HomeMy WebLinkAbout07/10/2012MINUTES
SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 10, 2012
5:00 P.M. SPECIAL MEETING
7:00 P.M. REGULAR
COUNCIL CHAMBER, 990 PALM STREET
SAN.LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Andrew Carter, Vice Mayor Dan
Carpenter, and Mayor Jan Marx. Kathy Smith was not in.attendance at
this time.
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. Other staff members presented reports
or responded to questions as indicated in the minutes.
CLOSED SESSION
City Attorney Dietrick announced the following Closed Session Topics:
CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation
Pursuant to Government Code § 54956.9 (b)(1) and (b)(2)
One (1) potential action against the City related to a dispute regarding fee assessments
and Prado Road reimbursements pursuant to project conditions and agreements of the
MD2 project
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Government Code § 54956.9
SLO Homeless Alliance v City of San Luis Obispo
San Luis Obispo County Superior Court Case No. CV120204
PUBLIC COMMENT ON CLOSED SESSION ITEMS:
Mayor Marx called for public comments. None were heard and the Council recessed to
the Closed Session,
Closed Session adjourned at 7:00 P.M.
City Council Meeting Minutes Page 2
July 10, 2012
REGULAR MEETING OF THE CITY COUNCIL
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice
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. Other staff members presented reports
.or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
The Pledge was provided by Council Member Carter.
CLOSED SESSION REPORT
City Attorney Dietrick announced regarding the first item, anticipated litigation relating to
a dispute regarding fee assessments and Prado Road reimbursements pursuant to project
conditions and agreements of the MD2 project, Council authorized on a 4 -0 vote, a
settlement agreement, the perimeters of the agreement were generally that the developer
would pay fees immediately as set forth in a pre- annexation agreement and would
subsequently agree to pay fees as may be adopted pursuant to the public process for the
Margarita Area Special Plan fee amendments. The second Closed Session matter,
existing litigation, SLO Homeless Alliance v City of San Luis Obispo, Council voted 5 -0 to
continue the Closed Session item for further consideration after the open session
discussion on Item B1.
PRESENTATIONS
Mayor Marx presented Jay Walter, Public Works Director, with a Proclamation thanking
him for his years of service.
PUBLIC-COMMENT FOR ITEMS.NOT ON THE AGENDA
Council Member Kathy Smith entered the meeting at 7:10 P.M.
On behalf of Senator Sam Blakeslee, Hans Poschman presented to Vice Mayor
Carpenter a memorial resolution on his father's passing, Robert L. Carpenter.
City Council Meeting Minutes Page 3
July 10, 2012
Rick Racouillet and David Hafemeister, speaking on Citizen United vs. the Federal
Election Commission, requested Council place the item on an agenda for discussion.
City Manager Lichtig noted that staff would need to determine if this was within the
Legislative Platform.
Janine Barasch, San Luis Obispo, spoke about the homelessness and possible
solutions. She suggested designating City properties not being used between 5 PM
and 7 AM, the Romero Corporate Yard, east of the Prado Day Center, about 60 parking
spaces. She suggested the City issue parking permits to park in lots overnight for a two
week limit and a possible extension by giving thirty hours of community service.
- Steve Barasch, San Luis Obispo, said he was citied June 23rd for being a bad neighbor,
his properties border City properties along Dana Street that were in disrepair. He said
he spoke to staff and was told City properties would be look at and after taking bids, it
would be remedied. He asked how the City could have a Neighborhood Wellness
Program when the City did not maintain their own property.
Assistant City Manager Codron explained that the City would be receiving bids this
week and work to occur as early as next week. He said the City had done regular
maintenance on property including an early spring weed abatement. He added that a
long term plan for the property would be forthcoming to Council.
Council Member Ashbaugh mentioned the City should consider motion detector lighting.
Patrick Dahl, speaking on Item C6, representing Rosetta Marketing, thanked the City for
the extended contract with the City for promotions and tourism.
Lanyce Mills, San Luis Obispo, urged Council to pass a resolution for a constitutional
amendment do away with Citizens United decision.
