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HomeMy WebLinkAbout08/26/1975IPledge Roll Call City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO AUGUST 26, 1975 - 12:10 p.m. CITY HALL PRESENT: Myron Graham, T. Keith Gurnee, Steven Petterson and Kenneth E. Schwartz ABSENT: Jesse Norris PRESENT: J.H. Fitzpatrick, City Clerk; A.J. Shaw, City Attorney; Robert Strong, Community Development Director ----------------------------------------------------------------------------- 3. The City Clerk reported on the following bids received for SINSHEIMER PARK TENNIS COURTS, Phase I. Bids opened on August 19, 1975 at 4 p.m. Wray Construction Company $ 96,495.00 Santa Barbara California Tennis Courts 102,800.00 Santa Barbara Jack W. Morey 104,945.00 Rancho Mirage Gus Howie 108,998.00 San Luis Obispo Tom Downey 112,672.00 Ojai It was the staff's recommendation that the low bid of Wray Construction Company in the amount of $96,495.00 be accepted. Johnny Nettleship, Chairman, Advisory Committee on Joint Recreational Use of School District Property, appeared before the City Council encouraging them to accept the low bid of Wray Construction Company and proceed with the construction of the tennis courts. On motion of Councilman Gurnee, seconded by Councilman Petterson that the City Council accept the low bid of Wray Construction Company and authorize the Mayor to sign the contract. Motion carried, all ayes, Councilman Norris absent. On motion of Councilman Gurnee, seconded by Councilman Petterson the following resolution was introduced: Resolution No. 2865 (1975 Series), a resolution increasing the 1975 -76 budget. rPassed and adopted on the following roll -call vote: - AYES: Councilmen Graham,-Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris City Council minutes August 26, 1975 Page 2 1. Robert Strong, Community Development Director, reviewed with the City Council the proposed amendments to the City fee structures for planning and zoning applications. The City Council discussed the various fees proposed, and Mr. Strong then ' suggested that the City Council may wish to make the fees effective January 1, 1976. After discussion, the City Council suggested that the planned development preliminary plan fee should be $250 and the planned development precise plan should be $100. The matter was continued to September 2, 1975 for a public hearing. 2. Memorandum from D.F. Romero, Public Services Director., regarding salvage of the old Rockview sewage lift station. In the preliminary discussion, it called for the interior components of the lift station to be salvaged when the new lift station was put into operation. The cost would be $1,050. During the course of the work at this location, the City staff determined that it would be to the City's advantage to salvage the entire station, which would then give the City a package plant that could be utilized at some future time, rather than a series of spare parts. The staff .so recommended and reported on the following informal quotes for salvage of this station: PRATT CONST. CO. $3,556 SMEE'S PLUMBING 3,589 BAKER CONST. CO. D.F. Romero recommended that would provide the City with a of $2,506. He stated that he Engineer's staff and they all ment for the City. 4,450 ' 4r. Pratt's proposal of $3,556 be accepted, and perfectly usable sewer lift station for a net discussed this expenditure with the City recommended that this would be a good invest- A.J. Shaw, City Attorney, reviewed some of the problems that had been encountered in the processing of this particular informal bid prior to coming to the City Council. He felt that this matter should be considered very carefully. Councilman Gurnee suggested that in future matters of this type, the City Council get an estimate from the City Engineer and bids should be solicited only by the City Engineer and not by inspectors on the project. In this way, there would be no possible criticism of City staff. On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council reject all bids received, that the City Engineer be directed in the future to solicit informal bids, solicit more bids including-an estimate by the City Engineer, and that bids be brought and considered in a more formal manner in sealed envelopes, etc. Motion carried, all ayes. Councilman Graham withdrew his second to the motion. Councilman Petterson felt that it should be the Administrative Officer's job to supervise informal bids being cal.led.for.by.the City, and not leave-them in the hands of various employees. He also felt it was the Administrative Officer's job to come up with a policy and format for soliciting informal bids of this type. The matter was continued to Executive Session. City Council Minutes August 26, 1975 Page 3 4. The City Council then continued their discussion of management and administrative problems within City Hall and Council policy direction. The Council subcommittee (Gurnee - Petterson) then resubmitted their reworded administrative policy for the Council's consideration. This included relation- ' ships and conduct between Council members and staff. He then reviewed the policy as follows: Administrative Policy No. 1, Relationship and Conduct Hetween.Council Members and Staff. With the intent of the Council to: Re- assert control of City government by the Council as a whole, Insure Council Members free access to and flow of any information relative to the running of the City and to insure that such informa- tion is communicated-by staff in full and with candor to those requesting it, Avoid intrusion by individual Council Members into those.areas which should be the responsibility.of staff and to prohibit. intervention by individual Council members in staff.decision - making, the making of staff recommendations,.scheduling of work, and executing department priorities without the prior.knowledge and.approval of the City Council as a whole, and Protect staff from undue influence and pressure from individual Council members, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal. ' A policy guiding the conduct between Council members and staff in their contacts with each other is hereby stated: Council and Council Members The full City Council retains -full power.to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, work loads and schedules, departmental priorities, and the conduct of City business. