HomeMy WebLinkAbout06-05-2012 c1 minutes may 8 and may 15 2012MEETING DATE : June 5, 201 2
ITEM :
C l
MINUTE S
REGULAR MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, MAY 8, 2012 5 :45 P .M . SPECIAL MEETIN G
7 :00 P .M . REGULAR MEETIN G
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
CALL TO ORDER :Mayor Jan Marx called the Special Meeting to order at 5 :45
P .M .
ROLL CALL : Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e
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 .
City Attorney Dietrick announced the following Closed Session topics .
CLOSED SESSIO N
CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigatio n
Pursuant to Government Code § 54956 .9 (b)(1) and (b)(2 )
One (1) potential action against the City related to a dispute regarding fee assessment s
and Prado Road reimbursements pursuant to project conditions and agreements of th e
MD2 project
PUBLIC COMMENT ON CLOSED SESSION ITEMS :City Attorney Dietrick called fo r
public comments on the closed session items and hearing none, recessed to close d
session .
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7 :00 P .M . REGULAR MEETIN G
CALL TO ORDER :Mayor Jan Marx called the regular meeting to order :
ROLL CALL :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e
Mayor Dan Carpenter and Mayor Jan Marx
City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney ,
Michael Codron, Assistant City Manager,and She II Schroeder,Interim City Clerk,
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Tuesday, May 8, 201 2
were present at Roll Call . Other staff members presented reports or responded t o
questions as indicated in the minutes .
CLOSED SESSION REPOR T
City Attorney Dietrick announced the following actions from the May 8, 2012 specia l
meeting held at 5 :45 P .M . for the following :
CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigatio n
Pursuant to Government Code § 54956 .9 (b)(1) and (b)(2 )
One (1) potential action against the City related to a dispute regarding fee assessment s
and Prado Road reimbursements pursuant to project conditions and agreements of th e
MD2 project .
She reported that Council did vote 4-0, with Council Member Smith recused due t o
conflict of interest related to the proximity of her residence to the area under discussion .
She noted there were existing facts and circumstances that constituted significan t
exposure to litigation, thereafter Council considered the facts, no reportable actio n
taken .
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PLEDGE OF ALLEGIANC E
The Pledge was provided by Mayor Pro Tem Carpenter .
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PRESENTATION S
PROCLAMATION — KVEC - 75 YEARS .Mayor Marx presented King Harris with th e
Proclamation
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PUBLIC COMMENT (Items not on the agenda).
Rodger Maggio, San Luis Obispo, announced Wildfire Awareness Week, May 6-12 .
Gary Fowler, San Luis Obispo, spoke in opposition to the purchase of open space fro m
the general fund .
Heather Cavdill, San Luis Obispo, spoke about the upcoming Relay for Life race .
Don Hedrick,San Luis Obispo, spoke on transparency of government .
Lacy Fortman, Morrow Bay, spoke about homeless sleeping in vehicles, asking to en d
police actions .
Jim Griffin, San Luis Obispo, talked about stopping harassment by police of homeles s
persons and the need for a designated street for overnight parking .
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Tuesday, May 8, 201 2
Rebecca Townsend, San Luis Obispo, requested the City allow street parking for th e
homeless and that homeless persons could not pay the fines being levied .
Steve Barasch, San Luis Obispo, spoke on the public works paving project on Prad o
Road, adding that he felt contractors could produce more than 10 feet a day . Regardin g
the street hole on Leff Street, he said there was now a barricade around the hole an d
progress was being made .
--end of public comments---
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CONSENT AGEND A
ACTION :Moved by Ashbaugh/Carter to approve the Consent Calendar, Items Cl to C4 .
Roll call vote : 5-0 . Motion carried .
CI .RESPONSE TO 2012 GRAND JURY REPORT ON VACATION AND SIC K
LEAVE ACCUMULATION PAY .(BOURBEAU/IRONS/MALICOAT )
RECOMMENDATION : Direct the City Manager to submit the letter of response to th e
report on behalf of the City Council, as required by the Grand Jury .
C2.FY 2012 Edward Byrne Memorial Justice ASSISTANCE Grant Progra m
application .(GESELL/ELLSWORTH )
RECOMMENDATION : 1) Authorize staff to submit an application fora 2012 Edwar d
Byrne Memorial Justice Assistance Grant in the amount of $10,278 to fund police safet y
equipment . 2) If the grant is awarded, authorize the City Manager to execute necessar y
grant documents .
C3.CLAIMS DELEGATION TO CALIFORNIA JOINT POWERS INSURANC E
AUTHORITY.(DIETRICK/ZOCHER )
RECOMMENDATION : Adopt Resolution No :10357 (2012 Series) delegating al l
responsibility for handling claims to California Joint Powers Insurance Authorit y
(Authority).
