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01/07/1974Pledge ' Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, January 7, 1974 - 7:00 P.M. City Hall PRESENT: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz ABSENT: None City Staff PRESENT: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; A. J. Shaw, Jr., City Attorney; D: Williamson, Assistant Administrative Officer; Parks and Recreation Director W. Flory; R. A. Paul, Water Department Director; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; Pat Gerety, Associate Planner. Mayor Schwartz announced that the City Council authorized the appoint- At the request of the City Council, the City Clerk explained the implications of the change in timing on the water bills, in that the bills would now be due and payable on the 1st of the month and delin- quent on the 1st of the following month, rather than the present procedure of due and payable on the 10th of the month and delinquent on the month following. Otherwise there were no basic changes to the billing procedure. Mavor Schwartz declared the public hearing open. No one appeared before the Council for or against the proposed ordinance change. Mayor Schwartz declared the public hearing closed. On motion of Councilman Brown, seconded by Councilman Graham, the ordinance was introduced for final passage on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES: None ABSENT: None 2. The request of the San Luis Obispo.Transportation Corporation, doing business as San Luis Obispo Yellow Cab, requested Council permis- sion to experiment with a dial -a -ride system at no cost to the taxpayers. ment to the Planning Commission of Dr. Allan Settle, to complete the 1 term of Alva Williamson, June 30, 1977. 1. City Council considered the final passage of Ordinance No. 602, an ordinance of the Council of the City of San Luis Obispo amending the water billing procedures in the Municipal Code. At the request of the City Council, the City Clerk explained the implications of the change in timing on the water bills, in that the bills would now be due and payable on the 1st of the month and delin- quent on the 1st of the following month, rather than the present procedure of due and payable on the 10th of the month and delinquent on the month following. Otherwise there were no basic changes to the billing procedure. Mavor Schwartz declared the public hearing open. No one appeared before the Council for or against the proposed ordinance change. Mayor Schwartz declared the public hearing closed. On motion of Councilman Brown, seconded by Councilman Graham, the ordinance was introduced for final passage on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES: None ABSENT: None 2. The request of the San Luis Obispo.Transportation Corporation, doing business as San Luis Obispo Yellow Cab, requested Council permis- sion to experiment with a dial -a -ride system at no cost to the taxpayers. I� i� City Council Minutes January 7, 1974 Page 2 To conduct the test, the City Council would grant the corporation permission to 1) use any of their cab vehicles or other appropriate vehicles to be operated at fixed rates per passenger rather than the meter rates and 2) to determine and set the rates during the trial periods subject to Council approval within 130 days. The request of the San Luis Teansportation was referred to the Mass Transit Committee for study and recommendation to the City Council. 3. City Council again reviewed the policies and standards for Flood Plain Management and considered the adoption of an ordinance amending the Municipal Code to require review by the City of all proposed construction and grading activities within certain flooded and flood prone areas and within 20 feet of the top of the banks of certain waterways, prior to the issuance of building and grading permits therefor, and providing a procedure for said review. D. F. Romero, City Engineer, then reviewed for the City Council, the policies and standards recommended to the Council for Flood Plain Management. He reviewed the definitions to be used in the ordinance, determination to be made by the staff, the standards for improvement of natural waterways in decreasing desirability such as 1) natural, 2) timber, 3) stone-masonry, 4) stone riprap, 5) constructed concrete rubble, 6) sacked concrete, 7) brick or concrete block, and 8) gunite or concrete pour. He also reviewed the general requirements of appli- cants for construction within the waterways and the documents re- quired by the waterways plan for consideration. Under the policies and standards, any person who was aggrieved by a decision made under the terms of the ordinance or by the Waterways Planning Board or City Engineer, had a right of appeal to the City Council. On motion of Councilman Graham, seconded by Councilman Brown, the following ordinance was introduced: ORDINANCE NO. 603•(1974 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code to require review by the City of all proposed construction and grading activities within certain flooded and flood prone areas and within twenty feet (20') of the top of the banks of certain waterways prior to the issuance of building and grading permits therefor; and providing a procedure for said review. Passed to print on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES: None ABSENT: None On motion of Mayor Schwartz, seconded.by Councilman Graham, the follow- ing resolution adopting the policy and standards was introduced: RESOLUTION 2543 (1974 Series), a resolution of the Council of the City of San Luis Obispo adopting policies and standards for flood plain management. Passed on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES: None ABSENT: None 1 1 1 City Council Minutes January 7, 1974 Page 3 4. Commun ccat i on from Richard N. RacouiIIat, Attorney for M.J. Smith, requesting that the City Council state whether the provisions of City Ordinance Nos. 568 and 586 would be continued after November 1, 1974. (Continued from the meeting of 12/17/73 referred to the City staff for study, ana.i;ysis and recommendation to the City Council). R. A. Paul, Water Department Director, stated that under present plans and in view of contracts let out by the City it was envisioned that the moratorium would be lifted by November 1, 1974, although the Edna Saddle Tank might not be operational until March, 1975 due to possible steel shortages. R. A. Paul continued that with the completion of the cross town feeder prior to November, 1974, portions of the area under moratorium could then be lifted, although until