HomeMy WebLinkAbout05/18/2010MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 18, 2010
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
4:00 P.M. — SPECIAL MEETING
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice
Mayor Andrew Carter, and Mayor.Dave Romero
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Shelly
Stanwyck; Assistant City Manager, and Elaina Cano, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
BUSINESS ITEM.
1. FARMERS'. MARKET MANAGEMENT OPTIONS.
City Manager Lichtig and City Attorney Dietrick presented the staff report and
responded to questions.
City Attorney Dietrick stated that the City's sole authority to make demands is related to
its contract with the Downtown Association. Ms. Dietrick clarified Option 5, as follows:
A subcommittee of each Board authorized to enter into a final agreement shall return to
the table with the City Manager and the City Attorney to attempt to negotiate a final
agreement to return market management to the Farmers' Market Association (FMA).
Public Comments
Peter Jehnke, Administrator of Farmer's Market Association, commend the efforts of City
staff and the shuttle diplomacy team. Mr. Jehnke stated that the FMA has played a
significant role in today's Farmer's Market and should negotiate the final agreement so
that the management of the Farmer's portion of the Thursday Night Promotions be the
responsibility of the FMA. Mr. Jehnke expressed his concerns regarding the current
management of the Farmer's Market.
Deborah Cash, Executive Director of the-Downtown- Association, expressed her concerns
regarding the proposed Option 5 and the lateness of the information received.
Ms. Cash explained the process of appeal to the Thursday Night Promotions Committee
and the SLODA Board of Directors and the overall management of the Farmer's Market.
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Tuesday, May 18, 2010
Hillard Wood, San Luis Obispo, spoke about his support for the FMA and Option 5.
Ron Meier, Arroyo Grande, Committee Chair for Thursday Night Promotions, spoke about
his concerns regarding the management of the Farmer's Market and Option 5.
Carl Dudley, San Luis Obispo, spoke about the positive relationships between the
farmer's and the SLODA and stated that this is an issue between the vendor and
subvendor.
Kris Hunter, San Luis Obispo, Thursday Night Promotions Commitee, spoke in support of
a resolution between the SLODA and the FMA.
Diana Cotta, San Luis Obispo, spoke about the event. management of the Thursday
Night's Promotion, Farmers Market.
Niel Dilworth, San Luis Obispo, recommended that the City evaluate all options to ensure
a positive outcome for both the SLODA and FMA.
Tom Swem, SLODA Board of Director, spoke about the envolvement of the SLODA with
the City and his thoughts regarding Option 5.
Michael Cirore, President of the SLODA, spoke in Board authority and stated that a
compromise could be made by the end of the week.
Philip Landston, Arroyo Grande, President of the Farmers Market Association, spoke in
support of Option 5.
Jason Bond, San Luis Obispo, spoke about his concerns regarding the bulbout near the
Wineman Hotel.
Kathy Borland, spoke about her concerns regarding the communication between the
SLODA and FMA. Ms. Borland spoke in support of Option 5.
Fred Collins, Northern Chumash Tribal Council San Luis Obispo, spoke in support of the
FMA and their involvement with the Farmers Market.
Doug Shaw, San Luis Obispo, spoke about his concerns regarding the communications
against the SLODA and also spoke in. support of Option 1.
John Huffman, San Luis Obispo, spoke in support of the SLODA managing the Farmers
Market.
Dominic Tartaglia, San Luis Obispo, stated that professionals should manage the
Farmers Market and spoke in opposition to Option 5.
Joey Chavez, San Luis Obispo, spoke about his role in the event management of the
Farmers Market.
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Tuesday, May 18, 2010
Page 3
Doug Bathe, stated that the ability to communicate is key for the success of Farmer's
Market.
Dave Righetti, encouraged open communication between the SLODA and the FMA.
Andrea Miller, San Luis Obispo, spoke in support of the SLODA managing the Farmer's
Market.
Susan Hoffman, San Luis Obispo,spoke in support of the FMA.
- - -end of public comments—
Council Member Marx spoke in support of Option 5 but also recommended Option 2
should the first option not work. Ms. Marx proposed a one year contract at the expiration
of the current contract with the SLODA and spoke in opposition of terminating the contract
with the SLODA.
Council Member Ashbaugh commended staff and representatives from the SLODA and
FMA. Mr. Ashbaugh referrenced the recommended changes in the SLODA contract. He
also. stated that the two organizations must come to an agreement and that the City's role
is to oversee that the Farmer's Market remains a vital part of the City.
Vice Mayor Carter spoke in support of Option 5 and returning the market management to
the FMA. Mr. Carter stated that the substantive issues are not the problems and
recommended holding the SLODA contract in abeyance should a different decision need
to be made.
