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HomeMy WebLinkAbout06/05/2012MINUTES SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 5, 2012 5:00 P.M. SPECIAL MEETING 7:00 P.M. REGULAR 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. CLOSED SESSION City Attorney Dietrick announced the following Closed Session topics; CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Rick Bolanos, Monica Irons, Katie Lichtig, Michael Codron, Christine Dietrick, Greg Zocher, Charles Bourbeau Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA) San Luis Obispo Police Officers' Association (POA) CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 San Luis Obispo Police Officers Association v. City of San Luis Obispo Public Employment Relations Board, Case No. LA -CE -729 -M PUBLIC COMMENT ON CLOSED SESSION ITEMS: Mayor Marx called for public comments. None were heard and the Council recessed to the Closed Session. Closed Session adjourned at 6:05 p.m. City Council Meeting Minutes Page 2 June 5, 2012 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. PLEDGE OF ALLEGIANCE The Pledge was provided by Council Member Smith. CLOSED-SESSION REPORT City Attorney Dietrick announced that there were no reportable actions from either Closed Session items. PRESENTATIONS Mayor Marx introduced Colleen Martin from San Luis Obispo High School who announced student's names and presented certificates for their community service. PUBLIC COMMENT (Items not on the agenda) Don Hedrick, San Luis Obispo, spoke on transparency in government. Lacy Fortman, Morrow Bay, spoke regarding homelessness. Trina Blanchette, San Luis Obispo, urged police to stop ticketing the homeless. Jim Griffin, San Luis Obispo, spoke in the negative on the City's homeless program. CONSENT AGENDA Council Member Carpenter requested to pull Item C5 in order to recuse himself. Council Member Ashbaugh asked questions on Items C4 and C9. 1 1 City Council Meeting Minutes Page 3 June 5, 2012 ACTION: Council Members Carter /Smith moved to approve the Consent Calendar, Items C1 through C10, minus C5, and recorded a no vote by Council Member Ashbaugh on Item C 3 and a no vote by Council Member Carpenter on Item C6. Roll Call vote: 5 -0. Motion Carried. C1. MINUTES OF TUESDAY, MAY 8,2012: AND MAY 15, 2012. (CODRON /SCHROEDER) RECOMMENDATION: Waive oral reading and approve as presented. C2. CALLING NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION. (CODRON /SCHROEDER) RECOMMENDATION: 1) Adopt a Resolution No: 10362 (2012 Series) calling for, and giving notice of, a General Municipal Election on Tuesday, November 6, 2012, and adopting regulations pertaining to candidates' statements. 2) Adopt a Resolution No: 10363 (2012 Series) requesting that the San Luis Obispo County Board of Supervisors consolidate the November 6, 2012, General Municipal Election with the Statewide General Election to be held on that date. C3. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2.04 OF SAN LUIS OBISPO MUNICIPAL CODE: COUNCIL MEETING DATE CI - (CODRON /SCHROEDER) RECOMMENDATION: Introduce by title only an Ordinance No: 1580 (2012 Series) amending Chapter 2.04 of the San Luis Obispo Municipal Code to restore regular Council meeting dates to the first and third Tuesday of the month and meeting time to 6:00 P.M. C4. LICENSE AGREE AND J HILLS NA (CODRON /HAVLIK) RECOMMENDATION: 1) Approve a License Agreement with Herb Filipponi and JoAnn Denbow to permit construction and use of a non - motorized multi -use trail crossing a portion of the Filipponi / Denbow property adjacent to Irish Hills Natural Reserve and Johnson Ranch Open Space. 2) Approve a Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement providing legal protections to Mr. Filipponi and Ms. Denbow for public use of the Licensed Area. 3) Authorize the Mayor to sign the License and Release Agreements. C6. AMENDING FRONT REGULATIONS OF CITY FILE #: TA 143 -11. (JOHNSON /LEVEILLE) City Council Meeting Minutes June 5, 2012 Page 4 RECOMMENDATION: Adopt Ordinance No. 1579 (2012 Series) amending front yard parking regulations of the Municipal Code and removing the 72 -hour timeframe for property maintenance standards violations. C7. FY 2012 -13 CALIFORNIA OFFICE OF TRAFFIC SAFETY " THE 14" GRANT APPLICATION. (GESELUELLSWORTH) RECOMMENDATION: 1) Approve the submittal of a grant application to the California Office of Traffic Safety (OTS) for an Avoid the 14 grant in an amount not to exceed $230,000. 