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HomeMy WebLinkAbout06/07/1971Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA June 7, 1971 - 7:00 P.M. City Hall Present: Emmons Blake,.John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Young, Planning Director; W. Flory, Park and Recreation Supervisor; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; L. Schlobohm, Fire Chief; E. L. Rodgers, Police Chief; E. P. Thompson, Water Director. C -1. Council authorized payment of claims against the City subject to the approval of the Administrative Officer. C -2: Omit C -3. Council approved the minutes of May 3, 10, 11, 14, 17, 21 & 24, 1971. C -4. The City Council received and filed a communication from La Fiesta thanking the City Council for its cooperation in helping to stage the event. C -5. The City Council received a progress report from Lampman and Associates on the TOPICS Program. C -6. On motion of Councilman Blake, seconded by Councilman Brown, the following resolution was introduced. RESOLUTION NO. 2195, a resolution increasing the 1970 -71 Budget (Deeter Inspection Fees). 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 C -7. The City Clerk reported the following bids had been received on the Restoration of the Murray Adobe. Bids were open June 7, 1971 at 2:00 P.M. Walter J. Schmid $18,409.00 Los Osos L. R. Sullivan Construction $19,597:00 San Luis Obispo OK Industries $32,874.00 Santa Barbara The Council requested that the Planning and Building staff, the architect, the Council subcommittee and representatives of the Historical Society meet with the low bidder to see if the bid could be changed and reduced. C -8. The City Clerk reported the following bids were received for South Higuera Street Widening, City Plan 22 -71. Bids opened June 7, 1971 at 2:OO P. M. 1 1 1 City Council Minutes June 7, 1971 Page 2 C. Sanchez & Son, Inc. $5,838.00 1230 Mission Drive Solvang, CA 93463 Madonna Construction Co. 6,048.00 P. 0. Box 910 San Luis Obispo, CA M. J. Hermreck,.Inc. 60442.80 P. 0. Box 217 Nipomo, CA 93444 A. J. Diani Construction Co. 6,594.00 P. 0. Box 636 Santa Maria, CA 93454 Wesley G. Watkins 7,543.20. P. 0. Box 2007 Paso Robles, CA 93446 R. Burke Corporation 7,694.40 P. 0. Box 957 San Luis Obispo, CA Walter Brothers Construction 7,711.20. P: 0. Box 809 San Luis Obispo, CA CONCO 7,896.00 3045 Johnson Avenue ' San Luis Obispo, CA The contract was awarded to the low bidder, C. Sanchez & Son, Inc. of Solvang, California. C -9. The City Council received a communication from the Park and Recreation Commission regarding the "Box Car" Project at Mitchell Park which has not been completed. They asked that the project be completed or the box car be removed prior to the start of the 1971 summer season. The City Council concurred with the recommendation but set a deadline of August 30, 1971 for completion of the project. C -10. The City Council received a list of qualified candidates for the five - member Board of Appeals for the Uniform Fire Code from the Fire Department and agreed to study the recommendation. C -11. The Council considered a suggested ordinance for regulating con- duct in public parks and referred it to the Park and Recreation Commission for further study. C -12. The City Council received a progress report from Simon Eisner and Associates and approved the first billing of $1,180 for the general plan study. C -13. The City Council approved the following contract payments and change order: OK Industries Est. #2 $22,320.00 Mission Plaza, Phase II Steiny and Company Est. #1 $16,572.60 Traffic Signal Higuera and Madonna City Council Minutes June 7, 1971 Page 3 Steiny and Company Traffic Signal Higuera and Madonna Steiny and Company Traffic Signal Higuera and Madonna Est. #2 Final Change Order $ 1,841.40 $ 50.00 On motion of Councilman Blake, seconded by Councilman Brown, the consent items were approved as indicated. Motion carried. 1. At this time, the City Council considered the final.passage of ORDINANCE NO. 521, an ordinance adopting the 1970 Uniform Building Code. 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 Councilman Gurnee, the follow- ing ordinance was introduced for final passage. ORDINANCE NO..521, an ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, sanitation, plumbing and maintenance of buildings or structures, including excavation, grading and earthwork, in the City of San Luis Obispo, State of California, providing for the .issuance of permits and collection of fees therefor, declaring fire districts, providing penalties for the violation thereof, and repealing all or- dinances and parts of ordinances in conflict therewith. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 2. At this time, the City Council considered the final passage of ORDINANCE NO. 522, an ordinance creating Underground Utility District No. 6. 