Council Member Settle spoke in favor of Option 5 and continuing the two -year contract
should these issues be resolved.
Mayor Romero stated that the SLODA maintain overall control of the Thursday Night
Promotions and the FMA have control of the farmers market portion. Mr. Romero spoke
in support of Option 5 and suggested that if there is no resolution he would support one -
year contract.
ACTION: Moved by Marx/Settle to: 1) Direct staff to pursue Option 5, as follows: A
subcommittee of each Board authorized to enter into a final agreement shall return to the
table with the City Manager and the City Attorney to attempt to negotiate a final
agreement to return market management to the Farmers' Market Association. 2)
Schedule a special meeting of the City Council, if necessary, for May 28, 2010, 10:00
a.m. to discuss additional options if negotiations do not result in an agreement to return
market management to the Farmers' Market Association (5:0).
The Special Meeting adioumed at 6:27p.m.
7:00 P.M. – REGULAR MEETING
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Tuesday, May 18, 2010
Mayor Romero called the regular meeting to order at 7:08 p.m. All Council Members
were present
PRESENTATIONS
City Attorney Dietrick introduced Assistant City Attorney Andrea Visveshwara.
Mayor Romero presented a proclamation to Jay Walter and Carrie Mattingly
acknowledging Public Works Week.
Director of Finance and Information Technology Statler presented awards for excellence
in budgeting and financial reporting.
PUBLIC COMMENT
Terry Mohan, San Luis Obispo, spoke about his concerns regarding the water
management element.
Agatha Reardon, San Luis Obispo, commended Council and staff for the Senior Center
parking lot and spoke in support of Measure Y.
CONSENT AGENDA
Public Comment
Mandy Davis, commended council for their support and adoption of the opposition of
resumption of commercial whaling resolution.
Peggy Koteen, spoke in support of Item C -3.
Tenn Mohan, San Luis Obispo; spoke in opposition of the fire life inspection fees.
Gary Fowler, San Luis Obispo, spoke in opposition to- Item C6.
ACTION: Moved by Carter /Ashbaugh'to approve the Consent Agenda as indicated
below.
C1. MINUTES OF TUESDAY, MARCH 16, 2010.
ACTION: Moved by Carter /Ashbaugh to waive oral reading and approve as presented;
motion carried 5:0.
C2. OPPOSITION TO ".NEW TWO - THIRDS VOTE REQUIREMENT FOR PUBLIC
ELECTRICITY PROVIDERS" INITIATIVE.
1
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Tuesday, May 18, 2010
ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10167 (2010 Series) to
oppose Proposition 16, the "New Two- Thirds Requirement for Local Public Electricity
Providers Initiative" as modified; motion carried 5:0.
C3. PROTECTING WHALES AND OPPOSING COMMERCIAL WHALING.
ACTION: Moved by Carter /Ashbaugh to adopt. Resolution No. 10168 (2010 Series)
relating to the protection of whales and opposing commercial whaling; motion carried
5:0.
C4. 2009 ASSISTANCE TO FIREFIGHTERS GRANT FUNDS.
ACTION: Moved by Carter /Ashbaugh to accept the 2009 Assistance to Firefighters
Grant for $61,776 and appropriate these funds for Personal Protective Equipment
(coats and pants) for structural firefighting; motion carried 5:0.
C5. 2010. ASSISTANCE TO FIREFIGHTERS_ GRANT APPLICATION.
ACTION: Moved by Carter /Ashbaugh to: 1. Authorize staff to submit a grant application
of $23,000 to the Federal Assistance to Firefighters Grant Program to fund annual
medical examinations and immunizations for fire suppression personnel. 2. If grant is
awarded, authorize the City Manager to accept and appropriate the funds for Fire
Suppression Medical Services; motion carried 5:0.
C6. COUNTY'S COLLECTION OF FIRE-AND LIFE SAFETY INSPECTION FEES.
ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10169 (2010 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; motion carried 4:1
(Settle opposed).
C7. WATER RECLAMATION FACILITY (WRF) AND WATER TREA
(WTP) SLURRY SEAL SUMMER.2010.PROJECT, SPECIFICAI
ACTION: Moved by Carter /Ashbaugh to: 1. Approve plans and specifications for the
WRF and WTP Slurry Seal Summer 2010 Project, Specification No. 90901. 2.
Authorize staff to advertise for bids and authorize the City Manager to award the
contract if the lowest responsible bid is within the Engineer's Estimate of $262,000;
motion carried 5:0.
SUSPENSIO
RETROFIT.
M
k,Y
MIC
ACTION: Moved by Carter /Ashbaugh to: 1. Approve and authorize the Mayor to sign
Seismic Retrofit Agreements with owners of certain Unreinforced Masonry (URM)
buildings within the Garden Street Terraces, Naman, and Chinatown Projects as well as
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Tuesday, May 18, 2010
the building owned by Springfield Baptist Church in substantial conformance with the
Example Agreement attached as approved by the City Manager and City Attorney. 2.
