuisance abatement procedure for such signs, he recommended
that the City Council adopt an ordinance which added a section to the
sign ordinance specifically declaring that signs in violation of the
sign ordinance were public nuisances
The City Council discussed with the City Attorney the proposed amend-
ment to the Municipal Code
On motion of Councilman Graham, seconded by Councilman Brown the
following ordinance was introduced ORDINANCE NO 623 (1974 Series),
an ordinance of the City of San Luis Obispo amending the Municipal
Code to provide that signs erected, existing or maintained in violation
of provisions of the sign ordinance are public nuisances
Passed to print on the following roll call vote
AYES Councilmen Graham, Brown, Gurnee and Mayor Schwartz
NOES None
ABSENT Councilman Norris
II Memorandum from Robert Strong, Planning Director, requesting
that the City Council consider the adoption of a resolution for sub-
mission to the County and Cities Area Planning Coordinating Council and
the Council on Intergovernmental Relations, requesting a time extension
for General Plan Element adoption by the City of San Luis Obispo
On motion of Councilman Brown, seconded by Councilman Graham, the
following resolution was introduced RESOLUTION NO 2649 (1974 Series),
a resolution of the Council of the City of San Luis Obispo requesting
General Plan Element time extensions
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz
NOES None
ABSENT Councilman Norris
12 Memorandum from Robert Strong, Planning Director, informing
the City Council that URA, Building Condition Survey, completed the
first segment of their assignment on a parcel -by- parcel evaluation of
residential building conditions, historic and architectural significance,
and other individual and neighborhood characteristics, a study which
was part of the General Plan update presently under conrract in the ,
City of San Luis Obispo
It was requested that the City Council authorize an increase from the
initial allowance of $2,500 for URA services, in order to continue
City Council Minutes
August 6, 1974
Page 5
the same survey in the second and third areas of the City of San
Luis Obispo The amended cost would not exceed $3,630
Robert Strong wished to remind the City Council that the approved
budget for this allocation was $4,000
' On motion of Councilman Graham, seconded by Councilman Brown the
request was approved, the URA contract was extended, and also the
contract payment of $1,050 was approved by the City Council
13 Memorandum from Robert Strong, Planning Director, requesting
that the City Council consider the amendments to the City's Environ-
mental Impact Guidelines and Procedures was continued to the August 12,
1974 meeting
14 Communication from Oceanaire Mobile Home Park questioning
garbage rates was continued to the next Council meeting of August 19,
1974
15 Memorandum from Robert Strong, Planning Director, regarding
grading at the French Hospital and Clinic Site, 1911 Johnson Avenue
Mr Strong stated that on Saturday, July 27, 1974 he observed that
grading in the vicinity of the parking lot behind the French Hospital
and Clinic had distributed fill to a large undeveloped terrace, con-
siderably beyond any authorized activity He stated he was familiar
with the approved plan for the grading as it required explanation
and modification prior to the Planning Department recommending
approval at the Planning Commission for EIR determination on May 14,
' 1974, as well as City Council acceptance for "off- site" grading beyond
the area of precise development proposals on May 24, 1974
He continued a further Joint inspection with the City Engineer,
Assistant Administrative Officer and the City's Public Works Inspector
and a review of the approved plan revealed other discrepancies between
the accepted profile and grades, and observed field conditions,
none authorized by the City The differences were significant -
spreading of excess fill over several acres beyond limited area
authorized, banks and slopes visibly steeper and up to seven (7)
feet higher than approved, and surface drainage not as provided on
the plans
Robert Strong continued he recognized the sensitivity of this
particular property and spent several hours meeting in both the
office and in the field reviewing the initially proposed plan with
Charles French and Ben Maddalena and repeated this exercise after
receiving requested plan revisions Only after several days of
subsequent meetings with the same representatives and staff insistence
that excess or "minimum standard" grading could require greater
evaluation and therefore delays, did they resolve a plan acceptable
to the Planning Department, receive a negative declaration from the
Planning Commission; and obtain Council approval
He stated to his opinion, the representatives of the French Hospital
knowingly exceeded the grading authorized by permit and failed to
comply with plans and standards mutually and publicly accepted He
stated that while it was possible to consider an amended plan or to
remove or alter unacceptable deposits to correct the discrepancies,
it represented a blatant disregard for City procedures including
environmental impact, engineering, planning and Council determinations,
and he felt punitive action should be sought by the City Council of
the property owner
CITY Council Minutes
August 6, 1974
Page 6
He concluded he conferred with the City Attorney, who also believed
that it was unfortunately sometimes necessary to demonstrate that City
ordinances and procedures were imporrant and that compliance was
enforceable He therefore requested that the City Council authorize
the filing of a misdemeanor violation against the parties involved
in this permit and the staff be authorized to pursue citation proceedings
against others who, in the future, show similar apparent and inTentional
disregard
D F Romero, City Engineer, reviewed for the City Council the steps
taken by his department in approving plans and in the inspection of
the approved grading, filling and dumping on the French Hospital Site
He also informed the Council that he had written to French asking that
the fill be brought to conform with the approved plan or a new grading
plan be submitted for staff consideration
Ben Maddalena, engineer representing Central Coast Engineering, engineers
for the French properties, stated that as requested by the City Engineer,
they would submit a grading plan showing the revisions to the initial
grading plan which provided for the embankment of material excavated
for the basement and for the parking area of the French Clinic He
continued that additional embankment was generated due to the following
reasons
A subsequent decision was made to import approximately
10 inches of top soil instead of utilizing the native
adobe material initially found on a corner of the
project A portion of the adobe was removed, stock-
piled in another location and then spread around the ,
buildings This material was then again moved out of
the building area to the embankment area
2 During preparation of the parking area, a portion
of the subgrade was found to be unstable and had to
be replaced by Kaiser base material The unsatisfactory
sub -base material was taken to the embankment area
3 The stockpile of the basement material existing on the
site possibly contained more than initially estimated
He stated at no time was there any intention to violate the grading
ordinances At all times it was felt that the work lay within the
scope of the initial permit It was also felt that the work was
correct and in accordance with good engineering practices He stated
had the view been otherwise, work would have ceased and a resubmission
of the plan would have been made regardless of delays encountered
He concluded that should both the present field conditions and the
proposed revised grading plan not be acceptable, the property owners
would comply in total with the initial plan as they felt the work was
still in progress He stated they sincerely regretted the re- emergence
of any controversy regarding the project and apologized for not
handling required changes in site grading in complete accordance with
the wishes of the CITY Departments
The City Council discussed with Mr Maddalena, engineer for the property
owner, and D F Romero, City Engineer, various safeguards that could be
incorporated in plans for future grading permits within the City to
avoid the embarrassment of such a situation
City Council Minutes
August 6, 1974
Page 7
A discussion was made of some way to protect both the City and the
property owner from this type of problem
Councilman Gurnee reviewed the history of grading on the French
' Hospital and Clinic Site since its inception It was his opinion
that the developer and his engineers had constantly exceeded the permits
issued for grading and earthmoving on the site He urged that the
City Council support the request of the Planning Director and City
Attorney, and a misdemeanor complaint be filed against the developer
or his engineer or whoever was responsible for complete disregard
of City ordinances and regulations
Councilman Brown asked for clarification of the City Attorney of Just
what violations were involved as far as a misdemeanor was concerned
A J Shaw, City Attorney, explained the violation which called for
the filing of a misdemeanor complaint
Mayor Schwartz felt the Council should require that the earth be
removed to meet the permit and grading plan as submitted by the engineer
and property owner and approved by the Planning Commission and City
Council
On motion of Councilman Brown, seconded by Mayor Schwartz that the
City order the removal of any excess dirt from the site and the property
owner be forced to comply with the grading plan that was approved by
the City and for which a permit was issued Motion carried, all
Ayes, Councilman Norris absent
' 16 Council consideration of a Charter Amendment to increase
Mayor and Council Members' salaries was continued to the study session
of August 12, 1974, on motion of Councilman Brown, seconded by
Councilman Graham Motion carried, all Ayes, Councilman Norris
absent
17 David Williamson, Assistant Administrative Officer, presented
to the City Council a time schedule for the proposed Council Chambers
and basement remodeling of City Hall for their consideration He
stated the time schedule had been developed Jointly by Mr Ethan
Jennings, Architect for the project, and himself He stated the
time schedule was compressed to a minimum and would require several
Council study sessions to accomplish and keep the program on schedule
CITY HALL REMODELING PROJECT TIME SCHEDULE
August 2 Concept plans for Council Chamber remodel available
in City Clerk's Office
August 5 Council presentation of concept plans for remodel
of Council Chambers - Council decision
August 10 Management Workshop re management concepts and
City organizational structure
August 12 Discuss City Hall organization - Council decision
August 16 Concept plans for basement remodel and preliminary
drawings for Council Chambers available for review
in City Clerk's Office
City Council Minutes
August 6, 1974
Page 8
August 19 Council presentation of concept plans for remodel
of basement - Council decision
Review and approve preliminary drawings for Council
Chambers
September 6 Preliminary plans for basement remodel available for
review in City Clerk's Office
September 9 Review and approve preliminary plans for basement
September 30 Review and approve working drawings for Council
Chambers and basement
October 2 Advertise for bids
November I Open bids
°- November 4 Council presentation of bid results and approval of
contract
November 6 -16 Begin construction and order materials
January 6 -16 Estimate completion of Council Chambers
May 15 Estimated completion of basement
David Williamson and Ethan Jennings then presented for the City Council's
consideration several schematic drawings and plans for remodeling of
the Council Chambers and improving seating and viewing areas 1
Three separare plans were presented for Council consideration It
showed a rearranged area for the City Council desk, an area for the
Department Heads facing the public, a new visual screen, public address
system, tape recording equipment to be included in the remodeling,
and also the addition of theatre -type chairs for the audience and
also a plan for raising the back of the Council Chambers in a theatre -
like atmosphere The estimated cost of scheme #1 was $75,240 The
estimated cost of Scheme #2 was $65,736 The estimated cost of Scheme #3
was $31,786
The City Council discussed with Mr Williamson and Mr Jennings some
of the concepts in the remodeling of the Council Chambers and the
relationship between the Council, Department Heads, media, and the
public
After discussion of the various concepts and schematic drawings, it
was moved by Councilman Gurnee, seconded by Councilman Graham that the
City Council accept the concept as presented by the Architect in Scheme #1,
with the City staff to proceed with detailed plans and specifications for
its implemenration Motion carried, all Ayes, Councilman Norris absent
David Williamson then submitted for the City Council's consideration a
contract wiTh Ethan Jenninos for Architectural services for the
remodeling of the City Hall basement and Council Chambers
On motion of Councilman Graham, seconded by Councilman Brown the City
Council accepted the standard contract for architectural services and
authorized the Mayor to sign on behalf of the City Motion carried,
all Ayes, Councilman Norris absent
City Council Minutes
August 6, 1974
Page 9
Mr Williamson continued that he had taken into consideration the
fact that work programs undertaken by Zone 9 would be subject to
policy review and formulation by the Zone 9 Advisory Committee, which
had two City representatives, and funding would be from all of the
property owners living within the San Luis Obispo creek watershed
In terms of work accomplishment, it seemed reasonable that -the steps
from policy formulation to actual completion of work be directly
coordinated through a single office or individual which should be
the County Engineer's Office Under this arrangement the City would
have the opportunity to review and evaluate the type of work to be
done within the waterways This would include review by the Waterways
Planning Board
' If the City were to adopt the procedure proposed by the County, work
would be done under the supervision of the City and problems in communi-
cation between the City staff and the County would result because
responsibility for actual work would be with one agency and funding
would be from another agency
He asked that the City Council consider this matter and advise the
City's Zone 9 representatives as to the best approach for the City
The City Council discussed with the City's representatives to the
Zone 9 Advisory Board, and felt they concurred with the staff
recommendation that Zone 9 handle streambed maintenance either
through the County Engineer's Office with their own employees or
with contract employees, and the City not be involved in the actual
maintenance program
19A D F Romero, City Engineer, submitted to the City Council
a presentation made by him before the Water Quality Control Board in
Santa Maria on July 24, 1974, regarding the Basin Plan
He stated that the main thrust of his presentation was that even the
State consultant on the Basin Plan was uncertain as to the direction
which the City should be required to take in disposing of its
treated effluent He requested that the Board give direction to the
City that a thorough study be made of the benefits and detriments
to stream discharge, and that this study be financed under a federal
grant for sewage disposal
He also stated he asked that the Water Duality Control Board have
the consultant submit more detailed information regarding the
environmental impact of prohibition of discharge of effluent to San
Luis Obispo Creek This was an important item to the people living
below San Luis Obispo
18 Memorandum from David Williamson, Assistant Administrative
Officer, notifying the City Council that the next regularly scheduled
meeting of the Zone 9 Advisory Committee would be held on August 9
and the primary subject of discussion would be establishment of a
streambed maintenance program
'
He stated that following a discussion with the County Engineer's
Office and the City Public Works Director, the County suggested that
maintenance might be accomplished by City work forces with reimburse-
ment by Zone 9 The City Public Works Director stated his preference
was that work be completed by forces other than City work forces,
either County employees or contractors to Zone 9 His recommendation
