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Home My WebLink About10/05/2010, C1 - MINUTESMEETING AGENDA .. DATE,Mfr//?),ITEM #ei MINUTE S MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, JULY 6, 201 0 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNI A 2 :00 P .M . — CLOSED SESSION — COUNCIL HEARING ROO M ROLL CALL : Council Member s Present :Council Members John Ashbaugh, Jan Howell Marx, Allen K . Settle, Vic e Mayor Andrew Carter, and Mayor Dave Romer o City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Shell y Stanwyck, Assistant City Manager, and Elaina Cano, City Clerk, wer e present at Roll Call . Other staff members presented reports or responde d to questions as indicated in the minutes . ----------------------------------------------------------------------------------------------------------------- ANNOUNCEMENT OF CLOSED SESSION TOPI C City Attorney Dietrick announced the following Closed Session topic . CONFERENCE WITH LABOR NEGOTIATOR S 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) an d San Luis Obispo City Firefighters, Local 352 3 Unrepresented Employees :Confidential Employees, Unrepresented Managemen t Employees PUBLIC COMMENT ON CLOSED SESSION ITE M Mayor Romero called for public comments . None were forthcoming and the meetin g adjourned to the Closed Session . CLOSED SESSION REPOR T City Attorney Dietrick reported on the Closed Session at the commencement of the 4 :0 0 p .m . Special Meeting . The Closed Session adiourned at 3 :55 p .m . City Council Meeting Page 2 Tuesday, July 6, 201 0 ----------------------------------------------------------------------------------------------------------------- 4 :00 P .M . — SPECIAL MEETING — COUNCIL CHAMBE R Mayor Romero called the Special Meeting to order at 4 :00 p .m . All Council Member s were present. ----------------------------------------------------------------------------------------------------------------- CLOSED SESSION REPOR T City Attorney Dietrick reported that Council met in Closed Session to have a conferenc e with Labor Negotiators as indicated above . No further reportable action was taken . ----------------------------------------------------------------------------------------------------------------- BUSINESS ITEM S 1 .HIGHWAY 1 MAJOR INVESTMENT STUDY . Deputy Director Bochum introduced this item, following which Traffic Operation s Manager Hudson,presented the agenda report and responded to questions . Public Comment s Jessica Berry,San Luis Obispo Council of Government, spoke in support of staff s recommendation and commended staff for working collaboratively with SLOCOG . ---end of public comments--- Council Member Ashbaugh suggested that an undercrossing at Highway 1 and Boyse n Avenue should be a priority . In addition, Mr. Ashbaugh suggested that a connectio n from Highway 1 thru Camp San Luis Obispo to O'Conner Way should be considered fo r a short term traffic relief alternative . Vice Mayor Carter spoke in opposition to a connection between Highway 1 an d O'Conner Way . Mr. Carter stated his support for a roundabout at the intersection o f 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 Ros a Street . Council Member Settle spoke in support of staffs recommendation . Mayor Romero spoke about future improvements to O'Conner Way that would allo w more accessibility . Mr . Romero spoke in support of a pedestrian crossing at Boyse n Avenue and Highway 1, improvements at Foothill Boulevard and Santa Rosa Street , and addressing the traffic flow on Santa Rosa Boulevard between Walnut Street an d Olive Street . City Council Meeting Page 3 Tuesday, July 6, 201 0 Mayor Romero suggested that the consultant include a small section in the report tha t would indicate how traffic movement on O'Conner Way would help improve traffi c 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 Majo r Investment Study for State Route 1 between Stenner Creek Road and the Highway 10 1 interchange . 2 . Adopt Resolution No . 10192 (2010 Series)endorsing the Majo r 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 Comment s 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 Gran d 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 i s practical to phase out all 2 cycle leaf blowers within the City for private use due t o limitations on the City's ability to enforce a prohibition . 