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07/15/2008MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 159 2008 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice Mayor Paul Brown and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; and Shelly Stanwyck, Assistant City Administrative Officer were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT The following City employees expressed concern that Council delayed negotiations for ' improved dependent health care coverage and explained why they believed Council needed to reconsider this decision. Madelyn Paasch Ron Faria Scott Rains Jeff LeQuesne Paul O'Steen Ed Humphrey A brief discussion ensued, following which Council, by consensus, directed staff to place the matter of revised dependent health care coverage for SLOCEA and Management employees on the August 19"' City Council agenda. Dawn Legg, San Luis Obispo, representing Code Pink and Women for Peace, introduced two international Iranian visitors from Iran who spoke about their goal of cycling around the world to promote peace and environmental conservation. Dane Sense r, San Luis Obispo, expressed concern regarding the acts of vandalism and graffiti committed by two boys visiting the City from Texas. 1 City Council Meeting Tuesday, July 15, 2008 Page 2 Jeanne Secrest, San Luis Obispo, asked Council for assistance in opening the public drainage easement behind her property prior to the upcoming rainy season. She discussed the history of this problem and distributed copies of a settlement proposal related to this matter which was submitted to the City in March. Sifu Kelvin Harrison, San Luis Obispo, discussed his continuing concerns regarding personal harassment. Gary Fowler, San Luis Obispo, discussed his continuing concerns regarding the presence of blight and the accumulation of waste from the homeless encampments in the vicinity of Sacramento Street. He sympathized with employees who spoke on the need for improved dependent health care coverage. Terry Mohan, San Luis Obispo, submitted a protest to the City Clerk on the proposed rate sewer increase. He expressed his disapproval of the proposed alternative routes at Los Osos Valley Road and Highway 101. He objected to cyclists riding sidewalks, particularly an electric bicycle in front of the Library. CONSENT AGENDA Council Member Mulholland asked that item C10 be pulled for discussion. ACTION: Moved by Carter /Mulholland to approve Consent Agenda items 1 -9 as 1 indicated below. Council Member Settle stated that he would opposed item C2. C1. MINUTES OF TUESDAY, JUNE 17.2008 ACTION: Moved by Carter /Mulholland to waive oral reading and approve as amended (see memo on file in the City Clerk's office); motion carried 5:0. C2. RELEASE OF GOVERNMENT ACCESS FUNDS ACTION: Moved by Carter /Mulholland to authorize the release and appropriation of $100,000 from the Government portion of Public, Educational and Government access funds for Channel 20 for: 1. Immediate replacement of or upgrades to existing equipment and software. 2. Future equipment or facilities that will enhance current operations or broaden the City's broadcasting capabilities. 3. Service /maintenance agreements to resolve current and future equipment and /or software issues (4:1, Settle opposed). 1 i 1 1 City Council Meeting Page 3 Tuesday, July 15, 2008 C3. TRANSPORTATION GRANT FUNDING ACTION: Moved by Carter /Mulholland to: 1. Appropriate $120,000 in approved State Highway Account (SHA) grant funding for design and construction of the Bob Jones Bike Path Bridge Connections project budget (90670). 2.. Appropriate $370,000 in approved Highway Safety Improvement Program (HSIP) grant funding for design and construction of a traffic signal at the intersection of Grand and US 101 North Bound off- ramp. 3. Appropriate $255,150 in approved Safe Routes to School (SR2S) grant funding for pedestrian improvements at Hawthorne Elementary, Sinsheimer Elementary, and San Luis Obispo High School, and program $25,515 from. the Capital Improvement Project Reserve Account for the required 10% local match. 4. Appropriate $1,642,000 in approved SHA grant funding for eligible traffic signal and congestion related improvements as identified in`the following report. C4. MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1443 OSOS STREET WITH JAMES AND DIANE DUENOW ACTION: Moved by Carter /Mulholland to adopt Resolution No. 10005 (2008 Series) approving a Mills Act Historic Preservation Contract for property located at 1443 Osos Street as recommended by the Cultural Heritage Committee (CHC). C5. MICROSURFACING 2007 -08 PROJECT, SPECIFICATION NO. 90809 ACTION: Moved by Carter /Mulholland to: 1. Award a contract to Valley Slurry Seal Company in the amount of $747,077 for the Microsurfacing 2007 -08 Project, Specification No. 90809. 