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Home My WebLink About08/17/2010MINUTES MEETINGS OF THE CITY COUNCIL CITY OP SAN LUIS OBISPO TUESDAY, AUGUST 17, 2010 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 6:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM 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, 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 topic. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Pursuant to Government Code § 54956.9 (c). CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(3)(C) Claimant:.JB Ventures, LLC PUBLIC COMMENT ON .CLOSED SESSION TOPIC Mayor Romero called for public comments. None was 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 6:48 p.m. City Council Meeting Tuesday, August 17, 2010 Page 2 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 City Attorney Dietrick reported that Council met in Closed Session to discuss Anticipated Litigation as indicated above. No further reportable action was taken. PUBLIC COMMENT Mayor Romero opened the public hearing. Donald E. Hedrick, San Luis Obispo, spoke about his plans as a mayoral candidate. Andy Pease, SLO Green Build, presented a certificate of recognition to the Council for the Adams - Hodkinson Addition. Dan Dale, Santa Lucia Hills Master Homeowners Association, spoke in opposition of Measure H. Dan De Vaul, San Luis Obispo, stated that he would like to work with the City in, regards to homelessness and the Laguna Lake dredging project. Dave Morrow, San Luis Obispo, gave suggestions regarding the City's Climate Action Plan. Jody Frey, San Luis Obispo, spoke about her concerns regarding the Muzio Deli outside dining area, the safety fence by the train tracks, and the City s smoking ban. Hillary Trout, San Luis Obispo, No on Measure H Committee Treasurer, spoke in opposition to Measure H. John Sbatafore, San Luis Obispo, Co -Chair for No on Measure H Committee, spoke in opposition to Measure H. Stacey White, Co -Chair for No on Measure H Committee, spoke in opposition to Measure H. —end of public comments -- r� L 1 n City Council Meeting Tuesday, August 17, 2010 CONSENT AGENDA By consensus, Council agreed to pull Item C3 for further discussion. Page 3 ACTION: Moved by Ashbaugh /Settle to approve the consent agenda as amended, as indicated below; motion carved 5:0. C1. MINUTES. ACTION: Moved by Ashbaugh/Settle to waive oral reading and approve as presented; motion carved 5:0. C2. AMEND THE PLANNING COMMISSION BYLAWS TO CHANGE THE REGULAR MEETING. START TIME FROM 7:00 P.M. TO 6:00 P.M. ACTION: Moved by Ashbaugh/Settle to amend the Planning Commission Bylaws to change the regular meeting start. time from 7:00 p.m. to 6:00 p.m; motion carried 5:0. C3. HIGHWAY 227 RELINQUISHMENT. Mayor Romero spoke in opposition. to staffs recommendation due to the added financial burden to the City. Council Member Settle spoke in opposition to staffs recommendation stating that this relinquishment could be used in negotiating with the State in the event of a realignment of Hwy 227. Vice Mayor Carter, Council Member Ashba_uph and _Council Member Marx spoke in support of staffs recommendation.. ACTION: Moved by Marx/Carter to adopt Resolution No. 10206 (2010 Series) accepting responsibility for maintenance of Highway 227 within the current City limits effective upon approval of relinquishment by the California Transportation Commission; motion carried 3:2. Romero and Settle opposed. C4. APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF A. ....w.s -I- MR - % /r-- r &2TA% rAl7 YP A AT AA! I AA1• -1 0'% 11A! 135-07). ACTION: Moved by Ashbaugh/Settle to: 1. Adopt Resolution No. 10207 (2010 Series) approving the Final Map for Tract 2954 (225 N. Chorro) and authorizing the Mayor to execute the subdivision agreement on behalf of the City. 2. Adopt Resolution No. 10208 (2010 Series) accepting the public improvements and certifying completion of the required private subdivision improvements for Tract 2954; motion carried 5:0. City Council Meeting Page 4 Tuesday, August 17, 2010 C5. RESPONSE TO THE GRAND JURY REPORT. "HOMELESSNESS IN SAN LUIS OBISPO COUNTY: ARE WE SOLVING THE PROBLEM ?" ACTION: Moved by Ashbaugh /Settle to direct the City Manager to submit a response to the Grand Jury Report titled: "Homelessness in San Luis Obispo County: Are We Solving the Problem ?" to the Presiding Judge of the San Luis Obispo Superior Court, with a copy to the Grand Jury, by September 13, 2010, as modified; motion carried 5:0. C6. UPDATE PAYMENT DISBURSEIIAENT.AND RECEIPT AUTHORITY. ACTION: Moved by Ashbaugh /Settle to adopt Resolution No. 10209 (2010 Series) updating payment disbursement and receipt authority; motion carried 5:0. C7. SEWERLINE REPLACEMENTS 2010 =11,. PROJECT 2. SPECIFICATION NO. 90938. ACTION: Moved by Ashbaugh /Settle to: 1. Approve the plans and specification for the "Sewerline Replacements 2010 -11, Project 2," Specification No. 90938. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $507,900; motion carried 5:0. C8. STATUS OF CALIFORNIAFIRST PILOT PROGRAM AND ADOPTION OF RESOLUTION IN SUPPORT OF IMMEDIATE CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION PROPERTY ASSESSED CLEAN ENERGY PROGRAMS. ACTION: Moved by Ashbaugh /Settle to adopt Resolution No. 10210 (2010 Series) in support of immediate Congressional action to authorize legislation allowing Property Assessed Clean Energy (PACE) programs; motion carried 5:0. PUBLIC. HEARINGS Council Member Marx recused herself due to a conflict of interest and left the Council Chamber. 