HomeMy WebLinkAbout06-19-2012 c1 minutes june 5th 2012MEETING DATE : June 19, 201 2
ITEM :
C l
MINUTE S
SPECIAL AND REGULAR MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, JUNE 5, 201 2
5 :00 P .M . SPECIAL MEETIN G
7 :00 P .M . REGULA R
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
ROLL CALL :
Council Member s
Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e
Mayor Dan Carpenter, and Mayor Jan Mar x
City Staf f
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l
Codron, Assistant City Manager, and Sheryll Schroeder, Interim Cit y
Clerk, were present at Roll Call .
---------------------------------------------------------------------------------------------------------------
CLOSED SESSIO N
City Attorney Dietrick announced the following Closed Session topics ;
CONFERENCE WITH LABOR NEGOTIATOR S
Pursuant to Government Code § 54957 .6
Agency Negotiators :Rick Bolanos, Monica Irons, Katie Lichtig, Michael Codron ,
Christine Dietrick, Greg Zocher, Charles Bourbea u
Employee Organizations :San Luis Obispo City Employees' Association (SLOCEA )
San Luis Obispo Police Officers' Association (POA )
CONFERENCE WITH LEGAL COUNSEL — Existing Litigatio n
Pursuant to Government Code § 54956 .9
San Luis Obispo Police Officers Association v . City of San Luis Obisp o
Public Employment Relations Board, Case No . LA-CE-729-M
PUBLIC COMMENT ON CLOSED SESSION ITEMS :
Mayor Marx called for public comments . None were heard and the Council recessed t o
the Closed Session .
Closed Session adjourned at 6 :05 p .m .
City Council Meeting Minutes Page 2
June 5, 201 2
ROLL CALL :
Council Member s
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 Sheryll Schroeder, Interim Cit y
Clerk, were present at Roll Call . Other staff members presented report s
or responded to questions as indicated in the minutes .
PLEDGE OF ALLEGIANC E
The Pledge was provided by Council Member Smith .
---------------------------------------------------------------------------------------------------------------
CLOSED SESSION REPOR T
City Attorney Dietrick announced that there were no reportable actions from eithe r
Closed Session items .
---------------------------------------------------------------------------------------------------------------
PRESENTATION S
Mayor Marx introduced Colleen Martin from San Luis Obispo High School wh o
announced student's names and presented certificates for their community service .
-----------------------------------------------------------------------------------------------------------------
PUBLIC COMMENT (Items not on the agenda )
Don Hedrick, San Luis Obispo, spoke on transparency in government .
Lacy Fortman, Morrow Bay, spoke regarding homelessness .
Trina Blanchette, San Luis Obispo, urged police to stop ticketing the homeless .
Jim Griffin, San Luis Obispo, spoke in the negative on the City's homeless program .
----------------------------------------------------------------------------------------------------------------
CONSENT AGEND A
Council Member Carpenter requested to pull Item C5 in order to recuse himself .
Council Member Ashbaugh asked questions on Items C4 and C9 .
City Council Meeting Minutes Page 3
June 5,201 2
ACTION :Council Members Carter/Smith moved to approve the Consent Calendar ,
Items Cl through CIO, minus C5, and recorded a no vote by Council Membe r
Ashbaugh on Item C 3 and a no vote by Council Member Carter on Item C6 . Roll Cal l
vote : 5-0 . Motion Carried .
Cl .MINUTES OF TUESDAY, MAY 8, 2012 ; AND MAY 15, 2012 .
(CODRON/SCHROEDER )
RECOMMENDATION : Waive oral reading and approve as presented .
C2.CALLING NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION .
(CODRON/SCHROEDER )
RECOMMENDATION : 1) Adopt a Resolution No :10362 (2012 Series) calling for, an d
giving notice of, a General Municipal Election on Tuesday, November 6, 2012,an d
adopting regulations pertaining to candidates' statements . 2) Adopt a Resolutio n
No :10363 (2012 Series) requesting that the San Luis Obispo County Board o f
Supervisors consolidate the November 6, 2012, General Municipal Election with th e
Statewide General Election to be held on that date .
