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HomeMy WebLinkAbout07/19/2011MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 19, 2011 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 3:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM ROLL CALL: Council Members Present: Council Members Dan Carpenter, Andrew Carter and Kathy Smith, Vice Mayor John Ashbaugh and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, 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 topics. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code § 54956.9 (a) Donald Sipple v The City of Alameda, et al Los Angeles Superior Court Case No. BC462270 CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(3)(A) One (1) potential case facts unknown to the plaintiff CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Katie Lichtig, Michael Codron, J. Christine Dietrick, Andrea S. Visveshwara Employee Organizations: San Luis Obispo City Employees' Association (SLOCEA), San Luis Obispo Police Officers' Association (POA), San Luis Obispo Staff Officers' Association (SLOPSOA), Fire Battalion Chiefs' Association and San Luis Obispo City Firefighters, Local 3523 Unrepresented Employees: Confidential Employees, Unrepresented Management Employees PUBLIC COMMENT ON CLOSED SESSION ITEMS' Mayor Marx called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. City Council Meeting Tuesday, July 19, 2011 Page 2 CLOSED SESSION REPORT City Attorney Dietrick reported on the Closed Session at the commencement of the 7:00 Regular Meeting. The Closed Session. adjourned at 6:45 p.m. 7:00 P.M. — REGULAR MEETING — COUNCIL CHAMBER Mayor Marx called the Regular Meeting to order at 7:00 p.m. All Council Members were present. CLOSED SESSION REPORT City Attorney Dietnck reported that Council met in Closed Session to discuss Existing Litigation, Anticipated Litigation, and Labor Negotiations as indicated above. No further reportable action was taken. PRESENTATIONS Mayor Marx presented a proclamation to Shelly Stanwyck, Director of Parks and Recreation, naming July as Parks and Recreation Month in the City of San Luis Obispo. Mayor Marx presented a proclamation honoring Dave Garth, upon his retirement, for his 38 years as President and CEO of the San Luis Obispo Chamber of Commerce. PUBLIC COMMENT Gary Fowler, San Luis Obispo, requested more information regarding a possible new parking structure and suggested that the police chiefs recruitment be limited to California, be a resident of SLO. Mr. Fowler spoke in opposition to the Orcutt Area annexation. John Altman, San Luis Obispo, spoke in support of a plastic bag ban in the City of San Luis Obispo. Jody Frey.. San Luis Obispo, spoke about her concerns regarding information published in the newspapers referencing the City's police and fire staff, contracting police and fire services and opposition to Measure B. Will Powers, San Luis Obispo, spoke about his concerns regarding a memo distributed by the Public Works department. CONSENT AGENDA Council Comments: Mayor Marx stated that she will recuse herself from item C2 and left the-Council Chamber during Council's vote on this item. Council Member Carpenter stated that he will vote opposition to C2 and C5. Public Comment: City Council Meeting Page. 3 Tuesday, July 19, 2011 Gary Fowler, San Luis Obispo, spoke in opposition to items C3 and C5. ACTION: Moved by Carter /Ashbaugh to approve the Consent Agenda as indicated below. C1. MINUTES. ACTION: Moved by Smith /Ashbaugh to waive oral reading and approve as modified to include the change to the wording on pages 3 and 4 of the June 2, 2011 minutes from, "Council concurred with staffs recommendation" to "Council did not alter staffs recommendation "; motion carried 5:0. C2. FINAL ADOPTION OF ORDINANCE AMENDING CHAPTER 10.36.220 (RESIDENTIAL PARKING PERMIT - ISSUANCE) OF THE SAN LUIS OBISI MUNICIPAL CODE ESTABLISHING FEES FOR RESIDENTIAL PARKING PERMITS. ACTION: Moved by Carter /Smith to adopt Ordinance No. 1565 (2011 Series) amending Chapter 10.36.220 (Residential parking permit- Issuance) of the San Luis Obispo Municipal Code establishing fees for residential parking permits; motion carried 3:1 (Carpenter opposed, Marx recused). C3. _ FINAL ADOPTION OF ORDINANCE AMENDING CHAPTER 10.52.030 (TIMI OF OPERATION) OF THE SAN LUIS OBISPO MUNICIPAL CODE EXPANDING PARKING OPERATIONS TO INCLUDE SUNDAY, ACTION: Moved by Carter /Ashbaugh to adopt Ordinance No. 1566 (2011 Series) amending Chapter 10.52.030 (Time of operation) of the San Luis Obispo Municipal Code expanding parking operations to include Sunday; motion carried 5:0. C4. FINAL ADOPTION OF ORDINANCE AMENDING CHAPTER 10.44.020 (CUF MARKINGS - MEANINGS - AUTHORITY TO PLACE) OF THE SAN LUIS OBISPO