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HomeMy WebLinkAbout05/04/2010, AGENDA council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, May 4, 2010 6:00 p.m. SPECIAL MEETING Council Hearing Room 990 Palm Street CALL TO ORDER: Mayor Dave Romero ROLL CALL: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice Mayor Andrew Carter and Mayor Dave Romero ANNOUNCEMENT OF CLOSED SESSION TOPIC PUBLIC COMMENT ON CLOSED SESSION ITEM CLOSED SESSION CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY: 736 Marsh Street NEGOTIATING PARTIES: City of San Luis Obispo: Katie Lichtig, Shelly Stanwyck, J. Christine Dietrick WestPac: Hamish Marshall NEGOTIATIONS: Direction on terms of real property negotiation ADJOURN TO A REGULAR MEETING. inCity Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to including the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7100. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 990 Palm Street,San Luis Obispo,during normal business hours. i Council Agenda Tucsday, May 4, 2010 7:00 p.m. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Dave Romero ROLL CALL: Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice Mayor Andrew Carter and Mayor Dave Romero PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT. (DIETRICK) PRESENTATIONS PROCLAMATION ACKNOWLEDGING BIKE MONTH. (ROMERO — 5 MINUTES) PROCLAMATION ACKNOWLEDGING BUILDING SAFETY MONTH. (ROMERO - 5 MINUTES) PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code Sec. 54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 4 of City Hall. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. MINUTES OF TUESDAY, MARCH 2. 2010. (STANWYCK/CANO) RECOMMENDATION: Waive oral reading and approve as presented. C2. UTILITY BILLING SOFTWARE SYSTEM UPGRADE. (STATLER/THOMPSON) RECOMMENDATION: Approve the Request for Proposals (RFP) for the upgrade of the utility billing system and authorize the City Manager to award the contract if within the project budget of$150,000. 2 Council Agenda Tuesday, May 4, 2010 C3. FINAL ADOPTION OF ORDINANCE ESTABLISHING WATER EFFICIENT LANDSCAPE STANDARDS. (MATTINGLY/MUNDS) RECOMMENDATION: Adopt Ordinance No. 1547 (2010 Series) repealing Chapter 13.20 of the Municipal Code; repealing and replacing Chapter 17.87 establishing Water Efficient Landscape Standards in the Zoning Regulations. C4. FINALADOPTION OF ORDINANCE AMENDING MUNICIPAL CODE.CHAPTER 9.22. (LINDEN) RECOMMENDATION: Adopt Ordinance No. 1548 (2010 Series) amending Chapter 9.22 of the San Luis Obispo Municipal Code — Safety Enhancement Zones. C5. BROAD STREET UNDERGROUND DISTRICT—APPROVAL OF CITY/COUNTY MEMORANDUM OF AGREEMENT. (WALTER/VAN BEVEREN) RECOMMENDATION: 1. Approve the Memorandum of Agreement between the City of San Luis Obispo and the County of San Luis Obispo for the continued funding of the Broad Street Utilities Undergrounding project through the use of County funding allocations. 2. Authorize the Mayor to sign the agreement. PUBLIC HEARING 1. CONSIDERATION OF A CONDOMINIUM CONVERSION FOR 10 APARTMENTS AT 614 GRAND AVENUE (CON 12-10). (MANDEVILLE/LEVEILLE — 15 MINUTES) RECOMMENDATION: Adopt a resolution approving a condominium conversion for 10 units at 614 Grand Avenue (Grand Terrace Townhomes, CON 12-10). BUSINESS ITEM 2. INTERIM GENERAL.FUND FIVE-YEAR.FISCAL FORECAST. (LICHTIG/STATLER — 1 HOUR) RECOMMENDATION: Review and discuss the results of the interim General Fund five-year fiscal forecast. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 3 Council Agenda Tuesday, May 4, 2010 COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURN. 4 RESOLUTION ON PROTECTION OF WHALES AND OPPOSITION TO PROPOSED RESUMPTION OF COMMERCIAL WHALING AND TEN- YEAR QUOTAS FOR GRAY WHALES AS PROPOSED BY THE INTERNATIONAL WHALING COMMISSION Whereas,whales are considered sentient beings that,at the apex of the marine food chain, are extremely important for the health and viability of our oceans; Whereas,the California gray whale is our official state Marine Mammal and is enjoyed by millions of whale watchers along the coast.of California every winter and spring; Whereas,whale watching for gray whales and other species is a multi-million dollar industry supporting coastal communities throughout California; Whereas,the California gray whale population is showing signs of stress; Whereas,all whale populations,including the gray whale,are facing serious global environmental problems including effects of global warming and acidification of the oceans, harvesting of krill and other small fish species, intense underwater noise,and water pollution; Whereas,the International Whaling Commission (IWC) has adopted an indefinite moratorium on commercial whaling that went into effect for the 1986-87 whaling season; Whereas the US government vigorously promoted the whaling moratorium and has,in the past,led efforts to protect whales in the IWC and other global forums,including the establishment of the entire Southern Ocean as an IWC whale sanctuary; Whereas an IWC delegation has now proposed an agreement that would legitimize and perpetuate commercial whaling,including so-called scientific whaling,on whale