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HomeMy WebLinkAbout10/19/2010MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 19, 2010 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M. — SPECIAL MEETING — COUNCIL CHAMBER 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, 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. BUSINESS ITEM 1.2009 ANNUAL TRAFFIC SAFETY REPORT. Director of Public Works Walter introduced this item, following which Traffic Operations Manager Hudson, Police Captain Parkinson and Deputy Director of Public Works Bochum presented the agenda report and responded to questions. Public Comments Geof Bard, San Luis Obispo, spoke about his concerns to improve bicycle safety, and commended the local bicycle community and public safety personnel. - - -end of public comments Council Member Ashbaugh spoke of his concerns regarding the increase in bicycling accidents, and suggested considering a bicycle - licensing program. Police Captain Parkinson stated that the Police Department was working on such a program. Council Member Marx congratulated staff on the improvements in traffic safety, and spoke about the need for communication with the bicycling community, with regard to wearing helmets, and the bicycle safety trail "missing link ". Mayor Romero commended staff for their hard work, and asked for staff to clarify the current standing of the bicycle safety trail "missing link ". Public Works Director Walter City Council Meeting Page 2 Tuesday, October 19, 2010 stated that the City had been working with Union Pacific on an agreement since February 2010 for preemption work to modified traffic signals at the railroad crossing. Vice Mayor Carter commended staff and spoke about his concerns regarding cyclists not wearing helmets, and suggested looking into a helmet law. ACTION: Council received and discussed the 2009 Annual Traffic Safety Report and associated mitigation strategies. ADJOURN TO CLOSED SESSION 4:50 P.M. 5:00 P.M. — CLOSED SESSION — COUNCIL HEARING ROOM ANNOUNCEMENT OF CLOSED SESSION TOPIC City Attorney Dietrick announced the following Closed Session topics: CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (c) One (1) potential case CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 Pacific Mechanical Corp. v. City of San Luis Obispo PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Romero called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. CLOSED SESSION REPORT City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00 p.m. Regular Meeting. The Closed Session adiourned at 6:14 p.m. Adjourn to Regular Meeting. 7:00 p.m. - REGULAR MEETING — COUNCIL CHAMBER Mayor Romero called the regular meeting to order at 7:00 p.m. All Council Members were present. CLOSED SESSION REPORT 1 City Council Meeting, Page 3 Tuesday, October 19, 2010 City Attorney- Dietrick reported that Council met in Closed Session to discuss anticipated litigation for which Council provided direction to staff, and existing litigation as indicated above, for which Council provided general strategic direction. No further reportable action was taken. PRESENTATIONS .Mayor Romero presented a proclamation to 2011 Poet Laureate, Bonnie Young. . Mayor Romero presented Fire Inspector John Madden a proclamation in honor of his 20 years of service and retirement from the City of San Luis Obispo. Mayor Romero presented a proclamation for World Polio Day to Ed Naretto, Craig Damell and Jeff Buckingham, presidents of three San Luis Obispo Rotary Clubs. Tim Mahoney, Southern California Gas Company, gave a presentation on Southern California Gas Company facilities within the City and responded to Council questions. Dave Mullinax; League of California Cities, gave a presentation on Proposition 22 and responded to Council questions. PUBLIC COMMENT Paul Boniour, San Luis Obispo, spoke about his concerns regarding the outflow of Laguna Lake. By consensus Council agreed to hear public comment not to exceed 2 minutes per speaker. James Arndt, San Luis Obispo, President, Summer Hills Garden Homeowners