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03/20/2012.MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 20, 2012 - 7:00 P.M. 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 Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATION Proclamation for Elaina Cano, celebrating City Clerk of San Luis Obispo and future role as City Clerk. Mayor Marx thanked City Clerk Cano for outstanding service and wished her well in her future city. Ms. Cano expressed her gratitude for the years of service she had with the city. REPORT FROM CLOSED SESSION Closed Session Report from 4:00pm Special Meeting, City Attorney Dietrtick reported no further action was taken. PUBLIC COMMENT Don Hedrick, San Luis Obispo, spoke about his various concerns regarding government. Berni Ann Lewis, San Luis Obispo, spoke about American Lung Association and support of Prop 29. Paul Rys, San Luis Obispo, spoke about his concerns regarding all levels of the Federal Government and the cities financial conditions getting worse before they get better. Finance Director Bourbeau and Councilmember Carter responded to Mr. Rys concerns. Dr. Will Powers, San Luis Obispo, spoke his concerns regarding homelessness. ------ - - - - - -------- - ----- - ----------- --- - - -- - -------------------- CONSENT AGENDA City Council Meeting Page 2 Tuesday, March 20, 2012 Mayor Marx pulled Item C5 for separate action. MOTION: Moved by Ashbaugh /Carter to approve the Consent Calendar, Items C1, through C4. Roll call vote: 5:0. Motion carried. C1. MINUTES. RECOMMENDATION: to waive oral reading and approve as presented. C2. RAW WATERLINE RECOATING, SPECIFICATION NO. 90983. RECOMMENDATION: to: 1) Approve plans and specifications for the Raw Waterline Recoating Project, Specification No. 90983. 2) Approve the transfer of $250,000 into the project's construction and construction management phases from the Water Treatment Plant Major Facility Maintenance account. 3) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $190,000. C3. AUTHORIZE A GRANT APPLICATION FOR THE HOUSING RELATED PARKS PROGRAM. RECOMMENDATION: to: Adopt Resolution No. 10341 authorizing staff to apply to the California State Department of Housing and Community Development (HCD) for $117,450 of Housing Related Parks (HRP) Grant program funds to be applied towards the Santa Rosa Park playground equipment replacement project. C4. STORM DRAIN REPAIRS AT VARIOUS LOCATIONS - PHASE 1. SPECIFICATION NO. 91037 A MEASURE Y. PROJECT. RECOMMENDATION : to: 1) Approve plans and specifications for the Phase 1 Storm Drain Repairs at Various Locations Project, a Measure Y — Y2 cent sales tax funded project, Specification No. 91037. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid for the Phase 1 Storm Drain Repairs at Various Locations Project is within the Engineer's Estimate of $269,000. 3) Authorize an advance of the 2012 -13 Storm Drain Replacement funding of $350,000 to the project account to allow for award of the contract. C5. ADOPTION-OF AN ORDINANCE AMENDING TITLE 15 OF THE MUNICIPAL DE): CITY FILE #: GPA/ER ACTION: Moved by Carter /Smith to: Adopt Ordinance No. 1575 (2012 Series) amending Title 15 of the Municipal Code. Council Members Ashbaugh /Carpenter left the dias. Roll call vote: 3:0. Ashbaugh, Carpenter recused. Motion carried. PUBLIC HEARINGS AND BUSINESS ITEMS 1. SAFE PARKING PILOT PROGRAM AT. PRADO DAY CENTER &. DIRECTION REGARDING PUBLIC STREET PARKING RESTRICTIONS. Community Development Director Johnson and Housing Program Manager Corey presented the report and responded to questions. City Council Meeting Page 3 Tuesday, March 20, 2012 Dee Torres, CAPSLO, spoke in support of the Safe Parking Pilot Program at Prado Day. Center. Councilmember Carpenter asked how the 5 spaces were arrived at and she responded that it was in collaboration with the City. Council Member Ashbaugh, inquired about the limited camping voucher program. Ms. Torres said they were continuing conversation about the idea. Council Member Carter, asked staff how many spaces were being occupied each night and Mr. Johnson responded that they were typically full. Police Chief Gesell explained his concerns on illegal camping and crimes that are associated with