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06/24/19741 Pledge Roll Call Present: Absent: City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, June 24, 1974 - 7:30 p.m. Council Chambers, City Hall John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris, and Kenneth E. Schwartz None Present: J. H. Fitzpatrick, City Director; R. D. Miller, Chief of Police; A. J. Planning Director Clerk; William Flory, Park & Recreation Administrative Officer; E. L. Rodgers, Shaw, Jr., City Attorney; Robert Strong, 1. At this time the City Council held a public hearing on the adoption of the proposed 1974/75 City budget. Said public hearing continued from the June 17, 1974 meeting. Mayor Schwartz reviewed for the public the budget process to date, preparation of the budget by the City.,staff, Administrative Officer and department heads' presentation to the City Council and the many, many meetings held by the City Council in study of the proposed budget on a page -by -page basis. R. D. Miller, Administrative Officer, submitted a very brief overview of the accomplishments of the 1974/75 budget, reviewed the changes made by the City Council from the original budget, and stated that the total budget for 1974/75 as approved by.the City Council totaled $8,734,000. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed budget. Mayor Schwartz declared the public hearing closed. Councilman Gurnee stated that he felt.the proposed. 1974/75 budget in general was a good one for the City and felt that many pressing needs would be accomplished through the budget for the good of the citizens of San Luis Obispo. He stated that he was quite happy with funds that were set aside for the Planning-Commission, for the studies of the Planning Department and the consulting contracts, the amount of money allocated to the Human Rela- tions Commission for social service programs, most pleased with the amount of funds being put aside for modernizing the bookkeeping system and placing it on automatic data processing. He was also pleased with the bus system and the -water improvements, although he did question some of the Council's priorities in the Capital Improvement Program. He felt that in general a good budget was arrived at by consensus. He stated that he was still strongly opposed to the amount of money being spent by the promotional and advertising budget as he did not feel that the City had studied the cost of out -of -town promotion advertising. He felt that the amount of money in out -of -town advertising was too high and that, based on the present formula, continued to go up altrt*nomically He felt that, without a cost benefit study of out -of -town advertising, less money should be spent on this program. He also urged that the City Council take the following action: City Council Minutes June 24, 1974 Page 2 1) Approve a proposal to.amend the City Charter by adding Section 27 to the Charter, that no expendi- ture of City funds for City promotional purposes would be made without a vote of the people, and he asked that this be prepared for vote by the people in the 1974 November election. 2) He felt that the City tax.rate should be xeduced so that no additional.funds.would be raised due to the new 1974 increased assessed valuations. He felt that the City should only receive from. property taxes what was planned for in the budget and should not take advantage of the recent increase in County assessed valuations. He also.felt that the City. tax rate should be- reduced byjfive cents, which was the streambed portion of'the tax rate for the Zone 9..recently voted by the people on Measure.B. He urged his fellow councilmen to place the matter of the advertising expenditures on the November election, in order that the people of San Luis Obispo could be heard relative to this program. Councilman Norris stated -that he was in support of'the.budget as proposed by the Administrative Officer and amended by the City Council during the recent lengthy Council study sessions. He stated that he would support the budget as amended by the City Council, although he felt.there were several items in the budget that he disapproved of, he felt that the Council.had worked it out on a democratic basis.and that.he would go along with.the.majority of the Council. He then reviewed the.Capital Outlay budget that he could support strongly, but that he was not too pleased with the allocation of public funds in the Capital Improvement Bddget to purchase the Foothill'.Saddle,,Mount Bishop,.Laguna.Lake Park Development -and the Cerros.. He felt that there.'were greater needs in the community, for example, a civic auditorium which-would be used and needed by more people than the Laguna Lake Golf Course presently under considera- tion for purchase. He concluded that.he would rather see the City Council take care of what the City now owned in the park area than buy more park land.without any funds for construction, upkeep or.development. He was opposed to the reduction of the tax rate due to the extreme expenditures faced by the City Council in the water area'a]onr in.i.the next fiscal year. .Councilman.Brown stated that he was in support of the budget as developed by the City'Council in_a number of budget sessions. He also felt that .Capital Improvement Item No. 15.5 moved up by'the City Council,.the Meadow Park'Commun;ty Building, was much better than the Golf.Course as.far.as he was concerned._. He stated that he was opposed to the Charter amendment on promotion advertising and he felt it could be left to the initiative process. He felt the promotional advertising