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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.
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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
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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 - --
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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.
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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.
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Tuesday, April 10, 2012
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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.
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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
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