3) City would encourage Stat e level action to consider a prohibition on the sale of 2 cycle leaf blowers, which the Cit y 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.CONSIDERATION OF REQUEST TO SUBMIT A PROPOSAL TO PROVID E CONTRACT DISPATCH SERVICES . Chief of Police Linden presented the agenda report and responded to questions . Public Comment s There was no public comment . ---end of public comments--- City Council Meeting Page 4 Tuesday, July 6, 201 0 ACTION :Moved by Marx/Settle to direct staff to have discussions and provid e proposal if warranted ; motion carried 5 :0 . ADJOURN TO CLOSED SESSION AT 6 :30 P .M . ----------------------------------------------------------------------------------------------------------------- CLOSED SESSION IMMEDIATELY FOLLOWING THE 4 :00 P .M . SPECIAL MEETIN G — COUNCIL HEARING ROO M ANNOUNCEMENT OF CLOSED SESSION TOPI C City Attorney Dietrick announced the following Closed Session topic . CONFERENCE REGARDING PROPERTY NEGOTIATION S Pursuant to Government Code § 54956 .8 PROPERTY :1106 Oceanaire Drive NEGOTIATING PARTIES : City of San Luis Obispo :Jay Walter and Hamner, Jewell & Associate s Government Real Estate Services Property Owner :Windermere Homeowners Associatio n NEGOTIATIONS :Possible acquisition of propert y PUBLIC COMMENT ON CLOSED SESSION ITE M Mayor Romero called for public comments . None were forthcoming and the meetin g adjourned to the Closed Session . CLOSED SESSION REPOR T City Attorney Dietrick reported on the Closed Session at the commencement of the 7 :0 0 p .m . Regular Meeting . The Closed Session adjourned at 7 :00 p .m . ----------------------------------------------------------------------------------------------------------------- 7 :00 P .M . — REGULAR MEETING — COUNCIL CHAMBE R Mayor Romero called the Regular Meeting to order at 7 :04 p .m . All Council Members were present . City Council Meeting Page 5 Tuesday, July 6, 201 0 ----------------------------------------------------------------------------------------------------------------- CLOSED SESSION REPOR T City Attorney Dietrick reported that Council met in Closed Session to discuss Propert y Negotiations as indicated above. Council provided direction to staff to negotiate for th e acquisition during which Mayor Romero was in opposition . ----------------------------------------------------------------------------------------------------------------- PRESENTATIO N Mayor Romero presented a proclamation to Shelly Stanwyck, Acting Parks an d Recreation Director, in recognition of June 2010 Parks and Recreation Month in the Cit y of San Luis Obispo . ----------------------------------------------------------------------------------------------------------------- APPOINTMENTS A1 .APPOINTMENTS TO THE CULTURAL HERITAGE COMMITTEE (CHC) AND TH E PROMOTIONAL COORDINATING COMMITTEE (PCC). City Clerk Cano presented the agenda report . ACTION :Moved by Settle/Marx,in accordance with the recommendations of th e Council Subcommittees, to make appointments to the City's advisory bodies as follows : 1 . Cultural Heritage Committee (Subcommittee Members Marx and Romero) — Appoin t Enrica Costello to the Cultural Heritage Committee (CHC) effective July 6, 2010, an d expiring on March 31, 2014 . 2 . Promotional Coordinating Committee (Subcommittee Members Carter and Settle) — Appoint Marilyn Fidler to the Promotional Coordinatin g Committee (PCC) effective July 6, 2010, and expiring on March 31, 2012 ; motio n carried 5 :0 . ----------------------------------------------------------------------------------------------------------------- PUBLIC COMMEN T Derek Ehinger l Atascadero, spoke about his concerns regarding claims that he ha s submitted to the City . City Attorney Dietrick stated that staff has met with both Mr . Ehinger and his lega l counsel, have reviewed his claims and offered to settle the disputed items . There ha s been no information in the subsequence correspondences that hasn't been reviewed an d considered by staff previously . Ms . Dietrick has directed Mr. Ehinger to move through th e claims process if he continues to dispute the claims . Terry Mohan,San Luis Obispo, spoke about his concerns regarding the Sustainabilit y Task Force, banners in front of businesses, and City staff that use Segway's . City Council Meeting Page 6 Tuesday, July 6, 201 0 ----------------------------------------------------------------------------------------------------------------- ANNOUNCEMEN T Fire Chief Callahan announced his retirement date of November 2010 . ----------------------------------------------------------------------------------------------------------------- CONSENT AGEND A ACTION :Moved by Settle/Ashbaugh to approve the Consent Agenda as indicate d below . CI .