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HomeMy WebLinkAbout10/04/2005MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 4, 2005 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Allen K. Settle, Christine Mulholland, Vice Mayor John Ewan and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Bill Statler, Finance Director; John Moss, Utilities Director; Jay Walter, Public Works Director; Neil Havlik, Natural Resources Manager; Tim Bochum, Deputy Director Public Works; Dario Senor, City Traffic Engineer; Jake Hudson, Assistant Engineer; Ian Parkinson, Police Captain; Sue Baasch, Administrative Analyst. City Attorney Lowell announced the following Closed Session topics. He stated that Conference #3 would involve anticipated litigation, as indicated, and that Council would first meet to determine whether a conference is appropriate. If so, the Conference would be held. 1. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code § 54956.9 California Regional Water Quality Control Board Civil Liability Complaint against the City of San Luis Obispo - Complaint No. R3- 2005-0130 2. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 Victoria O'toole v. State of California, Department of Transportation, County of San Luis Obispo; State of California v. City Of San Luis Obispo San Luis Obispo County Superior Case No: CV 030270 3. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation Pursuant to Government Code § 54956.9 (b)(1) and (b)(2) One (1) potential case City Attorney Lowell reported that the Closed Sessions were held. Council discussed Closed Session topics #1. and #2. There was no further reportable action on these items. Regarding Closed Session topic #3., Council first met to determine if it was appropriate to discuss this matter in a Closed Session. Council determined that it was and the anticipated litigation was discussed. Council took no action on this item. 1 PRESENTATIONS City Council Meeting Page 2 Tuesday, October 4, 2005 - 6:00 p.m. Mayor Romero presented a proclamation to Jeri Carroll, Treasurer, Toni Bouman, Vice Chair, and Ann Ream, Chair, of the Arts Council, recognizing and supporting the mission of the California Arts Council and declaring October 7, 2005, as California Arts Day. Mayor Romero presented a proclamation to Ann Havlik and Julia Cucinella recognizing October as National Dental Hygiene Month. PUBLIC COMMENTS Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding harassment. Gary Fowler, San Luis Obispo, asked Council to consider a project improving the Court of Flags. CAO Hamvian discussed the alternatives staff has been investigating to deal with the degraded condition of the Court of Flags. Jim Loves, representing the County Planning and Building Department, invited the Council, Planning Commission, staff and public to attend the Community 2050 workshop that will be held from 8:30 a.m. to 1:00 p.m. on October 15th in the Grace Church Ministry Hall. CONSENT AGENDA Ann Ream, Chair of the Art in Public Places Committee, spoke in support of the Capital Improvement Plan (CIP) Committee's recommendations regarding item C8. Council Member Mulholland stated her support of public art work. She referred to the red file letter from the California Integrated Waste Management Board (on file in the City Clerk's office) which she submitted related to items C6 and C7, and said that because rubberized asphalt Increases asphalting costs, she is withdrawing the red file item and has no further comments on this matter. Vice Mayor Ewan referred to item C8 (CIP Public Art Projects), and said he is pleased that Cal Poly students will be involved with the Foothill Bridge project and that he supports continued efforts on behalf of public art. Mayor Romero commended staff on its efforts related to item C4. He referred to item C5 and stressed the need for ECOSLO to comply with the conditions in its contract with the City, particularly in providing Council with a detailed semi - annual report. A brief discussion ensued during which Council acknowledged the value received from ECOSLO and noted that the conditions in the contract are being met. Staff, however, noted that they will clarify with ECOSLO the process for submitting the semi - annual reports to Council, as well as the contents of the reports. ACTION: Moved by Brown/Mulholland to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. APPROVE MINUTES OF SEPTEMBER 20, 2005, REGULAR MEETING. ACTION: Moved by Brown/Mulholland to waive oral reading and approve as presented; motion carried 5:0. City Council Meeting Page 3 Tuesday, October 4, 2005 - 6:00 p.m. C2. NAMING THE CHINESE PARK AT 1095 MARSH STREET, ACTION: Moved by Brown/Mulholland to approve that the Chinese Park at 1095 Marsh Street be named the LC YC Cheng Park; motion carried 5:0. C3. EASEMENTS FOR NACIMIENTO PIPELINE PROJECT. ACTION: Moved by Brown/Mulholland to conceptually approve granting easements for the Nacimiento Pipeline Project within City owned properties at no cost; motion carried 5:0. C4. APPLICATION FOR GRANT SUPPORT FROM THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM FOR FLOOD MANAGEMENT IMPROVEMENTS ALONG SAN LUIS OBISPO CREEK AT THE ELKS LODGE. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9736 (2005 Series) authorizing application to the California River Parkways Grant program for grant funds in amount of $500,000 in support of a flood management project along San Luis Obispo Creek at the Elks Lodge on Elks Lane, in the City of San Luis Obispo; motion carried 5:0. C5. AGREEMENT WITH THE ENVIRONMENTAL CENTER OF SAN LUIS OBISPO COUNTY (ECOSLO). ACTION: Moved by Brown/Mulholland to approve and authorize the Mayor to sign a two -year professional services agreement with the Environmental Center of San Luis Obispo County (ECOSLO), for public information and retainer services of up to $15,000 in each year of the current Financial Plan, for a total of $30,000 over the two - year life of the Agreement, retroactive to July 16, 2005; motion carried 5:0. C6. FLEET ADDITION REOUEST FOR A SKIP AND DRAG TRACTOR. ACTION: Moved by Brown/Mulholland to 1. Approve a Skip and Drag Tractor as a fleet addition. 2. Approve the transfer of $25,000 from the Street Reconstruction and Resurfacing program to fund this purchase. 3. Authorize the CAO to approve final sole source purchase of used equipment; motion carried 5:0. C7. POLYBUTYLENE SERVICE REPLACEMENT SPEC. NO. 90526. ACTION: Moved by Brown/Mulholland to 1. Award a contract to and authorize the Mayor to execute with, D -Kal Engineering in the amount of $512,497 for: Polybutylene Service Replacement Spec. No. 90526. 2. Approve transfer of $566,500 from the Polybutylene Replacement account to fund this project; motion carried 5:0. C8. 2005 -07 CAPITAL IMPROVEMENT PLAN PUBLIC ART PROJECTS. ACTION: Moved by Brown/Mulholland to approve public art funding for projects for year one (2005 -06) as part of the Capital Improvement Plan for 2005 -07; motion carried 5.0. C9, INTENTION TO ISSUE TAX EXEMPT BONDS FOR 919 PALM PARKING - OFFICES PROJECT. City Council Meeting Tuesday, October 4, 2005 - 6:00 p.m. Page 4 ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9737 (2005 Series) of intention to issue tax exempt bonds in financing the 919 Palm parking- offices project and to reimburse from the proceeds costs incurred prior to their issuance; motion carried 5.0. C10. SOUTH STREET WIDENING (ROUTE 227) BETWEEN HIGUERA AND BEEBEE STREETS. ACTION: Moved by Brown/Mulholland to: 1. Approve the transfer of $66,000 from the Capital Improvement Plan (CIP) Reserve Account to the South Street widening project, increasing the City's total contribution to $116,000. 2. Authorize the CAO to amend the existing cooperative agreement with Caltrans to provide additional funding assistance to widen the segment of South Street (State Route 227) with the revised amount not to exceed $116,000; motion carried 5.0. BUSINESS ITEMS 1. Mayor Romero declared that he has a potential conflict of interest because of the vicinity of his residence to the Bowden Ranch property. He turned the gavel over to Vice Mayor Ewan and left the Council Chamber at this time. Natural Resources Manager Havlik presented the staff report. He displayed a map of the Bowden Ranch area, discussed the offer of a donation from Bowden Ranch Partners, LP, displayed photographs of the site, discussed features of the property, and responded to questions. Public Comments No comments were forthcoming. --end of public comments— ACTION: Moved by Settle/Brown to adopt Resolution No. 9738 (2005 Series) to authorize the Mayor to accept the gift grant deed of an undivided one -half fee interest in the 180 acre portion of the Bowden Ranch which lies adjacent to but outside of the boundaries of the City of San Luis Obispo, subject to non - substantive changes approved by the City Attorney; motion carried 4:0:1 (Mayor Romero recused/absent). Mayor Romero returned to the Council Chamber at this time. 2. BULB -OUT AT CORNER OF NIPOMO AND MONTEREY STREET IN FRONT OF THE CHILDREN'S MUSEUM. Public Works Director Walter introduced this item, following which Deputy Public Works Bochum presented the staff report. His presentation included a discussion of the turning movements at the intersection of Monterey and Nipomo Streets that were analyzed by staff as a result of concerns raised by Council at the July 26"' Council meeting. He discussed other issues that may result if the bulb -out installation is deleted. Staff responded to Council's questions. 