HomeMy WebLinkAbout12/01/2009MINUTES
t MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 1, 2009
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
4:00 P.M. — SPECIAL MEETING — COUNCIL CHAMBER
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, and Elaina
Cano, City Clerk, were present at Roll Call. Other staff members
presented reports or responded to questions as indicated in the minutes.
BUSINESS ITEM
' THE FOLLOWING ITEM WAS CONTINUED FROM THE MEETING OF NOVEMBER 17,
2009:
Vice Mayor Settle announced that he will recuse himself from discussion and action
regarding this item due to a conflict of interest.
1. LAGUNA LAKE DREDGI
Public Works Director Walter gave a brief summary of the item following which Mayor
Romero open the public comment period.
Public Comments
Craig Kincaid, Laguna Lake Resident, spoke in support of dredging Laguna Lake.
Jonathan Lindenthaler, Laguna Lake Resident, spoke in support of dredging Laguna
Lake.
Don Green, Laguna Lake Resident, spoke in favor of civic engagement.
Arnold Ruiz, San Luis Obispo, spoke in support of civic engagement and expressed his
' interest in assisting staff in the process of restoring Laguna Lake.
—end of public comments-
City Council Meeting Page 2
Tuesday, December 1, 2009
Mayor Romero stated that the primary action for Council is to approve the Mitigated
Negative Declaration. Mayor Romero presented a PowerPoint "Action Plan" which I
included various ideas for solutions to preserve the lake.
Council Member Marx stated that there should be more than one alternative regarding
the vision of the lake before making a decision on an environmental determination. Ms.
Marx spoke in support of a civic engagement process. She suggested to defer a
decision until the results of such a process is completed and then do an environmental
and financial analysis of those alternatives. One alternative would be to return the lake
to a marsh or wetland. In addition, Ms. Manx stated that maintaining the lake as it is
today is not feasibly sustainable.
Council Member Ashbaugh asked staff about the prospects for grant funding. City
Engineer Lynch stated that there are grants available however staff would have to
continue to research all options. Mr. Ashbaugh spoke in support of citizen engagement
process which should state clear goals and objectives and involve the Parks and
Recreation Commission and also maintaining the lake as stated in the Laguna Lake
Master Plan.
Parks and Recreation Director Kiser explained the uses of the lake per the Laguna
Lake Master Plan.
Council Member Carter discussed his concerns with the costs in maintaining the lake.
Council discussion ensued during which they addressed alternatives to preserve the
lake, concerns about the initial vision of the lake and continual costs in maintaining the
lake for recreational purposes as stated in the Laguna Lake Master Plan. Council also
spoke in support of implementing a citizen engagement process.
Public Works Director Walter and City Engineer Lynch explained that the Mitigated
Negative Declaration being presented would be broad enough to include the work that
would remove material from the lake and placing it in an offsite disposal. However,
what the Mitigated Negative Declaration is not broad enough to cover any
environmental issues that would involve adjacent properties or placement of materials
in sensitive places in the park.
City Manager Hampian explained that the proposed Mitigated Negative Declaration only
covers a specific project. If the project changes that hasn't been evaluated, then more
environmental work would need to be done. In regards to the citizen engagement, Mr.
Hampian stated that the City may want to pursue a grant to hire professional
assistance. In addition, Mr. Hampian suggested that a citizen engagement process
should happen at a later date to provide more information to the citizens.
ACTION: Moved by Ashbaugh /Carter to: 1. Adopt Resolution No. 10129 (2009
Series ) approving a Mitigated Negative Declaration (ER 31 -06) for the Laguna Lake '
City Council Meeting Page 3
Tuesday, December 1, 2009
Dredging project, Specification No. 99110; motion carried 3:1 (Marx opposed, Settle
1 recused).