C4.ORDINANCE AMENDING CHAPTER 10 .40 .010 (TIMED PARKING) OF TH E
SAN LUIS OBISPO MUNICIPAL CODE EXPANDING TIMED PARKING TO INCLUD E
SUNDAY .(WALTER/MANDEVILLE )
RECOMMENDATION : Introduce Ordinance No :1577 (2012 Series) amending Chapte r
10 .40 .010 (Timed Parking) of the San Luis Obispo Municipal Code to reference othe r
pertinent sections of the Municipal Code already amended to include Sunday parking .
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Tuesday, May 8, 201 2
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BUSINESS ITEM S
B1 .COUNCIL POLICIES AND PROCEDURES AMENDMENTS AND ADDITION S
REGARDING VOTING PROCEDURES, COUNCIL MAIL HANDLING POLICY ,
REGULAR MEETING DATES, AND CONFIDENTIAL INFORMATION .City Attorne y
Dietrick presented the staff report .
Council Member Ashbaugh voiced his opposition to some of the changes . H e
questioned the last three words in the proposed amendment to Section 1 .3 .6 .6 "unles s
legally required", asking when an abstention would be recorded as an abstention .
City Attorney Dietrick responded when a Council Member would recuse themself due t o
a conflict of interest .
Regarding the mail handling procedures, Section 5 .5 .2 .2 should be 5 .5 .2 .1 and Counci l
Member Ashbaugh recommend a grammar change and City Attorney Dietrick agreed t o
change the wording to "shall be copied".
Council Member Ashbaugh voiced his concern regarding the Council confidentiall y
policy, relating to the provision of public censure, Section 7 .2, second sentence noted
that the proceedings would be conducted in accordance with a process established b y
Council and he asked if there was such a process . City Attorney Dietrick answered no .
Public Comment s
Courtney Kienow, Chamber of Commerce, explained that with three meetings a month ,
it was difficult to monitor and appear at the meetings .
Steve Barasch, San Luis Obispo, said the roll call vote was working and regarding th e
mail policy, he recommend each member be given the flexibility to open their own mail ,
and that he concurred with the confidentially policy . He stated two meetings a mont h
worked for years .
Don Hedrick, San Luis Obispo, recommended two meetings a month but five minute s
for speakers .
Josh Friedman and Jody Frey, both of San Luis Obispo, agreed roll call voting wa s
working and two meetings a month would be sufficient .
---end of public comments--
Council Member Ashbaugh said he did not think the roll call voting procedure wa s
necessary . He recommended the following changes to 1 .3 .6 .6 ., add the word "present "
to additional Council members "present" and Mayor last, "if applicable". Mayor Marx
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Tuesday, May 8, 201 2
asked the Clerk if the suggested language was necessary and she responded that sh e
did not feel it was .
Council Member Carpenter and Smith noted they were supportive of the first thre e
items, as written . Council Member Carter expressed his support of the mail handlin g
process .
Council Member Ashbaugh noted that each Council Member knew that no matter ho w
mail is marked, everything was a public document .
Mayor Marx asked City Attorney Dietrick if the proposed mail handling policy met th e
Brown Act and she responded that it met the public records act, this was language sh e
had drafted and recommended for adoption .
Council Member Carter proposed the following amendments to 7 .1 .1, 6th line, ---
diminishing City staff's add "and other Council members" willingness ---. Also o n
7 .3 .2 .1, end of the first sentence, add "by City staff, consultants or Council members".
Council Member Ashbaugh felt the process by Council for public censure should b e
completed first .
Mayor Marx added the process could return at future meeting and the City Attorney sai d
she could bring a separate resolution forward and would appreciate Council's feedbac k
on how they would like that to proceed .
ACTION : Motion by Carter/Smith to 1) Adopt Resolution No .10354 (2012 Series). a )
Amending Council Policies and Procedures Section 1 .3 .6 .6 – Voting Procedures- t o
require a roll call (voice) vote to be taken for each Council action . b) Adding Section 5 .5
– Council Mail Handling Policy- to the Council's Policies and Procedures Manual . c )
Adding Chapter 7 - Council Confidentiality Policy- to the Council's Policies an d
Procedures Manual, with Council Member Carter's amendments .
Roll call vote was 4-1 (Ashbaugh opposed). Motion carried .
Council Member Ashbaugh clarified he supported the third item, saying that was th e
only thing that concerned him about that item, had that been itemized separately, h e
would have voted in favor of it as is . He said he was fundamentally opposed to the firs t
two items .
Regarding the process for censure, Mayor Marx said the only City she was aware o f
that had a censure policy was Pismo Beach and asked the City Attorney to researc h
other cities .
2) Review the effectiveness of three regular Council meetings per month and provid e
direction to staff regarding regular meeting dates .
Council Member Carpenter gave the history of the change to three meetings per month .
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Tuesday, May 8, 201 2
Council Member Smith felt two meetings with an earlier start time was more efficien t
and would still allow public input .