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 Councilman Brown, the follow- ing ordinance was introduced for final passage. ORDINANCE NO. 522, an ordinance amending Chapter 4 — Underground Utilities to create Underground Utility District No. 6. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 1 1 1 City Council Minutes June 7, 1971 Page 4 3. At this time, the City Council considered the final passage of ORDINANCE NO. 523, an ordinance rezoning property north of Ruth Street on Iris, George and Ella Streets from R1 to R2. 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 Brown, seconded by Councilman Graham, the follow- ing ordinance was introduced for final passage. ORDINANCE NO..523, an ordinance amending the Official Zone Map of the City of San Luis Obispo (to rezone property north of Ruth Street on Iris, George and Ella Streets from R -1 to R -2). Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 4. The.City Council discussed the following recommendation of the Human Relations Commission: "that the City Council instruct the Chief of Police to make it part of his standard operating procedure that whenever he has - advanced knowledge of any public demonstration or civil disturbance, he ' request in advance, one or more members of the Human Relations Commission to monitor ". Mrs. Ruth Wirshup, member of the Commission, presented the following statement prepared by the members.of the'Human Relations Commission exe- cutive committee in answer to what was said by the City Council at the last meeting: "We would like to point out that we were impressed with Mr. Brown's and Mr. Gurnee's interpretation of our intentions as indicated in the motion passed. This Commission's interest in Police- Community relations is not new. On October 25, 1965, the Commission, at the suggestion of its Chairman, the late Bill Schofield, then Chief of Police, directed a letter to the City Council recommending that the Council re- establish the Police Advisory. Board. The Chief saw this as an aid to bridging the gap between youth, adults, and law enforcement. This request was negated by the Council. Over the past six.years members of this:Commission have, at the request of the Police Chief or the Mayor, assisted in a variety of problem situations. These were individual matters and were not officially referred to the Commission.. During these years we frequently discussed the merrits of a Police Advisory Board or the possibility of the Commission sitting as such a Board. The last discussion of this was in 1969. In September 1970, we directed a second letter to the City Council re- questing that we be advised of pending parades, gatherings, demonstrations, etc. We support the theory that crisis situations are best negotiated before the fact rather than loudly lamented should they occur. City Council Minutes June 7, 1971 Page 5 We were never advised as to the disposition of this letter. Our intention, then as now, is simply to support Community efforts to keep the peace. The high level of cooperation and communication be- tween the Human Relation Commission chairmen and the senior Police officers affirms this intention. Our Chairman, in a third letter, suggested that we be pre- advised of potentially controversial events and that we be assigned as Monitors.' Monitors have been accepted everywhere from Washington D. C. to Cal Poly. They have proven a stabilizing influence in keeping the situation cooled. May I point out to you that this Commission, appointed by previous City Councils is not radical, subersive or anti - police. Neither are we par- ticularly naive. We are concerned citizens who are not looking for trouble, only trying to prevent it.wherever possible. We are all rather respectable people: a family counselor, a minister, a realtor, an administrative staff member of the State Correctional Facility, the owner of a local medical laboratory, an elementary school principal, two attorneys and three housewives. We believe that orderly parades and rallies are possible, just as we believe that they will continue to be held. We also feel that there are ways to keep such demonstrations orderly other than only by. the use of riot trained, armed and helmeted lawmen. One final note- -there may be another reason for monitors. Members of our Commission were told on May 5th that participants had confused Richie Vaughn of the Sherrif's office with our own Chief of Police,. I Erv. Rodgers." The City Council then discussed with Mrs. Wirshup the ways in which the Human Relations Commission could act in periods of disturbances. Mrs. Wirshup stated that the Human Relations Commission could act as observers of an activity or parade rather than as a monitor or as a part of the activity or disturbance. 