HomeMy WebLinkAbout11/18/2008, C1 - MINUTES MLONG AGENDA
DATE ITEM # C-=
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 30, 2008 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice
Mayor Paul Brown and Mayor Dave Romero
City Staff
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney;
Audrey Hooper, City Clerk; and Shelly Stanwyck, Assistant City
Administrative Officer, were present at Roll Call. Other staff members
presented reports or responded to questions as indicated in the minutes.
BUSINESS ITEMS
1. SHORT-TERM ACTIONS TO REBALANCE 2008-09 BUDGET.
City Administrative Officer Hampian introduced this item, following which Finance and
Information Technology Director Statler presented the staff report. He and CAO Hampian
responded to questions.
Public Comments
Gary Fowler, San Luis Obispo, objected to prior actions Council has taken regarding City
property in light of the current budgetary needs. He suggested that the City does not
need a ladder truck and mutual aid resources should be used for other purposes.
Joe Long, San Luis Obispo, expressed appreciation for the recommendation that the
multi-use court project at Santa Rosa Park proceed.
Brett Cross, Board of Directors of Residents for Quality Neighborhoods (RQN), discussed
RQN's support of Measure Y and its priorities. He expressed concern about the
recommendation to defer the position of a zoning enforcement officer and the community
policing program. He said that neighborhood wellness should continue to be a top City
goal. He also suggested that as Council attempts to attract work force housing to the
City, there is a need to consider how to provide more on-campus housing.
Tim Williams, San Luis Obispo, acknowledged the importance of public safety, but spoke
in support of eliminating binding arbitration.
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Tuesday, September 30, 2008
Dave Garth, President and CEO of Chamber of Commerce, spoke in opposition to
binding arbitration and explained why he believed that it is the most critical future issue
the City will face.
Adam Fukushima, SLO County Bicycle Coalition, referred to Measure Y priorities and
expressed appreciation that staff is not proposing to eliminate improvements that
encourage the increased use of bicycle transportation.
Jan Howell Marx, San Luis Obispo, spoke in support of retaining Measure Y priorities,
particularly related to neighborhood wellness and problems that may be associated with
the presence of students in the community. She acknowledged the challenges of binding
arbitration, but spoke in support of police and fire services. She expressed concern
regarding the heritage tree in Mitchell Park, and suggested that Council should defer the
parking lot project there and use those funds for planning a new senior center.
Kathi Main, owner of a retail business in the downtown, discussed the negative,
compounded impacts that the budgets cuts resulting from binding arbitration will have on
the City's image.
John Ashbaugh, San Luis Obispo, suggested that it is not worthwhile to pursue a ballot
measure to repeal binding arbitration, but said that the situation which resulted in it should
not be repeated. He also suggested that an alcohol fee should be implemented and that
the City should try to obtain more flexibility and look for new revenue sources.
Marcia Nelson, San Luis Obispo, spoke in support of police and fire employees, but
encouraged citizens to take a stand towards changing binding arbitration.
Steve Barasch, SLO Property Owners Association, referenced the list of
recommendations for city-wide cost reductions the Association has submitted, some of
which have been included in the proposed reductions. He asked the Council to consider
the Association's suggestions for long-term reductions in its budget planning. (The
Association's letter is on file in the City Clerk's office.)
Leslie Halls, San Luis Obispo, also referred to recommendations made by the SLO
Property Owners Association. She suggested that a citizen task force should be
established to examine the budget and recommend reductions, as well as to look at a
structural reform of the City.
--end of public comments—
Finance and Information Technology Director Statler and CAO Hampian responded to
comments and questions.
Council Member Settle spoke in support of the staff recommendation.
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Tuesday, September 30, 2008
Vice Mayor Brown also spoke in support of the recommendation. He suggested that,
although it would not result in a large savings, Council should consider, for symbolic
purposes, waiving its salary increase that would otherwise become effective in January
2009.
Council Member Carter concurred with Vice Mayor Brown's suggestion to waive an
increase in Council's salary. He spoke in support of the staff recommendation, except.
that he would have preferred the graffiti coordinator position not be deferred. He
expressed concern regarding the misunderstanding on the parts of speakers who faulted
the City for negotiations which led to binding arbitration. He reviewed some of what was
requested by the Police Officers Association that led to this situation. He explained why
he thought binding arbitration needs to be reconsidered and said he supported the
proposal brought forward by John Dunn and Dodie Williams when binding arbitration was
originally taken to the voters.
Council Member Mulholland read, for the record, information contained in a letter to
Council from former advisory body member Richard Kriet. Mr. Kriet asked that Council
set a City policy that would limit public safety expenditures so as not to exceed 50% of the
City's general fund over any two-year period. (Mr. Kriet's letter is on file in the City Clerk's
office). Council Member Mulholland discussed her opposition to proceeding with the
Mitchell Park parking lot project. She pointed out that this project will affect few residents,
while other cuts will be made across the board for services that will impact a large
segment of the community. She concurred with Council Member Carter's comments
regarding the negotiation process which led to binding arbitration. She also concurred
with comments from the public who favored overturning binding arbitration. She
expressed concern that programs such as street and tree maintenance, long-range
planning, and green building energy implementations will decline as a result of binding
arbitration.
