HomeMy WebLinkAbout05/15/2012MINUTES
SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 15, 2012
5:30 P.M. SPECIAL MEETING
7:00 P.M. REGULAR
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CALL TO ORDER: Mayor Jan Marx called the Special Meeting to order at 5:30
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 Sheryll Schroeder, Interim City
Clerk, were present at Roll Call.
CLOSED SESSION
City Attorney Dietrick announced the following Closed Session topics;
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
PROPERTY: APN 002 -421 -018
NEGOTIATING PARTIES:
City of San Luis Obispo: Katie Lichtig, J. Christine Dietrick, Claire Clark,
Michael Codron
ADDED:NEGOTATING PARTY: Quaglino Properties
NEGOTIATIONS: Request for exclusive negotiations
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
PROPERTY: San Luis Obispo Assessor Parcel Nos.: 073 - 381 -007;
073 - 381 -008; 073 - 381 -009; 073 - 381 -010; 073 - 381 -011,
and 073- 381 -012
AGENCY NEGOTIATORS: Neil Havlik, Natural Resources Manager
Michael Codron, Assistant City Manager
NEGOTIATING PARTIES: Darrell L. Twisselman (073- 381 -007; 073 - 381 -008)
Herbert Filipponi, Trustee (073- 381 -009;
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Tuesday, May 15, 2012
073- 381 -010)
Kenneth C. Twisselman (073- 381 -011; 073 - 381 -012)
UNDER NEGOTIATION: Price, area included, and terms and conditions
PUBLIC COMMENT ON CLOSED SESSION ITEM:
Mayor Marx called for public comments. None were forthcoming and the meeting
adjourned to the Closed Session.
All Council Members 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 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 that there were no reportable actions from Closed
Session.
INTRODUCTIONS
NEW HIRES — PUBLIC WORKS
Public Works Director Walter introduced two new hires for Public Works.
PRESENTATIONS
Mayor Marx presented Jay Walter, Public Works Director and David Hix, Deputy Director,
a proclamation for National Public Works Week May 20th — May 26th 2012.
PUBLIC COMMENT
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Tuesday, May 15, 2012
Trina Blanchette, San Luis Obispo, spoke about harassment of homeless persons and
their inability to pay the fines and she encouraged housing programs.
Jeanne Vimsom, San Luis Obispo, reiterated her past homeless experience, requested
that police stop issuing citations.
Don Hedrick, San Luis Obispo, requested on demand videos of Council meetings on the
website and spoke about homelessness.
Rebecca Townsend, San Luis Obispo, spoke on homelessness.
Paul Rys, San Luis Obispo, asked how items appear on agenda, adding that closed
session items should not be on the consent agenda.
Steve Barasch, San Luis Obispo, thanked staff for the Prado Road improvements.
Danny Braninburg, spoke about homeless people living in their vehicles and the need
for portable toilets.
Ronald C. Bolen, talked about the homeless situation.
Mary Beth Aquino, San Luis Obispo, said she was currently homeless and asked that
the City provide parking for homeless persons to park in one location.
CONSENT AGENDA
Don Hedrick, San Luis Obispo, Item C3, spoke about local creeks and clogged culverts
in his neighborhood.
Gary Fowler, San Luis Obispo, Item C2 said he disagreed with the removal of the
language from the complaint form. Regarding C8, he said he was against the
downtown parking structure and the change in Sunday parking was a vehicle to
generate funds to build a structure which he felt was not needed.
Steve Barasch, San Luis Obispo, Item C9, felt the closed session items pertaining to
employee mou's should not appear on the consent calendar, but should be under
business items. He added that the public did not know the short and long term
implications of the negotiations.
Leslie Halls, Item C9, said that no one knew what the conclusion was of the closed
session item regarding negotiations and that it should not be on the consent agenda.
1
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Tuesday, May 15, 2012
City Attorney Dietrick explained that negotiations were conducted in closed session to
preserve the City's bargaining position but the final action and material were presented in
open session and available.
Paul Rys, San Luis Obispo, C9, said no dollar amount was mentioned on the agenda
and the public needed to know the impact. He felt the public should have more than 3
minutes to speak on more than one Consent Calendar Item.
- --end of public comments - --
Council Member Ashbaugh pulled Item C1 and Council Member Carter and Smith pulled
Item C9 from the Consent Calendar.
