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HomeMy WebLinkAbout11-20-2012 c1 minutes• • • MEETING DATE : November 20, 201 2 ITEM :C l MINUTE S ADJOURNED REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O WEDNESDAY, NOVEMBER 7,2012 - 6 :00 P .M . COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Members Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e Mayor Dan Carpenter, and Mayor Jan Mar x City Staff Present : Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk , were present at Roll Call . Other staff members presented reports o r responded to questions as indicated in the minutes . ------------------------------------------------------------------------------------------------------------ PLEDGE OF ALLEGIANC E Council Member Carter led the Pledge of Allegiance . MOMENT OF SILENC E Mayor Marx led a moment of silence for Greg Hind, San Luis Obispo businessman , environmentalist and philanthropist who passed away recently . --------------------------------------------------------------------------------------------------------------- PRESENTATION S PROCLAMATION SAN LUIS OBISPO FFA TEAM (MARX) This matter was postponed to November 20, 2012 . ---------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT ITEMS NOT ON THE AGEND A Jodv Frey,San Luis Obispo, spoke regarding ADA issues, including curb cuts o n specific street corners . Vice Mayor Carpenter asked questions of Interim PW Directo r Mattingly . Ms . Mattingly will respond to Council . John Spatafore,San Luis Obispo, spoke regarding the homeless service center an d safe shelter parking . He commended staff for the cooperative work that has been done . Kevin Rice,San Luis Obispo, commented on rule of law and ordinances passed by th e Council . The laws and ordinances have no mercy ; Council has duty to have mercy i n the construction of the ordinances . ---end of public comments--- ------------------------------------------------------------------------------------------------------------- City Council Meeting Minutes Page 2 November 7, 2012 CONSENT AGENDA Public Comments On Items On The Consent Calenda r No one spoke at this time . ---end of public comment--- ACTION :Motion by Council Member Ashbauqh Council Member Carterto approve the Consent Calendar Items Cl (with correction to page C1-13 of th e Minutes for the meeting of October 16, 2012 .) and C 2 Roll Call Vote : 5 - O . Motion Carried . CI .MINUTES OF TUESDAY, OCTOBER 2, 2012 ; AND OCTOBER 16 , 2012 .(CODRON/KENNEDY GRIMES ) RECOMMENDATION : Waive oral reading and approve as presented . ACTION :Approved by Consent Calendar Vote . C2 .SURPLUS DESIGNATION AND AUTHORIZATION OF SALE . (MATTINGLY/SCHMIDT/HUDSON ) RECOMMENDATION : Authorize the surplus designation and disposal of surplu s units by sale, auction, trade-in, or other methods in accordance with the City s policies and procedures as prescribed in the Financial Management Manua l Sections 405-L and 480-B . ACTION :Approved by Consent Calendar Vote . ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS AND BUSINESS ITEM S PHI .RESOLUTION OF INTENTION AND AN URGENCY ORDINANC E AUTHORIZINGANAMENDMENT TO THE CONTRACT BETWEEN THE CIT Y OF SAN LUIS OBISPO AND THE BOARD OF ADMINISTRATION OF TH E CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVID E SECTION 20475 (DIFFERENT LEVEL OF BENEFITS), SECTION 21362 (2 50 FULL FORMULA) AND SECTION 20037 (THREE-YEAR FINA L COMPENSATION) FOR LOCAL POLICE SAFETY MEMBERS AND TO PROVIDE SECTION 20475 (DIFFERENT LEVEL OF BENEFITS), SECTIO N 21353 (2 60 FULL FORMULA) AND SECTION 20037 (THREE-YEA R FINAL COMPENSATION)FOR MISCELLANEOUS MEMBERS . (IRONS/ZOCHER ) Human Resources Director Irons and Human Resources Manager Zocher presente d the report and responded to Council questions . Finance Director Bourbeau responde d to Council questions . • • • City Council Meeting Minutes Page 3November 7, 201 2 •Mayor Marx opened the public hearing . No one spoke at this time . Mayor Marx closed the public hearing . ACTION :Motion by Vice Mayor Carpenter Council Member Smith to : 1 )Adopt Resolution No . 10409 (2012 Series)a resolution of intention approving a namendment to the contract between the Board of Administration of the Californi aPublic Employees Retirement System (CaIPERS) and the City Council of th eCity of San Luis Obispo ; and 2) Introduce by title only an Urgency Ordinance N a1585 (2012 Series)authorizing an amendment to the contract between the Cit yCouncil of the City of San Luis Obispo and the Board of Administration of th eCalifornia Public Employees Retirement System, and authorize staff to brin gback the Urgency Ordinance for adoption to become effective immediately o nDecember 4, 2012 .Roll call Vote 5-0 Motion Carried . PH2 .PUBLIC HEARING ON THE 2012-2013 PROGRAM OF PROJECTS FO RFEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANTS .(MATTINGLY/WEBSTER ) •Interim Director of Public Works Mattinqly and Transit Manaqer Webster presented th ereport and responded to Council questions . Mayor Marx opened the public hearing . No one spoke at this time . Mayor Marx closed the public hearing . ACTION :Motion by Council Member Carter Council Member Ashbaugh to :1) Conduct a public hearing on the 2012-13 Federal Transit Administratio nProgram of Projects . 2) As recommended by the San Luis Obispo Urbanize dArea Technical Committee, adopt the proposed FY 2012-13 Program of Project sand appropriate 1,424,563 in Federal Transit Administration grant funding fo r2012-13 into the SLO Transit budget . 3) Adopt Resolution No . 