HomeMy WebLinkAbout06/19/2012MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 19, 2012 - 7:00 P.M.
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.
PLEDGE OF ALLEGIANCE
The Pledge was provided by Council Member Carpenter.
PUBLIC COMMENT (Items not on the agenda).
Don Green, San Luis Obispo, spoke on the management of the Laguna Lake
Workshop, presented written comments and concerns from the workshop.
Gary Fowler, San Luis Obispo, spoke on Prop 29, noting that in speaking with the
legislature, if Prop 29 had passed it would have been in effect for 15 years, and at any
time cigarette sale revenue decreased, the state could backfill the state's general fund.
Tom Duryea, complained he was told he could not bring recyclables on buses and he
had no other transportation.
Director Jay Walter responded they would check the policy and respond.
Steve Bararsch, San Luis Obispo, said he was concerned about the level of policing
regarding the good neighbor brochure entitled "Are You A Good Neighbor".
City Council Meeting Minutes Page 2
June 19, 2012
CONSENT AGENDA (consent calendar items)
Council Member Carpenter mention a correction to the June 5, 2012 Council Minutes,
Page 5, Item C1, remove the word "potential ". Council Member Ashbaugh mentioned
his correction, Item C6, Council Member Carpenter voted no, not Council Member
Carter.
Carol Florence, speaking on C4, Immediate Past President of Big Brothers & Sisters
Association, invited Council and staff to a June 24th. celebration.
City Attorney Dietrick added staff would evaluate the value of the tickets under the City's
adopted ticket policy.
Anna Aven, Item C4, Assistance League of San Luis Obispo County, thanked the City
for the grant.
Hilda Zacaras, Item C4, Santa Maria, Alliance for Pharmaceutical, thanked Council for
supporting the grant.
Sylvia Grayham, Item C4, thanked the City for their support.
Steve Bararsch, requested Items C6 and C8 be pulled and discussed. Regarding Item
C6, did not think it should be adopted before Item PH4, the annual budget. Regarding
Item C8, he said he felt the hazard mitigation grant program could have budget
implications and said it should be adopted after the budget.
- - -end of public comments --
Council Member Ashbaugh requested Item C6 be pulled for discussion.
ACTION: Council Members Carter /Ashbaugh moved to approve Consent Calendar
Items C1 through C10, minus C6. Roll Call vote: 5 -0. Motion Carried.
Finance and IT Director Bourbeau, regarding Item C6, explained the purpose of the
appropriations limit and that it did not have to coincide with the budget adoption.
ACTION: Council Members Carter /Ashbaugh moved to approve Consent Calendar
Item C6. Roll Call vote: 5 -0. Motion Carried.
CONSENT AGENDA
C1. MINUTES OF TUESDAY, JUNE 5TH, 2012.
RECOMMENDATION: Waive oral reading and approve as amended.
C2. CONTRACT WITH THE SAN LUIS OBISPO SWIM CLUB, INC. FOR USE OF
City Council Meeting Minutes Page 3
June 19, 2012
RECOMMENDATION: As recommended by the Parks and Recreation Commission
(PRC), authorize the Mayor to execute a five -year contract with the San Luis Obispo
Swim Club (Seahawks) for the use of the San Luis Obispo Swim Center.
C3. FROOM RANCH TRAIL NAMING "NEIL HAVLIK WAY ".
RECOMMENDATION: As recommended by the Parks and Recreation Commission
(PRC), approve naming a trail at Froom Ranch Open Space in honor of Dr. Neil Havlik
in recognition of his contributions to the City of San Luis Obispo during his tenure as
Natural Resources Manager.
C4.
RECOMMENDATION: As recommended by the HRC, approve the 2012 -13 GIA
allocations in the amount of $126,600 and authorize the City Manager to execute
agreements with each grant recipient.
C5. 2012 -13 COMMUNITY PROMOTION GRANTS IN AID FUNDING.
