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HomeMy WebLinkAbout10/08/1973MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA October 3, 1973 - -7:30 P.M. City Hall Pled e Roll Call Present: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris and Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, City Administrative Officer; A. J. Shaw, Jr., City Attorney; David Williamson, Assistant Administrative Officer; W. E. Flory, Parks and Recreation Director; Police Captain Englert; City and Planning Director, Young; and R. A. Paul, Water Department Director Mayor Schwartz introduced County 4 -H Club who presented the colors and led the pledge of allegiance. On motion of Councilman T. Keith Gurnee seconded by Councilman Myron Graham specifications for new replacement vehicles were approved and the Administrator was authorized to advertise for such vehicles. C -2. R. Young, Director of Planning and Building, presented a recommendation for the City to rebid Meadow Park construction, phase III. He stated that after the last bid when only one bid was received that the bidding had received very little response from local con- tractors because many contractors were too busy to submit bids, some had forgotten about the bid date, and other contractors felt that the project was too complicated because of the diversity of work to be done. He stated that several contractors would bid on the grading and concrete portion of the contract but they had no experience in the play equipment. Conversely, some landscape contractors expressed an interest in the landscaping and play equipment but were not interested in the heavy grading and concrete portions. Therefore, the staff recommended that the project be let in two separate bids. Mayor Schwartz then read a proclamation proclaiming 4 -H Week in San Luis Obispo County. Representatives of 4 -H stated that they planned to serve cake and coffee at the City Council break. C -I. Administrative Officer Richard D. Miller presented for the Council's consideration specifications for the purchase or replace- ment of nine pieces of automotive equipment. Five of the units represented additions to the fleet. One police car was recently wrecked and it was deemed more beneficial to trade in as is rather than repair it. Three of the units were replacement items. Mr. Miller continued that the bids were being called early in the fiscal year rather than later in order to replace some of the vehicles before the mileage became too high. He stated that this year the Police Chief had invited all dealers in the City to attend a conference which was for the purpose of reviewing car specifications not only for all City cars but for pick -ups. And he felt that this was a bet- ter approach to have the dealers involved before calling for bids than to have any problems later. He concluded that if the City Council concurred, he would like to advertise immediately and open bids on Wednesday,.October 31, 1973; so that the City Council could have a report at their regular meeting of November 5, 1973. On motion of Councilman T. Keith Gurnee seconded by Councilman Myron Graham specifications for new replacement vehicles were approved and the Administrator was authorized to advertise for such vehicles. C -2. R. Young, Director of Planning and Building, presented a recommendation for the City to rebid Meadow Park construction, phase III. He stated that after the last bid when only one bid was received that the bidding had received very little response from local con- tractors because many contractors were too busy to submit bids, some had forgotten about the bid date, and other contractors felt that the project was too complicated because of the diversity of work to be done. He stated that several contractors would bid on the grading and concrete portion of the contract but they had no experience in the play equipment. Conversely, some landscape contractors expressed an interest in the landscaping and play equipment but were not interested in the heavy grading and concrete portions. Therefore, the staff recommended that the project be let in two separate bids. City Council Minutes October c, 1973 Page 2 Job 1 to include grading, concrete work, paving, etc. Items one through nine and thirty -six of the original bid summary, and Job 2 to include the balance of the projects, items 10 through 35. Revised plans and specifications would be prepared by the Planning Department with inspection to be conducted on the job by the Planning Department personnel for Job 2 and inspection on the job to be performed by the Engineering personnel for Job 1. They also recommended that the proposed custom play equipment be deleted and replaced with premanufactured timber units to be installed by the contractor. The selection of the premanufactured units to be sub- ject to the approval of the Design Review Board. On motion of Councilman Mvron Graham, seconded by Councilman Brown, that the City staff be authorized to rebid: the project in two phases, but that as alternates the custom play equipment stay in the speci- fications with the City to decide at the time of bid opening if they wished premanufactured or custom play equipment. Motion carried. AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse E. Norris and Kenneth E. Schwartz NOES: None ABSENT: None I. At the request of the County of San Luis Obispo, the City Council started preliminary discussions on the proposed Nacimiento Water Supply Project, and what if any, the City of San Luis Obispo's participation would be. Clint Milne, Assistant County Engineer reviewed the County of San Luis Obispo Master Plan for water development and the priority established by the County. He continued that the first project to benefit and first priority of the County was the Nacimiento Project with a total of 17,500 