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07/02/1996, Agenda
council agenda CITY OF SAN LUIS OBIS PO CITY HALL, 990 PALM STREET Tuesday, July 2, 1996 Amon UPDATE ............... S 30 PM. ... ......... ..............X..:: ............ ..... .....C. .... ....... XX.:.:.X..�..% ...... .......... ...... .......... . ...... . ........ ................ ................. X: CONFERENCE WITH LEGAL COUNSEL - Pursuant to Government Code.§ 54956.9 Existing Litigation: McCartin v. City of San Luis Obispo ................ 7REGULAR fiAEETING . .......... .......... ........ 6:raokm. unilly.0661�q. :p : .::: ........... .............. . ... i.. .. ......... .......... ..... d '.. ........... ................ ...... .... t....... ................................... .. ............. .... .. .......... ...sys sy:.......................... ................ .. ............ PRESENT: Council Members Bill Roalman, Dave Romero, Kathy Smith, Vice Mayor Dodie Williams and Mayor Allen K. Settle ................. ....... ...... VUBLI0Z0MMEW- .......... ..... .. : ." .. ....... ........... ft V youra speakers slip andgmng;if to the City Eterk address. are dot:on the ag........wqr. i4 aw Moes... ...... .........not.... ... allow l to distxus;;or take ........ may... :. ... .. t on the agentla, except that members of the Counal ..... ... ................... ............................. or . .b . d4oMAN . .......... ........ ...... ........ ..... .. .. testimony nghts{Got Code §54954 . . ..... ................. .t..h..t.............. . :. .. XP. . ... ............e..:.:.a..... . Re...w.....t....f..e.. ........ .. .... .............. Cierk's ... ......... ............ . ...... ............ ....... ......... so .. ......................... x ........... .. ....... .......................... .............. P.C.1. Jay Elder and Malcolm Carlaw asked Council to revisit on a future agenda an historic preservation tax incentive program and presented a petition signed by over sixty people. Referred to staff. Council Agenda Tuesday, July 2, 1996 ....................... ......... .... .......................................... CONSENT AGENDA :Th .......... .. ......... .... .. ........... .... .. ...... . .............. ....................... ................ ...... ....... .. ...................... ................ ...... ............ ........ ....... ............................... ....................... .. Consent....... genUIs.M)m AMOt.............rCQU 'MS . .t P. PUll. cos art Mems to be ...... ... ........... .......... ......... .............. vonsidekie:d.Aew Business . .. .......... .... .................. ...... ............. .................................... . :.:... ................................................................. ......... ..... ... ......... .......... ................................................. . C1. COUNCIL MINUTES (CONDON) Consideration of the minutes of Tuesday, June 11, 1996 at 7:00 p.m.; Tuesday, June 18, 1996 at 6:30 p.m.; and Tuesday, June 18, 1996 at 7:00 p.m. ♦ RECOMMENDATION: By motion, waive oral reading and approve minutes as amended. FINAL ACTION.- Approved (5-0). C2. PACIFIC BELL UTILITY EASEMENT (McCLUSKEY/169) Consideration of a request by Pacific Bell to purchase an exclusive utility easement within the Laguna Lake Golf Course property. * RECOMMENDATION: Adopt resolution granting an exclusive utility easement to Pacific Bell. FINAL ACTION.- Resolution No. 8550 adopted (5-0). C3. PARK IMPROVEMENTS (McCLUSKEY/96-22A) Consideration of plans and specifications for "Neighborhood Park Improvement Project: Emerson Park Playground," Specification No. 96-22A, engineers estimate $49,200. (Plans and specifications are available in the Council Office for review.) * RECOMMENDATION: 1) Approve plans and specifications; 2) authorize the Public Works staff to solicit bids; and, 3) authorize the CAO to award the construction contract to the lowest responsible bidder. FINAL ACTION: Approved (5-0). C4. WIRELESS RADIO NETWORK (McCLUSKEY/502) Consideration of authorizing the Public Works Director to issue an encroachment permit for Metricom, Inc., to install and operate a wireless digital communications radio network on facilities located in the public right-of-way. 2 Y. Y Tuesday, Jul 2, 1996 Council Agenda ♦ RECOMMENDATION: Authorize Public Works Director to issue permit. FINAL ACTION. Approved (5-0). C5. EMERGENCY RESPONSE SERVICES (NEUMANNl721) Consideration of a five-year contract with Cal Poly for emergency response fire protection services. ♦ RECOMMENDATION: Approve and authorize the Mayor to execute the agreement. FINAL ACTION. Approved (5-0). C6. DELINQUENT SOLID WASTE ACCOUNTS (MOSS/502) Consideration