the vehicles parked on Prado Lane and the increase of calls for service for transient related issues. Council Member Smith asked about the process, hours and dollars of the pilot program, to which Director Johnson responded they were one -time costs. Mayor Marx commented on the impact implementation would have on staff, Housing Program Manager Corey responded. .Council Member Carter asked how long the lease ran on the rifle range, Assistant City Manager Codron responded that it was an on -going lease. Ms. Torres responded that they shared the parking lot. Public Comments: Supervisor Adam Hill, Chair, Homeless Services Oversight Council mentioned his concerns regarding homelessness and support of staff's recommendation of five parking spaces. Jim Griffin, San Luis Obispo, spoke his concerns of homelessness. Tim Waag said he supported 6 parking spaces and a surveillance system. Robert Watts, San Luis Obispo, expressed his concerns of being homeless. Mary N Parker said she supported the safe parking program. Jason Reed, San Luis Obispo, Deputy Director of Women's Shelter of San Luis Obispo spoke in support of recommendation number one of the recommendation. Stew Jenkins, San Luis Obispo, noted that Item No. 1 of the recommendation was not correct, it suspended it for five parking spaces. City Council Meeting Page 4 Tuesday, March 20, 2012 Donald E Hedrick, San Luis Obispo, suggested that Elks Lane_ could be considered for safe parking. Paul Wolff, San Luis Obispo, Prado Day Center, said that the program was a start for with 5 spaces. Prado Day Center is in support. Dan Ross, San Luis Obispo, and Ruben Aguiar spoke regarding homelessness. Kevin Rice, San Luis Obispo supported the proposal, asking if a.Resolution could suspend an Ordinance, to which the City Attorney responded the enforcement could be suspended by Resolution temporarily. Jean Knox, San Luis Obispo, spoke regarding homelessness. Abby Lassen, Nipomo, suggested the City explore other options as it pertained to Item No. 3 in the recommendation. Fran Couhlin, Atascadero, Board Chair for CAPSLO, and Biz Steinberq, San Luis Obispo, spoke in support of the staff recommendations. Courtney Kienow, San Luis Obispo Chamber of Commerce, expressed support. Jody Frey, San Luis Obispo, spoke about being homeless. Will Powers, San Luis Obispo, addressed homeless persons in the audience. Paul Rys, San Luis Obispo, said he supported staff's recommendation. End of Public Comments At 9:01 pm, the Council recessed and returned at 9:17 pm, with all Councilmembers in attendance. Council Member Carpenter asked the City Attorney to address the constitutionality of Title 17 and City Attorney Dietrick answered referring to a California Supreme Court decision in which Santa Ana's ordinance was upheld. Council Member Ashbaugh discussed parking issues, Robert Horch, Parking Manager, responded. Council Member Ashbaugh commented that he felt six months was too short. He expressed concerns with Items No. 2 and 3. Council Member Smith said she favored the pilot program and supported the 6 months. She commented on a letter from Kevin McGurty suggesting the residents on that street get together. City Council Meeting Page 5 Tuesday, March 20, 2012 Council Member Carpenter expressed support regarding the 5 parking spaces and the 6 month time frame. Community Development Director Johnson responded the 6 month timeframe was to give staff opportunity to evaluate the pilot program Council Member Carter said he was comfortable with the 6 months and asked if Item No. 3 should come back at another time. Mayor Marx expressed her support of the 6 months and 5 parking spaces and she agreed that Item No. 3 needed more feedback before moving forward. She also spoke about the residency requirement. ACTION: Moved by Ashbaugh /Carter to approve Items 1 and 2: 1) Adopt Resolution No. 10342 to temporarily suspend the enforcement of Municipal Code Chapter 17.16.015 (Recreational vehicle as dwelling unit) for six months for a portion of 43 Prado =Road and authorize the City Manager to enter into an agreement with Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) to implement a safe parking pilot program at the Prado Day Center for a six month