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Home My WebLink About12/13/1994, Agenda II Ilil city of sin US o Bis0 REGULAR MEETING COUNCIL AGENDA Tuesday, December 13, 1994 - 7:00 PM Council Chamber, City Hall 990 Palm Street, San Luis Obispo 6:30 PM - COUNCIL HEARING ROOM REVISED CLOSED:SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to G.C. § 54956.8) Property: 180-190 Brook Street (APN 01-741-08) Negotiating Parties: City of San Luis Obispo Mike McCluskey Property Owner Representative Don Hubbard (Weatherwood, Inc.) Negotiation: Whether to acquire FINAL ACTION: Directed staff not to proceed with negotiations to acquire property. B. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - City v. Downey: Workers' Compensation Settlement Authority (pursuant to G.C. § 54956.9) (Continued from 12/6/94.) FINAL ACTION: Authorized a settlement up to $50,000. mc Council meetings are broadcast on KCPP,91.3 FM. The City of San Luis Obispo is committed to include the disabled in all of its services.programs and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7103. 7:00 PM - COUNCIL CHAMBER CALL TO ORDER: Mayor Allen K. Settle 1 Council Agenda .Tuesday, December 13, 1994 PLEDGE OF ALLEGIANCE ROLL CALL Council Members Bill Roalman, Dodie Williams Vice Mayor Dave Romero and Mayor Allen K. Settle REPORT ON ACTION TAKEN IN CLOSED SESSION PUBLIC COMMENT PERIOD (Not to exceed 15 minutes total) The Councu:welcomes your input..You may address the Council by completing a speakers sllp and giving it to the City Clerk prior to the meeting. At this' ime, you may address the Council on Mems that are.not on the agenda or items on the Consent<Agenda. Time lim' is three minutes State law does not allow Council to discuss or take.acuon on issues not .. on the agenda, except that members: of:the Council or >staff may: briefly respond to statements made or.questions posed by persons exercising their public testimony rights (Gov ;Code.§54954:2) :Staff may be..asked to follow-up on'such items Staff<reports and other written documentation relating to each item referred to on this.agenda: 'are:;on file m th6 ityClerk's OfficeinRoom #1 of City Hall. P.C.1. Phil Ashley asked that C-5, C-6, and C-7 be pulled. GOWENT AGENDA The :Consent Agenda is approved on one motion. Council Members may pull'.consent items to be:considered after Business items. ► C-1 WATERLINE & SEWERLINE PROJECT (McCLUSKEY/94-12) Consideration of Contract Change Order #1 for "Waterline and Sewerline Improvement Project: Higuera St. - Broad to Marsh, Marsh St. - Higuera to Santa Rosa," Specification No. 94-12; in the amount of $106,645. (Plan Profile is available in the Council Office for review.) ♦ RECOMMENDATION: By motion, approve Contract Change Order #1 and authorize appropriation of $106,645 from the Water Fund Balance to fund the Change Order. FINAL ACTION., Approved Change Order #1 and authorized appropriatation of$106,645 from the Water Fund Balance (4-0-1, vacant). ► C-2 BUILDING DEMOLITION PROJECT (McCLUSKEY/95-19A) Consideration of specifications for 'Building Demolition Project: 2160 Santa Barbara Street," Specification No. 95-19A; engineer's estimate $140,000 including contingencies. (Plans and specifications are available in the Council Office for review.) 2 Council Agenda Tuesday, December 13, 1994 ♦ RECOMMENDATION: By motion, approve specifications, authorize staff to advertise for bids, and authorize the CAO to award a contract if the lowest responsible bid is within the budget. FINAL ACTION. Approved specifications, authorized staff to advertise for bids, and authorize the CAO to award contract (4-0-1, vacant). ► C-3 REQUEST FOR EASEMENTS (MOSS/517) Consideration of a request by the State Department of Water Resources for easements necessary for the Coastal Branch of the State Water Project. ♦ RECOMMENDATION: 1) Adopt resolution granting a permanent pipeline and access road easement and a temporary construction easement on City property located on Fox Hollow Road near the base of Cuesta Grade; and, 2) Adopt resolution granting a permanent access road easement using an existing roadway which crosses City property located on Stenner Creek Road. FINAL ACTION. Continued to a later date (4-0-1, KS-not participating). ► C-4 ELECTION CANVASS (GLADWELL/324) Consideration of the canvass results of the General Municipal Election held Tuesday, November 8, 