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HomeMy WebLinkAbout07-26-2012 c1 minutesMEETING DATE : August 7,201 2 ITEM : C l MINUTE S SPECIAL AND REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, JULY 10, 201 2 5 :00 P .M . SPECIAL MEETIN G 7 :00 P.M . REGULA R COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Member s Present :Council Members John Ashbaugh, Andrew Carter, Vice Mayor Da n Carpenter, and Mayor Jan Marx . Kathy Smith was not in attendance a t this time . 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 . --------------------------------------------------------------------------------------------------------------- CLOSED SESSIO N City Attorney Dietrick announced the following Closed Session Topics : 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 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 County Superior Court Case No . CV12020 4 PUBLIC COMMENT ON CLOSED SESSION ITEMS : Mayor Marx called for public comments . None were heard and the Council recessed t o the Closed Session . Closed Session adjourned at 7 :00 P .M . City Council Meeting Minutes Page 2July 10, 2012 REGULAR MEETING OF THE CITY COUNCI L ROLL CALL : Council Member s Present:Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e Mayor Dan Carpenter, and Mayor Jan Mar x City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Sheryll Schroeder, Interim Cit y Clerk, were present at Roll Call . Other staff members presented report s or responded to questions as indicated in the minutes . --------------------------------------------------------------------------------------------------------------- PLEDGE OF ALLEGIANCE , The Pledge was provided by Council Member Carter. --------------------------------------------------------------------------------------------------------------- CLOSED SESSION REPOR T City Attorney Dietrick announced regarding the first item, anticipated litigation relating t oadispute regarding fee assessments and Prado Road reimbursements pursuant to projec t 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 develope r would pay fees immediately as set forth in a pre-annexation agreement and woul d subsequently agree to pay fees as may be adopted pursuant to the public process for th e 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 t o continue the Closed Session item for further consideration after the open sessio ndiscussion on Item B1 . --------------------------------------------------------------------------------------------------------------- PRESENTATION S Mayor Marx presented Jay Walter, Public Works Director, with a Proclamation thankin g him for his years of service . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT FOR ITEMS NOT ON THE AGEND A Council Member Kathy Smith entered the meeting at 7 :10 P .M . On behalf of Senator Sam Blakeslee, Hans Poschman presented to Vice Mayo r Carpenter a memorial resolution on his father's passing, Robert L . Carpenter . City Council Meeting Minutes Page 3 July 10, 201 2 Rick Racouillet and David Hafemeister, speaking on Citizen United vs . the Federa l 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 th e Legislative Platform . Janine Barasch, San Luis Obispo, spoke about the homelessness and possibl e solutions . She suggested designating City properties not being used between 5 P M and 7 AM, the Romero Corporate Yard, east of the Prado Day Center, about 60 parkin g spaces . She suggested the City issue parking permits to park in lots overnight for a tw o 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 sai d he spoke to staff and was told City properties would be look at and after taking bids, i t would be remedied . He asked how the City could have a Neighborhood Wellnes s Program when the City did not maintain their own property . Assistant City Manager Codron explained that the City would be receiving bids thi s week and work to occur as early as next week . He said the City had done regula r 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 fo r the extended contract with the City for promotions and tourism . Lanyce Mills, San Luis Obispo, urged Council to pass a resolution for a constitutiona l amendment do away with Citizens United decision . Donald Hedrick, San Luis Obispo, spoke on transparency of government and th e election processes . Jodie Frey, San Luis Obispo, explained the difficulty of homelessness . ---------------------------------------------------------------------------------------------------------------- CONSENT AGEND A PUBLIC COMMENTS ON CONSENT CALENDAR ITEM S 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 b y the ordinance . City Council Meeting Minutes Page 4July 10, 201 2 ACTION : Council Members Carter/Ashbaugh moved to approve the Consen t Calendar, Items Cl amended through C7, minus C4 . Roll Call Vote : 5-0 . Motio nCarried. Cl .