HomeMy WebLinkAbout02/02/2010C
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MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 2, 2010
COUNCIL CHAMBER, 990 PALM. STREET
SAN LUIS OBISPO, CALIFORNIA
6:15 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Allen K. Settle, Vice Mayor Andrew
Carter, and Mayor Dave Romero.
Absent: Council Member Jan Marx
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.
ANNOUNCEMENT OF CLOSED SESSION TOPIC
City Attorney Dietrick announced the following Closed Session topics.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
PROPERTY:
NEGOTIATING PARTIES:
City of San Luis Obispo:
Landowner:
NEGOTIATIONS:
PROPERTY:
NEGOTIATING PARTIES:
City of San Luis Obispo
Landowner:
NEGOTIATION:
PROPERTY:
NEGOTIATING PARTIES:
City of San Luis Obispo:
12500 Los Osos Valley Road
Jay Walter
John Ruffoni Trust (Kundert et al.)
Possible acquisition of property, terms and price
12501 Los Osos Valley Road
Jay Walter
John Ruffoni Trust (Kundert et al.)
Possible acquisition of property, terms and price
12424 Los Osos Valley Road
Jay Walter
City Council Meeting
Tuesday, February 2, 2010
Landowner:
NEGOTIATION
PROPERTY:
NEGOTIATING PARTIES:
City of San Luis Obispo:
Landowner:
NEGOTIATION:
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BP West Coast Products LLC
Possible acquisition of property, terms and price
US 101 Mainline
Jay Walter
Conoco Phillips
Possible acquisition of property, terms and price
PROPERTY: US 101 Mainline
NEGOTIATING PARTIES:
City of San Luis Obispo: Jay Walter
Landowner: SoCal Gas
NEGOTIATION: Possible acquisition of property, terms and price
PUBLIC COMMENT ON CLOSED SESSION ITEMS
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 adioumed at 6:57 p.m.
7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER
Mayor Romero called the regular meeting to order at 7:02 p.m. All Council Members
except Council Member Marx were present.
CLOSED SESSION REPORT
City Attomev Dietrick reported that Council met in Closed Session to discuss Property
Negotiations as indicated above. Council provided direction. No further reportable action
was taken.
PRESENTATIONS
Mayor Romero presented a proclamation to Jeff Green, Former Grand Jury Member,
acknowledging February 2010 as Grand Jury Awareness Month.
Mayor Romero, in reference to the SLODA presentation; announced that the City
Council's role is to ensure that the Thursday Night's Promotions continues to be a
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City Council Meeting
Tuesday, February 2, 2010
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vibrant and robust activity in the Downtown and not to decide who will or will not
manage the Farmer's Market. Mayor Romero stated that the City has a contract with
the SLODA for the production of the Farmer's Market, which does not dictate day to day
operations. The SLODA will be required to continue to produce a first class Farmers
Market consistent with its obligations under its contract with the City.
Deborah Cash Executive Director of the Downtown Association and Diana Cotta
Thursday Night Promotions Event Coordinator, gave a presentation on Thursday Night
Promotions and the Farmers' Market and responded to questions.
PUBLIC COMMENT
Natalie TartaAlia, President of the SLODA Board, spoke in support of the SLODA
decisions.
Peter Jankay, Administrator Farmers Market Association, spoke about his relationship
with the SLODA, and his eagerness to work with the SLODA to establish a solution. In
addition, Mr. Jankay submitted a petition with 2120 signatures opposed to the SLODA
decision.
Bob Schinkel, Chairman of Thursday Night Promotions, spoke in support of the SLODA
and maintaining a positive relationship with the Farmer's Market Association.
The following citizens spoke against the SLODA decision:
David Avila
Ronald Schletewitz, Fresno
Sandra Simond, Paso Robles
Dave Righetti
Herbert DeKleine, San Luis Obispo
David Brodie, San Luis Obispo
Douglas Bathe, Arroyo Grande
Allan Cooper, San Luis Obispo
David Holmes
Neill Dilworth, San Luis Obispo
Michael Cirone
Gary Fowler, San Luis Obispo
Kathy Borland
Timothy Monahan
Carl Dudley, San Luis Obispo
Peggy Homer, Green Family Farms
Saro Rizzo, Cafe Roma
Gary Havas, San Luis Obispo
Brian Bassenberry, Cal Poly
'Mary Mitchell - Leitcher
Kathryn Keller
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Tuesday, February 2, 2010
Lisa Krueger
Geri Bedell, Avila Beach,
Lee Bedell
Jono Kinkade
Richard Kreisa
Lin Alexander
Liz Peterson
Jordan Algoet
End of Public Comment
Council Member Ashbaugh read a statement on behalf of Council Member Jan Marx.
The consensus of Council is that the two groups, Downtown Association (DA) and
Farmers Market Association (FMA) work together to resolve their differences. The City
may assist in this process by facilitating a third party mediation between the two by
being a funding partner, sharing up to one third of the costs for that mediation. If no
agreement between FMA and DA is reached then Council will ask the City Manager to
get involved and may consider revising the contract.