of placing liens against properties with delinquent solid waste accounts. ♦ RECOMMENDATION: Adopt resolution authorizing the County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as liens against the properties involved. FINAL ACTION. Resolution No. 8551 approved (5-0). C7. PAY FOR PERFORMANCE PLAN (SLATE/627) Consideration of establishing a Management Compensation Plan for appointed officials, Department Heads and other management personnel. ♦ RECOMMENDATION: Adopt resolution approving a management compensation plan which includes a pay for performance program. FINAL ACTION. Resolution No. 8552 adopted (5-0). C8. PERS CONVERSION (SLATE/631) Consideration of converting the Public Employees' Retirement System (PERS) employer paid member contributions to compensation for the Police Staff Officers' Association. ♦ RECOMMENDATION: Adopt resolution approving the conversion pursuant to Section 414(b)(2) of the Internal Revenue Code. FINAL ACTION. Resolution No. 8553 approved (5-0). C9. EMPLOYEE SUGGESTION PROGRAM (SLATE/604) Consideration of the Employee Suggestion Program. 3 Council Agenda Tuesday, July 2, 1996 , ♦ RECOMMENDATION: Approve the revised Employee Suggestion Program. FINAL ACTION. Approved (5-0). C10. BANNER WAIVER (HAMPIAN/805) Consideration of a request for banner location waiver for the Performing Arts Center Grand Opening Festival. ♦ RECOMMENDATION: Waive the requirement under the City's Banner Policy that banners be hung only on Higuera or Marsh Street and allow the festival banner to be hung on Monterey Street near the Osos Street intersection. FINAL ACTION. Approved (5-0). C11. MULTI-MODAL CENTER PARTNERSHIP (McCLUSKEY/549) Consideration of supporting the San Luis Obispo Council of Governments' (SLOCOG) application for a $12,000 Federal Transit Administration (FTA) Section 18(i) Intercity Bus Program grant to fund a study on enhancing Private/Public Partnerships in the development of a multi-modal transfer center for the cities of San Luis Obispo, Atascadero and Paso Robles. ♦ RECOMMENDATION: Support SLOCOG's application and authorize the expenditure of up to $4,000 in Transportation Development Act funds to finance the City's portion of the agency matching funds required by the grant. FINAL ACTION. Resolution No. 8555 adopted (5-0). C12. URBAN COUNTY COOPERATION AGREEMENT (JONAS/427) Consideration of a Cooperation agreement with the County of San Luis Obispo regarding City participation in the Urban County Community Development Block Grant (CDBG) for program years 1997 through 1999. ♦ RECOMMENDATION: Adopt resolution approving the cooperation agreement. FINAL ACTION: Resolution No. 8554 adopted (5-0). C13. GENERAL PLAN AMENDMENT/ZONE RECLASSIFICATION (JONAS/463) Consideration of a request to amend the-General Plan and Zoning map, and text amendments to allow development on the westerly side of Calle Joaquin, south of Los Osos Valley Road and immediately south of Motel 6 (GP/R 7-96); John Franks, applicant. (Continued from 6/18/96.) 4 Council Agenda Tuesday, July 2, 1996 ♦ RECOMMENDATION: Adopt resolution denying the proposed General Plan amendments, zone reclassification, and fee waiver. FINAL ACTION. Continued to Tuesday, July 16, 1996 (3-2, BRAS-no). T.T77......... .... NoX .......... APPOINTMENTS ....... ............ All. PERFORMING ARTS CENTER COMMISSION (HAMPIAN/854) Consideration of the reappointment of City representatives to the Central Coast Performing Arts Center Commission. * RECOMMENDATION: Reappoint City Administrative Officer as a delegate and the Assistant City Administrative Officer as an alternate to the commission. FINAL ACTION: Appointment approved as amended to designate the Vice Mayor as alternate to the Mayor. (5-0). A2. CITIZENS' TRANSPORTATION ADVISORY COMMITTEE (ROMERONVILLIAMS/123) Consideration of an appointment of a City delegate to the Citizens' Transportation Advisory Committee (CTAC) to expire on 3/31/99. ♦ RECOMMENDATION: Appoint Henry Case as delegate to CTAC and thank Pat Veesart for his service to the community. FINAL ACTION.- Appointment approved (5-0). A3. CULTURAL HERITAGE COMMITTEE (ROALMAN/SMITH/123) Consideration of an appointment to the Cultural Heritage Committee (CHC) to fill an unexpired term ending on 3/31/2000. * RECOMMENDATION: Appoint Matt Whittlesey to the CHC and thank Astrid Gallagher for her service on the committee. FINAL ACTION. Appointment made (5-0). 5 Council Agenda Tuesday, July 2, 1996. .......................... ........... ........ . .......... . .. ...................... ....:..�..:...e.o....ukd ..-t� .LIAISON. .... ...RE.P...O...Ft...m.... . ........ . ................. ............... .. . .... . .............,.. ...... ..... . ..... 