C3.INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2 .04 OF TH E
SAN LUIS OBISPO MUNICIPAL CODECOUNCIL MEETING DATE CHANGE .
(CODRON/SCHROEDER )
RECOMMENDATION : Introduce by title only an Ordinance No :1580 (2012 Series )
amending Chapter 2 .04 of the San Luis Obispo Municipal Code to restore regula rCouncilmeeting dates to the first and third Tuesday of the month and meeting time t o
6 :00 P .M .
C4.LICENSE AGREEMENT GRANTING RIGHT-OF-WAY FROM HERB FILIPPON I
AND JOANN DENBOW ON PROPERTY BETWEEN IRISH HILLS NATURA L
RESERVE AND JOHNSON RANCH OPEN SPACE .(CODRON/HAVLIK )
RECOMMENDATION : 1) Approve a License Agreement with Herb Filipponi and JoAn n
Denbow to permit construction and use of a non-motorized multi-use trail crossing a
portion of the Filipponi/Denbow property adjacent to Irish Hills Natural Reserve an d
Johnson Ranch Open Space .2)Approve a Release, Waiver of Liability, Assumption o f
Risk and Indemnity Agreement providing legal protections to Mr . Filipponi and Ms .
Denbow for public use of the Licensed Area .3)Authorize the Mayor to sign th e
License and Release Agreements .
C6 .ADOPTION OF AN ORDINANCE AMENDING FRONT YARD PARKIN G
REGULATIONS OF THE MUNICIPAL CODE AND .REMOVING THE 72-HOUR .
TIMEFRAME FOR PROPERTY MAINTENANCE STANDARDS VIOLATIONS ;
CITY FILE #:TA 143-11 .,(JOHNSON/LEVEILLE)
City Council Meeting Minutes Page 4
June 5, 201 2
RECOMMENDATION : Adopt Ordinance No .1579 (2012 Series) amending front yar d
parking regulations of the Municipal Code and removing the 72-hour timeframe fo r
property maintenance standards violations .
C7.FY 2012-13 CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOI D
THE 14" GRANT APPLICATION .(GESELL/ELLSWORTH )
RECOMMENDATION : 1) Approve the submittal of a grant application to the Californi a
Office of Traffic Safety (OTS) for an Avoid the 14 grant in an amount not to excee d
$230,000 . 2) If a grant is awarded, authorize the City Manager to execute the necessar y
grant documents .
C8.FIRE PREVENTION AND SAFETY GRANT .(HINES/COX )
RECOMMENDATION : 1) Authorize the City's submittal of a grant application in th e
amount of $230,000 to Federal Emergency Management Agency (FEMA) for fir e
prevention and safety grant for 2012-13 . 2) Authorize the City Manager to accept an d
appropriate the funds to the Fire Department if the grant is awarded to the City .
CO .SLO TRANSIT CAPITAL PROJECTS AMENDMENT .(WALTER/WEBSTER )
RECOMMENDATION : 1) Adopt a Resolution No :10364 (2012 Series) authorizing th e
Public Works Director to execute all required documents and any amendments theret o
with the California Department of Transportation and California Emergenc y
Management Agency regarding transit security grants . 2) Authorize the Finance Directo r
to award contracts and execute Purchase Orders for bus stop safety and securit y
equipment in accordance with the City procurement policy if costs are within th e
budgeted amounts .
C10 .RESOLUTION REAUTHORIZING THE COUNTY'S COLLECTION OF FIR E
AND LIFE SAFETY INSPECTION FEES .(HINES/MAGGIO )
RECOMMENDATION : Adopt a Resolution No :10365 (2012 Series) enabling th e
continued collection of multi-dwelling property fire and life safety inspection fees via th e
secured property tax roll administered by the County .
