HomeMy WebLinkAbout02/01/2005MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 1, 2005 — 6:45 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Christine Mulholland, Allen K. Settle,
Vice Mayor John Ewan and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Jay Walter, Public Works Director; Paul LeSage, Parks and
Recreation Director; Neil Havlik, Natural Resources Manager;
Barbara Lynch, Supervising Civil Engineer
CLOSED SESSION
City Attorney Lowell announced the following Closed Session topic:
LIABILITY CLAIMS
Pursuant to Government Code § 54956.95
Workers' Compensation Claim re Robert Wilkinson
City Attorney Lowell reported that a Closed Session was held, during which Council
provided direction to staff on processing of the claim. There was no further reportable
action at this time.
Parks and Recreation Director LeSage introduced Ashley Blake as the new Supervising
Administrative Assistant in the Parks and Recreation Department.
PUBLIC COMMENT
Gary Fowler, San Luis Obispo, inquired about the status of the Puck statue litigation.
City Attorney Lowell explained that because this is pending litigation, it may not be discussed
publicly.
Paul Boniour, San Luis Obispo, asked that a study be conducted to determine whether
changing the drainage on Oceanaire Avenue so it does not go into the lake would decrease
flooding problems.
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City Council Meeting
Tuesday, February 1, 2005, 6:45 p.m.
Page 2
CONSENT AGENDA
Council Member Mulholland referred to Item C4 (Final Acceptance for Tract 2193), and
explained why she has concerns about accepting improvements before a project is finished.
In response to Council Member Settle, City Attomey Lowell said that the City would not be
liable for runoff.
C1.
ACTION: Moved by Settle(Brown to approve the consent agenda as recommended by
the City Administrative Officer; motion carried 5:0.
ACTION: Moved by SettlelBrown to waive oral reading and approve as presented;
motion carried 5:0.
C2. TELECOMMUNICATIONS FACILITY LEASE AT LAGUNA LAKE GOLF COURSE.
ACTION: Moved by Settle/Brown to adopt a lease agreement with Sprint PCS
Assets, L.L.C. for a telecommunications facility at Laguna Lake Golf Course; motion
carried 5:0.
C3. MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO
FIRE BATTALION CHIEFS' ASSOCIATION.
ACTION: Moved by Settle/Brown to adopt Resolution No. 9647 (2005 Series)
approving the Memorandum of Agreement between the City and the San Luis
Obispo Fire Battalion Chiefs' Association for the period of July 1, 2004 through
December 31, 2005; motion carried 5:0.
C4.
1.
ACTION: Moved by Settle/Brown to adopt Resolution No. 9648 (2005 Series)
accepting the public improvements and releasing the bonds for Tract 2193; motion
carried 5:0.
PUBLIC HEARING
Community Development Director Mandeville presented the staff report.
Mayor Romero opened the public hearing. No comments were forthcoming and he closed
the public hearing.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9649 (2005 Series)
approving a lot line adjustment, with exceptions to the Subdivision Regulations,
based on findings and subject to code requirements; motion carried 5:0.
City Council Meeting Page 3
Tuesday, February 1, 2005, 6:45 p.m.
BUSINESS ITEM
2. ADOPTION OF THE CONSERVATION PLAN FOR CERRO SAN LUIS NATURAL
RESERVE.
Natural Resources Manager Havlik presented the staff report and responded to Council's
questions.
Public Comments
Pam Heatherington, EcoSlo, Amanda Collins, Paso Robles, Carter Collins, Paso Robles, and
Gary Fowler, San Luis Obispo, spoke in support of the proposed Conservation Plan. Ms.
Heatherington asked that letters like the large Mission "M" be prohibited in future open
space.
—end of public comments—
A brief discussion ensued during which Natural Resources Manager Havlik responded to
Council's questions and Council Members voiced their support of the Conservation Plan,
ACTION: Moved by Mulholland/Brown to approve Resolution No. 9650 (2005 Series)
adopting the Conservation Plan for Cerro San Luis Natural Reserve, as amended,
and finding a Mitigated Negative Declaration of environmental impact; motion
carried 5:0.
3. CONTINUED CONSIDERATION OF COUNCIL GOAL - SETTING FOR 2005 -07.
Because Council completed this phase of its goal- setting efforts at its meeting of January
29th, no action was required at this meeting and no discussion was held on this item.
STUDY SESSION
4. LAGUNA LAKE DREDGING STUDY SESSION.
City Attorney Lowell explained that three of the Council Members own property within the
vicinity of the lake. The residences of Council Members Mulholland and Brown are within
500 feet of the project area and Council Member Settle owns properties on Oceanaire and
Drake within 500 feet of the project area. Where the majority of Council Members have
conflicts, State law provides for a random method of selection to enable one of the
conflicted Members to participate and allow for a quorum of the Council to consider the
matter.
Assistant CAD George randomly drew Council Member Settle's name. Because Council
Member Settle declined to participate, Assistant CAO George drew a second name, Council
Member Brown, who then participated in the discussion.
