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HomeMy WebLinkAbout04/10/2012n MINUTES SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 10, 2012 — 6:00 SPECIAL 7:00 P.M. - REGULAR COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA CALL TO ORDER: p.m. ROLL CALL: Mayor Jan Marx called the Special Meeting to order at 6:00 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 Dietdck, City Attorney, Michael Codron, Assistant City Manager, and Sheryll Schroeder, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION ANNOUNCEMENT OF CLOSED SESSION TOPIC(S) City Attorney Dietrick announced the following Closed Session Topics: CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 Los Verdes HOA Ull v. CalTrans and City of San Luis Obispo San Luis Obispo County Superior Court Case No. CV110612 CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 SLO Homeless Alliance, et al. v City of San Luis Obispo San Luis Obispo County Superior Court Case No. CV120204 PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Marx called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. City Council Meeting Page 2 Tuesday, April 10, 2012 Council returned from Closed Session at 7:00 p.m. 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 Sheryl[ Schroeder, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION REPORT City Attorney Dietrick reported on the first matter of the Existing Litigation between Los Verdes HOA //ll v. CalTrans and City of San Luis Obispo in that matter the Council considered a proposed settlement agreement which has been approved by the Los Verdes Park II Group and is under current consideration by the Los Verdes Park I Group. The Council voted 5:0 to approve that settlement agreement contingent upon the approval by the second home owners association. Copies of that agreement are available on request. The second matter was the SLO Homeless Alliance, et al. v City of San Luis Obispo and in that matter the Council voted 5:0 to authorize the defense of the action against the City of San Luis Obispo. They also authorized the City to defend Police Chief Steve Gesell also by a vote of 5:0. They authorized the retention of defense Council with the firm Burk, Williams & Sorensen to represent the City and Chief Gesell and they authorized the City Manager to execute the retainer agreement and appropriate funds for the defense of the action. No further reportable action was taken. All of the votes were 5:0. INTRODUCTIONS AND PRESENTATIONS Mayor Marx presented a proclamation to Kristy McCray acknowledging Sexual Assault Awareness Month. Mayor Marx presented a proclamation to Julie Miller acknowledging Autism Awareness. Mayor Marx presented a proclamation to Dr. Fishman acknowledging Days of Remembrance. APPOINTMENT —1 City Council Meeting Page 3 Tuesday, April 10, 2012 Al. NOMINATION TO THE BOA COMMISSION FOR SENIOI Mayor Marx presented the report. ACTION: Moved by Ashbaugh /Carpenter to: Nominate Julie Cox to serve a term beginning on April 10, 2012 through June 30, 2013, as the City of San Luis Obispo's representative to the Central Coast Commission for Senior Citizens Area Agency on Aging Board of Directors.. Roll call vote: 5:0 . Motion carried. PUBLIC COMMENT Dr. Steve Hansen, San Luis Obispo, spoke in support of propositions on the June 5th ballot; California Cancer Research Pact, Proposition 29. Mayor Marx, asked City Attorney Dietrick if Proposition 29 had to be placed on the agenda and City Attorney Dietrick responded it could be agendized and would be brought forward as soon as possible. Heather Hellman, San Luis Obispo, spoke in support of the upcoming marathon /half marathon. Donald Hedrick, San Luis Obispo, spoke about his concerns about homelessness. Eric Meyer, San Luis Obispo, spoke about purchasing parcels from the County for a future bike path. City Attorney Dietrick noted there was a provision under the legislative platform that allows the Mayor to write a letter of support and increase funding for bicycle facility projects. She provided this information in the event Council wanted to reconsider placing the item on an agenda and proceed under the legislative platform. Mayor Marx inquired if Council wanted to agendize the item and the consensus was to authorize the Mayor to provide a letter of support regarding Mr. Meyer's request. CONSENT AGENDA Public Comments None - - -end of public comments - -- City Council Meeting Page 4 Tuesday, April 10, 2012 ACTION: Motion by Ashbaugh /Smith to approve the Consent Calendar, Item C2. Roll call vote: 5:0. Motion carved. C2. RESOLUTION BETWEEN THE CITY OF SAN LUIS OBISPO AND CONFIDENTIAL EMPLOYEE GROUP FOR THE PERIOD OF JANUARY 1. 2012 THROUGH DECEMBER 31, 20138 RECOMMENDATION: 1) Adopt Resolution No: 10345 (2012 Series) reducing compensation for the Unrepresented Confidential Employees for the period of January 1, 2012 through December 31, 2013. 2) Adopt Resolution No: 10346 (2012 Series) ceasing to pay and report the value of the employer paid member contribution (EPMC) to California Public Employees Retirement System (CaIPERS) for members of the City's Confidential Employees. BUSINESS ITEMS 1. LOS OSOS VALLEY ROAD MULTI -USE PATHWAY. SPECIFIC Public Works Director Walter Engineer McGuire, and Traffic Operations Manager Hudson presented the report and responded to Council questions. Councilmember Smith asked if the funding was spent on the design of the bridge or the current design. Engineer McGuire responded $75,000 was spent on the design of the bridge project and additional design funds in the amount of $55,000 for the bike path. Councilmember Carter noted his concern with pedestrians riding against traffic on Laguna Lane. Traffic Operations Manager Hudson responded they would provide signs for legal obligations for the cyclist. They would also provide physical constraints to the roadway to make it uncomfortable to continue on the path. Mayor Marx inquired if there would be cooperation with the schools in terms of educating