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 AN DDISPOSAL ACCOUNTS .(MATTINGLY/MUNDS ) RECOMMENDATION : Adopt Resolution No :10378 (2012 Series)authorizing the Sa n Luis Obispo County Assessor to assess amounts due to San Luis Garbage Compan y on delinquent accounts for provision of solid waste collection and disposal services a sdescribed in City Municipal Code Section 8 .04 .070 as liens against properties involved . C3.LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENC E VOTING DELEGATE/ALTERNATE 2012 .(CODRON/SCHROEDER ) RECOMMENDATION : Designate Mayor Jan Marx as the voting delegate and Vic e Mayor Dan Carpenter as the voting alternate to the League of California Cities Annua lConference. C4.ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPA LCODE(ZONING REGULATIONS);CITY FILE #:RITA 101-11 .(JOHNSON/DAVIDSON ) RECOMMENDATION : Adopt Ordinance No .1578 (2012 Series)amending Title 17 o f the Municipal Code regarding alcohol outlet regulations . 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 . 9007 3 PROJECT AWARD .(WALTERNANBEVEREN ) RECOMMENDATION : 1) Appropriate $371,665 in approved Urban State Highway sAccount grant funds ; allocating $137,000 for the Mid Higuera Rehabilitation projec t account and $234,665 for the Bob Jones Trail Connection at Los Osos Valley Roa dproject account . 2) Award a contract to Cal Portland Construction for the constructio n of the Mid Higuera Rehabilitation project, including the base project and Additiv e Alternate #1 for a total contract amount of $711,330 .97 . 3) Approve the transfer o f $11,000 from various Utilities accounts to the Mid Higuera Rehabilitation project City Council Meeting Minutes Page 5 July 10, 201 2 account : $4,000 from the Water Raise Valve Covers account and $7,000 from th e Collection Systems Improvements Master Account . 4) Approve the transfer of $29,03 2 in remaining design funds from the completed design phase to the construction phas e of the Mid Higuera Rehabilitation project account . C6.2012-13 COMMUNITY PROMOTIONS PROGRAM .(CODRON/ELKE ) RECOMMENDATION : 1) As recommended by the Tourism Business Improvemen t District (TBID) Board, approve the second and final two-year extension of the marketin g 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 a s recommended by the TBID Board . 3) Authorize the City Manager to enter into variou s contracts for Community Promotions not to exceed the 2012-13 budget of $781,500 an d based on the recommendations by the Promotional Coordinating Committee (PCC) an d 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 marketin g expenditures in 2012-13 . C7.ACCEPTANCE OF GRANT FUNDS AND CREATION OF A CAPITA L IMPROVEMENT ACCOUNT FOR CALLE JOAQUIN AGRICULTURAL RESERVE RIPARIAN ENHANCEMENTS .(CODRON ) RECOMMENDATION : Accept grant funds in amount of $125,000 from the State o f California's Environmental Enhancement and Mitigation Program (EEMP), an d appropriate the funds to a new Capital Improvement Project (CIP) account dedicated t o riparian enhancements along Prefumo Creek at the Calle Joaquin Agricultural Reserve . ----------------------------------------------------------------------------------------------------------------- Council decided to take Item B1 at this point in the meeting . BUSINESS ITEM S B1 .AN EMERGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISP O DECLARING AND REAFFIRMING THE SCOPE AND INTENDE D ENFORCEMENT OF THE CITY'S ORDINANCE PROHIBITING THE USE O F VEHICLES AS LIVING AND SLEEPING QUARTERS THROUGHOUT TH E CITY OF SAN LUIS OBISPO AND ADOPTING A PARALLEL PROHIBITIO N TO BE ADDED AS CHAPTER 9 .18 (VEHICLE AS DWELLING UNIT) OF TH E SAN LUIS OBISPO MUNICIPAL CODE . Derek Johnson, Community Development Director, presented the report and responde d to Council questions . PUBLIC COMMENTS ON BUSINESS ITEM B 1 John Barta, Morro Bay, said he did not think the City was looking at the homeless bi g picture, that they should be helping the homeless veterans . C1-5 City Council Meeting Minutes Page 6 July 10, 201 2 Michelle Tasseff, San Luis Obispo, code enforcement officer in Santa Maria, said sh e found homeless people in San Luis Obispo unfriendly, disrespectful, leaving trash al l over, and she has seen seweage being dumped . She said she lived near Prado Da y Center and she saw it everyday. Jody Frey, San Luis Obispo, spoke on the recent judge's decision and spoke about he r experience on being homeless . Barbara Walter 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 anthin g 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 regardin g 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 tha t the City solve the homelessness in a compassionate way . Rebecca Townsend, San Luis Obispo, asked the City to consider creating campground s or accomodations for homeless persons and hire them for community service . Jeanne Orosco, San Luis Obispo, expressed that she had been homeless