2) If a grant is awarded, authorize the City Manager to execute the necessary grant documents. C8. FIRE PREVENTION AND SAFETY GRANT. (HINES /COX) RECOMMENDATION: 1) Authorize the City's submittal of a grant application in the amount of $230,000 to Federal Emergency Management Agency (FEMA) for fire prevention and safety grant for 2012 -13. 2) Authorize the City Manager to accept and appropriate the funds to the Fire Department if the grant is awarded to the City. C9. SLO TRANSIT CAPITAL PROJECTS AMENDMENT. (WALTER/WEBSTER) RECOMMENDATION: 1) Adopt a Resolution No: 10364 (2012 Series) authorizing the Public Works Director to execute all required documents and any amendments thereto with the California Department of Transportation and California Emergency Management Agency regarding transit security grants. 2) Authorize the Finance Director to award contracts and execute Purchase Orders for bus stop safety and security equipment in accordance with the City procurement policy if costs are within the budgeted amounts. C10. INES /MAGGIO) RECOMMENDATION: Adopt a Resolution No: 10365 (2012 Series) enabling the continued collection of multi - dwelling property fire and.life safety inspection fees via the secured property tax roll administered by the County. CONSENT ITEMS PULLED FOR SEPARATE ACTION CS. ADOPTION OF AN ORDINANCE AMENDING TI CODE (ZONING REGULATIONS); CITY FILE #: (JOHNSON /DAVIDSON) RECOMMENDATION: Adopt Ordinance No. 1578 (2012 Series) amending Title 17 of the Municipal Code regarding alcohol outlet regulations. City Council Meeting Minutes Page 5 June 5, 2012 At this time Council Member Carpenter recused himself, stating he now had a financial interest in property affected by ordinance and he left the dais. Community Development Director Johnson presented proposed new language. PUBLIC COMMENTS ON CONSENT AGENDA ITEMS Gary Fowler, San Luis Obispo, speaking on Item C10, said he felt the fire inspection fees were unwarrented, adding that insurance carriers did the inspections. Deborah Cast, San Luis Obispo Downtown Association, Item C5, expressed disappointment with the Downtown. Association being removed from the ordinance. Carl Dudley, San Luis Obispo, member of Downtown Association, spoke on Item C5, and urged Council to add the peer review element back into the ordinance. Andrea Miller, San Luis Obispo, speaking on Item C5, noted some problem areas in the downtown, saying the city asked them to self police and now the ordinance was changed to remove them from the process. Ron Meier, Downtown Association, spoke on Item C5, saying that originally all stakeholders were invovled and had worked to add prospective to the issue. Steve Tolley, speaking on Item C5, said SNL felt they needed to be included in the ordinancne, they had experience in the industry. He added that he felt they could solve problems before the hearing process took place and asked to keep the Downtown Association in the ordinance. --end of public comments - -- Community Development Direcotr Johnson explained the proposed language change. Council Member Carter mentioned that he suggested compromise language after a meeting where the Downtown Association was still interested in being a part of the ordinance. He said that what he was trying to codify was that intersted parties would be notified in advance, would have adequate time to meet and come with recommendations to the code enforcement officer. Council Member Ashbaugh said the intent was not to remove reference to the Downtown Association but to expand input from a variety of sources. He noted that the alcohol outlet study pointed out that the majority of the problems with alcohol was not in the downtown area. He said he was not ready to approve the ordinance as drafted, he wished to have it return to Planning Commission to wordsmith it. Council Member Smith expressed support of public involvement. The original staff recommendation was to include SNL and Downtown Association and she was surprised City Council Meeting Minutes. Page 6 June 5, 2012 to see deletion of Downtown Association as part of the recommendation and she wished to see the language of the original ordinance return. Mayor Marx felt SNL could work with the