was on the basis that if this were done by County employees or
private contractors, then City employees would be available to
concentrate on waterways and other drainage facilities which would
not be included in the scope of the work undertaken by Zone 9
Mr Williamson continued that he had taken into consideration the
fact that work programs undertaken by Zone 9 would be subject to
policy review and formulation by the Zone 9 Advisory Committee, which
had two City representatives, and funding would be from all of the
property owners living within the San Luis Obispo creek watershed
In terms of work accomplishment, it seemed reasonable that -the steps
from policy formulation to actual completion of work be directly
coordinated through a single office or individual which should be
the County Engineer's Office Under this arrangement the City would
have the opportunity to review and evaluate the type of work to be
done within the waterways This would include review by the Waterways
Planning Board
' If the City were to adopt the procedure proposed by the County, work
would be done under the supervision of the City and problems in communi-
cation between the City staff and the County would result because
responsibility for actual work would be with one agency and funding
would be from another agency
He asked that the City Council consider this matter and advise the
City's Zone 9 representatives as to the best approach for the City
The City Council discussed with the City's representatives to the
Zone 9 Advisory Board, and felt they concurred with the staff
recommendation that Zone 9 handle streambed maintenance either
through the County Engineer's Office with their own employees or
with contract employees, and the City not be involved in the actual
maintenance program
19A D F Romero, City Engineer, submitted to the City Council
a presentation made by him before the Water Quality Control Board in
Santa Maria on July 24, 1974, regarding the Basin Plan
He stated that the main thrust of his presentation was that even the
State consultant on the Basin Plan was uncertain as to the direction
which the City should be required to take in disposing of its
treated effluent He requested that the Board give direction to the
City that a thorough study be made of the benefits and detriments
to stream discharge, and that this study be financed under a federal
grant for sewage disposal
He also stated he asked that the Water Duality Control Board have
the consultant submit more detailed information regarding the
environmental impact of prohibition of discharge of effluent to San
Luis Obispo Creek This was an important item to the people living
below San Luis Obispo
City Council Minutes
August 6, 1974
Page 10
He concluded that the Water Quality Control Board was merely
gathering information at this hearing, and the information submitted
would be used for additional modification to the Plan which would
be subject to a final hearing sometime in the future I
The City Council thanked the CiTy Engineer for bringing them up to
date on his presentation before the WOCB
I 9 D F Romero, City Engineer, submitted for the City Council's
consideration a proposed resolution which would add additional
support to the presentations made by him before The Water Quality
ConTrol Board
The City Council discussed the resolution entitled, "A resolution
of the Council of the City of San Luis Obispo requesting modification
to the Basin Plan and Discharge Requirements for the San Luis Obispo
Sewage Treatment Plant"
On motion of Councilman Gurnee, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2651 (1974 Series),
a resolution of the Council of the City of San Luis Obispo requesting
modification to the Basin Plan and Discharge Requirements for the
San Luis Obispo Sewage Treatment PlanT
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz
NOES None
ABSENT Councilman Norris
On motion of Councilman Gurnee, seconded by Councilman Graham the
following resolution was introduced RESOLUTION NO 2650 (1974 Series),
a resolution of the Council of the City of San Luis Obispo asking
the Channel Counties Division of the League of California Cities to
recommend to the League support for legislation providing dual City -
County control of the unincorporated areas surrounding — cities
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Graham, Brown and Mayor Schwartz
NOES None
ABSENT Councilman Norris
The City Clerk was instructed to provide sufficient copies to all cities
in the Channel Counties Division for their consideration at The August 9,
1974, meeting
19C The Mayor submitted for the Council's information a letter
he received from George E Hoffman, owner of the Hidden Hills Mobi lodge
on Tank Farm Road, asking that they be annexed to the City or at least ,
have their sewage taken care of by the City of San Luis Obispo
In the Hoffman letter the Mayor stated that the property owners had been
requested by representatives of the Regional Water Quality Control Board
City Council Minutes
August 6, 1974
Page II
to request such sewage service The Mayor stated he wrote a letter
to Mr Hoffman asking that they submit to the City Council what new
information had been presented by the Water Quality Control Board
to warrant a hearing before the City Council The Mayor stated he
felt that before the Council would again hear the same problem, they
' wished to have additional input
The Mayor submitted a letter, a copy of which was sent to Mr Hoffman
from Kenneth R Jones, Executive Officer, stating that the recent
permit granted to the City of San Luis Obispo for sewage treatment
specified that the City could no longer adhere to the present system
of waste discharge In order to comply with the permit the City
must modify their system Mr Jones stated that the City must allow
Mr Hoffman to connect to the City's water system, if not allowed,
the WQCB staff would recommend denial of any Federal and State
monies granted to future projects for the City of San Luis Obispo
The Mayor stated he was not asking for action but wanted to bring
the matter to the Council's attention
21 D F Romero, City Engineer, presented plans and specifications
for purchase of WASTEWATER TREATMENT PLANT BARMINUTOR for the City
Sewage Treatment Plant The estimated cost was $16,000
On motion of Councilman Gurnee, seconded by Councilman Graham the
City Engineer was authorized to call for bids on this item
22 0 F Romero, City Engineer, presented plans and specifications
for PARALLEL SEWERLINES PROJECT, City Plan No 46 -74 The estimated
cost was $41,000 The parallel sewerlines would be Santa Rosa,
' Monterey to Marsh, CIP #21 - Palm 8 Grove to California and Monterey
added to this CIP item
On motion of Councilman Gurnee, seconded by Councilman Brown the
plans and specifications were approved and the City Engineer was
authorized to call for bids Motion carried, Councilman Norris
absent
23 Wayne Peterson, Assistant City Engineer, presented plans
and specifications for the LOS OSOS VALLEY -OLD TOWN WATER MAIN CONSTRUCTION,
City Plan No W73 -10 The estimated cost was $652,000 CIP #1
On motion of Councilman Gurnee, seconded by Councilman Graham the
Council approved the plans and specifications and authorized the
call for bids Motion carried
24 Memorandum from Wayne Peterson, Assistant City Enoineer,
notifying the City Council that they had notified California
Polytechnic State University of an increase in the cost of sewage
treatment under agreement which allowed an adjustment to a rate
charged per million gallons of sewage treatment on a regular basis
At the request of University representatives, the matter was continued
for consideration to the August 19, 1974 meeting
25 D F
Romero, City
Engineer, presented
for the
Council's
'
consideration an
amendment to
the Broad - Lincoln
Culvert
Project
presently under
construction
for drainage on Old
Garden
Creek
City Council Minutes
August 6, 1974
Page 12
The City Engineer stated that plans and specifications for this contract
called for a reinforced concrete box culvert During construction,
the contractor experienced some serious difficulty with retention of
the natural earth banks while excavating for the culvert The
contractor had suggested a substitution which would provide for
extra large blocks with cells of sufficient dimension to provide
for the full reinforced concrete wall specified There was sufficient
benefit to the contractor that he was willing to give a credit of
$2,000 to the City if the change were permitted The change would
result in a slight increase in the amount of steel, the concrete, and
strength of The box culvert, with a net cost savings to the City
The City Engineer stated he had no objection to the change, however,
it was such a significant deviation from the plans, he wished to submit
this for Council review and approval Since this change was a key
item, the work could not progress until the contractor had an answer
from the City Council Therefore, he wanted to discuss this matter
with the City Council at this time
He then submitted samples of the type of blocks or cells that would
be used in lieu of concrete culvert He assured the City Council that
the wall would be as strong or stronger using the substitute material
On motion of Councilman Brown, seconded by Councilman Graham the City
Engineer was authorized to make the amendment as recommended
On motion of Councilman Brown, seconded by Councilman Graham the
meeting adjourned at 3 10 P M , August 6, 1974 to 7 30 P M , August 12, I
1974 Motion carried, Councilman Norris absent
APPROVED November 4, 1974
" F TRICK, CITY CLERK
IPledge
Roll Call
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, AUGUST 12, 1974 - 7 30 P M
CITY HALL
Present John Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Kenneth E Schwartz
Absent None
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, Jr , City
Attorney, David Williamson, Assistant Administrative
Officer, William Flory, Director of Parks and
Recreation, E L Rodgers, Police Chief, Wayne
Peterson, Assistant City Engineer, Lee Schlobohm,
Fire Chief, Robert Strong, Planning Director
I Continued discussion of the report by the Ad Hoc Task Force
Committee on Resource Inventory and proposed amendments to Ordinance
No 604 (continued from the Council meeting of August 5 and 6, 1974)
Mr Frank Exter, Chairman of the Ad Hoc Task Force Committee on Resource
Inventory again reviewed in detail the activities of the Task Force
over the past seventeen weeks of study He then stated, on behalf
of the Task Force, that they recommend-that the Ciry Council be
guided by the following two principles
The City has the responsibility to determine the
availability and adequacy of municipal services and
resources to any property in the City of San Luis
Obispo and to make that information available to
the public
2 The citizenry of the City have the right to know
the condition of the City's resources at all times
in order that the City's costs for proposed increases
in resource inventories can be measured against
development benefits to the community
In order to realize these principles, the Task Force recommends
I The City should develop and maintain up -to -date and
rellable information on the current and future capa-
bility of the City's basic resources
i
2 The resource inventory system should include
a) Water sources
b) Water distributions systems
City Council Minutes
August 12, 1974
Page 2
c)
d)
e)
f)
9)
h)
i)
J)
k)
I)
Fire fighting capability
Sewage treatment capacity
Sewage collection systems
Parks and open spaces
Land by use category
Schools (coordinate with school district and
college authorities)
Storm drainage
Police
Library
Pedestrian and vehicular circulation
3 It is reasonable to expect department heads to certify
as to the availability and adequacy of municipal resources
4 The City Council should establish certification procedures
5 The procedures to be used should be set forth in an ordi-
nance
6 In instances where city department heads presently have
sufficient informaTion to certify as to the availability
and adequacy of municipal resources, the City should
accelerate its efforts to collect, chart and map missing
information
7 The City should allocate adequate budget to correct
inventory gaps and to maintain the total resource
inventory constantly up to date
8 In the meantime, it is reasonable to expect department
heads to proceed with a certification program and to do
immediate localized investigations to ascertain and report
on the status of resource capabilities for individual
projects
Based upon presentations made to the Task Force by City department heads,
the majority of The Task Force had the opinion that the present ability
of City departme -t heads to cerTify as to the availability and adequacy
of municipal resources exists now, except in the case of sewage collection
because of the new regulation of the Water Quality Conrrol Board and
in the case of land use by category because of the pending revision of
the General Plan
The Task Force concluded that There should be amendments to the present
draft of Ordinance 604 The Task Force recommends the following
There should be added to the preamble of Ordinance 604
the statement that it is the City's responsibility to
provide facilities for expecTed and reasonable future
growth
2 City standards and criteria should be reviewed and
established before The adoption of'Ordinance 604 (and
Section 2800 5 of the Ordinance 604 as presently written
should be deleted)
3 The ordinance should reflect that the City has the
responsibility to determine and allocate, between the
City and the property owner, The costs of making
improvements to public resources and facilities required
as a condition of improvement to property according to
the benefiT conferred
4 The ordinance should reflect that the City has the
responsibility to act, within the City's financial
resource capability and according to planning guide-
lines, to resolve resource deficiencies
City Council Minutes
August 12, 1974
Page 3
5 The ordinance should establish two levels of criticality
Level I Level I includes life and safety support
systems such as water (supply and distribution), sewer
(collection and treatment), and flood control (storm
drain) facilities Inadequate facilities shall be
the basis for permit denial and hearings shall be held
in accordance with the provisions contained in Ordinance
604 to determine appropriate remedial action
Level 2 Level 2 shall include safety and security
services such as fire, police, pedestrian and vehicular
circulation, social, cultural and educational facilities
such as youth centers, libraries and schools In-
adequate Level 2 facilities shall be a basis for
initiation of hearing procedures as specified in
Ordinance 604 to determine corrective solutions,
however an inadequacy of Level 2 type facilities
shall not be a basis for denying the issuance of
permits
6 The ordinance should provide that when a governmental
entity other than the City of San Luis Obispo requests
additional resources, the request shall be processed
in accordance with the procedure contained in Ordinance
No 604
In addition to the above, the Task Force makes the following general
recommendations
That recognition be given to possible impacts which
result from decisions made by public agencies other
than the City of San Luis Obispo and recommend that the
City explore the possibility of establishing procedures
to coordinate the development of these agencies and
their affect upon City resources
2 That Ordinance 604 be adopted with the amendments recommended
by the Task Force incorporated therein
The City Council discussed with Frank Exter some of the thinking behind
the recommendations of the Task Force on ways and means of keeping
up on the resource inventory of City facilities
Mrs GlennaDeane Covey reviewed the reasons for the minority report for
Council information
The primary objection was to the amendments which were recommended
regarding the draft of Ordinance No 604 She felt that some of the
amendments needed clarification before incorporating them into the
ordinance, and therefore raised the following questions
Amendment NI Where does the City's greater responsibility
' lie? To the present residents and taxpayers? To transient
residents? To property owners or residents outside the
city? To the developer?
What is reasonable growth?
Amendment k3 Is this not already a City policy? Why does
it need to be in this ordinance?
City Council Minutes
August 12, 1974
Page 4
AmendmenT $4 As in Amendment NI, where does the City's
greater responsibility lie? Which deficiencies should get
attention first?
How should the City's financial resource capability be '
determined? By the current budget? Bonding capacity?
Taxing to the maximum limits? Revenue sharing funds?