116. . kd&d 15:minutes) . . .W .Menberwreporton conferences .tarty ao .re larnt =3 minutes . .::..:... ................ ............................ . V .................. No liaison reports. .. .. ........ ............... .......................................... ..................... .......... .............................................. . . .......... ......................... .PUBLIC' - .... .. HEARINGS If you"o-so#lave filled ... . ...b....0.....t..d'..:S...o8.....9.......0.... :0jpi: d. .... Yo...r..:.W.. JV:. ; .. Sd speak into : Vp qW .gnre rftaft.40d If ITo nWt 3 d minutes,�onsultarst X..".:... .........I..X. .s..... ......................... ... ................................................................................. .... ......... ... eft . mit ed to t0:'minute. If yna:challenge an issue in court, you may krft0 raising .IV those M descdb4d:b6bW hdoncesd6hfv6 X1.W: the Oftir before or during:the Public heanng ............. V :X.: ........... ............ . ....... .................... ........ .... .. .... .......... I PROMOTIONAL COORDINATING COMMITTEE GRANTS-IN-AID (HAMPIAN/1050 - 10 min.) Public hearing to consider recommendations from the Promotional Coordinating Committee for Grants-In-Aid funding to 31 organizations in a total amount of$80,700 for 1996-97. (Continued from 6/4196.) ♦ RECOMMENDATION: Adopt resolution authorizing staff to develop and execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution and inclusive of any modifications made by the Council. FINAL ACTION.- Resolution No. 8556 adopted as amended to delete Woods Humane Society, grant an additional$1,200 to Music and the Arts for Youth, and allow$1,000 from the reserve to go to the Soccer Club (4-0-1; KS not participating). PCC directed to review its grant criteria prior to the next grants-in-aid cycle. 2. TK PROJECT - GROCERY STORE USE PERMIT (JONAS/407 - 90 min.) Public hearing to consider an appeal by Mike Timm of a Planning Commission action to deny a use permit for a grocery store at 154 Suburban Road (A 6-96); M. Timm Development, Inc., Larry and Linda Kreutzkampf, property owners. * RECOMMENDATION: Adopt resolution denying the appeal and upholding the Planning Commission's action. FINAL ACTION.- Resolution No. 8557 adopted upholding the appeal based on findings that 1) Food 4 Less is more of a warehouse store in character then a neighborhood-commercial center and is therefore consistent with General Plan Policy 3.5.2(C); 2) warehouse stores are an allowable use in the C-S zone, and 3) Food 4 Less has more of a regional serving character than a neighborhood commercial center and is consistent with General Plan Policy 3.5.1, and conditions set forth in the May 8, 1996 Planning Commission staff report (3-2; BR/AS-no). 6 Council Agenda Tuesday, July 2, 1996 3. REZONING - 3030 BROAD STREET (PD 129-95) (JONAS/463 - 30 min.) Public hearing to consider a request to rezone property at 3030 Broad Street (the Brickyard) from Service-Commercial to Service-Commercial Planned Development to allow large office uses and other miscellaneous uses not otherwise allowed in the C-S zone; 3030 Inc., property owner. ♦ RECOMMENDATION: Introduce an ordinance to print approving a negative declaration and rezoning the parcel from Service-Commercial ((C-S) to Service Commercial Planned Development (C-S-PD), based on findings and subject to conditions as noted in the draft ordinance. FINAL ACTION: Ordinance No. 1299 introduced as amended to allow retail sales of videos and music and allow 4,000 sq. feet be permitted for restaurant food service uses without a Use Permit (5-0). 4. GENERAL PLAN AMENDMENT - 1318 PACIFIC (JONAS/463 - 30 min.) Public hearing to consider a request to amend the Land Use Element (LUE) map designation from Medium-Density Residential to Office, and amend the zoning map from R- 2 to O, for property located at 1318 Pacific Street; Margaritaville Partners, applicant. ♦ RECOMMENDATION: A) Adopt resolution approving a negative declaration of mitigation measures and amending the LUE map, based on findings; and B) introduce ordinance to print approving a negative declaration with mitigation measures and amending the zoning map from R-2 to O-S, based on findings. FINAL ACTION: Resolution No. 8558 adopted amending the Land Use Element map from medium-density residential to office, and Ordinance No. 1300 introduced amending the zoning map (4-1; BR-no). 