'She felt that the Human Relations Com- mission had a responsibility to the community to see what was happening as it occurred so they could act impartially on any dangerous activity within the community. H. Johnson, City Attorney, commented on the definition of a monitor, pointing out that some communities require those holding a parade to supply their own, and explained the City's potential liability of the Human Relations Commissioners were assigned as observers to distur- bances, etc. Councilman Gurnee stated he supported the request of the Human Relations Commission as he felt that their presence might help keep the lid on a disturbance and keep things from getting out of hand. Councilman Brown felt the Human Relations Commission could be an asset to the City prior to any action or disturbance but felt.that once the dis- turbance started they should step aside and observe the action and let the police handle the protection of life and property. Councilman.Graham felt the Human Relations Commission should act only as observers to any public disturbance which wbuld.be help in their later investigation of complaints. Councilman Blake was opposed to any quasi - Official board or commission acting for the City during a public disturbance and recommended that the City Council not recognize the Human Relations Commission as monitors, observers or as a police grievance board. City Council Minutes June 7, 1971 Page 6 E. L. Rodgers, Police Chief, explained the difference between a lawful demonstration and a riot and then reviewed past performance during parades, etc. Mrs. Wirshup felt the community in etc. Donald Q. Miller, Commission should should be used by Establishment. that the Human Relations Commission could well serve nonitoring or observing future parades, demonstrations, 2324 Johnson Avenue, felt that the Human Relations become involved with the youth of the community and the City as a buffer between the youth and the Bob Barrows, 890 Meinecke Street, felt that some citizens' group should act as observers at all demonstrations and further should be available to review what was happening between the citizens and the police. Mayor Schwartz felt that each citizen and group had the right to demon- strate or parade on behalf of their feelings but did not agree with the principle of monitors invited by the City to attend these activities as a semi - official body. He felt that the Police Department should be allowed to do their job without interference, notwithstanding the above statement, he felt the Human Relations Commission was doing an excellent job for the community and felt they were very effective in keeping the lid on potential problems. Councilman Gurnee moved that the Police Chief be instructed to notify the Human Relations Commission of any impending activity or gathering and that the City Council direct the Human Relations Commission to act as official observers to these activities. Motion died for lack of a second. ' On motion of Councilman Blake, seconded by Mayor Schwartz, that the City Council decline to accept the offer of the Human Relations Commission to act as monitors or observers at any activity or anticipated civil dis- turbance. Motion carried with Councilmen Graham and Gurnee voting no.. 5. Omitted from the agenda. 6. The City Council considered a communication from the Chamber of Commerce Ecology Committee expanding on their recommendation that a person be hired by the City to protect the environment. It was the committee's feeling that while it was true there were many state laws to protect creeks and open space, there was no one locally who was res- ponsible for enforcing them except on a hit or miss basis. The committee felt that the City Council should enact adequate ordinances and staff a proper department to investigate and make cases on violations to the environment. Mayor Schwartz presented a letter he submitted in answer to the Chamber of Commerce Ecology Committee's request, explaining the City Council's position on ecology and plans by the City to move slowly into this area with City staff. Bob Barrows stated that he was in support of the request of the Ecology ' Committee for additional staff members to be added to the Planning Depart- ment to enforce environmental laws, etc. He also felt that the City should add police officers to the City staff as there was a great need for this protection. R. D. Miller, Administrative Officer, explained the 1971 /72 proposals for the assignment of a staff member in the Planning Department to supervise use permits, variances and other zoning matters including violations to the environment. City Council Minutes June 7, 1971 Page 7 R. D. Young, Planning Director, felt that the proposal of the Administrative Officer was inadequate and would not do the job proposed as his staff should be augmented by a zoning administrator and additional staff as the work load kept building up daily. H. Johnson, City Attorney, explained enforcement problems involved in en- vironmental violations by enforcing state laws. The communication from the Ecology Committee was ordered received and filed. 