HomeMy WebLinkAbout05/03/1971MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
May 3, 1971 - 7:00 P. M.
City Hall.
Pledge
Roll Call
Present: Emmons Blake, John C..Brown, Myron Graham,
T. Keith Gurnee, Kenneth.E. Schwartz
City Staff
Present: R. D. Young, Planning Director; J. H. Fitzpatrick,
City Clerk; W. Flory, Park and Recreation Director;
H. Johnson, City Attorney; R. D. Miller, Admini.strative
Officer; D. F. Romero, City Engineer; L. Schlobohm,
Fire Chief; E. L. Rodgers, Police Chief; E. P. Thompson,
Water Department Director.
C -1. The City Council authorized payment . of claims against the City sub-
ject to the approval of the Administrative Officer-.
C -2. The Council approved the minutes of April 5, 1971.
C -3. The City Council granted permission to the San Luis Obispo County Band
to hold a band concert in Mission Plaza on May 9 in honor of Mother's Day.
C -4. The Council referred the claim of Margaret Moes - -for general damages
and unknown medical expenses and unknown wage loss - -to the City .'s insurance
carrier.
C -5. The City Clerk reported the following bids were received for the
Street Resurfacing Project, City Plan No. 20.71. Bids were opened Friday,
April 30, 1971 at 3:00 P. M.
M. J. Hermreck,.Inc.
$25,983.30
Kleinhammer Construction Co.
$27,032.75
A. J. Diani Construction Co..
$27,149.75
C. S. Construction Co.
$27,667.70
Madonna Construction Co.
$28;690.00
Wesley G. Watkins
$29,734.00
Conco Engineering Contractor
$29,902.50
Sully - Miller Construction
$30,674.70
R. Burke Corporation
$33,354.50
Granite Construction Company
$337711.50
R. McGray, Inc.
$37,192.50
ENGINEER'S ESTIMATE
$29,392.00
The City Council awarded the contract to the low bidder, M. J. Hermreck, Inc.
of Nipomo.
C -6. R. D. Miller, Administrative Officer, announced the promotion of
Jack Della Bitta from Maintenance Man II, Step 5 to Senior Engineering Aide,
Step 5 or $712 per month.
City Council Minutes
May 3, 1971
Page 2
C -7. R. D. Miller, Administrative Officer, announced the following
appointments effective May 1, 1971:
Louis J. Schwiebert - Police Officer
At Step I or $692.00 per month
Ava T. Sigsby - Meter Enforcement Officer
At Step I or $484.00 per month
Bette K. Robinson - Clerk/Dispatcher
At Step I or $456.00 per month
C -8. A.report from the Planning Commission that a requested rezoning for
265 South Street (W. Guglielmelli) from M to R -H was denied by the commission.
The report was received and filed as an information item.
C -9. A report from the Planning Commission that a requested rezoning for
1400 Stafford Street (Ray Bunnell) From R -1 to R -H was denied by the Com-
mission, was received and filed as an information item.
C -10. Agreement from H. C. Elliott,.lnc., for installation of an underground
sewage pumping station on South Higuera was approved and the Mayor was author-
ized to sign the agreement.
C -11. The City Council received a communication from Donald Q. Miller re-
questing that the City Council instruct the Engineering Department to make
a study of street grating for drop inlets so they could be made safer for
cyclists.
D. F. Romero, City Engineer, explained that the drop inlets had been de-
signed a number of years ago with bar spacing to prevent bicycle wheels
from entering, and that bars were placed parallel to traffic to increase
the efficiency of the drop inlets. He stated that his own experience
showed that a standard narrow bicycle tire could safely traverse the
grates, but that a number of Division of Highways grates had wider spac-
ing and were hazardous.
Donald Q. Miller stated he felt that most of the drop inlet gratings in
the City were unsafe and were a hazard to cyclists as most people now ride
bikes with narrow tires. He recommended that the City in the future go to
the curb cut type of drop inlet rather than. the present system.
The City Council directed the City Engineer to make immediate corrections
to any gratings that were dangerous and to prepare a cost estimate of con-
verting the other existing gratings that were not dangerous.
