HomeMy WebLinkAbout04/06/2010MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 6, 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.
PUBLIC HEARINGS
1. INTRODUCTION OF THE URBAN STORM WATER QUALITY MANAGEMENT
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Director of Public Works Walter introduced this item, following which City Engineer
Lynch presented the agenda report and responded to questions.
City Engineer Lynch explained that violations will be handled with an initial staff contact,
and dissemination of informational brochures; repeat violations will cause stronger
enforcement and fines.
City Biologist Otte spoke about his concerns regarding new agriculture regulations and
the impacts to the City's Storm Water Management Plan.
Mayor Romero opened the public hearing.
Gordon Hensley, San Luis Obispo Coast Keeper, spoke in support of staffs
recommendation.
Paul Boniour, Vice President of Laguna Neighbors San Luis Obispo, spoke in opposition
to the staff's recommendation.
Mayor Romero closed the public hearing:
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Tuesday, April 6, 2010
Council discussion ensued during which they discussed enforcement of the ordinance,
signage, dangers of feeding the animals an improper diet, water quality, sanitary
conditions in the park and equipment, and compliance with legislation.
ACTION: Moved by Ashbaugh /Carter to: 1. Introduce Ordinance No. 1543 (2010
Series ) repealing Chapter 12.08 Rain Water Drains of the Municipal Code and adopting
a new Chapter 12.08 entitled Urban Storm Water Quality Management and Discharge
Control of the Municipal Code. 2. Adopt Resolution No. 10158 (2010 Series)
establishing a new Creek and Flood Protection fee schedule; motion carried 4:1 (Settle
opposed).
2. REVISION TO TREE ORDINANCE.
Director of Public Works Walter introduced this item, following which Urban Forest.
Supervisor Pellemeier presented the agenda report and responded to questions.
Mayor Romero opened the public hearing.
There was no public comment.
Mayor Romero closed the public hearing.
Council discussion ensued during which they made modification to the ordinance.
ACTION: Moved by Marx/Carter to introduce Ordinance No. 1544 (2010 Series)
revising Chapter 12.24 Tree Regulations of the Municipal Code as modified; motion
carried 5:0.
The Special Meetinq adjourned at 6:12 p.m.
7:00 P.M. — REGULAR MEETING
Mayor Romero called the regular meeting to order at 7:00 p.m. All Council Members
were present.
PRESENTATIONS
Mayor Romero presented a proclamation to John Macon, Children Services Supervisor,
Meghan Burger, Recreation Supervisor, and child representatives from the different
Sun `n Fun sites acknowledging April 2010 as the Day and Month of the Child.
Mayor Romero presented Kristy McCray, Executive, Director of the Sexual Assault
Recovery and Prevention Center, with a proclamation acknowledging Sexual Assault
Awareness.
Mayor Romero presented Julie Miller, CEO of the Central Coast Autism Spectrum
Center, Gary Nemeth, President of the Board of Directors, and Captain Ian Parkinson
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Tuesday, April 6, 2010
of the San Luis Obispo Police Department, with a proclamation for April 2010 as Autism
Awareness Month.
PUBLIC COMMENT
Lindsay Leaver, San Luis Obispo, spoke about her.concems regarding unsafe traffic on
Mill Street and Osos Street.
Council directed staff to included Ms. Leave's concerns in the Annual Traffic Safety
Report.
Danielle Steussy, San Luis Obispo, spoke about her concerns regarding the font type
used on the City's street sign.
City Manager Lichtia suggested that this.item be discussed during the next process of the
Financial Plan. Council concurred.
Terri Mohan, San Luis Obispo, spoke about holding a candidate forum in the Council
Chamber during the November 2010 election period.
CONSENT AGENDA
ACTION: Moved by Ashbaugh /Marx to approve the Consent Agenda.as indicated below.
C1. MINUTES OF TUESDAY, FEBRUARY _16, 2010.
ACTION: Moved by Ashbaugh /Marx to waive oral reading and approve as presented;
motion carried 5:0.
C2. CANCELLATION OF CITY COUNCIL MEETINGS.
