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HomeMy WebLinkAbout06/12/2012MINUTES SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 12, 2012 5:30 P.M. SPECIAL MEETING 7:00 P.M. REGULAR COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan. Carpenter, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Sheryll Schroeder, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION City Attorney Dietrick announced the following Closed Session topics; CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (c) One (1) potential case, CBS Outdoor Incorporated CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(1) One (1) potential case, a title dispute over APNs 053 - 152 -007 and 053 - 152 -008, Calle Joaquin open space parcels PUBLIC COMMENT ON CLOSED SESSION ITEM: Mayor Marx called for public comments. None were heard and the Council adjourned to the Closed Session. All Council Members returned from Closed Session at 7:00 p.m. ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter, and Mayor Jan Marx City Council Meeting Minutes Page 2 June 12, 2012 City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Sheryll Schroeder, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE The Pledge was. provided by Council Member Ashbaugh. CLOSED SESSION REPORT City Attorney Dietrick announced that there were no reportable actions from either Closed Session items. PRESENTATIONS Vice Mayor Carpenter presented Crissa Hewitt, representing Guy Rathbun, Public Radio Broadcaster, a Proclamation. Mr. Rathbun arrived and thanked the City for the recogniation. APPOINTMENT Al. APPOINTMENT TO THE HOUSING AUTHORITY BOARD ACTION: Motion by Council Members Ashbaugh /Smith to appoint Patricia Souza as the senior tenant representative to the Housing Authority Board for a term to begin on June 12, 2012, and expire on March 31, 2013. PUBLIC COMMENT (Items not on the agenda) Gary Fowler, San Luis Obispo, spoke regarding an item from last meeting pertaining to a requirement for fire inspections, which he said was not mandatory. He requested the City Attorney clarify the issue, which Council agreed to staff responding. Jim Griffin, spoke regarding homelessness and possible solutions. Don Hedrick, San Luis Obispo, spoke about investment of city funds and homelessness. f C C City Council Meeting Minutes Page 3 June 12, 2012 Trina Blanchette, San Luis Obispo, read a newspaper article on homelessness and police enforcement. Derek Johnson replied to the speaker noting that CAPSLO had a neighborhood policy regarding loitering near Prado Day Center. He said the rule was that if clients violated rules, they could not participate in plan for a limited amount of time. Will Powers, San Luis Obispo, spoke about the lack of transparency in the city government and the membership of the Land Use and Circulation Task Force. CONSENT AGENDA ACTION: Council Members Carter /Ashbaugh to approve Consent Calendar Items C1 and C2. Roll Call vote:5 -0. Motion Carried. C1. LAGUNA LIFT STATION REPLACEMENT PROJECT — SPECIFICATION NO. 91116. ACTION: 1) Approve plans and specifications for the Laguna Lift Station Replacement Project, Specification No. 91116. 2) Authorize staff to advertise for bids. 3) Authorize the City Manager to award the contract. if the lowest responsible bid is within the Engineer's Estimate of $525,300 C2. CANCEL JULY 3, 2012 COUNCIL MEETING, ADD NOVEMBER 7, 2012 TO THE MEETING SCHEDULE AND REINSTATE DECEMBER 18, 2012 MEETING. ACTION : Cancel the Regular City Council Meeting of Tuesday, July 3, 2012, call a special meeting for November 7, 2012 and reinstate the regular meeting of December 18, 2012. PUBLIC HEARINGS PHI. APPEAL OF TREE COMMITTEE DECISION TO APPROVE A TREE REMOVAL APPLICATION AT 1082 SAN ADRIANO. Director of Public Works Walter and City Arborist Combs presented the staff report and responded to Council comments. Various Council Members asked questions and commented on the item, noting they had gone to the location to look at the situation. Mayor Marx open public hearing. PUBLIC COMMENTS City Council Meeting Minutes Page 4 June 12, 2012 Julie Merrill, San Luis Obispo, appellant, said the tree was planted in 1972, adding that type of tree lived to about 108 years of. age and that many of the neighbors wished to preserve the tree. Kenneth Maier, ownere of the property, said the root system was exposed, the sprinkler system had been ruined, and it was creating a hardship. Tom Robinson, San Luis Obispo, said he felt it was a healthy tree, expected to live many more years. He explained that the property was a rental and never landscaped, the roots had cracked the driveway and street but.could be cut at the driveway line. Sally Campbell, San Luis Obispo, noted that all the other trees planted at the same time have died due to disease, there were only two left. She expressed that 40 year old trees could not be replaced. Lacey McCrigler, San Luis Obispo, said the tree was a part of the neighborhood and Santa Barbara had the same type of trees which they pruned the roots. Connor Hall, San Luis Obispo, said he grew up in neighborhood and had fond memories of the area. Jeff Specht said most of houses in neighborhood had the same tree planted when it was built but most of the neighbors took them out. He pointed out the damage that the tree has caused to street and he felt it was dangerous. Lori