7. Communication from the Citizens Advisory Committee forwarding a recom- mendation for the installation of bicycle routes in the City. The ad hoc subcommittee reported as follows: Upon completion of our studies we recommend to the City Council approve and implement the included plan for bicycle routes. 2. We recommend an enforced mandatory licensing of all bicycles.within the City; with a yearly fee of $2.00 and require an annual inspection for safety and ownership. .Failure to.register bicycles would result in penalties of $1.00 plus the license. 3. We recommend that the local police department continue to work jointly with schools, civic groups, and the media to promote bicycle safety. 4. We recommend study and removal of all road hazards dangerous to . bicyclists (i.e. storm sewer inlet grates, drive aprons, rough shoulders.) 5. We recommend eventual bicycle lanes•on streets with heavy bicycle traffic, road width permitting. Where new roads are being con- structed and developments planned, we recommend that the City Engineer and the Planning Department suggest the inclusion of bike lanes within the planning, until legislation can be passed to require such. 6. We recommend the City establish lockable bicycle racks in areas where bicycles are normally parked within the City. 7. We recommend a continued study by the City as to possible recreational bicycle routes and paths, and an implementation of such as part of their total recreational planning. Paul Tuttle, member of the ad hoc committee, presented for the Council's information the results of the study by the committee on the number of bicycles in the City „ where the cyclists wished to ride, the times they wished to ride, etc. Based on this data, the ad hoc committee then-made their recommendations as to routes, signing, etc. He continued that not including the high school or Laguna Junior High, the survey showed there were 11,420 bicycles in the City at the time of the study. The study also showed that most of the bicycle riders used their bikes to go to school, to the store, and to visit. Very few bicycles were used prim- arily for recreation. Ray Deutsch, committee member, stated that the ad hoc committee felt that the recommendations and proposals being presented were for preliminary bicycle routes and signing, with the hope that at some time in the future, full -scale bike lanes would be developed. He then presented cost estimates for signs and pavement markings for initial development. The Committee felt that the installations and manufacture of 66 signs and 360 pavement markers could be done for an estimated $2,369. He continued that the signs, materials and installation could be done by the students within the proposed budget. 'He asked that the City. Council at this time adopt the suggested routes, install the signs and markers and increase bicycle license fees in the City. 1 1 City Council Minutes June 7, 1971 Page 8 Mayor.Schwartz suggested-that the ad hoc committee meet with the Traffic Committee and the Planning Commission for recommendation to the City. Council for implementation. On motion of Mayor Schwartz, seconded by Councilman Brown, that the City Council accept the report of the ad hoc committee for bicycle routes and (1) direct the Planning Commission to study the proposal and hold public hearings for the establishment of bicycle routes as suggested; (2) that the Design Review Board be asked to check the signs proposed and present a recommendation to the City Council; (3) the Traffic Committee imple- ment the Planning Commission's recommendation with final consideration by the City Council. Motion carried. 8. Communication from the Promotional Coordinating Committee recommend- ing that the City Council grant the Mozart Festival Association $900 from the 1970/71 promotional budget. The Committee made the recommendation for the current budget because the event was scheduled for August and the Association should know if funds would be available to support the program. The Mozart Festival Association requested $550 from the City but the Committee felt that the additional $350 should be granted in order for the Festival to get off the ground if.no public support was available. Clifton Swanson, director, appeared before the City Council to answer any questions.which the Council might have and stated the Association could use the $900 recommended by the-Promotional Coordinating Committee and were very encouraged by this support. However, the Association felt that they would be most pleased with the original $550 requested. Dr. J. Jorgensen, president of the Association, stated that on behalf of the Association that the City Council.grant.only $550 as requested with the hope that the Promotional Coordinating Committee would help with future promotion of the event. On motion of Councilman Blake, seconded by Councilman Gurnee, that the City Council appropriate $550 from the 1970/71 Budget for the Mozart Festival Association.. Motion carried with Councilman Graham abstaining as he is a member of the Board'of Directors of the Festival Association. 