species, including several that are considered globally endangered; Whereas,this agreement would legalize current commercial whaling,including so-called scientific whaling from which all the products are marketed, being conducted by the countries of Japan, Norway,and Iceland in defiance of the moratorium,as well as continue illegal trade in whale meat; Whereas,this agreement would set ten-year quotas for whale species for both commercial and subsistence whaling, including gray whales,without regard to scientific review of the population status of the species or potential adverse impact of the quotas; Whereas,this agreement would allow a subsistence quota of 1,400 gray whales over the next ten years,a quota that could only be modified by a three-quarters vote of the full IWC; Whereas,the IWC is scheduled to consider this new whaling agreement and to take action on it at their annual meeting on June 21-25, 2010, in Agadir, Morocco; BE IT THEREFORE RESOLVED THAT THE CITY OF SAN LUIS OBISPO: Opposes the agreement to renew commercial whaling and set ten-year quotas as proposed by the IWC; Urges President Barack Obama to direct the United States Delegation to the IWC to oppose the agreement or any other agreements to allow commercial whaling or set ten-year quotas; Urges the IWC to end all commercial killing of whales, including killing undertaken by nations holding objections to the IWC moratorium and nations issuing so-called "scientific" permits to kill whales for commerce; and Urges the IWC to focus instead on protecting whales and whale habitat, encouraging non- lethal and non-harassing uses of whales for education and scientific study,and addressing global environmental problems that impinge on whale populations as representatives of the biodiversity of the oceans. Save the VVhales Again The International Whaling Commission will decide the fate of the whales and the moratorium on commercial whaling at its June meeting. Come sign the petition to the President asking him to keep his promise to oppose commercial whaling and support the moratorium . Mcnr® Bay Hear: Timothy Bottoms IC A.M. John Laird Sunday, former State Assemblyman, May 2.3 = 27th District park!ng 0® n Bruce Gibson County Supervisor Mcrra Rock Sarah Christie J California Coastal Commission • bring your own chairs ' r Noah Smukler • protest signs and Morro Bay City Council banners encouraged S fir , � Dean Bernal • for more information: aLl� Internationally renowned 941-993-0996 cetacean lecturer wildheartcommPhotmail.com AN Mandy Davis / Sea Shepherd crew, w. wwwanconservancv.ore/whales — ,i" 1 d`' Antarctic campaigns At PJ Webb Sponsored by: ` Monterey Bay National Marine Sanctuary Send a postcard to the President 11 t ac SIERRA N CLUB F 0 U NSA TION 'Illi j�IE7I //�IKJ IOUNDED.1892 SAVE THE WHALES DAY In the quarter century since the whaling moratorium was enacted, several species of whales have made a slow recovery from the brink of extinction. Countries like.Norway, Iceland and Japan have continued whaling and spent that time lobbying vigorously for an end to the ban. Now the U.S. is considering whether to support the plan. Last month, a small working group of the International Whaling Commission drafted a proposal that would allow the commercial T. , hunting of whales for the first 6 time since 1986, when the IWC enacted a ban on commercial whaling. It would legitimize commercial whaling by suspending the moratorium in exchange for loosely enforced quotas based on recent catch data, not sound science. The proposal would leave enforcement of these quotas to the very same nations who have been violating the current moratorium on commercial whaling, creating the potential for fraud and mismanagement. Shockingly, it would give Japan license to kill whales in the Southern Whale Sanctuary in addition to its coastal waters, putting sensitive whale populations and non target species at great risk. The IWC will meet and vote on this proposal in June and the Obama administration has not yet indicated what position they will take. President Obama campaigned on a promise to continue to be a leader in conservation, saying in 2008 that "allowing Japan to continue commercial whaling is unacceptable." We need to hold him to that pledge. PLEASE JOIN US IN SHOWING YOUR OPPOSITION TO THE RESUMPTION OF COMMERCIAL WHALING. ATTEND YOUR COUNTY DEMONSTRATION ON MAY 23rd. TO SEND A MESSAGE TO THE WHITEHOUSE: Mr. PRESIDENT. KEEP YOUR PROMISE AND OPPOSE THE RESUMPTION OF COMMERCIAL WHALING. HELP US SAVE THE WHALES FROM THE CRUEL FATE OF WHALING AND POSSIBLE EXTINCTION. ON MAY 23rd. WE WILL BE HOLDING DEMONSTRATIONS IN LOCATIONS THROUHOUT THE COAST OF CALIFORNIA TO EXPRESS OUR OPPOSITION TO THIS. PLEASE JOIN US. For information on where you can go to www.votethecoast.org or www.wanconservnacy.org CALIFORNIA GRAY WHALES The California Gray Whale is the most ancient Baleen whale on Planet Earth and .the last surviving population of a species which once inhabited many ofthe world's oceans. , . Gray Whales are in trouble. For the fourth - e� Y.y. consecutive year, calf counts are very low, so low -; = 4Z, • _ everyone involved with whales