HomeMy WebLinkAbout12/15/2009MINUTES
' REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 15, 2009 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
1
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: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, and Elaina
Cano, City Clerk, were present at Roll Call. Other staff members
presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS
Mayor Romero presented proclamations to Barbara Ehrbar and Jonathan Lowell in
appreciation of their many years of service to the City.
APPOINTMENT
Al. APPOI
--NT DISTRICT
ACTION: Moved by Carter /Settle, as recommended by Council Liaison Subcommittee
Member Andrew Carter and Allen Settle, to appoint Dave Brown to the Tourism
Business Improvement District (TBID) Board effective December 15, 2009; motion
carried 5:0.
PUBLIC COMMENT
Randy Poltl, representative of the Molina Family and Laguna Village Shopping Center,
requested additional time to review information staff has gathered and disseminated to
him regarding the proposed traffic signal at the Laguna Village Shopping Center.
Council discussion ensued during which the majority agreed to grant Mr. Poltl an
extension to review the information. This item is scheduled to be heard at the first
meeting in February.
1 Tenn Schubert, San Luis Obispo, made no additional comments.
City Council Meeting Page 2
Tuesday, December 15, 2009
CONSENT AGENDA
Council agreed to pull Item C10 for further discussion. t
Mayor Romero discussed Item C6 and stated that the smoothness of the streets is
equally as important as the general maintenance of the streets.
Public Comment
Kathleen Karle, County Tobacco Control Program, spoke in support of the smoking ban
ordinance and announced that the County Tobacco Control Program is willing to give
$5,000 to the City to be used toward signage.
Elizabeth Osborne, Shell Beach, spoke in opposition to the utilization of San Luis
Baseball Stadium by the San Luis Obispo Baseball Alliance, LLC.
Gary Fowler, San Luis Obispo, spoke in opposition to the salaries of the new City
Manager and City Attorney. Mr. Fowler also suggested that the Assistant City Attorney
position remain vacant.
Michael Borger, Wallace Group, spoke in support of Item C9.
Jody Frey, San Luis Obispo, spoke in opposition to the smoking ban ordinance. '
Christina Lefeure, County Tobacco Control Coalition, spoke in support of the smoking
ban ordinance.
Tim Golden, Rich Reynolds and Leslie Halls, San Luis Obispo, spoke in opposition of the
City's agreement with the Rattlers Baseball Development Group, Inc. and the San Luis
Obispo Baseball Alliance, LLC.
End of Public Comment —
City Attorney Lowell explained that newly appointed City Attorney Christine Dietrick is well
informed on the matters regarding the Rattlers Baseball Development Group, Inc. and the
San Luis Obispo Baseball Alliance, LLC.
C1. MINUTES.
ACTION: Moved by Settle /Ashbaugh to waive oral reading and approve as presented;
motion carried 5:0.
C2. APPOINTMENT OF CITY MANAGER.
ACTION: Moved by Settle /Ashbaugh to: 1. Appoint Katie E. Lichtig as City Manager. 1
2. Approve contract of employment with Ms. Lichtig and authorize the Mayor to sign. 3.
City Council Meeting Page 3
Tuesday, December 15, 2009
Authorize the Director of Finance- -and Information Technology to adjust appropriate
accounts to reflect the compensation changes; motion carried 5:0.
C3. APPOINTMENT OF CITY ATTORNEY.
ACTION: Moved by Settle /Ashbaugh to: 1. Appoint J. Christine Dietrick as City
Attorney. 2. Approve contract of employment with Ms. Dietrick and authorize the Mayor
to sign. 3. Authorize the Director of Finance and Information Technology to adjust
appropriate accounts to reflect the compensation changes; motion carried 5:0.
C4. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES.
ACTION: Moved by Settle /Ashbaugh to receive and file annual statements of revenues
and expenditures from development impact fees for 2008 -09 (water, wastewater and
transportation); motion carried 5:0.
C5.
TOBACCO PRODUCTS FROM CITY -OWNED OUTDOOR RECREATION
AREAS.
ACTION: Moved by Settle /Ashbaugh to adopt Ordinance No. 1537 (2009 Series);
motion carried 5:0.
C6. REQUEST FOR PROPOSALS — 2009 -11 PAVEMENT DEFLECTION TESTING,
SPECIFICATION NO. 90993.