ACTION: Moved by Ashbaugh /Carter to direct staff to bring in expertise to assist staff
to review the alternatives as submitted in the staff report. Those alternatives would
include less cost alternatives to dredge the lake; explore alternative shape of the lake;
study future cost and maintenance; explore how the lake develops naturally; pursue
grant funding; get preliminary input from property owners; and bring back findings to
Council in six months (4:0; Settle recused).
City Attorney Lowell announced the closed session. Vice Mayor Settle returned to the
dais at 5:45 p.m.
ADJOURN TO CLOSED SESSION AT 5:45 P.M.
5:45 P.M. CLOSED SESSION — COUNCIL HEARING ROOM
ANNOUNCEMENT OF CLOSED SESSION TOPICS
PUBLIC EMPLOYMENT
Pursuant to Government Code § 54957
' Title: City Manager
APPEAL BY JOSE B.VALDIVIA OF TAXI DRIVER PERMIT DENIAL
Pursuant to Government Code § 54956.7
PUBLIC COMMENT ON CLOSED SESSION ITEMS
ADJOURN TO REGULAR MEETING
7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER
The regular meeting commenced at 7:05 p.m.
CLOSED SESSION REPORT
City Attorney Lowell reported on the Closed Session at the commencement of the 7:05
p.m. Regular Meeting. Mr. Lowell reported that the applicant withdrew his appeal and
the matter will not be heard.
PRESENTATIONS
' Mike Manchak, Economic Development Corporation, and Phil Daiquiri, SLO County
Airport, gave an update on the status of air service at the San Luis Obispo County Airport.
City Council Meeting Page 4
Tuesday, December 1, 2009
Neil Havlik, Natural Resources Manager, presented the San Luis Obispo Wildflower
Book. _--- -- ____----------------- ---- -- 1
APPOINTMENT
Al. VICE MAYOR APPOINTMENT FOR 2010.
ACTION: Moved by Settle /Marc to appoint Council Member Andrew Carter as Vice
Mayor to serve a one -year term commencing upon appointment; motion carried 5:0.
PUBLIC COMMENT
David Garth, Chamber of Commerce, presented Council with a San Luis Obispo map.
Jeni Walsh, Los Osos, announced that there is a "Needs and Wishes" fundraiser for the
Maxine Lewis Memorial Homeless Shelter on Saturday, December 12th.
Richard Margetson, also spoke about the "Needs and Wishes" fundraiser.
CONSENT AGENDA
At Mayor Romero's request, Council concurred to pull items C5 from the Consent Agenda
for discussion.
ACTION: Moved by Settle /Ashbaugh to approve the Consent Agenda as indicated
below.
There was no public comment.
Cl. MINUTES OF NOVEMBER 3, 2009.
ACTION: Moved by Settle /Ashbaugh to waive oral reading and approve as presented;
motion carried 5:0.
C2. CALIFORNIA SPACE CENTER.
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10130 (2009 Series)
supporting a proposed space center facility to be located near the main gate of
Vandenberg Air Force Base in Santa Barbara County; motion carried 5:0.
C3. ADOPTION OF ORDINANCE NO. 1536 WHICH AMENDS THE
N GOOD STANDING. 1
1
City Council Meeting
Tuesday, December 1, 2009
Page 5
ACTION: Moved by Settle /Ashbaugh to adopt Ordinance No. 1536 (2009 Series)
amending Section 12.42.100 of Chapter 12.42 of Title 12 of the Municipal Code; motion
carried 5:0.
C4. 2010 -11 FISCAL YEAR BICYCLE TRANSPORTATION ACCOUNT (BTA)
GRANT APPLICATION.
ACTION: Moved by Settle /Ashbaugh to, as recommended by the Bicycle Advisory
Committee, adopt Resolution No. 10131 (2009 Series) certifying that the City will
provide a minimum 10% funding match of $50,600 for a Bicycle Transportation Account
(BTA) grant and authorize the City Manager to execute the agreements; motion carried
5:0.
C5. APPEAL FEE WAIVER POLICY.
Council discussion ensued during which Council expressed their views regarding the
proposed policy.
