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HomeMy WebLinkAbout09/02/2003MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 2, 2003 - 6:30 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Moloney, Human Resources Director; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser, Principal Administrative Analyst; Neil Haviik, Natural Resources Manager; Tim Bochum, Deputy Director of Public Works ' CLOSED SESSIONS At 6:30 p.m., City Attorney Lowell provided the Closed Session announcements as follows: 1) Conference regarding property negotiations, pursuant to Government Code § 54956.8 for West Cuesta Ridge Road property. 2) Conference regarding property negotiations, pursuant to Government Code § 54956.8 for 3265 Rockview Place. The Council went in to Closed Session. At 7:00 p.m., the City Attorney reported: 1) the Council directed staff to proceed with possible acquisition, and 2) the Council directed staff to proceed with the sale of the property. INTRODUCTION Mayor Romero and CAO Hampian introduced Monica Moloney as the new Human Resources Director. PUBLIC COMMENT Gary Fowler. 777 Mill Street, commended the Council for its decision to table the North Area Regional Facility (NARF) project and requested that the City schedule a meeting with residents impacted by temporary street closures for staging the Holiday Parade. ACAO George reported that a meeting relative to the street closures for the Holiday Parade is scheduled for September 30th. Additionally, Mr. Fowler voiced opposition to any plans to close permanently any portion of Broad or Monterey Streets. City Council Meeting Page 2 Tuesday, September 2, 2003, 6:30 p.m. Bill Wilson. 1690 Southwood Dr., reiterated previous concerns about the Prado Road alignment and the design of the Damon Garcia Sports Field Complex. He requested additional information about traffic studies done on the project. CAO Hampian indicated he would provide the information. Mary Beth Schroeder, 2085 Wilding Lane, complained about the Architectural Review Commission meeting being held at the same time as the Council meeting. CONSENT AGENDA Vice Mayor Mulholland pulled item C2 and made a brief comment on C6. Council Member Settle pulled C3; Mayor Romero pulled C4 and C11 and Council Member Schwartz asked questions regarding C5, C6 and C7. Public Comments: Speaking in favor of C2: Ordinance adopting tobacco regulations: John Fischer, Oceano resident Lloyd Henning, SLO County Public Health Dept. Mary Beth Schroeder, 2085 Wilding Lane Paul Brown, 1217 Mariners Cove Gary Fowler, 777 Mill Street, spoke in opposition to C2. Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to C3 and C8. Frederic Balazs, 680 Morro Street, called attention to the fact that he sent a letter to the Promotional Coordinating Committee about how they are awarding grants -in -aid. ACAO George commented that his letter was received and reported that the PCC will review the criteria for the grants -in -aid process next winter, at which time they will consider the issues outlined in his letter. Robert Mueller, 2050 Garfield, critiqued the procedure involved in awarding the advertising contract (C3). Brett Cross 1217 Mariners Cove, spoke in opposition to C8 because he believes that accepting donations of this type will raise conflict of interest issues. Paul Brown, 1214 Mariners Cove, disagreed with the previous speaker and spoke in support Of C8. ACTION: Moved by Settle/Ewan to approve items C1, C8, C9 and C10, the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF TUESDAY, AUGUST 19. 2003. ACTION: Moved by Settle/Ewan to waive oral reading and approve as presented; motion carried 5:0. C2. FINAL ADOPTION OF ORDINANCE NO. 1440 PROVIDING FOR THE LICENSURE OF TOBACCO RETAILERS. Vice Mayor Mulholland pulled to vote no on this item. City Council Meeting Page 3 Tuesday, September 2, 2003, 6:30 p.m. ACTION: Moved by Settle/Ewan to adopt Ordinance No. 1440 (2003 Series) adding Chapter 8.14 to the San Luis Obispo Municipal Code providing for the licensure of tobacco retailers; motion carried 4:1 (Mulholland). C3. 