ACTION: Moved by Settle /Ashbaugh to: 1. Approve the Request for Proposals to
provide pavement deflection testing and analysis services. 2. Authorize Staff to
advertise for proposals. 3. Authorize the City Manager to execute an agreement with
the selected consulting firm if the consultant's proposed fees are less than $50,000;
motion carried 5:0.
C7. 2010 STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS.
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10137 (2009 Series)
approving the 2010 City Standard Specifications and Engineering Standards and
rescind the previous resolution; motion carried 5:0.
C8. 2010 SAN LUIS BASEBALL STADIUM USE AGREEMENTS.
ACTION: Moved by Settle /Ashbaugh to, as recommended by the Advisory Committee
on Joint Use of Recreational Property: 1. Authorize the Mayor to execute an
amendment to the agreement between the City of San Luis Obispo and Rattlers
1 Baseball Development Group, INC. for use of San Luis Obispo Baseball Stadium for
the 2010 season. 2. Authorize the Mayor to execute an amendment to the agreement
City Council Meeting Page 4
Tuesday, December 15, 2009
between the City of San Luis Obispo and the San Luis Obispo Baseball Alliance, LLC
for use of San Luis Obispo Baseball Stadium for the 2010 season; motion carried 5:0.
C9. REIMBURSEMENT TO UNITED RENTALS FOR WATER MAIN
CONSTRUCTION ON TANK FARM ROAD.
ACTION: Moved by Settle /Ashbaugh to: 1. Approve the reimbursement of $284,000 to
United Rentals Northwest, Inc. for the cost of constructing a master planned water main
in Tank Farm Road. 2. Approve the reimbursement agreement and authorize the
Mayor to execute the agreement; motion carried 5:0.
C10. RAILROAD SAFETY TRAIL PHASE 4A. THE ROTARY SUPPORTED
"MISSING LINK."
Council Member Marx recused herself and stepped down from the dais so that she
could participate as a Rotary Member in the presentation. Roxanne Carr, Past
President of the San Luis Obispo Rotary and Nancy Shokohi, Rotary Club Community
Services Director presented a donation to the City in the total amount of $87,000 to
help offset costs for the "Missing Link" portion of the railroad safety trail.
ACTION: Moved by Carter /Settle to: 1. Approve Plans and Specifications for the
Railroad Safety Trail Phase 4A, Specification No. 90821 and authorize staff to advertise
for bids. 2. Approve the transfer of $60,011 from the Railroad Safety Trail Phase 4 '
project and $250,000 from the State Highway Account (SHA) into this project's account.
3. Authorize the City Manager to award a construction contract if the lowest responsible
bid is within the engineer's estimate of $600,000; motion carried 4:0 (Marc recused).
Future City Manager Lichtig expressed her gratitude for the opportunity to serve the City.
City Attorney Lowell administered the Oath of Office to future City Attorney Christine
Dietrick. After which Ms. Dietrick also expressed her gratitude for the opportunity to serve
the City.
BUSINESS ITEMS
1. AMENDMENT OF ELECTION CAMPAIGN REGULATIONS.
City Attorney Lowell introduced this item, following which Chair John Ewan and
Committee Member Dodie Williams presented the agenda report and responded to
questions.
Public Comments
There were no public comments forthcoming.
—end of public comments— 1
1
F-
L
1
City Council Meeting
Tuesday, December 15, 2009
Page 5
Mayor Romero presented` committee members who were present with certificates of
appreciation.
ACTION: Moved by Carter /Settle to amend Chapter 2.40 (Election Campaign
Regulations) of the Municipal Code to incorporate the recommendations of the
Council's ad hoc election campaign regulations citizen committee. In addition, Council
directed staff to incorporate immediate family unlimited contribution limits; motion
carried 5:0.
Council discussion ensued during which they commended the committee for their
efforts and also discussed the amount of the contribution limit, enforcement of
campaign signs, surplus funds and electronic payment options.
Council recessed at 8:45 pm and reconvened at 8:55 pm with all members present.
2. COMPREHENSIVE ANNUAL FINANCIAL .REPORT FOR 2008 -09.
Director of Finance & Information Technology Statler introduced this item, following
which Finance Manager Malicoat presented the agenda report and responded to
questions. Kathy Niffenegger, Principal with Glenn, Burdette, Phillips & Bryson,
Certified Public Accountants, explained the auditor's report.
Public Comments
There were no public comments forthcoming.