the cross town feeder was in operation and tested, he did not feel the M.J. Smith property would benefit from its operation. An adequate water supply would be provided to the area of the M.J. Smith property upon completion of the Edna Saddle Reservoir and pipeline, no later than March, 1975, the scheduled date for completion of the reservoir. R. A. Paul, concluded that the presently scheduled date of the expiration of the moratorium ordinances, November 1, 1974, would be followed by a period of historically low City water use until the scheduled operational completion of the Edna Saddle Reservoir in March, 1975. Therefore, it appeared possible that the moratorium restrictions could be lifted entirely in November, 1974 without jeopardizing water service to existing City users. A. J. Shaw, City Attorney, stated that after a review of R.A. Paul's comments that the moratorium imposed by Ordinance Nos. 568 and 586 could be lifted in November, 1974 and that barring unforseen difficulties, the moratorium would no longer be required after March, 1975. As it appeared that the City would not terminate the moratorium before November, 1974, he felt that the City Council could make the first find- ings requested by M.J. Smith, namely: "]. It is the present intention of the City Council of the City of San Luis Obispo not to remove the restrictions em- bodied in Ordinance Nos. 568 and 586 prior to November 1, 1974." A. J. Shaw continued that since it appeared that the City Council could with some substantial degree of accuracy state that the moratorium would be lifted on or before March, 1975, he did not feel that the Council could make the second finding requested by Mr. Smith, namely: "2. The Citv Council certifies that it cannot with any degree of accuracy state when the building moratorium affecting Mr. Smith's property will be lifted." The City Council discussed with A.J. Shaw the implications of his recommendation and the analysis by R. A. Paul. On motion of Mavor Schwartz, seconded by Councilman Graham that, based ' on the testimony presented, the Council made the following findings: "1. It is the present intention of the City Council of the City of San Luis Obispo not to remove the restrictions embodied in Ordinance Nos. 568 and 586 prior to November, 1974." "2. The City Council certifies that it can state with a sub- stantial degree of accuracy that the restrictions of Ordinance Nos. 563 and 586 will be lifted before March, 1975." City Council Minutes January 7, 1974 Page 4 Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None 5. Memorandum from T. Keith Gurnee regarding the City audit for the fiscal vear 1973 -74. Councilman Gurnee stated his reason for evaluating the action by the Council of whether to continue with a general audit agreement or whether an evaluation should be made by an Administrative or Operations Svstem Analyst to see that conversions and operations of the finance department were modern and up to date and that the budget process was also considered in the new accounting system. He stated that if the City Council 1) wished nothing more than an audit, an independent accounting of the dollars coming in and the dollars going out, then he recommended that the City enter into the Audit Agreement with Mr. Wille -ford for the following year; 2) if the Council desired to have an objective and expert evaluation of the conversion to a totally new system of accounting and to procure technical assistance to assure a smooth transition towards data processing methods, then he felt that the Council should seek out and solicit proposals from qualified consulting firms with recognized technical and analytical expertise in the field of innovative accounting systems and data processing. He felt that an audit could be performed by the consultants at the time the evaluation was made of the conversion. Subsequent annual audits could be performed by an independent auditor as per the present situation. He felt that the right way to go would be with the second option, the operations system analysis, so that the Council could be certain that the accounting system would keep pace with the government's needs in the coming decades. However, this alternative would be more expensive and while he considered this to be the best alternative, he stated that meeting with the City staff, they felt that the conversion to data processing would be able to be handled by existing personnel without the massive consultant assistance. He therefore recommended that the City Council enter a contract for the independent auditor and request that the finance department proceed as rapidly as possible with a report as to the development of the new accounting system and that the finance department be willing to come forward and ask the Council if they needed expert help as time went on in the conversion. J. H. Fitzpatrick, City Clerk, stated that he felt that he and his staff were moving along with the conversion to the accounting system and to the installation of the data processing procedures and felt that while they were a little delayed in getting their reports to the Council, the system was moving along in good time. Although, he stated that if the finance department did run into any problems, he would be most willing to come to the City Council and ask for either technical or finances to retain expert help in the completion of the system. He concluded stating that he hoped before the end of the month that prelim- inary reports could be submitted to the City Council as to the conver- sion, chart of accounts, etc. ' On motion of Mavor Schwartz, seconded by Councilman Norris that the City Council retain M. E. Will6ford to act as independent auditor for the City Council for the fiscal year 1973 -74. Motion carried. 7. Mavor Schwartz announced that before going into the hearing on Item 6, that Item 7, the Public Hearing on the Recommendation of the Planning Commission to amend the zoning ordinance to allow offices of a heavy commercial or industrial nature in the C -H and M zones subject to use permit, would not be heard by the City Council this evening, due to some technical difficulty brought to the Council's attention by the City Council Minutes January 7, 1974 Page 5 City staff. The matter was being re- referred to the Planning Commission for review of the recommended procedures. He asked if anyone in the audience was there specifically to discuss this matter. No one appeared before the City Council, the matter was then referred back to the Plan - ning Commission for review. 