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MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 5, 2011
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
4:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM
ROLL CALL:
Council Members
Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice
Mayor John Ashbaugh, and Mayor Jan Marx
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael
Codron, Assistant City Manager, and Elaina Carlo, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
ANNOUNCEMENT OF CLOSED SESSION TOPICS
City Attorney Dietrick announced the following Closed Session topics.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators:
Employee Organizations:
Unrepresented Employees:
Monica Irons, Katie Lichtig, Michael Codron, J.
Christine Dietrick, Andrea S. Visveshwara
San Luis Obispo City Employees' Association
(SLOCEA), San Luis Obispo. Police Officers'
Association (POA); San Luis Obispo Staff
Officers' Association (SLOPSOA), Fire
Battalion Chiefs' Association and San Luis
Obispo City Firefighters, Local 3523
Confidential Employees, Unrepresented
Management Employees
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Government Code § 54956.9
Pacific Mechanical Corp. v. City of San Luis Obispo
PUBLIC COMMENT ON CLOSED SESSION ITEMS
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Tuesday, July 5, 2011
Page 2
Mayor Marx called for public comments. None were forthcoming and the meeting
adjourned to the Closed Session.
CLOSED SESSION REPORT
City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00
p.m. Regular Meeting.
The Closed Session adioumed at 6:05 p.m.
7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER
Mayor Marx called the Regular Meeting to order at 7:00 p.m. All Council Members were
present.
CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Session to discuss Labor
Negotiations. No further reportable action was taken.
City Attorney Dietdck reported that Council met in Closed Session to discuss existing
litigation as indicated above. Council provided unanimous direction to proceed with the
defense on that case.
.APPOINTMENTS
Al. -APPOINTMENT TO THE PLANNING- COMMISSION.
Mayor Marx and Council Member Carter reported on their recommendation..
Council _Member .Carpenter spoke in opposition to the Council Subcommittee's
recommendation due to his concerns regarding the diversity of the membership on the
Planning Commission.
Vice Mayor Ashbaugh spoke in support of the recommendation; however, he did state
his concerns regarding the diversity of the membership on the Planning Commission..
ACTION: Moved by Carter /Smith to appoint John Larson to the Planning Commission
to fill an unscheduled vacancy with a term ending March 31, 2013; motion carried 4:1,
Carpenter opposed.
PUBLIC COMMENT
John Altman, San Luis Obispo, spoke about his concerns regarding downtown
businesses which keep their doors open and their air conditioning on. .
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Tuesday, July 5, 2011
Donald Hedrick, San Luis Obispo, spoke about his concerns regarding the traffic in his
neighborhood and increased recycling needs.
Lory Frank Farrior, San .Luis.Obispo, spoke in opposition to the proposed Orcutt Area
Annexation.
Jody Frey, San Luis _Obispo, spoke in opposition of Measure B.
Will Powers, San Luis Obispo, spoke about his concerns regarding a memo submitted by
staff regarding the Johnson Avenue restriping project.
Paul -Rys, San_ Luis Obispo, spoke about his concerns regarding the Proposition 218
process.
CONSENT-AGENDA
Council Comments:
By consensus, Council pulled Item C6 and Item C2 for further discussion.
Public Comment:
Item C6
Anna.Aven, Morro Bay, spoke of the importance of the Assistance League of San Luis
Obispo County and thanked the Human Relations Commission (HRC) for the proposed
grant funds.
James Statler, San - Luis_Obispo, Executive of Community Counseling Center, spoke
about the importance of the Community Counseling Center and thanked the HRC for the
proposed grant funds.
Madge Momingstar, Biq Brothers and Big Sisters, thanked the HRC for the proposed
grant funds..
Carol Florence, Past President of Big Brothers and Big Sisters, thanked the HRC for the
proposed grant funds.
Item C8
Donald Hedrick, San Luis. Obispo, suggested replacing the soap dispensers at Meadow
Park.
C1. MINUTES.
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Tuesday, July 5, 2011
ACTION: Moved by Carter /Ashbaugh to waive oral reading and approve as presented;
motion carried 5:0.
C2. REVISED INJURY AND ILLNESS PREVENTION PROGRAM.
ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10282 (2011 Series)
approving the revised Injury and Illness Prevention (IIP) Program and authorizing the
City Manager to approve subsequent revisions to the IIP Program; motion carried 5:0.
C3.
DELEGATE/ALTERNATE 2011.
ENCE VOTING
ACTION: Moved by Carter /Ashbaugh to designate Mayor Jan Marx as the voting
delegate and Vice Mayor John Ashbaugh as the voting alternate to the League of
California Cities Annual Conference; motion carried 5:0.