Hackett said she grew up in the house and hated to see it removed but it was beginning to create a cost on her parents and she said she was concerned about the liability and hazard. Jane Pomeroy encouraged the City to keep the tree. Will Powers, San Luis Obispo, expressed concern over the number of trees the Tree Committee was approving for removal. He said he wished to see the tree kept and maintained. Hearing no further testimony, Mayor Marx closed the public hearing. Council Member Ashbaugh said he usually deferred to property owners wishes but in this case, he must support preserving the tree. Council Member Carter noted it was a difficult balance to make the decision but he would have to support removal of the tree. Council Member Carpenter empathized with the neighborhood and said he felt the damage was irreversible and would support staff recommendation. City Council Meeting Minutes June 12, 2012 Page 5 Council Member Smith expressed that it was a difficult decision, that the community cared about trees. Mayor Marx said it was a difficult case and she would support appeal. ACTION: Motion by Council Members Carter /Carpenter to: adopt Resolution No. 10367 (2012 Series) denying the appeal of the Tree Committee's decision to allow the removal of a pine tree at 1082 San Adriano. Roll Call vote: 3 -2. Council Member Ashbaugh and Mayor Mark opposed. Motion Carried. PI-12. RENEWAL OF AGREEMENT WITH CAL POLY REGARDING WATER AND SEWER RATE SETTING. (MATTINGLY /HORTON) —15 MINUTES Utilities Director Mattingly and Water Division Manager Horton presented the staff report and responded to Council comments. Mayor Marx opened the public hearing. Hearing.no comments, Mayor Marx closed the public hearing. ACTION: Motion by Council Members Ashbaugh /Smith to approve and authorize the Mayor to execute the updated agreement with California Polytechnic State University regarding water and sewer rate setting. Roll Call vote: 5 -0. Motion Carried. PI-13. FY 2012 -13 WATER FUND REVIEW. Utilities Director Mattingly, Water Division Manager Horton, and Interim Senior Administrative Analyst Head presented the staff report and responded to Council comments. Mayor Marx opened the public hearing. Hearing no testimony, Mayor Marx closed the public hearing. Council Member Carter asked why the sewer fund balance was so high. Utilities Director Mattingly responded that the fund had a 20% reserve policy like the general fund, adding that staff would be reviewing where or not that was appropriate for sewer and water funds. She said it probably should be more and it was assessed. Council Member Carter asked how the telemetry system saved the City money and Water Division Manager Horton answered that it increased efficiency and allowed for real time control of the pumping system and tank monitoring. Council Member Carter, regarding the contract with CalPoly, said the decreased of about $300,000 was a significant decrease, which concerned him. He referred to an analysis he had prepared and asked why the rates had not gone down when they were forecast to be reduced in certain years. City Council Meeting Minutes Page 6 June 12, 2012 At this point in the meeting, 9:15 P.M., Council took a break and at 9:25 P.M., all Council returned to open session. Council Member Smith said she voted no on a water fund increase when the two year budget was approved, she was not pleased with a 9% increase and she would be voting no on that item. Council Member Ashbaugh moved to approve PH3, items 1 through 3. Motion died for lack of a second. ACTION: Motion by Council Members Ashbaugh /Carter to: 1) Review and accept the FY 2012 -13 annual Water Fund financial review. Roll Call vote: 3 -2. Council Members Carpenter and Smith opposed. Motion Carried. ACTION: Motion by Council Members Ashbaugh /Carter to: 2) Conceptually approve the 2012 -13 Water Fund budget, with final action on June 19, 2012 with the adoption of the 2011 -13 Financial Plan Supplement and 3) Authorize the addition of the Utilities Business Manager position. Roll Call vote: 5 -0. Motion Carried. ACTION: Motion by Council Member Carter /Ashbaugh to 4) Adopt Resolution No: 10368 (2012 Series) revising water fixture and meter charges based on current material costs. Roll Call vote: 5 -0. Motion Carried. BUSINESS ITEMS B1. FY 2012 -13 SEWER FUND REVIEW. Utilities Director Mattingly, Wastewater Division Manager Hix presented the staff report and responded to Council comments. PUBLIC COMMENTS ON BUSINESS ITEM B1: None. Council Member Carter asked the game plan for the Water Reclamation Facility Energy Efficient Project and Manager Hix answered on a large capital improvement project staff would normally bring a request to Council, but they did not feel they had enough information for that to occur that without a capital improvement request, it was not shown in the fund. The resolution before Council would be appropriate to get preliminary loan information for the project and return to Council in November. Council Member Ashbaugh suggested the. third whereas clause the word assessment should be changed to analysis, "Investment Grade Analysis ". City Council Meeting Minutes June 12, 2012 Page 7 Council Member Ashbaugh moved approval of Item_ B1. Motion died for lack of a second. Council Member Carter noted that 15 to 17 years was a long payback time. Council Member