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HomeMy WebLinkAbout11/07/2012MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO . WEDNESDAY, NOVEMBER 7, 2012 - 6:00 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 Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Carter led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Marx led a moment of silence for Greg Hind, San Luis Obispo businessman, environmentalist and philanthropist who passed away recently. PRESENTATIONS PROCLAMATION — SAN LUIS OBISPO FFA TEAM — (MARX) — This matter was postponed to November 20, 2012. PUBLIC COMMENT — ITEMS NOT ON THE AGENDA Jody Frey, San Luis Obispo, spoke regarding ADA issues, including curb cuts on specific street corners. Vice Mayor Carpenter asked questions of Interim PW Director Mattingly. Ms. Mattingly will respond to Council. John Spatafore, San Luis Obispo, spoke regarding the homeless service center and safe shelter parking. He commended staff for the cooperative work that has been done. Kevin Rice, San Luis Obispo, commented on rule of law and ordinances passed by the Council. The laws and ordinances have no mercy; Council has duty to have mercy in the construction of the ordinances. ---end of public comments - -- City Council Meeting Minutes November 7, 2012 CONSENT AGENDA Public Comments On Items On The Consent. Calendar No one spoke at this. time. - - -end of public comment - -- Page 2 ACTION: Motion by Council Member Ashbaugh / Council Member Carter to approve the Consent Calendar Items C1 (with correction to page C1 -13 of the Minutes for the meeting of October 16, 2012.) and-C2 Roll Call Vote: 5 - 0. Motion Carried. C1. MINUTES OF TUESDAY, OCTOBER 2, 2012; AND OCTOBER 16, 2012. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved by Consent Calendar Vote. C2. SURPLUS DESIGNATION AND AUTHORIZATION OF SALE. (MATTI NGLY/SCHMI DT/HUDSON) RECOMMENDATION: Authorize the surplus designation and disposal of surplus units by sale, auction, trade -in, or other methods in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Sections 405 -L and 480 -B. ACTION: Approved by Consent Calendar Vote. PUBLIC HEARINGS AND BUSINESS ITEMS PHI. RESOLUTION OF INTENTION AND AN URGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN . LUIS OBISPO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE SECT_ ION 20475 (DIFFERENT LEVEL OF BENEFITS), SECTION 21362 (2016 50 FULL FORMULA) AND SECTION 20037 (THREE -YEAR FINAL COMPENSATION) FOR LOCAL POLICE SAFETY MEMBERS AND TO PROVIDE .SECTION 20475 (DIFFERENT LEVEL OF BENEFITS), SECTION 21353 (20/6 01- 60 FULL FORMULA) AND SECTION 20037 (THREE -YEAR FINAL . COMPENSATION) FOR MISCELLANEOUS MEMBERS. (IRONS /ZOCHER) Human Resources Director Irons and Human Resources Manager Zocher presented the report and responded to Council questions. Finance Director Bourbeau responded to Council questions. City Council Meeting Minutes Page 3 November 7, 2012 Mayor Marx opened the public hearing. No one spoke at this time. Mayor Marx closed the public hearing. ACTION: Motion by Vice Mayor Carpenter / Council Member Smith to: 1) Adopt Resolution No. 10409 (2012 Series) a resolution of intention approving an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the City Council of the City of San Luis Obispo; and 2) Introduce by title only an Urgency Ordinance No. 1585 (2012 Series) authorizing an amendment to the contract between the City Council of the City of San Luis Obispo and the Board of Administration of the California Public Employees' Retirement System, and authorize staff to bring back the Urgency Ordinance for adoption to become effective immediately on December 4, 2012. Roll call Vote 5-0 Motion Carried. PH2. PUBLIC HEARING ON THE 2012 -2013 PROGRAM OF PROJECTS FOR FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANTS. (MATTI NGLYMEBSTER) Interim Director of Public Works Mattingly and Transit Manager Webster presented the report and responded to Council questions. Mayor Marx opened the public hearing. No one spoke at this time. Mayor Marx closed the public hearing. ACTION: Motion by Council Member Carter / Council Member Ashbaugh to: 1) Conduct a public hearing on the 2012 -13 Federal Transit Administration Program of Projects. 2) As recommended by the San Luis Obispo Urbanized Area Technical Committee, adopt the proposed FY 2012 -13 Program of Projects and appropriate $1,424,563 in Federal Transit Administration grant funding for 2012 -13 into the SLO Transit budget. 3) Adopt Resolution No. 10408 (2012 Series ) authorizing the Interim Public Works Director, or his /her designee to file a grant application and execute a grant agreement with the Federal Transit Administration in the amount of $1,424,563. 