5. GENERAL PLAN AMENDMENT - 1772 CALLE JOAQUIN IGP/R & ER 31-96) (JONAS/463 - 30 min.) Public hearing to consider Land Use Element text and map amendments and rezoning, from Tourist-Commercial (C-T) to Office, with Special Considerations (O-S), for a broadcast studio on the hilltop restaurant site at the southerly end of Calle Joaquin; KSBY, applicant. ♦ RECOMMENDATION: 1) Adopt resolution to: (A) approve the negative declaration of environmental impact; (B) amend Land Use Element policy 3.3.3 to allow office designations in some additional, limited locations; and, (C) amend the General Plan LUE map from Tourist Commercial to Office. 2) Introduce an ordinance to print to: (A) approve the negative declaration of environmental impact; and (B) rezone about 2.7 acres from Tourist Commercial (C-T) to Office, with Special Considerations (O-S), which would require use permit review for any future substantial development or use other than a broadcast studio or single-story building. 7 Council Agenda Tuesday, July 2, 1996 , FINAL ACTION: Resolution No. 8559 adopted amending the Land Use Element text concerning office locations and map concerning 1772 Calle Joaquin without a corresponding text amendment, and Ordinance No. 1301 introduced amending the zoning map (5-0). 6. GENERAL PLAN AMENDMENT - WATER & WASTEWATER (GP & ER 45-961 (MOSS/463 - 30 min.) Public hearing to consider revisions to the Water Management and Land Use sections of the General Plan (City-wide). ♦ RECOMMENDATION: 1) Approve the negative declaration of environmental impact; and, 2) adopt resolution to amend the Water Management and Land Use sections of the General Plan to: (1) allow 200 a.f. of water which has been reserved for intensification and infill within existing City limits to be used for annexation area; (2) account for reclaimed water as a new source of supply and credit it towards safe annual yield; and (3) clarify when private wells can be used to reduce or eliminate the need for an allocation to serve a project. FINAL ACTION. Approved negative declaration and Resolution No. 8560 adopted as amended to allow 300 a.f for intensification and infill (3-2, BRAS voting no). .................... (not t.. exceed ....... s3 At this 6me,any Cquna Memt�e�prfhe t,'ity Adm nist�hve Officer.;may ask a gtiesEion far clanficatton, make att snnouncnt or report Dnefly;an his or her actiydies to add�fron,spbleCt to Council Po�cies and Procedtues theyy provide a reference to staff of pother neswi+ces foc#actual�nforma#ion. i+equesf sto teporf#>gck fo the Council at a sUsequenf meet�rig r:ohcemmg any matter,or take action to ......................... sfiaff#o place a matter of business on a future agenda{Gov :Code§54954 2) Comm. 1. Vice Mayor Williams had received a complaint regarding sound levels at the Dallidet Adobe. John Dunn, City Administrative Officer, said he had referred the complaints to the president of the Historical Society. BUSINESS NEMS 7. CONTRACT AWARD - STREET SEAL COAT (McCLUSKEY/96-29 - 15 min.) Consideration of awarding a contract to Valley Slurry Seal in the amount of$419,547.92 for "1996 Street Seal Coat Project," Specification No. 96-29. • RECOMMENDATION: 1) Award contract (including Alternate A for traffic control); 2) authorize the Mayor to execute the contract; and, 3) approve transfer of $113,000 from the 1995 Street Reconstruction Project budget to the 1996 Street Seal Coat Project budget. FINAL ACTION. Contract award approved (5-0). 8 Council Agenda Tuesday, July 2, 1996 8. CITY HALL ROOF RECONSTRUCTION (McCLUSKEY/9101-540-553 - 10 min.) Consideration of funding for added project costs due to the presence of friable asbestos. ♦ RECOMMENDATION: Work to develop final added cost information is presently underway but will not be concluded until late in the week of June 24th. Consequently, the staff report for this item will not be available until June 28th or July 1st. FINAL ACTION. Approved an additional $600,000 to the project account and contract change ober in the amount of$578,023.41. A. ADJOURNED TO TUESDAY, JULY 16, 1996 AT 6:30 P.M. FOR CLOSED SESSION IN THE CONFERENCE ROOM OF THE CITY/COUNTY LIBRARY. REGULAR MEETING BEGINS AT 7:00 P.M. IN THE COMMUNITY ROOM. 9 council aqen6a CITY OF SAN LUIS OBISP 0 CITY HALL, 990 PALM STREET Tuesday., July 2, 1996 ...... .......... g gO ppb CLOSED SESSION ............ Library Co .R f renceoom. ........ .................... ...................... CONFERENCE WITH LEGAL COUNSEL - Pursuant to Governm,;nt Code § 54956.9 Existing Litigation: McCartin v. City of San Luis Obispo ............ .......... X DO PM REGULAR METING Library 99 MI. ..S� N Street .................. ....... ............ .. ..... .............. X. .................... . CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Bill Roalman, Dave Romero, Kathy Smith, Vice Mayor Dodie Williams and Mayor Allen K. Settle .... . .. ............ ...... .............. ... . ... .............. sp ......................... . ................................... PRESENTATIONS ............ ....... .............. .... ................ ................. .......... ..... ................ .. .......... . Council meetings are broadcast on KCPR,913 FIN. The City of San Luis Obispo is coamitted to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)?81-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device.For more agenda inibrmation,call 781-7103. Council Agenda Tuesday, July 2, 1996 PUt3LIG COMMENT PERI00 (not to exceetl A5''minutes total) The Counal welcomes your anput You may address the Council py completing a speakers sllp and.: gmng R to the tarty Clerk prior tothe meeting At this time, You may address the Council on items.that are noton the agenda of itemsorf the Consent Agenda Tane 6rrut is three minutes Statelaw does not allow Counal to discuss:or take:action brt Who .n ti a agentla, except that members of the:Council orstaffjnay#icefly respond to statements made ar questions posed by persons exercising .heir'public testimony rights;;{Gov Code§54954 2) :Staff may be asked to'follow up`on such items <Staff repoits antl oilier wrttten docun}entaUon:relating ao each item referred to on this agenda ara on file in the City G1e[k's;Officem. Room#1 of C-it g Wso all CONSENT AGENDA The t flnsent/agenda isjapproved on onemoUon' Counciif Members may pull consent deft to be considered after Business Mems C1. COUNCIL MINUTES (CONDON) Consideration of the minutes of: Tuesday, June 11, 1996 at 7:00 p.m.; Tuesday, June 18, 1996 at 6:30 p.m.; and Tuesday, June 18, 1996 at 7:00 p.m. ♦ RECOMMENDATION: By motion, waive oral reading and approve minutes as amended. C2. PACIFIC BELL UTILITY EASEMENT (McCLUSKEY/169) Consideration of a request by Pacific Bell to purchase an exclusive utility easement within the Laguna Lake Golf Course property. ♦ RECOMMENDATION: Adopt resolution granting an exclusive utility easement to Pacific Bell. C3. PARK IMPROVEMENTS (McCLUSKEY/96-22A) Consideration of plans and specifications for "Neighborhood Park Improvement Project: Emerson Park Playground," Specification No. 96-22A, engineers estimate $49,200. (Plans and specifications are available in the Council Office for review.) ♦ RECOMMENDATION: 1) Approve plans and specifications; 2) authorize the Public Works staff to solicit bids; and, 3) authorize the CAO to award the construction contract to the lowest responsible bidder. 2 Council Agenda Tuesday, July 2, 1996 C4. WIRELESS RADIO NETWORK (McCLUSKEY/502) Consideration of authorizing the Public Works Director to issue an encroachment permit for Metricom, Inc., to install and operate a wireless digital communications radio network on facilities located in the public right-of-way. • RECOMMENDATION: Authorize Public Works Director to issue permit. CS. EMERGENCY RESPONSE SERVICES (NEUMANN/721) Consideration of a five-year contract with Cal Poly for emergency response fire protection services. ♦ RECOMMENDATION: Approve and authorize the Mayor to execute the agreement. C6. DELINQUENT SOLID WASTE ACCOUNTS (MOSS/502) Consideration of placing liens against properties with delinquent solid waste accounts. ♦ RECOMMENDATION: Adopt resolution authorizing the County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as liens against the properties involved. C7. PAY FOR PERFORMANCE PLAN (SLATE/627) Consideration of establishing a Management Compensation Plan for appointed officials, Department Heads and other management personnel. • RECOMMENDATION: Adopt resolution approving a management compensation plan which includes a pay for performance program. C8. PERS CONVERSION (SLATE/631) Consideration of converting the Public Employees' Retirement System (PERS) employer paid member contributions to compensation for the Police Staff Officers' Association. ♦ RECOMMENDATION: Adopt resolution approving the conversion pursuant to Section 414(b)(2) of the Internal Revenue Code. 3 Council Agenda Tuesday, July 2, 1996 9 C9. EMPLOYEE SUGGESTION PROGRAM (SLATE/604) Consideration of the Employee Suggestion Program. ♦ RECOMMENDATION: Approve the revised Employee Suggestion Program. C10. BANNER WAIVER (HAMPIAN/805) Consideration of a request for banner location waiver for the Performing Arts Center Grand Opening Festival. ♦ RECOMMENDATION: Waive the requirement under the City's Banner Policy that banners be hung only on Higuera or Marsh Street and allow the festival banner to be hung on Monterey Street near the Osos Street intersection. C11. MULTI-MODAL CENTER PARTNERSHIP (McCLUSKEY/549) Consideration of supporting the San Luis Obispo Council of Governments' (SLOCOG) application for a $12,000 Federal