Mayor Romero expressed disappointment that the revenues generated by Measure Y
funds will be impacted because of binding arbitration. He also expressed concern with
the comments from the public related to the negotations with the Police Officers
Association. He said that he believed the arbitrator's decision would create continued
difficulities for the City and that there is a need for the public to come forward with a
proposal to either overturn binding arbitration or to give the voters the final decision. He
supported the staff recommendation.
Following a brief discussion, Council concurred not to make modifications to staffs
recommendation at this time, but to discuss individual concerns at the budget meeting for
the next budget cycle.
ACTION: Moved by Carter/Settle to approve the short term budget actions outlined
recommended in the staff report in closing the budget gap for 2008-09; motion carried
5:0.
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Tuesday, September 30, 2008
ACTION: Moved by Brown/Carter to rescind the Council's prior action to increase its
budget effective January 1, 2009; motion carried 5:0.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 9:15 p.m.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 11/18/08
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 7, 2008,—6:30 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Allen
Settle, Vice Mayor Paul Brown and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Shelly Stanwyck, Assistant City Administrative Officer;
and Elaina Cano, Deputy 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 Lowell announced the following Closed Session topic:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Karen Jenny, Monica Irons
Employee Organizations: Unrepresented Management Employees
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 Lowell reported on the Closed Session at the commencement of the regular
meeting as indicated below.
The Special Meeting adjourned at 6:58 p.m.
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Tuesday, October 7, 2008
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 7, 2008—7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Allen
Settle, Vice Mayor Paul Brown and Mayor Dave Romero
City Staff
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Shelly Stanwyck, Assistant City Administrative Officer;
and Elaina Cano, Deputy City Clerk were present at Roll Call.
Other staff members presented reports or responded to questions
as indicated in the minutes.
CLOSED SESSION REPORT
City Attorney Lowell reported that Council met in Closed Session to discuss Labor
Negotiations with unrepresented management employees Council gave direction to the
Labor Negotiators. There was no further reportable action.
INTRODUCTIONS
Public Works_ Director Walter introduced the new Parking Services Officer, Marcia
Patterson.
City Administrative Officer Hampian introduced the new Utilities Director, Carrie
Mattingly.
PRESENTATIONS
Mayor Romero presented Community Development Director Mandeville with a
proclamation acknowledging October 2008 National Community Planning Month.
The Council and Human Resources Director Irons presented the recipients of the
Employee Recognition Service Awards.
PUBLIC COMMENT
John Altman, requested that Council amend the budget allocation for the Senior Center
Parking Lot.
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Tuesday, October 7, 2008
Gary Fowler, San Luis Obispo, expressed concerns regarding the language in Measure
E-08 that would allow non-city residents to be appointed to City Advisory Bodies. He
encouraged the residents to vote against this measure. Mr. Fowler also suggested that
Council delay funding for upcoming projects, due to the current State and local budget
issues.
Mary Whittlesey, San Luis Obispo, expressed her concerns regarding the language in
Measure E-08 that would allow non-city residents to be appointed to City Advisory
Bodies. Ms. Whittlesey requested that Council redesign the language to be more specific
as to which Advisory Bodies would be affected with the passage of the Measure.
Linda Seeley, Richard Kranzdorf, and Elaine Genasci, San Luis Obispo residents,
concurred with Ms. Whittlesey regarding Measure E-08.
Mayor Romero asked that Council comment at this time to address the public concerns.
Council Members and CAO Hampian explained that the intention of Measure E-08 was
not to allow non-residents to serve on all advisory bodies, only a limited number of
advisory bodies on which non-residents may serve will be affected. The Advisory Body
Handbook and other documents will be revised to specify these changes.
Continued with Public Comment.
Ryan Hostetter, San Luis Obispo, referenced the Broad Street Enhancement Plan update
and requested staff to research putting in a roundabout at High Street and Broad Street
for safety and aesthetic reasons.
Sifu Kelvin Harrison, San Luis Obispo, discussed his continuing concerns regarding
personal harassment.
Mila Vuiovich-La Barre, San Luis Obispo, suggested alternatives to the Senior Center
parking lot.
Council Member Settle agreed with Ms. Vujovich-La Barre's suggestion regarding the
Senior Center Parking Lot.
CONSENT AGENDA
ACTION: Moved by Settle/Carter to.approve the Consent Agenda as indicated below.
C1. MINUTES OF SEPTEMBER 2. 2008.
ACTION: Moved by Settle/Carter to waive oral reading and approve the minutes as
presented; motion carried 5:0.
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Tuesday, October 7, 2008
C2. MILLS ACT CONTRACT FOR THE HISTORIC MUGLER HOUSE (CHCMA 88-
08).
8-08).
ACTION: Moved by Settle/Carterto, as recommended by the Cultural Heritage
Committee (CHC), adopt Resolution No. 10029 (2008 Series) approving a Mills Act
contract for the historic Mugler House located at.1460 Mill Street; motion carried 5:0.
C3. RESPONSE TO GRAND JURY REPORT ON THE CITY RESTRICTING
MOTORCYCLE PARKING IN CITY PARKING STRUCTURES.
ACTION: Moved by Settle/Carterto review and approve the City's response to the
Grand Jury's report, Where Can I Park My Motorcycle?, and authorize the Mayor to sign
the response letter to the Grand Jury; motion carred 5:0.
C4. ORDINANCE NO. 1521 (2008 SERIES) REZONING PROPERTY AT 108
THROUGH 190 CRANDALL AVENUE AND 1304 THROUGH 1476 FOOTHILL
BOULEVARD FROM MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) TO HIGH
DENSITY RESIDENTIAL (R-4) (GP/R 200-07).
