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HomeMy WebLinkAbout10/20/2009MINUTES ' SPECIAL ANDAEGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 20, 2009 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M. — SPECIAL MEETING ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Elaina Cano, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. STUDY SESSION 1. PUBLIC SAFETY IMPACT OF ALCOHOL OUTLETS IN SAN LUIS OBISPO. Police Chief Linden introduced this item, following which Dr. Fried Wittman. President of CLEW Associates presented the report and responded to questions. Public Comment David Brodie, San Luis Obispo, spoke about his concerns regarding alcohol consumption in the downtown area and support of staffs proposed strategies. Todd Newman, Manager at Downtown Brewing Company, spoke about his concern with the study included in the staff report. Mr. Newman said that he would be willing to work with the City to improve the current conditions. Sean Fades, Owner of Native Lounge, spoke about his concern regarding morphing and suggested alternatives. James Walls, Zeta Beta Tau, stated that he and his fraternity would like to be involved in the process. Ron Meier, Owner of Mo- Tavem, spoke about his concern regarding the validity of the study. City Council Meeting Page 2 Tuesday, October 20, 2009 Bill Hales, Restaurant and Bar owner, spoke about his concerns with the information submitted in the study. 1 Michael Coughlin, San Luis Obispo, spoke in opposition of the study. Mary Mitchell - Leitcher, The Soda Water Works, spoke about her concerns regarding parking and safety in the downtown area. Paul Brown, San Luis Obispo, spoke about his concerns with the information submitted in the study. Gary Fowler, San Luis Obispo, encouraged the City staff to include other agencies and local residents in future solution planning. Sandra Rowley, San Luis Obispo, spoke about her concerns regarding the overall dinning experience in the downtown area. Ermina Karim, Chamber of Commerce, agreed that there are issues that need to be addressed as so stated in the study. Ms. Karim also stated her concerns with the study. Andrea Miller, Owner of Spikes, spoke about her concerns regarding the study. Kathi Main, Kevin Main Jewelers, acknowledged the problems in the downtown I area. Ms. Main spoke in support of working toward solutions with the City. Deborah Cash, Executive Director of the Downtown Association, acknowledged the problems in the downtown area. Ms. Cash suggested additional strategies. Myrian Ofaizola, Black Sheep Bar and Grill and Buffalo Bar owner, spoke about her concern with the study included in the staff report. Ms. Ofaizola said that she would be willing to work with the City to improve the current conditions. Ben Arrona, San Luis Obispo, spoke about his concerns with the information submitted in the study. Closed Public Hearing City Manager Hampian stated that in order to ensure the City can effectively address the impacts of retail alcohol outlets, a study was necessary to begin that process. Mr. Hampian expressed that there is a need for extensive consultation with stakeholders as the City looks for solutions. Dr. Whittman responded to the question regarding documenting multiple years of data activity and other Council questions. 1 City Council Meeting Page 3 Tuesday, October 20, 2009 Council discussion ensued regarding the findings in the study. There was general ' consensus that staff should review all strategies and return with recommendations. ACTION: Moved by Ashbaugh /Carter to direct staff to develop policy recommendations in collaboration with affected stakeholders to include a consideration of a long range planning entertainment district; motion carried 5:0. The Special Meeting adjourned at 6:39 p.m. 7:00 P.M. — REGULAR MEETING Mayor Romero called the Regular Meeting to order at 7:06 p.m. All Council Members were present. INTRODUCTION Director of Finance & Information Technology Statler introduced new employee, Ameron Judge. PRESENTATIONS City Volunteer Joe Carotenuti spoke about the City's Historic Preservation Project 1 and donations made by groups and individuals. Mayor Romero then presented Certificates of Appreciation to representatives from PACE and to Dean Miller on behalf of the Mattison Family for their restoration efforts. Mayor Romero presented. James Kushing with a proclamation naming him San Luis Obispo's Poet Laureate for 2010. APPOINTMENT Al. APPOINTMENT RECOMMENDATION TO THE CULTURAL HERITAGE COMMITTEE. ACTION: Moved by Ashbaugh /Carter to, by motion, appoint Kenneth "Buzz" Kalkowski to the Cultural Heritage Committee (CHC) effective on October 20, 2009, and expiring on March 31, 2011, as recommended by the Council Subcommittee; motion carried 5:0. PUBLIC COMMENT There