City Attorney Lowell confirmed that Council Member Mulholland could speak during the
public comment period as a private citizen. However, she was asked to leave the Council
Chamber and return when public comment was taken, at which time she could speak only
as a private citizen.
Council Members Mulholland and Settle left the Council Chamber at this time.
City Council Meeting
Tuesday, February 1, 2005,6:45 p.m.
Page 4
Public Works Director Walter and Supervising Civil Engineer Lynch presented the staff
report. They, Greet McGowan. Consultant, and Neil Havlik, Natural Resources Manager,
responded to Council's questions.
Pete Dunan, Chair of the Parks & Recreation Commission, discussed the history of this
project as it was considered by the Parks & Recreation Commission and said that the
Commission took the position that dredging should not come before other Parks and
Recreation needs when funding is limited.
Mayor Romero discussed an alternative proposal to dredge the lake over a number of years
utilizing a suction dredge. His proposal is on file in the City Clerk's office.
Discussion ensued during which Mayor Romero and staff responded to additional
questions.
Public Comments
Matt Wall, San Luis Obispo, explained how settlement ponds can be used to deal with
sedimentation and discussed equipment that would be feasible for dredging the lake. He
suggested if the Marketplace Project moves forward, some of the dredging spoils from this
project could be used for that project.
The following San Luis Obispo residents spoke In support of Council taking action to
preserve and maintain the lake. Some of the suggestions for doing this included, in part,
dredging, removal of the reedstweed abatement, clearing of the Prefumo inlet,
establishment of a shoreline project, and deepen the lake, which will naturally clarify the
water without dredging the entire lake.
Robert Johnson Don Green Jim Buenrostro
Brett Cross Dan Babcock Marny Cardin
Frances Davidson Heidi McNichols Tim Cleath
Michael Sullivan, San Luis Obipso, supported Mayor Romero's recommendation to do this
project incrementally. He pointed out that however it is accomplished, it will require
extensive environmental review, and recommended Council listen to advice provided by the
Parks & Recreation Commission.
Christine Mulholland, speaking as a private citizen, said she believes the majority of
sedimentation is coming into the lake from Prefumo Creek and that silt catch basins up the
Prefumo arm and creek should be considered. She also suggested staff should be directed
to look at other processes and options that will improve the water quality.
Allen Settle, speaking as a private citizen, suggested the Council consider a progressive
sedimentation prevention program on the Prefumo Creek arm. He referred to the Federal
Clean Water and Clean Air Acts and said these need to be included in equation.
—end of public comments—
Council discussion ensued during which staff and Mr. McGowan responded to questions
raised during the public comment period and by Council.
ACTION: Received results of the Consultant studies and input from the Parks and
Recreation Commission, and provided direction to staff to: 1) investigate and
provide cost and benefit Information related to aerating the lake; 2) provide
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City Council Meeting
Tuesday, February 1, 2005, 6:45 p.m.
Page 5
additional information regarding Mayor Romero's proposal to pursue an incremental
project utilizing a suction dredge; 3) provide a cost estimate for an Oceanaire
drainage improvement project; 4) determine the relationship of lake depth to the
reduction of its turbidity; 5) investigate information related to the historical depth of
the lake; 6) determine if a more aggressive removal of sediments in the Prefumo
arm delta area would reduce the rate of siltation; 7) include in the public survey on a
potential revenue ballot measure a question as to whether residents would be
willing to fund an effort to dredge Laguna Lake; and 8) consider disposal options
other than in the park.
Council Members Mulholland and Settle returned to the dais at this time.
COUNCIL LIAISON REPORTS
Council Member Ewan reported on his attendance at a recent Air Pollution Control District
meeting and made a presentation on upcoming Community 2050 workshops sponsored by
the District and SLOCOG.
Council Member Settle discussed the activities of the League's Committee on Revenue and
Taxation particularly related to annexations (i.e., they won't receive VLF reimbursement)
and proposed changes to the pension system for local government.
Council Member Mulholland noted that she and Mayor Romero will be attending a meeting
hosted by RRM related to possible uses of the Albertson's property. They will not be taking
a position and will report back to Council on the status of the meeting.
Mayor Romero discussed his attendance at a recent Board of Supervisors meeting at which
they discussed the issue of vector control/mosquito abatement.
COMMUNICATIONS
Mayor Romero inquired whether Council wanted to take a position in support of the
fundraiser being held at the Veterans Memorial Building on February 12 for the victims of
the tsunami. While Council individually supports these types of events, they chose not to
take action to endorse them officially.
Mayor Romero noted that Dr. Howard Brown, a Cal Poly professor who was active on the
Tree Committee, recently passed away.
At the inquiry of Mayor Romero, Council concurred that they would not attend the League
of California Cities' teambuildIng conference in April.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:15 p.m. to Monday, February 14, 2005 at 11:30 a.m. in the Council Chamber,
990 Palm Street, San Luis Obispo.
Audrey Hoofer' v
City Cie rk (�
IAPPROVED BY COUNCIL: 2/1512005