City whether or not it was mentioned in the ordinance. She felt that was asking Council to delegate some authority power to a group while there was no other organization that had regulatory power over businesses. She suggested the Council go with the proposed language and review it in a year. Council Member Carter suggested the last sentence in the proposed new language read "Interested parties are defined as those that have a made a request with the City Clerk to be noted of these procedures and includes the Downtown Association or it's successor agency." Council Member Smith said the City would still be in the lead position in the original ordinance, that it provided a peer review process only. Mayor Marx mentioned there was a difference between peer review processes and a process aimed at making the problem go away so that it never comes to a hearing. She said she was not against peer review but felt it was not necessary to delegate a city function to another group. She was agreeable to Council Member Carter's suggested language. Council Member Ashbaugh stressed he wished to see it return to Planning Commission. City Attorney Dietrick stated the prior language proposed by staff did not assign the Downtown Association an adjudicatory rule, what it did was formalize the peer review as a piece of information which would then be forwarded onto the hearing officer for consideration. She added it was not contemplated to preempt a city hearing but to be a part of the city hearing. Regarding the point of integrating the Downtown Association as a body, the city did have a unique contractural relationship with the Downtown Association that was not similar or comparable to the relationship with other advocacy groups within the context of the public input processes. Mayor Marx moved to send the item back to staff to work on language and clarify roles. Council Member Carter seconded the motion. City Attorney Dietrick asked for clarification, asking if Council was comfortable with the formalization of the input as long as it was not on an adjudicatory function. Mayor Marx clarified her motion that the item be sent back to staff, revisting Section D, that staff define the role of the Downtown Association in explicit terms that they are not in an adjudicatory role, that they were offering advise and counseling prior to the hearing to whomever is accused of violating the ordinance and gives input at the hearing. City Council Meeting Minutes Page 7 June 5, 2012 Council Member Carter withdrew his second to the moiton and Mayor Marx withdrew her motion. Council Member Ashbaugh proposed a two part motion: 1) return the ordinance to staff with direction to clarify the role of the Downtown Association, and 2) spell it out and provide a disput resolution process in ordinance. Motion died for lack of a second. Council Member Carter moved to continue the item to June 19, 2012 and consider everyone's suggested wording. Council Member Ashbaugh seconded the motion. City Manager Lichtig suggested members of the community stakeholder's group be engaged. Roll-Call vote: 4 -0. Council Member Carpenter recused. Motion carried. At this time, 8:35 P.M., Council Member Carpenter return to the dias and Council took a ten minute break. All Council Members retumed at 8:45 p.m. BUSINESS ITEMS B1. INTRODUCTION OF MENACING AND AGGRESSIVE ANIMAL ORDINANCE. Chief of Police Gesell presented the staff report and responded to Council comments. Chief Gesell explained the proposed amendment to the ordinance was that all sections in Title 6 of the Municipal Code were listed as infractions. For an infraction to be cited by a Peace Officer it must be observed by the citing officer. This would inhibit or preclude enforcement of the Municipal Code. Staff recommended that the new language list this section as a misdemeanor which can be observed by another citizen and therefore cited by any Peace Officer. "Section 6.20.070, subsection E, 5. Where criminal enforcement of this section is pursued, any violation of this section shall be deemed a misdemeanor, notwithstanding Section 1.12.060 of this Code." PUBLIC COMMENTS ON ITEM 61: Steve Delmartini requested a definition of the term "landlord ". Dr. Anderson replied that the County did not define the term landlord and Chief Gesell added that the proposed language defined