C -12. On motion of Councilman Blake, seconded by Councilman Graham, the
following Resolution was introduced. RESOLUTION NO. 2188, a resolution
reducing various equipment replacement budget items to reflect unspent
portions thereof and making inter -fund transfers from various funds to
the Equipment Replacement Fund.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Myron Graham, John C. Brown,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
LJI
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City Council Minutes
May 3, 1971
Page 3
C -13. A communication from the Public Employees' Retirement System re-
garding Senate Bill 249 and the affect it would have on the present
retirement system was continued for further information.
C -14. A communication from Peter R. Andre asking why the sewer pipe
' which crosses San Luis Creek at the foot of Dana Street was not placed
on the Council's list with the three other sewer pipes which were scheduled
to be buried below the creek bed to prevent future flooding.
D. F. Romero, City Engineer, explained that the three (3) sewer crossings
were more critical and created more of a flood hazard than the crossing
mentioned by Mr. Andre.
The City Engineer was asked to write to Peter Andre explaining this.
C -15. A communication from the Chamber of Commerce Ecology Committee
urging the City Council to hire an individual to enforce environmental
protection laws was referred to Council budget sessions.
C -16. .A communication from Mrs. Gene Martin opposing a municipal bus
system was received and filed.
C -17. Recommendation from the Design Review Board for directional signs
for Mission Plaza and a request for Council approval to call for bids.
R. D. Young, Planning Director, presented a sample of the proposed sign
showing the cap piece and explaining the material to be used.
' On motion of Councilman Graham, seconded by Councilman Brown, the Design
Review .Board was authorized to call for bids for the directional signs in
Mi.ssion Plaza. Motion carried.
C -18. A communication from the Associated California Employees request.Eng
Council support of their efforts to receive salary increases this year was
received and filed.
C -19. The Council approved the following contract payment to be paid after
May 15, 1971.
0. K. Industries Est. #1 $11,137.50
Mission Plaza Phase II•
On motion of Councilman Blake, seconded by Councilman Graham, the consent
items were approved as indicated.
1. Communication from James D'Albro regarding funds deposited for tree
planting in Arbor Estates, Tract 317, asking the City Council to proceed
with the tree planting.
D. F. Romero, City Engineer, reported that the money had been deposited
with the City and that as soon as a study had been made as to type of
trees and the location, the planting would begin.
On motion of Councilman Graham, seconded by Councilman Brown, the request
was referred to the Tree Committee for study and recommendation of a
planting schedule for Tract 317. Motion carried.
City Council Minutes
May 3, 1971
Page 4
2. Request from Harold G. York, developer of Chumash Village Mobile Home
Park on South Higuera for one 60 foot driveway, street type entrance, and
a 40 foot street type rear entrance. The request was based on the addition-
al width needed for moving large mobile homes in and out of the development.
D. F. Romero, City Engineer, stated.he.had no objection to granting this
variance.
On motion of Councilman Graham, seconded by Councilman Blake, that wider
driveways be allowed. Motion carried.
3. Communication from Jack Kellerman, Chief Building Inspector, forward-
ing a copy of proposed ordinance 521, an ordinance adopting the
1970 UNIFORM BUILDING CODE and requesting that the City Council set
hearings for its adoption.
D. F. Romero, City Engineer, presented a communication recommending-that
since the City Council would adopt the 1970 Uniform Building Code that
the Council include Chapter 70 which related to excavating and.grading
with the provision that the amendments be enforced by the City Engineer
and that the provisions for stock piling materials and for hours of
operation be in accordance with the previously adopted ordinances.
J. Kellerman, Chief Building Inspector, reviewed for the City Council
some of the changes contemplated in the proposed 1970 Uniform Building
Code.
On motion of Councilman Blake, seconded by Councilman Graham, the pro-
posed adoption of the 1970 building code was set'for public hearing.on
May 17, 1971. Motion carried.
4. At this time the City ouncil held a public auction on the sale of
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excess land owned by the City of San Luis Obispo located at 3261 Rockview
Place.
The City Clerk.reported that the auction notice had been published five
times and each licensed real estate agency in the City had received a
copy of the notice to sell. The City Clerk further reported that he had
not received any written bids to this time.
Mayor Schwartz declared the auction open.
No one submitted a bid for the purchase of the property.
Mayor Schwartz declared the public auction closed and the matter was con-
tinued for her discussion by the City Council.