program was needed by the City and he too was opposed to a..cut in the tax rate at this time due to the large water expenditures anticipated in 1974/75 and the inflation that had hit these construction costs, although he.could support action.by the City Council to reduce the tax.rate in proportion to the increase assessed valuation.. Councilman Graham felt -the City Council had arrived at a..spending program over a number of weeks in arriving at the 1974 /75.budget. He felt that it was an" adequate program for the City and.that most of the objects needed doing at this time... He also felt that the Council had programmed an.adequate Capital.Outlay program and felt that in.the face of large Capital Outlay expenditures he did not feel that the City Council should consider reducing the tax rate at this time. He stated that he supported 1 I� 1 City Council Minutes June 24, 1974 Page 3 the promotional advertising budget and'also the large increase in the social services area. He would support purchase of the saddle and the Cerros, but he did ask the City Council to consider placing some funds in a reserve for the civic auditorium construction, whether it be at Cuesta College or in downtown San Luis Obispo. He felt a start should 1 be made on this project., Mayor Schwartz also felt that.the budget being proposed and presented to the public was a good budget for the.City. He felt -the budget would give a continued improvement to City services for the citizens of San Luis Obispo. He felt that the overall improvements to City facilities would be the best in the last few years. He again reviewed the expected high water expenditures.in the 1974/75 fiscal year to alleviate the moratorium in the Laguna Lake -Los Osos Valley area. He also felt that the City Council had presented a good salary and fiinge benefit. package for the employees of San Luis Obispo and also was supportive of the large amount of funds being set aside for planning studies. Mayor Schwartz continued that the overall Capital Outlay program would bring many needed improve - •,ments-to City facilities, but he disagreed with the proposal to reduce the City.tax rate in proportion to the tax rate for Zone 9 as he felt the City would be still spending fun" on'flood contiol items within the City which would not be affected by anything that Zone 9 would accomplish. He also disagreed with the proposal regarding the promotion advertising budget as he did not feel that anyone had ever appeared before-. the City Council objecting to promoting and advertising the City of San Luis Obispo. He stated he would support the final budget as approved by•the City Council. Councilman Gurnee again discussed his proposal to reduce the City tax rate in proportion to the increased assessed valuation and also in proportion to the Zone 9 increase, particularly for streambed clearance. He stated that if the City Council did not approve the change in the charter regarding the promotional advertising expenditures, he would get an ini- tiative from the.voters - and have:it presented to them for approval. Councilman Gurnee stated that he would make a..motion to adopt the 1974/75 budget.as prepared by.the City Council if the City Council would agiee to the following: 1), Approve a charter amendment regarding the promotional advertising aspects of the budget, 2) Adopt a.resolution to lower the rate..of the City tax in the same.proportion as the increased assessed evaluation, and _3), Reduce the,City tax.rate.by five cents, the proportion of the rate increase for Zone 9- attributable to stream- bed maintenance. . No second on Councilman Gurnee's motion. On-motion of- Councilman Norris, seconded by Councilman Graham, that the 1974/75 budget be approved as prepared by the City Council- subject to the addition of $10000 reserve fund for civic-auditorium development. Motion-lost on the following roll call vote: AYES: Councilmen Norris and Graham NOES: Councilmen Brown, Gurnee and Mayor Schwartz. ABSENT: None On motion of Mayor Schwartz, seconded by Councilman Graham, that the City Council adopt the 1974/75 budget as amended by the City Council. Motion carried on the following roll call vote: City Council Minutes June 24, 1974 Page 4 AYES: Councilmen Brown, Graham, Norris and Mayor Schwartz NOES:. Councilman Gurnee ABSENT: None On motion of Councilman Brown, seconded by Councilman Gurnee, the following resolution was introduced: RESOLUTION NO. 2627, a Resolution Tabulating Equipment Replacement Appropriations for 'the Fiscal Year 1974/75 and Total Accumulations -for Each Piece of Equipment. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Gurnee, Graham, Norris and Mayor Schwartz NOES: None ABSINT: None - ' On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced:' RESOLUTION 2625, a Resolution Authorizing Deposit of -City Funds for .Fiscal Year 1974/75 with United California Bank. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Gurnee, Graham, Norris and Mayor Schwartz NOES; None ABSENT: None 2. R. D. Miller, Administrative Officer, presented a communication from the County of San Luis Obispo stating that the proposed animal control contract or agreement for the County to take over the animal control in the County and City of San Luis Obispo was not ready and the program world not be ready for at least two months and suggesting that.the City Council of the City of San Luis Obispo contract with Wood's Animal'Shelter on 'a month - to -month basis for a period of time so that some animal control would be available to the people of San Luis Obispo. The County stated that the Humare Society's representatives reacted favorably to the request for extension -if the Cities would each make such a request. As.soon as the-County's program is. ready for presentation to the various City Councils, the County would come forward with such a program. On motion of Councilman Gurnee, 'seconded by Councilman Brown, the City Administrative Officer was authorized to ask for an extension of the contract with Wood's Animal Shelter for a two -month period of 1974. Motion carried, all ayes, no noes, none absent. 