ACTION: Council Member Ashbaugh /Carter to approve Consent Calendar Items C2,
C3, C4, C5, C6, C7, C8 and C10. Roll call vote: 5 -0. Motion carried.
C1. MINUTES OF APRIL 30.2012: AND MAY 1. 2012.
RECOMMENDATION: Waive oral reading and approve as presented.
Council Member Ashbaugh requested amendments to the May 1, 2012 Council Meeting
Minutes, page 5 "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." Also, he added the following
to the bottom of page 5, "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: Council Member Carter /Ashbaugh moved to approve the minutes, amending
May 1, 2012. Roll call vote: 5 -0. Motion carried.
C2. GRAND JURY RECOMMENDATIONS REGARDING CITIZEN COMPLAINT
FORMS.
RECOMMENDATION: Adopt the recommendations of the 2011 -2012 San Luis Obispo
County Grand Jury as follows; 1) Add the citizen complaint forms to the Police
Department website. 2) Remove "CA Penal Code 148.6 admonition" from the Police
Department citizen complaint forms.
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Tuesday, May 15, 2012
C3. SILT REMOVAL — VARIOUS LOCATIONS, SPECIFICATION NO. 91065.
RECOMMENDATION: 1) Approve plans and specifications for Silt Removal Various
Locations, Specification No. 91065. 2) Authorize staff to advertise for bids. 3) Authorize
the City Manager to award the contract if the lowest responsible bid is within the
Engineer's Estimate of $250,000. 4) Approve the transfer of $285,000 from the Master
Silt Removal account to the project account.
C4. ADDITION OF 1225 PISMO STREET TO THE MASTER LIST. OF HISTORIC
RESOURCES.
RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC),
adopt a Resolution No: 10361 (2012 Series) adding the property located at 1225 Pismo
Street to the Master List of Historic Resources.
C5. 2011 -12 AND 2012 -13 COST ALLOCATION PLANS.
RECOMMENDATION: Approve the 2011 -12 and 2012 -13 Cost Allocation Plans and
amend 2011 -12 reimbursement budgets in the appropriate funds.
C6. AUTHORIZATION TO PURCHASE A ONE -HALF ACRE _PROPERTY AT 0' /2
HIGUERA STREET FROM SAN LUIS CEMETERY ASSOCIATION.
RECOMMENDATION: Approve Resolution No: 10358 (2012 Series) authorizing staff to
finalize negotiations and purchase one -half acre of land at the western end of the South
Hills from the San Luis Cemetery Association for two thousand five hundred dollars
($2,500.00), and authorize the Mayor to sign the necessary documents to complete the
transaction.
C7. APPLICATION OF GOVERNMENT CODE SECTION 21221(q) FOR THE
RECOMMENDATION: Adopt Resolution No: 10359 (2012 Series) confirming the
applicability of Government Code section 21221(g) to the employment of Michael Roush
as interim Assistant City Attorney.
C8. ADOPTIO
TIMED PARKING TO INCLUDE SUNDAY.
RECOMMENDATION: Adopt Ordinance No. 1577 (2012 Series) amending Chapter
10.40.010 (Timed Parking) of the San Luis Obispo Municipal Code to make it consistent
with other sections of the Municipal Code already amended to include Sunday.
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Tuesday, May 15, 2012
C9. MEMORANDUM OF AGREEMENTS BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS'
ASSOCIATION AND THE SAN LUIS OBISPO BATTALION CHIEFS'
ASSOCIATION.
Monica Irons, Human Resources Director, provided the staff report and details of the
agreements.
Council Member Ashbaugh no the records supervisor would be eligible to receive a
3% salary increase which was contractually obligated as of January of this year.
Council Member Carter said he supported not having labor contracts on the Consent
Calendar, even though everything was on the website and available to the public. He
said he was the driving force getting binding arbitration repealed and that Council had
been using that tool in the negoiation processs. He said if the City successfully finalizes
negotiations with all entities, the Council will have saved the citizens 3.1 million dollars,
that within two years time, all employees will be paying their entire portion of PERS and
those already paying their share will have accepted_ a cut in wages. He reviewed various
provisions of the MO U.