2003 -05 COMMUNITY PROMOTIONS ADVERTISING SERVICES CONTRACT. ACAO George provided the report. Cate Norton, Promotional Coordinating Committee Member, provided background from the committee's perspective. Council questions and comments ensued. ACTION: Moved by Settle/Mulholland to approve the Promotional Coordinating Committee's (PCC) recommendation to provide funding for and execute a two -year contract with Barnett, Cox & Associates to provide advertising services in the amount of $164,900 in 2003 -04 and $182,196 for 2004 -05; motion carried 5:0. C4. MID - HIGUERA WIDENING - ENVIRONMENTAL SERVICES REQUEST FOR PROPOSAL, SPECIFICATION NO. 900736. Mayor Romero commented for the record that he continues to have concerns about the median islands due to flood control and traffic issues. ACTION: Moved by Ewan/Settle to 1) approve the Request for Proposals for the Mid - Higuera Widening Project, Specification No. 90073B. 2) Authorize staff to advertise for proposals and authorize the City Administrative Officer to award the contract if the cost is within the estimated fee; motion carried 5:0. C5. ADDITIONAL DESIGN FOR TENANT IMPROVEMENTS AT 919 PALM STREET — SPECIFICATION NO. 90323. Staff responded to Council questions. ACTION: Moved by Mulholland/Settle to approve four additional services authorizations totaling $35,925 to RRM Design Group under the agreement to furnish design services for tenant improvements at 919 Palm Street; motion carried 5:0. C6. ANIMAL SERVICES AGREEMENT. Vice Mayor Mulholland briefly commented regarding language relative to "unlimited service" and expressed concern regarding services provided by the County in the past. Staff clarified there is only one provider of this type of service at this time. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9475 (2003 Series) authorizing the Mayor to sign a three -year agreement for Animal Control Services; motion carried 5:0. C7. WATER REUSE PROJECT - MATERIALS TESTING SERVICES. Council Member Schwartz asked questions regarding contract management. Utilities Director Moss responded. City Council Meeting Tuesday, September 2, 2003, 6:30 p.m. Page 4 ACTION: Moved by Mulholland/Settle to 1) approve an agreement with Fugro West, Inc. in the amount of $84,000 for materials testing services as related to the Water Reuse Project. 2) Approve an additional 10% contingency, in the amount of $8,400, to be administered by the Utilities Director for possible additional field testing; motion carried 5:0. C8. DONATIONS FOR PAINTING FIRE ENGINES. ACTION: Moved by Settle/Ewan to 1) accept monetary donations from the community to repaint the City's fleet of fire engines red; and, 2) authorize the City Administrative Officer to enter into agreements with donors; motion carried 5:0. C9. RESERVE FIRE TRUCK. ACTION: Moved by Settle/Ewan to authorize the Fire Department to accept a 1975 Seagrave Truck from the City of Los Angeles for the amount of $1.00; motion carried 5:0. C10. ENDORSEMENT OF THE "CITIES THAT READ" CAMPAIGN. ACTION: Moved by Settle/Ewan to approve Resolution No. 9476 (2003 Series) endorsing the California Literacy, Inc., "Cities That Read" Campaign; motion carried 5:0. C11. FOOTHILL BRIDGE REPLACEMENT ENVIRONMENTAL DESIGN CONTRACT, SPECIFICATION NO. 90197A. Mayor Romero commented that the original design was based on half the work being done this year and the other half next year. He asked about the feasibility of obtaining an alternate in the bid that would provide for the work being completed in one summer, noting that this would likely require the closure of Foothill Boulevard. Police Chief Linden reported that this alternative would raise concerns about emergency access for police and fire for that extended period of time. CAO Hampian pointed out that changing the schedule of work on the bridge would impact major transit routes Council approved in a previous item. Council Member Settle agreed with the Police Chief's comments and suggested that the project remain on track as proposed. Public Works Director McCluskev commented that he will provide in the Plans and Specifications flexibility for contractors to propose options that would enable enough work to be done earlier, but added that he wants to keep one lane of traffic open at all times. Mayor Romero inquired about the possibility of using Bailey bridges. Public Works Director McCluskey reported that the bid documents will allow the use of a bridge; however one lane would still be required to remain open. Mayor Romero was satisfied with the staff's response. ACTION: Moved by Settle/Mulholland to 1) approve Amendment 5 to the Agreement with Martin, Rivett & Olson (MRO) for design and other services on the Foothill Bridge Replacement Project and authorize the Mayor to execute Amendment 5 upon receipt of