3. At this time the City Council considered a staff report.on the Edna Saddle Reservoir.Site.Preparation, bids received May 30; 1974.• The matter continued from the June 10 and 17, 1974 Council meetings. Mr. Wayne Peterson, Assistant Director of Public Works,'reviewed for the City Council communication from Penfield and Smith, Water Consultants for the City of San Luis Obispo for the Edna Saddle Site Preparation Program, which stated.that they had met with the low bidder, Madonna Construction Company, in an attempt to `,review a5d-.Teduce, if possible, various elements of the bid submitted by Madonna Construction Company. After meeting with A. Madonna, it was the impression of the consultants 1 1 1 City Council Minutes June 24, 1974 Page 5 ' the November lifting.of the moratorium. The matter of Item 3 was continued to special study session to be held on Friday, June 28, 1974. 4. The City Clerk reported that the City received one bid for a 1974 hardtop automotible for the Police Department from Stanley Motors for $3,584.08. R. D. Miller, Administrative Officer, explained that most of the companies could not bid due to the fact that the factories were going out of production for the 1975 models and recommended that the only bid of Stanlev Motors be accented. On motion of Councilman Norris, seconded by Councilman Graham, that the City accept the bid of Stanley Motor Company for $3,584.08. Motion carried. 5. The City Clerk reported that bids were to be opened for supplying polyethylene tubing for water mains and adhesive tape for joining the tubing at 3:00 p.m. on Monday, June 24, 1974, and that no bids.were received. 1. R. D. Miller, Administrative Officer, explained that subsequent to the time for opening bids an additional company, U.S. Pipe and Foundry, ' called and stated that they had been confused as to the time when the bids.were supposed to be. in and felt that they could meet the City specifications. After discussion by the City Council, on motion of Councilman Brown, seconded by Councilman Graham, that the Administrative Officer be authorized to get.quotes for the polyethylene and the tape from U.S. Pipe and Foundy and place the order if comparable to estimate. Motion carried. and City staff that Mr. Madonna was unwilling to.lower his contract prices. It was the opinion of the staff and consultants that the Madonna Construction Company and the Burke Construction Company bids were significantly higher than the value of the work to be constructed and coupled with Mr. Madonna's unwillingness to substantially lower his ' contract prices, they recommended that all bids on this project be rejected and that new bids be solicited as soon as possible. Further, their opinion that the rebid should be of a slightly modified project at the same time that the bid for the Los Osos Valley Old Town Pipeline Project was being bid, which might significantly bring in more out -of -town bidders on the project. They also suggested that a significant modification of the project would be a provision for the City to secure an off -site disposal area near the tank job site for placing of the surplus and unsuitable earth and rock. It was also felt that the deletion of the City requested Alternate 2 screening embankment would simplify the project in the bidders' eyes. The staff felt that the City Council should re- examine the need for the earth and screening embankment or for an alternate a much smaller combined earth and topsoil landscaped embankment as a partial attempt to cover the tank and hide it from view. The City staff reviewed with the Council various alternatives showing pictures of what could be done in attempting to get the price down on the site preparation plan. R. A. Paul, Water Department Director, stated that if they could proceed as rapidly as possible with new bids, that he felt the November, .1974, date which would raise the moratorium could still be met and that the final construction could be completed by March 1, 1975, all construction limitations could be limited following ' the November lifting.of the moratorium. The matter of Item 3 was continued to special study session to be held on Friday, June 28, 1974. 4. The City Clerk reported that the City received one bid for a 1974 hardtop automotible for the Police Department from Stanley Motors for $3,584.08. R. D. Miller, Administrative Officer, explained that most of the companies could not bid due to the fact that the factories were going out of production for the 1975 models and recommended that the only bid of Stanlev Motors be accented. On motion of Councilman Norris, seconded by Councilman Graham, that the City accept the bid of Stanley Motor Company for $3,584.08. Motion carried. 5. The City Clerk reported that bids were to be opened for supplying polyethylene tubing for water mains and adhesive tape for joining the tubing at 3:00 p.m. on Monday, June 24, 1974, and that no bids.were received. 