acre feet available to the County of San Luis Obispo annually. The second priority would be the California Water Plan, the Coastal Aquaduct with 25,000 acre feet potential. He stated that the County representatives were now talk- ing to all potential users of water from the County Master Plan and after studying the County's need and the County water agencies desires then the County would contract for specific amounts of.water for delivery at a specific date. He.then,reviewed the time schedule for completion of the water plan and actual delivery of water. He felt that including the necessary election for the financing of the project, it would really be 1980 before actual water could be delivered, although he stressed the need for some decision before that time by the agencies who needed the water. He also felt that all water users should make a decision on the,type of agency they wished to operate the water system;.whether they wished the County to operate it through the Water Conservation District or whether a smaller agency or a Municipal type agency should be initiated to handle the County plan. Mr. Wally Burt, Project Engineer for the County Water Plan, then reviewed the main features of the Nacimiento Plan and also the main features of the California water plan.and how it affected the various parts of San Luis Obispo County. It was his opinion that the City of San Luis Obispo would need an additional 3,000 acre feet of water through the year 2000. -He also felt that at the present time they were estimating a cost of $63.00 per acre foot delivered to the-Whale Rock Reservoir, for the total 15,000 acre foot to be contracted for. He also stated that the County must negotiate with the Whale Rock Commission of which the City was a part owner as an integral part of the water distribution system from Nacimiento and even from the State project would be using storage at the Whale Rock Reservoir. 17Li 1 City Council Minutes October 8, 1973 Page 3 The City Council discussed with the County representatives various aspects.of the proposed Master Plan for water with emphasis on Nacimiento sources rather than the.California Water Plan Coastal Aquaduct. The Mayor called a recess at 8:35 P.M. The meeting reconvened at 8:50 P.M. with all Councilmen present and a hearty thanks to the 4 -H Club for supplying excellent cake! The City Council continued their discussion with County representa- tives regarding the County Master Water Plan, Nacimiento versus the State Plan. The matter of the Master Water Plan was continued to further meetings after staff study and a meeting of the Whale Rock Commission. 2. The City Council again continued their consideration of their proposals for a Joint Powers Agreement for operation and control of a flood control zone. See October I, 1973 letter from Arthur Shaw, City Attorney on the various agreements. A. J. Shaw, City Attorney again reviewed provisions of Exhibit "A ", "B" and SCIO -3 for the City Council which are all amendments to the original joint powers agreement. Councilman-Brown stated that he was in support of the SCIO -3 proposal and would agree with an Advisory Board concept for the project. Councilman Graham stated that he would feel better with a task force option, but that he could support SCIO -3 in order to get the County's cooperation, form the district and get to work. Councilman T. Keith Gurnee stated that he was opposed to the City's abdication of responsibility to control floods within the San Luis Obispo area. He felt that the City should take a strong stand on the task force concept and that if the Supervisors did not wish to proceed, then the City.should develop..a flood.control district of its own, manage it and operate it and protect the City to the best of its ability. He continued that he was opposed to the watered -down version under consideration for the development of flood control projects and felt that no.election of authorized spending of money should take place unless the -City had some say in the control of the project being built by.the zone. He again urged-the City Council to stand up and get back to.the original conditions of the Joint Power Task Force.Agreement. Councilman Jesse E. Norris stated that he was in support of a pro- posed amendment entitled SCIO -3, in order to get moving on flood control studies and corrections to flood control damage. City Council again discussed with the City Attorney, A. J. Shaw, Jr., the detailed wording of the.agreement numbered.SC10 -3. Mayor Schwartz felt that he could and would support the Council's original Joint Powers proposal for the flood control zone. But he felt that it was his impression that the County Board-of Supervisors would not buy this and he was willing to accept a more diluted proposal of an advisory board in order to proceed with the formation of the flood control zone. He then reviewed paragraph by paragraph the amendments in Exhibit SC10 -3. Clint Milne stated.that it has been his feeling that in.order to form the flood control zone, a Master Plan should first be prepared and Stream Maintenance Programs should be started. After that, Master Planning projects could be established and taken to the people to approve.bonds.for construction. And he was sure that the voters of San Luis.Obispo would control the project by their vote rather than.the resi.dents.in the unincorporated area. Mayor Schwartz again reviewed.for the City Council the action open to them involving the Joint Powers of Agreement dealing with the City Council Minutes October 3, 1973 Page 4 formation of a flood control zone. First, the tough joint powers agreement -or the watered -down "A "; "B" and ''SCIO =3" options. Councilman T. Keith Gurnee stated that he would urge his fellow City Councilmen to take steps to ask the legislature to form a flood control district