HomeMy WebLinkAbout09/06/2011, AGENDA U �
1 council agcnda
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, September 6, 2011
REVISED
6:00 p.m. SPECIAL MEETING Council Hearing Room
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members Dan Carpenter, Andrew Carter and Kathy
Smith, Vice Mayor John Ashbaugh and Mayor Jan Marx
ANNOUNCEMENT OF CLOSED SESSION TOPICS
PUBLIC COMMENT ON CLOSED SESSION ITEMS
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Greg Zocher, Michael Codron, Andrea
S. Visveshwara, Rick Bolanos
Employee Organizations: San Luis Obispo City Employees' Association
(SLOCEA), San Luis Obispo Police Officers'
Association (POA), Police Staff Officers' Association
(SLOPSOA), Fire Battalion Chiefs' Association, and
San Luis Obispo City Firefighters, Local 3523
Unrepresented Employees: Confidential Employees, Unrepresented Management
Employees
® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to
including the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf (805) 781-7410.
Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information, call
781-7100.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's office located at 990 Palm Street,San Luis Obispo,during normal business hours.
Council Agenda Tuesday, Sef...:mber 6, 2011
CONFERENCE WITH LEGAL COUNCIL— Existing Litigation
Pursuant to Government Code § 54956.9 (a)
San Luis Obispo Police Officers Association v. City of San Luis Obispo
San Luis Obispo Superior Court Case No. CV110267
ADJOURN TO A REGULAR MEETING.
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councit agcnbA
CITY O F SAN LUIS 013 I S P O
C I T Y HALL, 990 PALM STREET
Tuesday, September 6, 2011
COUNCIL AGENDA ADDENDUM
7:00 p.m. REGULAR MEETING Council Chamber
990 Palm Street
ADDED CONSENT ITEM:
C9. RESULTS OF THE AUGUST 30, 2011, SPECIAL MUNICIPAL ALL MAILED
BALLOT ELECTION. (CORDON/CANO)
RECOMMENDATION: Adopt a resolution declaring the results of the August 30, 2011,
Special Municipal All Mailed Ballot Election.
® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to including the
disabled in all of its services,programs,and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk
prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7100.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public
inspection in the City Clerk's office located at 990 Palm Street,San Luis Obispo,during normal business hours.
council agenda
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, September 6, 2011
7:00 p.m. REGULAR MEETING Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members Dan Carpenter, Andrew Carter and Kathy
Smith, Vice Mayor John Ashbaugh and Mayor Jan Marx
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes
total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (Gov. Code Sec. 54954.2). Staff may be asked to
follow up on such items. Staff reports and other written documentation relating to each item
referred to on this agenda are on file in the City Clerk's Office in Room 4 of City Hall.
CONSENT AGENDA
The Consent Agenda is approved on one motion. Council Members may pull consent items to be
considered after Business items. The public may comment on any item on the Consent Calendar.
C1. MINUTES. (CODRON/CANO)
RECOMMENDATION: Waive oral reading and approve as presented.
® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to
including the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf(805) 781-7410.
Please speak to the City Clerk prior to the,meeting if you require a hearing amplification device. For more agenda information,call
781-7100.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
publicinspection in the City Clerk's office located at 990 Palm Street,San Luis Obispo,during normal business hours.
Council Agenda J Tuesday, Sek, mber6, 2011
C2. HIGUERA SEWER LINER, SPECIFICATION NO. 91068. (WALTER/GUZMAN)
RECOMMENDATION: 1) Approve plans and specifications for the Higuera Sewer
Liner, Specification No. 91068; and 2) Authorize staff to advertise for bids and authorize
the City Manager to award the contract if the lowest responsible bid is within the
Engineer's Estimate of $1,024,000.
C3. PARKING SWEEPING AND JANITORIAL SERVICE CONTRACT,
SPECIFICATION NO. 91076. (WALTER1HORCH)
RECOMMENDATION: Authorize staff to advertise for bids for parking lots and
structures sweeping and janitorial services, and authorize the City Manager to award
the contract if the lowest responsible bid is within the 2011-12 budgeted amount of
$209,100.
C4. PREFUMO CREEKILOS OSOS VALLEY ROAD BIKE PATH GRANT
FUNDING. (WALTER/MCGUIRE)
RECOMMENDATION: 1) Deprogram $5,484.93 in approved Safe Routes to School
grant funding for the construction of the Prefumo Creek Pedestrian Bike Path; and 2)
Transfer $119,775 from the project's construction phase to the project's design phase
($55,000) and construction management phase ($64,775) to support the design and
construction of the alternative Safe Routes to School bike/pedestrian path along Los
Osos Valley Road between Oceanaire Drive and Laguna Lane.
