HomeMy WebLinkAbout07/06/2010MINUTES
MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 6, 2010
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
2:00 P.M. — CLOSED SESSION — 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, Shelly
Stanwyck, 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 LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Rick Bolanos
Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA),
San Luis Obispo Police Officers' Association (POA) and
San Luis Obispo City Firefighters, Local 3523
Unrepresented Employees: Confidential Employees, Unrepresented Management
Employees
PUBLIC COMMENT ON CLOSED SESSION .ITEM
Mayor Romero called for public comments. None were forthcoming and the meeting
adjoumed to the Closed Session.
CLOSED SESSION REPORT
City Attorney Dietrick reported on the.Closed Session at the commencement of the 4:00
p.m. Special Meeting.
The Closed Session adjoumed at 3:55 p.m.
City Council Meeting
Tuesday, July 6, 2010
Page 2
4:00 P.M. — SPECIAL MEETING — COUNCIL CHAMBER
Mayor Romero called the Special Meeting to order at 4 :00 p.m. All Council Members
were present.
CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Session to have a conference
with Labor Negotiators as indicated above. No further reportable action was taken.
BUSINESS ITEMS
1. HIGHWAY 1 MAJOR INVESTMENT STUDY.
.Deputy Director Bochum introduced this item, following which Traffic Operations
Manager. Hudson, presented the agenda report and responded to questions.
Public Comments
Jessica Berry, San Luis Obispo Council of Government, spoke in support of staffs
recommendation and commended staff for working collaboratively with SLOCOG.
—end of public comments-- -
Council Member Ashbaugh suggested that an undercrossing at Highway 1 and Boysen
Avenue should be a priority. In addition, Mr. Ashbaugh suggested that a connection
from Highway 1 thru Camp San Luis Obispo to O'Conner Way should be considered for
a short term traffic relief alternative.
Vice Mayor Carter spoke in. opposition to a connection between Highway 1 and
O'Conner Way. Mr. Carter stated his support for a roundabout at the intersection of
Foothill Boulevard and Highway 1.
Council Member Marx spoke in opposition using O'Connor way as a bypass. Ms. Marx
spoke in support of an underpass or overpass at Foothill Boulevard and Santa_ Rosa.
Street.
Council Member Settle spoke in support of staffs recommendation.
Mayor Romero, spoke about future improvements to O'Conner Way that would allow
more accessibility. Mr. Romero spoke in support of a pedestrian crossing at Boysen
Avenue and Highway 1, improvements at. Foothill Boulevard and Santa Rosa Street,
and addressing the traffic flow on Santa Rosa Boulevard between Walnut Street and
Olive Street.
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Tuesday, July 6, 2010
Mayor Romero suggested that the consultant include a small section in the report that
would indicate how traffic movement on O'Conner Way would help improve traffic
movement in that area for primary access to Cuesta College.
There was no Council consensus to add the above language to the motion.
ACTION: Moved by Settle /Ashbaugh to: 1. Receive and discuss the, draft Major
Investment Study for State Route 1 between Stenner Creek Road and the Highway 101
interchange. 2. Adopt Resolution No. 10192 (2010 Series) endorsing the Major
Investment Study with modifications; motion carried 5:0.
2. RESPONSE TO THE GRAND.JURY REPORT — LEAF BLOWER HAZARDS.
Community Development Director Mandeville introduced this item, following which Chief
Building Official Girvin presented the agenda report and responded to questions.
Public Comments
There was no public comment.
---end of public comments—
Council discussion ensued during which they discussed emissions, enforcement, noise,
impacts of leaves and debris in the storm drains, and phasing out of the City's use of 2
cycle leaf blowers.
ACTION: Moved by Carter /Settle to.direct the City Manager.to respond to the Grand
Jury on behalf of the City Council stating that 1) City staff will phase out the use of 2
cycle leaf blowers for the City's own use. 2) At this time, the City does not feel it is
practical to phase out all 2 cycle leaf blowers within the City for private use due to
limitations on the City's ability to enforce a prohibition. 3) City would encourage State
level action to consider a prohibition on the sale of 2 cycle leaf blowers, which the City
believes would be the more effective method of achieving the goal of phasing out 2
cycle leaf blowers; motion carried 4:1 (Marx opposed).
