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HomeMy WebLinkAbout05/08/2012D r MINUTES . REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 8, 2012 - 5:45 P.M. SPECIAL MEETING 7:00 P.M. REGULAR MEETING COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA CALL TO ORDER: Mayor Jan Marx called the Special Meeting to order at 5:45 P.M. ROLL CALL: 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. City Attorney Dietrick announced the following Closed Session topics. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(1) and (b)(2) One (1) potential action against the City related to a dispute regarding fee assessments and Prado Road reimbursements pursuant to project conditions and agreements of the MD2 project PUBLIC COMMENT ON CLOSED SESSION ITEMS: City Attorney Dietdck called for public comments on the closed session items and hearing none, recessed to closed session. 7:00 P.M. REGULAR MEETING CALL TO ORDER: Mayor Jan Marx called the regular meeting to order. ROLL CALL: 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, City Council Meeting Page 2 Tuesday, May 8, 2012 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 May 8, 2012 special meeting held at 5:45 P.M. for the following: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(1) and (b)(2) One (1) potential action against the City related to a. dispute regarding fee assessments and Prado Road reimbursements pursuant to project conditions and agreements of the MD2 project. She reported that Council did vote 470, with Council Member Smith recused due to conflict of interest related to the proximity of her residence to the area under discussion. She noted there were existing facts and circumstances that constituted significant exposure to litigation, thereafter Council considered the facts, no reportable action taken. PLEDGE OF ALLEGIANCE The Pledge was provided by Mayor Pro Tern Carpenter. PRESENTATIONS PROCLAMATION — KVEC - 75 YEARS. Mayor Marx presented King Harris with the Proclamation PUBLIC COMMENT (Items not on the agenda). Rodger Maggio, San Luis Obispo, announced Wildfire Awareness Week, May 6 -12. Gary Fowler, San Luis Obispo, spoke in opposition to the purchase of open space from the general fund. Heather Cavdill, San Luis Obispo, spoke about the upcoming Relay for Life race. Don Hedrick, San Luis Obispo, spoke on transparency of government. Lacy Fortman, Morrow Bay, spoke about homeless sleeping in vehicles, asking to end police actions. Jim Griffin, San Luis Obispo, talked about stopping harassment by police of homeless persons and the need for a designated street for overnight parking. 1 J City Council Meeting Tuesday, May 8, 2012 Page 3 Rebecca Townsend, San Luis Obispo, requested the City allow street parking for the homeless and that homeless persons could not pay the fines being levied. Steve Barasch, San Luis Obispo, spoke on the public works paving project on Prado Road, adding that he felt contractors could produce more than 10 feet a day. Regarding the street hole on Leff Street, he said there was now a barricade around the hole and progress was being made. --end of public comments— CONSENT AGENDA ACTION: Moved by Ashbaugh /Carter to approve the Consent Calendar, Items C1 to C4. Roll call vote: 5 -0. Motion carried. C1. RESPONSE TO 2012 GRAND JURY REPORT ON VACATI LEAVE ACCUMULATION PAY. (BOURBEAU /IRONS /MALICOAT) RECOMMENDATION: Direct the City Manager to submit the letter of response to the report on behalf of the City Council, as required by the Grand Jury. C2. FY 2012 Edward Byrne Memc application. (GESELUELLSWORTH) RECOMMENDATION: 1) Authorize staff to submit an application for a 2012 Edward Byrne Memorial Justice Assistance Grant in the amount of $10,278 to fund police safety equipment. 2) If the grant is awarded, authorize the City Manager to execute necessary grant documents. C3. CLAIMS DELEGATION TO CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. (DIETRICK/ZOCHER) RECOMMENDATION: Adopt Resolution No: 10357 (2012 Series) delegating all responsibility for handling claims to California Joint Powers Insurance Authority (Authority). C4. SUNDAY. (WALTE �IPAL CODE EXP DEVILLE) NG) OF RECOMMENDATION: Introduce Ordinance No: 1577 (2012 Series) amending Chapter 10.40.010 (Timed Parking) of the San Luis Obispo Municipal Code to reference other pertinent sections of the Municipal Code already amended to include Sunday parking. City Council Meeting Page 4 Tuesday, May 8, 2012 BUSINESS ITEMS B1. COUNCIL POLICIES AND PROCEDURES. AMENDMENTS AND ADDITIONS REGARDING VOTING PROCEDURES, COUNCIL MAIL HANDLING POLICY, REGULAR MEETING DATES, AND CONFIDENTIAL INFORMATION. City Attorney Dietrick presented the staff report. Council Member Ashbaugh voiced his opposition to some of the changes. He questioned the last three words