C4. 2010 -11 COMMUNITY PROMOTIONS CONTRACTS.
ACTION: Moved by Carter /Ashbaugh to: 1) As recommended by the Tourism
Business Improvement District (TBID) Board, approve the second year financing for the
two -year contract with Level Studios and authorize the City Manager to execute the
amendment to the agreement in the amount of $800,000; 2) Authorize the City Manager
to enter into various contracts for Community Promotions not to exceed the 2011 -12
budget of $584,500 and based on the recommendations by the Promotional
Coordinating Committee (PCC) and the TBID Board; 3) Authorize the City Manager to
enter into contracts utilizing the TBID Fund unappropriated fund balance from the 2010-
11 fiscal year for tourism marketing expenditures in 2011 -12; and 4) Approve the 2011-
12 Grants -in -Aid (GIA) allocations in the amount of $98,155 and authorize the City
Manager to execute the individual agreements with each grant recipient; motion carried
5:0.
C5. RECYCLED WATER SYSTEM ASSESSMENT — REQUEST FOR
PROPOSALS:
ACTION.: Moved by Carter /Ashbaugh to: 1) Approve the request for proposals (RFP)
for professional engineering services for the preparation of a Recycled Water System
Assessment, Specification No. 91091, and authorize its issuance. 2) Authorize the City
Manager to award a contract if the selected proposal is within the approved budget of
$40,000; motion carried 5:0.
C6. 2011 -12 HUMAN RELATIONS COMMISSION (HRC) GRANTS -IN -AID (GIA)
FUNDING RECOMMENDATIONS.
Council Member Carter suggested that the HRC research alternative methods for future
disbursements of GIA funds. Council concurred.
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Tuesday, July 5, 2011
Council commended the HRC for their work efforts in bringing forth the GIA funding
recommendations.
ACTION: Moved by Carter /Ashbaugh, as recommended by the HRC, to approve the
2011 -12 GIA allocations in the amount of $126,600 and authorize the City Manager to
execute agreements with each grant recipient; motion carried 5:0.
C7. MEASURE Y PROJECTS STREET RECONSTRUCTION SUMMER 2011,
SPECIFICATION NO. 91040 AND MICROSURFACING SUMMER 2011,
SPECIFICATION NO. 91041.
ACTION: Moved by Carter /Ashbaugh to: 1) Award a contract to Papich Construction
Company, Inc. in the amount of $1,088,467 for the Street Reconstruction Summer
Project, Specification No. 91040; 2) Approve the fund transfer amounts of $1,242,166
from the Master Street Reconstruction and Resurfacing Account, $21,320 from the
Distribution System Improvements Master Account, $21,431 from the Master Collection
System Improvements Account and $1,340 from the Bicycle Facility Improvement
Account to the Street Reconstruction Summer 2011 project's construction and
construction management phases; 3) Award a contract to Bond Blacktop, Inc. in the
amount of $1,063,983.35 for the Microsurfacing Summer Project, Specification No.
91041; and 4) Approve the fund transfer amounts of $1,216,733 from the Master Street
Reconstruction and Resurfacing Account and $51,000 from the Bicycle Facility
Improvement Account to the Microsurfacing Summer 2011 project's construction and
construction management phases; motion carried 5:0.
C8. MEADOW PARK IMPROVEMENTS — ADA ACCESSIBILITY AND PLAY
EQUIPMENT REPLACEMENT, SPECIFICATION NO. 9085.1.
ACTION: Moved by Carter /Ashbaugh to: 1) Award a contract to Arthurs Contracting,
Inc. of Atascadero in the amount of $121,190 for the Meadow Park Improvements: ADA
Accessibility and Play Equipment Replacement, Specification No. 90851 and authorize
the Mayor to execute the agreement; 2) Authorize the transfer of $18,246 from the
Capital Improvement Program (CIP) Completed Projects Parkland Development
account to the play equipment construction phase account ($17,815) and the equipment
acquisition account ($431) to support costs associated with the play equipment
replacement portion of the project; 3) Authorize the transfer of $7,655 of general funds
from the ADA Improvements (90569) construction phase account to the play equipment
replacement (90851) construction phase account to support costs associated with the
play equipment replacement portion of the project; and 4) Approve a CMAS cooperative
purchase (Contract No. 4- 03- 78- 0021A) in the amount of $50,230.48 for the purchase of
play equipment and authorize the Finance Manager to execute a purchase order with
Landscape Structures, Inc; motion carried 5:0.