9. At this time, the City Council held a public hearing on the recom- mendation of the Planning Commission to prezone 13.55 acres between Fairway Drive extended and Quail.Drive extended from U (unclassified use) to R -1. R. D. Young, . Planning Director,.presented the recommendation of the Planning Commission as follows: 1. The subject property is approximately 15 acres in area and is presently zoned U (unclassified). A tentative subdivision map for 60 lots has been approved. Under present densities this represents approximately 200 persons. 2. The General Plan proposed low density residential. uses for this area. 3. It is the opinion of the Commission that the application of R -1 zoning would be in accordance with the recommendations of the General Plan. ' Mayor Schwartz declared the public hearing open. No one appeared for or.against the rezoning.. Mayor Schwartz declared the public hearing closed. City Council Minutes June 7, 1971 Page 9 On motion of Councilman Blake,.seconded.by.Councilman Graham, the follow- ing ordinance was passed T-0-print * ORDINANCE NO. 526, an ordinance amending the Official Zone Map of the City of San Luis Obispo. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 10. At this time the City.Counci.l held a public hearing on the recommen- dation of the Planning Commission to amend Phase I of the preliminary planned development for French Hospital on Johnson Avenue. The amendment consisted of a change in the configuration of the building with modifications to the exterior and rearrangement of the parking spaces. The number of beds would be reduced to 138, the parking.spaces would be reduced to 389 and the access driveways into Johnson Avenue would be reduced from two.to one. R. D. Young, Planning�'.Director, presented sketches of the preliminary planned development for the Council's consideration. Mayor Schwartz, declared the public hearing open. Charles French, attorney for the development, stated he would-be available to answer any.questions the City Coundil.might:have. No one appeared for or against the proposed amendments. Mayor Schwartz declared the public hearing closed. Mayor.Schwartz asked the Planning Director if the precise.preliminary plan of the original planned development showed the topography before grading and after importation of fill due to the comments about moving earth from Terrace Hill to the site. Councilman.Blake did not feel that where the fill came from was of any importance to the Council on this particular planned development as it was only the preliminary plan and not the precise development plan. R. D. Young, Planning Director, stated that a grading plan for a planned development was not submitted to the City Council unless the City Engineer felt it was an important element of the.planned development. D. F. Romero, City Engineer, explained the proposed grading problems for this site. Bob Williams, engineer for the French Hospital development, explained the proposal for grading the French Hospital site for building and to accommodate the parking. The City Council then discussed with Bob Williams the.final topography and grading for the proposed site. R. D. Young, Planning Director; explained that due to a typing error on the Planning Commission documents sent to-the Council, the consideration before the Council this evening was an amendment to the preliminary planned development Phase I only and not the precise plan. 1 1 City Council Minutes June 7, 1971 Page 10 On motion of Councilman Blake, seconded by Councilman Graham, the following resolution.was introduced. RESOLUTION NO. 2196, a resolution accepting the revisions to Phase I of.the preliminary.-planned development for French Hospital on Johnson Avenue. 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 11. At this time the City Council.held a public hearing on the recommendation of the Planning Commission to rezone Lot 89 of the San Luis Obispo Suburban Tract from M -R A4 to M AH. R. Younq;'Planning Director,'presented the recommendation of.the.Planning Commission. 1. The subject property consists of approximately 4.8 acres and is: bounded on the north by a C -H District, on the east by M, on.the south and west by County agriculture. 2. The property is developed.with heavy commercial uses. .Surround.ing property is lightly developed. 