1994. ♦ RECOMMENDATION: Adopt resolution declaring results. FINAL ACTION. Adopted Resolution No. 8379 (4-0-1, vacant). ► C-5 SAN LUIS CREEK STUDY (LeSAGE/596) Consideration of allocating $1,800 from the Open Space Parkland/Acquisition/Parkland Fund for a design concept of a passive Park/Open Space on the San Luis Creek from Marsh Street to Madonna Road and authorizing the City Administrative Officer to enter into an agreement with the Cal Poly Landscape Architecture Department to perform the appropriate services. ♦ RECOMMENDATION: By motion, approve allocation of funds and authorize the City Administrative Officer to enter into an agreement with Cal Poly Landscape Architecture Department. FINAL ACTION. Approved (4-0-1, KS-not participating). ► C-6 OPEN SPACE MAPPING (LeSAGE/462) Consideration of allocating $12,000 from the Open Space Parkland Acquisition/Parkland Fund for development of a resource data base in Geographic Information System (GIS) 3 Council Agenda Tuesday, December 13, 1994 format of the City's greenbelt area and entering into an agreement with the Cal Poly Landscape Architecture Department to perform the appropriate services. ♦ RECOMMENDATION: By motion, approve allocation of funds and authorize the City Administrative Officer to enter into an agreement with Cal Poly Landscape Architecture Department. FINAL ACTION. Continued to 1/17/95 (4-0-1, KS-not participating). ► C-7 OPEN SPACE ACQUISITION PRIORITY PLAN (LeSAGE/462) Consideration of allocating $15,000 from the Open Space Parkland/Acquisition/Parkland Fund for development of an Open Space Acquisition Priority Plan and authorizing the City Administrative Officer to enter into an agreement with the San Luis Obispo Land Conservancy to perform the appropriate services. ♦ RECOMMENDATION: By motion, approve allocation of funds and authorize the City Administrative Officer to enter into an agreement with the Land Conservancy. FINAL ACTION. Continued to 1/17/95 (4-0-1, KS-not participating). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit 3'minutes. C.L.R.1. Bill Roalman reported that SLOCOG placed the Highway I bypass and Santa Rosa/Highway 101 interchange in their work program. PUBLIC HEARINGS If you have filled out a Speaker Slip, the Mayor will call you to the podium. Please.:9peak into the microphone and give your name and city of residence for the record..Please limit . your comments to 3 minutes; consultant and project presentations limited to 10`:minutes::. If you challenge the issue in court, you may be limited to raising only those issues.you or someone else raised at this public hearing as described below, or:::.:.in'written ..::.correspondence delivered to the City before or during the public hearing. --------------- ► 1. APPOINTMENT TO VACANT COUNCIL SEAT (SETTLE - 1 hr.) Public hearing to consider an appointment to fill a vacant Council seat. (Continued from 12/6/94.) 4 Council Agenda Tuesday, December 13, 1994 ♦ RECOMMENDATION: 1) By motion, nominate a Council Member to serve a term of office to end December 1, 1996; and, 2) adopt resolution appointing aforementioned Council Member. (Please bring your agenda material from the 12/6/94 meeting.) FINAL ACTION. Nominated Kathleen Smith and adopted Resolution No. 8380 appointing Kathleen Smith immediately (4-0-1, vacant). ► 2. AMENDMENT TO SMOKING ORDINANCE (JORGENSEN/703 - 10 min.) Public hearing to consider amending the smoking ordinance to prohibit the smoking of tobacco products in all enclosed places of employment to the fullest extent permissible by law. RECOMMENDATION: Introduce ordinance to print amending.Sections 8.16.040 and 8.16.070 of the San Luis Obispo Municipal Code prohibiting smoking in certain public places. FINAL ACTION. Introduced to print Ordinance No. 1274 (4-0-1, KS-not participating). _COMMUNICATIONS (not to exceed 15 minutes) ;<;At:tlis time; any Council Member or the City Administrative Officer may'ask a`questior"for ' "clarification; make an announcement, or report briefly on his or her activities:: In.