In considering Amendment N2, she agreed that standards and criteria
should be adopted as soon as possible, but felt that this direction
should remain as part of the ordinance, as in Section 2800 5 The
ordinance should be the law which required the establishment of such
standards
In regard to Amendment #5, they requested the inclusion, under water
in Level I systems, of a distinct reference to fire fighting capability
Not spelling it out could conceivably lead to another situation such
as the current problems in the Los Osos Valley
They did agree with the balance of the Task Force recommendations,
however, they respectfully requested the Council's consideration of the
minority viewpoint
Mayor Schwartz declared the public hearing open
Maritha Hughes, Executive Secretary, San Luis Obispo County Building
Contractors Association, stated she felt the recommendation submitted
to the City Council on behalf of the Ad Hoc Task Force Committee was
the majority feeling of the Committee She further felt the Committee
did a good job for the City and the City Council should accept their
report on the basis and the feeling that it was submitted
Fred Strong, Executive Director, CEBES, felt the Task Force had come
up with an extremely expert report and his organization endorsed their
recommendations for Council consideration He felt that only through
implementation of the recommendations of the Ad Hoc Task Force Committee
would the City really get a handle on their resources and gust what
they had available
Mrs Caralas, Tanglewood Drive, asked if the Task Force recognized the
limitations of The General Plan when they were discussing the recommendation
"reasonable growth"
Frank Exter stated the General Plan was not used as a limiting factor in
their use of the term "reasonable growth"
William Mc Keen felt the Task Force had done a good fob, but he felt
the CiTy Council should put this issue on the ballot so that the Citizens
of the community could vote on growth or non - growth patterns for the
community
David Huqhes, an attorney, opposed placing this issue on the ballot as
he felt it was too complicated an issue for the average voter in San Luis
Obispo to understand Further, he felt the standards and criteria
should be placed in detail in the proposed ordinance so there would be
no confusion by anyone reading the ordinance
Brian Lawler felt the growth definition should be included in the
ordinance so That there was no question as to what the citizens of San
Luis Obispo meant when they use the words "reasonable growth"
City Council Minutes
August 12, 1974
Page 5
N Weber, Flora Street, spoke in support of the Task Force recommenda-
tion on amendments to Ordinance No 604
Mr Roca, 1701 Los Osos Valley Road, felt the City of San Luis Obispo
should not try to limit growth but should try for reasonable growth
within their capabilities to serve the growth
Mrs B Walters, 392 Christina Way, stated she was in support of
growth control in order to protect the air that we all need to
exist, because with growth comes pollution
Mr Hal Boyle, Task Force member, spoke in support of the Task Force
recommendation stating that these things were studied in detail and
the recommendations were not being made facetiously
Art Jack, resident of San Luis Obispo, spoke in favor of clarifying
wording in the ordinance and to remove vagueness and confusion that
existed in the original ordinance
Or Larry Field objected to the recommendation of the Task Force,
and stated the City had the responsibility to provide facilities for
expansion and reasonable future growth He felt it was wrong for
taxpayers to be forced to install facilities for people coming to
the community
Elsie Schmidt felt the developers should pay for facilities to serve
their development, and they should not expect City taxpayers, who
were already burdened with supporting an antiquated system, to pay
for new people coming to the community
Mayor Schwartz declared the public hearing closed
A J Shaw, City Attorney, commented on several words used in the
Task Force recommendation and felt they should be clarified if
adopted by the City Council
Councilman Brown stated he agreed generally with the recommendations
of the Task Force, but felt the City Council should take the
recommendations, review them section by section, and approve them
in that way
Councilman Graham felt the public comments clarified the recommendation
of the Task Force, and he felt the City Council should now proceed
with its adoption and amendments to Ordinance No 604
Councilman Gurnee felt the Task Force recommendations reinforced the
need of an ordinance similar to Ordinance No 604, although he
disagreed with the Task Force Committee's recommendation regarding
facilities He felt that the section should read "for expected and
reasonably planned future growth" He agreed with adequate criteria
and standards being included in the ordinance, and he also wondered
why with all the time spent by the Task Force, no comment had been
made regarding financing of the needed facilities For example, he
wondered why there was not a construction tax proposed to help make
up these deficiencies in the City's resources He also felt the Task
Force should have come up with criteria for facilities for development
He hoped the City Council would direct the staff to prepare an
ordinance similar to Ordinance No 604 for guidance of City staff
and citizens of San Luis Obispo which would include definitions
for full information He also felt the staff should be directed to
City Council Minutes
August 12, 1974
Page 6
prepare a report on facilities, resources presently available in the
City which would include an inventory checklist, and a reporting
system to the City Council
Councilman Norris stated he supported the findings of the Task Force '
and hoped the Council would include them in an ordinance He
stated he too would support a resource inventory and a reporting `
procedure, and he also would support the adoption of standards and
criteria, but while this was being done, an ordinance should be
prepared which would include the standards He felt the ordinance
should spell out the City Government's responsibility in supplying
vital services to their citizens
Mayor Schwartz felt the Task Force had done a good fob for the City,
and he felt that Ordinance No 604 was not a growth or no- growth
ordinance, but felt it was more a management tool for the City staff's
guidance He felt the ordinance was introduced to force the City
staff to be on top of City facilities, so vital services could be
continued to the citizens He felt an adequate resource inventory
would also bring deficiencies to the City Council's attention in
sufficient time In that way, the Council could be aware of the
problem and corrective action could be taken He felt the City
Council should order Ordinance No 604 to be rewritten taking into
consideration the suggestions of the Ad Hoc Task Force He also
felt the City staff should look into needed criteria to be placed
in the ordinance for the guidance of staff and developers 'He
concluded, he could not buy the Task Force recommendation that it
was the City's responsibility to supply facilities for new develop-
ment He felt the City should proceed with gathering the resource
inventory and report procedures should be established to inform
the Council and the public of conditions of the City's resources
He felt the City staff should complete the criteria and standards
sections for inclusion in the ordinance and for public information
Councilman Norris felt the City Council should adopt all recommendations
of the Task Force and include them in a new ordinance
9 40 P M Mayor Schwartz declared a recess
9 50 P M The meeting reconvened with all Council members present
The City Council then reviewed each section of the report by the Ad
Hoc Task Force Committee and either accepted or amended the individual
recommendations of the Committee as follows
Al The City has the responsibility to determine the availability
and adequacy of municipal services and resources to any
property in the City of San Luis Obispo and make that
information available to the public The recommendation was
adopted
A2 The citizenry of the City have the right to know the condition
of the City's resources at all times in order that the City's
costs for proposed increases in resource inventories can be
measured against development benefits to the community The
recommendation was adopted
BI The City should develop and maintain up -to -date and reliable
information on the current and future capability of the
City's basic resources The recommendation was adopted
City Council Minutes
August 12, 1974
Page 7
B2 The resource inventory system should include
a) Water sources
b) Water distributions systems
c) Fire fighting capability
d) Sewage treatment capacity
e) Sewage collection systems
f) Parks and open spaces
g) Land by use category
h) Schools (coordinate with school district and college
auThorities)
i) Storm drainage
j) Police
k) Library
1) Pedestrian and vehicular circulation
This recommendation was adooTed
B3 It is reasonable to expect department heads to certify as
to the availability and adequacy of municipal resources
The recommendation was adopted
B4 The City Council should establish certification procedures
The recommendation was adopted
B5 The procedures to be used should be set forth in an ordi-
nance The recommendation was adopted
B6 In instances where City department heads presently have
sufficient information to certify as to the availability
and adequacy of municipal resources, the City should
accelerate its efforts to collect, chart and map missing
information The recommendation was adopted
B7 The City should allocate adequate budget to correct
inventory gaps and to maintain the total resource in-
ventory constantly up to date The recommendation was
adopted
B8 In the meantime, it is reasonable to expect department
heads to proceed with a certification program and to do
immediate localized investigations to ascertain and report
on the status of resource capabilities for individual
projects The recommendation was adopted
Cl There should be added to the preamble of Ordinance 604
the statement that it is the City's responsibility to
provide facilities for expected and reasonable future growth
The recommendation was adopted with Councilman Gurnee
voting No
C2 City standards and criteria should be reviewed and
established before the adoption of Ordinance 604 (and
Section 2800 5 of the Ordinance 604 as presently written
should be deleted) The recommendation was amended and
adopted as follows "City standards and criteria should
be reviewed and established before adoption of Ordinance
No 604"
CiTy Council Minutes
August 12, 1974
Page 8
C3 The ordinance should reflect that the City has the responsi-
bility to determine and allocate, between the City and the
property owner, the costs of making improvements to oublic
resources and facilities required as a condition of improve-
ment to property according to the benefit conferred The ,
recommendation was adopted
C4 The ordinance should reflect that the City has the responsi-
bility to act, within the City's financial resource
capability and according to planning guidelines, to
resolve resource deficiencies The recommendation was
adopted as amended Drop "planning" and substitute "General
Plan Guidelines"
C5 The ordinance should establish two levels of criticality
Level I Level 1 includes life and safety support systems
such as water (supply and distribution), sewer (collection
and treatment), and flood control (storm drain)facilities
Inadequate facilities shall be the basis for permit denial
and hearings shall be held in accordance with the provisions
contained in Ordinance 604 to determine appropriate remedial
action
Level 2 Level 2 shall include safety and security services
such as fire, police, pedestrian and vehicular circulation,
social, cultural and educational facilities such as youth
centers, libraries and schools Inadequate Level 2 facilities
shall be a basis for initiation of hearing procedures as
specified in Ordinance 604 to determine corrective solutions,
however an inadequacy of Level 2 type facilities shall not
be a basis for denying the issuance of permits
Level 1 was adopted as amended add "water (supply, distri-
bution and fire flows)" with Council approval of appeals
Level 2 was adopted as amended "with Council approval of
appeals"
C6 The ordinance should provide that when a governmental entity
other than the City of San Luis Obispo requests additional
resources, the request shall be processed in accordance with
the procedure contained in Ordinance No 604 The recommenda-
tion was adopted
DI That recognition be given to possible impacts which result
from decisions made by public agencies other than the City
of San Luis Obispo and recommend that the City explore the
possibility of establishing procedures to coordinate the
development of these agencies and their affect upon City
resources The recommendation was adopted
D2 That Ordinance 604 be adopted with the amendments recommended
by the Task Force incorporated therein The recommendation
was adopted
After reviewing the Ad Hoc Task Force Committee's report, on motion of
Councilman Brown, seconded by Councilman Graham the City staff was
directed to proceed with a rewrite of the ordinance which would include
procedures for resource inventory and reporting procedures Motion
carried, report to be submitted to the City Council on September 16,
1974
2 Councilman Gurnee submitted for the Council's consideration a
recommendation that the Council order a charter amendment to be placed
on the November ballot which would change the method of establishing
compensation for the Mayor and Council Members This would increase The
Mayor's present salary from $250 per month to $750 per month, and
increase the Council Members monthly pay from $150 to $500 per month
I
City Council Minutes
August 12, 1974
Page 9
and also to include in the charter amendment a method for annual
cost -of- living adjustments in both the Mayor's and Council Members'
salaries
Councilman Gurnee stated he realized the subject of pay increases
for elected City Officials was certain to be an inflammatory issue,
but he was convinced the Council and citizens would support increases
in a reasonable and justifiable position On this basis, he stated
that since 1967 the City Council had been receiving their present
salary and the cost of living had increased over 32 per cent
He also stated that since 1967 the Council meeting load had increased
substantially, with the Council meeting at least four times per
month, including many noontime sessions and other special meetings
to consider the increasing workload of City business He felt with
the changing responsibilities of City Government, the increasing
size of the City, and the increasing level of services, the Council
should be more fairly compensated for their time
He also stated the City budget had tripled since 1966/67, which was
a further indication of the increasing Council workload, demanding
more attention and time of Council Members He stated the proposed
pay increase for Council Members would still be $140 per month below
the lowest paid full -time City position at this time, and the Mayor's
salary would be less than 90 per cent of the City's total employee
work force He suggested that the charter amendment include a
provision for annual salary adjustments, which would assure that
elected officials' salaries would keep at a regular pace with
fluctuations in the cost of living and was worded in such a way
to require an increase or decrease in salary commensurate with
percentage changes in the cost of living index
In conclusion, these increased salaries would certainly imply that
those elected to City office would be expected to devote more time
to the duties of that office The salaries were not so high to consti-
tute a full -time job, but they were high enough to warrant the
election of people who would be expected to be more accessible to
the citizenry and spend more time on the job
Mayor Schwartz declared the public hearing open
Maritha Hughes, Executive Secretary, SLO County Building Contractors
Association, stated she was in support of a slight increase in the
Council Members' and Mayor's salary, but felt the Council Members
were performing a duty and service to the community and were not in
the job for financial gain She felt the proposed increases were
just too _high
Per Mathiesen stated objection to the salary increase recommended,
felt the Council duties were a service to the community and to the
citizens and were not for financial gain He was opposed to the
salary increase
David Hughes asked why the City Council felt they need such a
tremendous increase in their salaries
Councilman Gurnee again listed seven reasons why he felt the City
Council should receive an increase in salary
Mayor Schwartz declared the public hearing closed
City Council Minutes
August 12, 1974
Page 10
Councilman Brown stated he was opposed to a salary increase for
part -time, elected officials He felt the money should be spent
on full -time staff and urged the City Council not to put this propo-
sition on the November ballot
Councilman Graham stated he would support a salary increase in line
with the cost of living, but would not agree with the amounts suggested
by Councilman Gurnee He felt it was too high and was not fair and
he therefore would not support the recommendation