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.RESPONSE TO THE GRAND JURY REPORT, COMMUNITY DEVELOPMEN T BLOCK GRANTS AND THE CITY OF SAN LUIS OBISPO . ACTION :Moved by Settle/Ashbaugh direct the City Manager to respond to the Gran d Jury on behalf of the City Council and implement the recommendations offered in th e Grand Jury report, as follows : 1 . The Community Development Department should tak e advantage of training opportunities facilitated by the County of San Luis Obisp o regarding the Community Development Block Grant Program . 2 . The Community Development Department should immediately implement the changes they proposed t o help prevent future Block Grant violations . 3 . The Community Development Departmen t should actively monitor current Block Grant activity at Judson Terrace Homes until th e current prevailing wage issue has been resolved and the 18 wall heaters have bee n installed . 4 . Recipients of Block Grant funds for specific projects should, whe n appropriate, be encouraged to communicate project scope and timeline information t o potentially affected community members ; motion carried 5 :0 . C3.AFFORDABLE HOUSING AWARD FOR SAN LUIS OBISPO COUNT Y HOUSING TRUST FUND . 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 Lui s Obispo County Housing Trust Fund ; motion carried 5 :0 . C4.MICROSURFACING SUMMER 2010 PROJECT, SPECIFICATION NO . 90986 , AND STREET RECONSTRUCTION SUMMER 2010 PROJECT , SPECIFICATION NO. 90985 . ACTION :Moved by Settle/Ashbaugh to : 1 . Approve plans and specifications for th e Microsurfacing Summer 2010 Project, Specification No . 90986 . 2 . Approve plans an d 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 City Council Meeting Page 7 Tuesday, July 6, 201 0 the contract if the lowest responsible bid for the Microsurfacing Summer 2010 Project i s within the Engineer's Estimate of $991,471 . 4 . Authorize staff to advertise for bids an d authorize the City Manager to award the contract if the lowest responsible bid for th e Street Reconstruction Summer 2010 Project is within the Engineer's Estimate o f $892,245 ; motion carried 5 :0 . C5.APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC SANDERCOC K HOUSE (CHCMA 23-10). ACTION :Moved by Settle/Ashbaugh,as recommended by the Cultural Heritag e Committee (CHC), to adopt Resolution No . 10194 (2010 Series)approving a Mills Ac t 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 VAR D SHEPHARD HOUSE (CHCMA 17-10). ACTION :Moved by Settle/Ashbaugh,as recommended by the Cultural Heritag e Committee (CHC), to adopt Resolution No . 10195 (2010 Series) approving a Mills Ac t contract for the historic Vard Shephard house located at 148 Broad Street ; motio n carried 5 :0 . C7.WATERLINE IMPROVEMENTS – VARIOUS LOCATIONS, SPECIFICATIO N NO . 90935 . ACTION :Moved by Settle/Ashbaugh to : 1 . Approve the plans and specifications for th e "Waterline Improvements, Various Locations" Project, Specification No . 90935 . 2 . Authorize staff to advertise for bids and authorize the City Manager to award th e 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 SERVICE S 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 Service s from July 1, 2010, to June 30, 2013, in the amount of $151,346 for the first year, wit h Consumer Price Index (CPI) adjustments thereafter, and authorize the Mayor to execut e 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 applicatio n $217,559 to the Federal Assistance to Firefighters Grant Program to fund training fo r 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 Page 8 Tuesday, July 6, 201 0 C10.AMENDMENT TO CHAPTER 17 .88 OF THE MUNICIPAL CODE RELATIN G 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 carrie d 5 :0 . C11.COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AN D DISPOSAL ACCOUNTS . 