6. At this time, the City Council held a public hearing on the recommendation of the Planning Commission that the City Council of the City of San Luis Obispo adopt the Open Space Element and the Conserva- tion Element as part of the City's General Plan. Pat Gerety, Associate Planner, stated that the Planning Commission considered the Open Space and Conservation Elements of the General Plan at a public hearing on December 18, 1973, with the changes noted to the City Council. The Commission spent a number of study sessions developing and reviewing these elements and felt that they were com- prehensive in their scope. Further, these elements were mandated by State law and the Planning Commission felt they met State requirements in all respects. The conservation element was prepared jointly with the County with cooperating funds from the City, while the open space element was prepared by the Planning staff. It was the desire of the Planning Commission to initiate implementation of the elements as soon as they had been adopted by the City Council. Pat Gerety, Associate Planner City Planning Department, reviewed for the City Council and briefed the open space plan for the City of San Luis Obispo, as recommended by the Planning Commission. He reviewed for the City Council, the objectives of the Open Space Plan, the functions of the Open Space Plan, and the components of the Open Space Plan. He reviewed the'Open Space inventory, the Open Space Plan goals, and recommendations for implementation of the proposed plan. After a lengthy review of the Open Space Plan by Mr. Gerety, he sub- mitted a letter from Mr. John A. Rapp, who wrote in support of the City's adoption of the Open Space Plan as presented by the City Plan- ning Commission. He also submitted a letter from Mrs. Glennadean Dovey, President League of Women Voters, with a qualified endorse- ment of the Open Space Plan. He also presented a letter from UNCOLA, which endorsed the Open Space Plan as presented by the City Planning Commission. The City Council then reviewed with Mr. Gerety various parts of the Open Space Plan as presented making suggestions primarily as to word- ing changes, some priority changes in the goals of the plan, etc. 8:50 P.M., Mayor Schwartz declared a recess. 9:10 P.M., the meeting reconvened with all Councilmen present. Mavor Schwartz declared the public hearing open on the Open Space Plan. Doug Donaldson, Planning Commission Member, spoke in support of the Planning Commission recommendation on the Open Space Plan and urged adoption by the City Council. Fred Louis B. Strong, consultant for the Citizens for Environmental Balance and Economic Stability, submitted a written report to the City Council, which he read, regarding suggestions and /or objections to the Open Space Plan as recommended by the Planning Commission. He also submitted with his letter, a copy of pages of the Open Space Plan and the Conservation Element with suggestions as to wording changes recommended by the CEBES. Mr. Strong asked the City Council, particularly to insert in the Conservation Element on page 1.5 as new number 8 and in the Open Space Plan as a final paragraph of page 1. City Council Minutes January 7, 1974 Page 6 "The City Council hereby finds and declares that this General Plan Element'is not intended and shall not be construed as authorizing or approving any action which will take or damage private property for public use without the payment of just compensation therefore. This General Plan Element is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States." Henry Rible 1215 Mariners Cove San Luis Obispo, felt that the area around the City which had not now developed, should be zoned as agriculture, in order to provide for a green belt around the City, which would make for a better living environment for the poeple in the City. He felt that this should be done particularly around the Laguna Lake area. He also urged keeping the hills and creeks i *n as natural a state as possible. R. Racouillat. Attorney, spoke in opposition to the Open Space Plan, which showed the Dalidio property as prime agricultural land. He felt that this land was marginal due to hard pan and poor drainage and he felt it should be allowed to develop to urban uses. Mrs. Glennadean Dovey, President of the League of Women Voters, appeared before the City Council stating that the League supported both elements of the General Plan as submitted by the Planning Com- mission and hoped that the City Council would adopt both plans in essentially their present form. The only objection or comment the League would make was in the matter of earmarking tax revenues. They felt that if any of the financing methods discussed in the Open Space Element, page 42, involving designated taxes were considered, they would at the appropriate time, oppose such earmarking. Finally, they believed that there was a pressing need to implement both elements of the General. Plan now, as they were anxious to see that the Planning Commission pursue all realistic measures to protect and preserve the scenic and open space lands. Therefore, the League of Women Voters encouraged the City Council to undertake implementation programs immediately. Donald Smith spoke in support of adoption of the Open Space and Conservation Elements of the San Luis Obispo General Plan. He too urged that the City initiate a green belt along the perimeters of the City, in order to control the quality of life within the City. Robert E. Barrows, Meinecke St., in support of the Planning Commission recommendation for adoption of both the Open Space and Conservation Elements of the General Plan. Charles French, Atttorney, asked for clarifications of several definitions within the Open Space Plan, and further, what the property owner could do under those definitions. Roy McChesney, representing the County Farm Bureau, urged support of continuing agricultural use of Open Space land to its highest and best use. Mavor SChwwartZ declared the public hearing closed on the Open Space Element of the City's General Plan. Councilman Gurnee stated that he was in support of the recommended Open Space Element of the General Plan with some minor changes in wording for clarifications. Councilman Norris felt that the City should take the written and oral contributions presented by the City Council and to set a study session at a later date to include these suggestions in the Plan. City Council Minutes January 7, 1974 Page 7 Councilman Brown felt that the City Council had received very valuable input from the public this evening and that the City should