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HomeMy WebLinkAbout05-15-2012 c1 minutes april 30 and may 12-20125, 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 Christine Dietrick, City Attorney, and Sheryl) Schroeder, Interim City Clerk , were present at Roll Call . CLOSED SESSIO N ANNOUNCEMENT OF CLOSED SESSION TOPI C City Attorney Dietrick announced the following Closed Session topics . PUBLIC COMMENT ON CLOSED SESSION ITE M Mayor Marx called for public comments . None were forthcoming and the meetin g adjourned to the Closed Session . CONFERENCE WITH LABOR NEGOTIATOR S Pursuant to Government Code § 54957 .6 Agency Negotiators Rick Bolanos, Monica Irons, Katie Lichtig, Michael Codron , Christine Dietrick, Andrea Visveshwara, Greg Zocher, Charle s 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 Utility Service Employees Association v.City of San Luis Obispo Public Employment Relations Board, Unfair Practice Charge No . LA-CE-764-M CONFERENCE WITH LEGAL COUNSEL - Existing Litigatio n Pursuant to Government Code § 54956 .9 SLO Homeless Alliance v . City of San Luis Obisp o San Luis Obispo Superior Court Case No . CV 120204 MEETING DATE : May ITEM :C I MINUTE S SPECIAL MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O MONDAY, APRIL 30, 2012 - 2 :30 P .M . COUNCIL HEARING ROOM, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNIA C1-1 Page 2CityCouncilMeeting Monday, April 30 ., 201 2 CLOSED SESSION REPOR T City Attorney Dietrick announced the following actions from the April 30, 2012 close dsessionspecial meeting . CONFERENCE WITH LABOR NEGOTIATOR S Pursuant to Government Code § 54957 .6 Agency Negotiators : Rick Bolanos, Monica Irons, Katie Lichtig, Michael Codron,Christin e Dietrick,Andrea Visveshwara, Greg Zocher, Charles Bourbea uEmployeeOrganizations:San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA ) She reported that direction was given to the negotiators but no further action was taken . CONFERENCE WITH LEGAL COUNSEL – Existing Litigatio n Pursuant to Government Code § 54956 .9 San Luis Obispo Utility Service Employees Association v . City of San Luis Obisp o Public Employment Relations Board, Unfair Practice Charge No . LA-CE-764-M Regarding the conference with legal counsel regarding San Luis Obispo Utility Servic e Employees Association, Council authorized defense of that action and the retention o f counsel with Liebert, Cassidy and Whitmore and authorized the City Manager execut e contract amendments and allocate funding to support the defense . CONFERENCE WITH LEGAL COUNSEL - Existing Litigatio n Pursuant to Government Code § 54956 .9 SLO Homeless Alliance v .City of San Luis Obispo San Luis Obispo Superior Court Case No . CV 12020 4 Regarding the conference with legal counsel for existing litigation, SLO Homeles s Alliance, Council directed the further defense of that action, no other reportable action . -------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourned the meeting at 4 ;45 p .m . Sheryl) Schroede r Interim City Cler k APPROVED BY COUNCIL : C1-2 MINUTE S REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, MAY 1, 2012 - 7 :00 P .M . 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 Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Sheryl) 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 . CLOSED SESSION REPOR T City Attorney Dietrick announced the following actions from the April 30, 2012 specia l meeting held at 2 :30 P .M . for the following : CONFERENCE WITH LABOR NEGOTIATOR S Pursuant to Government Code § 54957 .6 Agency Negotiators :Rick Bolanos, Monica Irons, Katie Lichtig, Michael Codron , Christine Dietrick, Andrea Visveshwara, Greg Zocher, Charles Bourbea u Employee Organizations : San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA ) She reported that direction was given to the negotiators but no further action was taken . CONFERENCE WITH LEGAL COUNSEL —Existing Litigatio n Pursuant to Government Code § 54956 .9 San Luis Obispo Utility Service Employees Association v . City of San Luis Obisp o Public Employment Relations Board, Unfair Practice Charge No . LA-CE-764-M Regarding the conference with legal counsel, Unfair Practice Charge No . LA-CE-764-M , Council authorized defense of that action, retention of counsel with Liebert, Cassidy an d Whitmore and authorized the City Manager execute contract amendments and allocat e funding to support the defense . Page 2City Council Meetin g Tuesday, May 1, 201 2 CONFERENCE WITH' LEGAL COUNSEL —Existing Litigation Pursuant to Government Code § 54956 .9 SLO Homeless Alliance v.City of San Luis Obisp o San Luis Obispo Superior Court Case No . CV 12020 4 Regarding the conference with legal counsel for existing litigation, SLO Homeles s Alliance, Council directed the further defense of that action, no other reportable action . INTRODUCTION S NEW HIRES — COMMUNITY DEVELOPMENT —(JOHNSON/GIRVIN — 5 MINUTES ) Community Development Director Johnson introduced Ben Ross . --------------------------------------------------------------------------------------------------------------- PRESENTATION S Mayor Marx presented Sheryl) Schroeder a proclamation for IIMC Municipal Clerk s Week . Mayor Marx presented JoeCarotenuti with a proclamation celebrating the 6 0TH Anniversary of City Hall . