HomeMy WebLinkAbout04-10-2018 Item 01 - Anholm Bike Plan
Meeting Date: 4/10/2018
FROM: Christine Dietrick, City Attorney
Daryl Grigsby, Director of Public Works
Prepared By: Timothy Scott Bochum, Deputy Director of Public Works
Jake Hudson, Transportation Manager
SUBJECT: CONSIDERATION OF AMENDED ANHOLM BICYCLE PLAN AND
RESOLUTION FINALLY ADOPTING THE AMENDED PLAN
RECOMMENDATION
1. Rescind Resolution No. 10866 (2018 Series) as adopted on February 20th, 2018; and
2. Adopt a revised Resolution approving the Anholm Bicycle Plan, reflecting any modifications or
amendments previously directed by the City Council and that may be directed by the City Council
through and including the conclusion of its deliberations and action at its April 10, 2018 meeting.
DISCUSSION
On February 20, 2018 Council adopted a resolution approving a modified Anholm Bike Plan.
This item had been duly noticed under State of California requirements and the action took place
after Council took public comment and engaged in a public process of deliberating, arriving at
concurrence on amendments and taking action on the properly noticed agenda item that was
clearly sufficient to apprise the public that the Anholm Bike Plan was up for discussion and
action.
On March 12, 2018 the City received a Brown Act Cure and Correct demand letter submitted by
Richard Schmidt and Keith Gurnee representing a group named “Anholm Citizens for Open
Government”. The letter outlines certain beliefs that the Council violated statutes of the Ralph
M. Brown Act by pulling the item from the Consent portion of the Agenda, discussing the item ,
accepting public comment and then taking action on a modified Plan. The Brown Act requires
that the public be given notice of items to be discussed and an opportunity to comment on those
items on the Council’s agenda before the Council takes action. The Brown Act does not require
the Council to act precisely as staff recommends, or even as the public may expect or desire,
once it considers a duly noticed agenda item at an open, public meeting – this includes items that
have been placed upon the Consent portion of a public agenda.
Specifically, § 54954.2(a)(1) of the Brown Act requires that:
At least 72 hours before a regular meeting, the legislative body of the local agency, or its
designee, shall post an agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including items to be discussed in
closed session. A brief general description of an item generally need not exceed 20
words. The agenda shall specify the time and location of the regular m eeting and shall be
posted in a location that is freely accessible to members of the public and on the local
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agency's Internet Web site, if the local agency has one
The City Attorney has reviewed the claims outlined in the Letter and concludes that:
1) The Council acted within its discretion to make modifications to a legislative/policy
action to adopt a bikeway plan.
2) The Brown Act in no way limits the Council’s authority to reject a staff recommendation
or change direction on a properly noticed item after public input and council deliberation.
3) There was no Brown Act violation related to the Council’s action; Council engaged in the
public process of deliberating, arriving at concurrence on amendments and taking action
on a properly noticed agenda item that was clearly sufficient to apprise the public that the
Anholm Bike Plan was up for discussion and action.
The City’s primary objectives in its public engagement is to accommodate different perspectives
and encourage more residents to be informed an d involved in shaping decisions. Communities
work best when residents, organizations and institutions are engaged and working together for
the good of all even when those issues are controversial and without consensus. The people who
live, work and play here take enormous pride in this city and care deeply about keeping it healthy
and vibrant even when the Council makes difficult decisions. Although the City Attorney has
found that no violation of the Brown Act occurred, for these reasons staff is recommending that
Council rescind the prior resolution adopted on February 20th and take separate action on the
Anholm Bikeway Plan as discussed at the February 6th and 20th meetings of the Council with an
updated Resolution. While the Anholm Bikeway Plan itself remains as Council approved at its
February 20th meeting, the updated resolution—included as Attachment A--includes new recitals
providing further background on public meetings and actions on the Bikeway Plan to date.
A full copy of the Anholm Bikeway Plan, as finally adopted, will be maintained on file at the
City Clerk’s office.
Anholm Bikeway Plan
The Anholm Bikeway Plan is structured in three phases as outlined below.