were no public comments. CONSENT AGENDA 1 ACTION: Moved by Settle /Carter to approve the Consent Agenda as indicated below. City Council Meeting Tuesday, October 20, 2009 Page 4 C1. MINUTES OF SEPTEMBER 15.2009. ' ACTION: Moved by Settle /Carter to waive oral reading and approve as modified; motion carried 5:0. C2. UPDATING ARCHAEOLOGICAL RESOURCE PRESERVATION PROGRAM GUIDELINES: CITY OF SAN LUIS OBISPO. APPLICANT (CHC 85 -08). ACTION: Moved by Settle /Carter to, as recommended by the Cultural Heritage Committee, adopt Resolution No. 10120 (2009 Series) updating Archaeological Resource Preservation Program Guidelines; motion carried 5:0. C3. BOB JONES TRAIL ENHANCEMENTS, SPECIFICATION NO. 90888. ACTION: Moved by Settle /Carter to: 1. Approve the Plans and Specifications for the Bob Jones Trail Enhancements, Specification No. 90888. 2. Authorize staff to advertise for construction bids. 3. Authorize the City Manager to award a construction contract if the lowest responsible bid is less than the Engineer's Estimate of $290,000; motion carried 5:0. C4. ROSEMONT PUMP STATION REPLACEMENT. ACTION: Moved by Settle /Carter to: 1. Approve the Plans and Specifications for ' the Rosemont Pump Station Replacement, Specification No. 90450. 2. Authorize the staff to advertise for construction bids. 3. Authorize the City Manager to award a construction contract if the lowest responsible bid is less than the Engineer's Estimate of $235,000; motion carried 5:0. C5. REQUEST FOR PROPOSALS: FIRE STATION ALERTING SYSTEM. ACTION: Moved by Settle /Carter to approve the request for proposals (RFP) for installation of a new fire station alerting system and authorize the City Manager to award the contract if within the budget of $292,600; motion carried 5:0. C6. COUNTY ANIMAL SERVICES CONTRACT EXTENSION FOR FY 2009 -10. ACTION: Moved by Settle /Carter to approve an amendment to the agreement with the County of San Luis Obispo for the continued provision of Animal Control Services from July 1, 2009 to June 30, 2010 in the amount of $200,256 and authorize the Mayor to execute the contract; motion carried 5:0. C7. RETROFIT FIVE TRUCKS WITH DIESEL PARTICULATE - MATTER FILTERS, SPECIFICATION NO. 90988. ACTION: Moved by Settle /Carter to: 1. Appropriate funding in the amount of $66,470 from the Capital Improvement Program Reserve account to retrofit five (5) City Council Meeting' Page 5 Tuesday, October 20, 2009 trucks with diesel particulate -matter filters and installation of a filter maintenance ' system at the Corporation Yard. 2. Approve the transfer of $66,470 from the CIP Reserve Account to the projects' equipment acquisition account for the purchase of particulate -matter filters and a filter maintenance system. 3. Authorize the Finance Director to execute a sole- source Purchase Order in the amount of $63,303 to Robert V. Jensen Petroleum Distributor for the retrofitting of five (5) trucks and a filter maintenance system; motion carried 5:0. C8. PARTICIPATION IN PROPOSITION 1A SECURITIZATION PROGRAM. ACTION: Moved by Settle /Carter to adopt Resolution No. 10121 (2009 Series) approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith; motion carried 5:0. PUBLIC HEARINGS 1. CONSIDERATION OF A GENERAL PLAN AMENDMENT AND REZONING FOR PROPERTY.LOCATED ON THE NORTH SIDE OF SOUTHWOOD DRIVE, WEST OF LAUREL LANE (GP /R ER 177-08:1050 SOUTHWOOD DRIVE). Community Development Director Mandeville introduced this item, following which Senior Planner Ricci presented the agenda report and responded to questions. Mayor Romero opened the public hearing. Mike Cannon, Applicant, spoke in favor of the project. Mayor Romero closed the public hearing. ACTION: Moved by Ashbaugh /Marx to, as recommended by the Planning Commission: 1. Adopt Resolution No. 10122 (2009 Series) approving a negative Declaration (ER 177 -08) and amending the General Plan Land Use Element (LUE) map to change the land use designation of 1050 Southwood from Services & Manufacturing to Office, based on findings. 2. Introduce Ordinance No. 1535 (2009 Series ) approving an amendment to the Zoning Map for 1050 Southwood from Manufacturing Planned Development (M -PD) to Office (0), based on findings; motion carried 5:0. 2. ANNUAL PUBLIC HEARING FOR THE TOURISM t Principal Administrative Analyst Elke presented the agenda report and responded to questions. City Council Meeting Page 6 Tuesday, October 20, 2009 Mayor Romero opened the public hearing. 1 John Conner, Chair of the TBID, spoke in support of the TBID. Mayor Romero closed the public hearing. ACTION: Moved by Carter /Settle to: 1. Conduct a public hearing to receive testimony regarding the Council's intention to continue the citywide Tourism Business Improvement District. 2. Ruled upon any protests. 