CS. RECOMMENDATION TO ADD THE PROPERTY LOCATED AT 868 UPHAM
STREET TO THE MASTER LIST OF HISTORIC RESOURCES.
(MURRY/LEVEILLE)
RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC),
adopt a resolution adding the property located at 868 Upham Street to the Master List
of Historic Resources.
C6. AUTHORIZATION TO APPLY FOR UP TO $25,000 IN GRANT FUNDING
FROM THE DAVENPORT INSTITUTE OF PUBLIC POLICY TO SUPPORT THE
PUBLIC ENGAGEMENT COMPONENT OF THE ECONOMIC DEVELOPMENT
STRATEGIC PLANNING PROCESS. (CODRON/CLARK)
RECOMMENDATION: 1) Direct staff to complete and submit an application for grant
monies up to the amount of$25,000 from Pepperdine University's Davenport Institute
2011 Public Engagement Grant Program; and 2) Authorize the City Manager to execute
all grant related documents.
C7. RESOLUTION OF INTENTION TO APPROVE A SECOND FRANCHISE
AGREEMENT WITH CONOCOPHILLIPS PIPELINE COMPANY FOR
PIPELINES LOCATED WITHIN CITY RIGHTS-OF-WAY. (CORDRON)
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Council Agenda Tuesday, SeN ber 6, 2011
RECOMMENDATION: Adopt a resolution of intention to approve a second franchise
agreement with ConocoPhillips and schedule a public hearing on October 4, 2011, to
allow for public comment on the agreement.
C8. APPROVAL OF APPLICATIONS FOR ENVIRONMENTAL GRANT FUNDS
FROM THE: 1) STATE HABITAT CONSERVATION FUND: 2) STATE
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM: AND 3)
PROPOSITION 84 RIVER PARKWAYS GRANT PROGRAM.
(CODRON/HAVLIK)
RECOMMENDATION: Adopt resolutions authorizing staff to complete and submit
applications for grant monies in the amount of: 1) $85,000 from the Habitat
Conservation Fund ("HCF"); 2) $125,000 from the Environmental Enhancement and
Mitigation Program("EEMP"); and 3) $1,000,000 from the Proposition 84 River
Parkways Grant Program ("River Parkways Grant").
BUSINESS ITEM
1. APPROVAL OF AN AMENDMENT TO THE MEMORANDUM OF
AGREEMENTS DATED SEPTEMBER 7, 2010, BETWEEN THE CITY AND
GARDEN STREET SLO PARTNERS, L.P. (CODRON/CLARK— 1 HOUR)
RECOMMENDATION: Approve an amendment to the Memorandum of Agreements
dated September 7, 2010 (Agreement), between the City of San Luis Obispo ("City")
and Garden Street SLO Partners, L.P., a California limited partnership ("Developer"),
regarding the Garden Street Terraces Project reducing the minimum requirement for
residential units from 13 to 8.
STUDY SESSION
2. SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY DRAFT ORDINANCE.ESTABLISHING A WASTE REDUCTION
AND REUSE PROGRAM FOR CARRYOUT BAGS.
(MATTI NGLY/H EN DERSON — 30 MINUTES)
RECOMMENDATION: Receive a presentation from the Integrated Waste Management
Authority (IWMA) on the proposed county-wide ordinance establishing a waste
reduction and reuse program for carryout bags.
COUNCIL LIAISON REPORTS (not to exceed 15 minutes)
Council Members report on conferences or other City activities. Time limit-3 minutes.
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Council Agenda Tuesday, Se� mber 6, 2011
COMMUNICATIONS (not to exceed 15 minutes)
At this time, any Council Member or the City Manager may ask a question for clarification, make an
announcement, or report briefly on his or her activities. In addition, subject to Council Policies and
Procedures, they may provide a reference to staff or other resources for factual information, request staff
to report back to the Council at a subsequent meeting concerning any matter, or take action to direct
staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURN.
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MINUTES MEETING AGENDA.
MEETING OF THE CITY COUNCIL DATE q 6 ITEM # _
CITY OF SAN LUIS OBISPO
THURSDAY, JUNE 9, 2011
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
6:00 P.M. —SPECIAL MEETING —COUNCIL HEARING ROOM
ROLL CALL:
Council Members
Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice
Mayor John Ashbaugh, and Mayor Jan Marx
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, and Elaina Cano, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
ANNOUNCEMENT OF CLOSED SESSION TOPICS
City Attorney Dietrick announced the following Closed Session topics.