Phase I
a) Construct Bicycle/Pedestrian Crossing Signal at Foothill & Ferrini
b) Construct Class I Bicycle/Pedestrian Bicycle Path between Foothill & Ramona
c) Install Class IV Cycle Track in place of on-street parking on North side of Ramona
d) Initiate a residential parking district
e) Further evaluate Broad, Mission, Chorro & Lincoln Streets to determine if a Class III
shared street with traffic calming and diversion on Broad, coupled with measures to
mitigate impacts on Lincoln and other streets, is acceptable to the community. If a
solution cannot be developed to achieve established multi-modal goals, return with a
plan for protected bikeways.
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Phase II
a) Implement design for Broad, Mission, Chorro, and Lincoln developed in Phase 1
b) Construct Streetscape, Lighting & Artwork improvements at Chorro & Highway 101
Undercrossing
c) Construct extension of buffered bike lanes on Chorro from Palm to Lincoln.
d) Construct Class III Shared Street on Chorro from Palm to Monterey
e) Conduct performance monitoring & report to Council at 12 and 24 months after
implementation.
Phase III
a) Based on performance monitoring, reconsideration of further bikeway improvements
for shared street portion of route between Lincoln & Ramona. Potential
improvements to be considered at this time may include features such as protected
bike lanes, installation of a traditional bicycle boulevard on Broad Street, or
permanent traffic calming measures.
b) Incremental installation of ancillary spot improvements such as sidewalks, curb
ramps, additional street lighting and physical separation within Chorro bike lane
buffers between Palm and Lincoln.
Phase I Status Update
At the time of this report, staff is currently underway preparing construction documents for the
Foothill Crossing Signal, Class I Church path, and Ramona Class IV cycle track with
construction tentatively scheduled in the fourth quarter of 2018. Formation of the residential
parking district is also underway. The tentative schedule and work program for the final task
under phase I which is further evaluation of Broad, Mission, Chorro & Lincoln, “the middle
section”, is as depicted in the figure below.
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ENVIRONMENTAL REVIEW
The Anholm Bike Plan is categorially exempt from CEQA under Class 1, Existing Facilities;
Section 15301 and Class 4, Minor Alterations to Land, because the project would be constructed
on existing city streets within the public right of way. Supplemental environmental review may
be required depending on the outcome of continued planning work for the middle section.
FISCAL IMPACT
The fiscal impact associated with adoption of the Anholm Bikeway Plan is unchanged since the
prior council action on February 20th.
ALTERNATIVES
The Council has full discretion and may direct staff to make additional changes to the plan.
Attachments:
a - Council Resolution Adopting the Anholm Bikeway Plan
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R ______
RESOLUTION NO. ______ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING THE ANHOLM BIKEWAY PLAN
WHEREAS, the Bicycle Transportation Plan and the Land Use and Circulation Elements
to the General Plan support reducing use of single-occupant motor vehicles by supporting
alternatives, such as walking and bicycling; and
WHEREAS, the Circulation Element to the General Plan has modal split objectives of 20
percent for bicycles and 18 percent for walking, carpools, and other forms of transportation; and
WHEREAS, the proposed Anholm Bikeway Plan calls for implementation of bicycle
facilities that have been shown in other communities to provide substantial benefits to bicycle
safety and increase bicycle mode share; and
WHEREAS, the City has identified Multi-Modal Transportation as a Major City Goal,
with the purpose of prioritizing implementation of the Bicycle Transportation Plan, pedestrian
safety, and the Short-Range Transit Plan; and
WHEREAS, the Bicycle Transportation Plan recommends development of a low-impact
route for bicyclists and pedestrians connecting the downtown core to Foothill Boulevard as a “first
priority” project; and
WHEREAS, the City has adopted a Vision Zero policy to eliminate all fatal traffic deaths
and severe injuries by 2030, with a focus on improving pedestrian and bicyclist safety; and
WHEREAS, the City coordinated with neighbors and other community members on
outreach and public input through community meetings and other methods; and
WHEREAS, on January 18, 2018 the Bicycle Advisory Committee reviewed the Anholm
Bikeway Plan at a public hearing and provided recommendations to the City Council.