3. Because a legally sufficient protest showing was not made, introduced Resolution No. 10123 (2009 Series ) affirming the establishment of the San Luis Obispo Tourism Business Improvement District, setting forth the basis for the assessment, and levying the assessment upon hotels in the district for fiscal year 2009 -10; motion carried 5:0. BUSINESS ITEMS By Consensus, Council agreed to hear Business Item 4 prior to Business Item 3. 3. POSTPONEMENT OF THE RELINQUISHMENT OF HIGHWAY 227 TO THE CITY. Public Works Director Walter introduced this item, following which Public Works 1 Deputy Director Lynch presented the agenda report and responded to questions. Public Comments Eileen Lowe, CalTrans, spoke in support of the City moving forward with the relinquishment of Highway 227. Ms. Lowe responded to Council questions. —end of public comments — Council discussion ensued, during which Council discussed the potential positives and negatives of the State relinquishing Highway 227 to the City. Moved by Carter /Ashbaugh direct staff to postpone relinquishment of Highway 227 to approximately July 2011. Public Works Director Walter responded to Council questions regarding delaying the relinquishment to July 2011. Council Member Carter withdrew his first motion. ACTION: Moved by Carter/ Marx to proceed with the relinquishment of Highway 227; motion carried 3:2 (Romero/Settle opposed). Mayor Romero stated that 1 City Council Mee't'ing'-' Page 7 Tuesday, October 20, 2009 moving forward with the relinquishment will result in major ongoing city expenses for ' future maintenance and improvements to the City. Vice Mayor Settle concurred. Council Members Ashbaugh, Carter, and Marx felt that the Council should follow through with its previously expressed desire for the State to relinquish Highway 227 to the City. These Council Members also believe that City control will facilitate achievement of the South Broad Street Plan. 4. SOUTH STREET MEDIAN ISLAND LANDSCAPE OPTIONS. Public Works Director Walter introduced this item, following which Public Works Deputy Director Lynch presented the agenda report and responded to questions. Public Comments Eileen Lowe, CalTrans, responded to Council questions and spoke in favor of the waterless option. —end of public comments— Mayor Romero and Vice Mayor Settle spoke in favor of the waterless option. ACTION: Moved by Carter /Marx to direct staff to proceed with a minimal planting option which would include irrigation and sustainable, drought resistant plants for the South Street median consistent with Cal Trans guidelines and submit a Capital Improvement Project request with a more detailed project definition and budget for the 2010 -11 Financial Plan Supplement; motion carried 3:2 (Romero and Settle opposed). Council recessed at 8:53 p.m. and reconvened at 9:03 p.m. with all members present. 5. FIRE ENGINE/TRUCK PURCHASE. Fire Chief Callahan presented the agenda report and responded to questions. Public Comments Gary Fowler, San Luis Obispo, spoke in opposition of the fire engine purchase. - -end of public comments - -- ACTION: Moved by Carter/ Ashbaugh to: 1. Approve a sole source acquisition of a Pierce Tillered Aerial Quint. 2. Authorize the Mayor to enter into a purchase 1 agreement with Pierce Manufacturing..in the. amount of $1,014,181.46 (including sales tax); motion carried 4:1 (Settle opposed). City Council Meeting Page 8 Tuesday, October 20, 2009 6. FOXPRO APPLICATION REPLACEMENT. Director of Finance & Information Technology Statler presented the agenda report and responded to questions. Public Comments Wes McKee, Bonnie McKee's brother, spoke in support of staffs recommendation. —end of public comments— ACTION: Council reviewed and discussed the City's Visual FoxPro application replacement project plan. COUNCIL LIAISON REPORTS Council Member Manx reported on her attendance at the October 7, 2009, SLOCOG and SLORTA meeting. City Manager Hampian and Mayor Romero gave an update on their meeting with Union Pacific Railroad. -------------------------- -__- -_ --- _- --____ COMMUNICATIONS Council Member Carter reported on his attendance at a meeting he attended at Sierra Vista Hospital. Vice Mayor Settle spoke about his concem regarding a proposed FPPC requirement, which City Attorney Lowell will be reviewing. Mayor Romero reported on the Historic Railroad Celebration. Council Member Marx spoke about her concerns regarding the fee for the commemorative tree planting. Assistant City Manager Stanwyck stated that a review of this fee will be included in the Tree Ordinance revision. Council Member Ashbaugh reported his tour of the open space. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:49 p.m. Elaina Cano 1 City Council Meeting Page 9 Tuesday, October 20, 2009 Interim City Clerk APPROVED BY COUNCIL: 11/17/09 1 1