MUNICIPAL CODE. ACTION: Moved by Carter /Ashbaugh to adopt Ordinance No. 1567 (2011 Series) amending Chapter 10.44.020 (Curb markings - Meaning- Authority to Place) of the San Luis Obispo Municipal Code amending the time and duration of operation; motion carried 5:0. C5. FINAL ADOPTION OF ORDINANCE AMENDING CHAPTER 10.52.010 (PARKING METER ZONE-RATES)-OF THE SAN LUIS OBISPO MUNICIPAL CODE. ACTION: Moved by Carter /Ashbaugh to adopt Ordinance No. 1568 (2011 Series) amending Chapter 10.52.010 (Parking meter zone - Rates) of the San Luis Obispo Municipal Code to increase on- street parking meter rates from $1.25 to $1.50 an hour in a downtown "super core" zone; motion carried 4:1 (Carpenter opposed). City Council Meeting Tuesday, July 19, 2011 C6. Page 4 ACTION: Moved by Carter /Ashbaugh to: 1) Approve the submission of a Caltrans transportation planning grant for multi jurisdictional corridor planning for the southern entrance to San Luis Obispo (Bob Jones Trail: Octagon Barn Connection); 2) Adopt Resolution No.. 10285 (2011 Series) authorizing the City Manager to enter into any subsequent cooperative agreements or contracts for the project and execute the grant documents; 3) Appropriate Caltrans Transportation Planning grant funds in the amount of $76,230 when grant is awarded; 4) Appropriate and approve the use of the 10% local match funds; $6,355 from the Transportation Division's operating budget and $2,115 from in -kind staffing support when grant is awarded; and 5) Appropriate an expenditure budget for the Bob Jones Trail: Octagon Barn Connection in the amount of $84,700 when grant is awarded; motion carried 5:0. C7. PACIFIC FOREST AND WATERSHED L GRANT APPL ACTION: Moved by Carter /Ashbaugh to approve an application for grant funding through the Pacific Forest and Watershed Lands Stewardship Council and authorize the City Manager to execute the necessary grant documents; motion carried 5:0. C8. AFFIRMATION OF GRANT APPLICATION FOR SANTA ROSA SKATE PARK FOR THE CALIFORNIA STATE PARKS STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM OF 2008 (PROP-84). ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10286 (2011 Series) authorizing the submission of an application for Santa Rosa Skate Park and authorizing the City Manager to enter into a contract with the California State Parks if awarded funding; motion carried 5:0. C9. AUTHORIZATION OF ACCEPTANCE OF _A CONSERVATION EASEMENT ON OSOS VALLEY ROAD. ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10287 (2011 Series) authorizing the Mayor to accept the offer of dedication of a conservation easement covering approximately 0.22 acres of the 116 -acre Boysen Ranch property, subject to non - substantive changes approved by the City Attorney, or as may be required by the U.S. Army Corps of Engineers; motion carried 5:0. C10. AUTHORIZE GRANT APPLICATION FOR THE CALHOME BEGIN DOWN PAYMENT ASSISTANCE PROGRAM. ACTION: Moved by Carter / Ashbaugh to adopt Resolution No. 10288 (2011 Series) authorizing the Community Development Department to apply to the California State City Council Meeting Page 5 Tuesday, July 19, 2011 Department of Housing and Community Development (HCD) for $973,409 of BEGIN program funds for down payment assistance to 28 qualified low and moderate income homebuyers in the Housing Authority of San Luis Obispo's (HASLO) Moylan Terrace project; motion carried 5:0. C11. FIRE SAFE COUNCIL 383 GRANT REQUEST. ACTION: Moved by Carter /Ashbaugh to:' 1) Authorize Fire Department to submit a grant application of $5,000 to the San Luis Obispo County Fire Safe Council 383 Grant Program to fund vegetation management and wildland fuel reduction in the City -owned Open Space; and 2) Appropriate $5,000 in the Fire Department Hazard Prevention budget if grant is awarded; and 3) Authorize the City Manager to accept and execute all grant related documents; motion carried 5:0. C12. AMENDMENT NO. 9 ACTION: Moved by Carter /Ashbaugh to approve Amendment No. 9 to the Salinas Dam License Agreement to extend the permit date to June 30, 2012, and authorize the Mayor to sign the amendment between the City of San Luis Obispo and the Secretary of the Army (U.S. Army Corps of Engineers); motion carried 5:0. C13. RESPONSE TO THE GRAND JURY REPORT. "RATE SETTING AS A WATER CONSERVATION TOOL ". ACTION: Moved by Carter /Ashbaugh to direct the City Manager to submit a response to the Grand Jury titled, "Rate Setting as a Water Conservation Tool" to the Presiding Judge of the San Luis Obispo Superior Court, with a copy to the Grand Jury, by September 8, 2011; motion carried 5:0. C14. MEASURE Y PROJECT CURB RAMPS AREA 5. SPECIFICATION NO. 91050. ACTION: Moved by Carter /Ashbaugh to: 1) Approve plans and specifications for the