Mayor Marx asked the City Clerk if the three meetings impacted staff and the City Cler k
responded that it was an impact and additional cost . Mayor Marx suggested a start tim e
at 6 :00 P .M . and two meetings a month with Closed Sessions prior to the regula r
meeting, adding that the Council was flexible to add meetings when they are needed .
ACTION : Motion by Carpenter/Smith to revise the ordinance to two meetings pe r
month, 1st and 3rd Tuesday, beginning at 6 :00 P .M . Roll call vote : 4-1 (Ashbaug h
opposed). Motion carried .
Council Member Carpenter suggested town hall meetings once a quarter, held a t
different locations, allowing the public to dialog with Council in an informal setting .
Council Member Smith and Carter said that town hall meetings had merit .
Council Member Ashbaugh mentioned that he did not see how it differed from regula r
Council meetings but that he would participate in the process .
Mayor Marx suggested that the item be agendized after looking at other models and th e
consensus was to work with staff and bring it forward to another agenda .
City Manager Lichtig asked if the July 3rd meeting could be moved to the 2nd ,
Tuesday, which would be July 10th . She explained there were no items scheduled fo r
July 3rd, but items were scheduled for the 10th and 17th . It was the consensus o f
Council to return to the next meeting with a revised calendar .
B2.JOINT MEETING OF THE CAPITAL IMPROVEMENT BOARD TO APPROV E
MINUTES AND APPROVE REFINANCING 2001 LEASE REVENUE REFUNDIN G
BONDS, SERIES C .
AND
B3.REFINANCING 2001 LEASE REVENUE REFUNDING BONDS, SERIES C .
Finance Director Bourbeau presented the staff report and responded to questions fro m
the Board of the Capital Improvement Board and jointly to the City Council .
Public Comment s
None .
ACTION : Motion by Board Member 1) Motion by Board Member Ashbauqh/Smith to
elect officers for the Capital Improvement Board, President Marx and Vice President
Carpenter. Roll call vote : 5-0 . Motion carried .
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Tuesday, May 8, 201 2
ACTION : Motion by Board Member Carter/Ashbaugh to approve minutes of meetin g
held on March 3, 2009 and July 20, 2010 . Roll call vote : 5-0 . Motion carried .
ACTION : Motion by Board Member Carter/Smith to adopt amended Resolution No :
10355 (2012 Series)authorizing the issuance of 2012 Refunding Lease Revenue Bond s
to refinance the 2001 Lease Revenue Refunding Bonds, Series C . Roll call vote : 5-0 .
Motion carried .
President Marx adjourned the Capital Improvement Board meeting .
ACTION : Motion by Council Member Carter/Carpenter to adopt amended Resolutio n
No :10356 (2012 Series) approving refinancing of 2001 Lease Revenue Refundin g
Bonds, Series C . Roll call vote : 5-0 . Motion carried .
B4.CONSIDER TAKING A POSITION REGARDING ASSEMBLY BILL 1648 ,
POLITICAL REFORM ACT OF 1974 : ADVERTISEMENTS : DISCLOSURE .City
Manager Lichtig presented the report .
Mayor Marx presented additional information she gained from the internet regarding th e
pending bill .
Public Comment s
Don Don Hedrick, San Luis Obispo, spoke about campaign advertising .
David Akey, San Luis Obispo, said he supported the amedment to the polical reform act .
Malcolm McEwen, San Luis Obispo, encouraged Council to support the bill .
---end of public comments---
Council Member Ashbaugh noted the number of Council Correspondence received, al l
in support of the bill .
Council Member Carter said he would support the position but cautioned Counci l
considering numerous items like this .
Mayor Marx mentioned the League had not taken a position on this bill and it was no t
included in the City's legislative platform .
ACTION : Motion by Ashbaugh/Smith to support Assembly Bill 1648, which would amen d
the Political Reform Act of 1974 concerning advertisement disclosures . Roll call vote: 5-
0 . Motion carried . It was the consensus of Council that Mayor Marx would send a lette r
of support .
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At this time, Council took a break and at 9 :25 p .m ., all Council Members returned to
the Chambers .
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STUDY SESSIO N
S1 .Transit Service Study Session .
Public Works Director Walter, John Webster, Traffic Manager, and Tim Bochu m
presented the report and responded to questions .
Public Comment s
Don Hedrick, San Luis Obispo, and Jody Fry, San Luis Obispo, spoke on transit issues .
Elizabeth Thyne, Member of the Traffic Advisory Commission, spoke on the outreac h
which would bring more riders .
---end of public comments---
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COUNCIL LIAISON REPORTS AND COMMUNICATION S
Council Member Ashbaugh said he attended a forum chaired by Supervisor Adam Hill ,
attended when PG & E presented a check at Prado Day Center . He reported he attended
the Special Olympics and the Downtown Association board meeting .
Council Member Smith reported attending a meeting where a judge from Santa Clar a
County presented "Law and Disorders". She also attended the Downtown Associatio n
meeting regarding alcohol issues .
