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HomeMy WebLinkAbout02/05/20131 minutes city of san Luis oBispo REGULAR MEETING OF THE CITY COUNCIL Tuesday, February 5, 2013 - 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: Vice Mayor Kathy Smith called the meeting to order. Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Andrew Carter and Vice Mayor Kathy Smith. Absent: Mayor Jan Marx (arrived during the meeting) 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 Carpenter led the Pledge of Allegiance. Vice Mayor Smith presided over the following items: INTRODUCTIONS AND PRESENTATIONS PROCLAMATION — CONGENITAL HEART DISEASE AWARENESS WEEK. (MARX — 5 MINUTES) Holly Kelly accepted the .Proclamation from Vice Mayor Smith on behalf of Hopeful Hearts, Cal Poly San Luis Obispo. PRESENTATION — RON REGIER, PERFORMING ARTS CENTER, SAN LUIS OBISPO. (LICHTIG — 5 MINUTES) Ron Regier made a presentation about The Performing Arts Center, San Luis Obispo. Mayor Marx arrived at the meeting and took her seat at the dais. city counciL meetinc, minutes Page 2 Tuesday, February 5, 2013 1 PUBLIC COMMENT Steve Barasch, San Luis Obispo. Spoke regarding the South Broad Street Area Specific Plan. Mila Vuiovich -La Barre, San Luis Obispo. Spoke regarding the EIR for Chevron's remediation of the Tank Farm Road area and requested a supplemental EIR of Damon - Garcia Sports Fields and the Margarita Area and review of the Airport Area Specific Plans. Rosemary Wilvert, San Luis Obispo. Spoke in regard to revisiting the EIRS for the Northern Alignment, Damon - Garcia Sports Fields, and the Margarita Area and Airport Area Specific Plans. Gary Fowler, San Luis Obispo. Shared his appreciation of the staff who work on the street light and graffiti hotlines. He encouraged the community to take pride in their community and make use of the service lines that are available. Heinz Huebner, San Luis Obispo. Hope Village of SLO. Thanked staff and Council for their focus on the issue of homelessness. He suggested that if a special election is not 1 held, the monies could be put toward support of the homeless. Donald E. Hedrick, San Luis Obispo. Spoke in support of local developments and constitutional rights of the homeless. Andrea Seastrand, San Luis Obispo. Spoke regarding transparency and process. John Boitel, San Luis Obispo. Spoke regarding the draft South Broad Street plan. He will be adversely affected by the down zoning. Carl Lea, San Luis Obispo. Spoke in opposition to the down zoning of the South Broad Street plan. He feels the Planning Department has not been responsive to the business owners in the manufacturing zone. Susan Swaggerty, San Luis Obispo. Spoke in support of appointing Jeff Aranguena to the Council. Sue Kelley, San Luis Obispo. Urged the Council to appoint Jeff Aranguena to the Council to complete the term of Andrew Carpenter and save the expense of a special election. She stated that students and parents appreciate Jeff Aranguena's service to the community. city council meetmG minutes Page 3 Tuesday, February 5, 2013 Susan Devine, San Luis Obispo. Spoke in support of the appointment of one of the 1 November election Council Candidates. She stated that the first runner up for the position on the November election should be appointed. She supported Jeff Aranguena. 1 Pat Harris, San Luis Obispo. Spoke in support of the appointment of Jeff Aranguena to the Council seat; she stated that Jeff Aranguena would bring the votes of the people with him. Matt Strzepek, San Luis Obispo. Thanked Council Member Carter for his service to the City. He urged the City to work closely with the Natural Foods Co -op, stating they are a great resource to the City and their new location will be a benefit to the City. —end of public comments— CONSENT CALENDAR Public Comments On Items On The Consent Calendar No one spoke at this time. C1. C2. —end of public comments -- Consent Calendar Items Clthru C3. Roll Call Vote: 5 - 0. Motion Carried. MINUTES OF SATURDAY, JANUARY 12, 2013. GRIMES) to approve the (CODRON /KENNEDY RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved by Consent Calendar Vote. LLC TO PHILLIPS 66 PIPELINE LLC. (DIETRICK/PROWS) RECOMMENDATION: Adopt Ordinance No. 1587 (2013 Series). 