time period with X.;.conditions outlined in Attachment 10; 2) Direct staff to return to the Council in six months to report on the success of the pilot program and consider changes to Title 17 of the Municipal Code to establish a permanent safe parking program. Roll call vote: 5:0. Motion carried. Council Member Ashbaugh clarified that the motion did not contain a local residency -S`requirement. City Manager Lichtig asked for clarification regarding expending staff time. Community Development Director Johnson noted staff had wanted Council's direction on whether they staff should be working on Item 3. Council Member Carter noted he did not want to wait 6 months to focus on Item 3 before providing staff direction. ACTION: Council Member Smith /Carter moved to agendize and notice Item 3 separately and return in the next 2 to 3 months, 3) Direct staff to develop amendments to the Municipal Code to improve parking enforcement to address persons sleeping in vehicles that are not participating in an authorized safe parking program. Roll call vote: 5:0. Motion carried. Council Member Ashbaugh voiced his concern that there would not be sufficient outreach. 2. LAND USE AND CIRCULATION ELEMENTS UPDATE - STATUS AND INTRODUCTION OF CONSULTANT TEAM. City Council Meeting Tuesday, March 20, 2012 Page 6 Community Development Director Johnson and Deputy Director Murry introduced the item, Deputy Director Long Rang ICim Murry and Rick Rust, Project Manager and responded to questions. Public Comments: Steve DelMartini, San Luis Obispo, spoke about his concerns regarding the diversity on the TF -LUCE and Community Development Director Johnson responded. End of Public Comments 3. TAXI RATE INCREASE. Parking Services Manager Horch and Transit Manager Webster present the report and respond to Council's questions. Council Member Carter asked what prevented the City from getting to a common rate. Transit Manager Webster responded that Council could set rates. Council Member Ashbaugh asked how the proposed rates differed. Manager Webster answered that the current rate was the rate that was sent when they were initially licensed, the temporary rates were being made permanent. Mayor Marx opened the public hearing. No Public Comments Mayor Marx closed the public hearing. ACTION: Moved by Ashbaugh /Smith. to: Adopt Resolution No. 10343 approving a taxi rate increase based on continued high retail gasoline prices. Roll call vote: 4:1. Councilmember Carter opposed. Motion carried. Council Member Carter stated his opposition to the motion was he felt a one rate structure was more appropriate. 4. CANCELLATION OF CITY_ COUNCIL MEETINGS. City Clerk Cano presented the staff report. Public Comments: Donald Hedrick, San Luis Obispo, voiced his concerns regarding speaking time at Council meetings. End of Public Comments ACTION: Moved by Carter /Smith to: 1) Cancel the Regular City Council Meetings of Tuesday, August 14 and 21, and December 18, 2011, Jan 1, 2013. 2) Cancel the Regular City Council Meeting of Tuesday, November 6, 2012, due to Federal, State, and Municipal Elections. 3) Council will hold regular meetings in January 2013 on the City Council Meeting Page 7 Tuesday, March 20, 2012 8tH 15tH, and 22 "d. Roll call vote. 4:1. Councilmember Ashbaugh opposed. Motion carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Smith report on her attendance with the Economic Development Strategy Team and the Mind BodyTour. Assistant City Manager Codron announced the first workshop for the EDST would be March 29th at 6 pm at library. Ann, advises council Council Member Ashbaugh reported on his attendance at Integrated Waste Management Agency, CAPSLO, and Save Our Downtown. He requested an agenda item supporting Prop 29 on the June Ballot. City Attorney Dietrick to provide additional information on the proposition. Mayor Marx reported on her attendance at SCLC, ribbon cutting Dick's Sporting Goods, met.with Auditor GBPB., Mind Body Tour, Villages presentation, RAMS. Announced March 21st, Laguna Lake Golf Course open house on multi use path. ADJOURNMENT There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 11:21 p.m. Sheryll Sc roeder, MMC Interim City Clerk APPROVED BY COUNCIL: April 17, 2012