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HomeMy WebLinkAbout09/18/2012MINUTES SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 18, 2012 4:00 P.M. SPECIAL MEETING 6:00 P.M. REGULAR MEETING COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 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 Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. STUDY SESSION ITEM SS1. WATER RATE STRUCTURE STUDY SESSION. Utilities Director Mattingly, and Conservation Manager Munds, presented their report and responded to Council questions. Shawn Koom, Associate Vice President, HDR Engineering, Inc. presented his report and responded to Council questions. At 5:33 pm the Council Study Session concluded. Council adjourned to Regular Meeting of September 18, 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 Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. City Council Meeting Minutes Page 2 September 18, 2012 ---__----- ---------------------------------------------------------------------------------- ------------ PLEDGE OF ALLEGIANCE The Pledge was led by Council Member Carter. INTRODUCTIONS AND PRESENTATIONS The following introduction was received: NEW HIRE — Director of Community Development Johnson introduced new Neighborhood Services Specialist Cassia Cocina. PROCLAMATION — ALZHEIMER'S ACTION DAY (9121112) — (MARX) Proclamation read by Mayor Marx and accepted by Nancy Hite, Coordinator from Alzheimer Organization PUBLIC COMMENT Donald Hedrick, San Luis Obispo, spoke of the need for transparency in government. Gordon Hensley, San Luis Obispo Coast Keeper, wanted to generate a discussion regarding the marine life protection act resolution of support for MPAs (marine protection area). Andrea Devitt, San Luis Obispo, Counselor at Questa College announced to the Council the upcoming fundraiser at Vintage 255 on September 19th. She expressed thanks to sponsors for this event. Steve Barasch, San Luis Obispo, distributed a copy of a portion of the Minor & Miscellaneous Permits fee schedule. He questioned some of the fees and felt they should be reviewed and reduced. Kevin Rice, San Luis Obispo, spoke of his activities within the San Luis Obispo area. He would like to see more City documents available on the website and would like to see more Measure Y renewal discussions. CONSENT AGENDA Public Comments On Items On The Consent Calendar Gini Griffin, San Luis Obispo, spoke in support of Public Art in Public Places (C3). - --end of public comments -- City Council Meeting Minutes September 18, 2012 Page 3 ACTION: Motion by Council Member Smith / Council Member Ashbaugh to approve the Consent Calendar Items C1 thru C5 (with an announcement that C6 had been withdrawn from the Agenda on 9/14/2012 at the request of CAPSLO). Roll Call Vote: 5 -0. Motion Carried. C1. RESPONSE TO 2012 GRAND JURY REPORT ON MEDICAL MARIJUANA DISPENSARIES. (JOHNSON /LEVEILLE) RECOMMENDATION: Authorize the City Manager to submit a letter of response to the report on behalf of the City Council, as required by the Grand Jury. C2. WATER PUMP STATION ANALYSIS PROJECT, SPECIFICATION NO. 91178. (MATTI NGLY /M ETZ) RECOMMENDATION: 1) Authorize a total project budget of $38,232 for the Water Pump Station Analysis project, Specification Number 91178. 2) Authorize the award of the design services contract for the Water Pump Station Analysis project to the Wallace Group, Inc. for $34,732. C3. APPROVAL OF PUBLIC ART PROJECTS FOR 2011 -13. . (STANWYCK/BATES) RECOMMENDATION: 1) As recommended by the Capital Improvement Plan Committee, approve the issuance of a request for qualifications for the development of a Public Art Master Plan and authorize the City Manager to execute a consultant services agreement in an amount not to exceed $40,000. 2) Approve an allocation of $10,000 to be used for maintenance of the City's current public art collection. 3) Approve a Public Art Matching Grant request for the Kyle Roofing Mural in the amount of $5,000. C4. ACCEPTANCE OF ROTARY DONATION. (STANWYCK/VILLARREAL) RECOMMENDATION: As recommended by the Parks and Recreation Commission (PRC) accept the donation of exercise equipment for installation at Laguna Lake Nature Park donated by the San Luis Obispo Rotary Clubs and authorize the Mayor to execute a Donation Agreement with Rotary. C5. JENSEN AUDIO . VISUAL CONTRACT FOR BROADCAST ROOM EQUIPMENT ENHANCEMENT& (CODRON /SCHMIDT) RECOMMENDATION: 1) Authorize the appropriation and use of funds from the City's share of the Public, Educational and Government (PEG) funds for this project. 