ACTION: Moved by Settle/Carterto adopt Ordinance No. 1521 (2008 Series); motion
carried 5:0.
C5. ORDINANCE NO. 1520 (2008 SERIES) CHANGING THE ASSESSMENT
START DATE FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT TO
OCTOBER 1, 2008.
ACTION: Moved by Settle/Carter to adopt Ordinance No. 1520 (2008 Series) to amend
Ordinance No. 1517; motion carried 5:0.
C6. TANK FARM SEWER PROJECT— MATERIALS TESTING SERVICES.
ACTION: Moved by Settle/Carterto approve the scope of work with Fugro West, Inc., in
an amount not to exceed $136,500, for construction materials testing services on the
Tank Farm Gravity Sewer, Lift Station and Force Main project; motion carried 5:0.
PUBLIC HEARINGS
1 CONSIDERATION OF A MIXED-USE OVERLAY REZONING FOR THE
VILLAGE AT BROAD STREET PROJECT (ER/R 70-08; 2238 BROAD AND
642 & 2201 EMILY STREET).
Community Development Director Mandeville and Senior Planner Ricci presented the
agenda report and responded to questions.
Mayor Romero opened the public hearing.
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Tuesday, October 7, 2008
RRM Design Group– Design Team Debbie Rudd, Rick Moses and Jeff Dillan
representing the applicants, made a presentation on the merits of the project.
Nathan White, San Luis Obispo, spoke in support of the project.
Ryan Hostetter, San Luis Obispo, spoke in support of the project.
Ermina Karim, spoke in support of this project on behalf of the Chamber of Commerce.
Carrol Pruett, Arroyo Grande, spoke in support of the project. Mr. Pruett said he aquired
this property in the 1970's.
Mayor Romero closed the public hearing.
Council Members spoke in support of the project.
ACTION: Moved by Brown/Mulholland to, as recommended by the Planning
Commission, introduce Ordinance No. 1522 (_2008 Series) adding the Mixed Use (MU)
overlay zoning to the Village at Broad Street Project's existing zoning designations of C-
N-H, C-S-H, and C-S-S-H, including reaffirmation of the adopted Mitigated Negative
Declaration as updated by the Addendum; motion carried 5:0.
Council recessed at 8:35 p.m., and the meeting reconvened at 8:45 p.m. with all
members present.
BUSINESS ITEMS
2. RESULTS OF THE ATHLETIC FIELDS NEEDS ASSESSMENT.
Parks and Recreation Manager Fitzgerald and Consultant Wendy George presented the
agenda report and responded to questions.
Public Comments
No public comment
—end of public comments---
Council Member Mulholland expressed her concerns about synthetic turf. She suggested
that the City continue to use reclaimed water for its intended purposes. She supported
allocating the funds to build a new skatepark. She also supported using Bermuda grass
on the sports fields and opposed using grass that is not as tough.
Council Member Carter, Settle and Brown concurred with the CAO recommendation.
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Tuesday, October 7, 2008
Mayor Romero suggested that staff research the use of turf on medians throughout the
City.
ACTION: Moved by Mulholland/Settle to: 1. Accept recommendations contained in the
Athletic Fields Needs Assessment report, including that the City not install synthetic turf
at any City playing field at this time and, instead, pursue the other high priority
recommendations identified in the report. 2. If the current rehabilitation plan for Damon-
Garcia fails and funding is available, first considerinstalling synthetic turf at Daryl
Damon Field, rather than at any of the City's baseball diamonds. 3. Close-out the
budget balance remaining for this project of$960,000 to the Parkland Development
Fund (park in-lieu fees) balance;and as part of the 2009-11 Financial Plan and Budget
process, consider allocating the resulting available fund balance to other appropriate
and eligible park improvement projects; motion carried 5:0.
CAO Hampian reminded Council of the fundraising efforts the citizens are doing to help
fund the new skateboardpark.
3. PARKING GUIDANCE SYSTEM, SPECIFICATION NO 90433,
Director of Public Works Walter, Parking Services Manager Horch, Senior Traffic
Engineer Hudson, and TCS Consultant Greg Parsik presented the agenda report and
responded to questions.
Public Comments
Ermina Karmin, SLO Chamber of Commerce, expressed her concern with the cost of the
project and provided some examples of alternatives.
Marica Nelson, San Luis Obispo, suggested alternatives to the parking guidance system.
—end of public comments—
Council Members expressed appreciation for the report; however, they concurred not to
proceed with this particular project at this time. They were concerned with the cost of the
project in this economic climate. They also felt that a different sign program may be more
appropriate for the City.
ACTION: Moved by Settle/Brown to reject an agreement with TCS International for the
design and purchase of a Downtown parking guidance system in an amount not to
exceed $292,161; motion carred 5:0.
COUNCIL LIAISON.REPORTS
Council Member Mulholland reported on her attendance at the September 19 California
Men's Colony Advisory Board, and the October 1 Air Pollution Control District and Water
Resources Advisory Committee meetings.
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Tuesday, October 7, 2008
Council Member Settle reported that the State Budget is not done.
Mayor Romero reported on his attendance at the Performing Arts Center meeting, and
the Mayor's Luncheon which was also attended by Vice Mayor Brown and CAO
Hampian. He also reported on the League of California Cities Conference.