Mayor Marx mentioned she attended SCLC on the 19th, on the 20th she spoke to th e
Foundation for Performing Arts, on the 21st Arbor Day celebrations, on the 22nd, th e
marathon, the 26th she attended the Economic Development Workshop, on the 27t h
Channel Island meeting at Santa Barbara, the 28th sexual assault training, RTA meetin g
on the 2nd of May, attended Adam Hill's meeting and on May 4th, the Mayor's meeting ,
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There being no further business to come before the City Council, Mayor Marx adjourne d
the meeting at 10 :14 p .m .
Sheryll Schroeder, Interim City Cler k
APPROVED BY COUNCIL:
MINUTE S
SPECIAL AND REGULAR MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, MAY 15, 201 2
5 :30 P .M . SPECIAL MEETIN G
7 :00 P .M . REGULA R
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
CALL TO ORDER :Mayor Jan Marx called the Special Meeting to order at 5 :3 0
p .m .
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 .
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CLOSED SESSIO N
City Attorney Dietrick announced the following Closed Session topics ;
CONFERENCE REGARDING PROPERTY NEGOTIATION S
Pursuant to Government Code § 54956 .8
PROPERTY :APN 002-421-01 8
NEGOTIATING PARTIES :
City of San Luis Obispo : Katie Lichtig, J . Christine Dietrick, Claire Clark ,
Michael Codro n
ADDED :NEGOTATING PARTY :Quaglino Propertie s
NEGOTIATIONS :Request for exclusive negotiation s
CONFERENCE REGARDING PROPERTY NEGOTIATION S
Pursuant to Government Code § 54956 .8
PROPERTY :San Luis Obispo Assessor Parcel Nos .: 073-381-007 ;
073-381-008 ; 073-381-009 ; 073-381-010 ; 073-381-011 ,
and 073-381-01 2
AGENCY NEGOTIATORS :Neil Havlik, Natural Resources Manage r
Michael Codron, Assistant City Manage r
NEGOTIATING PARTIES :Darrell L . Twisselman (073-381-007 ; 073-381-008 )
Herbert Filipponi, Trustee (073-381-009 ;
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Tuesday, May 15, 2012
073-381-010 )
Kenneth C . Twisselman (073-381-011 ; 073-381-012 )
UNDER NEGOTIATION :Price, area included, and terms and condition s
PUBLIC COMMENT ON CLOSED SESSION ITEM :
Mayor Marx called for public comments . None were forthcoming and the meetin g
adjourned to the Closed Session .
All Council Members returned from Closed Session at 7 :00 p .m .
ROLL CALL :
Council Member s
Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e
Mayor Dan Carpenter, and Mayor Jan Marx
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 .
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CLOSED SESSION REPOR T
City Attorney Dietrick announced that there were no reportable actions from Close d
Session .
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INTRODUCTION S
NEW HIRES - PUBLIC WORK S
Public Works Director Walter introduced two new hires for Public Works .
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PRESENTATION S
Mayor Marx presented Jay Walter, Public Works Director and David Hix, Deputy Director ,
a proclamation for National Public Works Week May 20 th — May 26th 2012 .
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PUBLIC COMMENT
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Trina Blanchette, San Luis Obispo, spoke about harassment of homeless persons an d
their inability to pay the fines and she encouraged housing programs .
Jeanne Vimsom, San Luis Obispo, reiterated her past homeless experience, requeste d
that police stop issuing citations .
Don Hedrick, San Luis Obispo, requested on demand videos of Council meetings on th e
website and spoke about homelessness .
Rebecca Townsend, San Luis Obispo, spoke on homelessness .
Paul Rys, San Luis Obispo, asked how items appear on agenda, adding that close d
session items should not be on the consent agenda .
Steve Barasch, San Luis Obispo, thanked staff for the Prado Road improvements .
Danny Braninburg, spoke about homeless people living in their vehicles and the nee d
for portable toilets .
Ronald C . Bolen, talked about the homeless situation .
Mary Beth Aquino, San Luis Obispo, said she was currently homeless and asked tha t
the City provide parking for homeless persons to park in one location .
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CONSENT AGEND A
Don Hedrick, San Luis Obispo, Item C3, spoke about local creeks and clogged culvert s
in his neighborhood .
Gary Fowler, San Luis Obispo, Item C2 said he disagreed with the removal of th e
language from the complaint form . Regarding C8, he said he was against th e
downtown parking structure and the change in Sunday parking was a vehicle to
generate funds to build a structure which he felt was not needed .
Steve Barasch, San Luis Obispo, Item C9, felt the closed session items pertaining t o
employee mou's should not appear on the consent calendar, but should be unde r
business items . He added that the public did not know the short and long ter m
implications of the negotiations .
Leslie Halls, Item C9, said that no one knew what the conclusion was of the close d
session item regarding negotiations and that it should not be on the consent agenda .