continue consideration of this plan before adoption in order to allow consider- ation of the written and oral presentations. A. J. Shaw, Jr., City Attorney, commented on the State law for adoption of elements of the General Plan, that if the City Council made any changes, it must be sent back to the Planning Commission to either concur or not approve the changes, after which the City Council could then proceed. Councilman Gurnee agreed that the matter of the Open Space Element should be continued to a study session for consideration of some minor amendments to the Planning Commission's recommendation. Mayor Schwartz suggested that the Council continue consideration of the Open Space Plan to January 28, 1974, to thrash out any changes and amendments for Planning Commission consideration. He continued that as.far as he was concerned, except for some minor wording changes, he agreed basically with the concept of the Open Space Plan as presented and recommended by the Planning Commission. Council continued the matter to an adjourned meeting of January 28, 1974, 7:30 P.M. 6B. At this time, the City Council considered the recommendation of the Planning Commission to adopt the Conservation Element of the City's General Plan as recommended by the City Planning Commission. This report was prepared jointly by the City and County Planning Departments with help and paid for by both agencies.' Fred Loui.s B. Strong, Consultant, Citizens for Environmental Balance and Economic Stability, again asked the City Council to consider their previous contributions dealing with the Conservation Element and also the letter from the League of Women Voters urging adoption of the Conservation Element of the General Plan. Mayor Schwartz stated that he had read the Conservation Element as recommended by the Planning Commission very throughly and that he felt that the report was adequate, comprehensive and he could find no reasons for amendment and no place for correction. He would be willing to proceed with adoption at this time. Councilman Gurnee also stated that he had no objection to the adoption of the Plan as presented. Councilman Norris stated that he had no objection to the adoption of the Plan except that on page 44, recommendation No. 2, dealing with the urban development on prime agricultural land, he felt this section could be reworded for better understanding. On page 56, paragraph D, he felt this paragraph dealing with the creek systems, should be amended to recognize that the creeks in San Luis Obispo are a part of the drain- age system of the community. Councilman Brown stated that he too supported the Conservation Element, felt that it was well done and that he would be willing to adopt it at this time. Councilman Graham felt that he had no objection or questions dealing with the Conservation Element. On motion of Mayor Schwartz, seconded by Councilman Gurnee, the following resolution was introduced: RESOLUTION NO. 2552, a resolution of the Council of the City of San Luis Obispo adopting a conservation element for the City's General Plan. City Council Minutes January 7, 1974 Page 8 Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES: None ABSENT: None 8. Communication from Charles Long, representing the petitioners against the application of Davis King Development Co..for a restaurant to be developed at 271 Woodbridge, to be called Woodbridge Feed,-and Sound Co. Charles Long felt that the City Council was not following the General Plan for this area, as the area on the General Plan called for medium to high density residential and that this large restaurant establishment would be in direct conflict with the proposed plan. He further stated that the City Council was under the impression that Katy Street would be surfaced and used as an alternate route, but that there was no concrete evidence or commitment by the developers or an agreement that this would be placed. He felt that there were too many questions as to traffic control, to noise, etc. and he felt that the City Council had acted illegally in allowing this development. A. J. Shaw, Jr., City Attorney, reviewed the history of the restaurant proposed for 271 Woodbridge St., as previously presented to the City Council. G. Shipsev, Attorney for Charles Long, protesting the location 6f the restaurant on Woodbridge St., stated that he felt that the City was allowing a development in a zone that was not in conformance with the City's adopted General Plan, which he felt was in violation of State law, Section 65860 of the Government Code. But, in addition to that, he felt that the noise and traffic generated by this beer hall, would be intolerable to the adjacent residences and businesses. He con- tinued that the restaurant was not located on a paved street, in fact on any adopted street or road, and that if it was allowed to develop, the City taxpayers someday would have to pay to improve the street due to the large usage and the complaints by the people using this access. He then again reviewed Section 65860 that mandated the zoning in the City must conform to the adopted General Plan and that the City could not arbitrarily allow uses incompatible with said plan. A. J. Shaw, Jr., City Attorney, stated that Section 65860 of the Government Code as read by Attorney Shipsey was correct, except that interpretations of State law made for different applications in practice. He suggested that the matter be referred to the Planning Commission for reconsideration in light of the State law. Richard Racouillat, Attorney representing Woodbridge Feed and Sound Organization stated that no building permit had been applied for at this time and that the building was redesigned in order to control sound further than had been planned in the original building. The reason for the additional sound control was to avoid annoying neighbors anywhere in the vicinity. Further, he stated that the developer was planning to improve Katy St. for access to the restaurant. He asked the City Council to continue this matter until the developer had had an opportun- ity to review the State law with his attorneys. A. J. Shaw, Jr., City Attorney, suggested that the staff be asked to look into these matters, that both attorneys be given an opportunity to submit briefs and that the City Council hold up the building permit for two weeks. On motion of Councilman Gurnee, seconded by Councilman Graham that the Woodbridge Feed and Sound Co. building permit be withheld, that the staff submit a report to the City Council in two weeks, and that the 1 City Council Minutes January 7, 1974 Page 9 attorneys .f.or all parties be asked to submit briefs to the City Attorney, prior to the next meeting. Motion carried. 