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HomeMy WebLinkAbout01/03/1995, Agenda. ;�InU city of san Luis oBispo REGULAR MEETING COUNCIL AGENDA Tuesday, January 3.1995 - 7:00 PM Council Chamber, City Hall 990 Palm Street, San Luis Obispo .6:30 PM - COUNCIL HEARING ROOM CLOSED'SESSIOIV CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Government Code Section 54956.9) Name of Case: Los Osos Valley Assoc. v. City of San Luis Obispo 7:00 PM - COUNCIL CHAMBER CALL TO ORDER: Mayor Allen Settle ** Lead Person - Item to come back to Council * Denotes action by Lead Person PLEDGE OF ALLEGIANCE No Asterisk - Information Only ROLL CALL: Council Members Bill Roalman, Kathy Smith, Dodie Williams Vice Mayor Dave Romero and Mayor Allen K. Settle REPORT ON ACTION TAKEN IN CLOSED SESSION Jeff Jorgensen, City Attorney, reported that Council authorized staff to file a petition for review with the California State Supreme Court, or to seek de- publication of the Court of Appeal decision. MG Council meetings are broadcast on KCPP, 913 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. 1 Council Agenda Tuesday, January 3, 1995 P. C. 1. Dean Weinman spoke regarding State Water Project concerns (C -2). P.C.2. Gary Fowler spoke in opposition to bicycle lanes on major streets. P.C.3. Randall Allen spoke regarding the lack of jobs /low compensation in San Luis Obispo, and encouraged Council to promote industries. P.C.4. Phil Ashley urged Council not to give up easements for State Water Project (C-2). ► C-1 COUNCIL MINUTES (GLADWELL) Consideration of the minutes of: Tuesday, September 6, 1994 at 7:00 p.m., Tuesday, September 13, 1994 at 6:30 p.m., Tuesday, September 20, 1994 at 7:00 p.m., Tuesday, October 4, 1994 at 7:00 p.m., Tuesday, October 18, 1994 at 8:30 a.m., and Tuesday, October 18, 1994 at 7:00 p.m., ♦ RECOMMENDATION: By motion, waive oral reading and approve minutes as amended. FINAL ACTION: Approved (5 -0). 2 b. Council Agenda Tuesday, January 3, 1995 C -2 REQUEST FOR EASEMENTS (MOSS /169) Consideration of a request by the State Department of Water Resources for easements necessary for the Coastal Branch of the State Water Project. (Continued from 12/13/94.) ♦ 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. Item not considered, to be brought back after EIR is received. C -3 NACIMIENTO WATER SUPPLY PROJECT (MOSS /511) Consideration of the revised Nacimiento Project Engineering Feasibility and Environmental Impact Report Reservation and Participation Agreement. ♦ RECOMMENDATION: By motion, 1) approve revised agreement; 2) appoint Dan Gilmore, Utilities Engineer, as the City's representative to the Nacimiento Participants Advisory Committee and John Moss, Utilities Director, as alternate; and, 3) authorize the Mayor to execute the revised agreement. FINAL ACTION. 1) Approved revised Agreement No. A- 15- 94-CC; 2) appointments made to Nacimiento Participants Advisory Committee, and 3) authorized Mayor to execute revised agreement (5 -0). C-4 AMENDMENT TO SMOKING ORDINANCE (JORGENSEN /703) Consideration of giving final passage to an ordinance amending the smoking ordinance to prohibit the smoking of tobacco products in all enclosed places of employment to the fullest extent permissible by law. (Continued from 12/13/94.) RECOMMENDATION: Give final passage to Ordinance No. 1274. FINAL ACTION. Final passage given to Ordinance No. 1274 (5 -0). C -5 FIRE STATION OFF -SITE IMPROVEMENTS (NEUMANN /92 -04) Consideration of amending the agreement with RRM Design for off -site improvements and signalization at the new Fire Station project located at 2160 Santa Barbara Street, at a cost of $19,400. ♦ RECOMMENDATION: By motion, authorize Mayor to execute the amended agreement. 