Donald Hedrick, San Luis Obispo, spoke on transparency of government and the
election processes.
Jodie Frey, San Luis Obispo, explained the difficulty of homelessness.
CONSENT AGENDA
PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS
None.
Vice Mayor Carpenter requested Item C4 be pulled in order for him to recuse himself,
conflict of interest, owning commercial property within the distance which is affected by
the ordinance.
City Council Meeting Minutes
July 10, 2012
Page 4
ACTION: Council Members Carter /Ashbaugh moved to approve the Consent
Calendar, Items C1 amended through C7, minus C4. Roll Call Vote: 5 -0. Motion
Carried.
C1. MINUTES OF TUESDAY, JUNE 12.2012: AND JUNE 19, 2012.
(Codron /Schroeder)
RECOMMENDATION: Waive oral reading and approve as amended and presented.
C2. COLLECTION. OF DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL ACCOUNTS. (MATTINGLY /MUNDS)
RECOMMENDATION: Adopt Resolution No: 10378 (2012 Series) authorizing the San
Luis Obispo County Assessor to assess amounts due to San Luis Garbage Company
on delinquent accounts for provision of solid waste collection and disposal services as
described in City Municipal Code Section 8.04.070 as liens against properties involved.
C3.
JALTERNATE 2012. (CODRON /SCHROEDER)
RECOMMENDATION: Designate Mayor. Jan. Marx as the voting delegate and Vice
Mayor Dan Carpenter -as the voting alternate to the League of California Cities Annual
Conference.
C4. ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL
CODE (ZONING REGULATIONS); CITY FILE #: R/TA 101 -11.
(JOHNSON /DAVIDSON)
RECOMMENDATION: Adopt Ordinance No. 1578 (2012 Series) amending Title 17 of
the Municipal Code regarding alcohol outlet regulations.
At this point Vice Mayor Carpenter, having recused himself, left the dais.
ACTION: Motion to adopt Ordinance No. 1578 by Council Members Carter /Smith.
Roll Call vote: 4 -0. Vice Mayor Carpenter recused. Motion Carried.
C5. MID HIGUERA REHABILITATION, SPECIFICATION NO. 90073
EVE
RECOMMENDATION: 1) Appropriate $371,665 in approved Urban State Highways
Account grant funds; allocating $137,000 for the Mid Higuera Rehabilitation project
account and $234,665 for the Bob Jones Trail Connection at Los Osos Valley Road
project account. 2) Award a contract to Cal Portland Construction for the construction
of the Mid Higuera Rehabilitation project, including the base project and Additive
Alternate #1 for a total contract amount of $711,330.97. 3) Approve the transfer of
$11,000 from various Utilities accounts to the Mid Higuera Rehabilitation project
City Council Meeting Minutes Page 5
July 10, 2012
account: $4,000 from the Water Raise Valve Covers account and $7,000 from the
Collection Systems Improvements Master Account. 4) Approve the transfer of $29,032
in remaining design funds from the completed design phase to the construction phase
of the Mid Higuera Rehabilitation project account.
C6. 2012 -13 COMMUNITY PROMOTIONS PROGRAM. (CODRON /ELKS)
RECOMMENDATION: 1) As recommended by the Tourism Business Improvement
District (TBID) Board, approve the second and final two -year extension of the marketing
contract with Rosetta Marketing Group, LCC, as successor in interest of Level Studios,
LLC. 2) Approve first year financing of the contract in the amount of $597,000 as
recommended by the TBID Board. 3) Authorize the City Manager to enter into various
contracts for Community Promotions not to exceed the 2012 -13 budget of $781,500 and
based on the recommendations by the Promotional Coordinating Committee (PCC) and
the TBID Board. 4) Authorize the City Manager to enter into contracts utilizing the TBID's
un- appropriated fund balance from the 2011 -12 fiscal year for tourism marketing
expenditures in 2012 -13.
C7. -ACCEPTANCE OF GRANT FUNDS
TURAL
ARIAN ENHANCEMENTS. (CODRON)
RECOMMENDATION: Accept grant funds in amount of $125,000 from the State of
California's Environmental Enhancement and Mitigation Program (EEMP), and
appropriate the funds to anew Capital Improvement Project (CIP) account dedicated to
riparian enhancements along Prefumo Creek at the Calle Joaquin Agricultural Reserve.