4) Direct staff to return to Council with final budget amendment requests, revised revenue projections and local matching needs, if any, as part of the Mid -Year Fund Review in February 2013. Roll call Vote: 5-0 Motion Carried. City Council Meeting Minutes November 7, 2012 Page 4 PH3. OVERSIZED VEHICLE & UNATTACHED TRAILER PARKING REGULATIONS. (MATTINGLY/ JOHNSON /GESELUHUDSON /HORCH /STORTON) Interim Public Works Director Mattingly and Interim Deputy Public Works Director Hudson presented the report and responded to Council questions. Police Chief Gesell, Depuly Public Works Director Bochum, City Attorney Dietrick and City Manager Lichtig answered Council questions. Mayor Marx opened the public hearing. Gary Fowler. San Luis Obispo, praised the staff presentation and commented on the implementation of current regulations. He referred to several vehicles he has complained about that nothing has happened to, including vehicles with out of date registration or inoperable condition. Courtney Kienow, representing SLO Chamber of Commerce, stated that current regulations are not working; the Chamber wants to see a clearly defined regulation and permitting process and would like consideration of expansion of safe shelter parking program. Bill Thoma, San Luis Obispo, stated the business park isn't specifically addressed and should be. In addition, he stated that some vehicles. are not oversized, but are an eyesore. He asked the question, what happens after five citations and impound? He concluded by stating that 40 Prado is a large enough site to house an overnight parking solution and could be an immediate solution. Rev. Cynthia Rae Eastman, San Luis Obispo, stated that criminalization of homelessness is not right. Carolyn Smith, San Luis Obispo, stated that she felt this matter should be continued and neighborhood groups be consulted. In addition, she stated that this system can be played and is too convoluted; she felt the City needs a clear ordinance that is easy to enforce. Kevin Rice, San Luis Obispo, stated there are a lot of nuances that need. to be reviewed before this Ordinance is passed. Sandra Rowley, San Luis Obispo, spoke individually and on behalf of Residents for Quality Neighborhoods, she wanted to participate in the discussion and figure out what is the best thing for public safety and wellness. As a private citizen, she stated she receives a lot of emails and can not be certain if she received and deleted an email from the city regarding this matter. --end of public comments- - Mayor Marx closed the public hearing. City Council Meeting Minutes Page 5 November 7, 2012 Council Member Ashbaugh asked questions regarding commercial registration of oversized vehicle to a business address and inquired into the appropriateness of mapping streets that would not be available for permits. Interim Deputy Public Works Director Hudson, Deputy Public Works Director Bochum, and City Attorney Dietrick responded. Council Member Carter voiced his desire to see a reduction of parking within 75 feet of an address to 25ft; reduction of three days to two days within a fifteen or thirty day timeframe; construction parking should be part of the construction permitting process; 72 hour rule should be reduced to 48 hours; one permit per thirty days, five permits per address should be reduced to four per year; and with regard to fines and towing, towing should take place after three citations, not five. Council Member Smith felt the Council was overriding the public process. She stated her support of neighborhood groups; and feels the City needs to include them in the process. She was uncomfortable setting up regulations when the residential groups and:.. people who will be most affected by this Ordinance have not been included. Restrictions should be stronger and more uniform than set forth in the current document. Interim Public Works Director Mattingly reviewed what outreach was conducted as part of their process. Council Member Ashbaugh stated that Council should provide direction to staff regarding what outreach they want to see and standards they would like within the Ordinance, so that there is clarity for property owners, vehicle owners and staff. Vice Mayor Carpenter brought up the concept of the resources necessary to implement the current Ordinance or future Ordinances and felt these need to be addressed in our budget and goal setting process. Appropriate the resources and set a priority for the Police Department. Community Development Director Johnson responded. Mayor Marx commented that she sees a distinct difference between the issues of the unattached trailers and oversized vehicles. She asked the desire of the members of Council to separate the issues and move forward. Council Member Ashbaugh asked staff if it was possible to proceed with an ordinance without reference to oversized vehicles. Interim Director Mattingly stated that staff would prefer to keep both issues together, and therefore would like direction from Council to proceed with additional outreach to residential groups. No consensus was reached and Mayor Marx withdrew her suggestion. Mayor Marx summarized several issues the Council had discussed with regard to the ordinance: the number of feet from house; the number of days allowed, the issue of times (10pm — 5am, midnight — 5am or 10pm to 6am to coincide with the camping ordinance), the enforcement and priority of enforcement. She suggested that staff use these issues when holding discussions with neighborhood groups. City Council Meeting Minutes Page 6 November 7, 2012 Deputy Director Bochum stated that due to the upcoming holidays, obtaining feedback may take some time and felt