Adopt Resolution No. 10170 (2010 Series) suspending enforcement of the deadlines
under the Unreinforced Masonry (URM) Hazard Mitigation Program, Ordinance No.
1453 (2004 Series) for certain URM buildings within the Chinatown, Naman, and
Garden Street Terraces Projects plus the Springfield Baptist Church located at 2747
Broad Street. 3. Adopt Resolution No. 101.71_(2010.Senes) amending the City's Master
Fee Schedule as to the favorable permit fees for strengthening unreinforced masonry
buildings so the favorable fees expire when the seismic retrofit permit expires; motion
carried 5:0.
C9.
ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10172 (2010 Series) and
Resolution No. 10173 (2010 Series) authorizing the proposed grant applications, and
authorizing the City Manager to execute grant related documents, as follows: 1.
Authorize the Community Development Department to apply to the California
Department of Housing and Community Development (HCD) for $631,000 of BEGIN
program funds for down payment assistance to ten qualified moderate - income
homebuyers in the Housing Authority's Moylan Terrace project. 2. Authorize the
Community Development Department to apply to HCD for $213,450 of First -Time
Homebuyer (FTHB) program funding, to provide down payment assistance to qualified
low income homebuyers within the City of San Luis Obispo; motion carried 5:0.
C10. PROPOSITION
ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10174 (2010 Series) to:
1. Authorize staff to prepare and submit a grant application of approximately $1,000,000
to the Strategic Growth Council fora Sustainable Communities Planning Grant under
Proposition 84 funds for update of the Land Use and .Circulation Elements. 2. If grant is
awarded, authorize the City Manager to accept the grant and execute all grant - related
documents; motion carried 5:0.
Council recessed at 7:45 p.m. and reconvened at 7:53 p.m. with all members present.
BUSINESS ITEMS
1. REAL PROPERTY ACQUISITION AND DISPOSAL POLICY UPDATE.
Director of Finance and I
which Administrative Analyst Messner presented
questions.
Public Comments
There was no public comment.
e_r introduced this item, following
agenda report and responded to
J
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Tuesday, May 18, 2010
---end of public comments—
ACTION: Moved by SettleMarx to adopt Resolution No. 10175 (201.0 Series) updating
the City's real property acquisition and disposal policy as amended; motion carried 5:0.
2. COMMUNITY GARDEN FEES.
Parks and Recreation Director Kiser introduced this item, following which Recreation
Supervisor Wallace and Program Specialist Voorhies presented the agenda report and
responded to questions.
Public Comments
There was no public comment.
- - -end of public comments ---
Council discussion ensued during which Council discussed an appropriate rate increase
and the division of the larger lots.
ACTION: Moved by Marx/Ashbaugh to adopt Resolution No. 10176 (2010 Series)
ACTION: Moved by Carter /Ashbaugh to direct staff to divide up larger lots over 400 sq
feet during the non - growing seasons to allow additional users; 3:2 (Settle-and Marx
opposed).
STUDY. SESSION
3. RAINWATER HARVESTING. (MANDEVILLE /GIRVIN – 45 MINUTES)
Community Development Director Mandeville and Chief Building Official Girvin
presented the staff report.
Public Comment
Linda Seeley, San Luis Obispo, thanked staff and suggested that when building new
building to include a rainwater harvesting component.
Jenny Ferguson, spoke in support of staffs recommendation and the Awanee
principles.
End of Public Comment
Council discussion ensued during which they spoke in support of staffs
recommendation.
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Tuesday, May 18, 2010
Page 8
ACTION: Moved by Carter /Settle, following the Study Session on Rainwater
Harvesting, to: 1. Direct staff to develop a Rainwater Harvesting Ordinance. 2. Direct
staff to collaborate with SLO Green Build and the San Luis Obispo County
Environmental Health Department to develop guidelines for the installation and
maintenance of rainwater harvesting systems; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Ashbaugh reported on his attendance at the Integrated Wastewater
Management meeting.
Council Member Marx reported on her attendance at the SLORTA meeting.
Vice Mayor Carter reported on his attendance at the Utilities workshop.
Mayor Romero reported. on his attendance at the Mayor's meeting and the SCLC
meeting.
COMMUNICATIONS
City Manager Lichtig announced that finalist for the Cal Poly President will hold a "Meet
and Greet" for community members...
Council discussion ensued during which they discussed having a Council member liaison
with the SLODA.
------------------------------------
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 9:55 p.m.
Elaina Cano, CIVIC
City Clerk
APPROVED BY COUNCIL: 08/17/10