in the proposed amendment to Section 1.3.6.6 "unless legally required ", asking when an abstention would be recorded as an abstention. City Attorney Dietrick responded when a Council Member would recuse themself due to a conflict of interest. Regarding the mail handling procedures, Section 5.5.2.2 should be 5.5.2.1 and Council Member Ashbaugh recommend a grammar change and City Attorney Dietrick agreed to change the wording to "shall be copied ". Council Member Ashbaugh voiced his concern regarding the Council confidentially policy, relating to the provision of public censure, Section 7.2, second sentence noted that the proceedings would be conducted in accordance with a process established by Council and he asked if there was such a process. City Attorney Dietrick answered no. Public Comments Courtney Kienow, Chamber of Commerce, explained that with three meetings a month, it was difficult to monitor and appear at the meetings. Steve Barasch, San Luis Obispo, said the roll call vote was working and regarding the mail policy, he recommend each member be given the flexibility to open their own mail, and that he concurred with the confidentially policy. He stated two meetings a month worked for years. Don Hedrick, San Luis Obispo, recommended two meetings a month but five minutes for speakers. Josh Friedman and Jody Frey, both of San Luis Obispo, agreed roll call voting was working and two meetings a month would be sufficient. - - -end of public comments— Council Member Ashbaugh said he did not think the roll call voting procedure was necessary. He recommended the following changes to 1.3.6.6., add the word "present" to additional Council members "present" and Mayor last, "if applicable ". Mayor Marx City Council Meeting Tuesday, May 8, 2012 Page 5 asked the Clerk if the suggested language was necessary and she responded that she did not feel it was. Council Member Carpenter and Smith noted they were supportive of the first three items, as written. Council Member Carter expressed his support of the mail handling process. Council Member Ashbaugh noted that each Council Member knew that no matter how mail is marked, everything was a public document. Mayor Marx asked City Attorney Dietrick if the proposed mail handling policy met the Brown Act and she responded that it met the public records act, this was language she had drafted and recommended for adoption. Council Member Carter proposed the following amendments to 7.1.1, 6th line, - -- diminishing City staff's add "and other Council members" willingness ---. Also on 7.3.2.1, end of the first sentence, add "by City staff, consultants or Council members ". Council Member Ashbaugh felt the process by Council for public censure should be completed first. Mayor Marx added the process could return at future meeting and the City Attorney said she could bring a separate resolution forward and would appreciate Council's feedback on how they would like that to proceed. ACTION: Motion by Carter /Smith to 1) Adopt Resolution No. 10354 (2012 Series). a) Amending Council Policies and Procedures Section 1.3.6.6 — Voting Procedures- to require a roll call (voice) vote to be taken for each Council action. b) Adding Section 5.5 — Council Mail Handling Policy- to the Council's Policies and Procedures Manual. c) Adding Chapter 7 - Council Confidentiality Policy- to the Council's Policies and Procedures Manual, with Council Member Carter's amendments. Roll call vote was 4 -1 (Ashbaugh opposed). Motion carried. Council Member Ashbaugh clarified he supported the third item, saying that was the only thing that concerned him about that item, had that been itemized separately, he would have voted in favor of it as is. He said he was fundamentally opposed to the first two items. Regarding the process for censure, Mayor Marx said the only City she was aware of that had a censure policy was Pismo Beach and asked the City Attorney to research other cities. 2) Review the effectiveness of three regular Council meetings per month and provide direction to staff regarding regular meeting dates. Council Member Carpenter gave the history of the change to three meetings per month. City Council Meeting Tuesday, May 8, 2012 Page 6 Council Member Smith felt two meetings with an earlier start time was more efficient and would still allow public input. Mayor Marx asked the City Clerk if the three meetings impacted staff and the City Clerk responded that it was an impact and additional cost. Mayor Marx suggested a start time at 6:00 P.M. and two meetings a month with Closed Sessions prior to the regular meeting, adding that the Council was flexible to add meetings when they are needed. ACTION: Motion by Carpenter /Smith to revise the ordinance to two meetings per month, 1 st and 3rd Tuesday, beginning at 6:00 