1 ACTION: Approved by Consent Calendar Vote. city council meetinqj minutes Page 4 Tuesday, February 5, 2013 C3. ADOPTION OF ORDINANCE NO. 1588 APPROVING THE TRANSFER OF FRANCHISE ORDINANCE NO. 1569 FROM CONOCOPHILLIPS PIPELINE LLC TO PHILLIPS 66 COMPANY. (DIETRICK/VISVESHWARA) RECOMMENDATION: Adopt Ordinance No. 1588 (2013 Series). ACTION: Approved by Consent Calendar Vote. PUBLIC HEARINGS AND BUSINESS ITEMS PHI. CONSIDERATION OF 2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS. (JOHNSON /COREY — 20 MINUTES) Community Development Director Johnson and Housing Programs Manager Corey, presented the report and responded to Council questions. Public Comments Mayor Marx opened the public hearing. Kevin Rice, San Luis Obispo. Stated he would like to have CAPSLO affirm they are subject to the Brown Act. Steve Barasch, San Luis Obispo. Requested that the grants be deffered until an audit can be performed. Dee Torres, San Luis Obispo. Spoke in favor of the CDBG grant. She stated that CAPSLO is transparent and has audits that are open to the public. Gary Fowler, San Luis Obispo. Spoke in support of the Senior Nutrition Program. $10,000 would be a tremendous help to the program. He suggested that the City take the amount from CAPSLO and redistribute to the Homeless Service Center. Dell Wagner, San Luis Obispo. Thanked Council for their support of the Maxine Lewis Shelter. He stated they still need support throught the year for the dinner program for 120 people. - --end of public comments - -- Mayor Marx closed the public hearing. Council Member Ashbaugh read Biz Steinberg's letter on behalf of CAPSLO. 1 city council meetmc, minutes Page 5 Tuesday, February 5, 2013 Mayor Marx asked if there were any unallocated funding available. Housing Programs Manager Corey responded. Council Member Carpenter stated that he continues to ask the sole source of the online information for their source of information. He stated that he has asked for back up on this matter and does not find it credible. Mayor Marx stated that she appreciates the work of CAPSLO. ACTION: Motion by Council Member Ashbaugh / Vice Mayor Smith to: As recommended by the Human Relations Commission (HRC), adopt Resolution No. 10421 (2013 Series) to approve funding recommendations for $506,588 of CDBG funds for the 2013 Program Year. Roll Call Vote: 5-0 Motion Carried. 131. PROCESS TO FILL COUNCIL VACANCY. (CODRON /KENNEDY GRIMES — 45 MINUTES) Council Member Carter stepped down from the dais for this item. City Clerk Kennedy Grimes, presented the report and responded to Council questions. Public Comments Andrea Devitt, San Luis Obispo. Requested that the Council focus their selection on the five questions included in the application and appoint a candidate with similar socio- economic standing to Andrew Carter. Kevin Rice, San Luis Obispo. Supported an election of the people. Would appreciate the opportunity to stand for election for the position. Supports the democratic process. Linda Groover, San Luis Obispo. Commented that if Council does appoint someone it should be someone who ran for the last election, not just throwing their hat in the ring for this appointment. She concluded her remarks by stating that if it can't be someone who ran before, there should be a special election. Joseph Abrahams, San Luis Obispo. Advocated of participatory democracy. He favors an appointment. Elisabeth Abrahams, San Luis Obispo. Urged the Council to make an appointment. David Brodie, San Luis Obispo. Stated that there is a precidence for the appointment process and the Council should be consistent in the process. city counciL meetinc, minutes Page 6 Tuesday, February 5, 2013 Susan Devine, San Luis Obispo. Asked the question, how much business does the Council have in the next five and a half months? Donald E. Hedrick, San Luis Obispo. Asked if previous candidates for other offices would be considered. He has expressed his interest in this Council for many years. Allen Cooper, San Luis Obispo. Stated that if the Council goes through the appointment process, that they give more serious consideratoin to those who ran in 2012. Jeff Aranguena, San Luis Obispo. Supported the appointment process and suggested the Council choose from one of the candidate who experienced what one endured as a candidate during the election process in November. Michelle Tasseff, San Luis Obispo. Commented that going to a special election would cause more problems; she trusts the Council to