CONFERENCE WITH LEGAL COUNSEL— Existing Litigation
Pursuant to Government Code § 54956.9 (a)
Vinciguerra Constnrchon v. City of San Luis Obispo
San Luis Obispo Superior Court Case No. CV100705
CONFERENCE WITH LEGAL COUNSEL—Anticipated Litigation
Pursuant to Government Code § 54956.9 (b)(3)(E)
One (1) potential case regarding claim for damaged sewer line
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: APN's 002-416-034 and 002-416-029
Negotiating Parties:
City of San Luis Obispo: Katie Lichtig, Claire Clark, J. Christine
Dietrick
San Luis Obispo Court Street, LLC
(aka San Luis Obispo Chinatown, LLC): Tom Copeland, Suzanne Fryer,
Mark Rawson
Negotiations: Discussion of negotiations regarding
modification of Option to Purchase Real
Property Agreement
PUBLIC COMMENT ON CLOSED SESSION ITEMS
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Page 2
Mayor Marx called for public comments.
Tom Swem, San Luis Obispo, spoke about his concerns regarding the sewer pipe in
front of his property and responded to Council questions.
7:00 P.M.—SPECIAL MEETING —COUNCIL CHAMBER
Mayor Marc called the regular meeting to order at 7:00 p.m. All Council Members were
present.
CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Session to discuss the
following:
Existing Litigation Pursuant to Government Code § 54956.9 (a) Vinciguerra
Construction v. City of San Luis Obispo San Luis Obispo Superior Court Case No.
CV100705, Council authorized (5-0) an appeal of the court's ruling against the City and
the City Attorney's negotiation execution of the contract with outside counsel to support
the appeal.
Anticipated Litigation Pursuant to Government Code§ 54956.9 (b)(3)(E)
One (1) potential case regarding claim for damaged sewer line. No reportable action
was taken.
City Attorney Dietrick stated that Vice Mayor Ashbaugh recused himself from item below
and no reportable action was taken.
Property Negotiations Pursuant to Government Code § 54956.8
Property: APN's 002-416-034 and 002-416-029
Negotiating Parties:
City of San Luis Obispo:. Katie Lichtig, Claire Clark, J. Christine
Dietrick
San Luis Obispo Court Street, LLC
(aka San Luis Obispo Chinatown, LLC): Tom Copeland, Suzanne Fryer,
Mark Rawson
Negotiations: Discussion of negotiations regarding
modification of Option to Purchase Real
Property Agreement
BUDGET WORKSHOP
PRELIMINARY 2011-2013 FINANCIAL PLAN.
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City Council Minutes
June 9, 2011
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Interim Finance and Information Technology Director Bradley and Public Works Director
Walter provided an overview of the presentation and format that.would be followed for
the review of General Fund CIP and other non-enterprise fund projects.
If Council consensus related to the projects was unanimous, discussion has not been
included in the minutes. If it was not or Council provided direction that differs from
staffs recommendation, the minutes so note.
General Fund CIP Projects
PUBLIC SAFETY
Police Protection
Police Chief Linden responded to Council questions regarding the comparison of V6
and V8 engines, police station remodel, and technology in patrol and non-patrol cars.
Fire & Environmental Safety
Fire Chief Hines responded to Council questions regarding Fire Station 2 Slab
replacement project
TRANSPORTATION
Streets
City Engineer Lynch responded to Council questions regarding street reconstruction
and mid-Higuera bypass project.
Public Works Director Walter responded to Council questions regarding sign
maintenance, curb ramp replacements, and Prado Road bridge maintenance.
Pedestrian & Bicycle Paths
Public Works Director Walter and City Engineer Lynch responded to Council questions
regarding the Warden Bridge deck project.
Creek&Flood Protection
There were no Council questions.
Transportation Management
Public Works Director Walter responded to Council questions regarding Los Osos
Valley Road design cost.
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June 9, 2011
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LEISURE, CULTURAL & SOCIAL SERVICES
Parks & Recreation
City Engineer Lynch responded to Council questions regarding the replacement of
playground equipment.
Parks and Recreation Director Stanwvck responded to Council questions regarding
energy efficiency measures at the Sinsheimer Pool.
COMMUNITY DEVELOPMENT
Natural Resources Protection
City Manager Codron responded to Council questions regarding the Froom Ranch
improvements and land acquisition.
