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05/13/1974Pledge Roll Call ' PRESENT MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA MAY 13, 1974 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, .Administrative Officer; A.J. Shaw, Jr., City Attorney;.David Williamson, Assistant Administrative Officer; Wayne Peterson, Assistant .City Engineer 1. Assistant City Engineer, Wayne Peterson, presented for the Council's consideration plans and specifications for the LINCOLN -BROAD DRAINAGE IMPROVE- MENT PROJECT. Wayne Peterson presented the plans and.specifications explaining the scope of the project and.stated that it was estimated at $79,000 plus. On motion of Councilman Gurnee, seconded by'Councilman Norris that the plans and specifications be approved and that the City Engineer be authorized to proceed with advertising for bids. 2. ' Council consideration of'the proposed ordinance prepared by the ' Citizens' Advisory Committee on Conflict of Interest. Mr. Tim Beedle, Chairman, Citizens' Advisory Committee, and members Mrs. Nybak and Mr. Gruber appeared before the City Council presenting the recommendation of the Citizens' Advisory Committee. Tim Beedle reviewed the proposed ordinance section by section for the City Council's information. He stated that the reason for adopting such an ordinance was to encourage the independence, impartiality, and honesty of City officials and employees in all governmental actions and decisions; to inform citizens of the existence of personal economic interest which may present a conflict of interest between the official or employee's public trust and private gain; to prevent public office from being used for personal gain other than the remuneration provided by law; to assure that governmental decisions and policy be made in the proper course according to the proper procedures and considerations; to prevent special interests from influencing governmental decisions and policy to their benefit; and to assure, to the extent possible, that governmental policy and decisions reflect the public interest. The objectives of the proposed ordinance was to help officials and public employees achieve the following standard of conduct: That as far as the public is concerned, it judges its government by the way its officials and employees conduct themselves in the posts to which they have been appointed, the people have a right to.expect' that each official and employee will conduct himself or Herself in a manner that will tend to preserve public confidence in and respect for the government entity or agency which he or she represents. Such confidence and respect can best be promoted if every official and employee, whether elected or appointed, will uniformly treat all citizens with courtesy, fairness, impartiality, and equality under the law and avoid both actual and potential conflicts between their private self - interest and the public interest. He then reviewed sections on definitions dealing with the proposed ordinance. He reviewed the conflict of interest and code'of'ethics provisions, disclosure of interest, theot,Ficials who were expected to comply, the need for an ethical review board, their duties and responsibilities, and enforcement of the proposed ordinance. City Council Minutes May 13, 1974 Page 2 A.J. Shaw, City Attorney stated that he felt that the Citizens' Advisory Committee's proposed ordinance was legal and felt that all proposals of conflict of interest, code of ethics, etc., although he did feel there might be some problems with the ethical review board provisions and the penalties imposed by them. The City Council and the Citizens' Advisory Committee members present then reviewed the proposed ordinance section by section with questions to the .members. After review of the entire.ordinance, it was a common consent of the Council that the Citizens' Advisory Committee review the proposed ordinance in light of this evening's discussion, review with the City Employees' Association any input they may have and bring back whatever recommendations the Citizens' Advisory Committee felt would be appropriate in. this area. Mayor Schwartz thanked the Citizens' Advisory Committee members for their hard work in arriving at this.very difficult recommendation. The Mayor declared a recess at 9:50 P.M. The meeting reconvened at 10:00 P.M. with all council members present. 