2. Approve the fund transfer amounts of $781,977 from the Street Reconstruction, Resurfacing and Sealing Master Account, $7,600 from the New Sidewalk installations Account, $10,000 from the Bicycle Facility Improvements Account and $25,000 from the Minor Storm Drain Facilities Account to the Microsurfacing 2007- 08 Project Account. C6. il AT ACTION: Moved by Carter /Mulholland to adopt Ordinance No. 1518 (2008 Series). C7. MONTEREY STREET SEWERLINE IMPROVEMENTS, SPECIFICATION NO. 90637 ACTION: Moved by.Carter /Mulholland to: 1. Approve plans and specifications for Monterey Street Sewerline Improvements project, Specification No. 90637. 2. Authorize Staff to advertise for bids. 3. Authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's Estimate of $555,500. City Council Meeting Page 4 Tuesday, July 15, 2008 C8. I -BANK $10 MILLION LOAN AGREEMENT FOR TANK FARM PROJECT ACTION: Moved by Carter /Mulholland to adopt Resolution No. 10006 (2008 Series) authorizing the execution and delivery of the Installment Sales Agreement by and between the City of San Luis Obispo and the California Infrastructure and Economic Development Bank (I -Bank) to fund the Tank Farm Gravity Sewer, Lift Station and Force Main Project. C9. CONTRACT STAFF FOR THE CHEVRON SAN LUIS OBISPO TANK FARM RESTORATION AND REDEVELOPMENT PROJECT ACTION: Moved by Carter /Mulholland to: 1. Approve in concept a third party reimbursement agreement for contract staff to assist the City in reviewing applications for a Specific Plan amendment, vesting tentative map, and development plan related to the Chevron San Luis Obispo Tank Farm Restoration and Redevelopment project and to coordinate review with concurrent applications being processed in the County. 2. Authorize the City Attorney to approve the form and the City Administrative Officer to complete the contract signatures contingent upon the developer depositing with the City the amount of the contract. C10. MINOR ADMINISTRATIVE CHARTER AMENDMENT FOR NOVEMBER 4. 2008 ELECTION Council Member Mulholland recommended that the amendments include the deletion of the City Treasurer and City Clerk from the list of appointive officials in section 701 since these have not been appointive positions by the City Council in a number of years. She also recommended that clarifying language be added to section 1202 regarding residency requirements for appointed officials. Council concurred with recommending that City Treasurer and City Clerk be removed from the list of appointive officials, but disagreed with the need to add clarifying language to section 1202. ACTION: 1. Moved by Mulholland /Brown to add the removal of the positions of City Treasurer and City Clerk from section 701 of the Charter to the proposed ballot measure; motion carried 5:0. 2. Moved by Carter /Settle to approve the proposed primary ballot argument and appoint Mayor Romero and Council Member Mulholland to serve as the ad hoc committee to prepare and submit a rebuttal argument, if warranted; motion carried 5:0. 3. Moved by Mulholland /Carter to adopt Resolution No. 10007 (2008 Series) that would submit the proposed Charter amendment to the voters at the General Municipal Election to be held on Tuesday, November 4, 2008, set priorities for filing written arguments regarding a City measure, and direct the City Attorney to prepare an impartial analysis; motion carried 5:0. BUSINESS ITEMS City Council Meeting Page 5 Tuesday, July 15, 2008 1 2. RESULTS OF BINDING ARBITRATION DECISION CAO Hampian introduced this item, following which Human Resources Director Irons and Finance and IT Director Statler presented the agenda report. Public Comments Kent Taylor, San Luis Obispo, expressed concern about the potential for change in Measure Y priorities as a result of binding arbitration. He expressed his hope that the City will not do what Vallejo did when it thought growth would be a way to resolve its financial difficulties. Dane Senser, San Luis Obispo, discussed the complexity of this matter and pointed out that this is not just a police issue, but a community -wide issue. Agatha Reardon, San Luis Obispo, President of the Board of the Senior Center, referred