2) Award a sole source contract to Jensen Audio Visual to enhance the City's broadcast room equipment and authorize the City Manager to execute the contract totaling $96,673. City Council Meeting Minutes September 18, 2012 PUBLIC HEARINGS ITEM Page 4 PH1. MUNICIPAL CODE AMENDMENTS TO TITLE-9 _(PUBLIC PEACE, MORALS AND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC) AND TITLE 17 (ZONING) IN RESPONSE TO THE AUGUST 9, 2012, SETTLEMENT AGREEMENT WITH. THE SLO HOMELESS ALLIANCE. (DIETRICK/JOHNSON /MATTINGLY) City Attorney Dietrick Community Development Director Johnson, and Parking Manager, PW, Robert Horch, presented the report and responded to Council questions. Mayor Marx opened the public hearing. Jim Griffin, San Luis Obispo, is opposed to the ordinance and does not want it passed. Don Hedrick, San Luis Obispo, is opposed to the ordinance. He felt we need more solutions rather than more laws. Lacy Fortman, San Luis Obispo, is opposed to the ordinance. She stated there are many reasons that people become homeless. Chuck Crotzer, San Luis Obispo, appreciates the work that has been done clearing Prado Lane; and applauded staff for the safe parking program. Peggy Koteen, San Luis Obispo, feels the is a problem in the Prado Road area but thinks there needs to be civil solution to the situation. Kevin Rice, San Luis Obispo, told Council to do what is needed to follow through on the Court ruling; but that shouldn't be the only solution. Stewart Jenkins, San Luis Obispo, stated that homeless people sleep in cars outside his house and they don't bother him. He feels this ordinance is an improvement over what was in place, but it is not evough. Sandra Rowley, San Luis Obispo, stated that the actions of some impact the rights of others. This is a human rights issue. There are campgrounds available and there are places to dump human waste. Respect goes both ways; it is time for respect for the City. Mayor Marx closed the public hearing. Council discussion ensued during which they each stated their opinions regarding the potential amendments to the Municipal Code. City Council Meeting Minutes Page 5 September 18, 2012 Council Member Carter stated that the current ordinance regarding parking an RV on the street is longstanding; as well as the seven day limit for RVs in driveways. He stated he personally supports this ordinance; he does not think the streets are an appropriate place for camping. Council Member Smith stated that every member of the Council respects the homeless. She would have liked to see the item continued until Council has heard more about the safe parking project so that when the Council addressed this ordinance again they would know what options are available. Vice Mayor Carpenter stated that he was against this ordinance from the beginning, and is concerned that it doesn't address a solution to the real issues. He stated he is not in favor of proceeding forward at this meeting. Council Member Ashbaugh stated that the Council should vote on this matter tonight. He felt that changing to a parking citation rather than criminal infraction can cause more problems for the homeless who can not pay the parking fines. Mayor Marx stated that the ordinance was well crafted and honors the settlement agreement. She felt this ordinance is only one piece of the puzzle and a portion of what the City needs to put in place. She urged the council to approve the Ordinance and then move forward with a possible expansion of the Safe parking program. Council Member Carter stated he did not think this matter should be continued tonight. He stated that he did not hear members of council in favor of people camping on the streets. He agreed, we need to think of appropriate options, but he doesn't think camping on the street is appropriate. Motion by Council Member Smith / Vice Mayor Carpenter to continue until after October 2, 2012, when we have discussed the safe shelter pilot program review and have considered other alternatives and options for those individuals who are affected by this ordinance. Roll Call Vote: 2 -3. Motion failed (Council Member