make an appointment of someone who has the time to commit to this job and has similar background to Andrew Carter. Steve Delmartini, San Luis Obispo. Affirmed that the apointment process would provide an easy way for someone to get in without spending time attending meetings, study session, etc. Leslie Halls, San Luis Obispo. Commented that it would be wonderful if the four Council Members could agree on the next Council Member; however a special election may be 1 the best option since it isn't a lot of money. Andrea Miller, San Luis Obispo. Felt the Council should go through the appointment process. --end of public comments - -- The Council Recessed from 8:10 — 8:20 pm. Council Member Ashbaugh commented on the difficulty of the situation. The Council could make an appointment and the City would be well served, however he personally prefers a special election . Council Member Carpenter discussed his thoughts regarding the appointment process and previous appointments; he stated it maybe a disservice to the community if the runner up is always be appointed. He supports moving the process toward a special election. Vice Mayor Smith stated that her values shape her decisions. She is an idealist and is also a pragmatist. She is leaning in the direction of a special election. Mayor Marx reviewed the Council Agenda forecast for the time between Council Member 1 Carter's departure and an appointment or an election for the vacant seat. She stated that city council meetmc, minutes Tuesday, February 5, 2013 Page 7 she would like to attempt to make the appointment on March 12th and if the Council could 1 not reach an appointment, then proceed with a special election. ACTION: Motion by Vice Mayor. Smith I Council Member Ashbaugh to proceed as quickly as possible to move forward with a vote by mail special election to fill the unexpired seat of Council Member Andrew Carter; direct staff to draft the necessary Resolution to call for the election, and come back with the proposed timeline and the financial implications necessary to undertake the election process. Roll Call Vote: 4-0 (Council Member Carter recused) Motion Carried. Council Member Carter returned to the dais. 132. COUNCIL CENSURE POLICY. (DIETRICK – 45 MINUTES) City Attorney Dietrick, presented the report and responded to Council questions. Public Comments Donald E. Hedrick, San Luis Obispo. We need our Council not to violate laws and rules in the first place. He raised questions regarding the wording and use of the word evidence. Paul Brown, San Luis Obispo. Supports the policy; and thinks it will be a reminder for Council Members. —end of public comments -- Council Member Ashbaugh brought forward the following adjustments to the proposed resultion. 8.3.3 62 -5 Personnel Board 8.3.8 -Sufficient evidence. Add the words supported, by sufficient evidence. 8.3.10 ' Far enough" is not specific enough ...at least 14 days 8.3.11 the subject member Vice Mayor Smith stated that she is not comfortable including the censure policy within the Council Policies and Procedures. Council Member Carpenter supports the policy, but does not support bringing in the Personnel Board. Council Member Carter asked the City Attorney if the utilization of the Personnel Board 1 was based on due process. He supports the resolution, with Council Member Ashbaugh's recommendations. city council meetinc, minutes Page 8 Tuesday, February 5, 2013 Mayor Marx indicated her support of the censure policy. She spoke to the professionalism of the Personnel Board. ACTION: Motion by Council Member Ashbaugh / Council Member Carter to: Revise the Council Policies and Procedures Manual to include a City Council Censure procedure and adopt Resolution No. 10422 (2013 Series). (with adjustments proposed by Council Member Ashbaugh). Roll Call Vote: 3 — 2 (Vice Mayor Smith and Council Member Carpenter opposed) Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: The following reports were received: Mayor Marx distributed a written liaison report and reviewed highlights. Council Member Ashbaugh made an oral report. Communications: Council Member Carter, offered to change his resignation date to the middle of the February 19T meeting if it will facilitate the process. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:40 p.m. Mae a KenrWy Grime City Clerk APPROVED BY COUNCIL: 03/05/13 N 1. m