3 Council Agenda Tuesday, January 3, 1995 FINAL ACTION_ Authorized Mayor to execute amended agreement (5 -0). ► C-6 WATER TREATMENT PLANT MODIFICATIONS (MOSS /S -39M) Consideration of the final project report for the Water Treatment Plant Modifications totaling $10,856,192.31, and appropriating $50,000 from water fund balance to complete the project close out. ♦ RECOMMENDATION: By motion, 1) receive and file the final project report; and, 2) approve appropriation from water fund balance. FINAL ACTION. 1) Received and filed report, and 2) approved appropriation of $50,000 from the water fund balance (5 -0). ► C -7 CHILDREN'S MUSEUM LEASE. (HAMPIAN /857) Consideration of a request from the Children's Museum to modify the agreement with the City and the museum to add a "mutual waver of subrogation" clause to the agreement, allowing both organizations to waive any rights to recover from each other losses resulting from property damage to the building at 1010 Nipomo Street. ♦ RECOMMENDATION: By motion, authorize the Mayor to execute the amended agreement FINAL ACTION: Authorized Mayor to execute amended agreement (5 -0). APPOINTMENTS P. A -1 COUNCIL LIAISON SUBCOMMITTEE APPOINTMENTS (SETTLE /ROMERO) Consideration of Council Liaison - Subcommittee appointments to the City Advisory Bodies and County /Regional Committees and Commissions. ♦ RECOMMENDATION: By motion, approve Council Liaison Subcommittee appointments for one year to December 31, 1995. FINAL AC77ON= Approved appointments (5 -0). 4 Council Agenda Tuesday, January 3, 1995 COUNCIL LIAISON REPORTS {not to exceed 15 mmutes) Council Members report on conferences or other City actroities Time limit ' 3 minutes None. ► 1. BUILDING CODE FEE SCHEDULE CORRECTIONS (JONAS /109 - 20 min.) Public hearing to consider minor corrections to the 1994 building permit fee schedule as identified by the International Conference of Building Officials. (Uniform Building Code fee Schedule adopted on 9/20/94.) ♦ RECOMMENDATION: Adopt resolution correcting the 1994 Uniform Building Code Fee Schedule. *JONAS FINAL ACTION. Adopted Resoludon No. 8381 (5 -0). ► 2. TREE APPEAL - CREEKSIDE MOBILE HOME PARK (McCLUSKEY /407 - 2 min.) Public hearing to consider an appeal by Pat Fleming of a Tree Committee decision to deny a request for removal of seven Italian Stone Pines at the Creekside Mobile Home Park on South Higuera Street. (Continued from 10/04/94.) ♦ RECOMMENDATION: The appellant has requested that this item be continued to Tuesday, January 17, 1995. * *MCCLUSKEY FWAL ACTION: Continued to 1/17195 (5-0). w Council Agenda Tuesday, January 3, 1995 None. BUSINESS ITEMS x. ► 3. SOLID WASTE FRANCHISE RENEWAL (MOSS /142 - 20 min.) Consideration of a request by San Luis Garbage Company to begin franchise renewal negotiations with the City. ♦ RECOMMENDATION: By motion, direct staff to begin negotiations. "MOSS FINAL ACTION= Directed staff to begin negotiations, and bring back a separate discussion on recycling options (5-0). ADJOURNED TO TUESDAY, JANUARY 10, 1995 AT 7.00 P.M. 6 Ma-1111 uisr cry of san lugs oBispo COUNCIL AGENDA Tuesday, January 3, 1995 - 7:00 PM Council Chamber, City Hall 990 Palm Street, San Luis Obispo 6:30 PM - COUNCIL HEARING ROOM CONFERENCE WITH LEGAL COUNSEL - EXISTING (pursuant to Government Code Section 54956.9) Name of Case: 7:00 PM - COUNCIL CHAMBER CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE Agenda Distribution List (12/8/94) I. Unpaid subscriptions: (All mtgs.unless o/w noted) AIA President ASI President "'B.I.A., Lynn Block Chamber of Commerce I Dick Cleeves /Chamber of Comm. H.Ovitt, Co.Spvrs.Chair Paul Hood, Co.Administration Housing Authority KCB. KCOY KCPR:(2)Gen.Mgr.