5. At this time the City Council held a public hearing on the appeal of
T. Keith Gurnee and Arthur Wirshup from a decision of the Planning Commis-
sion to grant a use permit for a service station at Madonna Road and
Madonna Inn access road (Martinelli property).
Councilman Gurnee disqualified himself from consideration of this matter
due to the conflict in interest and left his seat at the Council table.
R. D. Young, Planning Director, presented the report from the Planning
Commission on the approval of this. use permit:
1. The applicant is requesting a use permit to erect a three bay
service station at the intersection of Madonna Road and the
frontage road leading to the Madonna Inn.
2. The property is contiguous to City owned property on the.north
and a motel- restaurant on the south.
City Council Minutes
May 3, 1971
Page 5
3. Similar applications at this location were approved by the
Planning Commission in June 1968 and January 1971.
4. It appears that the proposed development meets all the stan-
dards of the Zoning Ordinance, however, proposed signs as shown
are nonconforming and must comply with the Sign Ordinance.
5. It is the opinion of the Commission that the proposed
development will not be detrimental to the health, safety and
welfare of persons living and working in the vicinity. The
Commission noted there was no objection from the Public Works
Department or Police Department concerning traffic circulation.
Planning Commission approval is subject to the following conditions:
1. Development shall be in accordance with the submitted plot
plan subject to the conditions established by the.Planning
Commission.
2. The exterior of the building shall be entirely of tan slump -
stone with Spanish tile roof and redwood veneer on all fascias
and exterior doors.
3. Signs shall conform to the Sign Ordinance.
4. Six trees shall be provided; minimum size to be 15- gallon.
5. A detailed landscape plan showing plant materials and method
of irrigation shall. be submitted to the Planning Department for
approval prior to issuance of a building permit.
6. Lighting shall be arranged so as not to illiminate adjacent
properties or the public right -of -way. .
7. Bells and signal devices shall not be operated after 10:00 P.M.
' 8. There shall be no outdoor storage or outdoor loudspeakers.
9. Sales shall be limited to automotive products.
10. Directional signs indicating exiting to be from the driveway
furthest to the west, shall be installed.
Mayor Schwartz explained the ground rules of the public hearing to be held
at this time. He then declared the public hearing open.
Mr. Gurnee felt that the following was the basis for denying the approval
of the Planning Commission for this service station:
1. The City Council did not include the item on the agenda of
March 15, 1971, but presented it as an unadvertised general item.
2. Concerned citizens were not given the privilege of a public
hearing because of the lack of notice.
3. The police, whose report was instrumental in the original
negative vote of the Council, did not attend the Council meeting
nor the Planning Commission meeting of April 6, 1971.
4.- We have definite evidence of traffic hazards still existing,
even with the altered plan.
He continued that he felt the key issue for:the denial of.the permit was the
' excessive and dangerous traffic using Madonna Road and the extremely-con-
fusing traffic conflicts at this intersection with traffic coming off the
freeway and attempting to enter.the restaurant.or service station.
E. L. Rodgers, Police Chief, upon questioning by Councilman Gurnee, stated
that he opposed the service station in its original plan to use the Madonna
Inn access road. He.felt that the easterly driveway at that time was too
close to the access road for the Madonna Inn and therefore opposed the
granting of the permi.t. As far as the present plan was concerned, he had
fewer objections as the driveway entrance had been moved westerly. about
100 feet from the Madonna Inn entrance which he felt would make for a
safer transition. He continued that while he was not happy with the
service station and its location and all traffic conflicts had not been
eliminated, he felt the Police Department could live with the proposal.
City Council Minutes
May 3, 1971
Page 6
Sgt. W. Morrissey, Police Department, presented a map showing the various
traffic conflicts involved in this most dangerous intersection. He empha-
sized the dangerous conditions that still existed with the present plan
particularly in the two left turn lanes from the freeway onto Madonna
Road. He felt that the service station would generate business from the
highway and further congest Madonna Road for vehicles entering and leaving
the service station. He felt further conflict would be added by the new
motel west on Madonna Road and the entrance to the shopping center where
many people made U -turns to get back to the freeway.
Councilman Gurnee continued by showing a chart outlining the various
traffic conflicts and showing violations to normal safety rules caused
by congestion and heavy traffic. He felt the permit should be denied on
the basis of danger to the public safety and public welfare.