Ashbaugh, Council Member Carter and Mayor Marx opposed). ACTION: Motion by Council Member Carter / Council Member Ashbaugh to: introduce by title only an Ordinance No: 1584 (2012 Series) to adopt amendments to the Municipal Code, as follows: a) Add Chapter 10.34 to prohibit overnight camping on public streets and City -owned parking lots. b) Amend Chapter 17.16.015 to apply only to private property. c) Repeal Chapter 9.18 as of January 1, 2013 (with amended language in §4). Roll Call Vote: 3 -2. Motion Carried (Vice Mayor Carpenter and Council Member Smith opposed). At 7:00 pm the Council recessed and returned at 7:10 pm with all Council Members in attendance. City Council Meeting Minutes September 18, 2012 SS2. STUDY SESSION ITEM Page 6 THE AIRPORT AREA SPECIFIC PLAN AS PART OF THE CHEVRON TANK FARM (JOHNSON /DUNSMORE) Bill Henry, Environmental Coordinator. Dunsmore presented the report and responded to Council questions. Bill Almas, Project Manager, representing Chevron made a presentation and responded to Council questions. Public Comments on Study Session 2: Don Hedrick, San Luis Obispo, stated that this has been a very problematic area for development. Mila Vujovich- La Barre, San Luis Obispo stated that she was concerned regarding health, welfare of people visiting the area after remediation. Donation of contaminated open space is concerning. Now is the time to have a comprehensive EIR completed for Prado Road. - - -end of public comments - -- Council Member Carter addressed Ms. Vujovich- LaBarre's comments. Bill Henry responded to Ms. Vujovich- La Barre's comments. Council Member Ashbaugh stated that it is his understanding that full excavation may be considered less environmentally healthful. Vice Mayor Carpenter stated that he is confident that the EIR will address many of the most important issues. Mayor Marx indicated that this property is historical and a major part of the cities history. It is her hope that any public art will tell a bit of the story of Tank Farm Road. RECOMMENDATION: Receive a presentation on the Chevron project and amendments to the Airport Area Specific Plan (AASP) and provide feedback as appropriate. C 1 City Council Meeting Minutes September 18, 2012 Page 7 COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Smith distributed a list of her activities she participated in between August 14 — Sept 17 which included Downtown Association Board Meeting, Chamber Congressional Forum, Downtown Association State of the Downtown, LUCE Task Force, Good Morning SLO, Chamber business visitation, Homeless Service Center meeting, League of Cities Conference, Downtown Association Board Meeting, Chamber Diversity Committee, Public workshop on parking ordinance, TBID Advisory, Promotional Coordinating Committee, Planning Commission, Women's Legacy Luncheon, Chamber Leadership Government Panel and Mill Street Trees Committee. Council Member Carter reported he served on the program committee for League of California Cities this year and would appreciate comments for next year. He was pleased to see the focus on women at the Leadership SLO. Mayor Marx reported that Council Member Carter made a great presentation at League of California Cities Conference. Mayor Marx also reported her attendance at the following occasions: 9/11 commemorative event for middle school students at Laguna Lake; SLOCOG; Women's Realtors Association luncheon and Women's Legacy Lunch; Employee recognition picnic; and spoke at Cuesta College for Constitution day. Council Member Ashbaugh reported on his inspiration from the League of California Cities conference. He met with the artist involved in the sculpture for Marsh at Higuera Streets. He stated his appreciation of Council Member Carter's presentation and participation with League of California Cities Conference. He also attended the League of Women Voters meeting and heard a speech by Ken Hampian regarding his experience in Bell, CA. He also attended meetings regarding the homeless services center and CAPSLO . City Attorney Dietrick stated that travel expenses were paid for the Council Members who attended League of California Cities, as well as expenditures for the City Manager and City Attorney. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:06 p.m. - - e ,66dy Grirjis City Clerk APPROVED BY COUNCIL: 10/16/12