and aske d where the homeless were supposed to go . Cheryl Larson spoke about the plight of the homeless . Danny Braninhuiey said he was homeless . Karen Spease, Arroyo Grande, spoke about the number of home foreclosures and th e homeless . Courtney Kienow, SanLuis Obispo, representing Chamber of Commerce, explained th e Chamber had not evaluated the emergency ordinance under consideration so they woul d not support or oppose . C1-6 City Council Meeting Minutes Page 7July10, 201 2 Dr . Will Powers, San Luis Obispo, spoke about homeless persons and that the Counci l would adopt the ordinance before them . Stew Jenkins, San Luis Obispo, urged Council to reconsider their action and th e additional cost in litigation . He presented a written statement, citing he felt there was n o reason for the emergency . Kevin Rice, San Luis Obispo, said that Judge Crandall would not be pleased with th e 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 an d 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 rulin g indicated that the court wished to discuss with the parties moving forward wit h discovery, the injuction would remain in place . She clarified that a preliminary injunctio n was not a final decision on the merits so the court's consideration of the merits of th e 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 appl y on the City streets . He added that the new ordinance supported the facts of what th e City was and had been doing . He cited a Santa Ana court case that ruled there was n o fundamental right to camp on public property . He finalized that the proposed ordinanc e was about camping on public streets, not just homelessness and he felt it met th e 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 o f allowing people to sleep and live on the streets without the accommodations they need . Until the City had accommodations toallow people to live on the streets, the City had t o legislate agains it, he said . Council Member Ashbaugh voiced concerns with the nature of the ordinance and som e content, particularly Section 1 with 43 findings . He mentioned that the Prado Da y Center would lose it's exemption under the new ordinance and suggested follow u p action to reinstate the exemption . He said he was not convinced it needed to be passe d 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 option . H e said he had reservations with some of the language in the findings . C1-7 City Council Meeting Minutes Page 8 July 10, 201 2 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 o f enforcement that was occurring . Mayor Marx explained that the streets were not designed to support vehicles campin g on streets and that she would support the emergency ordinance, being the first duty t o 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 ordinanc e and most of the findings and that he would vote opposed unless Council considere d proposed language changes : He mentioned the findings in Section 3, B, he suggeste d it be worded "The Council finds that there is a need to clarify Council's intent as to th e application and enforcement of its Ordinance". He explained that he thought th e 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 "Th eCouncilfinds that there is a need to clarify Council's intent as to the application an d enforcement of its Ordinance". Hearing no second, he withdrew his motion . ACTION : Motion by Council Member CarterNice Mayor Carpenter to introduce an d adopt Emergency Ordinance 1583 (2012 Series), to be effective immediately, to 1 ) prevent the immediate threats to the public health, safety, and welfare associated wit h the conduct of living in vehicles in unsuitable areas within the City, including on loca l public streets ; and 2) correct a judicial misinterpretation of the City Council's inten t regarding the scope of Municipal Code Section 17 .16 .015 and its application to conduc t occurring in the public streets, as reflected in the July 3, 2012 ruling in San Lui s 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 abou t much of the language in the findings in Section 1, the language specifically supportin g the urgency . He said he believed everyone should work toward a solution based o n collaberation and cooperation . City Attorney Dietrick mentioned Council Member Ashbaugh's question regarding th e exemption of Prado Day Center from the new ordinance, saing Council could giv e direction to staff that the new provision was not to be enforced in that area . She sai dCouncilcould temporarily suspend enforcement by a majority vote . Council Member Ashbaugh moved to suspend enforcement of the new ordinance wit h respect to Prado Day Center, sectioned by Council Member Smith . City Council Meeting Minutes Page 9 July 10, 201 2 Since there was consensus of Council to suspend enforcement of the new ordinance a t Prado Day Center, the City Attorney will return