WHEREAS, on February 6, 2018 the City Council, after substantial public input and
debate reviewed the draft Anholm Bikeway Plan and conceptually approved the plan with phase
1 as presented, a modified phase 2 with traffic calming signage and crosswalks along Broad &
Chorro, in lieu of a cycle track and parking removal, with performance monitoring reports at 12
and 24 months, and a modified phase 3 with reconsideration of protected lanes, traditional bike
boulevard on Broad Street, and other traffic calming measures at that time; and
WHEREAS, on February 20, 2018, the Council further considered the previously directed
amendments to the proposed Anholm Bikeway Plan, pursuant to a duly noticed Council agenda
item, which apprises the public that the Anholm Bikeway Plan was on the agenda and scheduled
for discussion and action by the City Council.
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Resolution No. _____ (2018 Series) Page 2
WHEREAS, during the February 20, 2018 City Council meeting, the Council solicited
and received public comment on the duly noticed agenda item and, following public comment,
engaged in a public process of deliberating, arriving at concurrence on additional amendments
discussed at the meeting, and acting to adopt a resolution approving a modified Anholm Bikeway
Plan reflecting amendments discussed and agreed upon during the duly noticed public meeting;
and
WHEREAS, The Council acted within its discretion and in compliance with applicable
law to make further modifications to the staff recommendation and proposed resolution adopting
the bikeway plan prior to final adoption of the plan; and
WHEREAS, the City is committed to public engagement and actions that encourage more
residents to be informed and involved in shaping important community decisions and, therefore,
the City Council has placed the Anholm Bikeway Plan on the Council agenda for further discussion
and action;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that
SECTION 1. Findings. This Council, after consideration of the Anholm Bikeway Plan as
recommended by the Bicycle Advisory Committee, and subsequent modifications directed after
further Council deliberation and consideration of staff recommendations and public testimony,
makes the following findings:
1. The Anholm Bikeway Plan is consistent with the City’s General Plan and Bicycle
Transportation Plan.
2. The Anholm Bikeway Plan will develop low-stress, protected bicycle facilities, which have
been a well-documented strategy to make bicycling safer, more accessible, and attractive as a
transportation option for users of all ages and ability levels.
3. The Anholm Bikeway Plan will further the City goals to increase bicycle and walking mode
share.
4. The Anholm Bikeway Plan will provide improved infrastructure for walking and bicycling,
improving the viability of active transportation modes connecting the downtown with the
Anholm Neighborhood in addition to schools and neighborhood north of Foothill Boulevard.
SECTION 2. Environmental Review. Per Section 15304 of the State California
Environmental Quality Act (CEQA) Guidelines, the project is categorically exempt from CEQA
under Class 1, Existing Facilities; Section 15301 and Class 4, Minor Alterations to Land, because
the project would be constructed on existing city streets within the public right of way. The project
will be constructed in an area that has no value as habitat for biological resources and would not
be located in agricultural areas. The proposed street lights would be located in an urban area and
would not significantly increase light or glare beyond existing conditions. The project has no
potentially significant traffic impacts. The project is consistent with General Plan policies that
promote an integrated system of bikeways, walkways, and traffic calming measures that promote
a safe, multimodal transportation network.
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Resolution No. _____ (2018 Series) Page 3
SECTION 3. Resolution 10866 (2018 series) is hereby repealed in its entirety and
replaced with this Resolution; and
SECTION 4. Approval. The Anholm Bikeway Plan dated February 20, 2018 (as described
within the Plan Executive Summary included hereto as Exhibit A), and reflecting all amendments
directed by the City Council through and including the conclusion of its April 10, 2018 Council
meeting, is hereby adopted:
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Resolution No. _____ (2018 Series) Page 4 ANHOLM BIKEWAY PLAN EXECUTIVE SUMMARY
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Resolution No. _____ (2018 Series) Page 5 Packet Pg 111
Resolution No. _____ (2018 Series) Page 6 Packet Pg 121
Resolution No. _____ (2018 Series) Page 7 Packet Pg 131
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Staff Presentation ‐Item #1 4/10/2018
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Anholm Bikeway Plan
Resolution Revision
Staff Recommendation
1. Rescind Resolution No. 10866 (2018 Series) as adopted on February 20th,
2018; and
2. Adopt a revised Resolution approving the Anholm Bicycle Plan, reflecting any
modifications or amendments previously directed by the City Council and that
may be directed by the City Council through and including the conclusion of its
deliberations and action at its April 10, 2018 meeting.