RECOMMENDATION: As recommended by the Promotional Coordinating Committee
(PCC) 1) Approve $86,385 from the 2012 -13 Community Promotions budget for Grants -
in -Aid funding to 21 non - profit organizations; and 2) Authorize the City Manager to
execute the grant agreements with the applicants.
C6. APPROPRIATIONS LIMIT FOR 2012 -13.
RECOMMENDATION: Adopt Resolution No: 10370 (2012 Series) establishing the
City's appropriations limit for 2012 -13.
ACTION: Council Members Carter /Ashbaugh moved to approve Consent Calendar
Item C6. Roll Call vote: 5 -0. Motion Carried.
C7. RECOMMENDATION TO ADD THE PROPERTY LOC
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RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC),
Adopt Resolution No: 10371 (2012 Series) adding the property located at 1026 Mill
Street to the Contributing List of Historic Resources.
C8. RESOLUTION DESIGNATI
FOR HAZARD MITIGATION
City Council Meeting Minutes Page 4
June 19, 2012
RECOMMENDATION: Adopt Resolution No: 10372 (2012 Series) designating the
City Manager as authorized agent for Hazard Mitigation Grant Program.
C9. ADOPTION OF ORDINANCE NO. 1580, AMENDING CHAPTER_ 2.0.4 OF THE
DATE C
RECOMMENDATION: Adopt. Ordinance No. 1580 (2012 Series), amending Chapter
2.04 of the San Luis Obispo Municipal Code to restore regular Council meeting dates to
the first and third Tuesday of the month and meeting time to 6:00 P.M.
C10. ADOPTION OF ORDINANCE NO. 1581 AMENDING MUNICIPAL CODE
CHAPTER 6.20 — ANIMAL CONTROL. REGULATIONS.
RECOMMENDATION: Adopt Ordinance .No: 1581 _(2012 Series) adding Section
6.20.070 (Menacing and Aggressive Animals) to Chapter 6.20 the San Luis Obispo
Municipal Code prohibiting menacing and aggressive animals in the City.
BUSINESS ITEMS AND PUBLIC HEARINGS
131. ALCOHOL OUTLET STRATEGIES — EN
TO IMPROVE PUBLIC SAFETY: CITY. FILE #: RITA 101 -11.
Community Development. Director Johnson and Deputy Director Davidson presented
the staff report and responded to Council comments.
At this point Council Member Carpenter recused himself and left the dais. He
commented that the media reported that he recused himself at the previous meeting
because he owned a business in the area and that was not the case. He said he owned
commercial property in the area that had no less than twelve alcohol outlets within 500
feet of it.
Public Comments on Business Item 131:
Steve Tolley, Arrow Grande and Safe Night Light Association, said he supported the
proposed changes.
David Brodie, San Luis Obispo, said no matter how many rules and regulations are
passed, it was the number of outlets that was the issue.
- - -end of public comments - --
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City Council Meeting Minutes Page 5
June 19, 2012
ACTION: Motion by Council Members Smith /Ashbaugh to: Introduce by title only
Ordinance No. 1578 (2012 Series) amending Title 17 of the Municipal Code regarding
alcohol outlet regulations. Roll Call vote: 4-0. Council Member Carpenter recused.
Motion carried.
PH2. RESOLUTION OF INTENTION AND AN ORDINANCE AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN LUIS
(DIFFERENT LEVEL OF BENEFITS). SECTION 21363.1 (3% (a-)- 55 FULL
FORMULA) AND SECTION 20037 (THREE -YEAR FINAL COMPENSATION)
Human Resources Director Irons and Human Resources Manager Zocher presented
the staff report and responded to Council comments.
Mayor Marx opened the public hearing.
Steve Bararch, San Luis Obispo, asked the dollar amount to buy the City's way out of
PERS and what was the unfunded liability in both tiers.
Heaing no further testimony, Mayor Marx closed the public hearing.