with a resolution, Council Membe r Ashbaugh withdrew his motion . At this point, 9 :30 PM, Council recessed to reconvene the Closed Session for : 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 County Superior Court Case No . CV12020 4 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 b y Vice Mayor Carpenter, to authorize the City Attorney to file a motion for reconsideratio n and request to vacate the preliminary injunction and in the alternative, to request a sta y 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 enforc e 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 warning s and 4 out of the last 6 months, actually issued more warnings than citations . He note d that spoke to the fundamental belief that the City wanted voluntary compliance with th e ordinance as well as all City ordinances . Going forward, he characterized it as a "sof t 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 polic e 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 th e court at the case management conference on July 24, 2012 . ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARING S PHI .CALLING NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION WIT H RESPECT TO A BALLOT MEASURE FOR A UTILITY USER TA X MODERNIZATION ORDINANCE, SET PRIORITIES FOR ANALYSIS , ARGUMENTS AND REBUTTALS AND APPOINT TWO MEMBERS O F COUNCIL TO SUBMIT ARGUMENTS AND REBUTTALS . Finance & IT Director Bourbeau and Interim City Clerk Schroeder presented the report an d responded to Council questions . C1-9 City Council Meeting Minutes Page 1 0 July 10, 201 2 Mayor Marx opened the public hearing . Hearing no public comments, Mayor Marx closed the public hearing . Finance and IT Director Bourbeau mentioned he provided examples for arguments an d rebuttals. Mayor Marx and Council Member Ashbaugh volunteered to serve on the ad ho c committee to draft a ballot measure argument, permitting all Council Members to sign th e argument . Hearing no testimony, Mayor Marx closed the public hearing . ACTION :Moved by Council Member Carter/Ashbaugh to :1) Adopt Resolutio n No :10379 (2012 Series)requesting the Board of Supervisors to consolidate th e General Municipal Election on November 6, 2012 with the Statewide General Electio n 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 :1038 0 (2012 Series)for the submission of a proposed ballot measure to the qualified voters o f the City of San Luis Obispo . 3) Adopt Resolution No :10381 (2012 Series)settin gpriorities for filing written arguments regarding a City measure and directing the Cit y 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 Municipa l Elections . 5) Appoint an ad hoc committee of the City Council to prepare and submi t ballot arguments and rebuttal arguments, if warranted . Roll Call Vote : 5-0 . Motio nCarried. ----------------------------------------------------------------------------------------------------------------- STUDY SESSION ITEM S SS1 .WATER RATE STRUCTURE STUDY . Utilities Director Mattingly, Deputy Director of Water Horton, and Conservation Manage r Munds and consultant Shawn Doorn presented the report and responded to Counci l 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 . C1-10 City Council Meeting Minutes Page 1 1 July 10, 201 2 ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Council Member Carter asked if there was consensus to agendize an item for polic y statements for Citizens United, to which the majority expressed no interest in agendizin g the item . Vice Mayor Carpenter brought up a report from the City Manager regarding th e 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 structura l change after the assessment study, it would come before Council to evaluate . Sh e encouraged Council to wait for the outcome of the assessment . Council Member Ashbaugh reported on a CAPSLO meeting June 23 and award of th e contract for design of the new homeless services center . Mayor Marx reported on a July 13 ribbon cutting at the Ludwig Center . ----------------------------------------------------------------------------------------------------------------- ADJOURNMEN T There being no further business to come before the City Council, Mayor Marx adjourne d the meeting at 11 :15 p .m . Sheryl) Schroeder, MM C Interim City Cler k APPROVED BY COUNCIL : C1-11 MINUTE S SPECIAL AND REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, JULY 17, 201 2 6 :00 P .M . SPECIAL MEETIN G 7 :00 P .M . REGULA R COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Member s Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e Mayor Dan Carpenter, and Mayor Jan Mar x City 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 . --------------------------------------------------------------------------------------------------------------- CLOSED SESSIO N City Attorney Dietrick announced the following Closed Session Topic : CONFERENCE