& News Dir. KDDB KEYT KGLW KKJG KSBY KVEC L Library (front desk) Mustang Daily New Times (front desk) Pac.Bell /Brad Schram an Pac.Gas &Elec.Co /B.Boyer r Planning Comm. (% Comm. Dev.) So.Calif.Gas Co. /Vic Sterling Council of Govts. /Ron DiCarli League of Women Voters Telegram- Tribune (front desk) SLOCityEmp.Assoc /T.Girvin SLOFireBattChiefAssoc /S.Smith SLOFirefightersAssoc /D.Wunsch I SLOMMgmt- ConfEmpAssoc /D.Smith ROLL CALL: Council Members Bill Roalman, Ka SLOPoliceOffAssoc /T.DePriest Vice Mayor Dave Romero and May SLOPolStaffOffAssoc /T.Costa D Fourie CHC Chair REPORT ON ACTION TAKEN IN CLOSED SESSION welcomes na it to`the i n'tade or Wfitten; documc en ise , Citizens Ping. Alliance Earth Journal /Terry Dunnivent ECOSLO /Kurt Kupper Res.forQual.Neighbor /C.Sanders .st{ Sierra Club /Gary Felsman iou SLO Prop. Owners Assoc. Ali II.Subscriptions Paid or th Env. Provided (rest.mtgs.only): EDA (Engr. Development Assoc.) CU Ellenburg Capital Corp.' 6r Fugro- McClelland Sin Hawkins /Mark -Tell on: Johnson, Cara d':tf Local Government I RRM Design Grp. /LeeAnne Vista Information.Services Wallace, John L. & Assocs. Walter Bros. Construction Co. Council meetings are broadcast on KCPR 913 FM. The City of San Lu' all of its services, programs and activities. Telecommunications Devire f �•J City Clerk prior to the.meaing if you require a hearing amplification dc v Willdan Associates Council Agenda Tuesday, January 3, 1995 ► C -1 COUNCIL MINUTES (GLADWELL) Consideration of the minutes of: Tuesday, September 6, 1994 at 7:00 p.m., Tuesday, September 13, 1994 at 6:30 p.m., Tuesday, September 20, 1994 at 7:00 p.m., Tuesday, October 4, 1994 at 7:00 p.m., Tuesday, October 18, 1994 at 8:30 a.m., and Tuesday, October 18, 1994 at 7:00 p.m., ♦ RECOMMENDATION: By motion, waive oral reading and approve minutes as amended. . ► C -2 REQUEST FOR EASEMENTS (MOSS /169) Consideration of a request by the State Department of Water Resources for easements necessary for the Coastal Branch of the State Water Project. (Continued from 12/13/94.) ♦ 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 -3 NACIMIENTO WATER SUPPLY PROJECT (MOSS /511) Consideration of the revised Nacimiento Project Engineering Feasibility and Environmental Impact Report Reservation and Participation Agreement. ♦ RECOMMENDATION: By motion, 1) approve revised agreement; 2) appoint Dan Gilmore, Utilities Engineer, as the City's representative to the Nacimiento Participants Advisory Committee and John Moss, Utilities Director, as alternate; and, 3) authorize the Mayor to execute the revised agreement. ► C-4 AMENDMENT TO SMOKING ORDINANCE (JORGENSEN/703) Consideration of giving final passage to an ordinance amending the smoking ordinance to prohibit the smoking of tobacco products in all enclosed places of employment to the fullest extent permissible by law. (Continued from 12/13/94.) 7 Council Agenda Tuesday, January 3, 1995 RECOMMENDATION: Give final passage to Ordinance No. 1274. ► C -5 FIRE STATION OFF -SITE IMPROVEMENTS (NEUMANN /92 -04) Consideration of amending the agreement with RRM Design for off -site improvements and signalization at the new Fire Station project located at 2160 Santa Barbara Street, at a cost of $19,400. ♦ RECOMMENDATION: By motion, authorize Mayor to execute the amended agreement. ► C-6 WATER TREATMENT PLANT MODIFICATIONS (MOSS /S -39M) Consideration of the final project report for the Water Treatment Plant Modifications totaling $10,856,192.31, and appropriating $50,000 from water fund balance to complete the project close out. ♦ RECOMMENDATION: By motion, 1) receive and file the final project report; and, 2) approve appropriation from water fund balance. ► C -7 CHILDREN'S MUSEUM LEASE (HAMPIAN /857) Consideration