Clyde Hostetter, 533 Couper Drive, was opposed to the development of this
station at this location due to the traffic hazards on Madonna Road which
would only become more hazardous as the years passed. He felt that the
permit was against the public interest and public safety and the citizens
of San Luis Obispo. He also felt the City Council could not ignore the
great number of service stations in San Luis Obispo at this time. He did
not feel there was any need for further stations on Madonna Road in view
of the present traffic conditions.
Bob Barrows, 870 Meinecke,,'also_ opposed this location for a service station
due to the traffic problems and he further felt there was no need for
additional stations.
Mrs. H. W. Rible, 1356 Avalon, opposed the service station as she felt it
would increase the traffic problem on Madonna Road which is extremely
hazardous at this time without encouraging more traffic movement. She
felt the addition of this business or any other business on Madonna Road
would make it more dangerous. She felt the service station should be
denied and the property owner should take the loss on not being able to
use the property due to his own poor planning. She hoped the City Council
would deny the permit.
Arthur Wirshup, 159 Foothill Boulevard, presented traffic counts on
Madonna Road and the interchange as of November 2, 1970. He stated the
traffic counts proved the heavy usage of not only Madonna Road but each
access and he urged the Council to deny the permit for this service
station.
Councilman Gurnee presented the statement made by D. F. Romero, City
Engineer, to the Planning Commission which stated that anything that
was built on this property under the provisions of the existing zoning
would generate higher traffic use. Therefore, he felt that in addition
to the existing traffic any commercial use of this property would add
to the congestion.
Paul W. Davis, attorney for Martinelli, stated that at no time had the
Planning Commission turned down the proposed station for this location
but had approved it three separate times. He continued that it was
turned down by the City Council each time by denying access over City -
owned property adjacent to the Madonna Inn access road. While he per-
sonally felt the City Council had no.right to make these denials, his
principal did not wish to pursue this.matter. He stated that after the
last denial by the.City Council for use of the City property; the Shell
Oil Company moved the service station driveways west to about 100 feet
from the intersection which was what the Planning Commission approved
with the existing use permit. At the time of this approval, the
Planning.Commission stated'that based on the Police Department and
City Engineer's statements that there were no major traffic conflicts
with the new approaches, they would approve the use permit. Mr. Davis
stated that under the zoning ordinances and normal property rights, the
property owner had the right to develop his property to its highest and
best use limited only by the conditions of the zoning ordinance.
City Councid Minutes
May 3, 1971
Page 7
Mr. Davis continued that h
owner could build anything
site conditions imposed by
nation. He concluded that
condition of the Municipal
the Planning Commission.
felt that under the R -C zone, the property
allowed by the code for the zone; subject to
the Planning Commission under the "s" desig-
the property owner had complied with every
Code plus additional conditions imposed by
' Don Benedict, Shell Oil Company, stated that he felt as long as the
property was properly zoned for a service station , it was the property
owner's right to develop it the way he wished. He felt that Shell Oil
Company had complied with every condition of the zoning and of the
Planning Commission Use Permit conditions.
Dr. Kre_isa, San Jose Court, stated he felt that all citizens had a stake
in this development of an additional service station in the community
and felt that they had the right to appeal to the Council asking that
this permit be denied.
Grant Davies, Pier 31 Imports, Madonna Plaza, stated that an average of
4500 cars per day entered Madonna Road Plaza.
Mayor Schwartz declared the public hearing closed.
D. F.'Romero, City Engineer, reviewed uses which could be permitted on this
property, pointing out that many of these could create traffic problems as
serious as those created by a.service station: He explained that in his
opinion, in order to deny the Use Permit on the basis of traffic, the
Council would have to find that service station useage would create more
hazardous traffic situations pointed out by the opponents and the Police
Department, explaining that the two -way left turn movement from the
freeway ramp to Madonna Road was a convenience movement, and if this did
create accidents, could be eliminated if the Division of Highways con-
' curved. However, he did not feel that this movement would create serious
problems. Mr. Romero discussed the 'U' turn movement near the main
entrance to the shopping center, explaining that the street width was
designed to permit any standard American car to make this movement,
pointing out, however, that the turn had to be carefully made. He ex-
plained plans for a future traffic signal at this location which would
eliminate ,a great deal . of the accident hazard. He stated that in his
opinion, the previous service station presentation which permitted an
exit to the Madonna Inn access road was superior from a traffic standpoint
but that the presentation presently before the Council was acceptable, and
in fact, created only a small fraction of the normal . traffic conflicts
created by a service station at an intersection. In conclusion, Mr. Romero
stated that in his opinion there was no valid reason to deny this service
station on the basis of traffic.
