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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 1 ii:7 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 - -- .J 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 o%,%„enr%o% A ikmr% gri ir- d+ w M I 1 n0-� J-irni mr-1 Aigrw CRilnl AVCGC! A CcA/�1 ATIAAI 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 J f.