Council decided to take Item 131 at this point in the meeting.
B1.
BUSINESS ITEMS
Derek Johnson, Community Development Director, presented the report and responded
to Council questions.
PUBLIC COMMENTS ON BUSINESS ITEM B1
John Barta, Morro Bay, said he did not think the City was looking at the homeless big
picture, that they should be helping the homeless veterans.
City Council Meeting Minutes Page 6
July 10, 2012
Michelle Tasseff, San Luis Obispo, code enforcement officer in Santa Maria, said she
found homeless people in San Luis Obispo unfriendly, disrespectful, leaving trash all
over, and she has seen seweage being dumped. She said she lived near Prado Day
Center and she saw it everyday.
Jody Frey, San Luis Obispo, spoke on the recent judge's decision and spoke about her
experience on being homeless.
Barbara Walker said she lived in her motorhome and just wanted to sleep in her vehcile.
Carrie Minton - Wance, San Luis Obispo, spoke about living in her trailer and that the City's
treatment was unfair.
Shelby Griffin spoke about being homeless and that when people are not doing anthing
wrong, they shouldn't be cited.
Kim Frey - Griffin said she was a veteran, homeless and living in her recreation vehicle,
adding that the treatment was unfair, not everyone was leaving trash and waste.
Rev. Cynthia Eastman, San Luis Obispo, provided a written statement regarding
homelessness.
Don Hedrick, San Luis Obispo, spoke about Judge Crandall's recent opinion.
Judith Bartels, San Luis Obispo, said she supported the Judge's decision and asked that
the City solve the homelessness in a compassionate way.
Rebecca Townsend, San Luis Obispo, asked the City to consider creating campgrounds
or accomodations for homeless persons and hire them for community service.
Jeanne Orosco, San Luis Obispo, expressed that she had been homeless and asked
where the homeless were supposed to go.
Cheryl Larson spoke about the plight of the homeless.
Danny Brandenburg said he was homeless.
Karen Spease, Arroyo Grande, spoke about the number of home foreclosures and the
homeless.
Courtney Kienow, SanLuis Obispo, representing Chamber of Commerce, explained the
Chamber had not evaluated the emergency ordinance under consideration so they would
not support or oppose.
City Council Meeting Minutes Page 7
July 10, 2012
Dr. Will Powers, San Luis Obispo, spoke about homeless persons and that the Council
would adopt-the ordinance before them.
Stew Jenkins, San Luis Obispo, urged Council to reconsider their action and the
additional cost in litigation. He presented a written statement, citing he felt there was no
reason for the emergency.
Kevin Rice, San Luis Obispo, said that Judge Crandall would not be pleased with the
proposed action, there was no emergency and that it would only add to more litigation.
Hearing no further comments, public comments ended.
Council Member Ashbaugh asked that if it was not adopted as emergency, how long
before it was effective.
City Attorney Dietrick responded that after introduction, then second reading and
adoption two weeks later, then 30 days to become law. She added that there was a
case management conference scheduled for July 24, 2012. She said the court ruling
indicated that the court wished to discuss with the part ies moving forward with
discovery, the injuction would remain in place. She clarified that a preliminary injunction
was not a final decision on the merits so the court's consideration of the merits of the
argument would move forward.
Council Member Carter said he felt the City was responding to Judge Crandall's ruling.
He referred to the packet material, a 10 year record of enforcment of the issue. He said
Council's response to the judge was that Council did intend to have the ordinance apply
on the City streets. He added that the. new ordinance supported the facts of what the
City was and had been doing. He cited a Santa Ana court case that ruled there was no
fundamental right to camp on public property. He finalized that the proposed ordinance
was about camping on public streets, not just homelessness and he felt it met the
emergency criteria.
Vice Mayor Carpenter said Council was working toward solutions to the homelessness,
that the issue was about the health and safety of community, and reasonableness of
allowing people to sleep and live on the streets without the accommodations they need.