property owner not landlord. Don Hedrick, San Luis Obispo, asked if a three strike law would apply. City Council Meeting Minutes June 5, 2012 Page 8 ---end of public comments - -- Council Member Ashbaugh pointed out a typographical error in Section 6.20.070, subsection F "Libility of property owners ", 1. "Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s) be jointly" -- ACTION: Motion by Council Members Carpenter /Carter to introduce by title only an amended Ordinance No: 1581 (2012 Series) adding Section 6.20.070 (Menacing and Aggressive Animals) to Chapter 6.20 the San Luis Obispo Municipal Code prohibiting menacing and aggressive animals in the City. Roll Call vote: 5 -0. Motion Carried. 62. MBER 2012 BLE Y REAUTH ER TAX Finance and Information Technology Director Bourbeau presented the staff report on the Utility User Tax and Assistant City Manager Codron presented the staff report on Measure Y and both responded to Council comments. PUBLIC COMMENTS ON ITEM 132 Don Hedrick, San Luis Obispo, questioned the utility tax portion on bundled services and stated that he did not feel Measure Y funds were being used as intended. Courtney Kienow, Chamber of Commerce, said the Chamber supported staff recommenation to not pursuing renewal of Measure Y in 2012. Kevin Rice, San Luis Obispo, concurred with the staff recommendation, asked staff to keep a track record, and wished .to see Measure Y funds used to maintain and enhance current infrastructure, not new projects Steve Barasch, San Luis Obispo Business and Property Owners Association, voiced concerns on how Measure Y funds were being spent and did not support the reauthorization. - - -end of public comments— ACTION: Motion by Council Members Ashbaugh /Smith to direct staff to place on the November 6, 2012, general election ballot an ordinance modernizing the City's existing Utility Users Tax (UUT) to reflect changes in technology and state and federal law, and to reduce the tax rate on telecommunications services from 5% to 4.8 %. Roll Call vote: 5 -0. Motion Carried. City Council Meeting Minutes Page 9 June 5, 2012 ACTION: Motion by Council Members Smith /Ashbaugh to direct staff not to pursue reauthorization of Measure Y during the 2012 general election. Roll Call vote 5 -0. Motion Carried. 133. ADOPTION OF A RESOLUTION APPROVING A BARGAIN SALE PURCHASE 89 ACRES OF PROPERTY ABOVE JOHNSON AVENUE, AND APPROPRIATING AN ADDITIONAL $67,600 OF HALF -CENT SALES TAX (MEASURE Y) FUNDS TO COMPLETE THE TRANSACTION. Natural Resources Manager Havlik presented the staff report and responded to Council comments. Council Member Ashbaugh asked about the property rights to share a well and Natural Resources Manager Havlik said that the City had a commitment to not put a home on the property, which would render it moot. PUBLIC COMMENTS ON ITEM B3 Don Hedrick, San Luis Obispo, expressed concern of the use of Measure Y funds to purchase the property. - - -end of public comments-- - ACTION: Motion by Council Members Carpenter /Carter to Adopt a Resolution No: - 10366 (2012 Series): 1) Approving the Bargain Sale Agreement for Purchase and Sale of Real Property with Herbert and Diane Filipponi, Darrell and Nola Twisselman, and Kenneth and Rosemary Twisselman for 89 acres of land above Johnson Avenue in the unincorporated area of San Luis Obispo County, as a "bargain" (i.e., below market value) purchase, and subject to non - substantive changes approved by the City Attorney; 2) Transferring $67,500 from the Unallocated Reserve resulting from the over - realization of the City's half -cent sales tax (Measure Y) revenues in the current fiscal year to the Open Space Capital Improvement Fund; and 3) Authorizing the negotiation of an amendment to the existing conservation easement held by the Land Conservancy of San Luis Obispo County covering the former Bowden Ranch at Reservoir Canyon Natural Reserve to include the purchased property. Roll Call vote: 5 -0. Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Mayor Marx announced the community celebration for the completion of downtown lighting enhancement program to take place June 6, 2012. City Council Meeting Minutes Page 10 June 5, 2012 ADJOURNMENT There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 10:20 p.m. Sheryll Schr,8eder, MMC Interim City Clerk APPROVED BY COUNCIL: June 12, 2012 1