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HomeMy WebLinkAbout04-13-2021 City Council Minutes - Special Meeting San Luis Obispo Page 1 Tuesday, April 13, 2021 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, April 13, 2021 at 5:33 p.m. by Mayor Harmon, with all Members present via teleconference. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Mayor Harmon led the Pledge of Allegiance. PRESENTATIONS 1. ADVISORY BODY RECOGNITION The Mayor and City Council recognized the Advisory Body members for their service. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Tim Jouet ---End of Public Comment--- San Luis Obispo City Council Minutes of April 13, 2021 Page 2 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 2. INTRODUCE AN ORDINANCE AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING CARTS), AND AN ORDINANCE AMENDING CHAPTER 12.04 (ENCROACHMENTS AND EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS) Assistant City Manager Shelly Stanwyck, Parks and Recreation Director Greg Avakian and Public Works Director Matt Horn provided an in-depth staff report and responded to Council questions. Public Comments: Amman Asfaw SBSLO Alliance Thomas Arndt Kevin Foote Marshall James Eva Ulz Frank Kopcinski Donna Hare Price Lisa Jouet Michelle M. ---End of Public Comment--- RECESS Council recessed at 8:15 p.m. and reconvened at 8:27 p.m., with all Council Members present. ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to introduce Ordinance No. 1695 (2021 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 8, Health and Safety, of the Municipal Code to add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts;” Revise Section 8.10.040 (Packet Page 15) as follows: A. “Abandoned or unattended shopping cart” means a shopping cart which is either: 1. Removed from the premises of a retail establishment by any person without the written authorization or consent of the cart’s owner; or 2. Left unattended, discarded, or abandoned upon any public or private property other than the premises from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the authorization or consent of the cart’s owner. For purposes of this chapter, a shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed is presumed abandoned, even if in the possession of any person, unless the person possessing the shopping cart is: San Luis Obispo City Council Minutes of April 13, 2021 Page 3 a. The owner, or an employee or authorized agent of the owner, entitled to possession of such shopping cart; b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; c. Enforcing this chapter upon the Director’s authority; or d. Has written permission to possess such shopping cart from the owner entitled to possession of such shopping cart. Revise Section 8.10.060 Prohibitions (Packet Page 17) as follows: A. It is unlawful for any business to allow or permit the removal of a shopping cart from the premises of the cart’s owner. A. t is unlawful to possess a shopping cart off the premises of a retail establishment without the prior written authorization or consent of the shopping cart’s owner, unless the person in possession of the shopping cart is in the process of immediately returning the shopping cart to the premises of the retail establishment. B. It is unlawful for any person to leave, or cause to be left, a shopping cart that was in his or her possession or custody, on any public area or upon any public or pr ivate property such that it becomes an abandoned shopping cart. C. It is unlawful to possess or use a shopping cart in City parks or open spaces and in any creek, stream bed, or riparian area located within the City. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER MARX, CARRIED 4-1 (COUNCILMEMBER PEASE VOTING NO) to introduce Ordinance No. 1696 (2021 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 12.04 and Chapter 12.20 of the San Luis Obispo Municipal Code to clarify expressly that tents and similar structures are prohibited encroachments in public parks” consistent with a previously issued clarifying Memorandum. ACTION: By consensus, the Council directed staff to continue to monitor the use of child play areas in parks, check in with the Parks and Recreation Commission and report back to the Council if there is further recommendations or direction needed from the Council. STUDY SESSION ITEMS 3. 2020 URBAN WATER MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN Utilities Director Aaron Floyd and Deputy Utilities Director of Water Mychal Boerman provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- San Luis Obispo City Council Minutes of April 13, 2021 Page 4 By consensus, Council provided the following comments to staff: •Prohibition on wheeling water at 5 years or less. •As part of any wheeling agreement there should be a statement at what tier it gets cut off. •Offers of audits could be in the Watch category. •Keep up with the irrigation situation both in residential and around the school. •Water bill inserts may not be the best way to outreach to customer because of auto bill pay. •Make sure to include Social Media in outreach. •Look for incentive ideas (contests) to make saving water more fun. COUNCIL COMMUNICATIONS AND LIAISON REPORTS None ADJOURNMENT The meeting was adjourned at 9:48 p.m. The next Regular City Council Meeting is scheduled for Tuesday, April 20, 2021 at 5:30 p.m., via teleconference. APPROVED BY COUNCIL: 05/04/2021