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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 1 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 Y P 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. 1 1 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