without being under the board of supervisors or the flood control district. He felt that the Council should take a strong stand in order to protect its own City. The City Council continued its discussion of the best method to let the Supervisors know the Council's feeling on the formation and control of a flood control zone. Moved by Mayor Schwartz that the City Council reaffirm its original joint powers.agreernent as amended by his SCIO -3. Further that the City Council send the Supervisors a cover letter for their consideration asking Supervisors:to study their proposals and 1) notify the C,ity.if:they accept or do not accept the proposal; 2) If not, would they accept a modified agree- ment presented by the Joint Staff; or 3) Do they wish to have no Joint Powers Agreement at all? After further discussion, the.motion was withdrawn and the matter was continued for further consideratioh.by the City Council. 3. Councilman T. Keith Gurnee submitted a report requesting that the City Council adopt spending policy for members of the City Council. He said that at the present time,. City Council Members were.reimbursed when they incurred expenses in the conduct of City business. By and large, City-Councilmen had'used this policy conscientiously for legitimate City expenses, but he believed that without a policy this could be abused and even if not abused could be suspect. He felt that the City Council should adopt procedures and standards for all the Council to abide by on expenses while representing the City. He felt that each time an individual Council- man incurred expenses in the conduct of legitimate City business, he should make a request for reimbursement to the City Council giving the name, date and location of the meeting or function, purpose, people attending the meeting, :.why the City Council Member attended and an explanation of the City business discussed and transpired during the function-. His,request could then be approved by the City Council under Claims against the City as a consent item. He felt that events, meetings or other functions which the Council might or did attend as a whole, or Council and sub - committee meetings with Commissions and functions where the Council appointed one or more members as designated representatives, would be exempt from this procedure. He felt that standards should be developed for permissible City expenses by members of the City Council. He felt there was no ques- tion for reimbursement of justifiable City expenses but that the distinction must be made between official City business and those of a social nature. In conclusion, he continued he was.not trying to nitpick or put any individuals in a bad light but.his aim was to recognize a vacuum in the area of a policy for public spending and:establish official policy to a) safeguard the public's money;.b) to provide guidelines where none existed; and c) to protect the Counci.1 by providing answers to its members as to what constituted legitimate City expense. He suggested that this matter could be referred to a Council sub- committee to come up with guidelines. Mayor Schwartz felt that the City Council should formalize any reimbursement of expenses that they requested on City business so that the expenses could be documented if anyone inquired. He also agreed that the Council should adopt reasonable guidelines for reimbursement of out -of- pocket expense on City business. He suggested that the City Council ask the Staff to work up some proposals for the Council to adopt for future expense reimbursements. Councilman Brown agreed.with the Mayor's suggestion for the staff to prepare guidelines, for Council consid- eration. He felt Chamber of Commerce dues were not legitimate expenses for the City. 1 1 1 City Council Minutes October 3, 1973 Page 5 Councilman Graham felt that each Councilman should be reimbursed for out of pocket expense when on City business. R. D. Miller, Adminis- trative Officer reviewed for the City Council past City policy on reimbursement of expenses for City Councilmen and the Mayor. Councilman T. Keith Gurnee disagreed with the recommendation that the Staff come up with guidelines for the City Council's expenses. He felt that this was a Council matter and did not involve staff and he felt the matter should be resolved by the City Council. Councilman Norris stated that he too was in favor of Staff recommen- dation to establish guidelines for expenses. Mayor Schwartz asked Richard D. Miller, Administrative Officer, to prepare draft guidelines on expenses for City Councilmen. On motion of Councilman Gurnee seconded by Councilman Graham that the City deny payment of Chamber of-Commerce dues for Councilman Norris. Motion carried. AYES: John C. Brown, Myron Graham, T. Leith Gurnee, Jesse E. Norris, and Kenneth E. Schwartz NOES: None ABSENT: None 4. Reviewed by the City Council of matters relating to the League of California City Conference such as (1) action plan (2) League resolutions were continued to an adjourned meeting of October 10, 1973, 12:00 P.M. ' S. Communication from the Economic Opportunity Commission of San Luis Obispo County, ..i.nforming the City Council that the Board of Directors of the Economic Opportunity Commission had now been reduced and that each City would only be allowed one representative on a rotating basis. The EOC decided to request that.San Luis Obispo be the first City represented for the.first year. They asked the City Council to adopt one of its members to represent it on the EOC Board. With approval of the City Council, Mayor Schwartz appointed Councilman T. Keith Gurnee to be this year's representative to the Economic Opportunity Commission. On motion of Councilman Brown seconded by Councilman Graham, the meet- ing adjourned to 12:00 P.M., October 10, 1973. APPROVED: January 21, 1974 ATRICK, CITY CLERK 1