Councilman Norris stated he was opposed to a request for a raise in pay
for members or The City Council He was opposed to putting such an
idea on the ballot He said he considered being a councilman as his
community service activity, and he felt he served the people as their
councilman He also felt the Council must think about the large
number of citizens who served the City on Planning Commissions and
other advisory bodies when they did not even get any salary and here
the Council was asking for a tremendous increase He felt the duty
of the Councilman was to listen to the people, sit on the Council, and
set policy He felt it was not the duty of the City Councilmen to
hang around City Hall and interfere in the day - today activities of
Administration and Department Heads He was opposed to cluttering
up the ballot with a raise and in pay proposals for members of the
City Council He would oppose any action to increase the salaries
Mayor Schwartz_ stated he was in support of a salary proposal which would
increase the salary in proportion to the cost of living increases
He also felt that in light of increased workload for the Mayor and
City Council, some increase in salary should be made He felt that
as the years went by, elected City Officials were going to be spending
more and more time on City business BUT, he was opposed to The amount
being proposed by Councilman Gurnee He felt that some day the
citizens of San Luis Obispo would have to face the cost of attracting
better people to spend more time on City Government business and The
way to attract these people might be by paying higher salaries
Councilman Gurnee stated seeing the way the Council felt he asked
that the matter be withdrawn and not considered by the City Council
3 Discussion of City Hall organization was continued to an
adjourned meeting to be held on Thursday, August 15, 1974
4 Council review of the newsletter format was also conTinued to
the meeting of August 15, 1974
5 Memorandum from Robert Strong, Planning Director, requesting
Council consideration of the disposal of clean fill material from the
Cross -Town Feeder Project to be deposited on locations within the
Laguna Lake Park site in areas where prior materials had been placed
but further fill was needed It was estimated that approximately
4,000 cubic yards of material (500 truck loads +) would be available,
and at least a portion of this amount could be accommodated at The
park property, dumped but nofspread or compacted
The deposit sites would be selected away from -the lake and shoreline
to prevent siltation or other adverse environmental impacts under
normal conditions The Laguna Lake Park Master Plan was pending
preparation, and the material would be stockpiled until plans revealed
whether it should be redistributed, spread, or compacted in place
City Council Minutes
August 12, 1974
Page II
He continued that it was his understanding that the City had
utilized this site for deposit of materials in the past, and had
periodically dumped occasional loads of surplus, clean fill in
the area even recently, but the proposed stockpiling activity was
of sufficent magnitude to be more apparent to the public and should
be considered by the Council rather than continued without their
specific consent
He concluded, based upon the information available, the staff
recommended that the Council authorize the request To assure
that the public was informed, a negative declaration would be filed
on this proposal, enabling further notice and additional opportunity
for appeal i,f any person was aggrieved by the determination
(The Planning Commission would consider any appeal and could consult
with other advisory committees, if necessary, to resolve any
concerns )
Wayne Peterson, Assistant City Engineer, spoke in support of The
memorandum from Robert Strong allowing the City to place clean fill
materials at certain points within Laguna Lake Park from the Cross -
Town Feeder Project
Bill Flory, Park 8 Recreation Director, stated that the proposed
area to be filled with the dirt from the Cross -Town Feeder had been
set aside as a wildlife sanctuary which prohibited vehicles, but the
Park Department had no objection if fill was clean, without debris,
and was placed in areas where fill would be needed for future develop-
ment
' Ery Johnson, Laguna Lake resident, objected to allowance of dumping
on the City park property, any more dumping at least at the magnitude
of 4,000 cubic yards He also questioned the present dumping of
dirt on this property He hoped the City Council would take
disciplinary action on the employees who had allowed the desecration
of the park property by the tremendous amount of dirt that had been
dumped there in the last few weeks
Don Cross, Laguna Lake resident, opposed to the continued dumping
on City park property of dirt fill and was also opposed to the new
proposal being submitted by the City staff
Mrs Dorothea Rible, Laguna area resident, stated she too was opposed
to the present dumping and to the proposal by the City She felt the
City Council should follow its own grading and permit regulations
She then reviewed the history of all the problems that had ever
existed in the Laguna Lake area, particularly on the City park
property She felt if this dirt plus the sixty truck loads she
estimated that had been dumped in the last couple of weeks started
to fill the lake, she was sure that future problems would cause
flooding to the residents
The City Council attempted by questioning the staff as to whom and
what had been allowed to be dumped in the park property to date
None of the staff members knew of anyone having been given per-
' mission to dump fill in the Laguna Lake area, except that the Park
Departmentloccasionally took a pick -up load of clean fill and put
it in the park property
After discussion, on motion of Councilman Gurnee, seconded by
Councilman Brown that the City Council deny the request of the
City Council Minutes
August 12, 1974
Page 12
City staff, that they be required to find a new site for the Cross -
Town Feeder dirt, and further that the City staff be directed
to find out who had been dumping fill on the property, have the fill
removed, and instruct all personnel that there would be no dumping
or filling in any flood plain by City departments Motion carried, '
all ayes
5B Communication from the Assistant Countv AdministraTive
Officer informing the City Council that as part of the comprehensive
animal control program that was being gone into by the County of
San Luis Obispo, a door -to -door canvass is required in order to
find out how many dogs were involved within the areas
At the present time, all the unincorporated areas had been canvassed
and a dog census Taken, and they would now like to proceed within
the City of San Luis Obispo
The approximate cost of the census would be in the area of $1,500
to $2,000 and would take approximately two weeks There would be
ten people conducting the census in the field The County stated
that if in the final analysis the City Council did not proceed to
accept the contract as proposed, then there would be no obligation
to pay the cost of the census
The City Clerk reported to the City Council that the money had been
budgeted for the last two years to handle a dog census for the City,
but until the matter of enforcement had been settled, the money had
not been spent, so there were sufficient funds if the Council wished
to proceed and he so recommended
On motion of Councilman Brown, seconded by Councilman Graham that
the City Counc l authorize the County of San Luis Obispo to proceed
with the animal canvass
5C On motion of Councilman Graham, seconded by Councilman Brown
the following resolution was introduced RESOLUTION NO 2652 (1974
Series), a resolution of the Council of the City of San Luis Obispo
confirming liens upon real property parcels for weed abatement costs
for the fiscal year 1974/75
Passed and adopted on the following roll call vote
AYES Councilmen Graham, Brown, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT None
6 Consideration of Golf Course lease and /or purchase was
continued to August 19, 1974
7 Consideration of current legislation was continued to
August 19, 1974
8 Consideration of amendments to the E I R guidelines was
continued to August 19, 1974
City Council Minutes
August 12, 1974
Page 13
9 Memorandum from Robert Strong regarding joint City Council
and commission meetings was continued to August 19, 1974
On motion of Councilman Gurnee, seconded by Councilman Graham the
meeting adjourned to 12 10 P M Thursday, August 15, 1974
APPROVED November 41 1974
H PATRICK, CITY CLERK
I
I
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
August 15, 1974 - 12 15 P M
CONFERENCE ROOM, CITY HALL
Pledge
Roll Call
Present John C Brown, Myron Graham, T Keith Gurnee,
Jesse Norris and Mayor Kenneth E Schwartz
City Staff
Absent None
Present J H Fitzpatrick, City Clerk, R D Miller, Administrative
Officer, A J Shaw, City Attorney, David Williamson,
Assistant Administrative Officer, William Flory, Director
of Parks 8 Recreation, Robert Strong, Planning Director,
Wayne Peterson, Assistant City Engineer
1 David Williamson, Assistant Administrative Officer, presented a
report to the City Council entitled, "Organization of City Departments,"
dated August 12, 1974 He reviewed in detail the concept of management as
it applied to the Community Development Department, which oonsists of the
Public Works, Planning 8 Building, Water, and Parks $ Recreation Departments
He stated the purpose of the report was to analyze and make recommendations
which would lead to improvements to be made to help the efficiency and
effectiveness both within the community development organization and in the
delivery of services to the public
After reviewing in detail the proposed organization and alternate schemes,
he concluded in summary that the principal purpose for the preparation of the
report was to report on the City's existing organizational structure,:and
report on means by which efficiency and effectiveness in the delivery of
services to the public could be improved while at the same time capitalizing
upon the experience and skills of persons in the organization
The City organization was faced with an increasing scope of responsibilities
and this trend was expected to increase While the current departmental
structure had served well, it would be subjected to greater stress in the
future because the successful delivery of services required a more compre-
hensive program approach than had been true in the past The Federal and
State bureaucracies were the first to experience this stress The public
shifted its increasing demand for services to State and Federal agencies
once it was realized that these agencies had greater financial resources
than cities These agencies attempted to provide the services, but soon
realized they could not, and through revenue sharing were now transferring
both resources and responsibility to local government
Dave Williamson stated, in his opinion, reorganization was essential if the
City was to regain the level of productivity that was possible prior to the
advent of revenue sharing, increasing subventions, environmental concern,
greater citizen participation and the greatly increased work load required
to administer these responsibilities
While there were a multitude of organizational possibilities, he recommended
that the organization shown as "Exhibit C" represented the best thinking for
maximizing functional structure, ease of administration, operational effective-
ness, future growth of the organization, and the very important factor of the
skills of the persons now part of the organization Reorganization could be
by means of a series of phases beginning with those who were employed in City
Hall and then those who work from decentralized facilities
City Council Minutes
August 15, 1974
Page 2
He concluded that he fully recognized that change was difficult and initially
might appear to be counterproductive He felt it would be several months
before improvements would be evident and in the final analysis, the success
of the reorganization would depend largely upon the support it received from
those who made up the organization (See report from David Williamson,
dated August 12, 1974 for further detail,)
The City Council discussed in detail with the Assistant Administrative
Officer the various proposals for a functional organization of City Depart -, '
ments within the Community Development Area and the Hu` n Resource Area of
the community
R D Miller, Administrative Officer, stated to the City Council that he
had reviewed the organizational plan submitted by his assistant, and he
felt it would be a good approach, should be tried, and he would do all he
could to implement the plan if adopted by the Council
On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council
accept the organizational concept Exhibit "C" for the City of San Luis Obispo
as presented by the administrative staff, and the administrative staff was
requested to bring back a final report on implementation including assignment
of personnel Motion carried, all ayes
2 Agenda Item No 3 from the August 12, 1974 meeting, a
memorandum from Councilman T Keith Gurnee regarding the approval by the
City Council of a questionnaire which would provide a direct assessment of
management and administrative personnel and department heads by those who
worked within City government
He felt that by having the subordinates complete a questionnaire on various
management personnel, it would be extremely valuable in determining the
problems of management, the image City employees had of management, and
possible areas for improvement He felt the answers to the proposed questions
would reveal important information for those involved in devising new
management strategies
The City Council rejected without motion the proposal of the management
questionnaire as proposed by Councilman Gurnee
3 William Flory, Director of Parks 8 Recreation, presented the
following recommendation from the citizens' committee engaged in studying
the Laguna Lake Golf Course and whether it should be acquired by the City of
San Luis Obispo The citizens' committee recommended
1 That the City purchase Laguna Lake Golf Course and continue to
use It as a golf course
2 That the City purchase that property now used as a driving range
and continue its use as such
3 That the City purchase the 2 4 acre parcel of land that lies west
of the parking lot and develop it as a children's playground
These recommendations by the citizens' committee were based
on the following
1 The recreational value of the activity
2 The use of the area by all sections of the community, and by a
wide range of age groups within the community
3 The aesthetic value of the open space area within what will become
a densely populated area
4 The probability that in years to come the City would want to con-
struct a course for citizens, and the stated purchase price of
Laguna Lake Golf Course was now approximately one -half the cost
to replace it in kind at today's price of land and construction
City Council Minutes
August 15, 1974
Page 3
After discussing the recommendations as presented by the citizens' committee,
the Park 8 Recreation Commission recommended to the City Council that the
City negotiate a one -year lease of Laguna Lake Golf Course at approximately
$1,000 per month and retain the option to purchase said property, that the
City investigate the asking price and availability of those parcels of
land that were now driving range and citizens' committee proposed park,
should the City accomplish the lease, the City would install a water meter
of a size capable for sufficient flow to irrigate the course in an acceptable
manner, and that this remain the property of the City or the City to be
reimbursed by the property owner should the City not exercise its option at
the end of the lease
The motion was unanimously carried by all commissioners present at the Park
8 Recreation Commission meeting
David Williamson, Assistant Administrative Officer, also reported to the
City Council that the Planning Commission and the planning staff also recom-
mended to the City Council that the City purchase the Laguna Lake Golf Course
and also the parcel for the needed driving range
On motion of Mayor Schwartz, seconded by Councilman Gurnee the matter was
continued to the next Council meeting, August 19, 1974, with the staff to
report on the area for the driving range and neighborhood park location,
also a financial report by staff on availability of funds for purchase or
lease of the property and the effect on the Capital Improvement Project
Motion carried, all ayes
4 On motion of Councilman Brown, seconded by Councilman Gurnee,
Councilman Graham was authorized to leave the state for vacation for the
period August 19, 1974 through September 1, 1974
5 The City Council adjourned to Executive Session
6 On motion of Councilman Brown, seconded by Councilman Graham the
meeting adjourned Motion carried
APPROVED November 4, 1974
F ATRICK, CITY CLERK
I
Pledge
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
AUGUST 19, 1974 - 7 00 P M
COUNCIL CHAMBERS, CITY HALL
Present John Brown, T Keith Gurnee, Jesse Norris
and Mayor Kenneth E Schwartz
Absent Myron Graham
Present J H Fitzpatrick, City Clerk, R D Miller,
Administrative Officer, A J Shaw, City Attorney,
John Quirk, Assistant Water Director, Captain
Englert, Police Department, D F Romero, City
Engineer, Robert Strong, Planning Director