Transit Administration (FTA) Section 18(i) Intercity Bus Program grant to fund a study on enhancing Private/Public Partnerships in the development of a multi-modal transfer center for the cities of San Luis Obispo, Atascadero and Paso Robles. ♦ RECOMMENDATION: Support SLOCOG's application and authorize the expenditure of up to $4,000 in Transportation Development Act funds to finance the City's portion of the agency matching funds required by the grant. C12. URBAN COUNTY COOPERATION AGREEMENT (JONAS/427) Consideration of a Cooperation agreement with the County of San Luis Obispo regarding City participation in the Urban County Community Development Block Grant (CDBG) for program years 1997 through 1999. ♦ RECOMMENDATION: Adopt resolution approving the cooperation agreement. C13. GENERAL PLAN AMENDMENT20NE RECLASSIFICATION (JONAS/463) Consideration of a request to amend the General Plan and Zoning map, and text amendments to allow development on the westerly side of Calle Joaquin, south of Los Osos Valley Road and immediately south of Motel 6 (GP/R 7-96); John Franks, applicant. (Continued from 6/18/96.) ♦ RECOMMENDATION: Adopt resolution denying the proposed General Plan amendments, zone reclassification, and fee waiver. 4 Council Agenda Tuesday, July 2, 1996 ...... ...... .. .................... . . ............ .... APPOINTMENTS.. .................... ..... ............. .................... Al. PERFORMING ARTS CENTER COMMISSION (HAMPIAN/854) Consideration of the reappointment of City representatives to the Central Coast Performing Arts Center Commission. * RECOMMENDATION: Reappoint City Administrative Officer as a delegate and the Assistant City Administrative Officer as an alternate to the commission. A2. CITIZENS' TRANSPORTATION ADVISORY COMMITTEE (ROMERO/VMLLIAMS/123) Consideration of an appointment of a City delegate to the Citizens' Transportation Advisory Committee (CTAC) to expire on 3/31/99. * RECOMMENDATION: Appoint Henry Case as delegate to CTAC and thank Pat Veesart for his service to the community. A3. CULTURAL HERITAGE COMMITTEE (ROALMAN/SMITH/123) Consideration of an appointment to the Cultural Heritage Committee (CHC) to fill an unexpired term ending on 3/31/2000. * RECOMMENDATION: Appoint Matt Whittlesey to the CHC and thank Astrid Gallagher for her service on the committee. ........... ......................... . .. ....... ................ . .. . ....... ........... ;COUNCIL LIAISON REPORT'SAm 4n1hUik.L.::::.:� : not to bkdlE .......... Council Members4eDO'it conferences other AC"Ie...S.... Time finu..i V. minutes. ...1....:...... .... ,�::::::::: :: : ....... ... .X a..................................... . .. ...... ................ ......................... . .................. ..... ................. ........... ...... .......................... ........... .. ........ 5 Council Agenda Tuesday, July 2, 1996 PUBLIC HEAR(NG5 If you gave filled cut a Speaker Shp,the Mayor wilt salt you tc the podium Ptease'speak into the one.:4n gnre your name and city of r+esrdence for the record Please hmd your comments to:3 rrnnutes, c�nsuTtant andpro�ect presentations limited to 10;minutes If yov'chalterige an issue in court you may be limited to ray ing only those issues'you or someone el§e raise s.at this;pubCrc;heanng as € .... below, or ur written cflrrespondence delivered to;the City.before or dunngthe public hearing. 1. PROMOTIONAL COORDINATING COMMITTEE GRANTS-IN-AID (HAMPIAN/1050 - 10 min.) Public hearing to consider recommendations from the Promotional Coordinating Committee for Grants-In-Aid funding to 31 organizations in a total amount of $80,700 for 1996-97. (Continued from 6/4/96.) ♦ RECOMMENDATION: Adopt resolution authorizing staff to develop and execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution and inclusive of any modifications made by the Council. 2. TK PROJECT - GROCERY STORE USE PERMIT (JONAS/407 - 90 min.) Public hearing to consider an appeal by Mike Timm of a Plannin Issil a to deny a use per or grocery store-at-a54 Sub rban Road ( 6-96); M. Timm Development nc., Larry and Linda Kreutz�lca , property owners. ♦ RECOMMENDATION: Adopt resolution denying the appeal-and upholding the Planning Commission's action. v7A 3. REZONING - 3030 BROAD STREET (PD 129-951 (JONAS/463 - 30 min.) Public hearing to consider a request to rezone property at 3030 Broad Street (the Brickyard) from Service-Commercial to Service-Commercial Planned Development to allow large office uses and other miscellaneous uses not otherwise allowed in the C-S zone; 3030 Inc., property owner. ♦ RECOMMENDATION: Introduce an ordinance to print approving a negative declaration and rezoning the parcel from