Construction Regulation
There were no Council questions.
GENERAL GOVERNMENT
Information Technology
Interim Finance and Information Technology Director Bradley and Network Services
Supervisor Guardado responded to Council questions regarding the purchasing cycle
for desktops and software and website upgrades.
Buildings
Public Works Director Walter responded to Council questions regarding the steps in
front of City Hall.
Fleet Management
Public Works Director Walter responded to Council questions regarding the general
policy for take-home cars, fleet replacement and efforts towards fuel efficient vehicles.
Public Comment
Gary Fowler, San Luis Obispo, spoke about his concerns regarding taxes on City
owned property and the staffing level for the City Clerk's office.
End of public comment.
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June 9, 2011
Page 5
Council discussion ensued during which they expressed their overall support of the
staffs recommendations and did not recommend any amendments.
ACTION: By consensus, Council concurred with staffs recommendations.
There being no further business to come before the City Council, Mayor Manx adjourned
the meeting at 9:20 p.m.
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: Wxx/11
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MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
. CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 149 2011 -7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice
Mayor John Ashbaugh, and Mayor Jan Marx
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, and Elaina Cano, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
PRESENTATION
Mayor Marx presented a proclamation to Marion Kay in honor of Flag Day.
Joe Carotenuti, San Luis Obispo, gave a brief presentation regarding the history of the
City's flag.
PUBLIC HEARINGS
1. 2011 WATER FUND REVIEW AND 2011-13 WATER RATE ADOPTION.
City Manager Lichtig discussed the process that would be followed during this meeting.
Interim Finance and Information Technology Director Bradley provided a broad
overview of the enterprise funds.
Utilities Director Mattingly introduced this item, following which Water Division Manager
Henderson and Senior Administrative Analyst Bishop presented the agenda report and
responded to Council questions.
Mayor Marx opened the public hearing.
Leslie Halls, San.Luis Obispo, spoke in opposition to the proposed rate increases and of
her concerns with the staffing levels in the Utilities Department.
Steve Barasch, San Luis Obispo, spoke about his concerns regarding the proposed water
rates and the disincentives for rate payers.
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June 14, 2011
Page 2
Willow Walkinq Turtle, San Luis Obispo, submitted a speaker card; however, was not
present when called.
Matt Kokkonen, suggested having the same consideration for business as residential
water users and stated his concerns regarding staffing costs.
Jody Frey, San Luis Obispo, spoke about her concerns regarding the proposed water rate
increases for low income citizens.
Richard Kranzdorf, San Luis Obispo, spoke about his concerns regarding the proposed
water rate increases and suggested Council take more time to review all of the possible
implications.
Steve Delmartini, San Luis Obispo, spoke about his concerns regarding the average
customer monthly water bill and the lack of incentives to use more water.
Bill Wilson, San Luis Obispo, spoke about his concerns regarding the proposed water
rate increases.
Paul Rys, San Luis Obispo, spoke about his concerns regarding the Prop. 218 process
and referred to a letter and list(on file with the original agenda packet) of citizens against
the proposed water rate increases.
Mayor Marx closed the public hearing.
Cfir Clerk Cano reported that there were 255 written water rate protest letters received
at the commencement of the public hearing and of those 214 were compliant.
Council recessed at 9:15 p.m. and reconvened at 9:25 p.m. with all members present.
Council Member Carpenter stated that he would like to research additional agencies
that could use the City's water when there is an excess for revenue purposes. Mr.
Carpenter spoke in support of base rate fee and opposition to the proposed rate
increases.
Council Member Carter spoke in support of moving toward a base and incremental
water rate, suggested a line item budget for enterprise funds and a study of a 10 year
trend with the line item to evaluate the cost drivers from the past and the future.
Council Member Smith spoke of her concerns regarding the projection of the rate
increases and her opposition to the proposed rate increases. Ms. Smith stated she too
is interested in learning more about base rates.
ACTION: Moved by Ashbaugh/Carter to review and accept the 2011 annual water fund
financial review; motion carried 4:1 (Smith opposed).
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City Council Minutes �
June 14, 2011
Page 3
ACTION: Moved by Ashbaugh/Carter to approve the amended Capital Improvement
Plan for 2010-11, which defers $1.5 million for the Utilities Telemetry System Upgrade
construction phase from 2010-11 to 2013-14 based on the revised capital plan program;
motion carried 5:0.