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City Attorney Dietrick explained that negotiations were conducted in closed session t o
preserve the City's bargaining position but the final action and material were presented i n
open session and available .
Paul Rys, San Luis Obispo, C9, said no dollar amount was mentioned on the agend a
and the public needed to know the impact . He felt the public should have more than 3
minutes to speak on more than one Consent Calendar Item .
---end of public comments---
Council Member Ashbaugh pulled Item Cl and Council Member Carter and Smith pulle d
Item C9 from the Consent Calendar .
ACTION :Council Member Ashbauqh/Carter to approve Consent Calendar Items C2 ,
C3, C4, C5, C6, C7, C8 and C10 . Roll call vote : 5-0 . Motion carried .
Cl .MINUTES OF APRIL 30, 2012 ; AND MAY 1, 2012 .
RECOMMENDATION : Waive oral reading and approve as presented .
Council Member Ashbaugh requested amendments to the May 1, 2012 Council Meetin g
Minutes, page 5 "Council Member Ashbaugh suggested that the staff separate thei r
recommendation as shown on their powerpoint slide into two parts, to conform to th e
written staff reort ; the Council concurred . He moved to adopt both items 1 and 2, motio n
died for lack of second ." "He clarified that the parking regulations under the vehicle cod e
are strenghtened, enforcement is directed toward problems that result from parking an d
storage of vehicles on public streets . He added he wanted staff to address the issue o f
the occupancy and use of vehicles for sleeping separately ." Also, he added the followin g
to the bottom of page 5, "Council Member Ashbaugh stated his concern for the Bishops '
Peak trailhead, that there was a possibility that he would be recused from any discussio n
of the Highland Drive parking district, depending on how the boundaries were drawn ,
consequently he declined comment on the matter ."
ACTION :Council Member Carter/Ashbaugh moved to approve the minutes, amendin g
May 1, 2012 . Roll call vote : 5-0 . Motion carried .
C2 .GRAND JURY RECOMMENDATIONS REGARDING CITIZEN COMPLAIN T
FORMS .
RECOMMENDATION : Adopt the recommendations of the 2011-2012 San Luis Obisp o
County Grand Jury as follows ; 1) Add the citizen complaint forms to the Polic e
Department website . 2) Remove "CA Penal Code 148 .6 admonition" from the Police
Department citizen complaint forms .
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C3.SILT REMOVAL – VARIOUS LOCATIONS, SPECIFICATION NO . 91065 .
RECOMMENDATION : 1) Approve plans and specifications for Silt Removal –Variou s
Locations, Specification No . 91065 . 2) Authorize staff to advertise for bids . 3) Authoriz e
the City Manager to award the contract if the lowest responsible bid is within th e
Engineer's Estimate of $250,000 . 4) Approve the transfer of $285,000 from the Maste r
Silt Removal account to the project account .
C4.ADDITION OF 1225 PISMO STREET TO THE MASTER LIST OF HISTORI C
RESOURCES .
RECOMMENDATION : As recommended by the Cultural Heritage Committee (CHC),
adopt a Resolution No :10361 (2012 Series) adding the property located at 1225 Pism o
Street to the Master List of Historic Resources .
C5.2011-12 AND 2012-13 COST ALLOCATION PLANS .
RECOMMENDATION : Approve the 2011-12 and 2012-13 Cost Allocation Plans an d
amend 2011-12 reimbursement budgets in the appropriate funds .
C6.AUTHORIZATION TO PURCHASE A ONE-HALF ACRE PROPERTY AT 0 1/2
HIGUERA STREET FROM SAN LUIS CEMETERY ASSOCIATION .
RECOMMENDATION : Approve Resolution No :10358 (2012 Series) authorizing staff t o
finalize negotiations and purchase one-half acre of land at the western end of the Sout h
Hills from the San Luis Cemetery Association for two thousand five hundred dollar s
($2,500 .00), and authorize the Mayor to sign the necessary documents to complete th e
transaction .
C7.APPLICATION OF GOVERNMENT CODE SECTION 21221(q) FOR TH E
INTERIM ASSISTANT CITY ATTORNEY POSITION .
RECOMMENDATION : Adopt Resolution No :10359 (2012 Series) confirming th e
applicability of Government Code section 21221(g) to the employment of Michael Rous h
as interim Assistant City Attorney .
C8.ADOPTION OF ORDINANCE AMENDING CHAPTER 10 .40 .010 (TIME D
PARKING) OF THE SAN LUIS OBISPO MUNICIPAL CODE EXPANDIN G
TIMED PARKING TO INCLUDE SUNDAY .
RECOMMENDATION : Adopt Ordinance No . 1577 (2012 Series) amending Chapte r
10 .40 .010 (Timed Parking) of the San Luis Obispo Municipal Code to make it consisten t
with other sections of the Municipal Code already amended to include Sunday .