COMMUNICATIONS
CAO Hampian informed the Council of a Strategic Growth Readiness Workshop
presented by the County. Council Member Mulholland expressed her interest in
attending.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 10:43 p.m.
Elaina Cano
Deputy City Clerk
APPROVED BY COUNCIL: 11/18/08
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MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 21, 2008 —4:30 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Vice Mayor
Paul Brown and Mayor Dave Romero were present at Roll Call.
Council Member Settle was seated at 4:55 p.m.
City Staff:
Present: Ken Hampian, City Administrative Officer; Shelly Stanwyck,
Assistant City Administrative Officer; Audrey Hooper, City Clerk;
and Christine Dietrick, Assistant City Attorney; were present at Roll
Call. Other staff members presented reports or responded to
questions as indicated in the minutes.
APPOINTMENTS
Al. APPOINTMENT TO THE PLANNING COMMISSION.
Council Member Carter commented on Mr. Singewald's qualifications.
ACTION: Moved by Carter/Brown to, as recommended by Council Liaison
Subcommittee members Andrew Carter and Allen Settle, appoint Airlin Singewald to the
Planning Commission to fill an unexpired term ending March 31, 2010; motion carried
4:0 (Settle absent).
CONSENT AGENDA
Item C3 was pulled from the Consent Agenda and discussed following action on the
remaining Consent Agenda items.
ACTION: Moved by Carter/Mulholland to approve the Consent Agenda as indicated
below; motion carried 4:0 (Settle absent).
Cl. MINUTES OF SEPTEMBER 16, 2008.
ACTION: Moved by Carter/Mulholland to waive oral reading and approve the minutes
as presented; motion carried 4:0:1 (Settle not yet seated).
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Tuesday, October 21, 2008
C2. MILLS ACT CONTRACT FOR THE HISTORIC MARSHALL HOUSE (CHCMA
107-08)u
ACTION: Moved by Carter/Mulholland to, as recommended by the Cultural Heritage
Committee (CHC), adopt Resolution No. 10030 (2008 Series) approving a Mills Act
contract for the historic Marshall House located at 785 Buchon Street (CHCMA 107-08);
motion carried 4:0 (Settle not yet seated).
Item C3 was considered following action on the other Consent Agenda items.
C3. MORRO STREET-BILL ROALMAN BICYCLE BOULEVARD —
SPECIFICATION NO. 00195.
Senior Traffic Engineer Hudson briefly made a presentation and displayed photographs
regarding the history, design elements and impacts of the project. He and Public Works
Director Walter responded to questions.
Mayor Romero called for public comments on this item at this time.
Brian Kav, San Luis Obispo, supported the staff recommendations, particularly the
traffic diverter on Leff Street.
Dan MacKirdy, San Luis Obispo, expressed concern regarding speeders on Mono
Street. He urged Council to proceed with recommendations contained in his
correspondence (on file in the City Clerk's office).
(Council Member Settle was seated at this time.)
The following people also spoke in support of the staff recommendation:
Tom.Nuckols, representing the Bicycle Advisory Committee,
Dave Abrecht, Los Osos
Brant Haflich, San Luis Obispo
Michael Borger, San Luis Obispo
Aerial Weininger, San Luis Obispo
David Holmes, San Luis Obispo
Dan Kallal, San Luis Obispo
Adam Fukushima, SLO County Bicycle Coalition
Jean Anderson, San Luis Obispo
Brian Stark, Executive Director of Land Use Conservancy of SLO County
Sean Ryan, San Luis Obispo
John Altman, San Luis Obispo
Craig Jacobsen, San Luis Obispo
Dave Morrow, San Luis Obispo
Daniel Rivoire, San Luis Obispo
Ganett.Farmer, San Luis Obispo
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Tuesday, October 21, 2008
Gabriel Kaprielian, San Luis Obispo
Christine Braun, San Luis Obispo
Kathryn Keller, San Luis Obispo
Gary Havas, San Luis Obispo
Jessica Barry, San Luis Obispo
Catherine Machado, San Luis Obispo
There were no further public comments.
Council Member Carter recommended that Council proceed with the project except for
the bulb-outs. He suggested that these were for the benefit of pedestrians rather than
bicyclists and said he would prefer to have them installed on Marsh and Garden Streets
or elsewhere in the downtown.
Council Members Mulholland and Settle and Vice Mayor Brown spoke in support of the
recommendation.
Mayor Romero also spoke in support of the project, but had concerns regarding the
paving and disagreed with the bulb-out at Pismo and Morro Street, which he said could
cause trucks to encroach into the oncoming lane when turning. He suggested that by
returning stop signs to their original locations, some of the speeding would be reduced.
The majority of Council did not support Council Member Carter or Mayor Romero's
suggestions. Mayor Romero said he would support the recommendation with
misgivings.
ACTION: Moved by Brown/Mulholland to: 1. Approve plans and specifications for
construction of the Bill Roalman Bicycle Boulevard Project, Specification No. 90195. 2.
Authorize staff to advertise for bids and the City Administrative Officer to award the
contract to the lowest responsible bidder under the Engineer's Estimate of$361,711. 3.
Approve the transfer of$10,000 from the design phase of the project to the construction
phase. 4. Approve the transfer of$36,171 from the Capital Improvement Project
Reserve account to this project account to fund construction management services. 5.