1 City Council Meeting Page 5 Tuesday, October 4, 2005 - 6:00 p.m. Public Comments Dan Feuerstein, Board Member of the San Luis Children's Museum, spoke in support of Alternative #1, deleting the bulb -out installation entirely. He responded to questions and said he thinks the bulb out is a safety issue. —end of public comments— Vice Mayor Ewan and Council Members Brown, Settle and Mulholland spoke in support of the CAD's recommendation to maintain the requirement for the bulb -out installation for the southeast corner of Nipomo Street at Monterey Street. Reasons for their support included the increased visibility the bulb -out would provide for pedestrian and vehicle traffic, its. impact on slowing traffic, and that it would create a safer and more pedestrian friendly pathway. Mayor Romero opposed the installation of the bulb -out. He explained that he does not believe the Downtown Conceptual Plan indicates bulb -outs at the locations referenced in the staff report. He discussed concerns regarding installing bulb -outs In narrow streets and the adverse impact a bulb -out would have on vehicles, particularly buses, turning right from Nipomo onto Monterey. He said the vehicles would cross opposing lanes on both Nipomo and Monterey and impede traffic movement. ACTION: Moved by Ewan/Brown to maintain the requirement for the bulb -out installation for the southeast corner of Nipomo at Monterey as part of the Children's Museum project; motion carried 4:1 (Romero opposed). 3. 2004 ANNUAL TRAFFIC SAFETY REPORT. Public Works Director Walter. Deputy Public Works Director Bochum. City Traffic Engineer Senor and Assistant Engineer Hudson presented the staff report. Their presentation included an overview of the Traffic Safety Program since 2001, notable collision locations and recommendations, pedestrian related collisions, bicycle related collisions, neighborhood traffic management, a mid year comparative analysis between January and June 2005, the interim realignment of the intersection of Buena Vista and Garfield and a more permanent design, fiscal implications of the Traffic Safety Program, and projects currently underway. Staff responded to questions throughout the presentation. Police Captain Parkinson discussed enforcement, education and engineering efforts underway to assist in the reduction of accidents. He explained that because of budget issues that have impacted staffing, there has been a decrease in the number of traffic citations issued. Public Comments David Kuykendall. San Luis Obispo, discussed his request to traffic management staff to address safety on Pismo, between Johnson and Osos, due to excessive speed. He said that all of the residents have signed a petition stating that the volume and speed of traffic on Pismo Street are unacceptable. The residents are willing to assist in coming up with creative solutions to this problem, including partial funding of traffic calming measures. City Council Meeting Page 6 Tuesday, October 4, 2005 - 6:00 p.m. Pragna Patel, San Luis Obispo, property owner in the Garfield/Buena Vista area, stressed her desire and the need for the property owners to be involved with resolutions to the traffic problems in this area. Her particular concerns related to traffic exiting the freeway and pedestrian safety, including the lack of a crosswalk for access to the trolley. Deron Brewer, Chevron Station owner on Monterey Street, also stressed the need to involve property owners in the final design for a project in the Garfield/Buena Vista area. He explained that he thinks the accidents occur with vehicles exiting the freeway from the northbound direction. He suggested that signage could assist in resolving this problem. Staff responded to questions and concerns raised by the prior speakers and Council during the ensuing discussion. In addition, CAO Hampian indicated that meetings will be held with property owners and Caltrans as staff pursues a project for the Garfield/Buena Vista area. In addition, staff will pursue ways to reduce traffic speeds on Pismo