PUBLIC HEARINGS
1. APPEAL OF DENIAL OF TAXI DRIVER PERMIT RENEWAL.
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Tuesday, July 5, 2011
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City Attorney Dietrick asked Council Members to report any ex parte communications.
Council Member Smith stated that she spoke with staff regarding this item..
Chief of Police Linden presented the agenda report and responded to Council
questions.
Mayor Marx opened the public hearing.
Paul G. McGill, Appellant, spoke in opposition to the denial of his taxi driver permit and
asked Council to reconsider.
Mayor Marx closed the public hearing.
ACTION: Moved by Smith /Ashbaugh to deny the appeal and uphold the action of the
Chief of Police to deny Paul G. McGill the renewal of his taxi driver permit and direct
staff to receive an application from Mr. McGill after May 5, 2012, if he so chooses;
motion carried 5:0.
2. APPROVAL OF CONVE
AND
PRIVATE OPEN SPACE (CON 22 -11).
Interim Community Development Director Davidson presented the agenda report and
responded to questions.
Mayor Marx opened the public hearing.
Carol Florence, Principal Planner, Oasis Associates, spoke in support of staffs
recommendation.
Hamish Marshall, WestPac Development President, spoke in support of staffs
recommendation and responded to Council questions.
Mayor Marx closed the public hearing.
ACTION: Moved by Ashbaugh /Smith to adopt Resolution No. 10283 (2011 Series)
approving the conversion of 23 senior apartment units into condominiums, with an
exception to property improvement standards for private open space, at The Oaks
senior housing facility located at 61 Broad Street as amended in Section 2; motion
carried 5:0.
3. ORDINANCE AMENDING CHAPTER 10.36.220 (RESIDENTIAL PARKING
PERMIT- ISSUANCE) OF THE SAN LUIS OBISPO MUNICIPAL CODE
ESTABLISHING FEES FOR RESIDENTIAL PARKING PERMITS.
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Tuesday, July 5, 2011
Mayor Marx stated that she will recuse herself because she resides in one of the
parking districts.
City Attorney Dietrick concurred.
Vice Mayor.Ashbaugh stated that although he resides near the boundaries of a parking
district, he will continue to participate in the discussion and action of Item PH3. Ct
Attorney Dietrick concurred.
Council recessed at 8:53 p.m. and reconvened at 9:05 p.m. with all members present,
with the exception of Mayor Marx.
Director of Public Works Walter introduced this item, following which Principal
Transportation Planner Mandeville and Parking Manager Horch presented the agenda
report and responded to questions.
Vice Mayor Ashbaugh opened the public hearing.
Julia Pierce, San Luis Obispo, spoke in support of the implementation of the fee, however
was concerned about the increase of fees for the elderly.
David Brodie, San Luis Obispo, spoke in support of the fee increase.
Jason Macauley, San Luis Obispo, spoke in opposition to the residential parking permit.
Dana Justesen; San Luis .Obispo, spoke about her concerns living in a parking district
and suggested that there be alternatives for residents which cannot afford the permits.
Odile Avral, San Luis Obispo, spoke in support of staffs recommendation on the
condition that there is increased parking enforcement.
Michael. Sheffer, San Luis Obispo, spoke in opposition to the residential parking program.
Andrea Devitt, San Luis Obispo, spoke in opposition to the residential parking program.
Donald Hedrick, San Luis Obispo, spoke in opposition to the residential parking program.
Kevin Rice, San Luis Obispo, spoke in support of the residential parking program and
suggested the City impose a higher fee.
Steve Delmartini -San Luis Obispo.Association of Realtors, spoke about his concerns
regarding the costs pertaining to the parking permit program and suggested alternatives
for the placards.
Roger Larson, San Luis Obispo, spoke about his concerns regarding the necessity of the
parking districts, annual permits and enforcement:
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Tuesday, July 5, 2011
Don Printop, San Luis .Obispo, spoke in opposition to the residential parking permits and
the proposed fees.
Yvonne Printop, San Luis Obispo, spoke in opposition to the residential parking permits
and the proposed fees.
Deborah Schlanser, San Luis Obispo, spoke in support of the parking permits in her
neighborhood.
Vice Mayor Ashbaugh closed the public hearing.
Parkinq Division Manager Horch explained the process of dissolving a parking district and
responded to additional Council questions.
Council Member Carpenter spoke about his concerns regarding the parking districts, the
impacts to surrounding areas and cost recovery.