Curb Ramps Area 5 Project, Specification No. 91050; and 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 $161,000; motion carried 5:0. C15. SILT REMOVAL —VARIOUS LOCATIONS. SPECIFICATION NO. 91065. ACTION: Moved by Carter /Ashbaugh to: 1) Approve plans and specifications for Silt Removal = Various Locations, Specification No. 91065; 2) Authorize staff to advertise for bids; 3) Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $150,000; and 4) Approve the transfer of approved project budget from the Master Silt Removal account to the projects account at time of contract award; motion carried 5:0. City Council Meeting Tuesday, July 19, 2011 C16. COMP TES. LLC. A NT Page 6 ROAD. ACTION: Moved by Carter /Ashbaugh to approve Amendment No. 1 to the Reimbursement Agreement with Orcutt Associates, LLC, a California limited liability company, for oversizing of improvements as part of Tract 2707 (Tumbling Waters), 953 Orcutt Road; motion carried 5:0. C17. REIMBURSEMENT ARCEL MAP SLO F ACTION: Moved by Carter /Ashbaugh to: 1) Tentatively approve a Reimbursement Agreement with H &D_ Maymont, "LLC, a Delaware limited liability company, Halferty Development Company, LLC, a Delaware limited liability company, and Village at Broad Street Family Housing. L.P., a California limited partnership (PARCEL MAP SLO 04- 0160, ARC /ER 62 -05, and ER 70 -08) for the oversizing of improvements at the intersection of South Street at Broad Street; 2) Authorize the City Manager to execute the agreement subject to final approval by the City Attorney and Public Works Director; 3) Recognize $371,667 in grant funding allocated from SLOCOG from the Urban State Highway Assistance Program and. appropriate the same amount for use on Capital Improvement Project No. 91127 — Capacity Enhancements and Signal Upgrades to the Highway 227 Corridor; and 4) As part of the Agreement authorize $359,000 of these funds to be used to reimburse the Developer for public improvements pursuant to terms of the Agreement; motion carried 5:0. C18. TRANSFER OF FUNDS FROM -THE -SAN LUIS OBISPO COUNTY =_SLO AREA FRINGE FEE. ACTION: Moved by Carter /Ashbaugh to: 1) Authorize the Mayor to execute the attached Contribution Agreement with the County of San Luis Obispo authorizing the Public Works Director to accept the transfer of approximately $236,156 from the County of San Luis Obispo's SLO Fringe Traffic Impact Fee Program; and 2) Recognize the $236,156 transfer from the County of San Luis Obispo's SLO Fringe Traffic Impact Fee Program and allocate the same amount for construction purposes on the Tank Farm Road /Broad Street Intersection Widening Project; motion carried 5:0. 1. PISMO OF JOH PACIFIC RAI BUSINESS ITEMS 4CTION PLAN: AT THE UNION 1 L 1 1 City Council Meeting Page 7 Tuesday, July 19, 2011 Public Works Director Walter introduced this item, following which Deputy Director of Public Works Bochum and Transportation Operations Manager-Hudson presented the agenda report and responded to questions. Public Comments Dyer Campbell, San Luis Obispo., spoke about his concerns regarding the public notification regarding this item, increased traffic on Johnson Avenue, and staff's recommendation. Cynthia Meyer, San Luis Obispo, spoke about her concerns regarding increased traffic collisions in her neighborhood as well as her support for staffs recommendation. David Kirkendall, San Luis Obispo, spoke in support of staffs recommendation. Jim Woolf, San Luis Obispo, spoke in support of staff's recommendation. Gini Griffin, San. Luis Obispo, spoke in support of staffs recommendation. Dan Rivoire, Bicycle Coalition, spoke in support of staff's recommendation. Jeff Morgan, San Luis Obispo, spoke in support of staffs recommendation.. Jody Frey, San Luis Obispo, spoke about her concerns regarding the public notification and her support of staffs recommendation. Mary Ellen Gibson, San Luis Obispo, spoke in support of staff's recommendation. Bill Casella, San Luis Obispo, spoke in support of staffs recommendation. Council Member Carpenter stated that he is more than 500 feet from this project and will therefore _ continue to participate in the discussion and decision of this item. City Attorney Dietrick concurred. Barry Rands, San Luis Obispo, spoke in support of staff's recommendation. Dave Morrow, San Luis Obispo, spoke in support of staff's recommendation. Dave Romero, San Luis Obispo, spoke in opposition to staff's recommendation. Sarah Ritter, San Luis Obispo, spoke in support of staffs recommendation. Jaime Hill, San Luis Obispo, spoke in support of staffs recommendation. Will Powers, San Luis Obispo, spoke in opposition to staffs recommendation. Matt Bush, San Luis Obispo, spoke in support of staff's recommendation. Caroline