is concerned. In San C y Ignacio Laguna this season, the tranquil waters were almost empty of cows and calves. u� As part of the "deal" to allow the resumption of 'J commercial whaling, the International Whaling o Commission (IWC) Scientific Committee will meet on May 30th to decide on quotas for the Gray Whale. The IWC members have drawn up an agreement which could see a quota of 140 Gray Whales a year �jo ego being hunted and killed for 10 years without periodic review and without current abundance estimates. National Marine & Fisheries Service (NMFS) has told the California Gray Whale Coalition it will not be advising the Scientific Committee of the low calf counts nor providing details of the recent abundance estimate. NMFS will not recommend that the Scientific Committee make no decision on Quotas until such time as the relevant current research data is available. PLEASE TELL YOUR CONGRESSPERSON TO OPPOSE THE SETTING OF QUOTAS FOR THE CALIFORNIA GRAY WHALE WITHOUT A CURRENT ABUNDANCE ESTIMATE AND WITHOUT THE ABILITY TO REVIEW THOSE QUOTAS FOR 10 YEARS. HELP SAVE THE WHALES MAKE YOUR VOICE COUNT COME TO YOUR LOCAL DEMONSTRATION TO SAY NO TO KILLING WHALES Tm Ur>ess of t4c Un'ttrh Otates was4inatan, �Q�[ 2D5Is April 16,2010 Honorable Jane Lubchenco,PhD Under Secretary of Commerce for Oceans and Atmosphere National Oceanic and Atmospheric Administration Administrator U.S.Department of Commerce 1401 Constitution Avenue,NW Washington,D.C. 20230 Dear Dr. Lubchenco: As Members of Congress representing coastal communities dependent on healthy marine ecosystems,we strongly urge National Oceanic and Atmospheric Administration (NOAA)to provide the International Whaling Commission(IWC)with all necessary and current information pertaining to California Gray Whale abundance counts and calf production estimates prior to the IWC Scientific Committee meeting on May 30,2010. The California Gray Whale is a magnificent creature,migrating 11,000 miles each year from Mexico to the Arctic and back. After decades of being decimated by the whaling industry,the California Gray Whale was added to the list of endangered and threatened wildlife under the Endangered Species Act in 1970. Largely as a result of these protections,the species began to recover,and was removed from the list in 1994. However,possibly as the result of changing ocean conditions related to climate change,. the California Gray Whale populations crashed in 2001 and 2002 and,in recent years, there have been numerous reports of emaciated whales and low calf counts. When the IWC Scientific Committee meets in May to consider the current threats and protections in place for the California Gray Whale,we believe that any new determination should be based on current abundance counts. Unfortunately,the IWC lacks information concerning the California Gray Whale's current status because there has not been an abundance estimate for eight years. The much needed abundance count is being undertaken during the 2009-2010 season and another is planned for the 2010-2011 season. However,we are concerned that this census will have only limited use if it is not released in a timely manner before the IWC Science Committee meeting and if it does not clarify that past National Marine Fisheries Service (NMFS)figures were based on desk top studies rather than actual counts as required under the Marine Mammal Protection Act. PRINTED ON RECYCLED PAPER `J 0 Therefore,we respectfully request that the NMFS undertake the following: • Ensure that the California Gray Whale abundance estimates are publicly available within 6 months Of the completion Of the census; • Release to the public California Gray Whale calf production figures since 2001; • Clarify for the IWC Scientific Committee the different methodologies used in past Stock Assessment Reports and Field Studies that have led to confusion about actual California Gray Whale population numbers; ' • Make recomm—...arucns to the MTC Scientific Committee whether new quotas should be postponed until newer abundance counts are made available and the extent to which global climate change has impacted California Gray iii uaiE aui�Tauvn•VULka and b0chaiviOr; and • Undertake research on global climate change's impact on California Gray Whale primary feeding grounds and the impact of Orca predation on California Gray Whales. We commend NMFS for its dedication to marine conservation,and for continuing to .;..t,port tue use of the b.N s�:e:.ce::;:.:fable for Qw v gy=p of our;,ceras T...r k you for your consideration of this request and please don't hesitate to contact us if you have any questions. f Sincerely, 6GiWoolsey 4Mber e Spee r Member of Congress of Congress • o ends am Fan ember of Congress Member of Congress Barbara Lee Lucille Royb hard Member of Congress Member of C s • A/. 4j. A It J Ilrob rilnery Mike Thompson Member of Congress Member of Congress l� n '0 002 Lofgren 4ar$Berman ember of Congress Member of Congress GOC�A; ' e H J Mc ey 17 Member of Congress em ongress l A George Miller is Capps Member of Congress Member of Congress n. Vvv JUA On 15.0chez Ver of Co gress Member of Con 00 ember of Congress