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Home My WebLink About03/17/1976MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MARCH 17, 1976 - 12:10 P.M. CONFERENCE ROOM, CITY HALL Roll Call PRESENT: Councilmen Gurnee, Norris, Petterson, Graham and 1 Mayor Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, Acting City Administrator /City Clerk; Art Shaw, City Attorney; D.F. Romero, Director of Public Services; Wayne Peterson, City Engineer; Paul Landell, Civil Engineer 1. Paul Landell, Jr., Engineering Department, presented a status report on Zone 9 following the action of the City Council on February`f 9. 1976, which defined the City Council's desires as to the desirable level of flood protection and the means of achieving it. This primarily concerned the area within the City limits. He stated that he submitted this motion and action to the Zone 9 governing board•and after two meetings, one of which involved a field trip of.the waterways system, the motion was accepted. The intent, of course, was for it to be submitted to the Board of Supervisors and forwarded to,George Nolte and Associates for their use in completion of the Master Drainage Plan. It was felt that the conditions established by the City Council should, in order to be consistent, include not only the areas within the City but the entire area of Zone 9. Also, the action should ' spell out the lines of responsibility as far as financial consideration was concerned.. He concluded that many of the Zone 9 Committee Members expressed concern about the implementation of the Master Drainage Plan with the adoption of a 100 year level of protection. Their feeling was that due to the consider- able cost of such a program and the fact that the benefit cost ratio was considerably less than 1.0, it would be a long period of time before any significant amount of work would be done. There was also concern that the voters be given an opportunity to express their feelings through the election process on the concept of 100 year level protection if it were to be done on other than an incremental basis. Paul Landell continued that he had met with Fish and Game Personnel to discuss the concepts and design constraints of the proposed Channel mod- ification in the area of the San Luis - Prefumo confluence and:the Fish & Game Environmental Services Engineer and the Area Biologist endorsed the concepts submitted by the City. The proposed channel modifications would include a minimum amount of disturbance to the stream bottom and involve widening on one or the .other stream banks depending upon alignment and the proximity of existing improvements. There would also be planned extensive landscaping of the construction area both for the purpose of bank stabilization -and environmental and aesthetic.effects. The major concern.of.the Fish & Game Commission.was. that the stream bed be in a shadow as much as possible in order to prevent the water temperatures from being elevated to the point where they were not compatible with fish life. The planting program which was- discussed was considered adequate and would provide a continuous park -like green belt in the creek area, much like it was now except that there would be access for maintenance roads and paths which would be constructed with the first stage of each increment and therefore it would be easier for the public to -enjoy these areas. On motion of Councilman Graham, seconded by Councilman Petterson, that the City Council approve in concept proposals submitted by the Zone 9 represent- ative.. Motion carried. City Council Minutes March 17, 1976 Page 2 2. D.F. Romero, Director of Public Services, submitted for the Council's consideration, the recommendations of the Mass Transportation Committee which required City Council approval. The Mass Transit Committee recommended to the City Council that Route 2 commence operation at 6 a.m., Routes 1 and 3 at 6:30 a.m. and that Route 1 continue operations until 7:20 p.m. in order to better serve extended class hours at Cal Poly. The Committee stated that the increased mileage implied by the extra hours of operation would cost $29.60 per day while Cal Poly was.in session. On motion of Councilman Gurnee, seconded by Councilman Petterson, that the City Council approve the recommendation of the Mass Transit Committee to extend the hours of service. Motion carried. 3. The City Council considered the plans and specifications for "WATERLINE IMPROVEMENT PROJECTS" Orange Drive and Story Street, City Plan No. 16 -76 and requested permission and authority to advertise for bids. The estimated cost of the project $28,815, funded in 1975/76 budget, Pre - 1942 system improvements. On motion of Councilman Gurnee, seconded by Councilman Petterson, plans' and specifications were approved and the staff was authorized to call for bids. Motion carried. 4. Memorandum from Robert Strong, Director of Community Development, requesting that the City Council consider a new approach to the Capital Improvement Program and that it be based on a 1976 -1981 plan with not only the actual capital improvements but the financing available and methods for making such improvements. He continued that the Planning Commission and Citizens Advisory Committee hoped that the City Council would approve this request and consider this very soon at a Study Session. The City Council continued the matter to a Study Session of March 22, 1976. 5. Wayne Peterson, City Engineer, submitted a petition from 14 property owners situated along McMillan Drive, Orcutt Road and Broad Street asking that the City Council reconsider the construction of improvements for sewer lines and laterals by special assessment and assessment bond acts and that the Council waive the proceedings under Division 4 of the Streets and Highways Code so that they could proceed with this project before the winter rains. On motion of Councilman Norris, seconded by Councilman Gurnee, that the staff prepare a schedule of what must be done to proceed with the forma- tion of a special assessment district to install sewer lines in the McMillan area. Motion carried. 6. Memorandum from Mayor Schwartz authorizing the Acting Administrative Officer J.H. Fitzpatrick to begin a search for a new full time City Attorney to replace Mr. Shaw who resigned. He suggested that the advertising start as soon as possible in order that the position could be filled. Mayor Schwartz stated that he felt that a full time Attorney was needed to keep the City on a sound legal basis and that a contract attorney might not be available when needed. Councilman Norris stated he would support a contract for legal services and would want some investigation on the comparative costs, services and results. Councilman Gurnee stated he would support a full time attorney for the City to handle the day to day legal matters of the City and to be avail- able to the Council on an 8 hour basis. Councilman Graham stated he also would support a full time attorney to handle the day to day legal services and to be available to the Council, staff and public on legal matters. Councilman Petterson stated he would support a contract legal service as he felt that the City would be better served with a contract firm than with a full time attorney doing non -legal work for the City. He felt that by having a contract service, the City would get more legal work done for their money. f C �I City Council Minutes March 17, 1976 Page 3 On motion of Councilman Gurnee, seconded by Councilman Petterson, that the City Administrative Officer be authorized to do the following: 1) authorize the advertising for a full time City Attorney state -wide; 2) investigate the trend in cities the size of San Luis Obispo as to whether they have contract attorneys or full time attorneys; 3) inform local legal firms of the possible contract for legal services for the City on a short term and a long term basis. Motion carried. All ayes. ' Councilman Gurnee left the meeting at 1:30 p.m. 7. The City Council considered Legislative Bulletin, League of California Cities, dated March 12, 1976 and in particular, discussed Senate Bill 1550 which was a proposal to make penalty assessments into a deduction against fines and forfeitures, which posed a threat to present city revenues by the State of California. The City Council went on record opposing Senate Bill 1550 and also Assembly Bill 3000, related to State control of disciplinary action over City peace officers. Staff was authorized to contact the City's representative in Sacramento making their desires known of the City. Councilman Norris left the meeting at 2:00 p.m. 8. Interim Report on the Information /Permit Center prepared by Henry Marquez, Special Assistant to the Administrative Officer, was continued to a later date. On motion of Councilman Graham, seconded by Councilman Petterson, the meeting adjourned at 2:15 p.m., March 17, 1976. NOVEMBER 16 APPROVED: , 1976 Fitzpatrick, City Clerk 1