I At this time the City Council held a public hearing on
Resolution No 2640, a resolution of the Council of the City of San
Luis Obispo finding that an exposed sewer line in the creek and
upon the premises at 546 Hiquera Street may constitute a public
nuisance, and ordering a public hearing concerning same and the
abatement thereof (See transcript court reporter dated August 19,
1974 )
On motion of Councilman Gurnee, seconded by Councilman Brown, the
following resolution was introduced RESOLUTION NO 2654 (1974 Series),
a resolution of the Council of the City of San Luis Obispo finding
the existence of a public nuisance and ordering the abatement thereof
(Mission Trailer Park Sewerline, 546 Higuera Street)
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Gurnee and Mayor Schwartz
NOES Councilman Norris
ABSENT Councilman Graham
2 At this time the City Council held a public hearing on
Resolution No 2641, a resolution of the Council of the City of
San Luis Obispo finding that tree trunks within the creek and upon
the premises at 546 Hiquera Street may constitute a public nuisance
and ordering a public hearing concerning same and the abatement
thereof Continued to September 16, 1974 - property owner agreed
to tree removal at City expense (See court reporter's transcript,
dated August 19, 1974 )
3 At this time the City Council considered the FINAL PASSAGE
of ORDINANCE NO 622, an ordinance of the City of San Luis Obispo
authorizing an amendment to the contract between the City of San
Luis Obispo and the Board of Administration of the California Public
Employees' Retirement System
City Council Minutes
August 19, 1974
Page 2
On motion of Councilman Gurnee, seconded by
Councilman Brown the
ordinance was
introduced and finally passed
on the following roll
call vote
AYES
Councilmen Gurnee, Brown,
Norris and Mayor Schwartz
'
NOES
None
ABSENT
Councilman Graham
4 At this time the City Council held a public hearing on the
complaint of the management and residents of Oceanaire Mobile Home Park,
1121 Orcutt Road to noise created by a rock band that held practice
sessions in a building adjacent to the mobile home park
Mayor Schwartz declared the public hearing open
Claremore J Fenderson, Owner, Oceanaire Mobile Home Park, appeared
before the City Council objecting to noise at 3590 Bullock Lane of a
rock band that had been practicing in an open carport which was annoying
his tenants, many of whom were extremely elderly and needed their
rest He stated sometimes the music was so loud it actually rattled
the trailers on the mobile home park property He stated a number of
tenants had moved from the park as they were unable to get any rest
because the band practiced by the hour, four or five days a week, but
never at the same time
Lloyd Wheaton, Manaqer, Oceanaire Mobile Home Park, agreed with the
comments of Mr Fenderson, the owner, regarding the noise from the
rock band He listed dates and times when the noise nuisance occurred
He stated it normally carried on from two to four hours per day, day
after day after day He stated he had made several complaints to
the Police Department, and they had attempted to reduce the noise
Ken Davis, park resident, stated the band practices from three to
four hours per day, five days per week, and the amplifiers were at
extremely high volume It had been just impossible to think, read, or
get any kind of rest at all
Sally Peasley, Dark resident, objected to the noise, stated it was
unbearable and hoped the City Council would do something to protect
people where they live
Gary Burns, manager of the rock band, stated they normally practiced
four days per week from three to six or three to eight in the after-
noons He stated that now the band was on tour, so they were not
practicing as much as they had been He asked that the Council give
his group permission to hold practices from eight to nine hours per
week so new songs could be practiced for public appearances He
stated the band was willing to turn down the volume in order to limit
complaints, as they wished to get along with their neighbors, but
they also needed to practice He stated if the volume were as high
as they could go, he was sure that it would rattle some of the
trailers
Robert Strong, Planning Director, stated that the band should meet the
noise levels prescribed in the zoning ordinance He also suggested
that the City could ask the County to monitor the sound levels at the
property lines to see if the band was complying with the regulations
of the zoning ordinance, if legal action for abatement was necessary
City Council Minutes
August 19, 1974
Page 3
A J Shaw, City Attorney, read Municipal Code Section 4225 1
relative to noise and noise control
Michael Corbin, 3590 Bullock Lane, band organizer, spoke in favor
of allowing the band to practice at his residence He stated they
had attempted to contact the adjacent owners and to practice without
annoying the neighbors, but he felt the band needed at least three
days per week, four hours per day, in order to practice new
material
Greg Frederickson, mobile home park tenant, stated he worked nights
and tried to sleep days He could not sleep due to the excessive
noise caused by the rock band, which he stated actually rocked
his trailer when they were in operation
Mayor Schwartz declared the public hearing closed
Mayor Schwartz stated the City Council really had two problems
before them
the noise, which was annoying adjacent residential
properties, and
2 possible violation of the zoning ordinance
Robert Strong, Planning Director, again reviewed for the City
Council the provisions of the zoning ordinance dealing with noise
levels in the R -H and adjacent M zones He explained the zoning
ordinance had performance standards dealing with noise It was
his recommendation that the band cease and desist unless they
met the standards of the zoning ordinance, relative to the number
of decibels at the property line He stated that, from testimony
received tonight, it was evident without noise ledel instrument
readings, that the band would exceed acceptable standards
The City Council discussed the complaint before them in relation
to property rights and uses of land, and also conditions of the
zoning ordinance and noise ordinance of the Municipal Code They
felt the Council could take action (1) to declare violation
and order a misdemeanor complaint, or (2) order the band to cease
and desist as they were in violation of the zoning ordinance
Motion of Councilman Brown, seconded by Councilman Gurnee that the
City Council order the band to cease practicing with amplifiers, and
if the City received any future complaints, they would have the
Police and /or Planning Department file the misdemeanor violation
as required by City ordinance Motion carried on the following
roll call vote
AYES Councilmen Brown, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT Councilman Graham
5 Communication from C J Fenderson, Owner, Oceanaire
Mobile Home Park, protesting to The City Council the classification
that they had been placed in by The San Luis Obispo Garbage Company
under the compulsory garbage collection ordinance He stated that
up to a few months ago they were using a three yard dumpster with
pick up six times a week for $42 50 per month When the new rate
schedule, recently adopted, went into effect the garbage company
reclassified the trailer park at $1 75 per month per space, plus
$5 00 per month rental on the dumpster making a total of $122 50
City Council Minutes
August 19, 1974
Page 4
C J Fenderson felt this was unreasonable for one three yard dumpster,
six times per week, as he felt they should be classified as a business
and not as residential properties He felt he should_be paying the
new rate of $58 50 per month He felt that the rate should be
adjusted by the City Council '
The City Clerk reported that reviewing the complaint of the Oceanaire
Mobile Home Park with representatives of the Garbage Company, the
City was informed that all mobile home parks and trailer parks were
billed in accordance with Municipal Code Section 5200 6A, as apartment
units The garbage company also went one step further and charged
single -wide mobile homes at the minimum of $I 75 per unit per month,
and double -wide mobile homes at $2 50 per unit per month The City
Clerk stated he was assured by the garbage company representatives
that all mobile home parks within the City had had their
billings reviewed and all parks had been treated on the same basis
The service supplied to Oceanaire Mobile Home Park at 1121 Orcutt
Road was six days per week service for 67 mobile homes at $I 75
per unit, per month equals $117 25, plus $5 00 per month for the
container, or a total of $122 25 per month for the park
Councilman Norris felt the rates were right according to the ordinance
as adopted by the City Council, but he felt the ordinance was wrong
in classifying apartments and trailers individually when they used
a dumpster and not an individual can collection at each unit He
felt apartment units and mobile homes were treated unfairly in
comparison with the commercial rates when the same type of dumpster
unit was used
On motion of Councilman Gurnee, seconded by Councilman Norris that
the complaint of Oceanaire Mobile Home Park be ordered received and
filed, but the City staff be asked to meet with the San Luis Garbage
Company to look into the rationale on the apartment and mobile home
park classifications when a dumpster was used Motion carried
9 00 P M Mayor Schwartz declared a recess
9 15 P M The meeting reconvened with all Councilmen present, except
Councilman Graham
II Robert Strong, Planning Director, presented a film
slide show of existing conditions, sketch plans, perspectives, and
typical cross - sections of possible design alternatives to the precise
plan for portions of Broad Street, State Highway Route 227, within
the City of San Luis Obispo being proposed by Cal Trans for reconstruction
and widening
Robert Strong continued that the preliminary plan being presented for
the Council was prepared as a supplement to the State's conventional
highway widening project, recognizing that the right -of -way acquisition
Tor widening and the basic alignment and design of improvements was
already complete Scheduling of construction to commence prior to
June 1975, prevented any significant alteration To the project
design as proposed by the State Department of Transportation, thus
the City's modifications being presented this evening were pre-
dominantly a subsequent improvemenT to the development by Cal Trans
He continued that the Public Works Department, Department of Parks
8 Recreation, the Water Department, as well as the Department of
City Council Minutes
August 19, 1974
Page 5
As a separate future project, the City should continue to pursue a
specific development plan for the areas adjoining the remaining
sections of this State Highway, including proposals for landscaped
medians, additional off- street parking, landscaped front yard set-
backs, special sign and access driveway controls, formation of
underground utility assessment district, and criteria for controlling
land use conversions along the route
Following the presentation by the Planning Department, the City
Council received a report by E F Gregory, District Director of
Transportation, stating that the improvements of Route 227 had been
under study for many years Early studies covered full freeway
developments and complete relocations of the route, as well as
expansions of the existing facility The present proposed improve-
ment was conceived in the late 1960's through the cooperative efforts
of interested citizens, elected officials, and the staffs of the
City, County and State A public hearing covering the proposed
improvement was held in 1971, and all necessary environmental documents
had been prepared and approved The project had developed to the
point where contract plans were practically complete, all necessary
rights -of -way had been appraised, right -of -way acquisition had been
funded, and approximately one -third of the necessary rights -of -way
had been acquired Construction funds were recently included in the
1974/75 budget by the California Highway Commission These construction
funds must be obligated by a construction contract prior to June 30,
1975, if they were to be used for this project Due to legal
constraints, they could not be shifted to a later fiscal year
The basic project provided for two lanes of traffic in each direction,
Planning 8 Building had reviewed this project, and while different
constraints and diverse objectives involved conflicts and necessi-
tated some compromises, it was apparent that a real potential existed
for accomplishing more than just the traffic and safety improvements
proposed by the State
'
The plan recommended a two phase improvement program by the City,
enabling the State project to progress on schedule without substantial
alteration or addition to the initial design The City should pursue
immediate preparation of plans and specirications for installation
of water and sewer lines, fire hydrants, and street tree planting
to be accomplished prior to or concurrent with the State's street
reconstruction and widening If additional capital improvement funds
were available, the City should also complete plans for underground
utilities and installation of landscaped median islands south of
Orcutt Road intersection and at the intersection with South Street
concurrent with the State project
As a separate future project, the City should continue to pursue a
specific development plan for the areas adjoining the remaining
sections of this State Highway, including proposals for landscaped
medians, additional off- street parking, landscaped front yard set-
backs, special sign and access driveway controls, formation of
underground utility assessment district, and criteria for controlling
land use conversions along the route
Following the presentation by the Planning Department, the City
Council received a report by E F Gregory, District Director of
Transportation, stating that the improvements of Route 227 had been
under study for many years Early studies covered full freeway
developments and complete relocations of the route, as well as
expansions of the existing facility The present proposed improve-
ment was conceived in the late 1960's through the cooperative efforts
of interested citizens, elected officials, and the staffs of the
City, County and State A public hearing covering the proposed
improvement was held in 1971, and all necessary environmental documents
had been prepared and approved The project had developed to the
point where contract plans were practically complete, all necessary
rights -of -way had been appraised, right -of -way acquisition had been
funded, and approximately one -third of the necessary rights -of -way
had been acquired Construction funds were recently included in the
1974/75 budget by the California Highway Commission These construction
funds must be obligated by a construction contract prior to June 30,
1975, if they were to be used for this project Due to legal
constraints, they could not be shifted to a later fiscal year
The basic project provided for two lanes of traffic in each direction,
with a continuous left -turn lane in the center of the street This
would provide access to all properties for both directions of travel
The discussions with City personnel had involved the possibility of
providing curbed median islands in lieu of the continuous left -turn
lanes, thus introducing a positive median control Although they
did not recommend the use of curbed medians because they were con-
cerned abouT the safety aspects of such installations, they readily
admitted that many such installations could be found on City streets
and even on State highways throughout the State Such additional
features were provided by the local agencies, at their cost, and were
installed on State highways under encroachment permits ilssued by the
State Such an installation could be provided along Broad Street
under these same conditions
City Council Minutes
August 19, 1974
Page 6
They were primarily concerned with time controls on the present
project Broad Street was not only a State highway, but was also
on The Federal Aid System Any major change such as this, instituting
a posiTive barrier for the presently proposed continuous left -turn
lane, would have to be cleared through State and Federal approvals, ,
further public hearings, and revised environmental documents Such
changes also affected the basic understandings in their negotiations
with affected property owners The City would have to be the lead
agency in initiating such a change in the presently approved project
Because of the numerous requirements for clearing major design changes,
and built -in time controls, there was no way in which these changes
could be cleared in time to incorporate the work in a construction
contract with a June 30, 1975 award deadline
They fully appreciated the City's interest and efforts to improve
the visual appearance of the major entrances to the City It would
be entirely possible and practical to develop a curbed landscaped
median along Broad Street as a separate future project They would
certainly be willing to assist the City in the development of such a
future project and in obtaining The necessary State and Federal
concurrences and clearances They would also arrange for the issuance
of an encroachment permit to cover the project