Council Member Smith concurred with not having approval of MOU's on the Consent
Calendar. She indicated that she was not part of the original Council that passed the
budget and that she wanted greater cuts, adding she had a concern with the long term
fiscal health of the community She added she would not be supporting any of the
contracts, that she did not agree with the second tier pension benefits.
Council Member Carpenter agreed he preferred those type of items on business items
as opposed to Consent Items. He expressed appreciation to the employees many
consessions. He noted his responsibility to maintain fiscal sustainability and that was
why he did not think the City had come far enough on the second tier. He felt it was
premature to come to an agreement with the police staff officers before an agreement
with the police officer union, therefore he would not be supporting the agreements.
Council Member Ashbaugh explained that the negotiations were done in Closed
Session but all actions were taken to the open session with the material being available.
Mayor Marx thanked employees for coming to the table, saying she would support Item
C9, adding that this was the first time she could recall employees taking a salary
reduction. Mayor Marx announced that the City had reached approxiniatley 52% of the
targeted 3.1 million dollar in ongoing personnel cost reductions.
ACTION : Motion by Council Member Ashbaugh /Carter to approve the
recommendation on C9. Roll call vote: 3 -2 (Carpenter /Smith opposed). Motion carried.
RECOMMENDATION: 1) Approve the fourth amendment to the July 1, 2007 — June 30,
2012 Memorandum of Agreement between the City of San Luis Obispo and the San
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Tuesday, May 15, 2012
Luis Obispo Police Staff Officers' .Association. 2) Adopt Resolution No: 10360 (2012
Series) adopting and ratifying the Memorandum of Agreement between the City of San
Luis Obispo and the San Luis Obispo Police Staff Officers' Association (SLOPSOA) for
the period of July 1, 2012 through June 30, 2015. 3) Approve Letter of Agreement
between the City of San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs'
Association. 4) Approve first amendment to the January 1, 2012 — December 31, 2015
Memorandum of Agreement between the City of San Luis Obispo and the International
Association of Firefighters Local 3523 (Fire Union) correcting conflicting language.
C10. ACQUISITION /IMPLEMENTATION OF A UTILITIES /PUBLIC WORKS
COMPUTERIZED MAINTENANCE MANAGEMENT AND ASSET
RECOMMENDATION: 1) Approve the attached contract with Woolpert (Attachment 1)
for the acquisition and implementation of CityWorks, a computerized maintenance
management and asset management system ( "CMMS ") for water, wastewater,
stormwater, parks, open space, streets, and facilities; authorize the City Manager to
execute this contract. 2) Approve the project budget of $723,400. 3) Approve $292,300
in additional funding for this project: a) Authorize the use of $225,000 available in
completed capital project funding to pay for the increased costs for Utilities, water and
wastewater; b) Authorize the appropriation and use of $66,800 of available General
Fund funding from Equipment Replacement Fund balance to pay for the parks, streets,
and facilities share of the contract. 4) Authorize a purchase order to NexLevel in the
amount of $35,000 for assistance with integration with City software and business
systems.
PUBLIC HEARINGS
PH1. REVIEW OF ALCOHOL OUTLET STRATEGIES — EN
REGULATIONS TO IMPROVE PUBLIC SAFETY (R/T
Community Development Director Johnson, Deputy Community Development Director
Davidson, and Doug Davidson presented the staff report and responded to Council
comments.
Mayor Marx asked if the Safe Night Life Association or the Downtown Association would
make recommendations to the administrative hearing officer on establishments not
located in the downtown area. She asked if either association would be making a
determination.
Deputy Director Davidson responded, no they would not, the associations would only be
providing information for the hearing officer to consider.
Council Member Ashbaugh, referring to a process flow chart, asked if there would be
notices to neighbors.
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Tuesday, May 15, 2012
Deputy Director Davidson answered that they had a process in place and notice would
go to adjacent property owners, any decision could be appealed to the Planning
Commissin, then appeal onto the Council.
Mayor Marx opened the public hearing.
Deborah Cash, Downtown Association, said the Board of Directors voted unanimously
to support the staff recommendation with an additon that the City include a review of the
ordinance within one year of implementation. She said the Safe Night Life Committee
(SNL) wanted to know the qualifications of the hearing officer.
Andrea Miller, Chair of the SNL Committee, explained the functions of the committee
and the recent activities.