3. The General Plan proposes manufacturing for this portion of.Broad Street. The Commission was of the opinion this rezoning will bring the property into conformance with the General Plan. Mayor Schwartz declared the public hearing open. Dorothea Riebel, property owner,.asked what was proposed use.of the lot being rezoned. Mayor Schwartz read from the ordinance as to what would be allowed in the M zone, and noted that no plans for development had been presented. No one.appeared against the rezoning.. Mayor Schwartz declared the public hearing closed. Mayor Schwartz felt that after reviewing.the General Plan he could not support the recommendation and could not understand why the Planning Commission made the recommendation for.the rezoning. Councilman Brown agreed that the.Genera.I.Plan should be followed in re -.. zoning and he too did not support the recommendation.' Councilman Blake felt that due to-the study being made by the planning consultant, this matter should be denied until the first general. plan report has been reviewed by the City Council. On motion of Mayor Schwartz, seconded b.y Councilman Gurnee, that the recommendation of the Planning Commission be continued. Motibn.carried with Councilman-Blake voting no. . 10:10 P. M. Mayor Schwartz called a recess. 10:25 P. M. The meeting reconvened with all-Council members present. ITEM X. Communication from the.Leaque of Women Voters notifying the City Council that the matter of the proposed grading of Terrace Hill should be considered by the City Council at a public hearing so that the citizens of the community would have an opportunity to make their feelings known on this matter.' City Council Minutes June 7, 1971 Page 11 Communication from Mrs. Alvin Rhodes asking that the City Council hold a hearing on the proposal to remove 10 feet from the top of Terrace Hill. Petition signed by seven residents of the San Mateo -San Carlos - Helena Street area opposing any attempts to lower Terrace Hill by the removal of fill dirt and they hoped that the City Council would hold a public hear- ing before the City Engineer issued a permit. D. F. Romero, City Engineer, explained the proposal of the French Hospital to take fill dirt from Terrace Hill for the new hospital site. Councilman Graham felt that Terrace Hill should not be further lowered by quarrying or removal of fill. He hoped the hospital could get fill from another area and not further destroy this historical area of the city. Councilman Brown felt it was a prominent feature of the terrain and the City Council should hold a public hearing before allowing further removal of fill dirt. Councilman Gurnee was opposed to.further quarrying of Terrace Hill on an historical basis. Councilman Blake felt the Council was in a panic. This property had no historical value and had been used for a quarry site for many years. Bob Williams, engineer for French.Hospital, stated that this.property was an active quarry site and had been used to haul rock to the County Hospital site in recent years. D. F. Romero, City Engineer, explained the conditions he would establish before any permit were issued by his office. H. Johnson, City Attorney, explained that no land carrying permit existed for this property regardless of the past history and that if a grading permit was applied for, it must meet the conditions.of the Municipal Code, section 9200. Charles French, attorney, stated that due to the change in plans for the new hospital that great amounts of fill would be needed and as they owned. Terrace Hill, they felt it would be a logical plan to haul the fill from one piece of their property to another. He continued that after the earth had been removed, the hill would be reshaped and single family homes would be developed on the hill. Councilman Gurnee stated he could not believe that the City Council would allow a developer to again lower Terrace Hill by ten feet by removing fill dirt. He felt it was the citizens' decision to leave the hill as it now existed. Councilman Brown stated there was no question on the right of the developer to use Terrace Hill for R -1 development and that as.long as he developed within the boundaries with a permit to remove dirt around. He felt the problem.here was not a development on the site but was a problem of re- moval of dirt to an entirely different.location. Bob Williams, engineer, again stated that he objected to the panic cry by the City Council and citizens of the City, as all that was planned by the property owner was to clean up the slide area on Terrace Hill and move dirt from the slide to the other site. He objected to the story in the Telegram Tribune which did not give all the facts of the proposal. Mayor Schwartz felt that due to the publicity of this matter and the mis- understandings that could result, a use permit should be applied for and issued after a public hearing was held on the matter. 0 1 1 ILL City Council Minutes June 7, 1971 Page 12 On motion of Councilman Blake, seconded.by Councilman Brown, the City . Engineer was instructed not to issue a grading permit without reviewing the matter first with the City Council. Motion carried. 