ACTION: Moved by Carter /Smith to: 1) Introduce Ordinance No. 1565 (2011 Series)
amending Chapter 10.36.220 (Residential Parking Permit- Issuance) of the San Luis
Obispo Municipal Code establishing fees for residential parking permits. 2) Adopt
Resolution No. 10284 (2011 Series) authorizing a $10 fee for annual residential parking
permits; motion carried 3:1, Marx recused /Carpenter opposed.
Further Council discussion ensued during which they discussed addressing the
necessity of parking districts.
Vice Mayor Ashbaugh stated that although his wife leases an office in the downtown
area, there will be no impact to the lease agreement, which includes, private parking.
City Attorney Dietrick stated that Vice Mayor Ashbaugh's decision to participate in
discussion and action on Items 4, 5, and 6 was pursuant to Fair Political Practices
Commission Regulation, 18705.2.
By consensus., Council agreed to hear Items 4, 5 and 6 under one staff presentation but
take separate actions.
4. ORDINANCE AMENDING CHAPTER 10.52.030 (TIME OF OP_ERATION)_OF
THE SAN LUIS OBISPO MUNICIPAL CODE_ EXPANDING OPERATIONS TO
INCLUDE SUNDAY.
Director.of_Public Works Walter introduced this item, following which Principal
Transportation Planner Mandeville presented the agenda report and responded to
questions.
Mayor Marx opened the public hearing.
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Tuesday, July 5, 2011
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David Brodie, San Luis Obispo, spoke in support of staffs recommendation.
Council recessed at 10:31 p.m. and reconvened at 10 :34 p.m. with all memebers present.
Kevin Rice, San Luis Obispo, spoke in opposition to the Sunday parking fees.
Mayor Marx closed the public hearing.
ACTION: Moved by Carter /Ashbaugh to introduce Ordinance No. 1566 (2011 Series)
amending Chapter 10.52.030 (Time of Operation) of the San Luis Obispo Municipal
code expanding operations to include Sunday; motion carried 5:0.
5.
MUNICIPAL CODE.
Director of Public Works Walter, introduced this item, following which Principal
Transportation Planner Mandeville presented the agenda report.
Mayor Marx opened the public hearing.
Kevin Rice, San Luis Obispo, spoke in opposition to staffs recommendation.
Mayor Marx closed the public hearing.
ACTION: Moved by Carter /Smith to introduce Ordinance No. 1567 (2011 Series)
amending Chapter 10.44.020 (Curb Markings - Meaning- Authority to Place) of the San
Luis Obispo Municipal Code amending the time of operation and duration; motion
carried 5:0.
6.
IETER ZONE-
Director of Public Works Walter introduced this item, following which Principal
.Transportation Planner Mandeville presented the agenda report.
Mayor Marx opened the public hearing.
Kevin Rice, San Luis Obispo, spoke in opposition to staffs recommendation.
Mayor Marx closed the public hearing.
ACTION: Moved by Carter /Ashbaugh to introduce Ordinance No. 1568 (2011 Series)
amending Chapter 10.52.010 (Parking Meter Zone - Rates) of the San Luis Obispo
Municipal Code to increase the on- street parking meter rates from $1.25 to $1.50 an
hour in a downtown "super core" zone; motion carried 4:1, Carpenter opposed.
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Council Member Carpenter spoke in opposition to the motion and suggested
researching the enforcement of the meters during evening hours.
7.
GROUND
BUSINESS ITEMS
SID THE CITY FIRE
Fire Chief Hines introduced this item, following which Hazardous Materials Coordinator
Boyle presented the agenda report.
Public Comments
There was no public comment.
- - -end of public comments—
ACTION: Moved by Ashbaugh /Carpenter to revise the current fee structure for facilities
storing regulated fuels in quantities greater than 1,320 gallons, as per State regulations..
Staff is recommending the following fee structure. for all facilities in the Aboveground
Petroleum Storage Act (APSA) program: $125 for one tank; $250 for two tanks; $300
for more than two tanks; motion carried 5:0.
COUNCIL LIAISON REPORTS
There were no Council Liaison Reports.
COMMUNICATIONS
Vice Mayor Ashbaugh spoke about a proclamation he presented to the Native Daughters
of the Golden West and his attendance at the Arroyo Grande centennial celebrations.
Council Member Smith spoke about her attendance at the Cal Poly Performing Arts
meeting, the Hospitality Zone webinar at the Downtown Association, Habitat for Humanity
ribbon cutting and Dave Garth's retirement celebration.
Council Member Carter reported on his attendance at the Mayor's meeting.
Mayor Marx announced important dates for the August 30th, Special Election.
City Clerk Cano explained the general process of returning ballots.
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 10:54 p.m.
City Council Meeting
Tuesday, July 5, 2011
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: 09/20/11
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