E F Gregory concluded that the comments he had made would clarify
the position of Cal Trans in regard to the project modifications
suggested by Robert Strong on behalf of the City of San Luis Obispo
The City Council discussed the Broad Street project as approved with
the Department of Transportation representatives and implementing
the recommendations of Robert Strong for landscaping, median strips, etc
Ralph Lelonhud, Assistant Director of Transportation District No 5,
again reviewed some of the major points in making a change in the
contract at this time, which they felt would, to all practical purposes,_
kill The project in San Luis Obispo for at least eight years as
there was nothing in their future planning in the next two four -year
increments for construction in District No 5
After discussion, it was moved by Councilman Gurnee, seconded by
Councilman Brown that the matter of Broad Street be continued to the
September 16, 1974 Council meeting for further study and consideration
by the Council, and a request that the Planning Commission look into
land use implications, and further that the Traffic Committee look
into the median strip proposal as presented by the City Motion
carried, all Ayes, Councilman Graham absent
6 Memorandum from John Kellerman, Chief Building Inspector,
regarding electric fences and control within the City of San Luis
Obispo was presented by Planning Director Strong He stated that at
the present time the City of San Luis Obispo did not prohibit electric
fences within the City The Building Official had reviewed eight
cities, tour of which did not have ordinances of any kind regulating
electric fences
The City of Salinas indicated they would not permit them under an
ordinance prohibiting hazardous fences, and the City of Bakersfield
stated they would prohibit them using the National Electric Code to
support their action
Mr Kellerman stated that to proceed along the lines as Bakersfield would
be unsatisfactory from a practical standpoint The only ordinances
City Council Minutes
August 19, 1974
Page 7
which specifically prohibited electric fences were received from
the League of California Cities, from the Cities of Escondido,
San Marino and Stockton
' He stated that after reviewing these ordinances and the information
that he received and considering the problems in our own city, he
felt it was feasible to adopt regulations for electric fences He
recommended that the regulation include barbed -wire fences and
provisions for all types of fences and be made a part of the zoning
ordinance This would place the regulation of fences in a document
which now regulated other land uses and presently set forth fence
guidelines with the exception of barbed wire
The desirability of adopting regulations prohibiting electric fences
was a policy matter of the City Council He felt that if the City
Council wished to proceed, the staff would develop wording for
inclusion in an ordinance
After discussion by the City Council, the memorandum was ordered
received and filed, on motion of Councilman Gurnee, seconded by
Councilman Brown, and referred to the Planning Director for possible
inclusion in future use permit procedures for agricultural areas
Motion carried, all Ayes, Councilman Graham absent
7 D F Romero, City Engineer, presented for the Council's
consideration a resolution requesting modification by the Water
Quality Control Board of the Basin Plan for the San Luis Obispo
wastewater treatment plant
The City Council resolved that the final central coastal basin plan
of the Regional Water Quality Control Board contain a section dealing
in some detail with the impact upon the environment if the Water
Quality Control Board required the City to provide unlimited sewer
service to developments outside the City which could not be regu-
lated or controlled by either the Water Quality Control Board or the
City of San Luis Obispo
On motion of Councilman Gurnee, seconded by Councilman Norris the
following resolution was introduced RESOLUTION NO 2655 (1974
Series), a resolution of the City of San Luis Obispo requesting
modification of the Basin Plan
Passed on the following roll call vote
AYES Councilmen Gurnee, Norris, Brown and Mayor Schwartz
NOES None
ABSENT Councilman Graham
8 Communication from California Polytechnic State University
regarding the proposed rate increase for sewage treatment outlined in
the City's letter of July 31, 1974, stating that the letter had
been reviewed and found to be consistent with the agreement and
established procedure
Further, that Cal Poly recognized that sewage treatment costs were
also caught in the current inflationary spiral, and therefore agreed
to the increase in rate
City Council Minutes
August 19, 1974
Page 8
Cal Poly offered to prepare an amendment to the agreement for Purchase
of Capacity Rights and Sewage Treatment Facilities, dated January I,
1963, between the State and the City of San Luis Obispo and forward it
to the City for their approval and signature, although they did request
that 5 4 acres of University property, occupied by the Division of
Forestry, be billed directly to the Division of Forestry and not to ,
the University
On motion of Councilman Brown, seconded by Councilman Gurnee that the
City Council accept The recommendation of the Ciry staff and the
acquiescence by Cal Poly, and the Mayor be authorized to sign the
Sewage Treatment Agreement when received
9 The City Council again considered the report from the Park 8
Recreation Commission, continued from the August 15, 1974 meeTing,
in which the Park 8 Recreation Commission concurred in the recommendation
of the Citizens' Committee studying the Laguna Lake Golf Course urging
that the City Council negotiate a one -year lease of the golf course
at approximately $1,000 per month with an option to purchase Further,
that the City investigate the asking price and the availability of
those parcels of land now being used for driving range and if the
City should accomplish the lease, the City would install a water meter
of sufficient size to irrigate the course, and further, that an
appropriate mower be purchased for maintenance of the golf course
R D Miller, Administrative Officer, submitted a report to the City
Council of the status of the Capital Improvement Expenditures and
outstanding commitments as well as anticipated expenditures during
this fiscal year He stated it showed that all projects could be
funded providing the Council were agreeable to borrowing $400,000
from existing reserve accumulations for capital projects '
The Administrative Officer felt that his projections were quite
conservative and there was a strong possibility that many of the
budget items would not be completely paid for this fiscal year
He felt that in that event, there would be no need to touch the
reserve funds
He then reviewed in detail the 1974/75 Capital Improvement Program
Councilman Gurnee stated he was in support of the recommendation of
the Park 8 Recreation Commission for the City to continue the lease
of the golf course for one more year, and to use reserve funds to
purchase other open space, capital improvement project items within
the fiscal year
Councilman Norris stated he was in support of the Capital Improvement
Program as a way of getting major items completed and acquired, but
he was opposed to buying the golf course in this fiscal year He felt
that the City should continue the lease for one more year with an option
to buy at that time
Councilman[gr_nwn! stated he felt the purchase of the golf course was
premature as the relationship of cost to benefits was too high Also,
he would go along with another year's lease to see who used the course
and how often they played, but he would be opposed to purchasing
it at this time
:1ayor Schwartz reviewed the steps to date on the City's lease of the
Laguna Lake Golf Course and the recommendation from the Park 8 Recre-
ation Commission that the City lease the course for one more year,
then consider the purchase at The expiration of the lease Mayor
Schwartz stated the City Council should consider that if the Park
8 Recreation Commission really wanted to the City to purchase the
golf course at this time, then the City should do it now, when the
City Council Minutes
August 19, 1974
Page 9
cost was known and without the additional one year's lease payment
He urged that the City Council consider buying the golf course at
this time
On motion of Councilman Gurnee, seconded by Councilman Norris
' that the City Council re- negotiate the lease on the golf course
for one more year with an option to buy at the end of the one -year
period, with the Mayor authorized to execute said lease Motion
carried on the following roll call vote
AYES Councilmen Gurnee, Norris and Brown
NOES Mayor Schwartz
ABSENT Councilman Graham
On motion of Councilman Norris, seconded by Councilman Gurnee that
the City Council authorize purchase of a lawn mower and tractor for
the Park Department for use at the Laguna Lake Golf Course Motion
carried, all Ayes, Councilman Graham absent
On motion of Councilman Gurnee, seconded by Councilman Brown the
City Council authorized change of the present 2" water meter to a
4" water meter at the golf course in order to allow adequate
irrigation of the course Motion carried, Councilman Norris
voting No, Councilman Graham absent
10 Memorandum from Robert Strong stating that the Planning
Commission on August 6, 1974 unanimously recommended several addi-
tional changes to be considered for incorporation into the revised
' guidelines for EIR Procedures
I To authorize staff determination, pursuant to
environmental assessment application, on whether
an EIR or negative declaration was appropriate
2 To consider any appeals of Negative Declarations
or to review draft EIR acceptability, at least
one meeting prior to scheduling Commission hearing
on the project proposal, enabling opportunity for
appeal prior to action on the project
The City Attorney requested that this matter be continued so he
would have an opportunity to compare the new environmental impact
guideline procedures and the amendments being recommended by the
Planning Commission He suggested that this be continued to the
meeting of September 3, 1974
The City Council concurred in the request of The City Attorney
IDA At this time the City Council discussed the format for
the proposed newsletter, which was continued from the August 5 and
15, 1974, meetings
Councilman Norris stated he had reviewed the format of the proposed
newsletter He was in support of the newsletter if the articles
could be kept factual, and if no party -line or specific bias would
be entered in the articles being presented
City Council Minutes
August 19, 1974
Page 10
Councilman Gurnee stated he too was in support of the format or the
newsletter, but felt there should be some place in the newsletter
for controversial discussion of subjects on City policies, ordinances,
etc He also felt with proper arrangement the newsletter could be I
used for polling purposes by the City Council to get input from the
citizens, who could fill out simple questionnaires and mail them back
to the City for guidance of the City Council
Councilman Brown stated he too was in support of the format and the
concept of a newsletter He felt the City should get one out to get
reaction from the citizens before additional issues were prepared
Mayor Schwartz stated he too was in support of the format of the
newsletter and the concept He felt it was primarily a newsletter
of City actions and was not to be used as a political tool of any
Councilman or for propaganda of any theory by a minority group of
citizens
On motion of Councilman Norris, seconded by Councilman Brown that
the City proceed with the newsletter as presented and the format
as approved Motion carried, all Ayes, Councilman Graham absent
12 Memorandum from the Planning Commission recommending
abandonment of a portion of Sierra Way, George and Iris Streets,
Charles French, applicant
All three portions of the streets being requested for abandonment
terminate at the applicant's properTy
The applicant was the French Hospital and because of recent expansion '
Of The hospital parking lot, they had now acquired all property
which fronred on the subject portions of those streets Those
portions proposed for abandonment no longer served their original
function of providing access to individual properties The applicant
was requesting abandonment with the intent to incorporate the street
stubs into the parking area for the hospital complex and possible
residential development
There were no structures fronting on the proposed abandoned portions
of either of these streets Because there were some remaining
utilities in and over portions of the streets, it would be necessary
that easements acceptable to the various utility companies and the
City be retained as a condition of street abandonment
The Planning Commission at their regular meeting of August 6, 1974,
by Resolution No 591 -74, unanimously recommended to the City Council
abandonment of portions of Sierra Way, George and Iris Streets,
subject to the following conditions
That utility easements be retained subject to the
approval of the utility companies and the City
2 Reversion to acreage be accomplished prerequisite to
the abandonment '
3 Property and improvements necessary to provide a turn-
around at the end of Iris and George Streets be approved
and dedicated to the City prior to recording final
street abandonment
City Council Minutes
August 19, 1974
Page II
4 That the above be accomplished within one year of
the date of approval by the Planning Commission
The City Attorney suggested that the City Council might wish to
adopt a resolution of intention to abandon, setting a time for
hearing, but that no final action be taken until the conditions
as recommended by the Planning Commission had been accomplished
On motion of Councilman Gurnee, seconded by Councilman Brown the
following resolution was introduced RESOLUTION NO 2656 (1974
Series), a resolution of the Council of the City of San Luis Obispo
expressing the Council's intention to initiate abandonment proceedings
for portions of Sierra Way, George Street and Iris Street
Passed and adopted on the following roll call vote
AYES Councilmen Gurnee, Brown, Norris and Mayor Schwartz
NOES None
ABSENT Councilman Graham
13 A petition signed by members of the Senior Citizens' Center
requesting installation by the City of an upright shuffleboard table
or two at the Senior Citizens' Center was referred to the Park 8
Recreation Commission for analysis and report to the City Council
14 Communication from Milton E Willeford, Certified Public
Accountant, informing the City Council that he would be willing, as
the independent auditor for the 1973/74 audit of City records, to
conduct an examination of revenue sharing funds in accordance with
the regulations of Public Law 92 -512, the Revenue Sharing Act, which
mean that each recipient of revenue sharing must provide an audit
prepared by their independent auditor of the use of the funds
received by the City He offered to continue this additional work in
accordance with Paragraphs 5 and 6 of the present agreement, with
an estimated maximum of $800 for the services
On motion of Councilman Gurnee, seconded by Councilman Brown that
M E Willeford be authorized to conduct an audit of the revenue
sharing funds as proposed Motion carried, all Ayes, Councilman
Graham absent
15 Communication from the State Department of General Services
stating they wished to dispose of property on the west side of
Highway I and Highland Drive, 3 85 acres, and would like the City
to consider annexation The matter was continued to September 16,
1974, at the request of the Administration at Cal Poly and also
referred to the Planning Commission for report and recommendation
16 Memorandum from the Planning Department requesting Council
consideration of a _joint City Council Planning Commission meeting
on progress of the General Plan update was ordered received and
filed with the Planning Department to keep the City Council aware
of when the meetings and presentations would be made
( 17 _ John Quirk, Assistant Director of Water Services, pre-
sented plans and specifications for SERRANO DRIVE WATERLINE, estimated
cost - $22,310 (Some of the cost to be paid by the property owners
involved )
City Council Minutes
August 19, 1974
Page 12
On motion of Councilman Gurnee, seconded by Councilman Brown that
the City Council approve the plans and specifications and authorize
the call for bids Motion carried, Councilman Graham absent
18 R D Miller, Administrative Officer, presented for the
City Council's consideration a tax rate ordinance for the fiscal
year 1974/75 stating that the budget had been prepared on the
basis of continuing the same tax rate as 1973/74 or $1 33 per $100
evaluation
Councilman Gurnee stated he was opposed to the tax rate proposed by
the Administrative Officer as he felt the tax rates should be
reduced in proportion to the increase in assessed evaluation which
had dust been placed upon all properties within the City of San
Luis Obispo, and he suggested a tax rate of $1'10 per $100 evaluation
be adopted He felt,the City would be getting the same amount of
money at the lower rate due to the increase in assessed evaluation
Councilman Norris stated he felt the City tax rate should be based
on the City's needs even in light of increased evaluation He felt
the City should keep the $1 33 tax rate in order to provide needed
services to The people and to complete the major construction