Until the City had accommodations to allow people to live on the streets, the City had to
legislate agains it, he said.
Council Member Ashbaugh voiced concerns with the nature of the ordinance and some
content, particularly Section 1 with 43 findings. He mentioned that the Prado Day
Center would lose it's exemption under the new ordinance and suggested follow up
action to reinstate the exemption. He said he was not convinced it needed to be passed
as an emergency measure. He noted that many good ideas were brought up tonight.
He said that to him the facts were very different than what was in judge's opinion. He
said he had reservations with some of the language in the findings.
City Council Meeting Minutes Page 8
July 10, 2012
Council Member Smith expressed that the City was working toward long term solutions.
She said she would support the ordinance and was not happy with amount of
enforcement that was occurring.
Mayor Marx explained that the streets were not designed to support vehicles camping
on streets and that she would support the emergency ordinance, being the first duty to
protect the health and safety of the citizens of the City.
City Attorney Dietrick provided details on adopting the ordinance as a non - emergency.
Council Member Ashbaugh said he had a problem with some content of the ordinance
and most of the findings and that he would vote opposed unless Council considered
proposed language changes. He mentioned the findings in Section 3, B, he suggested
it be worded "The Council finds that there is a need to clarify Council's intent as to the
application and enforcement of its Ordinance ". He explained that he thought the
purpose of tonight was to achieve a good result with the court and move forward.
Council Member Ashbaugh moved to amend Finding B under Section 3 to read "The
Council finds that there is a need to clarify Council's intent as to the application and
enforcement of its Ordinance ". Hearing no second, he withdrew his motion.
to introduce and
adopt Emergency Ordinance 1583 (2012 Series), to .be effective immediately, to 1)
prevent the immediate threats to the public health, safety, and welfare associated with
the conduct of living in vehicles in unsuitable areas within the City, including on local
public streets; and 2) correct a judicial misinterpretation of the City Council's intent
regarding the scope of Municipal Code Section 17.16.015 and its application to conduct
occurring in the public streets, as reflected in the July 3, 2012 ruling in San Luis
Superior case SLO Homeless Alliance, et al., case number CV120204. Roll Call vote:
4 -1, Council Member Ashbaugh opposed. Motion Carried.
Council Member Ashbaugh noted for the record his no vote was due to concern about
much of the language in the findings in Section 1, the language specifically supporting
the urgency. He said he believed everyone should work toward a solution based on
collaberation and cooperation.
City Attorney Dietrick mentioned Council Member Ashbaugh's question regarding the
exemption of Prado Day Center from the new ordinance, saing Council could give
direction to staff that the new provision was not to be enforced in that area. She said
Council could temporarily suspend enforcement by a majority vote.
Council Member Ashbaugh moved to suspend enforcement of the new ordinance with
respect to Prado Day Center, sectioned by Council Member Smith.
City Council Meeting Minutes Page 9
July 10, 2012
Since there was consensus of Council to suspend enforcement of the new ordinance at
Prado Day Center, the City Attorney will return with a resolution, Council Member
Ashbaugh withdrew his motion.
At this point, 9:30 PM, Council recessed to reconvene the Closed Session for:
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Government Code § 54956.9
SLO Homeless Alliance v City of San Luis Obispo
San Luis Obispo County Superior Court Case No. CV120204
All Council Members in attendance returned from closed session at 10:00 PM.
City Attorney Dietrick reported action by motion of Council Member Carter, seconded by
Vice Mayor Carpenter, to authorize the City Attorney to file a motion for reconsideration
and request to vacate the preliminary injunction and in the alternative, to request a stay
and authorize appeal of the preliminary injunction rule. Vote was 5 -0. Motion carried.
City. Manager Lichtig announced the intent of the enforcement of the new ordinance,
requesting Police Chief Gesell to explain past practices and the City's intent to enforce
past practices.