Assoc., spoke about his concerns regarding slurry sealing on Bluebell Way. Submitted documentation on file in the City Clerk's office. Rick Lewis, San Luis Obispo, spoke about his concerns regarding local arborists and homelessness. Dave Garth, CEO and President, San Luis Obispo Chamber of Commerce, spoke about a newly released book 'Thrive' that featured the City of San Luis Obispo among the happiest places on earth. Kathy Smith, San Luis Obispo, expressed her gratitude to City staff during the election. Chad Bunn, Cal Poly, announced that the Cal Poly Journalism class was in attendance and writing an article regarding the City's budget process. City Council Meeting Tuesday, October 19, 2010 Page 4 Don Hedrick, San Luis Obispo, spoke about his concerns regarding the 2- minute limit on public comments. Jody Frey, San Luis Obispo, spoke in opposition to the current smoking ban. The following citizens spoke about their concerns regarding the proposed Historic Preservation Ordinance and Guidelines: Dan Carpenter, San Luis Obispo. Mike Baumberger, Los Osos. Paul Rys, San Luis Obispo. Rochelle Johnson, San Luis Obispo. Stacy Edmonds, San Luis Obispo. The following citizens spoke in support of Measure H: Geof Bard, San Luis Obispo. Mila Vuiovich- LaBarre, San Luis Obispo. Daniela Amon, San Luis Obispo, also spoke in opposition to Prop. 23. The following citizens spoke in opposition to Measure H: John Ewan, San Luis Obispo. Ken Schwartz, San Luis Obispo. John Spatafore, San Luis Obispo. Andrea Miller, San Luis Obispo. CONSENT AGENDA Council Member Marx stated that due to a conflict of interest, she would not vote on Item C4. By consensus, Council agreed to pull C2 for further discussion. Public Comment Paul Brown, San Luis Obispo, spoke in support of Item C2. ACTION: Moved by Settle /Ashbaugh to approve the consent agenda as amended, as indicated below; motion carried 5:0. C1. MINUTES. ACTION: Moved by Settle /Ashbaugh to waive oral reading and approve as modified; motion carried 5:0. City Council Meeting Page 5 Tuesday, October 19, 2010 C2. NAMING OF THE CORPORATION YARD IN -HONOR OF MAYOR-DAVID F. ROMERO. ACTION: Moved by Carter /Settle to adopt Resolution No. 10225 (2010 Series) renaming the City's Corporation Yard the "David F. Romero Corporation Yard" in honor of Mayor David Romero's contributions to the City of San Luis. Obispo.during his tenure with the City; motion carried 5:0. C3. CONCESSIONAIRE AGREEMENT WITH ACHIEVEMENT HOUSE, INC. ACTION: Moved by Settle /Ashbaugh to approve an Amended and Restated Agreement with the Achievement House, Inc. to provide a food and beverage concessionaire at Laguna Lake Golf Course; motion carried 5 :0. C4. ORDINANCE PRE- ZONING THE ORCUTT AREA (R.81 -10). ACTION: Moved by Settle /Ashbaugh to adopt Ordinance No. 1554 (2010 Series) to Pre -Zone the Orcutt Area Specific Plan; motion carried 4:0, Marx abstained. C5. TELECOMMUNICATIONS. FACILITY LEASE AT SANTA ROSA PARK. ACTION: Moved by Settle /Ashbaugh to adopt a Memorandum of Understanding (MOU) with AT &T for the lease of Santa Rosa Park as a telecommunications facility; motion carried 5:0. PUBLIC HEARINGS 2. EXPENDITURE PLAN FOR 2010 -11 CALIFORNIA SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. Police Captain Staley presented the agenda report. Mayor Romero opened the public hearing. There was no public comment. Mayor Romero closed the public hearing. ACTION: Moved by Ashbaugh /Settle to adopt Resolution No. 10226 (2010 Series); motion carried 5:0. 3. )PTION OF LATI PREVE Community Development Director Mandeville introduced this item, following which Chief Building Official Girvin presented the agenda report and responded to questions. City Council Meeting Page 6 Tuesday, October 19, 2010 Mayor Romero opened the public hearing. There was no public comment. Mayor Romero closed the public hearing. Vice Mayor Carter spoke about a request received from Ms. Jenny Ferguson and spoke in support of staff's recommendation regarding the rainwater harvesting. Council Member Marx recommended the modification of language on page PH3 -58 section (J) of the staff report, from "in conformance with" to "as recommended by". Council spoke in support of language modification and commended staff. ACTION: Moved by Settle /Carter to introduce Ordinance No. 1555 (2010 Series); motion carried 5:0. 