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT (Itemsnot ontheagenda). JohnSpatafore,San Luis Obispo, spoke about the impact of unwanted vehicles parke d on City streets . Bob Neal,San Luis Obispo, spoke about traffic and safety issues with the trailhead a t Bishop's Peak . He cited there was still no parking district as requested and expresse d concern with a delay . David Akey,Los Oso, encouraged Council to support AB 1648,campaign disclosur e regulations . Matthew Strzepek,San Luis Obispo, spoke about being homeless and being harasse d by police . He encouraged the City not to enforce the current ordinance . Dr . Steve Hansen,San Luis Obispo, thanked Council for their support of Item C5 , Proposition 29 . Andrea Miller,San Luis Obispo business owner, spoke about transient problems in th e downtown area . Don Hedrick,San Luis Obispo, spoke about local government and homelessness . C1-4 City Council Meeting Page 3 Tuesday, May 1, 201 2 Kevin Rice,San Luis Obispo, commented on his approval of the roll call vote proces s and his support of two Council meetings a month . Deborah Cash,Executive Director Downtown Association, said the members of th e Association have been reporting transient behavior problems . ---endof public comments--- ---------------------------------------------------------------------------------------------------------------- CONSENT AGEND A Public Comment s Kevin Rice, Josh Freedman and Gary Fowler spoke in opposition to Prop . 29, Item C5 . ---end of public comments--- ACTION :Moved by Ashbaugh/Carter to : approve the Consent Calendar, Items C2 to C5 . Roll call vote : 5-0 . Motion carried .Mayor Marx pulled the Council minutes of April 10 , 2012, Item Cl . Cl .MINUTES OF MARCH 23, 2012 ; APRIL 10, 2012 ; AND APRIL 17, 2012 . (CODRON/SCHROEDER ) RECOMMENDATION : Waive oral reading and approve as presented . Regarding April 10, 2012 minutes,Mayor Marx wished to move Eric Meyer's remark s regarding parcels for a future bike path, the City Attorney's response and consensus t o authorize a support letter to page 3 of the minutes, under Publi c Comment .Council Member Ashbaugh expressed his desire to leave the verbiag e where it occurred . ACTION :Motion by Carter/Smith to approve the April 10, 2012 minutes as amended . Roll call vote : 5-0 . Motion carried . C2 .JOHNSON, SOUTHWOOD AND VETERANS HALL (VETS) SEWER LINER , SPECIFICATION NO . 91052 .(WALTER/GUZMAN ) RECOMMENDATION : 1) Approve Plans and Specifications for the Johnson, Southwood , and Vets Sewer Liner Project, Specification No . 91052 . 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid for City Council Meeting Page 4 Tuesday, May 1,201 2 the Johnson, Southwood, and Vets Sewer Liner Project is within the Engineer's Estimat e of $268,000 . C3.LAGUNA LIFT STATION REPLACEMENT — EQUIPMENT PURCHASE . (MATTI NGLY/M ETZ ) RECOMMENDATION : Authorize the sole source purchase of pumps, prefabricated we twellwith pre-rotated pump basins, and associated equipment from Flo Systems in th e amount of $345,000 to expedite the replacement of the Laguna lift station and authoriz e the City Manager to execute all documents related to this purchase . C4.ADOPTION OF AN ORDINANCE AMENDING TITLE 1 .24 OF THE MUNICIPA L CODE (ADMINISTRATIVE CITATIONS).(JOHNSON/CRUCE ) RECOMMENDATION : Adopt Ordinance No : 1576 (2012 Series)amending Chapte r 1 .24 of the Municipal Code . C5.RESOLUTION SUPPORTING PROPOSITION 29, THE CALIFORNIA CANCE R RESEARCH ACT .(DIETR.ICK) RECOMMENDATION : Adopt Resolution No :(2012 Series) supportin g California State Proposition 29, the California Cancer Research Act . ----------------------------------------------------------------------------------------------------------------- BUSINESS ITE M B1 .CONSIDERATION OF PARKING RESTRICTIONS TO ADDRESS"ADVERS E NEIG.HBORHOOD .IMPACTS OF LONG TERM PARKING OF VEHICLES AN D USE OF VEHICLES AS HOUSING .ONPUBLIC PROPERTY . Police Chief Gesell, Parking Manager Horch, City Attorney Dietrick, and Communit y Development Director Johnson presented the staff report and responded to Counci l comments . Public Comment s Erick Justesen,San Luis Obispo, expressed concerned with increasing overnight parkin g and people sleeping in vehicles, John Hunter San Luis Obispo, noted seeing new people every day, more garbage , broken vehicles and that current parking at the homeless shelter was not sufficient . H e encourged the City to continue enforcing the laws . Courtney Kienow,Chamber of Commerce, expressed support of the staff recommendation and encouraged the City to explore a solution to the growing problem . City Council Meeting Page 5 Tuesday, May 1, 201 2 Darrell Kapsch,homeless, said the shelter was over crowded, there were only 5 parkin g places at Prado, so people turn to their vehicles for sleeping . Susan Whalen,San Luis Obispo, explained concern with the increase in overnigh t campers on Hine Lane . There had been thefts, property damage, illegal dumping an d suspecious vehicles in the parking lot . Kevin Rice,SanLuis Obispo, said he wished to see both sides of issue solved, possibl y draft an ordinance to allow parking within so many feet of a persons' registered address . Don Hedrick,San Luis Obispo, said he did not want the solution to be legislated . Robert Watts,homeless, explained he had his ry removed . Brenna Fluitt,transitional housing, told about living in her car . Sandra Rowley said she agreed