12. Communication from Madonna Construction regarding the request of - Dr. Aryan Roest to use a portion of their grazing lease for a wildlife display area and asking for clarification of the clause of the lease which prohibits Madonna Construction from subleasing the land. The request was referred to the City Attorney for clarification and preparation of an agreement if required. 13. Communication from Councilman Gurnee urging the Council to oppose large agricultural Preserves such as the p.roposed Shandon preserve on the basis that this was a shift of taxes from the large properties to the urban taxpayers. Councilman Gurnee stated that after submitting his :letter to the City Council, he had spent the weekend studying ag preserves in general and the Williamson Act in particular. He .stated he had a change in heart in that he did not feel that the Shandon preserve would affect urban property to any extent as the property is presently assessed for agriculture purposes and would continue to be so assessed. Although he now urged that the City Council not oppose the Shandon preserve, he hoped that the City. Council would continue to look-at the entire- theoryLof ,agricul;ture`preserves. and their effect on the county. He hoped that other facets of the Williamson Act and other open space acts would be'enacted by the Supervisors in order to protect the open space in .the::county. The City-Council discussed the developed under the Williamson space in and around developed Councilman Gurnee to continue submit a report to the Council philosophy of agriculture preserves as Act and other acts which would.protect open communities. The City Council asked his study of open space problems and to for consideration. 14. Progress report on the Meadow Park development was continued on the request of the Planning Director. 15. Communication.from the City Attorney concerning parcels of real property owned by the City which are surplus to the present and antici- pated needs of the City particularly five (5) parcels adjacent to the extension of Highland Drive. He suggested that the five parcels be advertised for public auction on the condition that only adjacent property owners would be able to bid on the property and they would not be sold as separate parcels. He also submitted documents authorizing exchange of property on South'Higuera Street between.Armrel Beechem and the City of San Luis Obispo. The City would grant Beecham a small parcel of.sewer.farm land in exchange for land needed for street widening. Beechem would pay the difference in value between-the City property and the street widening property,. D. F: Romero, City Engineer, suggested that parcel 1 on Highland Drive be split into a 10 ft. and a 20 ft. wide parcel to meet the desires of the residents. There was a general concurrence from the Council. On motion of Councilman Blake, seconded by.Councilman Graham, the City Council accepted the recommendation of the City Attorney to sell the parcels of land. The Highland Drive minimum bid to include the cost of all street paving on the south side of the street. 15B. On motion of Councilman Gurnee, seconded by Councilman Graham, the City.Council Minutes June 7, 1971 Page 13 following ordinance was introduced. ORDINANCE NO. 524,: an ordinance ex- changing-property with Armrel Beecham. Passed to print on 'the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham,. T. Keith Gurnee, Kenneth E. Schwartz . NOES: None ABSENT: None 16. The City Engineer requested that the City Council determine whether telephone and cable television facilities were to be considered as basic . utilities within new subdivisions and should be required to be installed along with the gas, electricity, water and sewer facilities. D. F. Romero pointed out problems and expense involved if these utilities were not installed at the'time of initial subdivision construction.• Councilman Brown declared there might be a conflict of interest and left the CouneII table. Councilman Blake stated he objected to the inclusion of cable TV as a re- quired utility but stated he would support a proposal that the duct work be laid.for future cable television. Mayor Schwartz disagreed with Councilman.Blake stating he felt that the City was attempting to place all utilities underground and that the cable TV was a service much in demand and should be installed by the developers at-the time.other utilities went underground. In this way, the minor charge per property would be spread at the time the developer was putting in everything else. On motion of Councilman Blake, seconded by Councilman Graham, the follow- ing resolution was introduced. (Telephone) RESOLUTION NO. 2200, a resolution stating that it is the Counci.:l's intention to require under- ground service for telephone for all lots in new subdivisions. Passed and adopted on the following roll call vote: AYES: .Emmons Blake, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None: ABSENT: John C. Brown Councilman Brown returned to the Council table. On motion of Councilman