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, work loads and schedules, and departmental priorities without the prior knowledge and approval of the Council as a whole. If a Council member wishes to influence the actions, decisions, recom- mendations, work loads, work schedules, and priorities of staff, that member must.prevail upon the Council to do so as a matter of Council policy. Individual Council members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff and shall receive the full cooperation-and candor of staff in being provid.ed -.with any requested information. I The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council and in keeping the Council informed. Staff is obligated to take guidance and direction only from the Council as a whole or from the appropaiate management superiors as may be the case. City Council Minutes August 26, 1975 Page 4 Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, chang- ing or otherwise suppressing staff decisions or recommendations, or chang- ing departmental work schedules and priorities. Staff shall report such , attempts to influence them in confidence to the City Administrative Officer, who may inform the Council as a whole of such attempts. Staff shall be obligated to provide any individual Council member with any information that member requests, including but not limited to, statistical information, information serving as a basis for certain actions by staff or their department, any justifications for staff recommendations, etc. Staff shall communicate fully and with candor any information to the member requesting it. If staff is unable to provide requested information by reason of informa- tion deficiency or a major interruption in departmental work schedules, work loads, and priorities, that staff member shall inform the individual Council member requesting the information and the City Administrative Officer in writing why the information is not or cannot be made available and what steps should be taken to acquire and provide that information. The City Administrative Officer shall then exhaust all means that are in his judgment feasible to provide the Council member with the information he requests. If the information still cannot be provided, the City Administrative Officer shall place an item on the Council agenda for Council direction as to their desire and directed methods of correcting the information deficiency. ' If staff feels that such information would be of interest to the other Council members, he shall see that appropriate distribution is made. On motion of Councilman Gurnee, seconded by Councilman Petterson the following resolution was introduced: Resolution No. 2876 (1975 Series), a resolution of the Council of the City of San Luis Obispo adopting Administrative Policy No. 1 for relationships and conduct between the Council members and staff. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris The City Council subcommittee then submitted for the Council's consideration Administrative Policy No. 2, which listed the duties, powers and responsibilities of the Administrative Officer. Administrative Policy No. 2, Powers, Duties, and Responsibilities of the City Administrative Officer Section 804 of the City Charter, entitled "Powers and Duties of the City Adminis- trative Officer," provides in part as follows: "The City Administrative Officer shall be the administrative head of the government of the City. The Council shall instruct the City Administrative Officer in matters of policy. Any action, determin- City Council Minutes August 26, 1975 Page 5 ation or omission of the Administrative Officer shall be subject to review by the Council, but the Council may not overrule, change or modify any such action, determination or omission except by an affirmative vote of at least three members of said Council. The Administrative Officer shall be responsible for the efficient ' administration of all the affairs of-the City which are under his control. " With the thought to more clearly define the powers and duties of the City Administrative Officer, the following policy is hereby adopted by the City Council as a reaffirmation of and an amplification upon the above mentioned City Charter prescriptions: The City Administrative Officer shall be wholly responsible for the effective and efficient management of all the affairs of.the City, including, but not limited to: * The courteous and effective administration of public services to the citizens of the City. * The operations and functions of City departments and City government as a whole. * The progress and completion of municipal projects and works. * The execution of Council policy. * The productivity of and harmonious working relationships among municipal employees. ' * The finances of the City. The City Administrative Officer shall exercise firm leadership and de- cisiveness in insuring that all matters of public business are attended to in a complete and comprehensive manner. The City Administrative Officer shall receive instruction on matters of City policy from