ACTION: Moved by Ashbaugh /Marx to: 1. Cancel the Regular City Council Meetings of
Tuesday, August 3, and December 21, 2010. 2. Cancel the Regular City Council
Meeting of Tuesday, November 2, 2010, due to Federal, State, and Municipal Elections
and reschedule to November 9, 2010; motion carried 5:0.
C3. REVOCATION OF GREEN -GO TAXI LLC CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY.
ACTION: Moved by Ashbaugh /Marx to authorize the City Manager or her designee to
revoke the Certificate of Public Convenience and Necessity and Taxi Permit issued to
Green -Go Taxi LLC on March 17, 2009; motion carried 5:0.
C4. WATER RECLAMATION FACILITY: CLARIFIER 5 AND FACILITY
MAINTENANCE PAINTING PROJECT;_ SPECIFICATION NO. 91001.
ACTION: Moved by Ashbaugh /Marx to: Approve the plans and specifications for
"Water Reclamation Facility: Clarifier 5 and Facility Maintenance Painting Project,
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Tuesday, April 6, 2010
Specification No. 91001" and authorize staff to advertise forbids. 2. Authorize the City
Manager to award the contract if the lowest responsible bid is within Engineer's
Estimate of $250,000; motion carried 5:0.
C5. AMENDMENT NO.4 TO MACRO CORPORATION FOR RADIO SYSTEM
ACTION: Moved by Ashbaugh /Marx tc approve Amendment Number 4 to the radio
system design services contract with Macro Corporation in the amount of $74,580,
which is not to exceed price, and authorize the City Manager to execute the
amendment; motion carried 5:0.
C6. AMENDMENT NO. 2 TO AGREEMENT WITH MARWAL CONSTRUCTION.
ACTION: Moved by Ashbaugh /Marx to approve Amendment No. 2 for construction
management and inspection services with MarWal Construction Inc. (MarWal) for the
public safety dispatch center and radio system upgrade projects in the amount of
$72,625 and authorize the City Manager to execute the amendment; motion carried 5:0.
PUBLIC HEARING
3. INTRODUCTION OF REVISED ORDINANCE — SMOKING PROHIBITION IN
CERTAIN AREAS.
Assistant.City Manager Stanwyck introduced this item, following which Principal
Administrative Analyst Elke presented the agenda report and responded to questions.
Mayor Romero opened the public hearing.
Kathleen Karle, SLO County Public Health Department, spoke of her concerns about
tobacco retailers and allowing smoking inside the business.
Ariel Weininger, spoke in opposition to staffs recommendation.
Christina Lefeuve, Tobacco Control Program, spoke in support of staffs recommendation.
Tenn Treves, Owner of Fanny Wrappers, spoke in support of staffs recommendation and
her concerns with second smoke within her business.
Jody Frey, San Luis Obispo, spoke in oppostion to staffs recommendation.
Dr. Steve Hansen, County Medical Association, spoke in support of staffs
recommendation.
John Stipicevich, spoke in opposition to staffs recommendation.
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Tuesday, April 6, 2010
Doug Shaw, Owner of Sanctuary Tobacco Shop, stated that he would like to remain
exempt from the ordinance and spoke in opposition to the smoking ban within his
business.
Ray Ondreiech, San Luis Obispo, spoke in opposition to staff's recommendation.
Veronica Ondreiech, San Luis Obispo, agreed with the previous speaker and stated her
concerns regarding personal responsibility.. .
Deborah. Cash, Executive Director of the Downtown Association, stated that the majority
of the Downtown Association Board of Directors voted to support staffs recommendation.
Bruce Bennett, the Sanctuary customer, spoke in opposition to staffs recommendation.
Mayor Romero closed the public hearing.
Vice Mayor Carter spoke in support of staffs recommendation and recommended
additional changes such as, removal of significant tobacco retailers exemption, removal of
smoking on patios at bars exemption, and various definitions.
Council Member Settle spoke in support of staffs recommendation.
Council Member Marx spoke in support of staffs recommendation and agreed with Vice .
Mayor Carter's suggestions.
Mayor Romero spoke in support of staffs recommendation and stated that the
established tobacco retailers be "grandfathered" in and continue to be allowed to smoke
within the business so long as there is a proper ventilation system installed within a 6 .
month period. Council Member Settle concurred..
