HomeMy WebLinkAbout05/01/2012MINUTES .
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 1, 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 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 REPORT
City Attorney Dietrick announced the following actions from the April 30, 2012 special
meeting held at 2:30 P.M. for the following:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Rick Bolanos, Monica Irons, Katie Lichtig, Michael Codron,
Christine Dietrick, Andrea Visveshwara, Greg Zocher, Charles Bourbeau
Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA),
San Luis Obispo Police Officers' Association (POA)
She reported that direction was given to the negotiators but no further action was taken.
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Government Code § 54956.9
San Luis Obispo Utility Service Employees Association v. City of San Luis Obispo
Public Employment Relations Board, Unfair Practice Charge No. LA -CE -764 -M
Regarding the conference with legal counsel, Unfair Practice Charge No. LA -CE- 76.4 =M,
Council authorized defense of that action, retention of counsel with Liebert, Cassidy and
Whitmore and authorized the City Manager execute contract amendments and allocate
funding to support the defense.
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Tuesday, May 1, 2012
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Government Code § 54956.9
SLO Homeless Alliance v. City of San Luis Obispo
San Luis Obispo Superior Court Case No. CV 120204
Regarding the conference with legal counsel for existing litigation, SLO Homeless
Alliance, Council directed the further defense of that action, no other reportable action.
INTRODUCTIONS
NEW HIRES — COMMUNITY DEVELOPMENT — (JOHNSON /GIRVIN — 5 MINUTES)
Community Development Director Johnson introduced Ben Ross.
PRESENTATIONS
Mayor Marx presented Sheryll Schroeder, interim City Clerk, a proclamation for IIMC
Municipal Clerks Week.
Mayor Marx presented Joe Carotenuti, volunteer historian, with a proclamation
celebrating the 60T" Anniversary of City Hall.
PUBLIC COMMENT (Items not on the agenda).
John Spatafore, San Luis Obispo, spoke about the impact of unwanted vehicles parked
on City streets.
Bob Neal, San Luis Obispo, spoke about traffic and safety issues with the trailhead at
Bishop's Peak. He cited there was still no parking district as requested and expressed
concern with a delay.
David Akey, Los Osos, encouraged Council to support AB 1648, campaign disclosure
regulations.
Matthew Strzepek, San Luis Obispo, spoke about being homeless and being harassed
by police. He encouraged the City not to enforce the current ordinance.
Dr. Steve Hansen, San Luis Obispo, thanked Council for their support of Item C5,
Proposition 29.
Andrea Miller, San Luis Obispo business owner, spoke about transient problems in the
downtown area.
Don Hedrick, San Luis Obispo, spoke about local government and homelessness.
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Tuesday, May 1, 2012
Kevin Rice, San Luis Obispo, commented on his approval of the roll call vote process
and his support of two Council meetings a month.
Deborah Cash, Executive Director Downtown Association, said the members of the
Association have been reporting transient behavior problems.
- -end of public comments - --
CONSENT AGENDA
Public Comments
Kevin Rice, Josh Friedman and Gary Fowler spoke in opposition to Prop. 29, Item C5.
- --end of public comments - --
ACTION: Moved by Ashbaugh /Carter to: approve the Consent Calendar, Items C2 to C5.
Roll call vote: 5 -0. Motion carried. Mayor Marx pulled the Council minutes of April 10,
2012, Item C1.
C1. MINUTES OF MARCH 23,2012; APRIL 1
(CODRON /SCHROEDER)
RECOMMENDATION: Waive oral reading and approve as presented.
2.
Regarding April 10, 2012 minutes, Mayor Marx wished to move Eric Meyer's remarks
regarding parcels for a future bike path, the City Attorney's response and consensus to
authorize a support letter to page 3 of the minutes, under Public Comment. Council
Member Ashbaugh expressed his desire to leave the verbiage where it occurred.
ACTION: Motion by Carter /Smith to approve the April 10, 2012 minutes as amended.
Roll call vote: 5 -0. Motion carried.
C2. JOHNSON, SOUTHWOOD AND VETERANS HALL (VETS) S
(WALTER /GUZMAN)
RECOMMENDATION: 1) Approve Plans and Specifications for the Johnson, Southwood,
and Vets Sewer Liner Project, Specification No. 91052. 2) Authorize staff to advertise for
bids and authorize the City Manager to award the contract if the lowest responsible bid for
the Johnson, Southwood, and Vets Sewer Liner Project is within the Engineer's Estimate
of $268,000.
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Tuesday, May 1, 2012
C3. LAGUNA LIFT STATION REPLACEMENT — EQUIPMENT PURCHASE.
(MATTI NG LY /M ETZ)
RECOMMENDATION: Authorize the sole source purchase of pumps, prefabricated wet
well with pre- rotated pump basins, and associated equipment from Flo Systems in the
amount of $345,000 to expedite the replacement of the Laguna lift station and authorize
the City Manager to execute all documents related to this purchase.
C4.
CODE (ADMINISTRATIVE CITATI(
(JOHNSON /CRUCE)
RECOMMENDATION: Adopt Ordinance No: 1576 (2012 Series) amending Chapter
1.24 of the Municipal Code.
C5.
RESEARCH ACT. (DIETRICK)
RECOMMENDATION: Adopt Resolution No: 10353 (2012 Series) supporting California
State Proposition 29, the California Cancer Research Act.
---------------------- - ------------------ ---- - ---
BUSINESS ITEM
B1. CONSIDERATION OF PARKING RESTRICTIONS TO ADDRESS ADVERSE
I 91VA
Police Chief Gesell, Parking Manager Horch, City Attorney Dietrick, and Community
Development Director Johnson presented the staff report and responded to Council
comments.
Public Comments
Erik Justesen, San Luis Obispo, expressed concern with increasing overnight parking and
people sleeping in vehicles.