the signed amendment from MRO. 2) Authorize the City Engineer to execute future amendments up to $24,000 (the remaining balance in the design account) in order to complete design, environmental work, and right of way activities in a timely manner; motion carried 5:0. City Council Meeting Page 5 Tuesday, September 2, 2003, 6:30 p.m. PUBLIC HEARING APPROVE EXPENDITURE PLAN FOR 2003 -04 STATE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS. Police Chief Linden presented the staff report and recommendation to approve. In response to inquiry from Vice Mayor Mulholland, the Chief confirmed that additional positions are not being allocated and that there will be no impact to the General Fund. Mayor Romero opened the public hearing. Mary Beth Schroeder. 2085 Wilding Lane, spoke in support. Mayor Romero closed the public hearing. ACTION: Moved by Ewan /Settle to adopt Resolution No. 9477 (2003 Series) approving an expenditure plan for $100,000 from the 2003 -04 State Supplemental Law Enforcement Services Funds (SLESF) to continue funding the salary and benefits for a Police Field Services Technician and a Communications Technician; motion carried 5:0. BUSINESS ITEM 2. ACCEPTANCE OF AN OFFER OF DONATION OF A 1.84 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD AND SOUTH HIGUERA STREET. Natural Resources Manager Havlik presented the staff report and recommendations to accept the donation. Brief questions from the Council followed. Public Comments Mary Beth Schroeder. 2085 Wilding Lane, spoke in favor. —end of public comments — Council Member Ewan suggested some form of acknowledgement to the donors. ACTION: Moved by Mulholland/Ewan to 1) adopt Resolution No. 9478 (2003 Series) authorizing the Mayor to accept the donation of a 1.84 acre parcel on the west side of San Luis Obispo Creek at Prado Road and South Higuera Street from Mr. John Kuden, his wife Marilyn, and Mr. Terry Orton, dba San Luis Creek Associates, subject to easements of record and any non - substantive changes approved by the City Attorney; 2) Authorized the Mayor to send a letter of appreciation to the donors and 3) Directed staff to determine appropriate recognition on -site for the donation; motion carried 5:0. Mayor Romero called a break at 8:40 p.m. At 8:50 p.m., the meeting resumed. L_� City Council Meeting Tuesday, September 2, 2003, 6:30 p.m. Page 6 3. 2002 ANNUAL TRAFFIC SAFETY REPORT. (Continued from 8128103). Public Works Director McCluskey and Deputy Director of Public Works Bochum presented the 2002 Annual Traffic Safety Report and associated mitigation strategies, and a report on the in- ground lighted crosswalks at the 800 blocks of Higuera and Marsh regarding performance and concerns for operational impacts to adjacent signalized intersections. Police Sergeant La Hargoue.responded to Council questions. Public Comments Mary Beth Schroeder, 2085 Wilding Lane, complained about heavy traffic, speeding and racing in the Johnson Avenue/Lizzie Street area. She encouraged more police patrol, less growth and less student housing in residential neighborhoods. —end of public comments— Council comments followed. Council Member Ewan suggested that it would be helpful to the Council if the next report would include any notable bus route issues. Vice Mayor Mulholland suggested a low tech, low cost solution for pedestrian street crossings (pedestrian flags), similar to those used in Berkeley. Police Sergeant LaHargoue reported that this is in violation of the Vehicle Code and is not an authorized traffic control officer. Mayor Romero reiterated concern about the safety of pedestrians in the mid -block crosswalks downtown and noted that he thinks that the flashing lights slow down the progression of vehicle traffic. He suggested a synchronized traffic signal on Marsh Street. ACTION: Reports received. None. COUNCIL LIAISON REPORTS COMMUNICATIONS Council authorized letters in opposition to two bills: 1) SB 744 (Dunn), which would establish a State Housing Accountability Committee, and 2) SB 18 (Burton) the "Native American Sacred Sites Protection Bill ". C City Council Meeting Page 7 Tuesday, September 2, 2003, 6:30 p.m. There being o further business to come before the City ouncil Ma r R mero adjourned 9 tY 1 the meeting at 9:58 p.m. to Tuesday, September 16, 2003 t 7: p m. m th Council Chamber, 990 Palm Street, San Luis Obispo. n APPROVED BY COUNCIL: 9/16/2003 LP:jo 1 I Lee Price; C.M.C. City Clerk 1T .