3. The City Attorney reviewed for the City Council a number of legal memorandums on various subjects for their consideratbon. A. Garage .Liens for Storage, April 29, 1974 - received and filed. B. (1) Physical Standards for Police Officers must be "Job Related." (2) Police Officer Positions must be open to Men add Women,— dated April 23; 1974 - was referred to the Administrative Officer. C. Vallejo Firefighters Case; Negotiations with Employee Organizations as to Facilities and Plumber of Personnel, April 23, 1974 - was ordered received and filed. D. Zoning Decision by Supreme Court, April 2, 1974 - was ordered received and filed. E. Police Officers, Sex Discrimination, March 26, 1974 - was ordered received and filed. F. City Ordinance Regarding Financial Disclosure = was ordered received and filed. G. Decision by California Supreme Court Increasing Legal Burden of City, March 29, 1974 - was ordered received and filed'. H. S.B. 716; S.B. 1340; Financial Disclosure by City Officials, March 28, 1974 -'was ordered received and filed. I. Sign Ordinance, March 14, 1974 - was ordered received and filed. J. Duty of State Agencies to Consider Effect of their Actions upon the Environment, January 31, 1974 - was referred to the City Attorney and the Assistant Administrative Officer. K. Trial Court Decision in the Petaluma Case, January 18, 1974 - was ordered received and filed. L. Minor Subdivisions, January 17, 1974 - was ordered received and filed.' M. Sidewalks and Curbs for "Public Use" constructed for accessibility by Physically Handicapped, May 6, 1974 - was.ordered received and filed. 1 1 City Council Minutes May 13, 1974 Page 3 4A. Status Report FLOOD CONTROL ZONE 9. David Williamson, Assistant Administrative Officer, reported on progress of the Zone 9 Advisory Committee and the work program that they are preparing for the Zone's consultant to prepare a complete study of flood control and flood problems within the Zone 9 area. The contract will not be developed prior to the June 4, 1974 primary election, at which the tax rate for the Zone 9 operation would be voted by the people. The matter was continued to ' the May 20, 1974 meeting for consideration. 4B. Councilman John C. Brown reported to the City Council on the progress of the transportation study being made for the County of San Luis Obispo by a consultant through the City /County Planning Group for a comprehensive trans- portation plan for the City. Wayne Peterson, Assistant City Engineer, reported to the City Council on the City's bus system and its operations to date. 4C. Richard D. Miller, Administrative Officer, reviewed for the City Council the animal control program and shelter service being considered by the County Board of Supervisors for implementation on July 1, 1974. He stated that the County Board of Supervisors and the Wood's Animal Shelter are trying to come to some agreement whereby the County would handle the receiving and the controlling of animals and the Humane Society would contract for housing, caring and disposing of the animals picked up by the control officers. He stated that as soon as the County had come to a conclusion on a program, he would ask representatives from the County to come to the City Council and present the entire package. 4D. A report on pending legislation by the City Clerk, J.H. Fitzpatrick was continued to a future meeting. 4E. The 1974/75 budget proposals for Council review was continued to a later meeting. ' 5. Communication from the City Engineer forwarding a memorandum regarding an estimate from the Singer Traffic Information System for correcting the Foothill Boulevard - Chorro Street - Broad Street intersection traffic signals. It was their estimate that the parts and labor to perform the modification would be $1,683.00. The modifications proposed would change the signal from a seven -phase operation to five phases. The existing fire pre -empt would remain. The City Engineer recommended that the City Council authorize the Singer Corporation to make the changes under question as he felt this would make a much smoother and a quicker operation at this intersection. The City Council approved the recommendation and authorized the City Engineer to proceed. 6. The City Engineer submitted a communication through the Administrative Officer for permission to immediately start consultant studies as part of the Regional Water Quality Control Board Discharge Requirements from the City Sewage Treatment Plant, and he requested permission to solicit a proposal from John Jenks to be submitted at a future City Council meeting. By common consent of the Council, the City Engineer was autho -vi=ed to solicit a proposal from John Jenks of Jenks and Adamson for a study of the requirements of by- passing raw sewage to San Luis Creek which must be made prior to September, 1974. 7. The City Council adjourned to Executive Session. 8. On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned to 12:15 P.M. on May 17, 1974. Motion carried. APPROVED: August 5, 1974 F J-eTo ATRICK, CITY CLERK