Steve Tolley, Arroyo Grande, Coordinator for SNL, said he hoped the ordinance would
not have to be used. He said the Downtown Association and SNL wanted to be a part
of the problem solving. He added that he felt there were some vague areas in the
ordinance but with a review in a year would work through it.
Jody Frey, San Luis Obispo, explained there were still problems downtown. She said
she did not know of problems at the liquor stores and spoke about adopting too many
ordinances.
Sandra Rowley, San Luis Obispo, Residents For Quality Neighborhoods, said the group
supported staffs recommendation as a good beginning. She said the group wondered
if 11:00 P.M. was too late to determine if an establishment had morphed into a bar. She
added that once the program had been implemented, they requested the attention be
directed outwards toward the neighborhoods with workshops to find solutions for alcohol
related problems.
Hearing no further testimony, Mayor Marx closed the public hearing.
At 9:10 P.M., the Council took a break and at 9:20 P.M., all Council Members returned
to the dais.
Council Member Ashbaugh asked staff about a one year review and staff replied that
they would support bringing it back for review.
Council Member Smith said she supported the Downtown Association's request for a
one year review.
Council Member Carpenter commended SNL for their proactive approach and that
patrons needed to take responsibility for their actions. He added that he did not want to
overburden businesses.
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Tuesday, May 15, 2012
Council Member Carter said he appreciated everyone's efforts, supported a one year
review, felt the language was general in nature, but was personally not comfortable
codifying the involvement of the Downtown Association and SNL. He clarified that he
would be equally uncomfortable codifying any organization, he had no problem with
noticing the groups and anyone adding input to the hearing process.
Council Member Ashbaugh asked if an existing restaurant without an existing use
permit, but had an ABC license, begins late night service, due to change of use, would
they have to get a change of use permit.
Deputy Community Development Director Davidson responded yes, they would.
Council Member Ashbaugh said he felt the involvement of the Downtown Association
was a useful experiment but shared Council Member Carter's concern.
Mayor Marx expressed her support for the proposed ordinance, supported the one year
review, and shared .Council Member Carter's discomfort involving Downtown
Association or the SNL Association in the ordinance. She said she felt it was great if
they wanted to attend the hearings and should definitely receive notification.
Council Member Smith said she felt one of the strengths of the ordinance was the
inclusiveness. She said they should keep that step in and after a year if it was a
problem, it could be removed.
Council Member Smith /Carpenter moved that Council accept the recommendation of
staff, adding the one year review provision.
Council Member Ashbaugh said he would support the first four parts of the
recommendation but shared Council Member Carter and Mayor Marx's concern and
said he wished to direct staff to return the ordinance omitting the formal role of the
Downtown Association.
Council Member Carpenter mentioned that the City did not have peer review in any
other part of city and it was a good thing that a volunteer group wanted to have review.
The people involved in the businesses understood the challenges of the business that
might be going through the review. He supported them having their own review as a
recommendation.
Council Member Ashbaugh said instead of omitting the Downtown Association, maybe
the City should require notice to neighborhoods or merchant association.
Council Member Carter called for the question.
Roll call vote: 2 ayes (Council Members Carpenter, Smith), 3 noes (Council Members
Ashbaugh, Carter, Mayor Marx). Motion defeated.
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Tuesday, May 15, 2012
Community Development Director Johnson suggested omitting the first 9 lines of
Section 17.11.040, Subsection D, which would omit reference to the Downtown
Association. He felt Council could add, by motion, that staff notify the Downtown
Association prior to holding an administrative hearing. He felt it did not need to be a
part of the ordinance.
ACTION: Motion by Council Member Carter /Ashbaugh to: approve as recommended by
the Planning Commission, introduce by title only, an amended Ordinance No: 1578
(2012 Series) to adopt amendments to the City's Zoning Regulations (Municipal Code
Title 17) to address public safety problems associated with alcohol outlets, adding a one
year review, removing the first 9 sentences from Section 17.11.040, Subsection D, and
noticing to the Downtown Association of administrative hearings.
City Attorney Dietrick suggested. returning a portion of the deleted sentence, "D.
Procedure for consideration of violations to performance standards. Upon
receiving a complaint from the public, Police Department, or any other interested party
that a Deemed Approved Activity is in violation of the performance standards of Section
17.11.030.C, and once it is determined by the city that violations appear to be occurring,
and then an administrative hearing shall be scheduled." The next sentence would begin
"The purpose of the —2. Council Member Carter amended his motion to change
Section 17.11.040, Subsection D to read as above, Council Member Ashbaugh was in
agreement with that amendment to the motion.