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10132 (2009 Series)
establishing an appeal fee waiver policy; motion carried 4:1, Carter opposed.
C6.
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10133 (2009 Series)
accepting the public improvements, certifying completion of the required private
improvements, and releasing the sureties for Tract 2340; motion carried 5:0.
PUBLIC HEARINGS
2. APPEAL BY JOSE B. VALDIVIA OF TAXI PERMIT DENIAL.
Because the appelent withdrerw his application, this item was not heard.
3.
Chief of Police Linden presented the agenda report.
Mayor Romero opened the public hearing.
There was no public comment
1 Mayor Romero closed the public hearing.
SUP
City Council Meeting Page 6
Tuesday, December 1, 2009
ACTION: Moved by Carter /Marx to adopt Resolution No.. 10134 (2009 Series)
approving an expenditure plan for $100,000 from the Fiscal Year 2009 -10 California 1
Supplemental Law Enforcement Services Fund (SLESF) to continue funding the salary
and benefits for a Police Department Communications Technician; motion carried 5`.0.
4.
TED
WITH THE MADONNA GAP PROPERTY'S ANNEXATION.
City Manager Hampian presented the agenda report.
Mayor Romero opened the public hearing.
There was no public comment.
Mayor Romero closed the public hearing.
ACTION: Moved by Ashbaugh/Settle to facilitate the annexation of the "Madonna Gap
Property' adopt Resolution No. 10135 (2009 Series) accepting the negotiated exchange
of property tax revenues and annual tax increment that is required as a prerequisite of
any jurisdictional change by California Revenue and Tax Code Section 99; motion
carried 5:0.
5. PARTICIPATION IN ENERGY EFFICIENCY FINANCING PILOT PROGRAM. 1
Finance Manager Malicoat presented the agenda report and responded to questions.
Mayor Romero opened the public hearing.
Patricia Wilmore, PG & E, Government Relations, spoke in support of the pilot program.
Ermina Karim, SLO Chamber of Commerce, spoke in support of the pilot program.
Mayor Romero closed the public hearing.
Council discussion ensued during which they shared their support of the pilot program.
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10136 (2009 Series),
joining the CalifomiaFIRST energy efficiency improvements financing pilot program;
motion carried 5:0.
BUSINESS ITEMS
6. AMENDMENT TO THE CITY'S SMOKING PROHIBITIONS.
Principal Administrative Analyst Elke presented the agenda report. 1
City Council Meeting ` Page 7
Tuesday, December 1, 2009
Public Comments
1 The following speakers spoke in support of staffs recommendation:
Dean Meyer, San Luis Obispo
Kathleen Karle, County Public Health Department
Bob Thomas, San Luis Obispo
Christina Lefeure, County Public Health Department – Tobacco Control, spoke in support
of staffs recommendation and submitted a petition from citizens who are also in support
of staffs recommendation.
Michael Latner, Atascadero
Alice Baranik, Atascadero
Dr. Steve Hansen, County Medical Association
Pete Seerden, Tobacco Control Coalition
Laura Slaughter, Tobacco Control Coalition
Ann Hanson, San Luis Obispo, spoke in support of staffs recommendation and a more
comprehensive ban.
Wayne Hansen,Chairperson of Tobacco Control Coalition, spoke in support of staffs
recommendation and a more comprehensive ban.
Terry Treves, San Luis Obispo, spoke in support of staffs recommendation and a more
comprehensive ban.
Deborah Cash, Executive Director - Downtown Association, spoke in support of staffs
recommendation however, suggested that a comprehensive ban should be addressed at
a later time so all the downtown merchants can weigh in.
Ermina Karim, Chamber of Commerce, spoke in support of staffs recommendation,
however is not in support of a more comprehensive ban which would include the
downtown area.
Shawn McNabb, San Luis Obispo, spoke in support of staffs recommendation and a
more comprehensive ban.
Kevin Rice, San Luis Obispo spoke in opposition to staffs recommendation
—end of public comments—
Vice Mayor Carter spoke in support of staffs recommendation and a more
comprehensive ban.