ACTION: Moved by Carter/Ashbaugh to adopt Resolution.No. 10271 (2011 Series)
increasing water service charges by ten percent (10%) effective July 1, 2011, and nine
percent (9%) effective July 1, 2012, provided there is not a majority protest against such
increases; motion carried 3:2 (Carpenter/Smith opposed).
ACTION: Moved by Carter/Ashbaugh to conceptually approve the Water Fund budget
for 2011-13, with final action on June 21, 2011, with adoption of the 2011-13 Financial
Plan; motion carried 3:2 (Carpenter/Smith opposed).
ACTION: Council gave direction to staff to return with a report outlining the rate
structure options, cost of conducting analysis and time frame in which to complete
analysis.
Utilities Director Mattingly recommended incorporating such a report into the Major City
Goal process. The majority of Council concurred with Ms. Mattingly's recommendation.
City Manager Lichtig explained that after the current.budget process, staff will do a
comprehensive review of the budget process.
2. 2011 SEWER FUND REVIEW AND 2011-13 SEWER RATE ADOPTION.
Utilities Director Mattingly introduced this item, following which Senior Administrative
Analyst Bishop, and Wastewater Division Manager Hix presented the agenda report and
responded to Council questions.
Mayor Marx opened the public hearing.
Jody Frey, San Luis Obispo, spoke about her concerns regarding the proposed sewer
rates for low income citizens.
Paul Rys, San Luis Obispo, requested Council agendize for a future meeting, a
discussion regarding the water and sewer charges for non-residential properties and
spoke of his concern regarding infiltration.
Mayor Marx closed the public hearing.
City Clerk Cano reported that there were 210 written sewer rate protest letters received
at the commencement of the public hearing and one submitted during the Council
meeting.
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Council Member Carpenter spoke of his concerns regarding the Utilities Department
staffing.
Council Member Smith concurred with Council Member Carpenter and suggested
looking at alternative ways to cut costs.
ACTION: Moved by Ashbaugh/Carter to: 1) Review and accept the 2011 annual sewer
fund financial review; 2) Adopt Resolution No. 10272 (2011 Series) increasing sewer
service charges by seven percent (7%) effective July 1, 2011, and six percent (6%)
effective July 1, 2012, provided there is not a majority protest against such increases;
and 3) Conceptually approve the Sewer Fund budget for 2011-13, with final action on
June 21, 2011, with adoption of the 2011-13 Financial Plan; motion carried 3:2,
Carpenter/Smith opposed.
By consensus, Council agreed to continue the meeting beyond 11:00 p.m.
2. TRANSIT ENTERPRISE FUND REVIEW 2011.
Director of Public Works Walter introduced this item, following which Deputy Director of
Public Works Bochum and Transit Manager Webster presented the agenda report and
responded to questions.
Mayor Marx opened the public hearing.
Steve Barasch, San Luis Obispo, submitted a speaker card; however was not present.
Mayor Marx closed the public hearing.
Council Member Carpenter spoke of his concern with the parking funds for the Downtown
Access Pass to support the transit funds $20,000.
ACTION: Moved by Ashbaugh/Smith to: Review and accept the 2010-11 Transit Fund
analysis; Conceptually approve the Transit Enterprise Fund budget of 2011-12, with
final action on June 21, 2011, with the adoption of the 2011-13 Financial plan; Approve
$20,000 annually in revenues for the Downtown Access Pass (formerly the Gold Pass);
motion carried 3:2 (Carpenter/Carter opposed).
Council Member Carter stated his opposition to the motion was due to Item 3 in the
recommendation and stated that the Downtown Access Pass should not be free.
4. 2011 PARKING FUND REVIEW.
Director of Public Works Walter introduced this item, following which Parking Services
Manager Horch presented the agenda report and responded to questions.
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June 14, 2011
Page 5
Mayor Marx opened the public hearing.
Steve Barasch, San Luis Obispo, submitted a speaker card; however was not present.
Mike Spankler, commended Council for the Enterprise Funds and spoke about his
concerns regarding the perception of the use of the Enterprise Fund to support the
General Fund.
Jody Frey, San Luis Obispo, spoke in opposition to funding the Palm-Nipomo garage.
Mayor Marx closed the public hearing.
Public Works Deputy Director Bochum responded to public comments and referred to a
"Red File" submitted to Council and on file in the City Clerk's office.
Council Member Carter spoke in opposition to increasing the 10-Hour Residential
Permit from $5.00 to$120.00, the Downtown Access Pass remaining free, and the
funding for the Downtown Champion position.