of a request from the Children's Museum to modify the agreement with the City and the museum to add a "mutual waver of subrogation" clause to the agreement, allowing both organizations to waive any rights to recover from each other losses resulting from property damage to the building at 1010 Nipomo Street. ♦ RECOMMENDATION: By motion, authorize the Mayor to execute the amended agreement. APPOINTMENTS' ► A -1 COUNCIL LIAISON SUBCOMMITTEE APPOINTMENTS (SETTLE /ROMERO) Consideration of Council Liaison Subcommittee appointments to the City Advisory Bodies and County /Regional Committees and Commissions. ♦ RECOMMENDATION: By motion, approve Council Liaiaon Subcommittee appointments for one year to December 31, 1995. 3 P. Council Agenda Tuesday, January 3, 1965 COUNCIL'LIAISON:REPORT$ (not.ao exceed „15 minutes) Counal Members:report`on conferences or other City`activiti es. Time limit `; 3 minutes i Speaker ;Slip, the >Mayor will call; you to he podium :Please; peak ical u i :aa:;s; ;ucaceiucu >:;; fore pr: :during; the pubGC fi 1. BUILDING CODE FEE SCHEDULE CORRECTIONS (JONAS /109 - 20 min.) Public hearing to consider minor corrections to the 1994 building permit fee schedule as identified by the International Conference of Building Officials. (U niform. Building Code fee Schedule adopted on 9/20/94.) ♦ RECOMMENDATION: Adopt resolution correcting the 1994 Uniform Building Code Fee Schedule. 2. TREE APPEAL - CREEKSIDE MOBILE HOME PARK (McCLUSKEY /407 - 2 min.) Public . hearing to consider an appeal by Pat Fleming of a Tree Committee decision to deny a request for removal of seven Italian Stone Pines at the Creekside Mobile Home Park on South Higuera Street. (Continued from 10/04/94.) ♦ RECOMMENDATION: The appellant has requested that this item be continued to Tuesday, January 17, 1995. 4 Council Agenda BUSINESS :ITEMS Tuesday, January 3, 1995 No 3. SOLID WASTE FRANCHISE RENEWAL (MOSS /142 - 20 min.) Consideration of a request by San Luis Garbage Company to begin franchise renewal negotiations with the City. ♦ RECOMMENDATION: By motion, direct staff to begin negotiations. A. ADJOURN TO TUESDAY, JANUARY 10, 1995 AT 7:00 P.M. 61 IIIIIIIIII fIII������ll�llllllllll,lllll� C f Of Safl [LOS OBISPO LY COUNCIL AGENDA Tuesday, January 3 199 - 7:00 PIVI Council Chamber, City Hall 990 Palm Street, San Luis Obispo 6:30 PM - COUNCIL HEARING ROOM �� 4.') . KhtiULAK MEEIL11NU .. ......... .. .. . ...... ......... .......... ...... si. �.--!CLQSEQi. SESSION-1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Government Code Section 54956.9) Name of Case: Los Osos Valley Assoc. v. Cily of San Luis Obispo 7:00 PM - COUNCIL CHAMBER CALL TO ORDER: Mayor Allen K Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Bill Roalman, Kathy Smith, Dodie Williams Vice Mayor Dave Romero and Mayor Allen K. Settle REPORT ON ACTION TAKEN IN CLOSED SESSION Council meetings are . broadcast on KCPR, 913 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 © My C3crk prior to the meeting if you require a hearing amplification device. For more ag=da information, call 781-7103. 1 Council Agenda Tuesday, January 3, 1995 ► C -1 COUNCIL MINUTES (GLADWELL) Consideration of the minutes of Tuesday, September 6, 1994 at 7:00 p.m., Tuesday, September 13, 1994 at 6:30 p.m., Tuesday, September 20, 1994 at 7:00 p.m., Tuesday, October 4, 1994 at 7:00 p.m., Tuesday, October 18, 1994 at 8:30 a.m.; and Tuesday, October 18, 1994 at 7:00 p.m., ♦ RECOMMENDATION: By motion, waive oral reading and approve minutes as amended. . P. C -2 REQUEST FOR EASEMENTS (MOSS /169) Consideration of a request by the State Department of Water Resources for easements necessary for the Coastal Branch of the State Water Project. (Continued