WITH LABOR NEGOTIATOR S Pursuant to Government Code § 54957 .6 Agency Negotiators :Rick Bolanos, Monica Irons, Greg Zoche r Employee Organizations :San Luis Obispo Police Officers' Association (POA ) PUBLIC COMMENT ON CLOSED SESSION ITEM : Mayor Marx called for public comments . None were heard and the Council recessed t o the Closed Session . Closed Session adjourned at 7 :00 P .M . REGULAR MEETING OF THE CITY COUNCI L ROLL CALL : Council Member s Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e Mayor Dan Carpenter, and Mayor Jan Marx C1-12 City Council Meeting Minutes Page 2 July 17, 201 2 City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Sheryll Schroeder, Interim Cit y Clerk, were present at Roll Call . Other staff members presented report s or responded to questions as indicated in the minutes . --------------------------------------------------------------------------------------------------------------- PLEDGE OF ALLEGIANC E The Pledge was provided by Council Member Smith . ----------------------------------------------------------------------------------------------------------------- CLOSED SESSION REPOR T City Attorney Dietrick announced that there were no reportable actions from the Close d Session item . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT ITEMS NOT ON THE AGEND A Barbara Walker spoke on homelessness issues . Jeanne Orosco spoke on homelessness . Don Hedrick, San Luis Obispo, spoke about homelessness . Jim Griffin encouraged Council to call together all the stakeholders to discuss solution s together. Steve Barasch spoke about lack of maintenance of city property and cree k maintenance . ------------------------------------------------------------------------------------------------------- CONSENT AGEND A PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS : Jody Frey, San Luis Obispo, commented on Item C4, questioned the parking at Prad o Day Center . Donald Hedrick, San Luis Obispo, spoke about the proposed Resolution under Item C4 . ---end of public comments--- C1-13 City Council Meeting Minutes Page 3 July 17, 201 2 Council Member Smith requested Item C4 be pulled for separate action . ACTION :Council Members Carter/Ashbaugh moved to approve the Consen t Calendar, Items Cl through C 3 . Roll Call Vote : 5-0 . Motion Carried . C1.2012 WATER RESOURCES STATUS REPORT . RECOMMENDATION : Receive and file the 2012 Water Resources Status Report . C2.DESIGN SERVICES FOR SCADA SYSTEM UPGRADE PROJECT , SPECIFICATION #91062 — REQUEST FOR PROPOSALS . RECOMMENDATION : 1) Approve the request for proposals (RFP) for professiona l engineering services for the design of SCADA System Upgrade Project, Specificatio n #91062, and authorize it's issuance, and ; 2) Authorize the City Manager to award a contract if the selected proposal is within the approved budget of $400,000 . C3.APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISIO N IMPROVEMENTS FOR TRACT 3039, 730 FOOTHILL BOULEVAR D (TR 108-07). RECOMMENDATION : 1) Adopt Resolution No .10383 (2012 Series) approving the Fina l Map for Tract 3039, 730 Foothill Boulevard ; and 2) Adopt Resolution No .10384 (201 2 Series) accepting the public improvements and certifying completion of the require d private subdivision improvements for Tract 3039, 730 Foothill Boulevard . C4.RESOLUTION OF THE CITY COUNCIL SUSPENDING ENFORCEMENT O F THE REQUIREMENTS OF SAN LUIS OBISPO MUNICIPAL CODE SECTIO N 9 .18 FOR A PORTION OF 43 PRADO ROAD . RECOMMENDATION : 1) Adopt Resolution No .10385 (2012 Series) suspending enforcement of the requirements of San Luis Obispo Municipal Code Section 9 .18 for a portion of 43 Prado Road . Council Member Smith mentioned it would be January 2013 before the Council assesse d the safe parking pilot program, she suggested the time be trimmed to three months so tha t the City could begin establishing other safe parking programs in a speedier fashion . It was decided to consider direction to staff under Council Comments . ACTION :Council Members Ashbaugh/Carter moved to approve the Consen t Calendar, Item C4 . Roll Call Vote : 5-0 . Motion Carried . ----------------------------------------------------------------------------------------------------------------- C1-14 City Council Meeting Minutes Page 4 July 17, 2012 PUBLIC HEARINGS AND BUSINESS ITEM S PHI .SECOND READING OF ORDINANCE NO . 