1. REVIEW STEPS TOWARDS THE CITY'S PROPOSE 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. Ed Garay, San Luis Obispo, questioned the possibility of amending the general plan to prevent LAFCO from forced annexation of the Garay property. 1 D City Council Meeting Tuesday, August 17, 2010 Page 5 Brett Cross, San Luis Obispo, asked for clarification on the tax sharing agreement. CDD Director Mandeville responded. Mayor Romero closed the public hearing. Council discussion ensued during which they discussed the annexation of the Garay property and the overall support of staffs recommendation. ACTION: Moved by Settle /Carter.to approve as amended to include the Garay property; motion carried 4:0, Marx recused. Council Member Marx returned to the dais following the conclusion of Item 1.. 2. PUBLIC IM CT�CCT\ NTS TO EVELOP .s il Community Development -Director Mandeville introduced this item, following which Housing Programs Manager.Codron presented the agenda and responded'to Council questions and comments. Mayor Romero opened the public hearing. Jonathan Emami Vice. President ROEM Development Corporation, explained the process of repaying the $150,000 allocation in CDBG funds.. Mayor Romero closed the public hearing. Council discussion ensued during which they spoke in support of the staffs recommendation. ACTION: Moved by .Marx/Carter to adopt Resolution No. 10211 (2010 Series); motion carried 5:0. BUSINESS ITEMS 3. LAGUNA LAKE DREDGING. Council Member Settle recused himself due to a conflict of interest and left the Council Chamber. City Engineer_ Lvnch and Supervising Civil Engineer Horn presented the agenda report and responded to Council questions and comments. City Council Meeting Page 6 Tuesday, August 17, 2010 Public Comments The following citizens spoke in support of preserving Laguna Lake. Donald E. Hedrick, San Luis Obispo Don Green.- Luis Obispo Donald E. Cross, San Luis Obispo Dave.Dawson, San Luis Obispo Colonel Chuck Clarke, San Luis Obispo Paul_Boniour, San Luis Obispo Brett Cross-San Luis Obispo Jonathan Lindenthaler, San Luis Obispo Arnold Ruiz, San Luis Obispo Brandon Parker, San Luis Obispo John Smigelski, San Luis Obispo Glenn Carlson, San Luis Obispo Paul.Brown, San Luis Obispo Armida Gibson, San Luis Obispo Kathy Smith, San Luis Obispo Leslie McKinley, San Luis Obispo Dan De Vaul, San Luis Obispo ---end of public comments-- - Council recessed at 9:48 p.m. and reconvened at 10:00 O.M. with all members present. Mayor Romero spoke of his support to preserving the Lake. Mr. Romero suggested reduced cost dredging and removal options and stated that the City has an obligation to the community to preserve the lake. Council Member Ashbaugh presented a slide -show presentation on the restoration of Laguna Lake, feasibility of maintaining the Lake, the use of alternate energy sources for dredging purposes, and funding options. Council Member. Marx agreed that the lake is an asset to the community, and the need is for a coherent, long -term community vision for the lake and the park in general. , Ms. Marx stated that the.current Council is dedicated to improving the water quality in the Lake and recommended that the Laguna Lake Park Master Plan be updated. In addition, it was recommended that alternatives be developed of possible funding sources during the next budget cycle. Vice Mayor Carter spoke in support of preserving Laguna Lake and suggested having a long range, low cost plan for maintaining it as a lake and options for sharing the cost. 1 City Council Meeting ` Page 7 Tuesday, August 17, 2010 City Engineer Lynch explained that disposal of the silt to the landfill would be less costly than the wetland creation and. disposing on the. Nature Preserve which would have strict regulations that would require expensive mitigation. ACTION: Moved by Ashbaugh /Romero to direct staff to return to Council during the. next budget cycle with a Capital Improvement Project proposal to achieve an _. approximate 9 f.. depth, expert analysis and cost alternatives and financing options to including any available grants and /or assessment district options; motion carried (4:0; Settle recused due to a conflict of interest). Mayor Romero asked of the status of previous City practice to place a couple of boards at the culvert outlet at the end of the rainy season so as to deepen the lake during the summer dry season. Natural Resources Manager Havlik stated that there would be issues damming the lake regarding the Endangered Species Act. Council Member Settle returned to the dais following the conclusion of Item 3. 4. SPRINGS ANCE OF RS ENTRAL COAST TENNER Natural Resources Manager Havlik presented the agenda report and responded to Council questions and comments. Public Comments Greg Bettencourt, spoke in support of staffs recommendation. ---end of public comments— Council discussion ensued during which they spoke in support of staffs recommendation. ACTION: Moved by Settle /Marx to approve Staffs recommendation; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Marx reported on the SLOCOG meeting. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:54 p.m. City Council Meeting Page 8 Tuesday, August 17, 2010 Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: 10/19/10 1 1