Council Member Caroenter spoke in opposition to the funding of the Downtown Access
Pass, the proposed parking violation fines and suggested researching possible
nighttime parking fees.
Moved by Ashbaugh/Marx to conceptually approve the Parking Enterprise Fund budget
of 2011-12, with final action on June 21, 2011, with the adoption of the 2011-13
Financial Plan; motion failed 2:3; Carpenter/Carter/Smith opposed.
Council Member Smith stated her concerns about the community's perception regarding
the General Fund and the Enterprise Funds.
ACTION: Council reviewed and discussed the 2011 annual Parking Fund Review.
ACTION: Moved by Carter/Smith to conceptually approve the Parking Enterprise Fund
budget of 2011-12 as modified to charge the General Fund for the 20% cost of the
Downtown Champion position and approve that the Parking Fund would subsidize 50%
of the cost of the Downtown Access Pass; 3:2, Ashbaugh/Carpenter opposed.
ACTION: Moved by Carter/Ashbaugh to adopt Resolution No. 10273 (2011 Series)
authorizing charging in City parking structures from 1 PM to 6 PM on Sundays and
Resolution No. 10274 (2011 Series) increasing parking fines and permit fees as
modified to exclude the proposed rate increase to the residential 10 hour parking
permits; 4:1, Carpenter opposed.
There being no further business to come before the City Council, Mayor Manx adjourned
the meeting at 12:40 a.m.
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Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: rodxoc/11
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MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 219 2011 -4:00 P.M.
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
4:00 P.M.—SPECIAL MEETING —COUNCIL HEARING ROOM
ROLL CALL:
Council Members
Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice
Mayor John Ashbaugh, and Mayor Jan Marx
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, and Elaina Cano, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
ANNOUNCEMENT OF CLOSED SESSION TOPIC
City Attomey Dietrick announced the following Closed Session topic.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Katie Lichtig, Michael Codron, J.
Christine Dietrick, Andrea S. Visveshwara
Employee Organizations: San Luis Obispo City Employees'Association
(SLOCEA), San Luis Obispo Police Officers'
Association (POA), San Luis Obispo Staff Officers'
Association (SLOPSOA), Fire Battalion Chiefs'
Association and San Luis Obispo City Firefighters,
Local 3523
Unrepresented Employees: Confidential Employees, Unrepresented Management
Employees
CONFERENCE WITH LEGAL COUNSEL—Anticipated Litigation
Pursuant to Government Code § 54956.9(c)
Two (2) potential cases
PUBLIC COMMENT ON CLOSED SESSION ITEM
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Tuesday, June 21, 2011
Mayor Marx called for public comments. None were forthcoming and the meeting
adjourned to the Closed Session.
CLOSED SESSION REPORT
City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00
p.m. Regular Meeting.
The Closed Session adjourned at 6:50 p.m.
7:00 P.M. —REGULAR MEETING —COUNCIL CHAMBER
Mayor Marx called the Regular Meeting to order at 7:00 p.m. All Council Members were
present.
CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Sessions to discuss Labor
Negotiations and Anticipated Litigation as indicated above. No further reportable action
was taken.
PRESENTATIONS
Mayor Marx presented a proclamation in celebration of the California International Choral
Festival and Competition to Pat Harris, Executive Director, followed by a song by the
Christ the King Church Choir of Kampala, Uganda.
Mayor Marx presented a proclamation to John Mandeville acknowledging his retirement
as Community Development Director.
PUBLIC COMMENT
Gary Richard Arnold. Monterey Bay, spoke about his concerns regarding the news media
reporting. Mr.Arnold submitted a letter and two DVD's which are on file with the original
agenda packet
Gary Fowler, San Luis Obispo, spoke about his concerns regarding the increased water
and sewer rates.
Paul Rys, San Luis Obispo, spoke about his concerns regarding the increased water
rates.
Dawn Phillips, San Luis Obispo, spoke about her concerns with the increased sewer
rates and binding arbitration.
City Manager Lichtiq clarified the process of Proposition 218.
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CONSENT AGENDA
By consensus, Council pulled Item C6 for further discussion.
Public Comment:
There was no public comment.
C1. MINUTES.
ACTION: Moved by Carter/Ashbaugh to waive oral reading and approve as amended;
motion carried 5`.0.
C2. AWARD OF COLLECTIONS SERVICES CONTRACT.
ACTION: Moved by Carter/Ashbaugh to award the collection of delinquent accounts
contract to Financial Credit Network and authorize the City Manager to execute the
agreement; motion carried 5:0.