9. Communication from Richard A. Carsel, Attorney, represent- ing the San Luis Obispo Police Officer's Association, regarding safety equipment for Police Officers. He stated that in accordance with State law, it required an employer to 'indemnify an employee for expenses incurred in the discharge of the employee duties or made at the discretion of h-is employer. He was asking that the City Council reimburse for out -of- pocket safety equipment expenditures previously made by the Officers and that the City Council furnish required safety equipment by the City. He continued that he felt this was the responsibility of the City and that a recent case by the Oakland Police Officers Association required the City of San Luis Obispo to reimburse all Police Officers for all safety equipment purchases in- curred since 1937. Another objection was he felt that many items listed as safety equipment required by the Police Officers Association and a number of items considered by the Police Officers Association as safety equipment were not even shown on the list prepared by the City. A. J. Shaw, Jr., City Attorney, reported that the California Labor Code Section 2802 referred to by Attorney Carsel, which required the City to provide cash reimbursement to officers for safety equipment previously purchased by them, did require reimbursement as stated by Mr. Carsel. He stated that the literal interpretation of the word indemnify as used in the Section would appear to indicate that the Section was inapplicable, but he would be willing to review additional citations of law if it could be presented by Mr. Carsel. Communication from E. L. Rodgers, Chief of Police, dated November 19, 1973, listing what the Police Department staff felt were legitimate items of safety equipment and the approximate cost indicated. He felt that if any equipment were purchased by the City, it would be City property and would be turned in by the Officer if he left the Department or retired. Also, during the period of service, all issued equipment would be kept in good condition considering normal-wear and tear. The Police Chief recommended that Police Officers could elect to continue the use of their own equipment heretofore purchased by them if it comformed to departmental standard, it being understood that they would receive no reimbursement for such equipment kept by - themselves. Of course, new Officers would not have the privilege of switching; they would have to use City issued equipment. Richard A. Carse:l then appeared before the City Council again reviewed var,i:ous Sections of the California Civil Code defining the words, such as indemnity and suretyship. He also felt that the interpre- tations he was submitting made it abundantly clear that it was the duty to indemnify the payment of the original obligation as a condition precedent to an indemrnificatibn. He also referred.the City Council to several legal interpretations on indemnification which required reimbursement if there was a duty owed which would be discharged by the performance of the promisor, etc. He felt that the City had acknowledged its obligation to provide safety equipment to its Police Officers and since this was an obligation of the City under the-Labor Code Section which required the employer to indemnify the employee for expenditures incurred in direct consequence of the discharge of his duties. He felt the duty of the City was to provide the equipment, coupled with expen- ditures for the purchase of said equipment by the Police Officers, which he felt required repayment to Police Officers for all monies expended by them in satisfaction of the obligation of the City. He also felt that the list of equipment prepared by the Police Chief was far from complete, as far as the Police Officers Association were concerned. Many of the items listed by the Police Chief as safety items were not so considered by the Police Officers and items not shown,, were considered by Police Officers as safety equipment. He asked that the City Council appoint some representatives to meet with the Police Officers Association City Council Minutes January 7, 1974 Page 10 representatives, at least to review the safety equipment list, so that at least both parties would be talking about the same type of equipment. A. J. Shaw, Jr., City Attorney, stated' that he felt all Officers, new and existing, could accept the City's offer to supply all of them with necessary safety equipment as listed. If any reimbursement were made, it should only go back to purchases made within the last three years, as he felt the statute of limitations took effect. The equipment would only become reimbursable if a verified claim were submitted by each officer on his equipment. Once the City paid for the equipment, then it would become the property of the City. Councilman Brown felt that each officer, under these statutes as he understood them, could require a new set of safety equipment at City expense now, and either keep their personally purchased equipment, or sell them to someone else and keep the money. Councilman Graham suggested that the Police Officers Association accept the amount in the list as submitted by the Police Chief and not the $300 plus requested by Mr. Carsell. Councilman Gurnee asked for clarification of Carsell's request: 1) Is Carsell asking for staff negotiation on the equipment list, and 2) Is Carsell asking for staff negotiation on the legal interpretation of statute of limitations? Carsel agreed that these were the two points that he would wish to discuss before proceeding. Therefore, Councilman Gurnee felt the staff should look into the equipment list, for at least a meeting of the minds by the City and the Police Officers Association before it was brought back to the City Council. He also felt negotiations on reimbursement should be pursued to the satisfaction of both the City and the Police Officers' Association. A. J. Shaw, City Attorney, commented on methods of arriving at the purchase price, so the City could buy used safety equipment submitted on a claim by each individual Police Officer. Mayor Schwartz felt that as he understood the City proposal was to issue all Officers safety equipment which would be the property of the City. If there was any reimbursement to an Officer for use of his safety equipment, then that equipment would become property of the City. Councilman Norris suggested that the Council restate their policy that the City would issue safety equipment to all officers at City expense, and that he was not in favor of reimbursement for existing equipment. A. J. Shaw, City Attornev, felt that the three year statute of limi- tations would apply to all claims for reimbursement. Councilman Brown felt that the City should purchase all existing safety equipment which would be owned by the City at their existing value. Mayor Schwartz felt the Council should get a list from all Officers of equipment he wished to sell the City regardless of the length of service. On motion of Mayor Schwartz, seconded by Councilman Gurnee that 1) City Council indicate to the Police Officers Association the willingness for them to meet with City staff to study the list of safety equipment presented by the Chief, with a view to modification. 