—end of public comments—
Council discussion ensued during which they commended staff for a very
comprehensive document.. In addition, they discussed their concerns with future PERS
rates.
ACTION: Council reviewed and discussed the Comprehensive Annual Financial Report
and ending financial results for 2008 -09.
3.
Natural Resources Manager Havlik introduced the item. Bob Hill, Conservation Director
for the Land Conservancy for the County of SLO presented the agenda report and
responded to questions.
Public Comments
City Council Meeting Page 6
Tuesday, December 15, 2009
There were no public comments forthcoming.
—end of public comments—
ACTION: Moved by Settle /Ashbaugh to: 1. Adopt Resolution No. 10138 (2009 Series)
approving payment of $107,500 to First American Title Company from the City's Open
Space Fund in support of the purchase of an agricultural conservation easement by the
Land Conservancy of San Luis Obispo County at the 189 acre O'Connor Ranch on
O'Connor Way in the City's Greenbelt area. 2. Authorize the Mayor to sign an
agreement with the Land Conservancy of San Luis Obispo County memorializing the
payment and conditions under which the payment will be made; motion carried 5:0.
4. AMENDMENTS TO THE CITY'S SIDEWALK CAFE ORDINANCE (TA 52 -08).
Community Development Director Mandeville introduced this item, following which
Associate Planner Dunsmore presented the agenda report.
Public Comments
Debrorah Cash, Executive Director - Downtown Association, spoke in support of staffs
recommendation and commended staff for the outreach efforts.
Jody Frev, San Luis Obispo, spoke about her concerns with the widths and obstacles of
the downtown sidewalks
—end of public comments—
Council discussion ensued during which they spoke about their concerns with the widths
of the sidewalk, hours of operation, fees and permit options, and business owners
authority to restrict or allow the use of table and chairs to customers only.
ACTION: Moved by Carter /Marc, as recommended by the Planning Commission, to
introduce Ordinance No. 1539 (2010 Series) that incorporates text amendments to
Municipal Code Chapter 5.50 relating to sidewalk cafes with modifications to 5.50.045
D. and P. 5 and approve a negative declaration for the project; motion carried 4:1;
Ashbaugh opposed.
5. DOWNTOWN PARKING SPACE CONVERSION PROCESS.
Public Works Director Walter introduced this item, following which Parking Services
Manager Horch and Principal Transportation Planner Mandeville presented the agenda
report.
City Manager Hampian stated in any case that there is a request for parking spaces to
be removed the City Manger be notified. Mayor Romero requested that Council be
noticed as well.
City Council Meeting Page 7
Tuesday, December 15, 2009
Public Comments
' Jody Frey, San Luis Obispo, spoke about her concerns regarding the parking in the
downtown area. ;
Ermina Karim, Chamber of Commerce, commended staffs outreach efforts and supports
staffs recommendation. However, she expressed that the 10 day noticing is not sufficient
and suggested to have a 30 day notification.
—end of public comments—
Council discussion ensued during which they discussed their concerns regarding noticing
and posting.
ACTION: Moved by Carter /Marx to adopt Resolution No. 10139 (2009 Series)
establishing procedures for Downtown parking space conversions to modify the 10
calendar day noticing to 30 calendar day noticing; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Ashbaugh reported on his attendance at the December 14"' Cultural
Heritage Committee meeting.
1 Council Member Marx reported on her attendance at the December 2nd SLOCOG and the
Air Pollution Control District meetings.
Mayor Romero reported on his attendance at the Mayor's Meeting on December 4d' and
the Channel Counties meeting.
Council Member Settle also reported on his attendance at the Channel Counties meeting.
COMMUNICATIONS
Council Member Manx reported on her attendance at the Ag Open Space Community
meeting. Ms. Manx also expressed her concerns with the vacant buildings located on
South Broad Street. City Attorney Lowell explained that the trustee is attempting to sell
these buildings and that if it is necessary a letter from the Mayor can be sent to the
Trustee expressing the concerns that the Council has.
Vice Mayor Carter stated that he attended a meeting with city staff and Supervisors Jim
Patterson and Adam Hill during which they discussed the possibility of development
behind the County Probation Department.
Mayor Romero reported on a letter of gratitude he received from the Vandenberg Space
Facility.
City Council Meeting
Tuesday, December 15, 2009
Page 8
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 11:32 p.m. '
Zzrz�..sas•
Elaina Cano
City Clerk
APPROVED BY COUNCIL: 02/02/10
r
r