John Hunter, San Luis Obispo, noted seeing new people every day, more garbage,
broken vehicles and that current parking at the homeless shelter was not sufficient. He
encourged the City to continue enforcing the laws.
Courtney Kienow, Chamber of Commerce, expressed support of the staff
recommendation and encouraged the City to explore a solution to the growing problem.
Darrell Kapsch, homeless, said the shelter was over crowded, there were only 5 parking
places at Prado, so people turn to their vehicles for sleeping.
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Susan Whalen, San Luis Obispo, explained concern with the increase in overnight
campers on Hine Lane. There had been thefts, property damage, illegal dumping and
suspecious vehicles in the parking lot.
Kevin Rice, SanLuis Obispo, said he wished to see both sides of issue solved, possibly
draft an ordinance to allow parking within so many feet of a persons' registered address..
Don Hedrick, San Luis Obispo, said he did not want the solution to be legislated.
Robert Watts, homeless, explained he had his ry removed.
Brenna Fluitt, transitional housing, told about living in her car.
Sandra Rowley said she agreed with Mr. Rice that there were differnet issues and should
be treated differently.
—end of public comments
Council Member Ashbaugh suggested that the staff separate their recommendation as
shown on their powerpoint slide into two parts, to conform to the written staff reort; the
Council concurred. He moved to adopt both items 1 and 2, motion died for lack of
second. He clarified that the parking regulations under the vehicle code are
strenghtened, enforcement is directed toward problems that result from parking and
storage of vehicles on public streets. He added he wanted staff to address the issue of
the occupancy and use of vehicles for sleeping separately.
Council Member Smith felt the City was looking at long term and short term actions as
solutions. Regarding parking districts that might be shelved, she said she wished to avoid
that.
Mayor Marx she she wished to see staff explore the issue, return to Council with
recommendations that were neutral as to occupied or not occupied, parking and vehicle
code enforcement.
Council Member Carter noted the City had a zoning ordinance regarding living and
sleeping in recreation vehicles, although difficult to enforce. The proposed ordinance
would be simpler to enforce. He said he did not wish to see delay in the parking districts
that have already been filed.
Council Member Carpenter said he was in favor of continued enforcement. Regarding
parking districts, he said he thought Highland Drive was a unique situation, he did not
think a parking district would solve the problem but should not be tied to the current
discussion.
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Tuesday, May 1, 2012
Council Member Ashbaugh stated his concern for the Bishops Peak trailhead, that there
was a possibility that he would be recused from any discussion of the Highland Drive
parking district, depending on how the boundaries were drawn, consequently he declined
comment on the matter.
ACTION: Motion by Mayor Marx/Ashbaugh to approve staff recommendation no. 1,
"direct staff to develop amendments to the Municipal Code to improve parking
enforcement regulations to complement existing parking and zoning regulations ". Roll
call vote: 5 -0. Motion carried.
Council discussed staff slide 9 regarding permit parking.
Mayor Marx asked that when staff returns with recommendations, they present
alternatives where possible and look at ordinances adopted in other communities that
have been tested.
Council Member Ashbaugh noted he was not in favor of a total ban of recreation vehicles.
Council Member Carpenter said he felt there were enough regulations in place and that
staff should enforced them.
City Attorney Dietrick asked for clarification if Council was interested in regulations that
addressed the occupancy of vehicles but not necessarily for the regulation of parking.
Council responded that was not the case.
ACTION: Motionby Council Member Smith /Ashbaugh to approve staff recommendation
no. 2, "address the adverse impacts of long term parking and storage of large vehicles
and use of vehicles as housing on public street and property.
Police Chief Gesell requested clarification on the permitting process on neighborhoods,
which was agreed upon. Council Member Ashbaugh felt the same enforcement should
be for businesses also.
City Manager Lichtig.clarified the Council consensus of parking districts moving forward
and asked if there was consensus on delaying the Palm /Nipomo parking garage. She
noted that parking districts currently submitted would not be delayed, but there was a
potential that future ones may not get immediate attention during this analysis period.
Council Member Ashbaugh called for the question. Roll call vote: 5 -0. Motion carried.
COUNCIL LIAISON REPORTS AND COMMUNICATIONS
Council Member Ashbaugh mentioned the recent marathon and Arbor Day celebrations.
City Council Meeting
Tuesday, May 1, 2012
Page 7
Council Member Carpenter inquired if Council could re -visit the 3 meetings per month
issue while addressing Council Policies and Procedures at the next meeting.
gly Attorney Dietrick responded the 3 meetings per month was on the agenda for
discussion next week, that three Council Members had individually requested it.
Council Member Carpenter explained the other item he wished to discuss was the
benefits and drawbacks of having town hall meetings once a quarter.
Cif Attorney Dietrick answered that she thought it could fall under the agendized item of
policies and procedures.
Council Member Ashbaugh said the 3 meeting issue was just brought up due to three
Council Members independently approaching staff to re -visit the item. He felt a new topic
of town hall meetings was much larger issue.
City Attorney Dietrick explained the agenda item for the next meeting was proposed
amendments to the Council Policy and Procedure Manual, three initial issues were: the
roll call vote, mail handling, and confidentially policy. Subsequently, she informed, staff
heard._independently from three Council Members to re -visit the regular meeting
schedule, which the Brown act allowed.
Regarding Assembly Billl 1648, Council Member Ashbaugh urged Council to consider
placing this on the next agenda in that there was a May 5 hearing on the item.
City Attorney Dietrick indicated that the item was not on the City's legislative platform.
Consensus was to amend the May 8, 2012 agenda to add discussion of AB 1648.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 9:30 p.m.
Sheryll Sc roeder,
Interim City Clerk
APPROVED BY COUNCIL: May 15, 2012