Chief Gesell recapped past practices, citing the last 10 years of data on the ordinance,
he said it was plain to see that this year the police had given out quite a few warnings
and 4 out of the last 6 months, actually issued more warnings than citations. He noted
that spoke to the fundamental belief that the City wanted voluntary compliance with the
ordinance as well as all City ordinances. Going. forward; he characterized it as a "soft
roll out ", eliminating some of the confusion that the recent turn of events may have
caused and educating the public that there was an ordinance in place and the police
would take incremental steps; education, warnings and finally, citations if it was a. safety
threat.
City Attorney Dietrick said it would be her intent to address that issue directly to the
court at the case management conference on July 24, 2012.
PUBLIC HEARINGS
PHI. CALLING NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION WITH
RESPECT TO A BALLOT MEASURE FOR A UTILITY USER TAX
MODERNIZATION ORDINANCE, SET PRIORITIES FOR ANALYSIS,
ARGUMENTS AND REBUTTALS AND APPOINT TWO MEMBERS OF
COUNCIL TO SUBMIT ARGUMENTS AND REBUTTALS.
Finance & IT Director Bourbeau and Interim City Clerk Schroeder presented the report and
responded to Council questions.
City Council Meeting Minutes Page 10
July 10, 2012
Mayor Marx opened the public hearing.
Hearing no public comments, Mayor Marx closed the public hearing.
Finance and IT Director Bo_ urbeau mentioned he provided_ examples for arguments and
rebuttals.
Mayor Marx and Council Member Ashbaugh volunteered to serve on the ad hoc
committee to draft a ballot measure argument, permitting all Council Members to sign the
argument.
Hearing no testimony, Mayor Marx closed the public hearing.
ACTION: Moved by Council Member Carter /Ashbaugh to: 1) Adopt Resolution No:
10379 (2012 Series) requesting the Board of Supervisors to consolidate the General
Municipal Election on November 6, 2012 with the Statewide General Election for the
purpose of submitting to the voters the question relating to repeal and re- enactment of
the City's utility user's tax ordinance. 2) Adopt Resolution No: 10380 (2012 Series) for
the submission of a proposed. ballot measure to the qualified voters of the City of San
Luis Obispo. 3) Adopt Resolution No: 10381 (2012 Series) setting priorities for filing
written arguments regarding a City measure and directing the City Attorney to prepare an
Impartial Analysis. 4) Adopt Resolution No: 10382 (2012 Series) providing for the filing
of Rebuttal Arguments for a City measure submitted at Municipal Elections. 5) Appoint
an ad hoc committee of the City Council to prepare and submit ballot arguments and
rebuttal arguments, if warranted. Roll Call Vote: 5 -0. Motion Carried.
STUDY SESSION ITEMS
SS1. WATER RATE STRUCTURE STUDY.
Utilities Director Mattingly, Deputy Director of Water Horton, and Conservation Manager
Munds and consultant Shawn Doom presented the report and responded to Council
questions.
PUBLIC COMMENTS ON STUDY SESSION 1
Kevin Rice, San Luis Obispo, asked if billing fees, rate fees, and re- connect fees were a
part of the structure. He spoke about reminders and late fees.
- - -end of public comments—
Council Member Smith requested a copy of the overhead slide presentation.
Director Mattingly said they would also be posted on the web.
L�
City Council Meeting Minutes Page 11
July 10, 2012
COUNCIL LIAISON REPORTS AND COMMUNICATIONS
Council Member Carter asked if there was consensus to agendize an item for policy
statements for Citizens United, to which the majority expressed no interest in agendizing
the item.
Vice Mayor Carpenter brought up a report from the City Manager regarding the
consolidation of Utilities Department and Public Works Department.
It was the consensus of Council not to agendize the subject, it being too premature.
City Manager Lichtig explained that if there was a recommendation for a major structural
change after the assessment study, it would come before Council to evaluate.. She
encouraged Council to wait for the outcome of the assessment.
Council Member Ashbaugh reported on a CAPSLO meeting June 23 and award of the
contract for design of the new homeless services center.
Mayor Marx reported on a July 13 ribbon cutting at the Ludwig Center.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 11:15 p.m.
Slheryll Sch oeder, MMC
Interim City Clerk
APPROVED BY COUNCIL: August 7, 2012