3. CONSID
IT A
Chief of Police Linden presented the agenda report and responded to questions.
Public Comments
There was no public comment.
—end of public comments ---
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Tuesday, July 6, 2010
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ACTION: Moved by Marx/Settle to direct staff to have discussions and provide
proposal if warranted; motion carved 5:0.
ADJOURN TO CLOSED SESSION AT 6:30 P.M.
CLOSED SESSION IMMEDIATELY FOLLOWING THE 4:00 P.M. SPECIAL MEETING
— COUNCIL HEARING ROOM
ANNOUNCEMENT OF CLOSED SESSION-TOPIC
City Attorney Dietrick announced the following Closed Session topic.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
PROPERTY: 1106 Oceanaire Drive
NEGOTIATING PARTIES:
City of San Luis Obispo: Jay Walter and Hamner, Jewell & Associates
Government Real Estate Services
Property Owner: Windermere Homeowners Association
NEGOTIATIONS: Possible acquisition of property
PUBLIC COMMENT ON CLOSED SESSION ITEM
Mayor Romero called for public comments. None were 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 7:00 p.m.
7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER
Mayor Romero called the Regular Meeting to order at 7:04 p.m. All Council Members
were present.
City Council Meeting
Tuesday, July 6, 2010
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CLOSED SESSION REPORT
City Attorney Dietrick reported that Council met in Closed Session to discuss Property
Negotiations as indicated above. Council provided direction to staff to negotiate for the
acquisition during which Mayor Romero was in opposition.
PRESENTATION
Mayor Romero presented a proclamation to Shelly Stanwyck, Acting Parks and
Recreation Director, in recognition of June 2010 Parks and Recreation Month in the City
of San. Luis Obispo.
APPOINTMENTS
Al. APPOINTMENTS
PROMOTIONAL
City Clerk Cano presented the agenda report.
ACTION: Moved by Settle /Marx, in accordance with the recommendations of the
Council Subcommittees, to make appointments to the City's advisory bodies as follows:
1. Cultural Heritage Committee (Subcommittee Members Marx and Romero) — Appoint
Enrica Costello to the Cultural Heritage Committee (CHC) effective July 6, 2010, and
expiring on March 31, 2014, 2. Promotional Coordinating Committee (Subcommittee .
Members Carter and Settle) = Appoint Marilyn Fidler to the Promotional Coordinating
Committee (PCC) effective July 6, 2010, and expiring on March 31, 2012; motion
carried 5:0.
PUBLIC COMMENT
Derek. Ehinger, Atascadero, spoke about his concems regarding claims that he has
submitted to the City.
City Attorney Dietrick stated that staff has met with both Mr. Ehinger and his legal
counsel, have reviewed his claims and offered to settle the disputed items. There has
been no information in the subsequence correspondences that hasn't been reviewed and
considered by staff previously. Ms. Dietrick has directed Mr. Ehinger to move through the
claims process if he continues to dispute the claims.
Tenn Mohan,. San Luis Obispo, spoke about his concerns regarding the Sustainability
Task Force, banners in front of businesses, and City staff that use Segway's.
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City Council Meeting
Tuesday, July 6, 2010
ANNOUNCEMENT
Fire Chief Callahan announced his retirement date of November 2010.
CONSENT AGENDA
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ACTION: Moved by Settle /Ashbaugh to approve the Consent Agenda as indicated
below.
C1. MINUTES OF APRIL 20 AND MAY 4, 2010.
ACTION: Moved by Settle /Ashbaugh to waive oral reading and approve as presented;
motion carried 5:0.
C2.
THE GRAND JL
ACTION: Moved by Settle /Ashbaugh direct the City Manager to respond to the Grand
Jury on behalf of_the City Council and implement the recommendations offered in the
Grand Jury report, as follows: 1. The Community Development Department should take
advantage of training opportunities facilitated by the County of San Luis Obispo
regarding the Community Development Block Grant Program. 2. The Community
Development Department should immediately implement the changes they proposed to
help prevent future Block Grant violations. 3. The Community Development Department
should actively monitor current Block Grant activity at Judson Terrace Homes until the
current prevailing wage issue has been resolved and the 18 wall heaters have been
installed. 4. Recipients of Block Grant funds for specific projects should, when
appropriate, be encouraged to communicate project scope and timeline information to
potentially affected community members; motion carried 5:0.