1 C] City Council Minutes January 7, 1974 Page 11 2) It was the City Council's intention to comply with the law, and to supply all officers with safety equipment. 3) The City would purchase safety equipment required by the City from present Officers upon submittal of verified claim as to its value by each Police Officer: 4) The City personnel officer to compile a list of all Police Officers with service of three years or over and an estimate of the cost to the City for supplying the safety equipment or reimbursement of the Police Officer's present equipment. 5) City Attorney to meet with Carsell to determine the statute of limitations application. 6) The City Council recognizes the Police Officer has the right to dispose of his equipment through private sale. 7) The City Council would not recognize any purchase of safety equipment by an individual after January 7, 1974. Motion carried on the following roll call vote: AYES: Councilmen Brown., Graham, Gurnee and Norris, and Mayor Schwartz NOES: None ABSENT: None 10. D. F..Romero, City Engineer, presented plans and specification for Waterways Obstruction Abatements of Natural Obstructions - City Plan No. 34 -74. He submitted a sketch showing the location of each improvement and the type of improvements to be made and the nature of the obstruction being corrected. He estimated the cost to be $4,050. On motion of Councilman Gurnee, seconded by Councilman Brown, the plans and specifications were approved and the City Engineer was authorized to proceed with advertising. C -1. Payment authorized for claims against the City of San Luis Obispo, subject to approval by Administrative Officer. C -2. The following contract payments were approved: MADONNA CONST. CO. PP,EFUMO CHANNEL CULVERT MODIFICATION C.P. #15 -74 Est. #2 $ 4,266.00 Est. #3 Final $ 1,397.00 WALTER BROS. CONST. CO. PREFUMO CHANNEL MODIFICATIONS C.P. #7 -74 Est. #3 $ 7,485.75 CONCO GENERA N. BROAD ST. C.P. #11 -74 WALTER BROS. MADONNA ROAD C.P. #23 -73 L ENGRG. DRAINAGE IMPROVEMENT Est. #2 $ 3,364.20 Est. #3 Final $ 838.54 CONST. CO. CULVERT ENLARGEMENT Est. #5 $ 6,310.26 WALTER BROS. CONST. CO. PREFUMO CHANNEL VEGETATION REMOVAL C.P. #9 -74 Est. #1 $ 5,798.70 Est. #2 Final $ 644.30 City Council Minutes January 7, 1974 Page 12 R. BURKE CORP. TASSAJARA ST. CULVERT RECONSTRUCTION C.P. #1 -74 Est. #3 $ 727.20 Est. #4 Final $ 1,004.50 C.C.O. #1 + $ 694.00 CONTRACT PAYMENTS MID -STATE CONST. CO. Est. #3 $19,449.59 ADDITION TO SENIOR CITIZENS CENTER CHAS. A. PRATT HIGUERA -LOS OSOS EXTENSION, SEWER, WATER, DRAINAGE IMPROVEMENTS C.P. #27 -93 Tract 467 Est. #5 $18,812.04 (Developers Share $ 6,512.49 City Share (CO #1) 3,123.87 City Share (261(4)) 9,175.68 $18,812,04 C -3. Administrative Officer was authorized to advertise for bids to replace four pieces of equipment as follows: Item 1 To be purchased: One (1) 1974 Station Wagon or Van for Fire Dept. To be traded in: One (1) 1967 Plymouth Station Wagon, City equipment No. 167, serial number RH451`7119853, to be traded in "as is ", except that the City will retain radio, Dietz warning light, spotlight (right side), siren- public address unit, battery charger and instant power gen- erating unit. Item 2 To be purchased: One (1) 1974 Economy pickup for Planning & Building Dept. To be traded in: One (1) 1963 Falcon Ranchero pickup, city equipment No. 663, serial number 38275 138 287, to be traded in "as is ", except that the City will remove radio equipment. Item 3 To be purchased: One (1) Wheel type front end loader for street dept. To be traded in: One (1) 1963 International front end loader, city equipment No. 163, serial number 1054W, to be traded in "as is ". Item 4 To be purchased: One (1) Four Wheel Drive front end 'loader To be traded in: One (1) 1962 Caterpillar loader, city equip- ment No. 362, serial number 59A1705, to be traded in "as is ". C -4. Recommended approval for William E. Flory, Director of Parks & Recreation to ask for bids on a rotary mower for the City Park Dept. C -5 On motion of Mayor Schwartz, seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION NO. 2540, a resolution increasing the 1973 -74 budget (Revolving Account No. 151). City Council Minutes January 7, 1974 Page 13 I Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES: None ABSENT: None C -6. On motion of Mavor Schwartz, seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION NO. 2541, a resolution transferring funds. (TOPICS fund) Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES: None ABSENT: None C -7. On motion of Mayor Schwartz, seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION NO. 2542, a resolution increasing the 1973 -74 budget (Transit System). Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES: None ABSENT: None C -3. Claim against the City by Leon J. Wimbley for removal and replacement of sewer line due to improper compaction under sewer line denied and referred to insurance carrier. C -1 through 5, less 5, 6, 3 7, adopted on motion of Councilman Gurnee, seconded by Councilman Graham. AYES: Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES: None ABSENT: None C -9. Memorandum from R. A. Paul, Water Department Director, stating that for the past quarter, no projects had been submitted for the special projects priority list. Councilman Norris -urged the City Council to 'proceed with three City initiated contracts in-order to proceed with the Resolution 2431 in order to attempt to alleviate as much of the Water Department deficien- cies as possible. R. D. Miller, Administrative Officer, objected to this proposal as he felt that the Council policy was to only proceed with projects submitted by developers and not projects initiated by the City. He felt that in light of anticipated large expenditures in the next year