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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