to the senior needs included in Measure Y. She explained that the priority for the seniors is a parking area and if a compromise is needed, seniors would prefer the kitchen remodel or window projects be deferred, but not the parking lot. Richard Rail, Vice President of the Board of the Senior Center, concurred with Ms. Reardon's comments. ' Charles Oldham, San Luis Obispo, Past President of the Senior Center, also concurred and asked that, at the least, the preparation of the plans and specifications be allowed to proceed. He concurred with a communication submitted by Dodie Williams regarding binding arbitration and suggested that a different approach may be necessary for granting salary increases to police. Marie Wilson, San Luis Obispo, also spoke on behalf of proceeding with the parking lot for the seniors at Mitchell Park. Bill Thoma, San Luis Obispo business owner and union employer, said that he supports employees, but explained how binding arbitration with cities differs from the type of binding arbitration that exists in his industry. He pointed out that only 25 cities in the State have binding arbitration and that taxpayers may have priorities other than public safety. Rebecca Ellis, Cal Poly professor, expressed concern that binding arbitration only offers a choice between two extreme positions. She pointed out several problems with binding arbitration which create pressure and morale difficulties. She said that decisions about salaries should be made based on what it will cost to attract and retain employees, and there has not been a problem attracting and retaining police officers in this City. 1 City Council Meeting Page 6 Tuesday, July 15, 2008 John Dunn, San Luis Obispo, discussed the balancing act the City faces between its current operations, its resent and future public facility needs, and debt management. He referred to a June 22" editorial and suggested that if steps are not taken to repeal binding arbitration, a measure should be submitted to voters that would make the. arbitrator's decision subject to approval by the voters. Matthew Blackstone, San Luis Obispo Police Officer, speaking as an individual and not as a representative of the Association, expressed concern regarding negative phrases and comments made as a result of the arbitrators decision, and the "cost" these comments have on morale, trust and working relationships of the parties involved. He asked the community leaders and Department Heads to lead the way forward in a positive manner. Alison Berry Wilkinson, Counsel for SLOPOA, discussed the reason for binding arbitration, said the City and Council were represented at the hearings, and suggested that the financial problem is not with the process of binding arbitration but with the failure to properly analyze results. Dale Strobridge, San Luis Obispo, President of SLOPOA, discussed the binding arbitration process and said that the City did not argue during the process that the City had an inability to pay. Steve Barasch, San Luis Obispo, officer of the SLO Property Owners Association, referred to his letter dated July 7t' in which he suggested that the City does not have a 1 revenue problem, but an expenditure problem. He also suggested that there is a need for the City to consider measures to control and /or reduce its operating expenses and that the City would benefit from the assistance of a consultant in this regard. Leslie Halls, San Luis Obispo, immediate Past President of the SLO Property Owners Association, asked Council to consider the recommendations contained in Mr. Barasch's letter. She suggested Council appoint a broad -based local task force to evaluate possible changes in, among other things, employee retirement programs and benefit structures. Terry Mohan, San Luis Obispo, explained why he did not think the City negotiated in good faith and suggested that there is enough money in the reserve fund to pay the costs of binding arbitration. Gary Fowler, San Luis Obispo, spoke in support of binding arbitration. Michelle Tassff, San Luis Obispo, commented on the differences in the duties of police officers in Santa Maria and this City. She said that Santa Maria's officers will receive less pay than San Luis Obispo's officers as a result of the arbitrator's decision. Dave Garth, President and CEO of Chamber of Commerce, discussed the Chamber Board's unanimous opposition to binding arbitration and expressed concern about the consequences the arbitrator's decision will have on the