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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. City Council. Meeting Page 3 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 --- City Council Meeting Tuesday, July 6, 2010 Page 4 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 Page 5 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. 1 City Council Meeting Tuesday, July 6, 2010 ANNOUNCEMENT Fire Chief Callahan announced his retirement date of November 2010. CONSENT AGENDA Page 6 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 1 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. City Council Meeting 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. 1 1 I- n City Council Meeting Tuesday, July 6, 2010 PUBLIC HEARINGS Page 9 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. City Council Meeting Page 10 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