Recessed at 9:20 p.m. and reconvened at 9:35 p.m. with all members present with the
exception of Council Member Marx, who is absent.
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Stephen Secrest, submitted a letter to staff for Council regarding the Andrews Bypass
Phase 1 Plan Review by Garing, Taylor & Associates, Inc. However, Mr. Secrest was
not present during the public comment period.
CONSENT AGENDA
ACTION: Moved by Settle /Carter to approve the Consent Agenda as indicated below.
C1. MINUTES.
ACTION: Moved by Settle /Carter to waive oral reading and approve as presented;.
motion carried 4:0.
C2. CHAPTER 5.5 OF THE MUNICIPAL CODE RELATING TO SIDEWALK CAFES
(TA 52 -08).
ACTION: Moved by Settle /Carter to adopt Ordinance No. 1539 (2010 Series) amending
section 5.5 of the San Luis Obispo Municipal Code; motion carried 4:0.
C3. MUNICIPAL CODE CHAPTER 9.12 — NOISE REGULATIONS.
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Tuesday, February 2, 2010
ACTION: Moved by Settle /Carter to adopt Ordinance No. 1540 (2010 Series) amending
section 9.12.110 of the San Luis Obispo Municipal Code (Residential Noise
Regulations); motion carried 4:0.
C4. PARK MAINTENANCE AND OUTDOOR DINING AGREEMENT WITH
VILLAGE HOST PIZZA AND GRILL, SLO, LLC.
ACTION: Moved by Settle /Carter to approve an agreement with Village Host Pizza and
Grill, SLO, LLC for park maintenance and outdoor dining on City -owned property,
located at 2163 Santa Barbara Street; motion carried 4:0.
C5. STATE ENERGY PROGRAM GRANT FOR ENERGY EFFICIENCIES.
ACTION: Moved by Settle /Carter to adopt Resolution No. 10148 (201.0 Series)
authorizing Sacramento County, as the lead collaborative entity, to apply for funds on
behalf of the City of San Luis Obispo for energy efficiency and conservation activities;
motion carried 4:0..
C6. 2009 -11 COST ALLOCATION PLAN.
ACTION: Moved by Settle /Carter to approve the 2009 -11 Cost Allocation Plan; motion
carried 4:0.
C7. LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION
PROTECTION ACT OF.2010.
ACTION: Moved by Settle /Carter to adopt Resolution No. 10149 (2010_ Series)
supporting the League of California Cities'. sponsored Local Taxpayer, Public Safety
and Transportation Protection Act of 2010; motion carried 4:0.
C8. STATEWIDE PARK DEVELOPMENT AND COMMUNITY REV_ ITALIZATION
PROGRAM OF 2008 (PROP 841.
Council Member Ashbaugh referred to a memo submitted by Parks and Recreation
Director Kiser regarding the amount of funding that will be requested.
ACTION: Moved by Settle /Carter to adopt Resolution No. 10150 (2010 Series) to
approve the City's application to the Statewide Park Development and Community
Revitalization Grant Program (Prop 84) for the Santa Rosa Park Skate Park; motion
carried 4:0.
PUBLIC HEARING
1. RIPARIAN HABITAT AND WATER QUALITY IN SAN LUIS OBISPO.
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Tuesday, February 2, 2010
City.Attorney Dietrick introduced this item following which Natural Resources Manager
Havlik and City Biologist -Otte 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.
ACTION: Moved by Carter /Ashbaugh to introduce Ordinance No. 1541_(2010 Series)_
establishing rules governing the use of creek, creekside, and riparian areas with the
City of San Luis Obispo, for the purpose of protecting riparian habitat and water quality;
motion carried 4:0.
BUSINESS ITEM
2. FEE REVISION FOR PLANTING TREES IN THE COMMEMORATIVE -GROVE.
Director of Public Works Walter introduced this item following which Urban Forest
Supervisor Pellemeier presented the agenda report and responded to questions.
Public Comments
There was no public comment
---end of public comments-
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10151 (2010 Series)
revising the current fee for planting a Commemorative tree at the Laguna Lake
Commemorative Tree Grove from $2,080 to $410 including an additional option to
purchase a commemorative plaque to place on an existing tree for an approximate fee
of $250; motion carried 4;0.
STUDY SESSION
3. AIRPORT AREA_WASTEWATER_MASTER PLAR UPDATE.
Utilities Director Mattingly introduced the item following which Wastewater Division
Manager Hix presented the agenda report and .responded to questions.
There were no public comments.
ACTION: Moved by Settle /Ashbaugh to receive and file the Airport Area Wastewater
Master Plan Update and consider specific projects as they come forward in future
financial plans; motion carried 4:0.
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Tuesday, February 2, 2010
COUNCIL LIAISON REPORTS
Council Member Ashbaugh reported on his attendance at a Community Action
Partnership outreach.
Mayor Romero reported on his attendance at the Nacimiento Project Committee. and the
SCLC meeting.
COMMUNICATIONS
There were no further communications.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 11:16 p.m.
Elaina Cano, CMC
City Clerk
APPROVED BY COUNCIL: 03/16/10
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