C3. AFFORDABLE HOUSING AWARD FOR SAN LUIS OBISPO COUNTY
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10193 (2010 Series)
approving an Affordable Housing Fund award in the amount of $30,000 for the San Luis
Obispo County Housing Trust Fund; motion carried 5:0.
C4.
ACTION: Moved by Settle /Ashbaugh to: 1. Approve plans and specifications for the
Microsurfacing Summer 2010 Project, Specification No. 90986. 2. Approve plans and
specifications for the Street Reconstruction Summer 2010 Project, Specification No.
90985. 3. Authorize staff to advertise for bids and authorize the City Manager to award
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City Council Meeting
Tuesday, July 6, 2010
Page 7
the contract if the lowest responsible bid for the Microsurfacing Summer 2010 Project is
within the Engineer's Estimate of $991,4.71: 4. Authorize staff to advertise for bids and
authorize the City Manager to award the contract if the lowest responsible bid for the
Street Reconstruction Summer 2010 Project is within the Engineer's Estimate of
$892,245; motion carried 5:0.
C5. APPROVAL OF MILLS ACT CONTRACT FOR THE HIS'
ACTION: Moved by Settle /Ashbaugh, as recommended by the Cultural Heritage
Committee (CFTC), to adopt Resolution No. 10194 (2010 Series) approving a Mills Act
contract for the historic Sandercock House located at 535 Islay Street (CHCMA 23 -10);
motion carried 5:0.
C6. APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC VARD
— SHEPHARD HOUSE (CHCMA.17 -10).
ACTION: Moved by Settle /Ashbaugh, as recommended by the Cultural Heritage
Committee (CHC), to adopt Resolution No. 10195 (201.0 Series) approving a Mills Act
contract for the historic Vard Shephard house located at 148 Broad Street; motion
carried 5 :0.
C7. WATERLINE IMPROVEMENTS – _VARIOUS_ LOCATIONS, SPECIFICATION
NO. 90935.
ACTION: Moved by Settle /Ashbaugh to: 1. Approve the plans and specifications for the
'Waterline Improvements, Various Locations" Project, Specification No. 90935. 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 $598,412;
motion carried 5:0.
C8. CONTRACT WITH COUNTY FOR ANIMAL _CARE AND CONTROL SERVIC
FOR FISCAL YEAR 2010 -13.
ACTION: Moved by Settle /Ashbaugh to approve a three -year contract with the County
of San Luis Obispo for the continued provision of Animal Care and Control Services
from July 1, 2010, to June 30, 2013, in the amount.of $151,346 for the first year, with
Consumer Price Index (CPI) adjustments thereafter, and authorize the Mayor to execute
the contract; motion carried 5:0.
C9. ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION FOR 2010. .
ACTION: Moved by Settle /Ashbaugh to: 1. Authorize staff to submit a grant application
$217,559 to the Federal Assistance to Firefighters Grant Program to fund training for
fire suppression personnel. 2. If grant is awarded, authorize the City Manager to accept
and appropriate the funds to the Fire Department Training budget; motion carried 5:0.
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Tuesday, July 6, 2010
Page 8
C10. .AMENDMENT TO. CHAPTER 17.88 OF-THE MUNICIPAL CODE RELATING
TO RESIDENTIAL. GROWTH- MANAGEMENT (GP /ER 133 -09).
ACTION: Moved by Settle /Ashbaugh to adopt Ordinance-No. 1550 (2010 Series) to
reflect adopted changes to Land use Element policies 1.10.2 and 1.10.3; motion carried
5:0.
C11.
)LLECTION AN
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10196 (2010 Series)
authorizing the San Luis Obispo County Assessor to`.assess the amounts due to San
Luis Garbage Company on delinquent accounts for provision of solid waste collection
and disposal services as described in City Municipal Code Section 8.04.070 as liens
against the properties involved; motion carried 5:0.