CONSENT ITEMS PULLED FOR SEPARATE ACTIO N
C5 .ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPA L
CODE (ZONING REGULATIONS); CITY FILE #: RITA 101-11 .
(JOHNSON/DAVIDSON )
RECOMMENDATION : Adopt Ordinance No .1578 (2012 Series) amending Title 17 o f
the Municipal Code regarding alcohol outlet regulations .
City Council Meeting Minutes Pag e,5
June 5, 201 2
At this time Council Member Carpenter recused himself, stating he now had a potentia l
financial interest in property affected by ordinance and he left the dais .
Community Development Director Johnson presented proposed new language .
PUBLIC COMMENTS ON CONSENT AGENDA ITEM S
Gary Fowler, San Luis Obispo, speaking on Item C10, said he felt the fire inspection fee s
were unwarrented, adding that insurance carriers did the inspections .
Deborah Cast, San Luis Obispo Downtown Association, Item C5, expresse d
disappointment with the Downtown Association being removed from the ordinance .
Carl Dudley, San Luis Obispo, member of Downtown Association, spoke on Item C5, an d
urged Council to add the peer review element back into the ordinance .
Andrea Miller, San Luis Obispo, speaking on Item C5, noted some problem areas in th e
downtown, saying the city asked them to self police and now the ordinance was change d
to remove them from the process .
Ron Meier, Downtown Association, spoke on Item C5, saying that originally al l
stakeholders were invovled and had worked to add prospective to the issue .
Steve Tolley, speaking on Item C5, said SNL felt they needed to be included in th e
ordinancne, they had experience in the industry . He added that he felt they could solv e
problems before the hearing process took place and asked to keep the Downtow n
Association in the ordinance .
---end of public comments--
Community Development Direcotr Johnson explained the proposed language change .
Council Member Carter mentioned that he suggested compromise language after a
meeting where the Downtown Association was still interested in being a part of th e
ordinance . He said that what he was trying to codify was that intersted parties would b e
notified in advance, would have adequate time to meet and come with recommendation s
to the code enforcement officer .
Council Member Ashbaugh said the intent was not to remove reference to the Downtow n
Association but to expand input from a variety of sources . He noted that the alcoho l
outlet study pointed out that the majority of the problems with alcohol was not in th e
downtown area . He said he was not ready to approve the ordinance as drafted, h e
wished to have it return to Planning Commission to wordsmith it .
Council Member Smith expressed support of public involvement . The original staff
recommendation was to include SNL and Downtown Association and she was surprise d
C1-5
City Council Meeting Minutes Page 6
June 5, 201 2
to see deletion of Downtown Association as part of the recommendation and she wishe d
to see the language of the original ordinance return .
Mayor Marx felt SNL could work with the City whether or not it was mentioned in th e
ordinance . She felt that was asking Council to delegate some authority power to a
group while there was no other organization that had regulatory power over businesses .
She suggested the Council go with the proposed language and review it in a year .
Council Member Carter suggested the last sentence in the proposed new language rea d
"Interested parties are defined as those that have a made a request with the City Clerk t o
be notified of these procedures and includes the Downtown Association or it's successo r
agency ."
Council Member Smith said the City would still be in the lead position in the origina l
ordinance, that it provided a peer review process only .
Mayor Marx mentioned there was a difference between peer review processes and a
process aimed at making the problem go away so that it never comes to a hearing . Sh e
said she was not against peer review but felt it was not necessary to delegate a cit y
function to another group . She was agreeable to Council Member Carter's suggeste d
language .
Council Member Ashbaugh stressed he wished to see it return to Planning Commission .
City Attorney Dietrick stated the prior language proposed by staff did not assign th e
Downtown Association an adjudicatory rule, what it did was formalize the peer review a s
a piece of information which would then be forwarded onto the hearing officer fo r
consideration . She added it was not contemplated to preempt a city hearing but to be a
part of the city hearing . Regarding the point of integrating the Downtown Association as a
body, the city did have a unique contractural relationship with the Downtown Associatio n
that was not similar or comparable to the relationship with other advocacy groups withi n
the context of the public input processes .