Approve the transfer of$265,461 from the Street Reconstruction Resurfacing and
Sealing main account to this project account to fund construction services. 6. Approve
the transfer of$3,600 from the Water Distribution System Improvements and $2,000
from the Wastewater Collection System Improvements main accounts to this project
account to fund construction services; motion carried 5:0.
C4. USE OF TRAFFIC IMPOUND ACCOUNT FUNDS.
ACTION: Moved by Carter/Mulholland to appropriate funding not to exceed $25,000
from the Law Enforcement Grant Fund/Traffic Impound Account to purchase software
licenses and interface software for the grant funded electronic collision reporting and
citation project; motion carried 4:0 (Settle not yet seated).
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C5. IDENTITY THEFT PREVENTION PROGRAM.
ACTION: Moved by Carter/Mulholland to adopt Resolution No. 10031 (2008 Series)
establishing an identity theft prevention program in compliance with the Fair and
Accurate Credit Transaction (FACT) Act; motion carried 4:0 (Settle not yet seated).
C6. RAW WATER BYPASS — SPECIFICATION NO. 90802.
ACTION: Moved by Carter/Mulholland to: 1. Award a contract to Vinciguerra
Construction in the amount of$318,416 for the Raw Water Bypass project, Specification
No. 90802, and authorize the Mayor to execute the agreement. 2. Approve the fund
transfer amounts of$418,416 from the Water Treatment Plant Major Equipment
Maintenance Account to the Raw Water Bypass Project Account; motion carried 4:0
(Settle not yet seated).
C7. AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE.
ACTION: Moved by Carter/Mulholland to adopt Resolution No.. 10032 (2008 Series)
amending the City's Conflict of Interest Code; motion carried 4:0 (Settle not yet seated).
C8. AMENDMENT TO THE CITY'S ZONING MAP TO ADD THE MIXED-USE (MU)
OVERLAY ZONING TO THE VILLAGE AT BROAD STREET PROJECTS
EXISTING ZONING DESIGNATIONS OF C-N-H, C-S-H, AND C-S-S-H AT 2238
BROAD AND 642 AND 2201 EMILY STREET (ER/R 70.08).
ACTION: Moved by Carter/Mulholland to adopt Ordinance No. 1522 (2008 Series)
which adds the Mixed-Use (MU) overlay zoning to the Village at Broad Street Project's
existing zoning designations of C-N-H, C-S-H, and C-S-S-H; motion carried 4:0 (Settle
not yet seated).
C9. BROAD STREET SEWERLINE IMPROVEMENTS - SPECIFICATION NO.
90786.
ACTION: Moved by Carter/Mulholland to: 1. Approve plans and specifications for
Broad Street Sewerline Improvements, Specification No. 90786. 2. Authorize Staff to
advertise for bids and authorize the City Administrative Officer to award the contract if
the lowest responsible bid is within the Engineer's Estimate of$478,750; motion carred
4:0 (Settle not yet seated).
PUBLIC HEARINGS
1. EXPENDITURE.PLAN FOR 2008-09 CALIFORNIA SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND.
Chief of Police Linden presented the agenda report and responded to questions.
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Tuesday, October 21, 2008
Mayor Romero opened the public hearing.
No comments were forthcoming.
Mayor Romero closed the public hearing.
ACTION: Moved by Mulholland/Settle to adopt Resolution No. 10033 (2008 Series)
approving an expenditure plan for$100,000 from the Fiscal Year 2008-09 California
Supplemental Law Enforcement Services Fund (SLESF) to continue funding the salary
and benefits for a Police Department Communications Technician; motion carried 5:0.
BUSINESS ITEMS
2. 2007 ANNUAL TRAFFIC SAFETY REPORT.
Deputy Public Works Director Bochum introduced this item, following which Senior Traffic
Engineer Hudson, Police Chief Linden and Public Works Director Walter presented the
agenda report. Staff responded to questions throughout the presentation.
Public Comments
Gary Havas, San Luis Obispo, said, in response to comments during the staff
presentation regarding bicycles falling, that he has fallen twice when his tires got caught
in interface between the concrete curb and a bulge in the asphalt. He noted that he has
very thin tires and clarified that he provided this information as another reason why
cyclists fall that wasn't mentioned.
—end of public comments—
Council Member Mulholland complimented the report and expressed concern related to
accidents caused by cyclists.
Mayor Romero expressed concern regarding the mid-block crosswalk on Marsh Street.
He suggested the City would be better served by having a signal there that would be
integrated with the Marsh Street signal. He also expressed concern regarding the signal
timing at Marsh and Osos Street.
Council Member Carter concurred with Mayor Romero's concerns regarding the mid-
block crosswalk on Marsh Street. He acknowledged the reduction in number of traffic
incidents and said he wants to move more in the direction of pedistrian safety and traffic
calming measures.
ACTION: Moved by Mulholland/Brown to direct staff to revise the Neighborhood Traffic
Management Guidelines and return to Council with recommendations; motion carried
5:0.
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Tuesday, October 21, 2008
The Special Meeting adjourned to a recess at 6:20 p.m., following which the Closed
Session convened at 6:30 p.m.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 21, 2008 —6:30 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Allen
Settle, Vice Mayor Paul Brown and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Shelly Stanwyck,
Assistant City Administrative Officer; Audrey Hooper, City Clerk;
and Christine Dietrick, Assistant City Attorney; were present at Roll
Call. Other staff members presented reports or responded to
questions as indicated in the minutes.