C12. 2009 -10 COMMUNITY PROMOTIONS CONTRACTS.
ACTION: Moved by Settle /Ashbaugh to: 1. As recommended by the Tourism Business
Improvement District (TBID) Board, extend the contract for Marketing Services for the
TBID (Specification No. 90895) with Level Studios for an additional two years and
authorize the Mayor to execute the amendment to the agreement in the amount of
$750,000. 2. Authorize the City Manage..( to enter into various contracts for Community
Promotions not to exceed the 2010 -11 budget amount of $367,900 and based on the
recommendations by the Promotional Coordinating Committee (PCC) and the Tourism
Business Improvement District (TBID) Board. 3. Authorize the City Manager to enter
into contracts utilizing the Tourism Business Improvement District Fund un- appropriated
fund balance from the 2009 -10 fiscal year for tourism marketing expenditures in 2010-
11; motion carried 5:0.
C13. MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES
BUREAU OF LAND MANAGEMENT REGARDING 78 ACRES OF LAND NEAR
ACTION: Moved by Settle /Ashbaugh to:. Authorize the Mayor to execute a
Memorandum of Understanding (MOU) with the United States Bureau of Land
Management (BLM), regarding the- management of a 78 acre parcel of land in the Irish
Hills adjacent to the Froom Ranch, near the City of San Luis Obispo, subject to City
Attorney approval of the final MOU; motion carried 5:0.
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PUBLIC HEARINGS
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4. WATER AND WASTEWATER MANAGEMENT ELEMENT UPDATE (GPA/ER 11-
10 ).
Utilities Director Mattingly introduced this item, following which Water Division Manager
Henderson, and Wastewater Division Manager Hix, presented the agenda report and
responded to questions.
Mayor Romero opened the, public hearing:
Terry Mohan, San Luis Obispo, spoke about his concerns regarding using additional
water reserves for development and growth.
Mayor Romero closed the public hearing.
Council commended staff and spoke in support of staffs recommendation.
ACTION: Moved by Settle /Marx, as recommended by the Planning Commission, adopt
to Resolution No. 10197 (2010 Series) approving the Negative Declaration of
Environmental Impact and the July 2010 Water and Wastewater Management Element
of the General Plan as amended; motion carried 5:0.
5.
GARBAGE COMPANY.
WASTE. RECYCLIN
Utilities Director Mattingly introduced this item, following which Utilities Conservation
Manager Munds presented the agenda report and .responded to questions.
Mayor Romero opened the public hearing.
There was no public comment.
Mayor Romero closed the public hearing.
ACTION: Moved by Marx/Ashbaugh to introduce to print Ordinance No. 1551 (2010
Series ) granting San Luis Garbage Company 15 -year franchise agreements; one each
for solid waste, recycling, and green waste collection and disposal services; motion
carried 5:0.
6. DEFER PARKING METER RATE INCREASES_ AND PARKING STRUCTURE
RATE INCREASES.
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Tuesday, July 6, 2010
Public Works Director Walter introduced this item, following which Parking Services
Manager Horch 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/Carter to: 1. Introduce Ordinance No. 1552 (2010
Series ) to defer an increase to non -core parking meter rates to $1 until July 1, 2011,
under San Luis Obispo-Municipal Code Section 10.52.010. 2. Adopt Resolution No..
10198 (2010 Series) to defer an increase of parking structure rates to $1 an hour until
July 1, 2011; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Marx reported on her attendance at the Local Government Commission
meeting.
Mayor Romero spoke about his attendance at the Mayor's meeting.
COMMUNICATIONS
Council Member Ashbaugh spoke of his attendance at the San Luis Obispo Blues
Baseball game, Betsy Kiser's retirement.
Council Member Settle discussed the Parks Tour.
Council Member Marx asked City Manager Lichtig for an update regarding the Financial
Sustainability Task Force. City Manager Lichtig responded to Council Member Marx's
request.
City Manager Lichtig introduced Michael Codron, Acting Assistant City Manager.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 8:55 p.m.
z2,
ina Cano, CMC
City Clerk
APPROVED BY COUNCIL: 10/05/10