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HomeMy WebLinkAbout09/21/2010MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 21, 2010 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M. SPECIAL MEETING ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Allen K. Settle, Vice Mayor Andrew Carter, and Mayor Dave Romero Council Member John Ashbaugh was seated at the dais at 4:02 p.m. City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Acting 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. . PRESENTATION Human Resources Director Irons and Human Resources Analyst Hendricks presented Employee Service Awards. BUSINESS ITEMS By consensus, the Council agreed to revise the agenda to hear Business Item 2 before Business Item 1. 1. FOXPRO APPLICATION REPLACEMENT — GIS /PERMITTINGNVORK ORDERS. Finance Manager Malicoat introduced this item, following which Administrative Analyst Messner presented the agenda report and responded to Council questions and comments. EnerGov representative Chuck Newberry, and Finance and IT Network Administrator Jason Takagi answered Council questions relating to the vendors continued support of the software, current and future hardware compatibility, and the staffs transition to using the new software. 1 City Council Meeting Page 2 Tuesday, September 21, 2010 m Public Comments There was no public comment - - -end of public comments =-- Council discussion ensued during which they expressed their support for staffs recommendations, and that the expenditure was necessary to secure reliable software for critical City applications. ACTION: Moved by Settle /Ashbaugh to award a contract to EnerGov for replacement of the FoxPro geographic information systems (GIS), permitting and work order applications and authorize the City Manager to execute the contract totaling $815,000. 2. Appropriate $120,000 allocated among all the funds for the purchase of a document management system. 3. Award a contract to American Microlmaging, Inc. (AMI) for a Laserfche document management system to replace several FoxPro planning applications and authorize the City manager to execute the contract totaling $100,125; motion carried (5 :0). 2. ANNUAL REPORT FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID). Principal Administrative Analyst Elke and TBID Chair Conner presented the agenda report and responded to Council questions and comments. Public Comments There was no public comment. - - -end of public comments - -- ACTION: Moved by Marx/Ashbaugh to adopt Resolution No. 10217 (2010 Series); motion carried 5:0. The Special Meeting adjourned at 5:43 p.m. ADJOURN TO A REGULAR MEETING 7:00 P.M. — REGULAR MEETING Mayor Romero called the regular meeting to order at 7:00 p.m. All Council Members were present. Mayor Romero announced that the City would have a team participating in the 20th Annual San Luis Obispo Heart Walk, Saturday October 2, 2010, walking in honor of the late Chief John Callahan. City Council Meeting Page 3 Tuesday, September 21, 2010 PRESENTATIONS Acting Parks and Recreation Director Stanwyck introduced Recreation Manager Bates and Downtown Association Executive Director Cash who announced the artists and designs chosen for the Utility Box Art Project. Mayor Romero presented a proclamation to San Luis Obispo Regional Rideshare Program Manager Morgen Marshall, recognizing October 2010 as Rideshare month in the City of San Luis Obispo. PUBLIC COMMENT Jeff Whitener, San Luis Obispo, spoke about his concerns regarding the underutilization of the Damon- Garcia Sports Fields. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding potential flooding at the Damon - Garcia Sports Fields. Efrem Joelsan, Watt Communities, spoke about his concems regarding fee increases affecting the Laurel Creek development, and requested that the issue be agendized to consider a fee freeze for the development. Council would agree to agendize this issue, subject to a determination by the developer as to the application of prevailing wage laws with regard to this issue. Gary Fowler, San Luis Obispo, spoke about his concerns regarding the recent purchase of the City's double - decker bus. Dane Senser, commended Mayor Romero for his service to the City. Paul Boniour, San Luis Obispo, spoke about his concern regarding the Laguna Lake outflow. Jody Frey, San Luis Obispo, spoke in opposition to the City's smoking ban and the obstruction of the sidewalk in front of Muzio's Deli. Zaki Shabbar, spoke about his concerns regarding the overgrown bushes, trash and transients in the creek near his business. Arnold Ruiz, San Luis Obispo, spoke about his concerns regarding the rehabilitation of Laguna Lake. Dawn Phillips, San Luis Obispo, spoke about her general concerns within the City. J City Council Meeting Tuesday, September 21, 2010 The following citizens spoke in support of Measure H: Adel Hana West, San Luis Obispo. Rosemary Wilvert, San Luis Obispo. Mila Vuiovich- LaBarre, San Luis Obispo. Daniela