C3. FISCAL YEAR 2011 EDWARD BYRNE MEMORIAL.JUSTICE ASSISTANCE.
GRANT PROGRAM APPLICATION.
ACTION: Moved by Carter/Ashbaugh to: 1) Authorize staff to submit an application for
a 2011 Edward Byrne Memorial Justice Assistance Grant in the amount of$13,430 to
fund overtime for alcohol compliance checks. 2) If the grant is awarded, authorize the
City Manager to execute necessary grant documents; motion carried 5:0.
C4. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL ACCOUNTS.
ACTION: Moved by Carter/Ashbaugh to adopt Resolution No. 10275 (2011 Series)
authorizing the San Luis Obispo County Assessor to assess the amounts due to San
Luis Garbage Company on delinquent accounts for provision of solid waste collection
and disposal services as described in City Municipal Code Section 8.04.070 as liens
against the properties involved; motion carried 5:0.
C5. BIENNIAL REVIEW OF ADVISORY BODY BYLAWS.
Council discussed information submitted in a Red File regarding the proposed changes
to the language in the Advisory Bodies.
ACTION: Moved by Carter/Ashbaugh to adopt Resolution No. 10276 (2011 Series)
amending various City advisory body bylaws incorporating amendments recommended
by the respective advisory body, as well as by staff, as amended; motion carried 50.
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C6. SLO TRANSIT CAPITAL PROJECTS.
ACTION: Moved by Carter/Ashbaugh to: 1) Adopt Resolution No. 10277 (2011 Series)
authorizing the Public Works Director to execute all required documents and any
amendments thereto with the California Department of Transportation and complete the
Certifications and Assurances for the Public Transportation Modernization,
Improvement, and Service Enhancement Account Bond Program and allowing
expenditures, Proposition 1 B and California Emergency Management Agency Safety
and Security funding; 2)Adopt Resolution No. 1.0278 (2011 Series) authorizing the
procurement of Transit vehicle replacements through the use of a Cooperative
Procurement Pilot Program and Request for Bid process; and 3) Authorize the Finance
Director to award contracts and execute Purchase Orders for vehicle acquisition and
facility security equipment if costs are within the budgeted amount; motion carried 5:0.
C7. SOUTHERN PACIFIC RAILROAD (SPRR) FREIGHT WAREHOUSE
REHABILITATION — PHASE 4. SPECIFICATION NO. 90106.
ACTION: Moved by Carter/Ashbaugh to: 1) Award a contract to Noble Building
Company in the amount of$102,764 for the SPRR.Freight Warehouse Rehabilitation—
Phase 4, Specification No. 90106. 2)Approve a transfer of$16,000 from the CIP
Completed Projects account to the project's construction account; motion carried 5:0.
C8. ADOPTION OF ORDINANCE NO. 1564, GRANTING CONOCOPHILLIPS
PIPELINE COMPANY A FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL, AND OTHER
SPECIFIED MATERIALS IN THE CITY OF SAN LUIS OBISPO.
ACTION: Moved by Carter/Ashbaugh to adopt Ordinance No. 1564 (201.1-Series) to
renew an existing franchise agreement with ConocoPhillips, pursuant to the provisions
of Article X of the San Luis Obispo City Charter, Article XI, Section 9(b) of the California
Constitution, and Section 39732(b) of the California Government Code; motion carried
5:0.
C9. APPROPRIATIONS LIMIT FOR 2011-12.
ACTION: Moved by Carter/Ashbaugh to adopt Resolution No. 10279 (2011 Series)
establishing the City's appropriations limit for 2011-12; motion carried 5:0.
C10. APPROVAL OF LICENSE AGREEMENT AND INDEMNIFICATION WITH
MOUNTAINBROOK COMMUNITY CHURCH AT IRISH HILLS NATURAL
RESERVE.
ACTION: Moved by Carter/Ashbaugh to: 1)Approve a License Agreement with
Mountainbrook Community Church to permit construction and use of a non-motorized
trail crossing a portion of the church property adjacent to the Irish Hills Natural Reserve;
2) Approve a Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement
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providing legal protections to Mountainbrook Community Church for public use of the
License Area; and 3) Authorize the Mayor to sign the License and Release Agreements;
motion carried 5:0.
PUBLIC HEARINGS
1. ADOPTION OF 201143 FINANCIAL PLAN.
City Manager Lichtig introduced this item, following which Assistant City Manager
Codron and Interim Director of Finance and Technology Bradley presented the agenda
report.