ANNOUNCEMENT OF CLOSED SESSION TOPIC
Assistant City Attorney Dietrick announced the following Closed Session topics:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons
Employee Organizations: Unrepresented Management Employees
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiator. Monica Irons
Employee Organization: San Luis Obispo Police Staff Officers' Association
(SLOPSOA
PUBLIC COMMENT ON CLOSED SESSION ITEM
Mayor Romero called for public comments. None were forthcoming and the meeting
adjourned to the Closed Session.
Fir /7
CI
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City Council Meeting Page 7
Tuesday, October 21, 2008
CLOSED SESSION REPORT
Assistant City Attorney Dietrick reported on the Closed Session at the commencement of
the Regular meeting as indicated below.
The Special Meeting adjourned to the Regular Meeting at 7:00 p.m.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 21, 2008 —7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter, Christine Mulholland, Allen
Settle, Vice Mayor Paul Brown and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Shelly Stanwyck,
Assistant City Administrative Officer; Audrey Hooper, City Clerk;
and Christine Dietrick, Assistant City Attorney; were present at Roll
Call. Other staff members presented reports or responded to
questions as indicated in the minutes.
CLOSED SESSION REPORT
Assistant City Attorney Dietrick reported that Council met in Closed Session to discuss
two separate labor negotiations issues as indicated previously. Council provided direction
to its negotiator and no further reportable action was taken.
PRESENTATIONS
Mayor Romero presented James Kushing with a proclamation naming him San Luis
Obispo's Poet Laureate for 2009.
Mayor Romero presented Ann Havlik with a proclamation proclaiming October 2008
Dental Hygiene Month.
Nn
City Council Meeting _ Page 8
Tuesday, October 21, 2008
PUBLIC COMMENT
Bob Ross, Certified Cars of San Luis Obispo on Broad Street, expressed concern
regarding the City's policy on balloons and banners. He explained that in the current
economic climate, it is important for small business owners to be able to display attention
getting devices and asked that Council consider revisiting these policies.
Community Development Director Mandeville discussed the steps that were taken to
update the current policy approximately three years ago. He offered to meet with Mr.
Ross to discuss his concerns in more detail.
There was not Council support to pursue this matter further at this time..
Ann Reams, San Luis Obispo, said that the Texas Cultural Affairs Commission and the
Americans for the Arts have named San Luis Obispo one of the top ten cities for their use
of the arts. She noted that the San Luis Obispo County Arts Council hopes to send its
Executive Director, Marta Pelusa, to the "Art in the City" conference in Abilene, Texas,
where the City will be used as a model.
Gary Fowlec, San Luis Obispo, spoke against the Measure E-08, which will change the
language in the Charter to.permit non-residents on advisory bodies.
In response to Council Member Brown, CAO Hampian discussed the intent of the
measure, including language to accommodate the unique advisory bodies on which non-
residents have served. He reviewed the steps that will be taken to ensure that the
residency requirements for the other advisory bodies are clear and the practice of
requiring residency is institutionalized in the Council Policies and Procedures Manual,
Advisory Body Handbook and Bylaws of the various advisory bodies.
Sifu Kelvin Berman Hanson, San Luis Obispo, discussed his continuing concerns
regarding racism and harassment against him.
Terry Mohan, San Luis Obispo, said he is a candidate for Mayor, acknowledged other
candidates, and urged citizens to appreciate those who have taken the time to run for
office.
PUBLIC HEARINGS
3. TENTATIVE TRACT MAP PROPOSAL FOR A SIX UNIT CONDOMINIUM
PROJECT (730 AND 748 FOOTHILL BOULEVARD TR/ER 108-07)
Community Development Director Mandeville introduced this item, following which
Associate Planner Leveille presented the agenda report and responded to questions.
City Council Meeting Page 9
Tuesday, October 21, 2008
In response to Council Member Settle, Association Planner Leveille clarified for the
record that there will not be obstructions that will reduce sight distance for motorists
exiting the project on Foothill Boulevard.
Mayor Romero opened the public hearing.
Richard Rengle, Architect representing project, discussed the amenities of the project, the
unanimous approval by Architectural Review Committee, and the suggestions that were
implemented at the Planning Commission's recommendation. He responded to Councli's
questions.
Council Member Settle stated, for the record, that he is concerned with the ability of fire
engines to access the propery in the event of an emergency.
Community Development Director Mandeville explained that the Fire Department staff
has looked at this project and indicated that they would not pull a fire engine into the
parking area, but would stage it in front of the project.
Mayor Romero closed the public hearing.
Council Member Carter said that although he shares some of the concerns expressed,
the project meets the City's guidelines and he would support it.
Mayor Romero also spoke in support of the project.
ACTION: Moved by Mulholland/Brown to, as recommended by the Planning
Commission, adopt Resolution No. 1.0034_(2008 Series) approving a tentative tract map
and Negative Declaration of environmental impact for a six unit condominium
development located at 730 and 748 Foothill Boulevard (TR/ER 108-07); motion carried
5:0.
BUSINESS ITEMS
4. LOS OSOS VALLEY ROAD/US 101 INTERCHANGE PROJECT UPDATE AND
FINAL COMMENTS ON THE DRAFT PROJECT REPORT.
Director of Public Works Walter introduced this item, following which Deputy Director of
Public Works Bochum presented the agenda report. They responded to questions.