Amon, San Luis Obispo. The following citizens spoke in opposition to Measure H: Page 4 Dan Rivoire, San Luis Obispo, Executive Director, SLO County Bicycle Coalition. Russ Levanwav, SoftTech. Eric Veium, San Luis Obispo. .John Spa afore, San Luis Obispo. --end of public comments— . CONSENT AGENDA There was no public comment for items on the Consent Agenda. By consensus, Council agreed to pull C6 for further discussion. ACTION: Moved by Carter /Settle to approve the Consent Agenda as indicated below. C1. MINUTES. ACTION: Moved by Carter /Settle to waive oral reading_ and approve as presented; motion carried 5:0. C2. AMENDMENTS TO THE CITY'S CONFLICT OF INTEREST CODE. ACTION: Moved by Carter /Settle to adopt Resolution No. 10218 (2010 Series) amending the City's Conflict of Interest Code; motion carried 5:0. C3. SAN LUIS. BASE BALL.STADIUM USE AGREEMENTS. ACTION: Moved by Carter /Settle to: 1. As recommended by the Parks and Recreation Commission and Joint Use Commission, approve a use agreement with the San Luis Obispo Baseball Alliance, LLC for the use of San Luis Obispo Baseball Stadium for 2011 to 2015 and authorize the Mayor to execute the agreement. 2. As recommended by the Parks and Recreation Commission and Joint Use Commission, approve a use agreement with the San Luis Obispo Rattlers Baseball Development Group for the use of San Luis Obispo Baseball Stadium for 2011 to 2015 and authorize the Mayor to execute the agreement; motion carried 5:0. C4. AMENDMENT OF THE PARKS AND RECREA City Council Meeting Page 5 Tuesday, September 21, 2010 ACTION: Moved by Carter /Settle, as recommended by the Parks and Recreation Commission, to amend the Parks and. Recreation Commission Bylaws to change the regular meeting start time from 7:00 p.m. to 5:30 p.m.; motion carried 5:0. C5. REVOCATION OF UNUSED TAXI PERMITS FOR 234 -TAXI, LLC. ACTION: Moved by Carter /Settle to adopt Resolution No._10219 (2010 Series) authorizing the City Manager to reduce the number of Taxi Permits authorized under the existing Certificate of Public Convenience and Necessity for 234 =Taxi, LLC within thirty (30) days of the Council action; motion carried 5:0. C6. 2010 WATER RESOURCES STATUS REPORT.. ACTION: Moved by Settle /Ashbaugh to: 1. Receive and file the City's 2010 Water Resources Status Report. 2. Receive update on City's Recycled Water Construction Water Permit Program, motion carried 5:0. C7. LEASE OF CITY OWNED PROPERTY AT 860 PACIFIC-STREET, SUITE 103. ACTION: Moved by Carter /Settle to: 1. Approve the commercial lease agreement between the City of San Luis Obispo and Arroyo View Financial., Incorporated. 2. Authorize the Director of Public Works to execute the commercial lease agreement and all necessary paperwork; motion carried 5:0. PUBLIC-HEARINGS . OF EXIS IENCE DT Director of Public Works Walter introduced this item, following which Transit Manager Webster presented the agenda report and responded to Council questions and comments. Mayor Romero opened the public hearing Masood Babaeian, President, TO Counties Transit, Inc., spoke in support of stafrs recommendation. Mayor Romero closed the public hearing. ACTION: Moved by Settle /Carter to adopt Resolution No. 10220 (2010 Series); motion carried 5:0. 1 City Council Meeting Tuesday, September 21, 2010 4. Page 6 ORDINANCE AND IMPACT FEE RESOLUTION; AND ENVIRONMENTAL REVIEW (ANNX, ER, R 81 -10). Council Member Marx recused herself due to a conflict of interest and left the Council Chamber. Community Development Director Mandeville introduced this item, following which Senior Planner Dunsmore presented the agenda report and responded to Council questions and comments. Mayor Romero opened the public hearing. John Evans, Cannon Engineering Consultants, San Luis Obispo, spoke in support of staffs recommendation and commended staff for their efforts. Jeanne Helphenstine, San Luis Obispo, spoke in support of staffs recommendation and commended staff for their efforts. Nick Muick, San Luis Obispo, spoke in support of staffs recommendation and commended staff for their efforts,and requested to work with staff regarding a pre- annexation agreement. Lore Frank Farnor, San Luis Obispo, spoke about her concerns and stated her opposition to development in the area. Mayor Romero closed the public hearing. ACTION: Moved by Carter /Settle to adopt Resolution No. 1.0221 (2010 Series) and Resolution No. 10222_ (2010 Series) and introduce Ordinance No. 1554 (2010 Series) 40; Marx recused. Council recessed at 8:57 p.m. and reconvened at 9:09 p.m. with all members present. 