from 12/13/94.) ♦ 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-3 NACIMIENTO WATER SUPPLY PROJECT (MOSS /511) Consideration of the revised Nacimiento Project Engineering Feasibility and Environmental Impact Report Reservation and Participation Agreement. ♦ RECOMMENDATION: By motion, 1) approve revised agreement; 2) appoint Dan Gilmore, Utilities Engineer, as the City's representative to the Nacimiento Participants Advisory Committee and John Moss, Utilities Director, as alternate; and, 3) authorize the Mayor to execute the revised agreement. D. C-4 AMENDMENT TO SMOKING ORDINANCE (JORGENSEN /703) Consideration of giving final passage to an ordinance amending the smoking ordinance to prohibit the smoking of tobacco products in all enclosed places of employment to the fullest extent permissible by law. (Continued from 12/13/94.) 2 Council Agenda Tuesday, January 3, 1995 RECOMMENDATION: Give final passage to Ordinance No. 1274. ► C -5 FIRE STATION OFF -SITE IMPROVEMENTS (NEUMANN /92 -04) Consideration of amending the agreement with RRM Design for off-site improvements and signalization at the new Fire Station project located at 2160 Santa Barbara Street, at a cost of $19,400. ♦ RECOMMENDATION: By motion, authorize Mayor to execute the amended agreement. ► C-6 WATER TREATMENT PLANT MODIFICATIONS (MOSS /S -39M) Consideration of the final project report for the Water Treatment Plant Modifications totaling $10,856,192.31, and appropriating $50,000 from water fund balance to complete the project dose out ♦ RECOMMENDATION: By motion, 1) receive and file the final project report; and, 2) approve appropriation from water fund balance. P. C -7 CHILDREN'S MUSEUM LEASE (HAMPIAN /857) Consideration of a request from the Children's Museum to modify the agreement with the arty and the museum to add a "mutual waver of subrogation" clause to the agreement, allowing both organizations to waive any rights to recover from each other losses resulting from property damage to the building at- 1010 Nipomo Street. ♦ RECOMMENDATION: By motion, authorize the Mayor to execute the amended agreement. ► A -1 COUNCIL LIAISON SUBCOMMITTEE APPOINTMENTS (SETTLE /ROMERO) Consideration of Council Liaison Subcommittee appointments to the City Advisory Bodies and County/Regional Committees and Commissions. ♦ RECOMMENDATION: By motion, approve Council Liaiaon Subcommittee appointments for one year to December 31, 1995. 3 Council Agenda Tuesday, January 3, 1995 :COUNCIL LIAISON REPORTS (nOt to exceed 15 rninutes) CdUhdl Mein a... report on conferences ;or other City actives Time l�md 3 minutes ► 1. BUILDING CODE FEE SCHEDULE CORRECTIONS (JONAS /109 - 20 min.) Public hearing to consider minor corrections to the 1994 building permit fee schedule as identified by the International Conference of Building Officials. (Uniform Building Code fee Schedule adopted on 9/20/94.) ♦ RECOMMENDATION: Adopt resolution correcting the 1994 Uniform Building Code Fee Schedule. ► 2. . TREE APPEAL - CREEKSIDE MOBILE HOME PARK (McCLUSKEY /407 - 2 min.) Public hearing to consider an appeal by Pat Fleming of a Tree Committee decision to deny a request for removal of seven Italian Stone Pines at the Creekside Mobile Home Park on South Higuera Street (Continued from 10/04/94.) ♦ RECOMMENDATION: The appellant has requested that this item be continued to Tuesday, January 17, 1995. 4 Council Agenda BUSINESS ITEMS Tuesday, January 3, 1995 ► 3. SOLID WASTE FRANCHISE RENEWAL (MOSS /142 - 20 min.) Consideration of a request by San Luis Garbage Company to begin franchise renewal negotiations with the City. ♦ RECOMMENDATION: By motion, direct staff to begin negotiations. A. ADJOURN TO TUESDAY, JANUARY 10, 1995 AT 7:00 P.M. 5