1. R. D. Miller, Administrative Officer, explained that subsequent to the time for opening bids an additional company, U.S. Pipe and Foundry, ' called and stated that they had been confused as to the time when the bids.were supposed to be. in and felt that they could meet the City specifications. After discussion by the City Council, on motion of Councilman Brown, seconded by Councilman Graham, that the Administrative Officer be authorized to get.quotes for the polyethylene and the tape from U.S. Pipe and Foundy and place the order if comparable to estimate. Motion carried. City Council Minutes June 24, 1974 Page 6 6. Communication from S. L. Culwell, District Manager for Pacific Gas and Electric Company, requesting continuation by the City Council of an amendment to the underground utility ordinance which would permit the City to assess a two per cent inspection fee against utility companies whose work required services of a City inspector. The City Clerk also submitted a letter from L. A.. Balatti, - Manages ' of Pacific Telephone Company, asking for the same consideration that the City Council take no action on this modification .until the utility companies had an opportunity see the ordinance or resolution being con- sidered by the City Council. On motion of Councilman Gurnee, seconded by Councilman Graham, that the consideration of this modification to the underground utility ordinance be continued to July 15, 1974, and that the utility companies be given copies of the proposed ordinance. Motion carried, John Brown abstained due to possible conflict of interest. 7. Councilman Gurnee submitted a letter to the City Council re- garding a substantial amount of oil flowing through his and adjacent properties of Old Garden Creek at Broad and Murray Streets. He stated upon investigation that expended cans of fresh oil were thrown down into a pipe culvert in the Tropicana Village parking lot on Broad Street. He continued that this was the second disturbing pollution incident in this area in the last few months and that he had attempted over the months through various agencies, the Regional Water Quality Control Board, the Fish and Game Commission, the City of San Luis Obispo, to try and have this practice of dumping oil in the storm drains which ultimately got into the creeks causing not only damage in the creek but also to wildlife that use the creek as their home. He did not feel , that the citizens of the area could tolerate the situation any further, and he hoped that the City Council agreed and would come.up with a procedure to assure that future spills from Tropicana or other areas did not again happen within the City. He recommended that the City Council take the following action: 1) Bring public nuisance abatement procedures against the Tropicana Village complex. 2) Direct the City staff to review the Tropicana Village conditional use permit and to otherwise find a way to require that automotive repairs be banned on the property. 3) Require that any future oil spills that could be traced to an individual polluter be cleaned at the expense of the polluter, and prosecute the polluter via the Department of Fish and Game and the City Police Department. 4) Require that public nuisance abatement procedures be brought against the owner of any property where pollution originated as long as the property was developed to.a densi- ty greater than single family and the individual polluter was unknown, and require that the slick be cleaned up at the expense of the property owner. 5) Direct the City Attorney to prepare an ordinance requiring all ' establishments involved in the retail sale of oil and similar petroleum products to provide large drums or other waste receptacles for the disposal of used oil. �I I I 1 City Council Minutes June 24, 1974 Page 7 He urged the City Council to take some action. He then proceeded to show color slides and color pictures of the results of the last two oil spills in this little area of Old Garden Creek. A. J. Shaw, City Attorney, informed the City Council that he felt that this oil spill brought to the Council's attention by Councilman Gurnee did fit the provisions of the City's nuisance ordinance and based on the evidence presented at a public hearing the Council could order the correction of the nuisance. Councilman Brown agreed with the setting of a public hearing under the nuisance provisions so that the City Council could set remedies to correct this problem. Councilman Graham agreed with the public hearing but would like to take a milder approach to the resolution as submitted by Councilman Gurnee as he would like to punish the individual polluter but would not like to see property owners punished for something over which they had no control. Councilman Norris stated that he agreed with the setting of a public hearing but he did not know how to prevent this particular item from happening again and could not see how a property owner could be held responsible for something over which they had no control. Mayor Schwartz stated he too was in support of public hearing to analyze solutions to spill problems. Fuither, :he felt the staff should look into conditions of the use permit issued by the Planning Department in order to avoid future oil spills and pollution of the creeks. The City Council continued the consideration of the adoption of a resolu- tion of intention to set a public hearing to their meeting of Friday, June 28, 1974 at 12:00 noon so that the property owners would have an opportunity to be heard if they so desired. On motion of Councilman Brown, seconded by Councilman Graham, the meeting adjourned to Friday, June 28, 1974 at 12:00 noon. Motion carried. Approved: August 19, 1974 $. ZPATRICK, CITY CLERK