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 Sa n Luis Garbage Company on delinquent accounts for provision of solid waste collectio n and disposal services as described in City Municipal Code Section 8 .04 .070 as lien s 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 Busines s Improvement District (TBID) Board, extend the contract for Marketing Services for th e TBID (Specification No . 90895) with Level Studios for an additional two years an d authorize the Mayor to execute the amendment to the agreement in the amount o f $750,000 . 2 . Authorize the City Manager to enter into various contracts for Communit y Promotions not to exceed the 2010-11 budget amount of $367,900 and based on th e recommendations by the Promotional Coordinating Committee (PCC) and the Touris m Business Improvement District (TBID) Board . 3 . Authorize the City Manager to ente r into contracts utilizing the Tourism Business Improvement District Fund un-appropriate d 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 STATE S BUREAU OF LAND MANAGEMENT REGARDING 78 ACRES OF LAND NEA R THE CITY OF SAN LUIS OBISPO . ACTION :Moved by Settle/Ashbaugh to : Authorize the Mayor to execute a Memorandum of Understanding (MOU) with the United States Bureau of Lan d Management (BLM), regarding the management of a 78 acre parcel of land in the Iris h Hills adjacent to the Froom Ranch, near the City of San Luis Obispo, subject to Cit y Attorney approval of the final MOU ; motion carried 5 :0 . City Council Meeting Page 9 Tuesday, July 6, 201 0 ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARING S 4. WATER AND WASTEWATER MANAGEMENT ELEMENT UPDATE (GPAIER 11 - Utilities Director Mattingly introduced this item, following which Water Division Manage r Henderson,and Wastewater Division Manager Hix, presented the agenda report an d responded to questions . Mayor Romero opened the public hearing . Terry Mohan,San Luis Obispo, spoke about his concerns regarding using additiona l water reserves for development and growth . Mayor Romero closed the public hearing . Council commended staff and spoke in support of staff's recommendation . ACTION :Moved by Settle/Marx,as recommended by the Planning Commission, adop t to Resolution No. 10197 (2010 Series) approving the Negative Declaration o f Environmental Impact and the July 2010 Water and Wastewater Management Elemen t of the General Plan as amended ; motion carried 5 :0 . 5.FIFTEEN YEAR FRANCHISE AGREEMENTS FOR SOLID WASTE, RECYCLING , AND GREEN WASTE COLLECTION AND DISPOSAL SERVICES WITH SAN LUI S GARBAGE COMPANY . Utilities Director Mattingly introduced this item, following which Utilities Conservatio n 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 (201 0 Series)granting San Luis Garbage Company 15-year franchise agreements ; one eac h for solid waste, recycling, and green waste collection and disposal services ; motio n carried 5 :0 . 6.DEFER PARKING METER RATE INCREASES AND PARKING STRUCTUR E RATE INCREASES . et- City Council Meeting Page 1 0 Tuesday, July 6, 201 0 Public Works Director Walter introduced this item, following which Parking Service s 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 Ashbauqh/Carter to : 1 . Introduce Ordinance No . 1552 (201 0 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 unti l July 1, 2011 ; motion carried 5 :0 . ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORT S Council Member Marx reported on her attendance at the Local Government Commissio n meeting . Mayor Romero spoke about his attendance at the Mayor's meeting held at the Madonn a Inn . ----------------------------------------------------------------------------------------------------------------- COMMUNICATION S Council Member Ashbauqh spoke of his attendance at the San Luis Obispo Blue s 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 Financia l Sustainability Task Force . City Manager Lichtig responded to Council Member Marx's request . City Manaqer Lichtiq introduced Michael Codron, Acting Assistant City Manager . ----------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Romer o adjourned the meeting at 8 :55 p .m . Elaina Cano, CM C City Cler k APPROVED BY COUNCIL : xx/xx/10