Council Member Settle spoke in support of staffs recommendation and a more
comprehensive ordinance that would include a 20 foot smoking ban at the entrances of
businesses in the downtown area. Mr. Settle also supports prominent signage
referencing the governing law.
Council Member Ashbaugh and Council Member Manx concurred with Vice Mayor
Carter and Council Member Settle. Council Member Manx suggested giving the
1 downtown business owners freedom to post a "no smoking area" notice in their
business as a means to enforce.
City Council Meeting Page 8
Tuesday, December 1, 2009
Mayor Romero spoke in support of a more comprehensive ban.
City Manager Hampian suggested a subcommittee which would include representatives
from the Downtown Association and the Chamber of Commerce, members of the health
advocacy and community members to work with staff to insure that the
recommendations that will be brought back to Council within two to three months will be
the most practical and amenable.
ACTION: Moved by Ashbaugh /Settle to, as recommended by the Parks and Recreation
Commission, introduce Ordinance No. 1537 (2009 Series) to amend Chapter 8.16 of
the City's Municipal Code to ban smoking and all forms of tobacco products from city -
owned outdoor recreation areas, including Mission Plaza and its adjacent creekwalk;
motion carried 5:0.
Council directed staff to come back to council within 3 months with a city -wide
comprehensive outdoor tobacco ordinance to include a designated smoking area.
Council recessed 9:43 p.m. and reconvened at 9:57 p.m. with all members present.
7. MONTEREY STREET PARKING STRUCTURE REQUEST FOR PROPOSALS.
Director of Public Works. Walter introduced this item, following which Principal
Transportation Planner Mandeville presented the agenda report and responded to
questions.
Public Comments
Tom Swem, Parking and Access Committee - Downtown Association, spoke in support of
staffs recommendation.
John Belsher spoke in support of staffs recommendation.
- - -end of public comments—
Council discussion ensued during which they discussed their support of staffs
recommendation and concerns regarding costs and aesthetics of the parking structure.
In addition, Council amended the RFP to have the consultant provide recommendations
on the garage access locations; directed staff to propose a parking garage name as
part of development review process and approve the RFP which allows the City to
extend the consultants contract to include construction document preparation
ACTION: Moved by Settle /Ashbaugh to approve the request for proposals (RFP) for
architectural design and environmental review for the Monterey Street Parking Structure
with modifications and authorize the City Manager to award the contract within the
project budget; motion carried 5:0.
City Council Meeting Page 9
Tuesday, December 1, 2009
8. 2009 -10 CITYWIDE WINTER WEATHER PREPARATION.
City Engineer Lynch introduced this item, following which Natural Resource Manager
Havlik, and Wastewater Collections Supervisor Nance presented the agenda report and
responded to questions.
Public Comments
Brittany Borden, ask staff about the removal of plants. Natural Resource Manager Havlik
responded to her question.
—end of public comments—
Mayor Romero spoke about his concerns regarding the Downtown Flood Protection and
noticing. Council Member Settle and Ashbaugh concurred. Public Works Director
Walter responded to their concerns.
ACTION: Moved by Marx/Ashbaugh to receive and file a report on the City's 2009 -10
winter weather preparations; motion carried 5:0.
COUNCIL LIAISON REPORTS
' Council Member Manx reported on her attendance at the SLOCOG and SLORTA
meetings.
Vice Mayor Carter reported on his attendance at the CMC Citizens Advisory Committee at
CMC.
Mayor Romero reported on his attendance at the Nacimiento Project meeting.
Council Member Ashbaugh reported on his attendance at the Student Liaison Committee
COMMUNICATIONS
Council Member Settle spoke about his concern regarding the raising costs of CALPERS.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 11:14 P.M.
E aina Cano
City Clerk
1 APPROVED BY COUNCIL: 01/05/10
City Council Meeting
Tuesday, December 1, 2009
Page 10
I
i
I