Councilman Blake felt that the Engineer was an excellent traffic expert and
Mr. Romero had stated he felt the service station development did not in-
crease the traffic more than any other type of business and in fact traffic
might be better in this station as it only had access from one street.
Councilman Graham agreed with the comments of the City Engineer and the
Police Chief that the traffic conflicts due to development would be less
than the original proposal using Madonna Inn access road and further he
did not feel there would be any more congestion for a service station
' than for any other development on this property. He could not now see
how the Council could deny the permit when the station had been moved
westerly from the intersection.
Councilman Brown felt that the City Council could turn this permit down on
the basis of traffic conflicts and.congestion and there was no question that
any development on this property would add to the traffic problems, but
based on the recommendations of the Police Chief and the City Engineer, he
felt the permit could'be allowed and further he hoped that one of the left
turn lanes from the off -ramp could be eliminated which he felt might reduce
the hazards.
City Council Minutes
May 3, 1971
Page 8
Mayor Schwartz felt the City was not now involved in a zone change but
was considering a use permit granted by the Planning Commission under
the provisions of the City zoning ordinance and that the only determin-
ation the Council could make was if the approved use permit was hazardous
to the public health, safety or welfare. He again listed the uses that
could be placed on this property with or without a use permit by the
City. He felt that the problem in this matter was the premature zoning
of this property without the required studies of traffic and access and
he felt that while the City was not wrong in not making the studies, he
agreed that the property owner had some rights even if the use was
questionable and he felt he would vote against the appeal.
On motion of Councilman Graham, seconded by Councilman Blake, that the
appeal be denied.
Motion passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
Kenneth E. Schwartz
NOES: None
ABSENT: T. Keith Gurnee
9:25 P. M. the Mayor called a recess.
9:35 P. M. the Council reconvened. Councilman Gurnee returned to the
Council table. All Council members were present.
6. S. Stornetta asked the City Council to reconsider its action of
April 19th in denying his requested rezoning from R -1 to R -H of property
located on South Higuera Street and Prado Road so that he could develop
a mobile home park. He felt that in all justice and fairness, the two
lots he owned should be rezoned to R -H per his request as the property
all around him was being developed to multiple uses and had been zoned
to R -H by the Planning Commission and City Council. He also felt that
the denial was based partially on the recommendation of the City Engineer
regarding the proximity of the inlet works to the sewer plant. He .felt
the City Engineer was wrong and that the sewer plant would not be
detrimental to any residential uses east of the works. He urged that
the City Council reconsider its action and grant R -H zoning so that he
could sell his land.
S. Stornetta continued that if the City Council did not rezone his
property then he asked the Council to buy his land and build a City
park for the enjoyment of the citizens of the communtiy.
The matter was referred to R. D. Young, Planning Director, to bring
this area to the attention of the planning consultant.
7. Communication from the Planning Commission stating they had reviewed
the proposal to annex an unincorporated area known as the Los Osos-
Foothill Annexation and it was the consideration of the Planning Commis-
sion that this would be a logical extension of the City and they
recommended that the City proceed with the annexation (1930 acres).
Communication from the League of Women Voters, signed by Mrs. E. W. Conner,
urging that.the City Council take no action at this time on the recommen-
dation of the Planning Commission until the Council had devoted a study
session and public hearing to consider the patterns of possible annexations
and until the consultants could . contribute their ideas regarding the
General Plan and related factors.
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City Council Minutes
May 3, 1971
Page 9
Bob Ba.rrows, 879 Meinecke Street, urged that-the City Council continue
this matter until they received the planning consultant's report.
Dr. Richard Kres.ia suggested that the property owners be informed that
a flood plain zoning would be initiated by the City to reduce flooding
problems.
Donald Q. Miller hoped that the Council would consider flood plain zon-
ing to protect Laguna Lake..