`addit on ; subject to Council Policies and Procedures, they may provide a reference to staff or.other resources for factual information, request staff to report back to the CounciI:'aV.a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda (Gov. Code §54954.2). None. BUSINESS ITEMS ► 3. SPECIAL MUNICIPAL ELECTION (GLADWELL/324 - 15 min.) Consideration of calling a Special Municipal Election on March 28, 1995 (in the event the Council seat is not filled during the public hearing held this evening). ♦ RECOMMENDATION: 1) Adopt resolution calling a Special Municipal Election on March 28, 1995; and, 2) Adopt a resolution requesting the Board of Supervisors of the County of San Luis Obispo conduct the election. FINAL ACTION. Not heard. 5 Council Agenda Tuesday, December 13, 1994 ► 4. JENNIFER STREET BRIDGE OPTIONS (McCLUSKEY/94-02A - 30 min.) Consideration of options for locating access to the Jennifer Street Bridge from the west side of the railroad. ♦ RECOMMENDATION: Consider recommendations of the Bicycle Committee and, by motion, authorize staff and consultants to pursue access Option #1 (access near the southern end of Osos Street). FINAL ACTION. Authorized staff to pursue Option #1 (4-0-1, KS-not participating). 5. FINANCIAL,PLAN CALENDAR (DUNN/233 - 20 min.) Consideration of the 1995-97 Financial Plan calendar. ♦ RECOMMENDATION: By motion, approve preliminary calendar for preparing the 1995-97 Financial Plan. FINAL ACTION. Approved calendar (5-0). ADJOURNED TO WEDNESDAY, DECEMBER 14, 1994 AT 6.00 P.M. IN THE SENIOR CENTER (SANTA ROSA & BUCHON STREETS). 6 Agenda Distribution List '1 1 (12/8/94) I. Unpaid Subscriptions; IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII VIII (All mtgs.unless o/w noted) �II US 0�� O AIA President u L n I ASI President O �+ B.I.A. , Lynn Block Chamber of Commerce Dick Cleeves/Chamber of Comm. COUNCIL AGENDA H.Ovitt, Co.Spvrs.Chair Tuesday December 13, 1994 - 7.00 EM Paul Hood, Co.Administration Housing Authority Council Chamber, City Hall KCBx 990 Palm Street, San Luis Obispo KCOY KCPR: (2)Gen.Mgr.&News Dir. 6:30 PM - COUNCIL HEARING ROOM KDDB REVISED KELT KGLW KKJG CLOSED SESSION KSBY KVEC Library (front desk) A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Mustang Daily (pursuant to G.C. § 54956.8) I New Times (front desk) Pac . Bell/Brad Schram Pacif.Gas&Elec.Co/B.Boyer Property: 180-190 Brook Street (APN 01-741-08) Planning Comm. (% Comm. Dev.) So.Calif.Gas Co./Vic Sterling Negotiating Parties: City of San Luis Obispo Council of Govts./Ron DiCarli Mike McCluskey League of Women Voters Telegram-Tribune(frnt dsk) a Pro Owner Representative SLOCityEmp.Assoc/T.Girvin ID p SLOFireBattChiefAssoc/S.Smith Don Hubbard (Weatherwood, Inc.) i SLOFirefightersAssoc/D.Wunsch SLOMMgmt-ConfFmpAssoc/D.Smith Negotiation: Whether to acquire SLOPoliceoffAssoc/T.DePriest SLOPolStaffOffAssoc/T.Costa B. CONFERENCE WITH LEGAL COUNSEL - Existin Liti • Denise Fourie, CHC Chair Workers' Compensation Settlement Authority (pursuant Citizens Ping. Alliance p � (p Earth Journal/Terry Dunnivent (Continued from 12/6/94.) ECOSLO/Kurt Kupper- Res.forQual.Neighbr/C.Sanders 7:00 PM - COUNCIL CHAMBER I Sierra Club/Gary Felsman SLO Prop, Owners Assoc. CALL TO ORDER: Mayor Allen K. Settle II.Subscriptions Paid or Env. Provided(reg.mtgs.only) PLEDGE OF ALLEGIANCE IDA (Engr. Development Assoc) Ellenburg Capital Corp. Fugro-McClelland ROLL CALL: Council Members Bill Roalman; Do� Hawkins/Mark-Tell Vice Mayor Dave Romero and May Johnson, Cara Local Government Services RRM REPORT ON ACTION TAKEN IN CLOSED SESSION Vis Design Grp./Lee Vista Information Services Wallace, John L. & Assocs. Walter Bros. Construction Co. Willdan Associates Council meetings are broadcast on KCPP.91.3 FM. The City of San I all of its services,programs and activities. Telecommunications Device f, City Clerk prior to the meeting if you require a hearing amplification d Council Agenda Tuesday, December 13, 1994 PUBLIC.COMMENT PERIOD (Not to exceed 15 minutes total) The Council welcomes yourinput. You may address the Council by completing a speakers slip and giving it a.the'CityClerk.prior to the meeting At: time, you may address the Council on it that are'not on the agenda or."items'on the Consent Agenda. Time limit �s three minutes State'law does not allow Council to discuss or take action on issues not on the agenda, except that members of the'Council or'staff may briefly respond to statements made orquestions posed by'persons exercising their'public testimony nghts (Gov Code X54954"2) Staff may be ,asked to.follow=up on such items Staff, reports and. other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room #1 of City Hall C9NSENT Q►GENDl1 The Consent Agenda is approved on one