community. City Council Meeting Tuesday, July 15, 2008 Page 7 1 —end of public comments — Council Member Mulholland discussed the Council's fiduciary responsibility to the City. She also discussed the Council's good faith efforts to negotiate the numerous issues that were brought forward. She stated her opposition to the binding arbitration process. Council Member Brown spoke in support of police officers, firefighters and other employees, but.also spoke in opposition to the binding arbitration process. Council.Member Carter objected to this binding arbitration process because the award was not reasonable when compared with what other employees and citizens earn. He agreed with Council Member Mulholland that a key responsibility of the Council is fiduciary. He was concerned that many Measure Y initiatives will be impacted. He said he did not fault police officers for using binding arbitration, but said he would oppose it. Council Member Settle discussed the Council's need to balance the City budget. He expressed concern about compression issues between management and staff that will need to be addressed as a result of the arbitrator's decision. He also expressed concern about the impact of the arbitrator's decision on the use of Measure Y funds. He concurred with other concerns raised regarding binding arbitration. Mayor Romero explained why he did not think the City's offer to any of its bargaining t units was unreasonable and pointed out that the Police Officers Association was offered more than other units. He discussed the City's long -time policy of setting salaries at the median or 50th percentile and objected to the 85th percentile granted by the arbitrator. He discussed future concerns and implications resulting from the arbitrator's decision. He expressed concern about the impact of the binding arbitration on Measure Y priorities. ACTION: Council concurred with the recommendations contained in the staff report regarding short- and long -term budget - balancing strategies. Council recessed at 9:45 p.m. and the meeting reconvened at 9:55 p.m. with all members present. 1. 2008 WATER RESOURCES STATUS REPORT Acting Utilities Director Henderson presented the agenda report. He and Utilities Conservation Coordinator Munds responded to questions. Public Comments Tenn Mohan, San Luis Obispo, said that there have been excellent conservation efforts 1 since the 50 -year drought and that there is an excellent reservoir system in place. However, he said he thought the report was skewed for the promotion of the Nacimiento City Council Meeting Page 8 Tuesday, July 15, 2008 pipeline project and questioned why the citizens were not given an opportunity to vote on that project. t —end of public comments— Council Member Settle disagreed with Mr. Mohan's comments. Council Member Mulholland expressed appreciation to staff for this report, although she disagreed that Council deleted the policy related to the reliability reserve from the Water Management Element. She encouraged staff to take the updates of the Water Management Element to.the Planning Commission as soon as possible with the hopes that they can be brought to Council in November. Council Member Settle, Vice Mayor Brown and Mayor Romero also expressed appreciation for the report. Mayor Romero acknowledged the significance of the City meeting its build -out water supply. ACTION: Moved by Settle /Mulholland to receive and file the City's 2008 Water Resources Status Report; motion carried 5 -0. COUNCIL LIAISON REPORTS Vice Mayor Brown referred to his June 23, 2008 report on the status of the 10 -year plan 1 to end chronic homelessness and said he wanted the Council to be aware of the highlights from the meeting of the Leadership Council on June 17tH Council Member Settle reported on the activities of the Revenue and Taxation Committee. Council Member Mulholland reported on her attendance at the July 2nd County Resources Water Advisory Committee meeting, the July g`n Mass Transportation Committee meeting, and the Mayors quarterly meeting with Advisory Body Chairs on July 10th. Council Member Carter reported on his attendance at the recent Downtown Association's monthly meeting. Mayor Romero reported on activities of the Regional Transit Authority, as well as on the Mayors' luncheon on July 11tH 1 City Council Meeting Tuesday, July 15, 2008 COMMUNICATIONS None. Page 9 There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:30 p.m. Audrey He City Clerk APPROVED BY COUNCIL: 09/02/08 1 1