for the Water Department, that these programs should be considered during the annual budget consideration. City Council Minutes January 7, 1974 Page 14 Councilman Gurnee spoke in opposition of doing these water projects, as he felt the City Council should follow provisions of the established ordinance. Mayor Schwartz stated that while he agreed philosophically with Council- man Norris' request to get at the water deficiencies within the City as rapidly as possible, he felt that the City.Council should follow ' their existing policy and carry these suggested projects to the next fiscal year. On motion of Councilman Gurnee, seconded by Councilman Graham that the memeorandum be received and filed. Motion carried. C -10. On motion of Councilman Brown, seconded by Councilman Norris that the City grant a Deed of Easement to the Housing Authority of the City of San Luis Obispo for drainage from the Housing Authority's new development on August St. On motion of Councilman Brown, seconded by Councilman Norris, the following resolution was introduced: RESOLUTION NO. 2553, a resolution of the Council of the City of San Luis Obispo approving a deed of ease- ment to the Housing Authority for storm drain and utility line purposes and authorizing the Mayor to execute the same. Passed and adopted on the following roll call vote: AYES: Councilman Graham, Gurnee, Brown and Norris, and Mayor Schwartz NOES: None ABSENT: None ' B -1. The City Clerk reported on bids received and opened Friday, January 4, 1974 at 10:00 A.M. for a Transit System for the City of San Luis Obispo. SAN LUIS TRANSPORTATION, INC. $.70 cents per mile D.B.A. Yellow Cab Co. 505 Higuera St. San Luis Obispo, CA MELNI BUS SERVICE $.95 cents per bus mile P. 0. Box 838 Santa Barbara, CA 93102 CLELL W. WHELCHEL $1.05 per bus mile P. 0. Box 1485 San Luis Obispo, CA '33406 METROPOLITAN TRANSIT SYSTEMS, INC. $1.10 per bus mile P.O. Box 1030 Phoenix, Arizona 85001 The City.Clerk continued-that by prior- Council Action, the -bids were forwarded to a subcommittee consisting-,of Councilman Brown -and, Norris, Mass Transit Committee Members Jones and Rice, and staff members Miller, Romero and Fitzpatrick to analyze and make a recom- mendation to the City Council on which bid to accept. B -2. The City Clerk then presented to the City Council a summary of bids received for Chemical Products for the City Sewer and Water Plants. Bids opened January 3, 1974 at 1:00 P.M. The City Clerk reported that all but one bid were condition on the availability of products and to the passing on to the City of any increase in the cost of chemicals or freight. City Council Minutes January 7, 1974 Page 15 -• m O 0) - n O O i 7 CL co 0) U n -• (D a W (n + (D m m n Z7 (D U) -• < CD (D n n - O n -i -• C O n � 7 In -. C U) D -• S - 7 + ca - S -< O G7 x n o 0) C — Z - p n D T O F- > C m m - \ -• Z n C O u) ? Z N C W r -• 2 n 2 to D o m v m -n m;;U (D + X m 23 o (D O = S (D C (7 U) + CL < L �< O O r (n D � C r c \ or r � n c O -• Z V) w - o �D LI) --1-0 AO 0 � -I + D r -- W O O O 2 m D cn (n ,-. m r 2< m 2 :�: -0 2 C7 U) — D N X O . D 1 - n (L • O m O r .w .., .� n U) z (D T U) D n O r m O N Om o 0Cn - 2 D - D . (/) -I -T1 _U m - D O 2 3 -71 n _Cn W CO W O O W 0) C -• c O (D O m O 2 Q O c CD O -• 7 O CT Z -X 11 OX -X D n 2 n -• 1.n A w N (D U1 D O (D C7 -• Cn m (D 3 W (D U) f) IV 2 U) J 1 Ln + s c n -i . ow �OCTm •. vO n — CO 3 + 'O IN A ? In S O (D O -D CO O m (+ D D n n (D S 0) D 0 O D ' r 7 O — �+ (D n n n � �O m r D O - n - O (D (D -n 0) O zO w O 1V < + (D Ln In U) -) < O Ln A rV x -• (D - C) O) (n U) A A W co n O + U) 0) u) D -• 2 -• O S`G 7 C-) 7 n - m - + N Q (D 0) -• 0r C.) -• D N O C (T -I U) O Q (D + — n -• TI c �• n 0 O tT + (D + 0-1. _. O Z C-• O n CT (D + D (D 7 Ln + + (D �+ •G -I n U) (n O 3 -1 - D O n _. X -. z + LO S -• CO D (n O u CU 3 3 S — O<� C -F — N N N N 0) D 0) (O 0) 3 f`J N N N n' -• (D 7 - U1 Ul U1 U1 L• — n m -) 1 C (D d 0 ) . CD O U) n 0- + 0) O _0 n 3 n — +-o W -• n :3 -• +3-< T O (D n 0) 1) O 0) O O N n U) to csa 5a ba 7 -h +fi-) + + — O -• 0) 01 Q� CO -CT w + Ui + 7 a -• W CO J CA O Ci -• S S 01 a 7 -• 3 -• (D + (D n C + (D -0 -• n -1 Ul Ul A Vl 03 G O (D (D + 0) U) M -1 O to - n + 3 (D f In -• U) s O C + n — (D 7 (D (D O C) 1 7 m Q. + or � I N) 7 1 01 (D W I N w CD + -0 n X _0 A I N A In + n 0) O I O O n (D Ln (D _0 U) + (D (D La- Q. O n O a tl� rl� «� a O -• - CO CO (D (b + - v O - O 1 0T - A 0) 7 U1 -. Ul U1 O J ®w p -1 h a m n o m s� sa sv J Z CO U1 N 00 W A O w w - w N W J U O O J Ul — (T 0T --• \ D N N U J N O (n O Cr1 (n Z c: C D D m m m * *. A A m Un O UJ IV S 7-� O OD Q Q • Z U) U1 -. a O 3 3 - (D (D U) + + C7 D -• m O 0) - n O O i 7 CL co 0) U n -• (D a W (n + (D m m n Z7 (D U) -• < CD (D n n - O n -i -• C O n � 7 In -. C U) D -• S - 7 + ca - S -< O G7 x n o 0) C — Z - p n D T O F- > C m m - \ -• Z n C O u) ? Z N C W r -• 2 n 2 to D o m v m -n m;;U (D + X m 23 o (D O = S (D C (7 U) + CL < L �< O O r (n D � C r c \ or r � n c O -• Z V) w - o �D LI) --1-0 AO 0 � -I + D r -- W O O O 2 m D cn (n cn Y G' Q S W cff s n D O CO J O O H V r ON T � L O c � J 0 G O O I- a T � N -0 N O L D U) L •- H � H Z J p 2 O N (D I- D N W (n a X W O E n w O Ut T •- } pO U N U1 Z L � � O W F L H O G N Q N p U O rj� N } L - C •— C Z L Q N (DI C C L O to } L U 0-- U N N > a - Ln N U L N } 3 W N O -o N O o c m ru C L- 0 3 U O U - rJ 0 C City Council Minutes January 7, 1974 Page 16 3 O N N N N • • N 0 N rn rig O O EA H H H H Ln M r"1 n N1 O H N OO m m O r 0 0 0 O - Z A H H H H Ln M r"1 n N1 O H Q O Uf — 0 O - CL W O Ln Of 0� ¢ m rn o O U } CV Of O U Q — N O J W 0� U s Q7 0� G O 0 J } W L U CSI O Q G N •• =+-2 -r r` d' NU U N O U(/>U worn MO s 4- rn (n 0 = N N U1 W (n •- W c N U Q (n N 2 U J• - } X U Of X- 0 N C W TJ (0 Z O W O N C (0 CJ L 0 O CO F- CO m W d L Q L (n • C 3 • Q - try 4- W O cn O J O C (n <T 7 ••! N Z U7 J O (U O Ln O U L < • O Q •— (n J Q N S = Li �> _ _J Z O I- Q U L� U W EL H U O H O Z O F- _ W U X W N U 4- O C c N } } L U1 T �0 T } L L } C O N ,p } — C N O E O +- O N C•J •� N a N T O } c O } U ut N c •� O a Ln } Ln } L O •- N U1 L N w Ln L a7 Z N O > N - U - N L D D = L U 0 H 00 00 Ln to W EL U EL Kl r 3 1 1 1 m N 7 m 0 I-, 0 x — -O c O -• < 3 n 3 - • —0- Z :7 :n TI ;7 7 D r m < O • Z N D O f C D ((DD o m - x z0 (D U') N N o a� nm D O �D m O 77 O Cn Ln N O m ms's ((D O 7� N • m CO O O X Z > N O = = � A m W GIs v C� D r N O - City Council Minutes January 7, 1974 Page 17 m m � O O O O O CO r- 0-0 N X N J v C') �n = D 3 W A A O N O (n — D CO Or 3 o r m m m I -• O Or � 3 N n n = -• (n m N + 3 O (D n (D D + r D 00 A � - Z7 - D O Z 4.4 o (D -0 (D -• n U G �. i.4 (D a -o 3 (D -• n (D W + 3 + C a D) n - C O -c • 3 N CL ++ 0 7 3 O C CD - o_ f 3 N C- -S G + 3 - N 3- �. - 3 O (D N j• C ((D O 3 -n+(O N -• 3 7 (D C 0 LO C O 0 3 + = 01 O D D_ n 3 O D- N - D. Q < D! (D - -• C -• (D 7 (D - -• N < n n LO (7 + c (D (D + (D I N < o n O -0 O 3 d (D 1 3 N -+0- nJ n - CL - CD + n -• + n (D + O - O (D 3 O o n O 3 �. O o n C N 3 N D N + 3 -• i O D (D N -• 3 X 3 n (D v + N (,D + (D G D. + 3 C O 0) n O (D N D CD- a T S + C - o S 1 -o N + (D S < O + + 3 (D D. N D O C -• Q 3 s n (D - o n O 3 + o T + (D cr O O 3 n C + D1 3 3 < C O + O -' -. 