1582 AUTHORIZING A N AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN LUI S OBISPO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNI A PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE SECTION 2047 5 (DIFFERENT LEVEL OF BENEFITS), SECTION 21363 .1 (3% u 55 FUL L FORMULA) AND SECTION 20037 (THREE-YEAR FINAL COMPENSATION ) FOR LOCAL FIRE SAFETY MEMBERS . Human Resources Director Irons and Human Resources Manager Zocher presented th e report and responded to Council questions . Mayor Marx opened the public hearing . Jody Frey, San Luis Obispo, said she was not sure there were fair negotiations with th e fire fighters . Hearing no further testimony, Mayor Marx closed the public hearing . ACTION :Moved by Council Members Carter/Ashbaugh to :adopt Ordinanc e No .1582 (2012 Series) authorizing an amendment to the contract between the Cit y Council of the City of San Luis Obispo and the Board of Administration of the Californi a Public Employees' Retirement System (CaIPERS). Roll Call Vote : 3-2, Vice Mayo r Carpenter and Council Member Smith opposed . Motion Carried . PH2 .AMENDMENTS TO THE PUBLIC FACILITIES FINANCING PLAN OF TH E MARGARITA AREA SPECIFIC PLAN (SPA 53-12). Council Member Smith recused herself stating she lived within 500 feet of the are a would have a conflict of interest . At this point, she left the dais . Community Development Director Johnson and Senior Planner Dunsmore presented th e report and responded to Council questions . Council Member Ashbaugh asked why the Council could not get the track map bac k sooner than October . Community Services Director Johnson said staff was continuing to negotiate with th e developer and anticipated completion of the agreement by October . Mayor Marx asked about implications for rest of developments coming into th e Margarita area . Senior Planner Dunsmore said it was a fee reduction for the amount of impact fees t o be paid for each residential unit to be developed in the entire Margarita area in future . C1-15 City Council Meeting Minutes Page 5 July 17, 201 2 Mayor Marx opened the public hearing . Donald Hedrick, San Luis Obispo, urged Council to not lower the fees but to use them fo r maintainance of creeks . Aaryn Abbott spoke in favor of the proposed amendment and urged Council to revie w their current fees . Mayor Marx closed the public hearing after the testimony . ACTION :Moved by Council Members Carter/Ashbaugh to ,:as recommended by th e Planning Commission : 1) Adopt Resolution No .10386 (2012 Series) amending Chapte r 9 of the Margarita Area Specific Plan to address parks financing ; and, 2) Adopt Resolution No .10387 (2012 Series) amending the development impact fees for th e Margarita Area Specific Plan . Roll Call Vote : 4-0 . Council Member Smith recused . Motion Carried . PH3 .CONSIDERATION OF THE DRAFT CLIMATE ACTION PLAN . Community Development Director Johnson and Associate Planner David presented th e report and responded to Council questions . Mayor Marx asked if the bio solid recycling program was still in existance and Associat e Planner David said it was still and would be recognized in the plan . Mayor Marx opened the public hearing . Don Hedrick, San Luis Obispo, spoke against support of the Climate Action Plan . Richard Kramzdorf , San Luis Obispo, spoke in support of the plan . Jody Frey , San Luis Obispo, spoke about cutting trees and chemicals that-effect th e environment. Andrew Cristie, Sierra Club, made suggestions on portion of the report an d implementation timelines . Steve Barach, San Luis Obispo, felt the report had nothing about economic impact to th e public to implement . He suggested a fiscal analysis be prepared first . Courtney Kienow, Representing the SLO Chamber of Commerce, thanked staff fo r community input process . She encouraged the City to provide a financial impact analysi s on businesses and citizens . Scott Mann, energy upgrade specialist, supported staff recommendations . C1-16 City Council Meeting Minutes Page 6 July 17, 201 2 Kevin Rice, San Luis Obispo, stated he felt the costs could be excessive and that th e proposal was over-reaching . He added that he felt the negative declaration was wishfu l and that staff time was underestimated . Mayor Marx closed the public hearing after the testimony . At 9 :00 PM, Council recessed until 9 :13 PM, at which time all returned to the dias . Council Member Carter said he did not think a cost benefit analysis had taken place , and before implementation one should be done, also the communities cost and benefits . Mayor Marx said that when land use and circulation elements are brought forward, the y will require an economic analysis . She added that future costs were impossible t o estimate . She felt this was a policy statement . Council Member Ashbaugh informed that the plan had changed due to public input an d he did not wish to delay further . He asked about a cost estimate that required ne w commercial development parking places to be wired for charging stations . Community Development Director Johnson responded that there was no estimate a t this time, that staff could provide follow up information . Council Member Ashbaugh spoke about the removed section that called for a jobs/housing balance, which was in the Planning Commission version . Associate Planner David noted it was included in the Planning Commission draft , Planning Commission members felt that this document