Service-Commercial ((C-S) to Service Commercial Planned Development (C-S-PD), based on findings and subject to conditions as noted in the draft ordinance. �w /� • � ��� 6 AS- Agenda Distribution List /18/96) > I. Unpaid Subscriptions: council ac En ba (All mtgs.unless o/w noted) CITY OF SAN LUIS OBISPO AIA President ASI President CITY HALL, 990 PALM STREET BIA /Deborah Holley Chamber of Commerce Cuesta College / K. Roberts Tuesday, July 2, 199E B. Thoma / Chamber of Comm. H. ovitt / Co. Spvrs. - Chair Paul Hood, Co.Administration Housing Authority RCBX 111CLOSED SESSION RCOY KCPR: (2) Gen.Mgr. & News Dir. KDDB REYT KGLO KKJG CONFERENCE WITH LEGAL COUNSEL - Pursuant to Govel KsBY KVEC Library (front desk) Existing Litigation: McCartin v. City of San Luis Obispl Mustang Daily New Times (front desk) Pac.Bell / Brad Schram Pac. Gas & Elec. / B.Burke 7 OQ P,AA REGULAR MEETMG Planning Comm. (W Comm. Dev.) So. Calif. Gas / V. Sterling se Council of Govts / R. DeCarli ! League of Women Voters. Telegram-Tribune (front desk) City Emp. Assoc. / T. Girvin Fire Batt Chf Assc / S.Smith CALL TO ORDER: Mayor Allen K. Settle Firef ighter Assoc/B.Wilkinson MidMgmt Emp Assoc / D. Smith Police Off Assoc / G. Nemeth PLEDGE OF ALLEGIANCE Pol Staff Off Assoc/J.English Denise Fourie ROLL CALL: Council Members Bill Roal Citizens COSLO/ Bon�enteldeAlliance Smith, Vice Mayor Dodie Res.forQual.Neigh / C.Sanders Settle Sierra Club / Gary Felsman SLO Property Owners Assoc. Fred Strong (The Citizen) Sonic Cable/Jackie PRESENTATIONS l UNOCAL/J. Bray 1 II.subscri tions Paid or znv. Provided (recr..mtcrs-only) Easter Rents, Inc. IMS/S. Krautheim EDA (Engr. Dev. Assoc.) Ellenburg Capital Corp. Local Government Services RRM Design Group / LeeAnne © Council servi matings are broadcast on . CPR,Telc om FM. The City of San Luis I Vista Information Services its services,programs and activities. ielaommunicafions Device for the DI Wallace, John L. & AsSOCS. V prior to the meeting if you require a hearing amplification device.For more Walter Bros. Construction Co. A. J. Diani Construction Fugro/McClelland Council Agenda Tuesday, July 2, 1996 PUBLIC CGMMENT PEtt10D (not to exceed 15 minutes::total} The Counal welcomes your input You niay address the Gaunci!'tsy completrng a speakers slip and. givmg,�#to the City;Clerk;;pnor to the meeting At this pme, you may address fhe Council on�ternsthat are not on the agenda or items oil the Consent Agenda Time limfi;as three;minutes State:law does not allow Council`to<discuss*:.. a action on issues nat on the agenda, excerpt that members©f;the Council:. ;or staff,moy briefly respond to staternents;:made or questions posed by persons exercising.::tt eir public testimonyon. ghts;{Gov Code: 54954 2} Staff maybe asked to follow up on such items Statf reports and ather wr>tter documentation elafirig ig each item refeed to'ar this agenda arean file in:the City Clerk's Office in:000 t#1 of Crty#HaU CONSENT AGEifIDi4 The Consent Agenda'is approved on one motion :Counc0 f Uembert may pail consent items to be. considered afferBusiness mems. . C1. COUNCIL MINUTES (CONDON) Consideration of the minutes of: Tuesday, June 11, 1996 at 7:00 p.m.; Tuesday, June 18, 1996 at 6:30 p.m.; and Tuesday, June 18, 1996 at 7:00 p.m. ♦ RECOMMENDATION: By motion, waive oral reading and approve minutes as amended. C2. PACIFIC BELL UTILITY EASEMENT (McCLUSKEY/169) Consideration of a request by Pack Bell to purchase an exclusive utility easement within the Laguna Lake Goff Course property. ♦ RECOMMENDATION: Adopt resolution granting an exclusive utility easement to Pacific Bell. C3. PARK IMPROVEMENTS (McCLUSKEY/96-22A) Consideration of plans and specifications for "Neighborhood Park Improvement Project: Emerson Park Playground," Specification No. 96-22A, engineer's estimate $49,200. (Plans and specifications are available in the Council Office for review.) ♦ RECOMMENDATION: 1) Approve plans and specifications; 2) authorize the Public Works staff to solicit bids; and, 3) authorize the CAO to award the construction contract to the lowest responsible bidder. 