4. TOURISM BUSINESS IMPROVEMENT DISTRICT. Principal Administrative Analyst Elke presented the agenda report. Mayor Romero opened the public hearing. Pete Seridan, San Luis Obispo, stated that the world's first motel was in the City of San Luis Obispo. Mayor Romero closed the public hearing. Council spoke in support of the TBID and commended the board's ongoing success. ACTION: Moved by Ashbaugh /Marx to adopt.Resolution No. 10227 (2010 Series); motion carried 5:0. Council recessed at 9:17 pm and reconvened at 9:29 pm with all members present. 5. REZONING OF PROPERTY AT 3750 BULLOCK LANE FROM CONSERVATION /OPEN SPACE TO MEDIUM -HIGH DENSITY (R -3) AND COMMUNITY COMMERCIAL (C -C) AS PART OF TI AREA SPECIFIC PLAN (R 105 -10. ER 8140). Community Development Director Mandeville presented the agenda report and responded to questions. Mayor Romero opened the public hearing. There was no public comment. City Council Meeting Page 7 Tuesday, October 19, 2010 Mayor Romero closed the public hearing. ACTION: Moved by Settle /Carter to introduce Ordinance No. 1556 (2010 Series); motion carried 5:0. BUSINESS ITEMS 6. GENERAL FU City Manager Lichtiq introduced this item, following which Acting Director of Finance & Information Technology Bradley, Finance Manager Malicoat and Administrative Analyst Messner presented the agenda report and responded to Council questions and comments Public Comments Leslie Halls, San Luis Obispo, concerned about the $3 millio_ n gap, and recommended instituting a two teir retirement system. Steve Barasch, San Luis Obispo, spoke about his concerns regarding the overall budget. -- -end of public comments— Council Member Ashbaugh in support of staffs analysis, and encouraged people to bring forth ideas to help contain expenditures and improve revenue. Council Member Settle spoke in support of staffs analysis as a good foundation to begin the next budget cycle. Vice Mayor Carter stated that the Council found the report as very sobering, and stated that the City should go beyond closing the gap, in order to increase funding for CIP projects, especially to fulfill the intent of Measure Y. Council Member. Marx spoke of the importance of preserving the priorities of the residents. Ms. Marx agreed that the City should go beyond closing the gap, and compare the City's financial situation 10 years previous. Mayor Dave Romero stressed the difference between a forecast and a budget and spoke about some of the outside factors that led the City to its current financial situation. Mayor Romero thanked staff for their thorough work. ACTION: Council reviewed and discussed the results of the General Fund Five Year Fiscal Forecast for 2011 -16. ;J City Council Meeting Tuesday, October 19, 2010 Page 8 7. SEWERLINE REPLACEMENTS AT RAILROAD CROSSINGS, SPECIFICATION NO. 91046. Utilities Director Mattingly introduced this item, following which Utilities Project Manager Metz presented the agenda report and responded to questions. Public Comments There was no. public comment. —end of public comments - -- Council Members Marx spoke to staff about maximizing any contact with Union Pacific to try to make some progress on the issue of the Railroad Bicycle Safety Trail Project. Council commended staff for their hard work. ACTION: Moved by Ashbaugh /Settle to adopt Resolution No. 10228 (2010 Series); motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Marx reported on her attendance at the SLOCOG meeting and a Air Pollution Control District subcommittee meeting. Mayor Romero reported on his attendance at the Performing Arts Center meeting.. COMMUNICATIONS Council Member Ashbaugh reported on his attendance at a meeting of the Central Coast Natural History Association. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:02 p.m. Elaina Cano, C C City Clerk APPROVED BY COUNCIL: 12/07/10