as part of the Neighborhood Traffic Management request process. —end of public comments— ACTION: Received and discussed the 2004 Annual Traffic Safety Report and associated mitigation strategies. Council recessed from 9:45 to 9:55 p.m. 4. WATER AND SEWER RATE STRUCTURE REVIEW AND RECOMMENDATIONS. Utilities Director Moss commenced the presentation with a background of this project, the recommendations, the focus of tonight's meeting, terms and concepts that will be presented, and the basic tenants of the rate structure analysis. Tom Gould, HDR/EES, provided an overview of the process used to evaluate the rate structures. He discussed the City's current water and sewer rate structures, current industry thinking and trends, the method for establishing the City's rate design goals and objectives, the development of the conceptual water and sewer rate structures that were reviewed, a technical analysis of the conceptual structures, conclusions of the study, a summary of the options, and a summary of the recommendations. Administrative Analyst Baasch explained in more detail the process undertaken in weighting the goals and developing the various rate structures. She stressed that further analysis and community involvement will be necessary before moving forward. She explained the reason why staff is recommending maintaining the current water structure, while adding a third block for residential customers (i.e., to encourage water conservation). She also discussed the alternative. She discussed the proposed sewer rate structure and explained the dramatic difference in the sewer recommendation, noting that it is intended to mirror the recommendation for the water structure. She said that staff will take Council's comments and direction, and will develop a public information program to receive further feedback from the community. Staff will then return to Council in January or February with the results of the community outreach program, an implementation strategy, and the utility billing software recommendation, as well as information regarding an automated meter reading program. 1 City Council Meeting Page 7 Tuesday, October 4, 2005 - 6:00 p.m. Staff and the consultant responded to questions throughout the presentation. During the I ensuing discussion, Council Members concurred with the recommendations as reflected in the motion that follows. Council Member Mulholland stressed that she wants the public to understand that these rates will be increased over the next ten years. She attributed this increase in rates to increased growth and development that results in new water projects. She also noted the importance of service cost recovery. Public Comments None were forthcoming. —end of public comments— ACTION: By consensus, Council gave staff direction to explore the various options in the staff report with the public and stakeholders, and expressed a strong interest in exploring a combination of volumetric and fixed charge components, as well as a third tier component for the water rate structure. COUNCIL LIAISON REPORTS Council Member Brown noted his attendance at the Architectural Review Commission meeting this week. He encouraged Council Members to periodically attend meetings for which they are liaisons. ' Council Member Settle reported that he will attend the upcoming League of California Cities' Revenue Taxation Meeting on Proposition 172. Vice Mayor Ewan reported on his attendance at the meeting of the Air Pollution Control District last week. He referenced the Clean Air Awards that were presented at that meeting, but said that other business could not be conducted as a result of a lack of quorum. Mayor Romero reported on his attendance at a joint San Luis Obispo Council of Governments (SLOCOG) and Santa Barbara County Association of Governments (SBCAG) meeting. He noted the upcoming Community 2050 workshop that will be held for the Central Coast region at Grace Church on October 15th at 8:30 a.m. COMMUNICATIONS Council Member Settle referenced a development in Northern California that is planning an entire subdivision using photovoltaic cells and initiated a brief discussion regarding energy conservation. It was noted that an Energy Conservation Element is in process for the City. At this time, staff is proposing to bring to Council at the end of the year. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:30 p.m. to Tuesday, October 18, 2005 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Audrey HooIter City Cler APPROVED BY COUNCIL: 10/18105