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C9 .MEMORANDUM OF AGREEMENTS BETWEEN THE CITY OF SAN LUIS ,
OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS '
ASSOCIATION AND THE SAN LUIS OBISPO BATTALION CHIEFS '
ASSOCIATION .
Monica Irons, Human Resources Director, provided the staff report and details of th e
agreements .
Council Member Ashbaugh noted the records supervisor would be eligible to receive a
3% salary increase which was contractually obligated as of January of this year .
Council Member Carter said he supported not having labor contracts on the Consen t
Calendar, even though everything was on the website and available to the public . H e
said he was the driving force getting binding arbitration repealed and that Council ha d
been using that tool in the negoiation processs . He said if the City successfully finalize s
negotiations with all entities, the Council will have saved the citizens 3 .1 million dollars ,
that within two years time, all employees will be paying their entire portion of PERS an d
those already paying their share will have accepted a cut in wages . He reviewed variou s
provisions of the MOU .
Council Member Smith concurred with not having approval of MOU's on the Consen t
Calendar . She indicated that she was not part of the original Council that passed th e
budget and that she wanted greater cuts, adding she had a concern with the long ter m
fiscal health of the community She added she would not be supporting any of th e
contracts, that she did not agree with the second tier pension benefits .
Council Member Carpenter agreed he preferred those type of items on business item s
as opposed to Consent Items . He expressed appreciation to the employees man y
consessions . He noted his responsibility to maintain fiscal sustainability and that wa s
why he did not think the City had come far enough on the second tier . He felt it wa s
premature to come to an agreement with the police staff officers before an agreemen t
with the police officer union, therefore he would not be supporting the agreements .
Council Member Ashbaugh explained that the negotiations were done in Close d
Session but all actions were taken to the open session with the material being available .
Mayor Marx thanked employees for coming to the table, saying she would support Ite m
C9, adding that this was the first time she could recall employees taking a salar y
reduction . Mayor Marx announced that the City had reached approximatley 52% of th e
targeted 3 .1 million dollar in ongoing personnel cost reductions .
ACTION :Motion by Council Member Ashbaugh/Carter to approve th e
recommendation on C9 . Roll call vote : 3-2 (Carpenter/Smith opposed). Motion carried .
RECOMMENDATION : 1) Approve the fourth amendment to the July 1, 2007 — June 30 ,
2012 Memorandum of Agreement between the City of San Luis Obispo and the Sa n
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Tuesday, May 15, 201 2
Luis Obispo Police Staff Officers' Association . 2) Adopt Resolution No :10360 (201 2
Series) adopting and ratifying the Memorandum of Agreement between the City of Sa n
Luis Obispo and the San Luis Obispo Police Staff Officers' Association (SLOPSOA) fo r
the period of July 1, 2012 through June 30, 2015 . 3) Approve Letter of Agreemen t
between the City of San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs '
Association . 4) Approve first amendment to the January 1, 2012 - December 31, 201 5
Memorandum of Agreement between the City of San Luis Obispo and the Internationa l
Association of Firefighters Local 3523 (Fire Union) correcting conflicting language .
C10 .ACQUISITION/IMPLEMENTATION OF A UTILITIES/PUBLIC WORK S
COMPUTERIZED MAINTENANCE MANAGEMENT AND ASSE T
MANAGEMENT SYSTEM ("CMMS").
RECOMMENDATION : 1) Approve the attached contract with Woolpert (Attachment 1 )
for the acquisition and implementation of CityWorks, a computerized maintenanc e
management and asset management system ("CMMS") for water, wastewater ,
stormwater,parks,open space, streets, and facilities ; authorize the City Manager to
execute this contract . 2) Approve the project budget of $723,400 . 3) Approve $292,300
in additional funding for this project : a) Authorize the use of $225,000 available i n
completed capital project funding to pay for the increased costs for Utilities, water an d
wastewater; b) Authorize the appropriation and use of $66,800 of available Genera l
Fund funding from Equipment Replacement Fund balance to pay for the parks, streets ,
and facilities share of the contract . 4) Authorize a purchase order to NexLevel in th e
amount of $35,000 for assistance with integration with City software and busines s
systems .
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PUBLIC HEARING S
PHI .REVIEW OF ALCOHOL OUTLET STRATEGIES — ENHANCED ZONIN G
REGULATIONS TO IMPROVE PUBLIC SAFETY (RITA 101-11 .
Community Development Director Johnson, Deputy Community Development Directo r
Davidson, and Douq Davidson presented the staff report and responded to Counci l
comments .
Mayor Marx asked if the Safe Night Life Association or the Downtown Association woul d
make recommendations to the administrative hearing officer on establishments no t
located in the downtown area . She asked if either association would be making a
determination .
Deputy Director Davidson responded, no they would not, the associations would only b e
providing information for the hearing officer to consider .
Council Member Ashbaugh, referring to a process flow chart, asked if there would b e
notices to neighbors .