Ruth Wirshup, 159 Foothill Boulevard, stated she supported the request of
the League of Women Voters to postpone consideration of this annexation
until all studies being undertaken had been completed such as zoning,
General Plan and the water and sewer plan.
Bernard Rocka, Baywood Park resident; opposed the proposed annexation as
he -felt that the area should be kept as a rural development and not
developed further.
Kenneth L. Brooks, Foothill Boulevard, objected to the proposed annexation
as the residents of the area did not wish to be in the City and until the
City could offer an inducement for annexation, he did not feel they would
wish to come in.
Councilman Blake agreed with the delay until the full ramifications of
the proposal had been considered by the Council.
Councilman Gurnee felt the matter should be continued until full information
was available as to land use, zoning, sewer and water, etc.
On motion of Councilman Brown, seconded by Councilman Graham; the matter
was continued for receipt of further information from the Planning Con-
sultant and water and sewer engineers. Motion carried.
8. At this time the Council considered the final map of TRACT NO. 408,
(Ron Benzer), Cucaracha Court.
H. Johnson, City Attorney, stated all the City Council could do at this
time was to authorize the Mayor-to execute the agreement as presented
if they had no objection to its provisions, but could not accept the
final map as the developer was not going to file the required bonds to
guarantee compliance with the conditions of the subdivision agreement
and ordinances as he wished to put in the improvements without the
bonding requirements.
D. F. Romero, City Engineer, stated that the developer was not requesting
"approval of the final map" but merely approval of the Council that the
map being presented was acceptable and could be presented as a final map
when it was time to record: He then presented for the Council's consider-
ation the special conditions of the subdivision agreement:
1. Upon completion of the 10 -inch sewer line between Royal Way and
the connection at Los Osos Valley Road and Oceanaire, receipt of an
appropriate easement, a certified statement of cost, and acceptance
of the subdivision, the City will pay for the difference in cost be-
tween an 8 -inch and a 10 -inch line.
2. The Subdivider shall reimburse the City the sum; of $735 (21 lots
at $35 /lot) for a share of the excess capacity advanced in the sewer
trunk lines, lift station and force main serving the subdivision.
3. The Subdivider shall pay the sum of $1136.80.(3.248 net acres at
$350 /acre) connection charge to the City water system in accordance
with Section 7410.5.1 of the Municipal Code.
4. A fee of $1440 ($1 /foot of street frontage) for planting of street
trees.
5. It is mutually agreed that the grading permit fee will be deposited
with other subdivision inspection fees and that these fees will be
treated as normal subdivision inspection fees.
City Council Mintues
May 3, 1971
Page 10
Mr. Romero stated that the map was technically correct and recommended
that the City Council approve the map in order that the developer
might proceed with improvements knowing the map would be acceptable
for recording at a later date.
R. Benzer, developer, stated he hoped that the City Council would
approve the map . as presented so he could proceed with the installation
of the improvements. He stated the map would not be recorded until all
improvements had been put in and had been accepted by the City.
H. Johnson, City Attorney, again read the provisions of the Municipal
Code regarding Council approval of the final map for subdivisions.
Councilman Blake felt he would go along with the provisions of the
Municipal Code unless he could be shown why some exceptions should be
granted to the filing of this final map.
Councilman Brown agreed with the comments of the City Attorney but
would be willing to informally approve the final map of Tract 408.
R. Benzer stated that if the Council approved the agreement and the
map in principle, then he would move ahead with the development. He
asked the Council's indulgence regarding the condition for planting
street trees in a subdivision as he felt the existing conditions
were out of line. He stated he would plant the trees at a savings
which he felt could be passed on to the buyers of the lots. He then
presented a letter to the City Council asking for reconsideration of
the tree requirements in the Municipal'Code.
W. Flory, Parks $ Recreation Director, reported to the City Council on
the reasoning for the Tree Committee's recommendations in assessing
the front footage cost for tree planting.
On motion of Councilman Blake, seconded by Councilman Graham, that the
City Council approve the subdivision agreement for Tract 408 and
authorize the Mayor to sign the agreement on behalf of the City, and
also to accept the map in principle. Motion carried.
8A. Council consideration of the acceptance of public improvements
in Tract No. 393 (Ron Benzer, Lynn Development) was continued.
9. Communication from the City Attorney regarding Federal Flood
Insurance was continued to the study session of August 1971.
