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HomeMy WebLinkAbout06/21/2011MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 21, 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 Attorney 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 City Council Meeting Tuesday, June 21, 2011 Page 2 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 adiourned 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 Lichtig clarified the process of Proposition 218. City Council Meeting' Tuesday, June 21, 2011 CONSENT.AGENDA By consensus, Council pulled Item C6 for further discussion. Public Comment: There was no public comment. C1. MINUTES. Page 3 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. CS. 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 5:0. City Council Meeting Page 4 Tuesday, June 21, 2011 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. 10278 (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. BILITATION — 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 (2011 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 J City Council Meeting Page 5 Tuesday, June 21, 2011 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 2011 -13 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 Marx 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 /Marx 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 /Marx opposed. City Council Meeting Tuesday, June 21, 2011 Page 6 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. City Council Meeting` Page 7 Tuesday, June 21, 2011 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. 1 lane Cano, CMC City Clerk APPROVED BY COUNCIL: 09/06/11 1