10408 (201 2Series)authorizing the Interim Public Works Director, or his/her designee to file agrant application and execute a grant agreement with the Federal Transi tAdministration in the amount of 1,424,563 . 4) Direct staff to return to Counci lwith final budget amendment requests, revised revenue projections and loca lmatching needs, if any, as part of the Mid-Year Fund Review in February 2013 .Roll call Vote : 5-0 Motion Carried . • City Council Meeting Minutes Page 4 November 7, 201 2 PH3 .OVERSIZED VEHICLE UNATTACHED TRAILER PARKING REGULATIONS .• (MATTINGLY/JOHNSON/GESELL/HUDSON/HORCH/STORTON ) Interim Public Works Director Mattingly and Interim Deputy Public Works Director Hudso npresented the report and responded to Council questions .Police Chief Gesell,DeputyPublic Works Director Bochum,City Attorney Dietrickand City Manager Lichtiq answeredCouncil questions . Mayor Marx opened the public hearing . Gary Fowler .San Luis Obispo, praised the staff presentation and commented on th e implementation of current regulations . He referred to several vehicles he has complaine dabout that nothing has happened to, including vehicles with out of date registration o r inoperable condition . Courtney Kienow,representing SLO Chamber of Commerce, stated that curren t regulations are not working ; the Chamber wants to see a clearly defined regulation an d permitting process and would like consideration of expansion of safe shelter parkin gprogram. Bill Thoma,San Luis Obispo, stated the business park isn t specifically addressed an dshould be . In addition, he stated that some vehicles are not oversized, but are an •eyesore . He asked the question, what happens after five citations and impound? H econcluded by stating that 40 Prado is a large enough site to house an overnight parkin gsolution and could be an immediate solution . Rev . Cynthia Rae Eastman,San Luis Obispo, stated that criminalization of homelessnes sis not right . Carolyn Smith,San Luis Obispo, stated that she felt this matter should be continued an dneighborhood groups be consulted . In addition, she stated that this system can b eplayed and is too convoluted ; she felt the City needs a clear ordinance that is easy t o enforce . Kevin Rice,San Luis Obispo, stated there are a lot of nuances that need to be reviewe d before this Ordinance is passed . Sandra Rowley,San Luis Obispo, spoke individually and on behalf of Residents fo rQuality Neighborhoods, she wanted to participate in the discussion and figure out what i sthe best thing for public safety and wellness . As a private citizen, she stated she receive sa lot of emails and can not be certain if she received and deleted an email from the cit y regarding this matter .---end of public comments-- Mayor Marx closed the public hearing .• City Council Meeting Minutes Page 5November 7, 201 2 •Council Member Ashbaugh asked questions regarding commercial registration o foversized vehicle to a business address and inquired into the appropriateness o f mapping streets that would not be available for permits .Interim Deputy Public Work sDirector Hudson,Deputy Public Works Director Bochum,and City Attorney Dietric kresponded. Council Member Carter voiced his desire to see a reduction of parking within 75 feet o fan address to 25ft ; reduction of three days to two days within a fifteen or thirty da ytimeframe; construction parking should be part of the construction permitting process ;72 hour rule should be reduced to 48 hours ; one permit per thirty days, five permits pe r address should be reduced to four per year ; and with regard to fines and towing, towin gshould take place after three citations, not five . Council Member Smith felt the Council was overriding the public process . She state dher support of neighborhood groups ; and feels the City needs to include them in th eprocess. She was uncomfortable setting up regulations when the residential group sand people who will be most affected by this Ordinance have not been included .Restrictions should be stronger and more uniform than set forth in the curren tdocument.Interim Public Works Director Mattingly reviewed what outreach wa s conducted as part of their process . Council Member Ashbaugh stated that Council should provide direction to staff•regarding what outreach they want to see and standards they would like within th eOrdinance, so that there is clarity for property owners, vehicle owners and staff . Vice Mayor Carpenter brought up the concept of the resources necessary to implemen tthe current Ordinance or future Ordinances and felt these need to be addressed in ou rbudget and goal setting process . Appropriate the resources and set a priority for th ePolice Department .Community Development Director Johnson responded . Mayor Marx commented that she sees a distinct difference between the issues of th eunattached trailers and oversized vehicles . She asked the desire of the members o fCouncil to separate the issues and move forward .Council Member Ashbauqh aske dstaff if it was possible to proceed with an ordinance without reference to oversize dvehicles.Interim Director Mattinqly stated that staff would prefer to keep both issue stogether, and therefore would like direction from Council to proceed with additiona l outreach to residential groups . No consensus was reached and Mayor Marx withdre wher suggestion . Mayor Marx summarized several issues the Council had discussed with regard to th eordinance: the number of feet from house ; the number of days allowed, the issue o ftimes (10pm 5am, midnight 5am or 10pm to 6am to coincide with the campin gordinance), the enforcement and priority of enforcement . She suggested that staff us ethese issues when holding discussions with neighborhood groups . City Council Meeting Minutes Page 6 November 7, 201 2 Deputy Director Bochum stated that due to the upcoming holidays, obtaining feedbac k may take some time and felt staff would be able to report back to Council after the firs t of the year . Mayor Marx stated she felt staff, with the assistance of community groups, shoul d develop a roster of community group contacts to include in the outreach process, an d update the roster on a regular basis . ACTION :Motion by Council Member Carter Council Member Smith that staff go back and communicate with interested individuals and organizations an d bring the resulting feedback to Council within the first quarter of the 2013 . Roll call Vote 5-0 Motion Carried . ----------------------------------------------------------------------------------------------------------------- At 8 :12 pm Council recessed and returned at 8 :27 pm with all Council Members i n attendance . ----------------------------------------------------------------------------------------------------------------- STUDY SESSION ITEM S SS1 .CONSIDERATION OF PURPOSE, FEATURES AND TIMING OF A WORKSHOP REGARDING WAYS TO ADDRESS HOMELESSNESS IN TH E CITY .(LICHTIG ) City Manager Lichtiq presented the report and responded to Council question s Public Comment s Jason Reed,San Luis Obispo, commended the City Council on their consideration an d participation surrounding the issue of homelessness . He informed the Council that o n December 20, 2012 an interfaith candlelight vigil will be held from 5 :00 6 :00pm on th e steps outside the Courthouse, to commemorate those who have died outside . Rev . Cynthia Rae Eastman,San Luis Obispo, stated she is delighted that there will be a workshop regarding homelessness . She asked that City events not be scheduled t o conflict with sign in times at the shelter . Dee Torres, CapSLO Director,responded to Council that check in at the shelter is b y 7 :00pm ; however, they accommodate people when they plan ahead or let a counselo r know they will be late due to an appointment or event . She also informed Council of th e meal times at Prado : breakfast 8 :30am until they are finished ; lunch 12 :00 noon ; Dinne r 5 :00 7 :00pm (families start at 4pm). ---end of public comments--- • • • City Council Meeting Minutes Page 7November 7, 201 2 Vice Mavor Carpenter stated his goal for the workshop is to get Council away from thi s• venue with the purpose to hear from one another what we hear from others in a settin gthat does not violate the Brown Act . He wants to receive public input into goals of th eCouncil to address issues of the homelessness that we currently do not address . H ehopes the workshop will be a solution based environment, not complaining and tellin gCouncil what is wrong, but hearing people s ideas and solutions . Discussion can b eopen to the public first to share solutions, then bring it back to Council to share solution s we have heard from others . He would hope it would be a Council driven session, rathe rthan use staff or a facilitator . He would like the venue to be Ludwick Center, Library, o ranother facility, as long as Council is on the same level . With regard to resources, h esuggested a note taker, staff in a listening and note taking position from the back . Members of Council discussed their perspectives and suggestions . Mayor Marx focused the discussion and Council Members agreed to the followin gelements for a Workshop regarding ways to address homelessness in the city . ACTION :City Council reached consensus that a workshop regardin ghomelessness be scheduled with a focus toward solutions . Public testimony wil lbe followed by Council discussion . Mayor Marx will facilitate the workshop . Th eCity will not video tape the workshop . The workshop will take place on Januar y12, 2013 beginning at 9 :00am . The venue will be confirmed by staff as Ludwic kCenter or the Veterans Hall, depending upon availability . Public testimony will b e• encouraged in two forms : written submissions in advance of the meeting, an dpublic comment at the workshop of three minutes per person . The Counci lrequested that documents be uploaded to the City website for review prior to th eevent. Staff support to include a scribe, notes taken on flip charts, and asummary of the discussions prepared after the meeting . In addition to publi cnotifications, Council Members will extend personal invitations to encourag eparticipation. SS2 .UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM STATU SREPORT.(JOHNSON/GIRVIN ) Mavor Marx thanked Tim Girvin for his years of service and noted that this would be hi slast presentation to the Council before retiring in December . Members of Counci lthanked him for his service . Community Development Director Johnson and Chief Buildinq Official Girvin presente dthe report and responded to Council questions . Public CommentsNo public commen t •---end of public comments-- City Council Meeting Minutes Page 8 November 7, 201 2 ACTION :Motion by Council Member Ashbauqh Council Member Smtih t o receive and file report regarding status of Unreinforced Masonry Hazard Mitigatio n (URM) Program In addition, Council extended their thanks to Tim Girvin and Clair e Clark for their considerable service on this project . Roll call Vote 5-0 Motion Carried . ---------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Liaison Reports : This item was continued to the next Regular Meeting set for November 20, 2012 . Communications : -------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourned the meeting at 9 :52 p .m . Maeve Kennedy Grime s City Cler k APPROVED BY COUNCIL : xx/xx/12 • • •