Council Member Carpenter clarified that he would not vote against it, but felt it was
important to have the peer review.
Roll call vote: 4 -1 (Smith opposed). Motion Carried
PI-12. MUNICIPAL CODE AMENDMENTS UPDATI
Community Development Director Johnson and Associate Planner Leveille presented
the staff report and responded to Council comments.
Council Member Carpenter questioned when staff was using the removal in 72 hours
what kind of discretion was being used, was it complaint driven.
Associate Planner Leveille said the removal of the 72 hours was that many of the
property maintenance standards under the current regulations, 72 hours have to elapse
before it was a violation. He said the discretion provides for certain reasonable
activities such as short term construction, items placed out for pickup by Goodwill, and
people in the process of moving.
Council Member Ashbaugh, referring to the diagram with a single car garage, noted that
the property owner would need to have five feet between the property line and the
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Tuesday, May 15, 2012
driveway. He clarified that it was a more lenient standard than what was currently
applied.
Associate Planner Leveille agreed.
Council Member Smith inquired if the property owner needed to get a permit for the pad.
Associate Planner Leveille responded they would need a construction permit.
She asked if property owners currently with pads and double car garages, would they
have to remove them.
Associate Planner said the paving would not have to be removed if it was otherwise
compliant with the front yard paving regulations. He said the staff would review them on
a case by case basis.
Mayor Marx opened the public hearing.
John Sherry, San Luis Obispo, felt the parking of multiple cars in driveways was driven by
student rentals and he said he supported the proposed ordinance. He expressed hope
that it would bring a behavioral change.
Josh'Friedman, San Luis Obispo, felt this was an attack on cars and private property
rights and encouraged Council to reject the ordinance.
Sandra Rowley, San Luis Obispo, referred to the RQM letter submitted to Council, said
she hoped Council would approve staffs recommendation with the exception of an
additional pad for homes with a single car garage.
Hearing no further testimony, Mayor Marx closed the public hearing.
Council Members Carter and Ashbaugh said they would support the ordinance, Council
Member Ashbaugh noting he was uncomfortable regarding the pad applying to single
car garage driveways.
Council Member Carpenter noted he struggled with the fairness issue, either the City
allowed a pad for a single car and double car or not for either. He felt it was
discriminatory to allow one and not the other.
Council Member Smith stated she would support the ordinance, but reluctlenly.
Mayor Marx said she did not support the exception for single car garage homes, that .
she did not think it was fair for an exception for the single car homes. She finalized by
saying she would support the ordinance.
L
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Tuesday, May 15, 2012
ACTION: Motion by Carter /seconded by Ashbaugh for discussion purposes to: as
recommended by the Planning Commission, introduce by title only, an Ordinance No:
1579 (2012 Series) to adopt the proposed amendments to the Municipal Code
amending front yard parking regulations and removing the 72 -hour timeframe for
property maintenance standards violations.
Council Member Ashbaugh said the exception for the single car garage would likely to
be applied only in relatively few cases. He felt it should be consistent between single
and two car garages, which would be used in more circumstances.
Roll Call Vote: 4 -1 (Carpenter opposed) Motion Carried.
COUNCIL LIAISON REPORTS AND COMMUNICATIONS
Council Member Carter noted he attended the California Economic Summit in Santa
Clara on Friday and he announced the death of Jean Anderson who served on the
Bicycle Committee.
Council Member Ashbaugh said he attended a meeting of the Integrated Waste
Management Authority Last Wednesday. He added that Transitions Mental Health
Association was working with the County on a new proposal about the possibility of
converting the Sunny Acres facility into a residential care facility.
Council Member Carpenter commended staff on the new ipads, stating he would no
longer desire a paper packet.
Mayor Marx said she attended the dedication of French Hospital Women's Health Center,
entrepreneurship forum at CalPoly, announced May 16, 2012 at-the Monday Club there
would be a public workshop hosted by the land use and circulation task force element
update and May 22nd, a community forum on Measure Y at the City /County library.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Marx adjourned
the meeting at 10:36 p.m.
Sheryll 9chroedeir, Interim City Clerk
APPROVED BY COUNCIL: June 5, 2012