3 - - n 0 O (D LO Cr N J C - W O) — m CI) + Z7 3 •G + (D N m m m + {>4 CL + N (D -' - - (D J < - (D O 0 O 3 D O n. O Z � :7 :n TI ;7 7 D r m < O • Z N D O f C D ((DD o m - x z0 (D U') N N o a� nm D O �D m O 77 O Cn Ln N O m ms's ((D O 7� N • m CO O O X Z > N O = = � A m W GIs v C� D r N O - City Council Minutes January 7, 1974 Page 17 m m � O O O O O CO r- 0-0 N X N J v C') �n = D 3 W A A O N O (n — D CO Or 3 o r m m m I -• O Or � 3 N n n = -• (n m N + 3 O (D n (D D + r D 00 A � - Z7 - D O Z 4.4 H1 b4 W i.4 W �n O -4 W W N w o - O O 00 AO 0 0 64 N A 0 0 (9 b4 b4 W W � tD W O W p N rn 0 A O O O bq EA b4 J O O O p O W p N N O W O O O -• -n 3 O n O 0 £. 0! m o 0 N D. O N m A =Y n O N -• < (D (D n D- ti. -h -• O n � N + (z -• c O -1 3 3 N -. C N D -• S Z 3 -• -{ 3 + (O T (D r- r n• D CD Cn N Z7 * -0 D O =O m (n O D D Z N --i m CO (n -• O D. 0 N D a -D m O = m m -o O m (D w 3 o = n + - O S + C (D i m N n C�1 d -. O -1 O D O r 3 c LO d N 0 O 3 r L.I C N �O O J D- A -• N O d. "C -I + O D r -- CD o — O "D 3 W N m D .Z7 U, City Council Minutes January 7, 1974 Page IS Y Q W L O - O m J Q } I- O N V r O O` o- Ut 1] M O T Z ut L O J C J _ Q LO - T � ro 0-0 Ln T L •— L U i- I- Z L O (� H } C — O O U- Wm W U7 O 17 (Y m O J L m Z I o O O •- U � \ W J L i- O Q - f0 O H (n N - L I— m} Z L C L - G u •— N C C L O 0 L U 0.- o U c) m > Q •— U1 U L N 4- L •- W 3 W -0 O O U c m (0 C7 -0 C L - O O U O c O O p CO O N O O ^ O\ •7 O N N C M M O O O O p O D\ r p M N N 1 1 N V O O C I I C N } W } L 3 Ln T t0 O O O T D �t O O } CO O M L O M CJ N Z b9 b9 Eq C N } E c o O 4- LO C .'- E E - O ~ N nl N T (D 7 } c - } 0 n +- N O Z 0 0 C } {- O - O c E U CD U > (o .n� L L L O 4- U UI D Ln ^ W �;J, W +- N i- C U} Cf m •7 N O d N c i- E •- O M W' O •� (0 V C U G d\ J W ON p L L U G ¢ 'V U N U O Q - CO O (p r E E N- w U (n O L U) O> Ln w c U N O 2 LI�N1 NU N - L V U W IT 0% en p U .p j - +- + n I r n m �D o UI W (n .- (-J I- N U N 4 (n N U (n "O L j •E N U 2 U ¢ U Of Z O •- c > .- U N C X L Z X X- c (0 O O O O Z IL 2: W d O •- L Q ] (n m O Q CO C F- W d LL (n C 3 Q d Uj I J (D C Q O V) Y O U Z O Ln U .-. J O (0 O (O U L G - N U W tL SdW > W w ... 1 1 City Council Minutes January 7, 1974 Page 19 O O O O O O O O O OJ O O 1 z z G O r- -'0 Tlm3 U) -t- r C-) r) mmn Cn - D �o O• D -i - n O U O O A m 0) - O D) 0 C- I N OZ (D OT. c ACn 3 NO N OD 7D Or �A to • m U 3 U ;U O • cn - U7 -. 1 D f =3 cn :7 D (D G7 � m m m W D O O) (n D z -5 3- X [D D -5 -• D LO CO O O . 0-) G) n Cv D O O rr O c — m x m x z a] a m CD — or x D(D C- c� — ;Q n -i- — r — D n = m (D N V) D N n (D :3 m (7 D (D J 9) -• O m U7 O ON S (D Cn D D C-1 N J I Ln + fa- A m CD -< < — \-n O n - N w J 3 O CO n (D m S O (D 0 3- O D -+ _ �o 7 — C) m - CD D A D G N O (D m O(D 0 D 3 — + r O G� O D C) (D O (D S C O �O �O m r O — (D A �O > D (7 O (D (D (D (D -< -• (D D +D O A U+. 8 -i O (min O W - vi O o r - -+0 A O 0 7 (n n -< C t C (D . Z J q O C Q (D C kD CD (D '1 (D 1 CD (D N -F O a) N Ci L O O O O O O O O O OJ O O 1 z z G O O 6 - (f, z - O CD CD CO O J CO O D O O O O I I I I I I O n O n a O - 0 O a (n � a• n - CO (D Q N mo (D n (D N -. < (D (D n c- -.0 n � m -• c O •O N -• C U) D - T � 7 J -< O r n •G a c —o z � n D O 2 --I -I F- m o O Q z z u, m CD O Q Ln m m m O 0 m m -o -. �Q m o = a O z � s0 C o 1 0 Ln Q r- d C U) O r - \ C (n CL -0 O -1 O Z �G w v A O d D r -- OD 0 O 0 m m D TJ (n m (� N - X - - m m a+ -• a (o m O C f m -r. -• U) Co — 1 U7 -. 1 — O O <• O O (D J (D In n -* J n Q 7 (D O (D LO f+ < -0(0 M fi - u a -I u, n v U1 - O 7 -• -+ C f n C O n O S CT -• -< Q o O (D (D �. O - 0 ) O Q CD 7 -• -< CD — {Qn m u+n o G c+ + fa- CD -< 7 (D 3 -1 n O N- 0 m 3- O O -• m 10 __j O CD 'i O n O �o n n 0 O �O (D -F O 7 O (D J — O O S C O U) -n n Cc T all 1 CO C, O O O (D (D (D (D -< -• (D D T -+ U+. 8 -i O =r -• O (D C - - -+0 z 0 7 (n n -< C t C (D . C Q (D C kD CD (D '1 (D 1 CD (D N -F O a) N (D LD U7 -F LL O (D (D ti — -n LL Q 'O '< (D O -F — CL (D O (D N - -t. -F 0) -• (D U7 U) 3 m < -F O (D — O -1 -• S Q Z) (D In (D Q -0 - < CD -• -1 O (D < -• C I u) n Ln (D O n O n a O - 0 O a (n � a• n - CO (D Q N mo (D n (D N -. < (D (D n c- -.0 n � m -• c O •O N -• C U) D - T � 7 J -< O r n •G a c —o z � n D O 2 --I -I F- m o O Q z z u, m CD O Q Ln m m m O 0 m m -o -. �Q m o = a O z � s0 C o 1 0 Ln Q r- d C U) O r - \ C (n CL -0 O -1 O Z �G w v A O d D r -- OD 0 O 0 m m D TJ (n City Council Minutes January 7, 1974 Page 20 On motion of Councilman Graham, seconded by Councilman Brown that the City Council accept the lowest bids based on product availability and price. Motion carried. B -3. The City Clerk reported that bids to supply Petroleum Products for the 1974 calendar year to the City were to be opened on Thursday, January 3, 1974, but that no bids had been received in the categories of regular gasoline, premium gasoline or motor oil. The City Clerk stated that he had been in contact with the Union Oil Company who has supplying petroleum products to the City for 1973 and that they planned on continuing to serve the City, except that the'price would be the wholesale pump price less tax. B -4. R. D. Miller, Administrative Officer, reported on a bid received for the Juvenile Officer's car, which could now be purchased as the County had allocated the Federal Grant for purchase of this vehicle. He stated that Callahan Dodge had submitted the second low bid at $3,484.00 and agreed to stick by it, whereas Stanley Motors would not honor its low bid in view of recent price increases. The City Attorney had advised that the City could not pay Stanley Motors an amount greater than its bid price; that Stanley Motors had, in effect, withdrawn its bid. On motion of Mayor Schwartz, seconded by Councilman Graham that the bid of Callahan Dodge be accepted. Motion carried. City Council adjourned to executi -ve session. On motion of Councilman Graham, seconded by Councilman Gurnee, City Council meeting adjourned at 11:50 P.M. to 7:30 P.M. Monday, January 14, 1974. APPROVED: March 4, 1974 H. F TRICK, CITY CLERK 1 1