HomeMy WebLinkAbout08/17/2010MINUTES
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 --
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City Council Meeting
Tuesday, August 17, 2010
CONSENT AGENDA
By consensus, Council agreed to pull Item C3 for further discussion.
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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.
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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.
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City Council Meeting
Tuesday, August 17, 2010
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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
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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.
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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.
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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
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