with Mr . Rice that there were differnet issues and shoul d be treated differently . ---end of public comments-- Council Member Ashbauqh moved that the staff recommendation be separated into tw o separate recommendations . Motion died for lack of second . He clarified that th e parking regulations under the vehcile code are strenghtened, enforcement is directe d toward problems that result from parking and storage of vehicles on public streets . H e added he wanted staff to address the issue of the occupancy and use of vehicles fo r sleeping separately . Council Member Smith felt the City was looking at long term and short term actions a s solutions . Regarding parking districts that might be shelved, she said she wished to avoi d that . Mayor Marx she she wished to see staff explore the issue, return to Council wit h recommendations that were neutral as to occupied or not occupied, parking and vehicle code enforcement . Council Member Carter noted the City had a zoning ordinance regarding living an d sleeping in recreation vehicles,, although difficult to enforce . The proposed ordinance would be simpler to enforce . He said he did not wish to see delay in the parking districts that have already been filed . Council Member Carpenter said he was in favor of continued enforcement . Regarding parking districts, he said he thought Highland Drive was a unique situation, he did no t think a parking district would solve the problem but should not be tied to the curren t discussion . C1-7 City Council Meeting Page 6 Tuesday,May 1, 201 2 ACTION :Motion by Mayor Marx/Ashbaugh to approve staff recommendation no . 1 , "direct staff to develop amendments to the Municipal Code to improve parkin g enforcement regulations to complement existing parking and zoning regulations". Rol l call vote : 5-0 Motion carried . Council discussed staff slide 9 regarding permit parking . Mayor Marx asked that when staff returns with recommendations, they presen t alternatives where possible and look at ordinances adopted in other communities tha t have been tested . Council Member Ashbaugh noted he was not in favor of a total ban of recreation vehicles . Council Member Carpenter said he felt there were enough regulations in place and tha t staff should enforced them . City Attorney Dietrick asked for clarification if Council was interested in regulations tha t addressed the occupancy of vehicles but not necessarily for the regulation of parking .Council responded that was not the case . ACTION :Motionby Council Member Smith/Ashbaugh to approve staff recommendatio n no . 2, "address the adverse impacts of long term parking and storage of large vehicle s and use of vehicles as housing on public street and property". Police Chief Gesell requested clarification on the permitting process on neighborhoods , which was agreed upon .Council Member Ashbaugh felt the same enforcement shoul d be for businesses also . City Manager Lichtig clarified the Council consensus of parking districts moving forward and asked if there was consensus on delaying the Palm/Nipomo parking garage . Sh e noted that parking districts currently submitted would not be delayed, but there was a potential that future ones may not get immediate attention during this analysis period . Council Member Ashbaugh called for the question . Roll call vote : 5-0 . Motion carried . ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Council Member Ashbaugh mentioned the recent marathon and Arbor Day celebrations . Council Member Carpenter inquired if Council could re-visit the 3 meetings per mont h issue while addressing Council Policies and Procedures at the next meeting . City Attorney Dietrick responded the 3 meetings per month was on the agenda fo r discussion next week, that three Council Members had individually requested it . City Council Meeting Page 7 Tuesday, May 1, 201 2 Council Member Carpenter explained the other item he wished to discuss was th e benefits and drawbacks of having town hall meetings once a quarter . City Attorney Dietrick answered that she thought it could fall under the agendized item o f policies and procedures . Council Member Ashbaugh said the 3 meeting issue was just brought up due to thre e Council Members independently approaching staff to re-visit the item . He felt a new topi c of town hall meetings was much larger issue . City Attorney Dietrick explained the agenda item for the next meeting was propose d amendments to the Council Policy and Procedure Manual, three initial issues were : th e roll call vote, mail handling, and confidentially policy . Subsequently, she informed, staff heard independently from three Council Members to re-visit the regular meetin g schedule, which the Brown act allowed . Regarding Assembly Bill! 1648,Council Member Ashbaugh urged Council to conside r placing this on the next agenda in that there was a May 5 hearing on the item . City Attorney Dietrick indicated that the item was not on the City's legislative platform . Consensus was to amend the May 8, 2012 agenda to add discussion of AB 1648 . ----------------------------------------------------------------------------------------------------------------- ADJOURNMEN T There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 9 :30 p .m . Sheryll Schroeder , Interim City Cler k APPROVED BY COUNCIL : Page intentionally lef t blank .