staff would be able to report back to Council after the first of the year. Mayor Marx stated she felt staff, with the assistance of community groups, should develop a roster of community group contacts to include in the outreach process, and update the roster on a regular basis. ACTION: Motion Council Member Carter / Council Member Smith that staff go back and communicate with interested individuals and organizations and bring the resulting feedback to Council within the first quarter of the 2013. Roll call Vote 5 -0 Motion Carried. At 8:12 pm Council recessed and returned at 8:27 pm with all Council Members in attendance. STUDY SESSION ITEMS SS1. CONSIDERATION. OF PURPOSE, FEATURES_ AND TIMING ` OF A WORKSHOP REGARDING WAYS TO ADDRESS HOMELESSNESS IN THE CITY. (LICHTIG) City Manager Lichtig presented the report and responded to Council questions Public Comments Jason Reed, San Luis Obispo, commended the City Council on their consideration and participation surrounding the issue of homelessness. He informed the Council that on December 20, 2012 an interfaith candlelight vigil will be held from 5:00 — 6:00pm on the steps outside the Courthouse, to commemorate those who have died outside. Rev. Cynthia Rae Eastman, San Luis Obispo, stated she is delighted that there will be a workshop regarding homelessness. She asked that City events not be scheduled to conflict with sign in times at the shelter. Dee Torres, CapSLO Director, responded to Council that check in at the shelter is by 7:00pm; however, they accommodate people when they plan ahead or let a counselor know they will be late due to an appointment or event. She also informed Council of the meal times at Prado: breakfast 8:30a.m until they are finished; lunch —12:00 noon; Dinner 5:00 — 7:00pm (families start at 4pm). ---end of public comments - -- City Council Meeting Minutes Page 7 November 7, 2012 Vice Mayor Carpenter stated his goal for the workshop is to get Council away from this venue with the purpose to hear from one another what we hear from others in a setting that does not violate the Brown Act. He wants to receive public input into goals of the Council to address issues of the homelessness that we currently do not address. He hopes the workshop will be a solution based environment, not complaining and telling Council what is wrong, but hearing people's ideas and solutions. Discussion can be open to the public first to share solutions, then bring it back to Council to share solutions we have heard from others. He would hope it would be a Council driven session, rather than use staff or a facilitator. He would like the venue to be Ludwick Center, Library, or another facility, as long as Council is on the same level. With regard to resources, he suggested a note taker, staff in a listening and note taking position from the back. Members of Council discussed their perspectives and suggestions. Mayor Marx focused the discussion and Council Members agreed to the following elements for a Workshop regarding ways to address homelessness in the city. ACTION: City Council reached consensus that a workshop regarding homelessness be scheduled with a focus toward solutions. Public testimony will b,e fpI[pwed by- Council discussion. Mayor Marx will facilitate the workshop. The ::will - riot- video .ta a the workshop. The workshop will take lace on January . �.. -, -- - p P P P 52201-3...beg hn.ing at 9:OOam. The venue will be confirmed by staff as Ludwick renter ortlie Veteran's Hall, depending upon availability. Public testimony will be encouraged in two forms: written submissions in advance of the meeting, and ,,public comnment, at the workshop of -three minutes per person. The Council - :(e-quested that documents be uploaded 'to the City website for review prior to the event: . Staff . support to include a scribe, notes taken on flip charts, and a summary of the discussions prepared after the meeting. In addition to public notifications, Council Members will extend personal invitations to encourage participation. SS2. UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM STATUS REPORT. (JOHNSON /GIRVIN) Mayor Marx thanked Tim Girvin for his years of service and noted that this would be his last presentation to the Council before retiring in December. Members of Council thanked him for his service. Community Development Director Johnson and Chief Building Official Girvin presented the report and responded to Council questions. Public Comments No public comment -- -end of public comments --- City Council Meeting Minutes November 7, 2012 Page 8 ACTION: Motion by Council Member Ashbaugh / Council Member Smtih to receive and file report regarding status of Unreinforced Masonry Hazard Mitigation (URM) Program In addition, Council extended their thanks to Tim Girvin and Claire Clark for their c_ onsiderable service on this project. Roll call Vote 5-0 Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: This item was continued to the next Regular Meeting set for November 20, 2012. Communications: There being no further business to come before the City Council,. Mayor_Marx adjourned the meeting at 9:52 p.m. �. Mae Ken y Grime City Clerk APPROVED BY COUNCIL: 11/20/12 1