10. Communication from the City of Santa Barbara forwarding a reso-
lution opposing Senate Bill 333 and asking that the City Council of
San Luis Obispo go on record . with the same opposition.
Sgt. Noel Carmack stated he and the other police officers were in favor
of the adoption of S.B. 333 which would impose compulsory and binding
arbitration on the cities of California. He also stated the PORAC was
supporting it in the State Legislature and he.-asked that the City Council
of San Luis Obispo approve the concept of.compulsory and binding arbi-
tration for the employees of the City. He felt it was a good legislation
and would be good for the City.
Don Sy.lv.ia, Firemen's Association, spoke in favor and support of Senate
Bill 333. He felt this was good legislation for the cities. He felt
that compulsory and binding arbitration was .a good way to resolve any
impasse between the public employees and their employer. He felt this
was a good law and should be adopted for the protection of the police-
men and firemen who are now unable to strike under provisions of State
Law.
City Counci -I Minutes
May 3, 1971
Page 11
R. D. Miller, Administrative Officer, made the following comments on
Senate Bill 333: "Progress had been made by employees under the M.M.B.
Act. Compulsory arbitration would place the final decision on many
matters involving City expenditures in the hands of persons other than
those responsible to the citizens of San Luis Obispo ".
' Tom Smith, Manager of the County Employees Association, spoke in support
of Senate Bill 333 which he felt was needed to protect public employees
involved in difficult negotiations with their employers. He .felt it was
the only way a public employee could get help when he had no right to
strike.
H. Johnson, City Attorney, had the following comments on Senate Bill 333:
"The compulsory feature of the bill is the obvious flaw in the legislation.
While the City's present employee relations resolution would permit the
parties to resort to arbitration if the parties wished to use this method
to resolve a dispute, the final decision to follow this approach would
have to be approved by both parties. A bill which required compulsory
arbitration of all disputes would practically insure that no year would
pass without the necessity of arbitration since the public entities would
feel that any proposed increase would only form a new floor for the
arbitrator to base his decision on. Furthermore, it would place the final
decision on this important fiscal matter in the hands of one not selected
by the voters."
Councilman Blake felt that the Policemen and Firemen"s Associations should
support Senate Bill 333 if they felt it was right and to their advantage.
He felt that the City and all other cities in California must oppose
Senate Bill 333 on the basis of the taxpayers who put them in office. He
continued that the major opposition to S.B. 333 was that it took from the
hands of the elected officials of the cities and counties of California
the right to determine the amount of money that could be paid to their own
employees and turned it over to a third parth who had neither responsibility
to the voters and taxpayers and in most cases not even a resident of
California.
Councilman Graham stated he agreed with Councilman Blake and felt the City
should oppose S: B. 333 on behalf of the citizens of the City.
Councilman Brown felt that compulsory arbitration might not be a bad'
idea but,that his only experience had been in private industry with
guarantees of no work stoppage to vital industries but he would like to
study the City's problem before commenting for or against its impact on
the taxpayer.
Mayor Schwartz stated that he agreed with Councilman Blake in opposing
S. B. 333 on behalf of the taxpayers and citizens of the City. He continued
he would oppose any interference from outside - the -city groups from workers
who would disrupt the work in the City. He continued that the Meyer - Milias
Brown Act established rules and regulations-for public employees and
employers which had only been in effect for two years and he did not under-
stand why it could not be allowed a few years to see. if it worked before
it was emasculated by further legislation.
On motion of Councilman Blake, seconded by Councilman Graham, that the
City Council resubmit opposition to Senate Bill 333 and notify -the City
of Santa Barbara of the action. Motion carried.
11. Communication from Evelle J. Younger, State. Attorney General, for -
warding thirteen legislative proposals . from his office on various
activities ; and. asking ;Council endorsement of his proposa.l.s.
The City Council felt that the thirteen proposals ran a wide-gamut of
various types of regulation. The matter was received and filed with each
Councilman to take whatever individual action he wished on the.request.
City Council Minutes
May 3, 1971 .
Page 12
1.2. Communication from Californians for Revenue Sharing urging that the
City.of San Luis Obispo adopt a resolution favoring the concept of revenue
sharing by the U. S. government.