Botwin, San Luis Obispo, suggested increased signage on Johnson Avenue. City Council Meeting Page 8 Tuesday, July 19, 2011 Gary Fowler, San Luis Obispo, spoke about his concerns regarding the traffic during school days, flooding and cyclist safety. Geert de Lange, San Luis Obispo, spoke in support of staff's recommendation. Eric Meyer, San Luis Obispo, spoke in support of staffs recommendation and referenced the City's Circulation Element. James Park, San Luis _ Obispo, suggested more pedestrian cross walks and increased maintenance of the bike lanes throughout the City. - -end of public comments- - Public Works Director Walter and Public Works Deputy Director Bochum responded to public comments. Council discussion ensued during which they spoke of their support of staff's recommendation. ACTION: Moved by Ashbaugh /Smith to reaffirm the recommendation to relocate the current Johnson Avenue lane reduction from the west side to the east side of the Union Pacific Railroad Bridge at San Luis Drive; motion carried 5:0. Council recessed at 9:08 p.m. and reconvened at 9 :20 p.m. with all members present. 2. GREEN WASTE PROCESSING. Utilities Director Mattingly introduced this item., following which Utilities Conservation Manager Munds presented the agenda report and responded to questions. Public Comments There was no public comment. —end of public comments - -- ACTION: Moved by Ashbaugh /Carter to: 1) Approve the use of green waste material as Alternative Daily Cover at Cold Canyon Landfill for green waste processing; 2) Direct staff to apply the associated costs of using green waste as Alternative Daily Cover in the solid waste rate analysis for the proposed solid waste rate increase submitted by San Luis Garbage Company; and 3) Direct staff to reevaluate the green waste processing method on an annual basis as part of the solid waste rate setting process; motion carried 5:0. 3. ADOPTION OF THE CONSERVATION PLAN UPDATE FOR IRISH HILLS NATURAL RESERVE, AND ENVIRONMENTAL DETERMINATION. City Council Meeting Page 9 Tuesday, July 19, 2011 Assistant City Manager- Codron introduced this item, following which Natural Resources Manager Havlik and City Biologist Otte presented the agenda report and responded to questions. Public Comments There was no public comment. ACTION: Moved by Ashbaugh /Smith, as recommended by the Planning Commission and the Parks and Recreation Commission, to: 1) Approve Resolution No. 10289 (2011 Series ) adopting the Conservation Plan Update for Irish Hills Natural Reserve as amended; and 2) Approve a Mitigated Negative Declaration of environmental impact for the Update; motion carried 5:0. STUDY SESSION 4. - PUBLIC WORKS DEPARTMENT ASSESSMENT. City Manager Lichtig introduced this item following which Assistant City Manager Codron and Public Works Director Walter presented the agenda report and responded to questions. Gary Goelitz, Matrix Consulting Group, responded to Council questions and concerns. Public Comments There was-no public comment. Council discussion ensued during which Vice Mayor Ashbaugh stated his concerns regarding Recommendations 171 and 211; Council Member Carter stated his concerns with the funding.for Capital Improvement Projects; and Mayor Marx suggested combining City and County transit programs. Further discussion ensued, during which they discussed consolidating the Public Works and Utilities Departments. ACTION: Council received and filed the 2011 Public Works Department Assessment Report and provided feedback on process as well as scope of the assessment so that the approach can be modified for future assessments. COUNCIL LIAISON REPORTS Council Member Smith reported on her attendance at the Downtown Association Board of Directors meeting and Mass Transportation Committee meetings. Mayor Marx reported on her attendance at the Regional Transportation Authority, IWMA, and Mayor's Quarterly meetings. Vice Mayor Ashbaugh reported on his attendance at the CAPSLO meeting City Council Meeting Tuesday, July 19, 2011 Page 10 COMMUNICATIONS Council Member Smith reported that she threw out the first ball at a Blue's game and on her attendance at the Diversity Committee for the Chamber of Commerce. Vice Mayor Ashbaugh reported on his attendance at a Blue's baseball game and the soft opening of the Target store. By consensus, the majority of Council agreed to agendize a presentation regarding the proposed plastic bag ban on a future agenda. Mayor Marx reported on her attendance at the Western Car Show at Embassy, panel discussion for the Folsom Chamber of Commerce, traffic signals for railroad safety trail. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 11:40 p.m. Elaina Cano, CMC City Clerk APPROVED BY COUNCIL: ,10/04/11 1 H