Mayor Marx opened the public hearing.
Steve Barasch, San Luis Obispo, spoke about the City's financial sustainability.
Sandra Rowley, RQN, spoke in support of the hiring of two Community Services
Specialist. .
Mayor Marx closed the public hearing.
Council Member Smith suggested amendments to the 2011-13 Financial Plan, as
follows: 1) Increase employee concessions from $2.6 million to $3 million. 2) Reduce
the water and sewer rates by 5% each.
Council Member Carpenter suggested amendments to the 2011-13 Financial Plan, as
follows: 1) Increase employee concessions. 2) No raise in water and sewer rates. 3)
Eliminate $600,000 for playground replacement equipment. 4) Eliminate $237,000 for
open space acquisition and maintenance. 5) No new staffing positions. 6) Eliminate the
funding for the Downtown Access Pass. 7) No increase to parking fees.
Mayor Manx suggested amendments to the 2011-13 Financial Plan, as follows: 1)
Maintain the Administrative Assistant position in the City Clerk's office. 2) Reinstate
contract services for public safety employees pre-employment psychological testing. 3)
Eliminate Parks and Recreation Manager position.
Vice Mayor Ashbaugh and Council Member Carter did not propose any amendments.
Moved by Smith/Carpenter to increase employee concessions from $2.6 million to $3
million for a full fiscal year, motion failed 2:3, Ashbaugh/Carter/Manx opposed.
Moved by Smith to reduce the water and sewer rates by 5% of the proposed increases;
motion fails for lack of a second.
Moved by Carpenter/Smith to not raise water and sewer fees until further research of
flat fees; motion failed 2:3, Ashbaugh/Carter/Manx opposed.
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Moved by Carpenter to eliminate $600,000 budgeted for playground equipment
replacement; motion failed for lack of a second.
Moved by Carpenter to eliminate the $237,000 for open space acquisition and
maintenance; motion failed for lack of a second.
Moved by Marx/Ashbaugh to not eliminate the Administrative Assistant position in the
City Clerk's office; motion failed 2:3, Carpenter/Carter/Smith opposed.
Moved by Marx/Ashbaugh to allocate additional funds for training the current
Administrative Assistant in the City Clerk's office; motion failed 2:3,
Carpenter/Carter/Smith opposed.
Moved by Marx/Carpenter to eliminate the vacant Parks and Recreation Manager
position; 2:3 motion failed, Ashbaugh/Carter/Smith opposed.
Further Council discussion ensued, during which they acknowledged the difficult
process of adopting a balanced budget
ACTION: Moved by Ashbaugh/Carter to adopt Resolution No. 10280 (2011 Series)
approving the 2011-13 Financial Plan and 2011-12 Budget; motion carried 3:2,
Carpenter/Smith opposed
Council recessed at 9:15 p.m. and reconvened at 9:30 p.m. with all members present.
2. 2010 URBAN WATER MANAGEMENT PLAN UPDATE.
Utilities Director Mattingly introduced this item, following which Utilities Conservation
Manager Munds presented the agenda report and responded to Council questions.
Mayor Marx opened the public hearing.
Paul Rys, San Luis Obispo, stated his support for the conservation efforts throughout the
City of San Luis Obispo.
Mayor Marx closed the public hearing.
ACTION: Moved by Ashbaugh/Carpenter to adopt Resolution No. 10281 (2011 Series)
approving the 2010 update to the City of San Luis Obispo's Urban Water Management
Plan; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Smith reported on her attendance at various meetings. A list is on file
with the original agenda packet.
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Vice Mayor Ashbaugh reported on his attendance at the SLOCOG and SCLC meeting.
Council Member Carter reported on his attendance at a dinner honoring the new Cal Poly
President and referenced a memo submitted at a previous Council meeting.
Mayor Marx reported on her attendance at a SLOCOG meeting.
COMMUNICATIONS
Council Member Smith reported on her attendance at various meetings and events. A list
is on file with the original agenda packet.
Vice Mayor Ashbaugh reported on his attendance at the Cal Poly Commencement
ceremonies.
Mayor Marx reported on her attendance at the 100 Year Celebration for Women Given
the Right to Vote, APCD, dedication of the Laguna Village, Cal Poly Class presentation,
City Selection Committee, Mayors meeting in Grover Beach, CERT graduation, Parks
and Recreation event, and a Cal Poly dinner honoring the new president.
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 10:15 p.m.
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: xxhoc/11
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