Mayor Marx moved to send the item back to staff to work on language and clarify roles .
Council Member Carter seconded the motion .
City Attorney Dietrick asked for clarification, asking if Council was comfortable with th e
formalization of the input as long as it was not on an adjudicatory function .
Mayor Marx clarified her motion that the item be sent back to staff, revisting Section D ,
that staff define the role of the Downtown Association in explicit terms that they are not i n
an adjudicatory role, that they were offering advise and counseling prior to the hearing t o
whomever is accused of violating the ordinance and gives input at the hearing .
City Council Meeting Minutes Page 7
June 5, 201 2
Council Member Carter withdrew his second to the moiton and Mayor Marx withdrew he r
motion .
Council Member Ashbaugh proposed a two part motion : 1) return the ordinance to staf f
with direction to clarify the role of the Downtown Association, and 2)spell it out an d
provide a disput resolution process in ordinance .
Motion died for lack of a second .
Council Member Carter moved to continue the item to June 19, 2012 and conside r
everyone's suggested wording .
Council Member Ashbaugh seconded the motion .
City Manager Lichtig suggested members of the community stakeholder's group b e
engaged .
Roll Call vote : 4-0 . Council Member Carpenter recused . Motion carried .
At this time, 8 :35 P .M ., Council Member Carpenter return to the dias and Council took a
ten minute break . All Council Members returned at 8 :45 p .m .
-----------------------------------------------------------------------------------------------------------------
BUSINESS ITEMS ,
B1 .INTRODUCTION OF MENACING AND AGGRESSIVE ANIMAL ORDINANCE .
Chief of Police Gesell presented the staff report and responded to Council comments .
Chief Gesell explained the proposed amendment to the ordinance was that all sections
in Title 6 of the Municipal Code were listed as infractions .For an infraction to be cited
by a Peace Officer it must be observed by the citing officer . This would inhibit o r
preclude enforcement of the Municipal Code . Staff recommended that the ne w
language list this section as a misdemeanor which can be observed by another citize n
and therefore cited by any Peace Officer . "Section 6 .20 .070, subsection E, 5 .Where
criminal enforcement of this section is pursued, any violation of this section shall b e
deemed a misdemeanor, notwithstanding Section 1 .12 .060 of this Code ."
PUBLIC COMMENTS ON ITEM B1 :
Steve Delmartini requested a definition of the term "landlord".
Dr . Anderson replied that the County did not define the term landlord and Chief Gesel l
added that the proposed language defined property owner not landlord .
Don Hedrick, San Luis Obispo, asked if a three strike law would apply .
C1-7
City Council Meeting Minutes Page 8
June 5, 2012
---end of public comments---
Council Member Ashbaugh pointed out a typographical error in Section 6 .20 .070 ,
subsection F "Libility of property owners", 1 . "Owners of properties upon which a tenan t
keeps, harbors, or maintains any aggressive or menacing animal may, along with th e
animal owner(s) be jointly" ---
ACTION :Motion by Council Members Carpenter/Carter to introduce by title only a n
amended Ordinance No :1581 (2012 Series) adding Section 6 .20 .070 (Menacing an d
Aggressive Animals) to Chapter 6 .20 the San Luis Obispo Municipal Code prohibitin g
menacing and aggressive animals in the City . Roll Call vote : 5-0 . Motion Carried .
B2 .CONSIDERATION OF POSSIBLE BALLOT MEASURES FOR TH E
NOVEMBER 2012 GENERAL ELECTION REGARDING UTILITY USER TA X
ORDINANCE MODERNIZATION AND MEASURE Y REAUTHORIZATION .
Finance and Information Technology Director Bourbeau presented the staff report o n
the Utility User Tax and Assistant City Manager Codron presented the staff report o n
Measure Y and both responded to Council comments .