improvemenrs in the Water Department
Councilman Brown stated he was in support of some reduction of the
City tax rate and suggested that possibly a rate of $1 25 might be
adequate
Mayor Schwartz felt the City should keep the $1 33 tax rate in order
to do the things that were needed to better serve the people of
San Luis Obispo He referred to such items as the major water improve-
ments being completed where the costs were going up, The completion
of park projects, and the possibility of tremendous expenditures
in updating the sewer treatment plant
Councilman Gurnee moved that the 1974/75 tax rate be set at $1 10
per $100 evaluation Motion lost for lack of a second
On motion of Councilman Norris, seconded by Mayor Schwartz the
following ordinance was introduced ORDINANCE NO 624 (1974 Series),
an ordinance levying a tax for the current 1974/75 fiscal year upon
all taxable property within the City of San Luis Obispo and fixing
the rate of such tax
Passed to print on the following roll call vote
AYES Councilman Norris, Mayor Schwartz and Councilman Brown
NOES Councilman Gurnee
ABSENT Councilman Graham
CONSENT ITEMS
C -I, C -2, C -3, C -4, C -5, C -8, C -9, C -10 action as shown on motion of
Councilman Norris, seconded by Councilman Brown, all ayes, Councilman
Graham absent
r
City Council Minutes
August 19, 1974
Page 13
C -1 The claims against the City of San Luis Obispo were authorized
payment, subject to approval by the Administrative Officer
C -2 The City Council Minutes of February 25, March 4, April 8
and 22, May 6, 20, and 24, June 3 and 24, 1974 were approved as
presented
C -3 The communication from William Newman, Superintendent, Sa
Luis Coastal Unified School District regarding bicycle safety on
Augusta Street was ordered received and filed
C -4 On motion of Councilman Norris, seconded by Councilman
Brown the following resolution was introduced RESOLUTION NO 2657
(1974 Series), a resolution of the Council of the City of San Luis
Obispo establishing compliance with the Pre- emptory-Writ of-Mandate
issued by the Superior Court regarding Ryan Outdoor Advertising
Signs
Passed and adopted on the following roll call vote
AYES Councilmen Brown, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT Councilman Graham
C -5 The letter and resolution from the City of Downey to repeal
and amend sections of the Government Code pertaining to State
employee retirment system for State Legislators who no longer serve
due to loss of election or apportionment, and asking that the City
of San Luis Obispo adopt a similar resolution was ordered received
and filed
C -6 The request from Tom Weissbluth for permission to use
Mitchell Park on September 2, 1974, to sell crafts was approved,
subject to contributing ten percent to the Park 8 Recreation
Commission for park purposes
C -7 The following salary step increases were approved
effective September I, 1974
Gerald Bedford - Janitor
From Step 4 or $718 to Step 5 or $760
Richard E Bosserman - Police Officer
From Step 2 or $946 to Step 3 or $1002
Philip P Doyle - Building Inspector
From Step 3 or $1,002 to Step 4 or $1,056
Ellis A Fitler - Mechanic I
From Step 2 or $826 to Step 3 or $874
Larry G Lunsford - Police Lieutenant
From Step 4 or $1,384 to Step 5 or $1,460
Donald W Pratt - Police Officer
From Step I or $898 to Step 2 or $946
City Council Minutes
August 19, 1974
Page 14
Salary Step Increases were approved on motion of Councilman Norris,
seconded by Councilman Brown
C -8 The claim against the City of San Luis Obispo from Robert ,
T Clark for damage done to his bicycle when a wheel was caught in
storm grate was denied and referred to the insurance carrier
C -9 The claim against the City of San Luis Obispo from Mrs
Edith Cook for damage done to her car while parked in City parking
lot (hit by City truck) was denied and referred to the insurance
carrier
C -10 The claim against the City of San Luis Obispo from Mrs
Stephen Burdette claiming City caused back up in sewer line (1118
Murray Street) was denied and referred to the insurance carrier
C -11 The claim against the City of San Luis Obispo from Mr
Marion Davis claiming City sewer water and debris backed up into two
houses on Morro Street was denied and referred to the insurance
carrier
C -12 On motion of Councilman Norris, seconded by Councilman=
Brown that the request from the residents of the 1500 to 1800 blocks
of Royal Way to close the street on Friday, August 23, 1974 from
4 30 P M to II 00 P M to celebrate a 50th wedding anniversary
was approved
C -13 On motion of Councilman Norris, seconded by Councilman
Brown that the City Council urge the legislature to oppose Senate
Bill 1652 unless The provisions of Senate Bill 90 for reimbursement
of all funas lost by the cities and the counties be recognized
Motion carried
B -1 The City Clerk reported on the following bids received
for supplying miscellaneous equipment to the City of San Luis Obispo
in accordance with advertised specifications Bids opened Wednesday,
August 14, 1974 at 2 00 P M
Item I To be purchased One (1) 1974 or 1975 three
wheel gasoline driven motor scooter
To be traded in One (1) 1971 Westcoaster
scooter, serial No 27225, city equipment No 18,
to be traded in "as is ", except that the City
will remove radio
Item 2 To be purchased One (1) 1974 or 1975 three
wheel oasoline driven motor scooter
To be traded in One (1) 1968 Westcoaster
scooter, serial No 25712, city equipment No 768,
to be traded in "as is" (This unit is currently
inoperable )
11111111114
BIDDER
POWER LIFT COMPANY
P 0 Box 392 Less trade
Oxnard, California 93030
Net
* Price includes tax
GOLDEN BEAR EQUIPMENT
2000 Fifth Street Less Trade
Berkeley, CA 94710
Net
DEVIATIONS
POWER LIFT COMPANY
P 0 Box 392
Oxnard, CA 93030
City Council Minutes
August 19, 1974
Page 15
ITEM 1
$2,489 94
125 00
$2,364 94*
$2,195 00
225 00
$1,970 00
ITEM 2
$2,489 94
50 00
$2,439 94*
$2,195 00
150 00
$2,045 00
The scooters offered have no
tunnel lights, standard lighting
only, as shown in brochure
sent This bid is only
offered through August 18,
1974
On motion of Councilman Norris, seconded by Councilman Brown the low
bid was accepted
B -2 Bids for WASTEWATER TREATMENT PLANT EQUIPMENT REPLACEMENTS,
opened Friday, August 9, 1974 at 2 30 P M (NO BIDS RECEIVED) was
ordered received and filed
On motion of Councilman Brown, seconded by Councilman Norris the
meeting adjourned at 12 10 A M , August 20, 1974
APPROVED November 4, 1974
N" ATRICK, CITY CLERK
I
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 3, 1974 - 7 00 P M
CITY HALL
Pledge
Roll Call
PRESENT John C Brown, T Keith Gurnee, Jesse Norris
and Mayor Kenneth E Schwartz
ABSENT Myron Graham
City Staff
PRESENT J H Fitzpatrick, City Clerk, William E Flory,
Director of Parks 8 Recreation, R D Miller,
Administrative Officer, Don Englert, Police
Captain, Robert Strong, Planning Director
On motion of Councilman Brown, seconded by Councilman Gurnee, Donald
O'Connor was reappointed to the City Housing Authority for a four year term
' expi'ring on June 30, 1978'
1 At this time the City Council considered the FINAL PASSAGE of
ORDINANCE NO 621, an ordinance of the CITY of San Luis Obispo amending
the zoning ordinance to reduce parking requirements for various outdoor
uses in the C -H zone
Robert Strong, Planning Director, reviewed for the City Council the
recommendations of the Planning Commission regarding parking requirements
for certain outdoor retail uses in the C -H zone
Mayor Schwartz declared the public hearing open
No one appeared before the City Council for or against the ordinance
Mayor Schwartz declared the,public hearing closed
On motion of Councilman Gurnee, seconded by Councilman Brown, Ordinance
No 621 was introduced for final passage on the following roll call vote
AYES Councilmen Gurnee, Brown, Norris and Mayor Schwartz
NOES None
ABSENT Councilman Graham
' 2 At this time the City Council considered the FINAL PASSAGE of
ORDINANCE NO 623, an ordinance of the City of San Luis Obispo amending
the Municipal Code to provide that signs erected, existing, or maintained
in violation of provisions of the sign ordinance are public nuisances
Mayor Schwartz declared the public hearing open
r
f-
City Council Minutes
September 3, 1974
Page 2
No one appeared before the City Council for or against the proposed
ordinance
Mayor Schwartz declared the public hearing closed
On motion of Councilman Brown, seconded by Councilman Gurnee Ordinance
No 623 was introduced for final passage on the following roll call vote
AYES , Councilmen Brown, Gurnee, Norris and Mayor Schwartz
NOES None
ABSENT Councilman Graham
3 At this time the City Council considered the FINAL PASSAGE of
ORDINANCE NO 624, an ordinance levying a tax for the current 1974/75
fiscal year upon all taxable property within the City of San Luis Obispo
and fixing the rate of such tax The proposed tax rate was set at $1 33
per each $100 of evaluation
Councilman Gurnee stated he was opposed to the $1 33 rate He felt the
City should reduce the tax rate by the same proportion that the increase
in assessed evaluation was placed on the properties for the 74/75 fiscal
year He felt the tax rate should be reduced to $1 10 per $100 evaluation
He continued that the City budget was based on a slight increase in
assessed evaluation, and not the tremendous increase in assessed evaluation
that occurred in 74/75 Thus, he did not feel that the City government
should reap the rewards of such a great increase in tax assessment by
keeping the tax rate at the same level and not giving relief to the
property owners
Councilman Brown agreed that the City Council should make a token
reduction in the tax rate in order to give the property owners some
relief from the high assessments recently placed on their properties
He suggested a tax'rate of $1 25 per $100 evaluation
Councilman Norris stated he was in support of keeping the tax rate the
same as had been historical in the City of San Luis Obispo, ,less the
17¢ for the library, but that in 'retrospect he felt that, based on the
increased evaluation of 27 percent, some reduction in the tax rate
should be made to give small property owners some tax relief He
felt that a tax cut was justified in an attempt to help fight inflation
on a local level He would support the $1 25 per $100 evaluation as
suggested by Councilman Brown
Mayor Schwartz stated he felt the tax rate should not be reduced only
for political purposes but felt that the Council should look at major
expenses racing City resources in trying to bring up the City's
utilities to a first -class condition, 'and, therefore, he felt some
funds should be kept for contingency in the tax rate for City operation
He also felt that due to inflation, City costs were going up and
additional services were constantly being demanded of the City Council
Councilman Gurnee moved that the tax rate for the 1974/75 fiscal year
be $1 10 per $100 evaluation Motion lost for lack of a second
Ordinance No 624 was not finally adopted due to the following action
On motion of Councilman Brown, seconded by Councilman Gurnee that the
1974/75 tax rate be set at $1 25 per $100 evaluation with the General
Fund tax levy being 72¢, the Public Improvement and Betterment Fund
of 30¢, the Library Fund of 3¢, and the Park and Recreation Fund of 20Q
PC ` �
City Council Minutes
September 3, 1974
Page 3
On motion of Councilman Brown, seconded by Councilman Gurnee, the
following ordinance was introduced ORDINANCE NO 625, an ordinance
levying a tax for the current 1974/75 fiscal year upon all taxable
real and personal, property within the City of San Luis Obispo and
fixing,the rate of such tax
Passed to print on the following roll call vote
AYES Councilmen Brown, Gurnee, Norris
NOES Mayor Schwartz
, ABSENT Councilman Graham
4 David Williamson, Assistant Administrative Officer, presented
for the CounciIIs consideration a set of revised plans for the Council
Chamber remodeling and estimated costs for such remodeling
He stated that the preliminary plans being presented incorporated a
number of changes resulting from discussions by staff and the
architect The basic changes relate to the sitting position of
the clerk /secretary, revised exhibit board, additional mike stations,
and changes in the height relationships between Council and staff
sitting area and public sitting area
Also received were outline specifications for the City Council Chamber
remodeling which provided additional information concerning the detalls
of the remodeling. He submitted an estimated cost as of August 30,
1974 for the remodeling of the Council Chambers of $79,678 including
_ the audio - visual equipment and the various chairs
The City Council'discussed the conceptual drawings of the Council
Chamber remodeling as prepared by the architect, and made suggestions
for amending or improving it
Upon arrival of the architect, Ethan Jennings, the City Council again
reviewed various items proposed by staff and the architect for
remodeling of,the chambers
On motion of Councilman Brown, seconded by Councilman Gurnee that the
City Council approve the design concept and authorize the architect to
proceed with-the detailed plans and specifications in light of the
evening's discussion with the City Council Motion carried, Councilman
Norris voting No, Councilman Graham absent
5 At this time the City Council held a PUBLIC HEARING on the
appeal of Dennis B Wheeler, Jr from a decision of the Architectural
Review Commission regarding construction at 2545 Broad StreeT.
The building permit was applied for prior to the purchasing of the
property, the developer received a plan checklist and then purchased
the property knowing what requirements the City would make These
decisions were all made prior to the formation of the Architectural
Review Commission, and they had met all requirements of the plan
check and all City zoning and building regulations However, when
the builder applied for the final building permit, the Architectural
Review Commission denied the site plan as well as suggested archi
-
tectural improvements to the building
The appeal of Dennis B wheeler was on denial of the site plan He
concluded that prior to submittal to the ARC much time was spent on
City Council Minutes
September 3, 1974
Page 4
the site plan with the City staff, and that the siTe plan submitted
was the best that had been cooperatively developed which considered
the constraints of the site
Dan Smith, Associate Planner, reported that at the regular meeting of
the Architectural Review Commission, held August 26, 1974, the appli-
cation from Dennis B Wheeler was denied on the vote of three to one
The grounds for denial were as follows
A one -way driveway access and asphalt paving would be
constructed around three sides of the duplex structure
and would create a very undesirable living environment
for the occupants of the structure The duplex would
be unsafe for children who might reside there and would
not provide any usable yard area for the,residents
excepT a small front yard which was adjacent to the
street: _
2 The "S" curve in the driveway to be used for egress,
while meeting minimum code requiremenTS, would be a
minimal solution and would create blind curves
3 The proposed four unit apartment structure was lacking
in architectural design and needed improvement
The Architectural Review Commission indicated they were aware that the
site plan complied with minimum site development standards for the
R -2 zone, but felt that it was their duty to ensure appropriate
design despite minimum code requirements and that The applicant's
plan did not represent an acceptable design
Robert Strono, Planning Director, stated that the City Council approved
a request for a dual driveway, perhaps not considering he e
tffects of
surrounding the existing duplex with paving and traffic, prior to the
Architectural Review Commission existence Additionally, the staff's
initial plan check of February, 1974 did not suggest that the driveway
arrangement would be unacceptable
If the permit had been pursued on a normal schedule, it would have been
issued prior to Architectural Review Commission formation, without any
additional site plan and architectural changes
Preliminary design approval was received prior to Architectural Review
Commission existence and in the opinion of the staff the problem was
one of transition "The rules have changed" and it is inequitable,
in staff opinion, to treat a project in final design the same as one
at an initial conceptual stage
The applicant is willing to cooperate with
Review Commission concerning architectural
could not accommodate site plan or density
Robert Strong stated he considered this "o
view of prior staff and Council acceptance
and in compliance with code standards
the staff and Architectural
alterations but apparently
changes at this late date
)mpromise" reasonable in
of the proposed development
Robert Strong, Planning Director, then reviewed the Architectural Review
Commission's minutes of the meeting of August 26, 1974 at which time
the application was denied for development
Councilman Norris stated that he objected to the City Council hearing
this appeal, as he felt that this matter had been settled by the City
Council in February, 1974 long before the Architectural Review Commission
ever came into existence He felt all that was being done now was a show
City Council Minutes
September 3, 1974
Page 5
of power by the Architectural Review Commission to question the Council's
decision
Mayor Schwartz declared the public hearing open.