was not the place to discus s that . He said that the wording of the strategy did not change, there was still wording t o that effect in the document . Council Member Smith asked if Council could place a condition on any one issue tha t could come back with financial analysis . Community Development Director Johnson answered that a lot of the document woul d not be implemented immediately ; parts would come back in other programs . He added that if it was the desire of Council, when any of the individual issues came befor e Council, a fiscal analysis could be added . Council Member Carter said it should be put in document that a fiscal analysis would b e done . Vice Mayor Carpenter mentioned it was good fiscal management to do analysis and tha t potential savings would also show up in analysis . C1-17 City Council Meeting Minutes Page 7 July 17, 201 2 Community Development Director Johnson said staff had the tools to run progra m costs, what the impact to the private sector would be . He informed that typically staff did fiscal impacts as part of the staff report on Council items which were just related t o City, it didn't extend to the private sector . He explained that staff wanted to be sensitiv e to not imposing costs on businesses or residential development . He suggested that o n Page 13, "Finalizing the City's Reduction Strategies", to add a sentence that wher e strategies had a potential to impose a cost on the community, a cost benefit analysi s shall accompany implementation proposals . Council Member Ashbaugh asked if it could be conditioned on where it was feasible t o do so . Community Development Director Johnson said that staff would show what the shor t and long term savings would be . In discussing transportation of solid waste, Council Member Ashbaugh and Mayor Mar x added on page 41, WST 1 .1 .0 "Conduct a feasibility assessment study of relocating bi o solid composting ." Council Member Carter, speaking on Page 20, Item BLD 2 .2, "Require ne w development to install energy-efficient appliances", said most developers install energy - efficient appliances . Mayor Marx asked if there was grant possibilities for some of the implementations an d Community Development Deputy Director Murry responded yes, there were grants fo r both the City and residents . The majority of Council requested Item TLU 8 .1 "Improve a jobs/housing balance t o reduce VMT from commuting" added back in on Page 33 . Council Member Carter discussed TLU 2 .1 and TLU 2 .2 on Page 30 . He suggeste d lower percentages and higher space requirements . Council Member Smith asked the definition of "near term" and Deputy Director Murr y responded within the next five years . The majority Council agreed on 50 parking spaces on TLU 2 .2 and 2 .3 . On page 36, Mayor Marx wished to add the following sentence to the end of the firs t paragraph, "The City's rate structure also encourages water conservation ." On page 41, Mayor Marx wished to add WST 1 .10 "The feasibility study of relocate d composting of bio solids ." City Council Meeting Minutes Page 8 July 17, 201 2 Mayor Marx felt Parks and Open Space needed their own sections . Page 43, Existin g Actions, title it Parks, eliminate and Open Space and include more accurate an d complete description of open space or greenbelt program of approximately 6,000 acres . Associate Planning David suggested adding to the existing Section "As of 2012, the Cit y maintains a total of 6,765 acres of Open Space" and add to the introduction "Ope n space provides the biggest net benefits since carbon absorption in these areas is hig h while maintenance is low". Continuing on page 44, Parks and Open Space Strategies, Mayor Marx wished to add a sentence to say "While parks and urban forest generate greenhouse gas emissions du e to primarily maintenance activities, open space preservation results in 100% carbo n absorption ." Page 45, it was agreed to change 2 .4 to "Expand donation program for open spac e preservation and maintenance ." Page 46, PKS 4 : Establish more Community Gardens, Mayor Marx suggested languag e "Establish more community gardens and put the Calle Joaquin Agricultural Reserv e under cultivation :" It was agreed the heading would be changed to "Foster Local Food Production". Section 4 .2 to read "Implement the Calle Joaquin Agricultural Reserve Master Plan ." On Page 61, PKS 4, instead of establish more community gardens, Mayor Marx suggested it read to foster local food production and the indicator would b e implementation of the Calle Joaquin Agricultural Reserve master plan". Page 45, bottom of the page, Mayor Marx suggested it read "PKS 2 : Parks Development and Open Space Preservation ." ACTION :Moved by Council Members Ashbauqh/Carter to :As recommended by th e Planning Commission, Adopt Resolution No .10388 (2012 Series) as amended, t o approve the Climate Action Plan and the associated Negative Declaration o f Environmental Impact . Roll Call Vote : 5-0 . Motion Carried . ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S Vice Mayor Carpenter asked if it was possible for Council to bring the SLO Brew to a future Council meeting without going through the appeal process . City Attorney Dietrick answered that it would not be under current policy and woul d present due process issues with respect to the applicant . C1-19 City Council Meeting Minutes Page 9 July 17, 201 2 Vice Mayor Carpenter asked the schedule for the update to Council on the land us e circulation element . Community Development Director Johnson responded that Council would receive a briefing in October and staff would set the schedule and milestones in the next couple o f months .He said staff planned to bring to Council in early January with spring updates . Council Member Carter said he met with So . Cal Gas to discuss their advanced mete r program . He discussed the potential issue of receiving facilities which would be 35 feet i n air . Council Member Smith expressed a desire for an agenda item on the pilot safe parkin g program . Council Member Carter said he also wanted the discussion, since Council had bee n focused on the off street camping issue, he felt it was important that the issue b e balanced with a "carrot "aspect, which could be an expanded program . Council Member Ashbaugh asked when the City would find out the results of the Ran d McNally visit and City Manager Lichtig responded later that week . He added that h e attended the Neighborhood Wellness update ; he participated in the Mosaic Festiva l concert, the League of Cities meeting in Atascadero, and the California Arts Council . Mayor Marx reported attendance at the Regional Transportation Agency do analysis o n present facility and possible expansion . She announced that August 3 and 4 there woul d be a garage and bake sale in Los Osos to benefit the Maxine Lewis homeless shelter . City Manager Lichtig asked for clarification or concurrence, if staff were to bring back a n item that incorporated other issues, other than the safe parking issue, other issues related to homeless, to give Council a broader discussion . She added that staff was meeting o n a regular basis . She felt it was an opportunity to share all the efforts that were bein g undertaken to try to address the issue of homelessness as well mitigating the impacts o n the community . Council Member Smith said she didn't have a problem with that ; she just did not want th e issue to get lost in a mire of other kinds of ideas . Council Member Ashbaugh said discussion of broader issues was acceptable . H e explained the homeless services center issue would be one Council would wrestle wit h and possibly open up again, saying that to him, that was a decision which the communit y voted and moved on,there was currently a contract with an architect . He supported a broader discussion . He felt other homeless advocates could be invited . Vice Mayor Carpenter asked about the additional meeting in August discussed by Counci l Member Ashbaugh and City Manager Lichtig noted staff would get back to Council . ----------------------------------------------------------------------------------------------------------------- C 1-20 City Council Meeting Minutes Page 1 0 July 17, 2012 ADJOURNMENT , There being no further business to come before the City Council, Mayor Marx adjourne d the meeting at 10 : 40 PM . City Clerk APPROVED BY COUNCIL : MINUTE S SPECIAL MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O THURSDAY, JULY 26, 201 2 3 :30 P .M . SPECIAL MEETIN G COUNCIL HEARING ROOM, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Members 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 . --------------------------------------------------------------------------------------------------------------- CLOSED SESSIO N City Attorney Dietrick announced the following Closed Session Topic : 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 County Superior Court Case No . CV12020 4 CONFERENCE WITH LABOR NEGOTIATOR S Pursuant to Government Code § 54957 .6 Agency Negotiators :Rick Bolanos, Monica Irons, Greg Zoche r Employee Organizations : San Luis Obispo Police Officers' Association (POA ) PUBLIC COMMENT ON CLOSED SESSION ITEM : Mayor Marx called for public comments . None were heard and the Council recessed t o the Closed Session . At 5 :40 PM, City Attorney Dietrick announced that there was no reportable action fro m Closed Session . ----------------------------------------------------------------------------------------------------------------- ADJOURNMEN T There being no further business to come before the City Council, Mayor Marx adjourne d the meeting at 5 :40 PM . C1-22 City Council Meeting Minutes Page 2 July 26, 2012 City Clerk APPROVED BY COUNCIL : Page intentionally lef t blank .