motion.. Counctl Members may pull consent items to be:Considered.after Business items. ► C-1 WATERLINE & SEWERLINE PROJECT (McCLUSKEY/94-12) Consideration of Contract Change Order #1 for "Waterline and Sewerline Improvement Project: Higuera St. - Broad to Marsh, Marsh St. - Higuera to Santa Rosa," Specification No. 9412; in the amount of $106,645. (Plan Profile is available in the Council Office for review.) ♦ RECOMMENDATION: By motion, approve Contract Change Order #1 and authorize appropriation of $106,645 from the Water Fund Balance to fund the Change Order. ► C-2 BUILDING DEMOLITION PROJECT (MCCLUSKEY/95-19A) Consideration of specifications for 'Building Demolition Project: 2160 Santa Barbara Street," Specification No. 95-19A; engineer's estimate $140,000 including contingencies. (Plans and specifications are available in the Council Office for review.) ♦ RECOMMENDATION: By motion, approve specifications, authorize staff to advertise for bids, and authorize the CAO to award a contract if the lowest responsible bid is within the budget. 2 Council Agenda Tuesday, December 13, 1994 ► C-3 REQUEST FOR EASEMENTS (MOSS/517) Consideration of a request by the State Department of Water Resources for easements necessary for the Coastal Branch of the State Water Project. ♦ RECOMMENDATION: 1) Adopt resolution granting a permanent pipeline and access road easement and a temporary construction easement on City property located on Fox Hollow Road near the base of Cuesta Grade; and, 2) Adopt resolution granting a permanent access road easement using an existing roadway which crosses City property located on Stenner Creek Road. ► C-4 ELECTION CANVASS (GLADWELL/324) Consideration of the canvass results of the General Municipal Election held Tuesday, November 8, 1994. ♦ RECOMMENDATION: Adopt resolution declaring results. ► C-5 SAN LUIS CREEK STUDY (LeSAGE/596) Consideration of allocating $1,800 from the Open Space Parkland/Acquisition/Parkland Fund for a design concept of a passive Park/Open Space on the San Luis Creek from Marsh Street to Madonna Road and authorizing the City Administrative Officer to enter into an agreement with the Cal Poly Landscape Architecture Department to perform the appropriate services. ♦ RECOMMENDATION: By motion, approve allocation of funds and authorize the City Administrative Officer to enter into an agreement with Cal Poly Landscape Architecture Department. ► C-6 OPEN SPACE MAPPING (LeSAGE/462) Consideration of allocating $12,000 from the Open Space Parkland Acquisition/Parkland Fund for development of a resource data base in Geographic Information System (GIS) format of the City's greenbelt area and entering into an agreement with the Cal Poly Landscape Architecture Department to perform the appropriate services. ♦ RECOMMENDATION: By motion, approve allocation of funds and authorize the City Administrative Officer to enter into an agreement with Cal Poly Landscape Architecture Department. 3 I Council Agenda Tuesday, December 13, 1994 ► C-7 OPEN SPACE ACQUISITION PRIORITY PLAN (LeSAGE/462) Consideration of allocating $15,000 from the Open Space Parkland/Acquisition/Parkland Fund for development of an Open Space Acquisition Priority Plan and authorizing the City Administrative Officer to enter into an agreement with the San Luis Obispo Land Conservancy to perform the appropriate services. ♦ RECOMMENDATION: By motion, approve allocation of funds and authorize the City Administrative Officer to enter into an agreement with the Land Conservancy. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members:report on conferences or other Cdy activkies Time limd :3 minutes ":'..*U: BLIC HEARINGS If you havefilled out a Speaker`Slip, the. Mayor will salt'you'to the podium Please speak into the microphone and gNe your name and city of.residence'for the record.' 