Council Member Carter said that with respect to the City's unfunded liability, it was
reported every year in the audit and the public safety pool fund liability was also
reported. He added that CalPERS would begin to report actuals for the pool funds. He
said the major changes were that fire personnel had agreed to pay their portion of
'"PERS, which was a 9% savings to the City. The rate for the new second tier would go
down by 4.7 %.
Council Member Ashbaugh asked staff to clarify the difference between the size of the
unfunded liability and the cost the City would incur if they tried to lose it.
Human Resources Director Irons said her understanding was that if the City tried to exit
PERS, the City would need to fund the unfunded liability but there was also the issue of
whether the City would have to provide an equal benefit.
Council Member Smith said she would not support the recommendation based primarily
on Measure A and B. She added that she was pleased that there was a second tier but
was not satisfied with the pension formula, she would have liked to seen a 2% at 50
instead of the 3% at 55.
Council Member Carpenter explained that he did not support the original MOA, adding
that he felt and continued to feel long term reform; a large part would have to be in the
second tier. He agreed with the three year averaging, he said he could not support the
second tier, 3% at 55.
City Council Meeting Minutes Page 6
June 19, 2012
Mayor Marx said she would support the recommendation, that the second tier with the
fire fighters had been negotiated in good faith.
Council Member Carter added that with respect to the differences in formulas, what the
City did get was 4 years of no cost of living increase with fire in exchange for 3% at 55
instead of 2% at 50. He added that the 2% at 50 was an escalating formula so the
difference was really between 2.7% at. 55 that's what the 2% at 50 escalates to, versus
3% at 55.
ACTION: Motion by Council Members Carter /Ashbaugh to: 1) Adopt Resolution No:
10373 (2012 Series) of intention approving an amendment to the contract between
the Board of Administration of the C_ alifornia Public Employees' Retirement System
(CaIPERS) and the City Council of.the City of San Luis Obispo; and 2) Introduce by title
only Ordinance No. 1582 (2012 Series) the first reading of an Ordinance authorizing an
amendment to the contract between the City Council of the City of San Luis Obispo and
the Board of Administration of the California Public Employees' Retirement System, and
authorize staff to bring back the Ordinance for adoption on July 17, 2012. 3) Adopt
Resolution No: 10374 (2012 Series) ceasing to pay and report the value of the
employer paid member contribution (EPMC) to the California Public Employees
Retirement System (CaIPERS) for members of the International Association of
Firefighters, Local 3523 hired under the second tier formula. Roll Call vote: 3 -2.
Council Members Carpenter and Smith opposed. Motion Carried.
133. MEMORANDUM OF AGREEMENT BET_ WEEN THE CITY OF SAN LUIS
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FOR THE PERIOD OF JANUARY 1, 2012 THROUGH DECEMBER 31, 2014.
Human Resources Director Irons and Human Resources Manager Zocher presented
the staff report and responded to Council comments.
Public Comments on Business Item 133
Matt Korkonen, San Luis Obispo, said he felt the benefis far exceeded those that were
being offered to general public employees. He asked what the unfunded pension liability
was on the various contracts. He said his analysis was that the defined benefit plans as a
whole, were unsustainable. He felt the public should not be bearing the cost of the
various assumtions. He also suggested that a market study be made with various
entities.
Steve Barasch said he felt the City did not have room for error, pension costs would go
higher and it would be helpful for public to know what additional funds were set aside to
pay PERS related costs over the next couple of years.
- --end of public comments --
1
City Council Meeting Minutes
June 19, 2012
Page 7
Council Member Carter explained that the agreement with SLOCEA, the employees
would be paying their 8% share of PERS, which was an 8% savings to the City. There
would be a second tier which would also show decreases. SLOCEA would be going
another 3 years without a cost of living increase and paying their share of CalPERS,
which would be a cut in their take home pay.
