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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; City Council Meeting Page 2 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 City Council Meeting Page 3 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 City Council Meeting Page 4 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. City Council Meeting Page 5 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. City Council Meeting Page 6 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 City Council Meeting Page 7. 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. City Council Meeting Page 8 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. City Council Meeting Page 9 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. City Council Meeting Page 10 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 City Council Meeting Page 11 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 City Council Meeting Page 12 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