the students and Traffic Operations Manager Hudson indicated there would be an education component with the project. Public Comments Carolyn Smith, San Luis Obispo, voiced her concerns about the back up traffic on Royal Way. Dave Abrecht Los Osos Vanessa Amerson and Dan Rivorie of San Luis Obispo, spoke in support of the bicycle path. Councilmember Ashbaugh responded to Carolyn Smiths concerns about the bike path traffic back up on Royal Way. Traffic Operations Manager Hudson responded to concerns about the improvements which were being wrapped up. 1 City Council Meeting Page 5 Tuesday, April 10, 2012 Councilmember Carpenter voiced his. concerns with. the bike path in regards to the traffic. Councilmember Ashbaugh spoke of his concern with enough red curbing for the sight distance on Oceanaire and Los Osos Valley Road. Traffic Operations Manager Hudson responded that the City would look into adding a sight distance restriction to the project. Councilmember Carpenter questioned why there were two the bike lane paths. Traffic Operations Manager Hudson answered one path was primarily to serve the children coming back and forth and through the neighborhoods and the other was for more experienced riders. —end of public comments— ACTION: Moved by Ashbaugh /Carter to: 1) Approve plans and special provisions for "Los Osos Valley Road Multi -Use Pathway, Specification No. 90806. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bidder is within the Engineer's Estimate. 3) Reprogram $5,484.93 in approved Safe Routes to School grant funding to the project design account to support design costs. Roll call vote: 4:1. Motion carried. Carpenter Opposed. 2. NEIGHBORHOOD -WELLNESS UPDATE AND PROCEDURAL nmunity Development Director Johnson and Chief Building Official Girvin presented report and responded to Council questions. Councilmember Ashbaugh mentioned the Neighbor Services Manager was situated in Chief Gesell's office, which is now vacant. City Manager Lichtig responded there was an employee serving in duel rolls and the position would be reevaluated in the next four months, to determine whether or not the duel roll was working. Councilmember Carter discussed the timeline of enforcement of when fees are assessed. Council recessed at 9:10 p.m. and reconvened at 9:22 p.m. with all members present. Public Comments Donald Hedrick, San Luis Obispo, spoke his concerns with the appeal process. Michelle Tasseff, San Luis Obispo, spoke in support of staff recommendations. Steve Delmartini, San Luis Obispo, voiced his concerns regarding the lack of communications between the owner and tenant and the lack of discussion on bank owned or short sale properties. City Council Meeting Tuesday, April 10, 2012 Page 6 Carolyn Smith and Thomas Sleby of. San Luis Obispo, spoke in support of staff recommendations. Councilmember Ashbaugh asked staff about noise ordinance violations and Community Development Director Johnson responded that the administrative citation applied to the entire municipal code. Councilmember Ashbaugh also asked how the City was outreaching to property management companies.. Chief Building Official Girvin responded that an option could be to send notices with business licensing renewal notices. Councilmembers Smith and Carpenter expressed support of staff recommendations and the alternate fee proposal. Councilmember Carter indicated support in of proactive communication with business owners and staff recommendation and reduced fines. Councilmember Ashbaugh said he would support of staff recommendations and the use of the alternate fee proposal with no further reduction of the fee schedule. Mayor Marx said she would support staff recommendations and the use of the alternate fee proposal. Councilmember Carter mentioned his concerns with the use of other City employees being deputized, preferring department employees with. the proper training. ---end of public comments— Community Development Director Johnson clarified staff recommendation, correction to original attachment 6, subsection 2a, second line, "Section 17.17.075(2) should be Section 17.17.075(b)" and "Section 17.17.075(9) should be Section 17.17.075(i)n and in reference to Councilmember Ashbaugh's question about Exhibit A, he said that was the adopted administrative guidelines which are shown as Exhibit to Attachment 4, which would be approved when Council approves the Resolution. ACTION: Moved by Smith /Ashbaugh moved to approve amended staff recommendation with the alternative fine schedule: 1) Receive an update regarding the status of the Neighborhood Wellness Major City Goal; and 2) Adopt Amended Resolution No: 10347 (2012 Series), amending the Administrative Citation Guidelines to implement proactive code enforcement and reducing fines for specified violations; and 3) Adopt Ordinance No: 1576 (2012 Series), to amend Municipal Code Section 1.24 — Administrative Citations. Roll call vote: 5:0. Motion carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Mayor Marx spoke about the use of the new city logo on printed material. City Council Meeting Page 7 Tuesday, April 10, 2012 City Manager Lichtig indicated the adoption of the emblem was for the signage program, there were no guidelines for printed material in place. She added that she did not think there were prototypes for the emblem. She offered to find out the cost of having it done. City Manager Lichtig said staff was using it with certain items, such as new employee cards but no system was in place yet. Councilmember Ashbaugh reported that he attended a Water Resource Advisory Committee meeting, Cal Poly Arts Organization Spring Showcase, and Art In Public Places Committee. Councilmember Smith said she attended Alcohol Outlet Program at the Senior Center and Down Town Association meeting. Mayor Marx attended SLOCOG meeting and Performing Arts Center Board Meeting. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:17 p.m. Heather Goodwin Deputy City Clerk APPROVED BY COUNCIL: May 1, 2012 1