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Tuesday, May 15, 201 2
Deputy Director Davidson answered that they had a process in place and notice woul d
go to adjacent property owners, any decision could be appealed to the Plannin g
Commissin, then appeal onto the Council .
Mayor Marx opened the public hearing .
Deborah Cash, Downtown Association, said the Board of Directors voted unanimousl y
to support the staff recommendation with an additon that the City include a review of th e
ordinance within one year of implementation . She said the Safe Night Life Committe e
(SNL) wanted to know the qualifications of the hearing officer .
Andrea Miller, Chair of the SNL Committee, explained the functions of the committe e
and the recent activities .
Steve Tolley, Arroyo Grande, Coordinator for SNL, said he hoped the ordinance woul d
not have to be used . He said the Downtown Association and SNL wanted to be a par t
of the problem solving . He added that he felt there were some vague areas in th e
ordinance but with a review in a year would work through it .
Jody Frey, San Luis Obispo, explained there were still problems downtown . She sai d
she did not know of problems at the liquor stores and spoke about adopting too man y
ordinances .
Sandra Rowley, San Luis Obispo, Residents For Quality Neighborhoods, said the grou p
supported staff's recommendation as a good beginning . She said the group wondere d
if 11 :00 P .M . was too late to determine if an establishment had morphed into a bar . Sh e
added that once the program had been implemented, they requested the attention b e
directed outwards toward the neighborhoods with workshops to find solutions for alcoho l
related problems .
Hearing no further testimony, Mayor Marx closed the public hearing .
At 9 :10 P .M ., the Council took a break and at 9 :20 P .M ., all Council Members returne d
to the dais .
Council Member Ashbaugh asked staff about a one year review and staff replied tha t
they would support bringing it back for review .
Council Member Smith said she supported the Downtown Association's request for a
one year review .
Council Member Carpenter commended SNL for their proactive approach and tha t
patrons needed to take responsibility for their actions . He added that he did not want t o
overburden businesses .
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City Council Meeting Page 9Tuesday, May 15, 201 2
Council Member Carter said he appreciated everyone's efforts, supported a one yea r
review, felt the language was general in nature, but was personally not comfortabl ecodifying the involvement of the Downtown Association and SNL . He clarified that h ewould be equally uncomfortable codifying any organization, he had no problem wit hnoticing the groups and anyone adding input to the hearing process .
Council Member Ashbaugh asked if an existing restaurant without an existing us e
permit, but had an ABC license, begins late night service, due to change of use, woul dthey have to get a change of use permit .
Deputy Community Development Director Davidson responded yes, they would .
Council Member Ashbaugh said he felt the involvement of the Downtown Associatio n
was a useful experiment but shared Council Member Carter's concern .
Mayor Marx expressed her support for the proposed ordinance, supported the one yea r
review, and shared Council Member Carter's discomfort involving Downtow n
Association or the SNL Association in the ordinance . She said she felt it was great i f
they wanted to attend the hearings and should definitely receive notification .
Council Member Smith said she felt one of the strengths of the ordinance was th einclusiveness. She said they should keep that step in and after a year if it was aproblem, it could be removed .
Council Member Smith/Carpenter moved that Council accept the recommendation o f
staff, adding the one year review provision .
Council Member Ashbaugh said he would support the first four parts of th e
recommendation but shared Council Member Carter and Mayor Marx's concern an dsaid he wished to direct staff to return the ordinance omitting the formal role of th eDowntown Association .
Council Member Carpenter mentioned that the City did not have peer review in an y
other part of city and it was a good thing that a volunteer group wanted to have review .
The people involved in the businesses understood the challenges of the business tha tmight be going through the review . He supported them having their own review as arecommendation.
Council Member Ashbaugh said instead of omitting the Downtown Association, mayb e
the City should require notice to neighborhoods or merchant association .
Council Member Carter called for the question .
Roll call vote : 2 ayes (Council Members Carpenter, Smith), 3 noes (Council Member sAshbaugh, Carter, Mayor Marx). Motion defeated .
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Tuesday, May 15, 201 2
Community Development Director Johnson suggested omitting the first 9 lines o f
Section 17 .11 .040, Subsection D, which would omit reference to the Downtow n
Association . He felt Council could add, by motion, that staff notify the Downtow n
Association prior to holding an administrative hearing . He felt it did not need to be a
part of the ordinance .
ACTION :Motion by Council Member Carter/Ashbaugh to : approve as recommended b y
the Planning Commission, introduce by title only, an amended Ordinance No :157 8
(2012 Series) to adopt amendments to the City's Zoning Regulations (Municipal Cod e
Title 17) to address public safety problems associated with alcohol outlets, adding a on e
year review, removing the first 9 sentences from Section 17 .11 .040, Subsection D, an d
noticing to the Downtown Association of administrative hearings .
City Attorney Dietrick suggested returning a portion of the deleted sentence,"D .
