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.
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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.
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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
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