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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. City Council Meeting Page 2 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. City Council Meeting' 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 City Council Meeting Page 4 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 City Council Meeting Page 5 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 City Council Meeting Page 6 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 City Council Meeting ' Page 7 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. City Council Meeting 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