Procedure for consideration of violations to performance standards .Upo n
receiving a complaint from the public, Police Department, or any other interested part y
that a Deemed Approved Activity is in violation of the performance standards of Sectio n
17 .11 .030 .C, and once it is determined by the city that violations appear to be occurring ,
and then an administrative hearing shall be scheduled ." The next sentence would begi n
"The purpose of the ----". Council Member Carter amended his motion to chang e
Section 17 .11 .040, Subsection D to read as above, Council Member Ashbaugh was i n
agreement with that amendment to the motion .
Council Member Carpenter clarified that he would not vote against it, but felt it wa s
important to have the peer review .
Roll call vote : 4-1 (Smith opposed). Motion Carrie d
PH2 .MUNICIPAL CODE AMENDMENTS UPDATING FRONT YARD VEHICL E
PARKING REGULATIONS AND REMOVAL OF 72-HOUR TIMEFRAME FO R
PROPERTY MAINTENANCE STANDARDS VIOLATIONS .
Community Development Director Johnson and Associate Planner Leveille presente d
the staff report and responded to Council comments .
Council Member Carpenter questioned when staff was using the removal in 72 hour s
what kind of discretion was being used, was it complaint driven .
Associate Planner Leveille said the removal of the 72 hours was that many of th e
property maintenance standards under the current regulations, 72 hours have to elaps e
before it was a violation . He said the discretion provides for certain reasonabl e
activities such as short term construction, items placed out for pickup by Goodwill, an d
people in the process of moving .
Council Member Ashbaugh, referring to the diagram with a single car garage, noted tha t
the property owner would need to have five feet between the property line and the
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Tuesday, May 15, 201 2
driveway . He clarified that it was a more lenient standard than what was currentl y
applied .
Associate Planner Leveille agreed .
Council Member Smith inquired if the property owner needed to get a permit for the pad .
Associate Planner Leveille responded they would need a construction permit .
She asked if property owners currently with pads and double car garages, would the y
have to remove them .
Associate Planner said the paving would not have to be removed if it was otherwis e
compliant with the front yard paving regulations . He said the staff would review them o n
a case by case basis .
Mayor Marx opened the public hearing .
John Sherry, San Luis Obispo, felt the parking of multiple cars in driveways was driven b y
student rentals and he said he supported the proposed ordinance . He expressed hop e
that it would bring a behavioral change .
Josh Friedman, San Luis Obispo, felt this was an attack on cars and private propert y
rights and encouraged Council to reject the ordinance .
Sandra Rowley, San Luis Obispo, referred to the RQM letter submitted to Council, sai d
she hoped Council would approve staff's recommendation with the exception of a n
additional pad for homes with a single car garage .
Hearing no further testimony, Mayor Marx closed the public hearing .
Council Members Carter and Ashbaugh said they would support the ordinance, Counci l
Member Ashbaugh noting he was uncomfortable regarding the pad applying to singl e
car garage driveways .
Council Member Carpenter noted he struggled with the fairness issue, either the Cit y
allowed a pad for a single car and double car or not for either. He felt it wa s
discriminatory to allow one and not the other .
Council Member Smith stated she would support the ordinance, but reluctlenly .
Mayor Marx said she did not support the exception for single car garage homes, tha t
she did not think it was fair for an exception for the single car homes . She finalized b y
saying she would support the ordinance .
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Tuesday, May 15, 201 2
ACTION :Motion by Carter/seconded by Ashbaugh for discussion purposes to : a s
recommended by the Planning Commission, introduce by title only, an Ordinanc e
No :1579 (2012 Series) to adopt the proposed amendments to the Municipal Cod e
amending front yard parking regulations and removing the 72-hour timeframe fo r
property maintenance standards violations .
Council Member Ashbaugh said the exception for the single car garage would likely t o
be applied only in relatively few cases . He felt it should be consistent between singl e
and two car garages, which would be used in more circumstances .
Roll Call Vote : 4-1 (Carpenter opposed) Motion Carried .
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COUNCIL LIAISON REPORTS AND COMMUNICATION S
Council Member Carter noted he attended the California Economic Summit in Sant a
Clara on Friday and he announced the death of Jean Anderson who served on th e
Bicycle Committee .
Council Member Ashbaugh said he attended a meeting of the Integrated Waste
Management Authority last Wednesday . He added that Transitions Mental Healt h
Association was working with the County on a new proposal about the possibility o f
converting the Sunny Acres facility into a residential care facility .
Council Member Carpenter commended staff on the new ipads, stating he would n o
longer desire a paper packet .
Mayor Marx said she attended the dedication of French Hospital Women's Health Center ,
entrepreneurship forum at CalPoly, announced May 16, 2012 at the Monday Club ther e
would be a public workshop hosted by the land use and circulation task force elemen t
update and May 22nd, a community forum on Measure Y at the City/County library .
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ADJOURNMEN T
There being no further business to come before the City Council, Mayor Marx adjourne d
the meeting at 10 :36 p .m .
City Clerk
APPROVED BY COUNCIL :
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