Council Member Carpenter noted SLOCEA employees have agreed to go from a 2.7%
at 55 for current employees to a second tier at 2% at 60. He commended the
employees for being a part of the solution, that they were sufficient cuts at that pay
level.
Council Member Smith thanked the employees for their leadership and said she
supported a compensation. study.
Council Member Ashbaugh commended staff and SLOCEA members. He said with this
agreement, the City was now at 83% of the goal of savings in employee compensation.
He said the new agreement also clarified how health insurance increases were to be
handled.
Mayor Marx said the SLOCEA employees were the people who provided services to the
residents and she thanked them for their commitment.
ACTION: Motion by Council Members Ashbaugh /Carter to: 1) Adopt Resolution No:
10375 (2012 Series) adopting and ratifying the Memorandum of Agreement with a
three -year term between the City of San Luis Obispo and the San Luis Obispo City
Employees' Association ( SLOCEA); and 2) Adopt Resolution No: 10376 (2012
Series) ceasing to pay and report the value of the employer paid member contribution
(EPMC) to the California Public Employees Retirement System (CaIPERS) for SLOCEA
members. Roll Call vote: 6 -0. Motion Carried.
PH4. ADOPTION OF 2012 -13 BUDGET.
City Manager Lichtig, Assistant City Manager Codron and Director of Finance &
Information Technology Bourbeau presented the staff report and responded to Council
comments.
Council Member Ashbaugh asked how the City was planning to use the park hotel
funds.
Finance and IT Director Bourbeau responded it helped fund the housing program
manager.
Council Member Carter noted the hiring of a full time tourism manager, which would be
paid out of the TIBID, had a minor impact on the general fund.
City Council Meeting Minutes
June 19, 2012
Page 8
Assistant City Manager Codron explained the funding, which was an impact of about
$20,000 to general fund.
Mayor Marx opened the public hearing.
Hearing no testimony, Mayor Marx closed the public hearing.
Council Member Carter said he supported the move for creation of an IT replacement
fund, and the TBID paying for tourism manager_ position. He. added that he appreciated
the 5 year forecast and would like to see more detail in forecast.
Council Member Carpenter said he thought the sales tax and TOT tax was moving in
right direction. He mentioned he was concerned with the shortfall in the capital
improvement projects fund and addressed some of the assumptions in the 5 year
forecast. He wished to see more contingency plans in place.
Council Member Ashbaugh explained that property taxes were still flat but seeing slight
increases. He felt the City needed to lock in greater funding in the capital improvement
program and needed to look at additional grant sources.
Council Member Smith said she supported the city clerk reorganization plan, voiced her
concerned with the capital improvement plan, noting that infrastructure wears out and
she encouraged staff to continue to look at ways to reduce the cost of personnel.
Mayor Marx felt the City was on a path to sustainability. She also expressed her
concern for an IT replacement fund. She said she was pleased to see the additional
staffing where it was needed.
All Council Members thanked the various staff members responsible for the work on the
budget presented to Council this date.
ACTION: Motion by Council Members Ashbaugh /Carter to: Adopt Resolution No:
10377 (2012 Series) approving the 2011 -13 Financial Plan Supplement and 2012 -13
Budget. Roll Call vote: 5 -0. Motion Carried.
COUNCIL LIAISON REPORTS AND COMMUNICATIONS
Council Member Carter said he attended the Zone 9 Flood Control District meeting and
the League Employee Relations Committee meeting on Friday.
Council Member Smith submitted her list of meetings attended.
Council Member Ashbaugh reported several Council Members attended the Public
Officials night on Thursday.
City Council Meeting Minutes
June 19, 2012
Page 9
Mayor Marx mentioned current openings on the Human Relations Commission advisory
body and an opening on the Mass Transportation Committee.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 9:50 p.m.
S-heryll S d roeder, MMC
Interim City Clerk
APPROVED BY COUNCIL: July 10, 2012
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