PUBLIC COMMENTS ON ITEM B 2
Don Hedrick, San Luis Obispo, questioned the utility tax portion on bundled services an d
stated that he did not feel Measure Y funds were being used as intended .
Courtney Kienow, Chamber of Commerce, said the Chamber supported staff
recommenation to not pursuing renewal of Measure Y in 2012 .
Kevin Rice, San Luis Obispo, concurred with the staff recommendation, asked staff t o
keep a track record, and wished to see Measure Y funds used to maintain and enhanc e
current infrastructure, not new project s
Steve Barasch, San Luis Obispo Business and Property Owners Association, voice d
concerns on how Measure Y funds were being spent and did not support th e
reauthorization .
---end of public comments---
ACTION :Motion by Council Members Ashbauqh/Smith to direct staff to place on th e
November 6, 2012, general election ballot an ordinance modernizing the City's existin g
Utility Users Tax (UUT) to reflect changes in technology and state and federal law, an d
to reduce the tax rate on telecommunications services from 5% to 4 .8%. Roll Call vote :
5-0 . Motion Carried .
City Council Meeting Minutes Page 9
June 5, 201 2
ACTION:Motion by Council Members Smith/Ashbaugh to direct staff not to pursu e
reauthorization of Measure Y during the 2012 general election . Roll Call vote 5-0 .
Motion Carried .
B3 .ADOPTION OF A RESOLUTION APPROVING A BARGAIN SAL E
AGREEMENT WITH THE FILIPPONI AND TWISSELMAN FAMILIES T O
PURCHASE 89 ACRES OF PROPERTY ABOVE JOHNSON AVENUE, AN D
APPROPRIATING AN ADDITIONAL $67,500 OF HALF-CENT SALES TA X
(MEASURE Y) FUNDS TO COMPLETE THE TRANSACTION .
Natural Resources Manager Havlik presented the staff report and responded to Counci l
comments .
Council Member Ashbaugh asked about the property rights to share a well and Natura l
Resources Manager Havlik said that the City had a commitment to not put a home on th e
property, which would render it moot .
PUBLIC COMMENTS ON ITEM B 3
Don Hedrick, San Luis Obispo, expressed concern of the use of Measure Y funds t o
purchase the property .
---end of public comments---
ACTION :Motion by Council Members Carpenter/Carter to Adopt a Resolution No :-
10366 (2012 Series): 1) Approving the Bargain Sale Agreement for Purchase and Sal e
of Real Property with Herbert and Diane Filipponi, Darrell and Nola Twisselman, an d
Kenneth and Rosemary Twisselman for 89 acres of land above Johnson Avenue in th e
unincorporated area of San Luis Obispo County, as a "bargain" (i .e ., below marke t
value) purchase, and subject to non-substantive changes approved by the Cit y
Attorney ; 2) Transferring $67,500 from the Unallocated Reserve resulting from the over -
realization of the City's half-cent sales tax (Measure Y) revenues in the current fisca l
year to the Open Space Capital Improvement Fund ; and 3) Authorizing the negotiatio n
of an amendment to the existing conservation easement held by the Land Conservanc y
of San Luis Obispo County covering the former Bowden Ranch at Reservoir Canyo n
Natural Reserve to include the purchased property . Roll Call vote : 5-0 . Motio n
Carried .
-----------------------------------------------------------------------------------------------------------------
COUNCIL LIAISON REPORTS AND COMMUNICATION S
Mayor Marx announced the community celebration for the completion of downtow n
lighting enhancement program to take place June 6, 2012 .
-----------------------------------------------------------------------------------------------------------------
City Council Meeting Minutes Page 1 0
June 5, 2012
ADJOURNMENT ,
There being no further business to come before the City Council, Mayor Marx adjourne d
the meeting at 10 :20 p .m .
Sheryll Schroeder, MM C
Interim City Cler k
APPROVED BY COUNCIL :
C1-10