'Please hmit your comments to`3 minutes;'consultant and`,project presentations limited to 10'minutes If you'challenge the:issue in court; you may be limited to raising`only those issues you or.. .. someone'. else raised at. this: 'public hearing as': `described below, or: in`carmen corres ondence delivered to the.City.beforeor.during the public.hearing.. ► 1. APPOINTMENT TO VACANT COUNCIL SEAT (SETTLE - 1 hr.) Public hearing to consider an appointment to fill a vacant Council seat. (Continued from 12/6/94.) ♦ RECOMMENDATION: 1) By motion, nominate a Council Member to serve a term of office to end December 1, 1996; and, 2) adopt resolution appointing aforementioned Council Member. (Please bring your agenda material from the 12/6/94 meeting.) ► 2. AMENDMENT TO SMOKING ORDINANCE (JORGENSEN/703 - 10 min.) Public hearing to consider amending the smoking ordinance to prohibit the smoking of tobacco products in all enclosed places of employment to the fullest extent permissible by law.. 4 Council Agenda Tuesday, December 139 1994 RECOMMENDATION: Introduce ordinance to print amending Sections 8.16.040 and 8.16.070 of the San Luis Obispo Municipal Code prohibiting smoking in certain public places. (This item was formerly #1) COMMUNICATIONS (not'to exceed 15 rminutes) At this Ume,.>;any Council,Member;or the City Administrative Officer may ask:A question for clarfication:'snake.an announcement, or;report:briefly on his or her activities.:.. In add on, subjectt Council.Policies and Procedures they may provide a reference to:staff or°other resources"`for factual information, request staff to report' back to the Council' at a subsequent'meetingconcerning:any matter, or take action to direct staffto place a matter of business:on 9 future agenda'(Gov: Code §54954.2). "::°'BUSINESS`:ITEMS ► 3. SPECIAL MUNICIPAL ELECTION (GLADWELL/324 - 15 min.) Consideration of calling a Special Municipal Election on March 28, 1995 (in the event the Council seat is not filled during the public hearing held this evening). ♦ RECOMMENDATION: 1) Adopt resolution calling a Special Municipal Election on March 28, 1995; and, 2) Adopt a resolution requesting the Board of Supervisors of the County of San Luis Obispo conduct the election. ► 4. JENNIFER STREET BRIDGE OPTIONS (McCLUSKEY/94-02A - 30 min.) Consideration of options for locating access to the Jennifer Street Bridge from the west side of the railroad. ♦ RECOMMENDATION: Consider recommendations of the Bicycle Committee and, by motion, authorize staff and consultants to pursue access Option #1 (access near the southern end of Osos Street). (This item was formerly #2) 5 1 Council Agenda Tuesday, December 13, 1994 S. FINANCIAL PLAN-CALENDAR (DUNN/233 ='20 min. Consideration of the 1995-97 Financial Plan calendar:. 0 RECOMMENDATION: By motion, approve preliminary calendar for preparing'the 1995-97 Fnancial Plan. A. ADJOURN TO THURSDAY; DECEMBER 15, 1994 AT 6:00 P.M. IN THE SENIOR CENTER (SANTA ROSA & BUCHON STREETS) 6 z � In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION No. c1v1-61X39-0--7 City of STA STATE OF CALIFORNIA, ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not r Ium��R��CITY OF ii san furs osrspo CITY COUNCIL interested in the above-entitled matter PUBLIC HEARINGS on Tuesday,December 13, 1994, the San Luis Obispo I am now, and at all times embraced City Council will hold a public hearing to consider amend- ing the San Luis Obispo in the publication herein mention was, the principal clerk Municipal Code regarding prohibiting smoking in all enclosed places of employ- of the printers and publishers of the SAN LUIS OBISPO meat the fullest extent permisssible by law.The meet- ing will begin at 7:00 p.m. in the ouncil Chambers of City COUNTY TELEGRAM-TRIBUNE, a newspaper of general Hall,990 Parn streets. The report will be available for review in the City Clerk's circulation, printed and published daily, Sundays ex- Department on the Wednes- day before the meeting. For more information, please call cepted, at the City of San Luis Obispo in the above 781.7103. The council may also dis- cuss other hearings or busi- named county and state; that notice ness items before or after those listed. If you challenge any one of the proposed actions described below in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In written at which the annexed clipping is a true printed copy, was correspondence delivered to the City Council at,or prior to, published in the above-named newspaper and not in any the public hearing. CITY OF SAN LUIS OBISPO supplement thereof — on the following dates, to-wit: Diane R.Gladwell,City Clerk Dec 3,1994 _ dv6M December 3 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the provisions of Chapter 1, Division 7, Title of the Government Code of the State of California. I certify (or declare) under penalty of perjury that the foregoing is true and correct. (Signature of Principal Clerk) Date December 3 1 19 94