Council Member Ashbaugh concurred with Mayor Romero: In addition, Mr. Ashbaugh
suggested an additional option that would allow businesses to apply for a permit to allow
smoking on their premises.
Council discussion ensued during which they discussed additional outreach to include the
residents of the city of San Luis Obispo, transition periods, ventilation systems, and
grandfathering in existing tobacco retailers to allow smoking on the premises.
City Attorney Dietrick stated her concerns regarding enforcement of standards and
adequacy of a ventilation system which would qualify for an exemption.
Council Member Ashbaugh expressed his concerns regarding unintended consequences
due to the grandfathering in of existing business, thereby creating a possible monopoly,
and prohibiting any new buisnesses the opportunity to allow smoking in their building. He
also expressed significant concern about the ability to accommodate a designated
outdoor smoking area in the proposed homeless services center.
ACTION: Moved by Carter/ Settle to introduce Ordinance No. 1545 (2010 Series), as
recommended by the Community Task Force, to repeal and replace Chapter 8.16 of the
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Tuesday, April 6, 2010
City of San Luis Obispo Municipal Code to introduce comprehensive no- smoking
regulations in San Luis Obispo as revised; motion carved 4:1 (Ashbaugh opposed).
Council recessed at 8:52 p.m. and reconvened at 9:03 p.m. with all. members present.
BUSINESS ITEM
4. INTRODUCTION OF UNRULY GATHERING. ORDINANCE.
Chief of Police Linden introduced this item, following which Lieutenant De Priest
presented the agenda report and responded to questions.
Public Comments
Jacob Alvarez, San Luis Obispo, spoke in support of staffs recommendation.
Phil Steiner, San Luis Obispo, spoke about various statutes that may pertain to unruly
gatherings.
Andrew Crafts, Cal Poly Student, spoke about his concerns regarding fines.
Adel Weininger, submitted a speaker slip not present.
Tenn Mohan, San Luis Obispo, expressed his concerns regarding unruly gatherings.
Brett Cross, Residents of Quality Neighborhoods Board of Directors, spoke in support of
staffs recommendation, fines and suggested to re- evaluate the affects of the ordinance
annually.
Alicia Carney, Cal Poly Student, spoke in support of the collaboration efforts during the
process of creating the proposed ordinance.
Ilana Winter, Cal Poly Student, spoke in support of the collaboration efforts during the
process of creating the proposed ordinance.
Andrew Clark Farrell, Cal Poly Student, spoke in support of the collaboration efforts
during the process of creating the proposed ordinance and continued communication
between the City and Cal Poly students.
On behalf of the City Council, Mayor Romero commended the efforts of Kelly Griggs and
other student representatives during this process.
Kelly Griggs, Cal Poly ASI President, spoke in support of staffs recommendation and of
the collaboration efforts during the process of creating the proposed ordinance.
Ryan Richard, Cal Poly Student; spoke about his concerns regarding the fines.
—end of public comments-
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Tuesday, April 6, 2010
Council discussion ensued during which they discussed their support of staffs
recommendation, the "stacking of fines," enforcement process, comprehensive staff
reviews, and their overall gratitude of the collaboration efforts with student/community
members.
City Manager Lichtig spoke about the City's commitments regarding Measure Y.
ACTION: Moved by Settle /Ashbaugh to introduce Ordinance No. 1546 (2010 Series)
adding Chapter 9.13 to the San Luis Obispo Municipal Code prohibiting unruly
gatherings on private property as amended; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Ashbaugh reported on his attendance at the Mayor's Meeting held in
Grover Beach and the Homeless Services Oversight Committee meeting.
Council Member Marx suggested additional outreach for residents at The Meadows to
discuss the proposed Homeless Campus.
Mayor Romero reported on his attendance at the Mayor's meeting and the Performing
Arts Center meeting,
Council Member Settle suggested the pictures that were presented to the Council by the
Sun n' Fun children be donated to the Parks and Recreation Department. Council
concurred.
COMMUNICATIONS
Council discussion ensued during which they discussed Proposition 16.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 10:30 p.m.
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: 06/01/10
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