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HomeMy WebLinkAbout02/02/2010C n 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: Page 2 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 f1 1 City Council Meeting Tuesday, February 2, 2010 Page 3 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 City Council Meeting Page 4 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. City Council Meeting Page 5 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. City Council Meeting Page 6 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. City Council Meeting Page 7 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 i 1