On motion of Councilman Blake, seconded by Councilman Graham, the follow-
ing resolution was introduced once again endorsing revenue sharing,
RESOLUTION NO. 2189, a resolution endorsing the basic principle of the
Federal Government sharing its taxes with State and Local governments.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
13. Communication from the Promotional Coordinating Committee, recom-
mending that the City Council allocate $2000 from the City's promotional
fund to the 1971 La Fiesta to defray the cost of non - revenue items planned
for the La Fiesta Celebration such as the parade, kiddie parade, street
banners, advertising, and the expense of the opening ceremonies.
The Promotional Coordinating Committee recommended that these funds be al-
located on the basis that the non- revenue items were items of general
enjoyment for the citizens of the community which helped them enjoy the
La Fiesta.
Councilman Graham moved that the City accept the recommendation of the
Promotional Coordinating Committee. Motion lost for lack of a second.
Councilman Blake moved that the City Council allocate $1500 to La Fiesta
with invoices to be submitted to the City prior to payment. Motion died
for lack of a second.
R. D. Miller, Administrative.Officer, reported on the City's past exper-
ience with La Fiesta. For several years the City had agreed to under-
write deficits up to a certain limit. Last year the City had lowered
former guarantees to $1500 but agreed to pay this amount whether needed
or not and without itemized invoice.
On motion of Mayor Schwartz, seconded by Councilman Blake, that the City
Council.,grant $2000 to be spent on non - revenue items with payment to be
made by the City with invoices presented to the City by the La Fiesta
Association. Motion carried.
14. Report of the City Engineer regarding the Preliminary Interim Water
Quality Management Plan Summary prepared by the local Regional Water
Quality Control Board.
D. F. Romero, City Engineer, briefed the effect of this report on the
City of San Luis Obispo and stated that he and other public works direc-
tors would be meeting when the matters were considered by the Water
Quality Control Board on May 5, 1971.
Mr. Romero explained that the voluminous report of the Water Quality
Control Board had been received April 23, and that conditions for future
development of San Luis Obispo contained provisions which he felt would
preclude the City from considering an ocean'outfall and preclude the
City from discharging into the natural stream or into Laguna Lake under
any conditions. He explained that the conditions were written with such
generalized terminology and restrictive requirements, that the City might
well be forced into containing all sewage effluent on its own land,
despite a requirement for tertiary treatment, which in effect, would
reclaim the water.
City Council Minutes
May 3, 1971
Page 13
Mr. Romero pointed out inconsistencies between the Board requirements for
San Ldis Obispo and other communities with like conditions of discharge.
He stated that the implications of these requirements might call for
substantial increases in sewer rates and large capital outlays on the
part of the City in general in order to comply. He stresses that deter-
minations made by this Board could have a major effect on the City.
Capital Improvement Program for many years in the future.
The City Engineer was authorized to make;a presentation on behalf of the
City of San Luis Obispo based on his written and verbal report presented
at this meeting.
15. D. F. Romero, City Engineer, presented plans and specifications for
the widening of Higuera Street in front of Boise Cascade (Elliott)
Development fora mobile home park. He presented the maps showing the
scope of the work and the amount of street widening involved. He stated
that the estimated cost to the City would be $6,000.
On motion of Councilman
and specifications were
to advertise for bids.
16. Communication from
allow a second driveway
Street. The purpose wa
the lot.
Blake, seconded by Councilman Graham, the plans
approved and the City Engineer was authorized
Motion carried.
Earle Murie, 1778 Alrita, asking a variance to
ramp to serve Lot 2, Block B, Tract 132 on Alrita
s to serve a. second development on the front of
D. F. Romero, City Engineer, stated he had no objection to the request
but that only the City Council could grant the variance.
On motion of Councilman Blake, seconded by Councilman Graham, the
request of Earle Murie was approved. Motion carried.
17. The City Council received a request from the American Legion
Auxiliary, Unit 66, for permission to sell poppies on May 21 and 22,
1971 in downtown San Luis Obispo.
On motion of Councilman Graham, seconded by Councilman Brown, the
request was granted. Motion carried.
18. On motion of Councilman Gurnee, seconded by Councilman Brown, the
meeting adjourned to Monday, May 10, 1971 at 7:30 P. M. Motion carried.
APPROVED:_ June 7, 1971
ZPATRICK, CITY CLERK