David Burke representing Dennis Wheeler appeared before the City Council
' on behalf of the appeal
Roger Marshall, ARC member, spoke in support of the ARC action in rejecting
this project as he felt the design of the property was inadequate and
the driveway would be a hazard to the children He also did not like the
building design as presented or the site plan for the use of the property
Lawrence Field, ARC member, spoke in support of the ARC action stating
that he felr the design was not good from an architectural standpoint
even though visibility from the street was limited and the trees in
the rear would shield the building somewhat He felt there was no
effective screen from the adjoining property He was of the opinion
that the two -story building with two bedroom units would not be in
keeping with the existing neighborhood, and he felt the dual driveway
was unacceptable He stated he did agree with the applicant that
the parcel was a difficult one to design, however, he felt the City
should not allow anyone to go ahead with a plan that was unacceptable
and undesirable for the City
Mayor Schwartz declared the public hearing closed
Councilman Gurnee stated he agreed with the recommendation of the
Architectural Review Commission in this case as he felt that the
project would be detrimental to the City and to the neighborhood and
' thus supported the action of the ARC
Councilman Norris stated he was'opposed to the ARC action in denying
development at 2545 Broad Street He felt the City Council had already
taken action on this project and the developer should not have to keep
coming back for approvals
Councilman Brown stated he would support the recommendation of the
Planning Director on this matter, that the development plan should be
worked out with the staff and try to get the best development on a
very difficult site He stated he would support the appeal of Dennis
Wheeler
Mayor Schwartz reviewed with Robert Strong, Planning Director, the
sequence of this project through the various city departments, boards
and commissions He stated that while he supported the action of the
ARC and felt they were correct „ he also felt that due to prior action
of the Council on the development, the appeal must be upheld He
also hoped that the developer would cooperate with the ARC and follow
the directions of the ARC to upgrade the building design
On motion of Councilman Norris, seconded by Councilman Brown that the
City Council uphold the appeal of Dennis B Wheeler based on prior
action of the City Council in February, 1974 Motion carried,
Councilman Gurnee voting No, Councilman Graham absent
6 Review of staff report on Highway 227 project and Council
determination of the extent of initial City participation in this
project (report distributed to the City Council August 19, 1974)
City Council Minutes
September 3, 1974
Page 6
Mayor Schwartz stated that he reviewed in detail the staff recommendations
presented at the August 19 meeting and hoped that the City Council could
give directions to the staff so that the City's portion of the project
could be coordinated with the Department of Transportation in an effi-
cient and economical fashion- The Mayor stated he saw this as an oppor-
tunity for a ,joint effort that would save the City money and reduce
unnecessary expenditures in the future for re -doing essential services
as well as tying up a major traffic artery He recommended the following
SCHEDULE
The City recognize Cal Trans' tight schedule and program
the City's work to fit that timetable If necessary, the
City could engage appropriate professional services if
City staff could not accomplish the necessary design
work without disruption of other priority work
2 SEWER
Follow staff recommendation as cost was minimal
3 WATER
Install system to meet future demands as recommended by
the staff in schedule "B" Installation of fire hydrants
to meet new City standards Staff should present more
details relative to a formation of an improvement district
for the balance of the improvement
4 BIKEWAYS AND SIGNS
City expenditure was minimal Bike lanes should be
provided in both directions The Mayor stated he would
favor elimination;of curb parking on both sides of the
street, but realized the hardship involved in the resi-
dential areas However, curb parking should be eliminated
on both sides from High to Funston (commercial) and from
Orcutt south
5 STREET TREES
The Mayor stated the staff recommendation was a good one
and should be accepted as it made for a handsome street
in the future The City should provide the trees and well
covers for a 50 foot nominal spacing on both sides of the
street in the sidewalk area with additional trees to be
placed behind the sidewalk area to create a 25 foot nominal
spacing on the west side between Funston and OrcutT '
6 INCIDENTAL IMPROVEMENTS
A Wherever widening would require rebuilding of curb and
sidewalks at corners, ramps to accommodate the handi-
capped should-be constructed by whoever bore the
responsibility for reconstruction -- -State or City
B Improved-storm-drainage as per staff recommendation
7 UTILITY UNDERGROUNOING
Based on reports it seemed the City was too late for
effective coordination, and This matter should be considered
c
City Council Minutes
September 3, 1974
o Page 7
as a part of a future phase of Broad Street improvement
plan
8 MEDIAN ISLANDS
The Mayor stated he would like to see the City proceed
with the recommended median island development, but that
he understood that Cal Trans believes this could not be
made a part of this project for two reasons .I) The E I R
did not indicate raised medians, and 2) the project was
"sold" for Federal financial support without medians
To add medians to the project at this time would jeopardize
Cal Trans' tight schedule If that were correct, the City
should drop the median proposal at this time and add them
incrementally in the future with guidance from the Design
Review Board However, the City should try to coordinate
medians in the project between Orcutt and Rockview as
this segment would have no parking on either side and
properties would have to be redeveloped and consequently
could be designed to meet limitations imposed by median
islands
The City Council and staff discussed the recommendations of the staff at
the August 19 meeting and also the Mayor's analysis of each individual
item and discussed them as follows
SCHEDULE - Approved by the City Council
2
SEWER - Approve recommendation
3
WATER - Approve recommendation
4
BIKEWAYS AND SIGNS - Adopt staff recommendations regarding
bikeways and signs, Councilman Norris voting No
5
STREET TREES - Adopt staff recommendation with Councilman
Norris opposed to trees in the four foot sidewalk area
as he felt the City's experience on Foothill Boulevard
was very detrimental to pedestrians
6
INCIDENTAL IMPROVEMENTS - 'Adopt staff recommendation
7
UTILITY UNDERGROUNDING - To be pursued by the staff when
„
possible with the Council adopting the recommendation for
continued consideration
8
MEDIAN ISLANDS - On Broad Street from Orcutt to Cap itolio
were estimated at $50,000 for construction, $15,000 for
landscaping, with a total estimated cost of $65,000
On motion of Councilman Brown, seconded by Councilman Gurnee that the
Council's actions on the eight items be accepted with the objections noted
by Councilman Norris, also that staff be authorized to prepare plans and
specifications for median islands on Broad Street from Orcutt _to
Capitolio Lane with no parking, but including bikeways Motion carried
9 20 P M Mayor Schwartz declared a recess
9 35 P M The meeting reconvened, all council members present with the
exception of Councilman Graham
City Council Minutes
September 3, 1974
Page 8
0
7 Communication from Warren F Dolezal, Garden Homes, Ltd ,
Los Verdes Park, requesting that the CITy Council consider the approval
of Johns- Mansville PVC, class 150 water pipe with ring -tite Joints, to
be approved as an acceptable alternate for use in Tract 467, Unit 2 in
place of Class I, ductile iron pipe
Mr Dolezal stated that it was his understanding that the PVC pipe was
currently being used in the cities of Santa Barbara and Ventura as an
acceptable alternate to the ductile iron they were previously using
with highly satisfactory results to all parties concerned
Benefits which would accrue to the City, in his opinion, were as follows
I Strength was equal to or greater than presently required
ductile iron pipe
2 Flow characteristics within the pipe were greatly improved
The C value is 150 in PVC vs 140 in ductile iron
3 PVC did not require any internal protection to maintain its
high flow characteristic
4 Most importantly, corrosion resistance was reduced
because the PVC was completely immune to corrosion attack
by acids and /or hot soil conditions and subsequent electro-
lysis
5 The PVC was made to ductile iron outside dimensions so as
to be completely interchangeable with the City's existing
systems
He also requested that the City allow the use of Poly ButyIene tubing
meeting national sanitation foundation standards for 160 psi rating for
the house laterals. He concluded the tubing would be used in accordance
with present standards and methods established for the City Water
Department personnel They would install the tubing in the same manner
as the City now used in their own installations
John Quirk, Acting Water Director, stated that his experience with poly
butylene tubing over the last three years had been very good The City
has had no problems with it and it adapted to the City's existing fittings
and was of considerably less cost than copper He recommended the use
of this material for the service with no hesitation
The heavy gauge PVC or "blue brute" was manufactured by the Johns- Mansville
Company, AC pipe manufacturer It currently had NSF approval as well as
UL approval, and was currently being evaluated by the AWWA for physical
tests, the results of which had not been published but from all indications
were satisfactory ,
He felt that the use of this material was a logical, progressive step and
now was as good a time as any to adopt its use in addition to ductile
iron for sizes to eight inches
D F Romero, City Engineer, stated that the Public Works Department had
used this PVC material in the past for sewer force mains and had had good
experience He believed that the time had,come for the City to experi-
ment with this type of material for City mains, and eventually all sewer
and water mains would be constructed of this material He, therefore,
recommended and had no objection to use of this material on a trial basis
within Tract 467, Phase 2
City Council Minutes
September 3, 1974
Page 9
A J Shaw, City Attorney, stated in a written communication that he
reviewed the request of Mr Dolezal to use PVC pipe for water mains
in Unit 2, Tract 467, instead of the City's standard ductile iron
pipe
He stated it now appeared that this PVC pipe might prove to provide
the City with an acceptable adbternate to the ductile iron pipe
Further, he stated that John Quirk notified him that the City's
consultant indicated over the telephone that he did not object to
the use of this pipe He stated he was not qualified to make engineer-
ing determinations either as' to the adequacy and reliability of PVC
pipe, however, it appeared that the City might be rushing into a
decision with insufficient basis for the decision
I If the City's consultant was going to recommend approval
of a radically different product of this type, he should
certainly do so in writing It might be wise to ask
him why he had not made this recommendation prior to
this date,
2 If the City was going to experiment with this type of
material for City mains such experimentation should be
accomplished within public rights of way rather than
within easements upon private property As the Council
was aware, whenever something went wrong with a material
or method of construction upon private property which
had been approved or permitted by the City, the owner
of said property tended to blame the City when the
problem occurred, claiming that the City should pay for
relocation of the sewerline or waterlines, etc
' In any event, the City Attorney recommended that the City Council's
decision should be upon objective and studied consideration rather than
as a hasty reaction to a request from a private party
Commenting on Mr Shaw's memo, Administrative Officer Miller said Mr
Edmonston was not the City's consultant in this area but had done some
checking on prevailing practice as a personal favor to him (Richard
Miller) He had made no recommendation on the matter but had merely
indicated a growing trend toward use of PVC pipe as an alternate to
ductile iron pipe
Robert A Paul, former Water Department Director,ICity of San Luis Obispo,
had submitted a memorandum in response to an inquiry of the past practice
of the City using cast iron in preference to alternate materials such as
PVC plastic pipe He offered the following comments
I. As a result of past pipe failures, the City Council had
previously required the cast iron pipe be used to the
exclusion of'all other materials for installation in the
City's water distribution'system
As a result, grey cast iron pipe, American Water Works
Association Specification No C106, and ductile iron
pipe, AWWA Specification No C151, have been the only
materials instblled in the City in recent years
2 The records presently available to Mr Paul, including
recently adopted Title 17 of the California Administrative
Code, indicated that PVC'plastic pipe was not yet the
subject of an AWWA standard specification
City Council Minutes
September 3, 1974
Page 10
3 The City's past ability to maintain its water distribution
system with such a limited staff musT be due-in part to
the adequate performance of the cast iron materials now
in place
4 In contrast to the construction practices that might be
tolerated during the installation of cast iron pipe, PVC
plastic pipe must be carefully bedded and back - filled in
order to develop the full strength of the pipe wall
In Mr Paul's opinion, the quality of contract construction
talent available to the City covers a wide spectrum,
including some which would not provide an adequate long -
range installation if PVC plastic pipe were used
Thermoplastic pipe materials, such as PVC, might well be the most commonly
used pipe material at sometime in the future But its record of per-
formance was not yet firmly established Its inherent prope vies made
reliable installation difficult for inexperienced contractors
Review of PVC was now underway by some major agencies -But for an entity
the size of the City of San Luis Obispo to attempt to match that review
process by switching from a proven material, such as cast iron, to newer
materials was a luxury that could not be afforded A more prudent course
would be to review the results of larger agencies and consider pipe
material changes in light of their favorable experience
John Quirk recommended that the City Council adopt as an acceptable
alternate PVC, Class 150 water pipe with ring -cite joints on the basis of
I Less Cost ;
2 Ease of installation, and
3 Minimum corrosive problems
On motion of Councilman Gurnee, seconded by Councilman Brown that the City
Council approve as an alternate the use of PVC, "Blue Brute ", 150 Class
pipe, up to eight inches in diameter in the City of San Luis Obispo as an
alternate standard with the installation of magnetic tape for detection
Motion carried on the following roll call vote
AYES Councilmen Gurnee, Brown, and Mayor Schwartz
NOES Councilman Norris
ABSENT Councilman Graham
8 Memorandum from David Williamson, Assistant Administrative Officer,
regarding a staff request presented on August 12, 1974 regarding permission
for the City to deposit earth -fill material from construction of the cross-
town feeder water main on City owned property in Laguna Lake
During the discussion on this matter, the staff was questioned about recent
filling operations and was asked to report back on the source of the earth
material recently deposited and to presentl alternatives for removal The
staff was further directed to not authorize any dumping or filling in-the
City within flood -prone areas unless specifically authorized by the Council
The recent deposition of fill material on the peninsula portion of Laguna
Lake Park was authorized by Lane Wilson of the Parks 8 Recreation Depart-
ment as a result of a request by Tom Gingg, inspector for the Broad -
City Council Minutes
September 3,'1974
Page II
Lincoln culvert project, on behalf of Conco Construction Company Mr
Wilson's authorization was based upon an understanding on the part of
the Parks Department staff and the Public Works Department' staff that
suitable imported material could be placed on the City owned peninsula
portion of Laguna Lake Park in accordance with the Hector Master Plan,
subject to authorization by Parks 8 Recreation Department personnel
Alternatives for'removal of the recently imported material for the
Council's consideration were as follows
Leave material as is until the master plan study had
been approved for future development of Laguna Lake
Park Some 'of this material could possibly be used
somewhere within the park in accordance with an approved
grading plan outside of the flood -plain area
2 Remove the recently imported material on an as needed
basis until it was all removed
3 Remove the imported material immediately using City
forces
4 Remove the imported material immediately by contract
If alternate I was selected, the material would remain where it was for
approximately one year
If alternate 2 was selected, it would be approximately two years before
all the fill material was removed because there was almost no demand
for fill material except for City fobs
' If alternate 3 was selected, removal would be accomplished between now
and the first week in November, as time permitted, using City forces
and equipment
If alternate 4 was selected, the material would be removed immediately,
it would take approximately 3 to 4 days at a cost of $4,500 to $5,000
In this case the material would be hauled to the County land fill site
in Edna Valley
Mr Williamson stated that it was his recommendation that alternate 3
be selected and that the Public Works and Parks 8 Recreation Departments
combine crews and equipment to accomplish this task Further, all City
departments had -been advised of the,Council's directive to not authorize
any filling or dumping within areas flooded during the 1973 storm
D F Romero, City Engineer, submitted a report with attachments on the
history of placing surplus fill material 'at the Laguna Lake Park in
accordance with the adopted Hector Plan since 1966
Robert Strong, Planning Director, stated that he, William Flory,
Director of Parks 8 Recreation, and Dave Romero, City Enoineer recommend
that alternate I be adopted by the City Council rather than Alternate 3
as recommended by David Williamson
' It was the three staff members' recommendation that the dirt would be
necessary for the development within the Laguna Lake Park and that if
this dirt were removed at this time, ultimately additional dirt would
have to be imported for development
City Council Minutes
September 31, 1974
Page 12
D F Romero, City Engineer, estimated that about 500 cubic yards of
dirt had been dumped in the last year on this property He, too, opted
for alternate I and had the dirt spread in two or three inch spread
throughout the already filled part of the peninsula
Councilman Gurnee supported, alternate 3, move the dirt out, not another
cover -up of a mistake
Councilman Norris stated he supported alternate I wi- th-the recommendation
that a thin spread out and compaction in place on the peninsula
Councilman Brown stated he also supported-alternate I with the City to
use its own tractor to spread the fill over a larger area and compact as
thinly as possible and try to plant it prior to th& winter rains
Mayor Schwartz felt a combination between alternates I and 3 would be
acceptable to him Move -the fill back on the park ,land, out of the
flood -prone area and possibly stock pile it for future park development
Councilman Gurnee stated that he agreed with the Mayor's compromise
On motion of Councilman Gurnee, seconded by Councilman Brown that the
staff be authorized to move the fill OUT of the flood -plain area,
spread it thinly and try to plant it prior to the winter rains Motion
carried on the following roll call vote
AYES
Councilmen
Gurnee, Brown,
and Mayor Schwartz
NOES
Councilman
Norris
ABSENT Councilman Graham ,
9 Memorandum from John Quirk; Acting Water Department Director,
stated that, after review of Resolution No 2435, (1973 Series) as it
applied to the quarterly water projects program, he requested that the
City Council consider the applying of the balance remaining for this
quarter to reimburse the two property owners participating in the
Serrano Drive water main extension in the amount of $6,618
On motion of Councilman Norris, seconded by Mayor Schwartz that the
recommendation of John Quirk be accepted and the money be allocated to-,
this project Motion carried ,
9X D F Romero, City Engineer, submitted a memorandum on City
participation in the signal cost at the intersection of Madonna Road and
the north -bound ramp to State Highway 101
He stated that on April 17, 1961, by freeway agreement, the'City agreed
to construct the present structure and-agreed to resume control and
maintenance of each of the relocated or restructured City streets
on notice.- from the State that the work thereon had been completed
This agreemenT implied that the City would pay for maintenance and
participate in the cost-of improvements within that portion which was
relinquished to the City
Within the past three and one -half years, there had been 25 accidents '
at the intersection of Madonna Road with the north -bound ramps of
Stare Highway 101 Eighteen of these accidents could have been prevented
by the installation of traffic signals Thus, there was a very strong
warrant, a