the Council, and (s)he shall be responsible for executing Council policy in a forthright and effective manner. The City Administra- tive Officer shall inform the Council of absences of or gaps within City policy or of conflicts between policies and seek Council direction to resolve such problems. (S)he shall also determine whether or not a Council action, staff action, or any City project, program, or other endeavor is consistent with City policy and shall inform the Council of any inconsistency and his(her) recommendations for the correction thereof. The City Administrative Officer shall.exercise firm control-and authority over line departments, and shall make every effort to delegate to others details, lesser decision making, and other duties in order that (s)he may have more time to perform his(her) broad management duties. The City Administrative Officer shall keep the.Council informed of any potential problems in a manner which allows the Council to deal with those problems before the crisis state. The City Administrative Officer shall become involved in City programs, projects, and activities as they occur or need occur in the field. The City Administrative Officer is hereby,directed to.assume full adminis- trative control of City affairs in accordance with the provisions of the City Charter and such further direction as (s)he may be given by this Council from time to time as conditions change. City Council Minutes August 26, 1975 Page 6 On motion of Councilman Gurnee, seconded by Councilman Petterson the following resolution was introduced: Resolution No. 2877 (1975 Series), a resolution of the Council of the City of San Luis Obispo adopting Administrative Policy No. 2 I clarifying the powers, duties and responsibilities of the City Administrative Officer. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris The Council subcommittee then reported that their next step would be to delineate some of the responsibilities and particularly the relationship of the City Attorney with the various departments of the City and responsibilities thereto. X. At this time the City Council considered the resolutions submitted at the Channel Counties Division of the League of California Cities. On motion of Mayor Schwartz, seconded by Councilman Graham the Council supported the resolution of the City of Santa Barbara regarding the recommenda- tion to the Legislature and Public Utilities Commission that additional funds be made available to finance undergrounding public utility lines. Motion passed unanimously. Y. The City Council then considered various bills before the Legislature ' affecting the City Council, continued from the meeting of August 4, 1975. On motion of Mayor Schwartz, seconded by Councilman Graham that the City Council go on record opposing Assembly Bill 700, which would provide lifetime tenure for peace officers. Motion carried, Councilman Norris absent. On motion of Mayor Schwartz, seconded by Councilman Graham the City Council went on record opposing Assembly Bill 301, Public Safety Officers' "Bill of Rights." Motion carried, Councilman Norris absent. On motion of Mayor Schwartz, seconded by Councilman Graham that the City Council go on record supporting Assembly Bill 1485, Prohibition of Military Reserve "Double Pay." Motion carried, Councilman Norris absent. Z. The City Clerk reported that no bids had been received for WASTEWATER CLARIFIER EQUIPMENT. It was the feeling of the City Attorney that it would be useless to call for bids, and he recommended that the Administrative Officer be authorized to purchase the necessary equipment. On motion of Councilman Petterson, seconded by Councilman Graham that upon advice of staff it would be useless to call for bids, and therefore authorize the Administrative Officer to purchase the necessary equipment for repair and replacement of the primary classifer. Motion carried. ' Zi. The City Clerk presented a communication from Blayne Asher, member, Promotional Coordinating Committee, resigning as a member as he would be leaving the City of San Luis Obispo. His resignation was accepted by the City Council and the Council subcommittee was asked to proceed with interviewing the necessary replacements. City-Council-Minutes August 26, 1975 Page 7 Communication.. from. Charles.._ Dills,.. Chairman,_Citizens.Advisory_Committee, . informing. the. City. Council ._.•that_.Mis.... Barbara.. Kraus..- has._asked.._to..be. reinstated .as.a.member of—the Citizens. Advisory- Committee. ' Mr. Dills stated that Mrs. Kraus.. was.. appointed :- to_the_.Committee_.in :January, but :- she: was_ forced :to : resign_ shortl.y..- thereafter:...for. personal :.reasons.._ :_She now felt.-that she_would..be.. able ..to:.att end ...the_mee.tings. The . City. Council. also -referred -this .matter_to..the. Council- subcommittee for appointment.of_.members. 1 1 S. The.. City. Council. adjourned- to:.Executive..Session. The CounciI. announced -Lthe :.appo_intment. of. Jef fr.ey...Jorgenson..as-a-contract law clerk to-assist.-the..-City Attorney'.s.office..on.planning matters primarily from September.2_through..December :..31`,.:19.75:.. On-motion.-of Councilman:Gurnee, seconded.- by..Councilman:.Pe.tterson .... the ..following..resolution._was_ introduced: RESOLUTION- NO_ 287.5.,.a- resolution. adjusting.. the. 1975- 76­budget. Passed and adopted.- on..the following-roll_ call -vote: AYES: Councilmen...Graham,- ..Gurnee., - Petterson and.Mayor..Schwartz NOES:. None ABSENT:. Councilman Norris On motion of.Councilman..Petterson,.. seconded._ -by Councilman. Graham ...the..meeting adjourned.. to. 12:. 10.. p.m..,..Tuesday.,. September. 2,. 1975. .Motion .carried. . APPROVED: November.3, 1975 ..Fitzpatrick,.City Clerk