Staff Presentation ‐Item #1 4/10/2018
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Hearing History
August 8th, 2017
City Council Study Session: Direction on Alternatives
January 18th, 2018
Bicycle Advisory Committee Meeting: Recommend Alternative to Council
February 6th, 2018
City Council Meeting: Conceptual Approval of Plan
February 20th, 2018
City Council Meeting: Adoption of Resolution & Plan
Anholm Bikeway Project Description
Phase I
a) Construct Bicycle/Pedestrian Crossing Signal at Foothill & Ferrini
b) Construct Class I Bicycle/Pedestrian Bicycle Path between Foothill & Ramona
c) Install Class IV Cycle Track in place of on-street parking on North side of Ramona
d) Initiate a residential parking district
e) Further evaluate Broad, Mission, Chorro & Lincoln Streets to determine if a Class III shared street with
traffic calming and diversion on Broad, coupled with measures to mitigate impacts on Lincoln and other
streets, is acceptable to the community. If a solution cannot be developed to achieve established multi-modal
goals, return with a plan for protected bikeways.
Phase II
a) Implement design for Broad, Mission, Chorro, and Lincoln developed in Phase 1
b) Construct Streetscape, Lighting & Artwork improvements at Chorro & Highway 101 Undercrossing
c) Construct extension of buffered bike lanes on Chorro from Palm to Lincoln.
d) Construct Class III Shared Street on Chorro from Palm to Monterey
e) Conduct performance monitoring & report to Council at 12 and 24 months after implementation.
Phase III
a) Based on performance monitoring, reconsideration of further bikeway improvements for shared street portion
of route between Lincoln & Ramona. Potential improvements to be considered at this time may include
features such as protected bike lanes, installation of a traditional bicycle boulevard on Broad Street, or
permanent traffic calming measures.
b) Incremental installation of ancillary spot improvements such as sidewalks, curb ramps, additional street
lighting and physical separation within Chorro bike lane buffers between Palm and Lincoln.
Staff Presentation ‐Item #1 4/10/2018
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Brown Act Complaint
March 12th, 2018
Anholm Citizens for Open Government
Richard Schmidt & Keith Gurnee
Claim: Council violated Brown Act by pulling the item from the February 20th
Consent Agenda, discussing the item, accepting public comment and then taking
action on a modified plan.
City Attorney Review
The item was noticed in accordance with the Brown Act and the Brown Act does
not limit the Council’s authority to reject or modify a staff recommendation after
receiving public input and Council deliberation. The Council did not violate the
Brown Act.
Phase I (2018-2019)Evaluate
If diversion does meet goals: revisit protected bike lanes
- Initiate Residential Parking District
Staff Presentation ‐Item #1 4/10/2018
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Anholm Bikeway Phase I: Middle Section Planning Schedule
- If San Luis Ranch is Scheduled for Aug 21
st, then September 4th
Phase II (2019-2020)
Option A: Broad Diversion & Calming Option B: Protected Bike Lanes
- Monitoring with Reports at 12 & 24 Months
Staff Presentation ‐Item #1 4/10/2018
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Phase III (Beyond 2020)
Staff Recommendation
1. Rescind Resolution No. 10866 (2018 Series) as adopted on February 20th,
2018; and
2. Adopt a revised Resolution approving the Anholm Bicycle Plan, reflecting any
modifications or amendments previously directed by the City Council and that
may be directed by the City Council through and including the conclusion of its
deliberations and action at its April 10, 2018 meeting.
Staff Presentation ‐Item #1 4/10/2018
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