Namat Hosseinion, Dokken Engineering, and Doug Huemann, Caltrans Project
Manager, were present to respond to questions.
Following the staff presentation. Council recessed at 8:50 p.m. and the meeting
reconvened at 9:05 p.m. with all members present.
FR A r o
City Council Meeting - Page 10
Tuesday, October 21, 2008
Public Comments
Staff and representatives from Caltrans'and Dokken Engineering responded to questions
throughout the public comment period.
Sean.Flickinger, President of Los Verdes Park I Homeowners Association, expressed
concern regarding findings in the Draft Environmental Impact Report and its conclusions
related to accessibility, noise, traffic modeling, and safety.
Donna DeGangi, Los Verdes Parks I and II, reiterated concerns expressed by Mr.
Flickinger and added that she was concerned about air quality as well. She requested
retaining the raised median on Los Osos Valley Road and keeping one lane in the
westbound direction. She also supported staffs recommendation to alter the timing of the
light at South Higuera.
Brian Stark, Executive Director of the Land Conservancy of San Luis Obispo County, said
the Land Conservancy has concerns that the Draft Project Report did not include a
description of the trail connection in the document. He advocated for a separate bike
grade separation across the road and said future discussion regarding an underpass
should remain open.
Nell Bennett, Los Verdes Park II, expressed concern regarding the safety of the ingress
and egress in Alternative #3. He asked Council to reconsider the proposals and put
safety at the forefront.
Carol Michael, Oregon, said she owns a unit in Los Verdes Park and encouraged further
study of the project. She expressed concern regarding the left tum challenge entering
and existing Los Verdes Park.
Helene Finger, San Luis Obispo, encouraged a full grade separation to the Bob Jones
Trail. She also expressed concerns regarding safety and said consideration should be
given to incorporating an undercrossing as the County recently did on the City to the Sea
trail in Avila.
Gary Havas, San Luis Obispo, expressed appreciation for the inclusion of the Bob Jones
trail extension. He said he hoped a grade-separated crossing under the roadway will be
included in the future.
.Greg Notlev expressed concerns regarding the lack of response from Caltrans to some of
his questions regarding the trail system. He was also concerned because the project
area is a major bicycle thoroughfare and the Caltrans design criteria has not addressed
it. He explained why he thought using the culvert as part of the trail is viable.
Terry Mohan, San Luis Obispo, expressed concern regarding Alternative#3 and said he
thought that Calle Joaquin would be better suited for access. He suggested that instead
no more time should be spent on the Dalidio area, but that consideration should be given
City Council Meeting - Page 11
Tuesday, October 21, 2008
to using Buckley Road as the alternative to Route 227. He also suggested that a study
should be made for two exits onto Palos Verdes Street. He supported the undercrossing
for the Bob Jones trail.
Eugene Jud, San Luis Obispo, raised questions about the environmental document and
questioned whether greenhouse gas, oil, or the current economic situation was taken into
consideration in the study. He suggested instead of this project, the funds should be
spent on alternative modes of transportation.
Frank Owen, San Luis Obispo, spoke about the need to make cycling more attractive to
people and discussed models of trains that parallel creeks.
Liz Apfelberg, Los Verdes Park II, expressed safety concerns about the bus stops on Los
Osos Valley Road in front of Los Verdes Parks I and II. She suggested.that there needs
to be some a crosswalk and signals on this road.
Adam Fukushima, Bicycle Coalition, supported the upgraded crossing and that people will
want to exit the Bob Jones Trail and go to the other side of the road. He discussed the
need for a plan to provide children a safe way to make the Bob Jones Trail and Los Osos
Valley Road crossing and encouraged Council to proceed with investigating this issue.
Mark.Tumer, San Luis Obispo, discussed his concerns regarding the existing signals and
how difficult it makes for cyclists traveling to Cuesta College, particularly because they
must pull out of the bike lane and into the traffic before they get to the first signal. He
suggested that an underpass for the bicycle trail should be pursued.
Darrel Goo, Los Verdes Park Il, expressed concern regarding safety at an underpass
because of the existence of the homeless community. He also expressed concern that
Caltrans has not responded to comments raised by the residents, but said he hoped they
would work with City staff to develop a plan in the near future that would work for all
parties.
Mr. Heumann. Caltrans Project Manager, discussed the relationship between the City and
Caltrans on this project. He explained Caltrans role with regard to other agencies. He
also explained that Caltrans just recently received comments from the City's consultant
and that Caltrans' staff had been waiting for those comments before responding to the
residents. He said that the next step in the process is for a Final Environmental Impact
Report to be prepared by DOKKEN Engineering.
In response to CAO Hampian, Mr. Hosseinion discussed the next steps in the process.
He said that the issue of greenhouse gas is a new one and will be part of an amendment
to the environmental document.
DodsBol Los Verdes Park ll, urged Council to consider those concerns expressed by
the residents of Los Verdes Parks.
♦ 4 !1
City Council Meeting Page 12
Tuesday, October 21, 2008
—end of public comments—
Following clarification by staff, CAO Hampian suggested that CAO recommendation#2
be revised to read` "Endorse Alternative #3 subject to completion of an environmental
review by Caltrans, including consideration of comments made this evening during the
public comment period." He emphasized that staff will continue to work with the Los
Verdes community. He stressed the importance of continuing to move forward on this
project so as not to lose funding.