5. Community Development Director Mandeville introduced this item, following which Deputy Director of Long Range Planning Munn and Vice Chair Cultural Heritage Committee Olivera, presented the agenda report and responded to Council questions and comments. Mayor. Romero opened the public hearing. Robert Pavlik, San Luis Obispo, spoke in support of staffs recommendation. City Council Meeting: Page 7 Tuesday, September 21, 2010 Matt Kokkonen, San Luis Obispo, spoke in opposition of staffs recommendation. Mike Baumberger, San Luis Obispo, spoke in opposition to staffs recommendation. Donald E. Hedrick, San Luis Obispo, spoke about his concerns regarding the ordinance. Deborah Cash, Executive Director, Downtown Association,, spoke in support of staffs recommendation, and expressed the DA boards recommendation of developing furthur guidelines with regard to financial assistance and reconsidering the amounts of fines. David Brodie, San Luis Obispo, spoke in support of staffs recommendation. Anne Hodges, San Luis Obispo, spoke about her concerns regarding the proposed districts. Steve Rebuck, San Luis Obispo, spoke of his concerns that the ordinace was extremely punitive and had a general lack of definition. Sara McEre, San Luis Obispo, spoke insupport of staffs recommendation. Jim Duenow, San Luis Obispo, spoke in support of staffs recommendation. Astrid Gallagher, San Luis Obispo, spoke in support of staffs recommendation. Steve Sicanoff, San Luis Obispo, spoke in support for historic preservation, however expressed his concern over the level of control the City would have. Brian O'Neill, spoke about his concerns regarding the negative impacts of houses being considered simply as investments as opoosed to homes. Susan Coward, San Luis Obispo, San Luis Obispo, spoke in opposition to the ordinace, and of her concerns about homes listed on the contributor list compared to. the master list. Thomas Wheeler, San Luis Obispo, spoke in support of staffs recommendation. Peg Pinard, San Luis Obispo, representing the Old Town Neighborhood Association, . spoke in opposition to the ordinace and of her concerns regarding the proposed fines and penalties. Leo Pinard, San Luis Obispo, spoke about his concerns regarding the proposed fines and penalties. Michael Draze, San Luis Obispo, spoke in support of staffs recommendation and of his concerns regarding the daily fines. Kevin Bright, San Luis Obispo, spoke against staffs recommendation. City Council Meeting Tuesday, September 21, 2010 Page 8 Pierre Rademaker, San Luis Obispo, spoke in support of the ordinance, however stated his concerns regarding the proposed fines. Steve Delmartini; San Luis Obispo, recommended reconsidering the 30 day remedy period and excessive daily fines. Alex Gough, San Luis Obispo, spoke of his concerns regarding_ the language in the proposed ordinance and the amount of the proposed fines. Ermina Karim, Chamber of Commerce, spoke in support of staffs recommendations, but recommended that the fines be given further consideration. Dean Miller, San Luis Obispo, spoke in support of staffs recommendation, although stated that the proposed ordinance may need some small modifications Kevin Rice, San Luis Obispo, spoke in opposition to the ordinace. Paul Brown, San Luis Obispo, stated that fines. outlined are onerous. Kathy Smith, San Luis Obispo, spoke in support of the intent of the ordinace, and of her hope that the Council will take public input and modify the ordinance. Paula Carr, San Luis Obispo, stated her support of the idea of the ordinance but suggested to regroup and find elements that are universally accepted. Mayor Romero closed the public hearing. City Attorney Dietrick. s_ tated that to create an ordinance draft fit for inclusion in the Municipal Code, there would be some changes to the order of various sections, however substantive changes would only be made on the approval of the Council. Council discussion ensued, during which Council gave direction for changes to the proposed ordinance. ACTION: Council agreed by consensus to modify the proposed ordinance and directed staff to return with changes on October 19th. In addition, Council continued the Public Hearing to October 5th to complete review of the Historic Preservation Program Guidelines. COUNCIL LIAISON REPORTS Council Member Settle spoke about the League's Annual Conference. Council Member Ashbaugh reported on his attendance at a meeting of the CAPSLO board, and the Integrated Waste Management Authority meeting. City Council Meeting' Page 9 Tuesday, September 21, 2010 Mayor.Romero reviewed the four resolutions approved at the Annual League of California Cities meeting, and reported on the Mayor's Luncheon meeting. Vice Mayor Carter, reported on his attendance at the League of California Cities meeting. Council Member_ Marx reported on her attendance at a Regional Transportation Agency meeting, and an executive meeting of SLOCOG. COMMUNICATIONS Council Member Marx questioned if the City's Public Works, Police and Fire personnel were familiar with the gas pipelines located in the City. City Manager.Lichtig stated that efforts were already underway to perform a risk assessment concerning this issue and to obtain the locations of pipelines from the gas company. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:30 a.m. ` l Elaina Cano, CIVIC City Clerk APPROVED BY COUNCIL: 11/16/10