Smith said she would vote no on rate increases. ACTION: Motion by Council Members Carter /Ashbaugh to: 1) Review and accept the FY 2012 -13 annual Sewer Fund financial review. Roll Call vote: 3 -2, Council Members Carpenter and Smith opposed. Motion Carried. ACTION: Motion by Council Member Carter /Ashbaugh to: 2) Conceptually approve the 2012 -13 Sewer Fund budget, with final action on June 19, 2012 with the adoption of the 2011 -13 Financial Plan Supplement; 3) Authorize the addition of a Utilities Business Manager position; 4) Approve the amended Capital Improvement Plan; and 5) Adopt Resolution No: 10369 (2012 Series) - Water Reclamation Facility (WRF) Energy Efficiency Project communicating the Council's preliminary support for initial loan and grant, application processing. Roll Call vote: 5 -0. Motion Carried. 132. . - TRANSIT ENTERPRISE FUND REVIEW 2012. Director of Public Works Walter, Deputy Director of Public Works Bochum and Administrative Analysis Mudgett presented the staff report and responded to Council comments. Council Member Ashbaugh said he was looking for ways to get fare box ratio back into line. He asked if there was a possibility that the Federal Transit Authority would not approve the short range allocation plan. Finance Director Bourbeau noted the short range transit cost allocation plan must be approved by the FTA and Council. He said an outside consultant was used to complete the new cost allocation plan as a result of concerns the FTA had on the previous plan. He said he did not anticipate any problems with approval of the plan itself, the concern was the reduction of the ratio of fare box revenue. Mayor Marx asked if the RTA use the same formula that is applied to the City's system. She said there was a county -wide report on fare box ratio and the City was recorded as meeting the fare box ratio. Deputy Director of Public Works Bochum responded that this was more recent information than the SLOCLOG study that was conducted about 3 months ago. None. �l PUBLIC COMMENTS ON BUSINESS ITEM 132: City Council Meeting Minutes Page 8 June 12, 2012 Council Member Carter said it was clear from the staff's report that the City has slipped below the fare box ratios and at some point Council would have to look at fare increases or service reductions. ACTION: Motion by Council Members Smith /Carter to: 1) Review and accept the 2011 - 12 Transit Enterprise Fund analysis. 2) Conceptually approve the 2012 -13 FY Transit Enterprise Fund budget, with final action on June 19, 2012. Roll Call vote: 5 -0. Motion Carried. B3. PARKING FUND REVIEW 20.12. Director of Public Works Walter and Parking Services Manager Horch presented the staff report and responded to council comments. Council Member Carter asked for the rational of rotating the Deputy Director's responsibilities on an interim basis between three employees instead of having just one employee fulfill those responsibilities. Director Walter responded since staff was not sure of the duration of the vacancy and staff felt with augmentation of resource help they could continue the rotation. Council Member Smith asked the original prediction of payoff for the credit card meters. Parking Services Manager Horch answered it was 7 months. City Manager Lichtig added that she did not want the impression that the program was paid off in 3 months, the net increase associated with the additional revenue from the credit card parking meters has not caused the City to have paid off the meters at this point in time. While there has been a significant reduction in the payback period, they are not yet paid off, she clarified. Council Member Smith, referencing Page 133 -9, asked which dispatch center upgrade was being referred to. Manager Horch answered that was the parking funds portion of the police dispatch center. Council Member Ashbaugh asked about the design and EIR process for the Palm /Nipomo structure. Manager Horch replied that the City was just beginning the EIR process, which was being delayed temporarily because staff did not think they needed the structure right away and also because Council had redirected some of his time. PUBLIC COMMENTS ON BUSINESS ITEM 133: None. ACTION: Motion by Council Members Carpenter /Smith to: 1) Review and discuss the 2012 annual Parking Fund Review. 2) Conceptually approve the Parking Enterprise Fund budget of 2012 -13, with final action on June 19, 2012 with the adoption of the 2011 -13 Financial Plan Supplement. Roll Call vote: 5 -0. Motion Carried. City Council Meeting Minutes Page 9 June 12, 2012 COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Ashbaugh had a prepared report. Council Member Carter said he met with the performing arts center facility committee this date and he attended the neighborhood wellness meeting last week. Mayor Marx reported she attended the CalPoly service awards May 16; on the 17th attended SCLC; on the 23rd the Air Pollution Control District meeting; on the 24th the Vets Stand Down and Job Fair; and the 31st, volunteer service awards at Laguna Middle School. The Mayor's meeting was June 1st, performaing arts ribbing cutting, June 6th SLOCLOG, downtown center tree lighting ceremony, 7th Whale Rock Commission. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:55 p.m. Sheryll Scfiroeder, MMC Interim City Clerk APPROVED BY COUNCIL: July 10, 2012