Vice Mayor Brown expressed concern regarding the use of the culvert as a bicycle
path. He explained that he would not support pursuing a signal at this time as
recommended by the Los Verdes Parks' residents as the warrants don't support doing
SO.
Council Member Settle said he wants the overpass to proceed and asked Caltrans to
expedite this matter. He supported prioritizing a signalized intersection and a crosswalk
between Los Verdes Parks I and II. He also supported having a bypass link to Buckley
Road, though it is unclear when that could happen. He favored the recommended
connection to the Bob Jones Trail and said he was open to pursuing the possibility of
using the culvert. He noted that noise concerns can be dealt with through mitigation
measures. He supported the modified recommendation suggested by CAO Hampian.
Council Member Carter supported proceeding with the project so as not to lose the
funding for it. He did not have concerns regarding use of the culvert.. He said he would
not support signalization at this time since the traffic warrants don't support it at this
time. He concurred with the revised recommendation.
Council Member Mulholland expressed appreciation that rubberized asphalt or another
alternate project will be used in this project. She did not support placing a bicycle path
in the culvert as they were not built for the purpose and would not be able to be used
during certain times of the year. She acknowledged the need to remain open to keep
some of the suggestions made, to pursue the overpass at this time, and to consider a
Buckley Road bypass in the future. She supported pursuing the greenhouse gas
omissions in the EIR. She also said it is important to continue to consider the two bus
stops on Los Osos Valley Road at the Los Verdes Parks, but did not support installing a
signal at this time.
Mayor Romero acknowledged the need to proceed with this project so as not to lose
State funding and concurred with the CAO recommendation as modified.
ACTION: Moved by Brown/Settle to: 1. Receive a report regarding the status of the
final Project Report and Environmental document for the Los Osos Valley Road (LOVR)
Interchange project. 2. Endorse.Alternative #3 subject to completion of an
environmental review by Caltrans, including the comments made during the public
comment period. 3. Authorize staff to incorporate design features into the project to
address local issues that include the Bob Jones Trail facility and access and noise near
City Council Meeting Page 13
Tuesday, October 21, 2008
Los Verdes Park I and II. 4. Direct staff to include the assessment of an arterial bypass
roadway link near Los Verdes Park I and II as part of the next update to the City's
Circulation Element; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at the October 14th Strategic
Growth Readiness workshop and the October 15th South Central Coast Basinwide Air
Pollution Control Council meeting.
Council Member Carter discussed his attendance, with Mayor Romero and Vice Mayor
Brown, at the Town Gown Conference on October 16th and 17"'. He also spoke of his
recent attendance at a Downtown Association Quarterly Breakfast, which was also a
candidates' forum.
A brief discussion followed regarding regulatory requirements imposed on the City by
other agencies, particularly regarding the City's storm drainage program.
Council Member Settle discussed activities of LAFCO and Performing Arts Facilities
Committee.
Vice Mayor Brown announced that Dee Tones has been hired as Homeless Services
Coordinator for the Economic Opportunity Commission.
Mayor Romero said the storm drainage issue was a major concern discussed at the
Mayors' meeting. He discussed information he received from the Town Gown
Conference.
A brief discussion followed regarding a program that would allow property owners to build
their own solar systems. Council concurred that staff should contact the City of Berkeley
to learn more about its solar program.
Mayor Romero reported on the activities of the SLO Council of Government.
COMMUNICATIONS
None.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 11:50.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 11/16/08
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S9N City Clerk Memorandum
10ty of San Luis Obispo "
w.
November 18, 2008
TO: Mayor Romero & Members of the City C ncil
FROM: Audrey Hooper, City Clerk
VIA: Ken Hampian, CAO �-
SUBJECT:
Revisions to Council Meeting Minutes
Council Member Mulholland and Mayor Romero have requested revisions to the
minutes as indicated below. If Council concurs with these revisions, the motion should
so indicate.
Mayor Romero
September 30, page 4 (C1-4). Replace the word "budget" with "salary" in the action
regarding Council Compensation."
October 7, page 6 (C1-10). The word "synthetic" should be added prior to the word "turf'
in the first paragraph.
October 21, page 3 (C1-14). See the following paragraphs:
Mayor Romero also spoke in support of the project ... He suggested that by
returning stop signs to their original locations, particularly at Buchon
Street, some of the speeding would be reduced.
The majority of Council did not support Council Member Carter or Mayor
Romero's suggestions. Mayor Romero said he would support the
project with misgivings.
October 21, page 5 (C1-16). Seethe following paragraph.
Gary Havas, San Luis Obispo, said, in response to comments during the staff
presentation regarding bicycles falling ...between the concrete saF aad a bulge4i-
the asphalt-gutter and asphalt street paving... aED rep -61A(L-
COUNCIL Z'l CDD DIR
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MEETING AGENDA C'TATTORNEY a PW DIP
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Revisions to Council Meeting Minutes
November 18, 2008
Page 2
October 21, page 13 (C1-24). Seethe following paragraph.
Mayor Romero said the storm drainage discharge requirements being
proposed by the Regional Water Quality Control Board werewwwe-was
a major concern discussed at the Mayors' meeting ...
Council Member Mulholland
October 31, page 12 (C1-23). See the following paragraph.
Council Member.Mulholland expressed appreciation that rubberized asphalt
or alternative paving technology will be used in
this project.... She supported PUFSUiRg addressing the greenhouse gas
eemissions in the EIR...
GA301-04 Minutes\Correction to Minutes 11-18-08.doc