Blake, seconded by Mayor Schwartz, the.following: resolution was introduced. (Cable TV) RESOLUTION'NO. 2201, a.resolution stating that it is the Council's intention to require underground utility service for cable TV for all lots in new subdivisions. Passed and adopted on the following 'roll call vote: AYES: Emmons Blake, Myron Graham, John C. Brown, T. Kei.th.Gurnee, Kenneth E. Schwartz 17. D. F. Romero, City Engineer, presented for the Council's consideration plans and specifications for paving asphalt blanket coats on various streets in the City as approved in the 1971/72 Budget. He continued that the estimated cost of the project would be $36,600.00 He. then explained the scope of the improvement on each street. City Council Minutes June 7, 1971 Page 14 On motion of Councilman Blake, seconded by Councilman Graham, plans and specifications for the blanket coats were approved and the City Engineer was authorized to call for bids. Motion carried. 18. Traffic Committee Report of May 18,1971 71 -6 -1T. A hazardous condition has been called to the attention of the Traffic Committee at the intersection of Breck and Johnson for eastbound motorists on Breck. This condition will be even more aggravated when the new apartments on the hilltop are completed. We feel that visibility would be greatly enhanced if red curbing were authorized from the inter- section running in a northerly direction along the west side of Johnson to meet the existing red zone at the curve in front of the existing apartment house units. We recommend that the Council schedule a public hearing on this matter. 71 -6 -2T. Another dangerous situation has been noted at the intersection of Mill and Chorro, particularly during peak hour flows. It is felt that conditions would be greatly improved if a right hand turning pocket were created for westbound motorists on Mill by removing two car spaces on the north side of Mill just east of the Chorro intersection. We also feel that visibility should be improved if two car spaces were painted red south of Mill Street on the east side of Chorro. We likewise recom- mend that a hearing be scheduled on these two Changes. On motion of Councilman Blake, seconded by Councilman Grahamm the recom- mendation of the Traffic Committee was accepted and the two matters were set.for public hearing. Motion carried. 19. On motion of Councilman Blake, seconded by Councilman Brown, the claim of Louise Crane for personal injuries and property damage was denied by the City Council and was referred to the City's insurance carrier: Motion carried. 20. H. Johnson, City Attorney, brought to the Council's attention that a letter of credit for labor and materials on behalf of the developers of Tract 400 had been filed by the Bradley Mortgage Company. He continued that he had attempted to investigate the Bradley Mortgage Company and had received a Dun and Bradstreet Business Information Report showing the condition of the company. He stated that to the best of his knowledge, the company was able to stand behind the letter of credit and he recommended that the City Council accept this document. On motion of Councilman Blake, seconded by Councilman Graham, the recom- mendation was accepted. Motion carried. 21. R. D. Miller, Administrative Officer, brought to the Council's attention the provisions of Senate Bill 249, Public Employees Retirement System Bill. The City would have an opportunity to select a new date for prior service funding which would reduce the present prior service contribution for a longer period. The City has a choice of funding it to 1980, 1990 or 2000. The City is presently paying off its prior service on a thirty year basis starting with 1952. The Administrative Officer suggested that it was his and the City Clerk's recommendation that the City select the funding for prior service to 1980. On motion of Councilman Graham, seconded by Councilman Brown, the recommen- dation was accepted and funding was set to 1980 for prior service. Motion carried. City Council Minutes June 7, 1971 Page 15 22. R.. D. Miller, Administrative Officer, announced the appointment of James Petroni as Fireman, effective June 16, 1971 at Step I or $658 per month for a probationary period of one year. 23. On motion of Councilman Blake, seconded by Counci.lman_Graham, a two• week leave of absence without pay was authorized for Jon Eklund, Planning Department. Motion carried. 24. On motion of Mayor Schwartz, seconded by Councilman Blake, the follow- ing resolution was introduced supporting A.B. 1617, tipplers tax. RESOLUTION NO. 2198, a resolution supporting A. B. 1617. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, Kenneth E. Schwartz NOES: T. Keith Gurnee ABSENT: None 25. The City Council adjourned to executive session to discuss personnel matters. 26. The meeting was adjourned to Wednesday, June 9, 1971 at 12:00 Noon. APPROVED: July 1, 1971 zpatrick, City Clerk 1