P.M. Roll call vote: 4 -1 (Ashbaugh opposed). Motion carried. Council Member Carpenter suggested town hall meetings once a quarter, held at different locations, allowing the public to dialog with Council in an informal setting. Council Member Smith and Carter said that town hall meetings had merit. Council Member Ashbaugh mentioned that he did not see how it differed from regular Council meetings but that he would participate in the process. Mayor Marx suggested that the item be agendized after looking at other models and the consensus was to work with staff and bring it forward to another agenda. City Manager Lichtig asked if the July 3rd meeting could be moved to the 2nd , Tuesday, which would be July 10th. She explained there were no items scheduled for July 3rd, but items were scheduled for the 10th and 17th. It was the consensus of Council to return to the next meeting with a revised calendar. AND 133. C. Finance Director Bourbeau presented the staff report and responded to questions from the Board of the Capital Improvement Board and jointly to the City Council. Public Comments None. ACTION: Motion by Board Member 1) Motion by Board Member Ashbaugh /Smith to elect officers for the Capital Improvement Board, President Marx and Vice President Carpenter. Roll call vote: 5 -0. Motion carried. �J City Council Meeting Tuesday, May 8, 2012 Page 7 ACTION: Motion by Board Member Carter /Ashbaugh to approve minutes of meeting held on March 3, 2009 and July 20, 2010. Roll call vote: 5 -0. Motion carried. ACTION: Motion by Board Member Carter /Smith to adopt amended Resolution No: 10355 (2012 Series)authorizing the issuance of 2012 Refunding Lease Revenue Bonds to refinance the 2001 Lease Revenue Refunding Bonds, Series C. Roll call vote: 5 -0. Motion carried. President Marx adjourned the Capital Improvement Board meeting. ACTION: Motion by Council Member Carter /Carpenter to adopt amended Resolution No: 10356 (2012 Series) approving refinancing of 2001 Lease Revenue Refunding Bonds, Series C. Roll call vote: 5 -0. Motion carried. B4. CONSIDER TAKING A POSITION REGARDING ASSEMBLY BILL 1648, POLITICAL REFORM ACT OF 1974: ADVERTISEMENTS: DISCLOSURE. City Manager Lichtig presented the report. Mayor Marx presented additional information she gained from the intemet regarding the pending bill. Public Comments Don Don Hedrick, San Luis Obispo, spoke about campaign advertising. David Akey, San Luis Obispo, said he supported the amedment to the polical reform act. Malcolm McEwen, San Luis Obispo, encouraged Council to support the bill. —end of public comments - -- Council Member Ashbaugh noted the number of Council Correspondence received, all in support of the bill. Council Member Carter said he would support the position but cautioned Council considering numerous items like this. Mayor Marx mentioned the League had not taken a position on this bill and it was not included in the City's legislative platform. ACTION: Motion by Ashbaugh /Smith to support Assembly Bill 1648, which would amend the Political Reform Act of 1974 concerning advertisement disclosures. Roll call vote: 5- 0. Motion carried. It was the consensus of Council that Mayor Marx would send a letter of support. City Council Meeting Tuesday, May 8, 2012 Page 8 At this time, Council took a. break and at 9:25 p.m., all Council Members returned to the Chambers. STUDY SESSION S1. Transit Service Session. Public Works Director Walter, John Webster, Traffic Manager, and Tim Bochum presented the report and responded to questions. Public Comments Don Hedrick, San Luis Obispo, and Jody Fry, San Luis Obispo, spoke on transit issues. Elizabeth Thyne, Member of the Traffic Advisory Commission, spoke on the outreach which would bring more riders. - - -end of public comments - -- COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Ashbaugh said he attended a forum chaired by Supervisor Adam Hill, attended when PG & E presented a check at Prado Day Center. He reported he attended the Special Olympics and the Downtown Association board meeting. Council Member Smith reported attending a meeting where a judge from Santa Clara County presented "Law and Disorders ". She also attended the Downtown Association meeting regarding alcohol issues. Mayor Marx mentioned she attended SCLC on the 19th, on the 20th she spoke to the Foundation for Performing Arts, on the 21 st Arbor Day celebrations, on the 22nd, the marathon, the 26th she attended the Economic Development Workshop, on the 27th Channel Island meeting at Santa Barbara, the 28th sexual assault training, RTA meeting on the 2nd of May, attended Adam Hill's meeting and on May 4th, the Mayor's meeting, There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:14 p.m. 956-iyli Sc roeder, Interim City Clerk APPROVED BY COUNCIL: June 5, 2012