2 Council Agenda Tuesday, July 2, 1996 C4. WIRELESS RADIO NETWORK (McCLUSKEY/502) Consideration of authorizing the Public Works Director to issue.an encroachment permit for Metricom, Inc., to install and operate a wireless digital communications radio network on facilities located in the public right-of-way. ♦ RECOMMENDATION: Authorize Public Works Director to issue permit. C5. EMERGENCY RESPONSE SERVICES (NEUMANN/721) Consideration of a five-year contract with Cal Poly for emergency response fire protection services. ♦ RECOMMENDATION: Approve and authorize the Mayor to execute the agreement. C6. DELINQUENT SOLID WASTE ACCOUNTS (MOSS/502) Consideration of placing liens against properties with delinquent solid waste accounts. ♦ RECOMMENDATION: Adopt resolution authorizing the County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as liens against the properties involved. C7. PAY FOR PERFORMANCE PLAN (SLATE/627) Consideration of establishing a Management Compensation Plan for appointed officials, Department Heads and other management personnel. ♦ RECOMMENDATION: Adopt resolution approving a management compensation plan which includes a pay for performance program. C8. PERS CONVERSION (SLATE/631) Consideration of converting the Public Employees' Retirement System (PERS) employer paid member contributions to compensation for the Police Staff Officers' Association. ♦ RECOMMENDATION: Adopt resolution approving the conversion pursuant to Section 414(b)(2) of the Internal Revenue Code. 3 Council Agenda Tuesday, July 2, 1996 C9. EMPLOYEE SUGGESTION PROGRAM (SLATE/604) Consideration of the Employee Suggestion Program. ♦ RECOMMENDATION: Approve the revised Employee Suggestion Program. C10. BANNER WAIVER (HAMPIAN/805) Consideration of a request for banner location waiver for the Performing Arts Center Grand Opening Festival. ♦ RECOMMENDATION: Waive the requirement under the City's Banner Policy that banners be hung only on Higuera or Marsh Street and allow the festival banner to be hung on Monterey Street near the Osos Street intersection. C11. MULTI-MODAL CENTER PARTNERSHIP (McCLUSKEY/549) Consideration of supporting the San Luis Obispo Council of Governments' (SLOCOG) application for a $12,000 Federal Transit Administration (FTA) Section 18(i) Intercity Bus Program grant to fund a study on enhancing Private/Public Partnerships in the development of a multi-modal transfer center for the cities of San Luis Obispo, Atascadero and Paso Robles. ♦ RECOMMENDATION: Support SLOCOG's application and authorize the expenditure of up to $4,000 in Transportation Development Act funds to finance the City's portion of the agency matching funds required by the grant. C12. URBAN COUNTY COOPERATION AGREEMENT (JONAS/427) Consideration of a Cooperation agreement with the County of San Luis Obispo regarding City participation in the Urban County Community Development Block Grant (CDBG) for program years 1997 through 1999. ♦ RECOMMENDATION: Adopt resolution approving the cooperation agreement. C13. GENERAL PLAN AMENDMENTIZONE RECLASSIFICATION (JONAS/463) Consideration of a request to amend the General Plan and Zoning map, and text amendments to allow development on the westerly side of Calle Joaquin, south of Los Osos Valley Road and immediately south of Motel 6 (GP/R 7-96); John Franks, applicant. (Continued from 6/18/96.) ♦ RECOMMENDATION: Adopt resolution denying the proposed General Plan amendments, zone reclassification, and fee waiver. 4 Council Agenda Tuesday, July 2, 1996 .......... ....... . . ..................... .......... ... .. .......... ............. .............. ......... .................... . ............ ........... .. ..... ................ APPOINTMIE'N' T ................. ................ .... ........ ...................... ... ................ . .. ........................... ... ... 1 .1..1. .. ........ .......... .............. ... ......................... .. ...................................... ...... ... .... ............ Al. PERFORMING ARTS CENTER COMMISSION (HAMPIAN/854) Consideration of the reappointment of City representatives to the Central Coast Performing Arts Center Commission. * RECOMMENDATION: Reappoint City Administrative Officer as a delegate and the Assistant City Administrative Officer as an alternate to the commission. A2. CITIZENS' TRANSPORTATION ADVISORY COMMITTEE (ROMERO/WILLIAMS1123) Consideration of an appointment of a City delegate to the Citizens' Transportation Advisory Committee (CTAC) to expire on 3/31/99. * RECOMMENDATION: Appoint Henry Case as delegate to CTAC and thank Pat Veesart for his service to the community. A3. CULTURAL HERITAGE COMMITTEE (ROALMAN/SMITH/123) Consideration of an appointment to the Cultural Heritage Committee (CHC) to fill an unexpired term ending on 3/31/2000. * RECOMMENDATION: Appoint Matt Whittlesey to the CHC and thank Astrid Gallagher for her service on the committee. ...�JCOUNCILXIAISOI �AEP' ............. d 'nu -e .. ............... . CL 1: irm w ..... ....... or other Gii)r C tmwam :nmljte& Council em e :. it . ...nces.. 3 X.1 ....... ...... ...... .... 5 Council Agenda Tuesday, July 2, 1996 PUBLIC;HEAR1NGS if you;leave felted;out a Speaker Slip,the Ntayar wilt call you to the podium 'Please s... pea Unto the mecroptone andgnte yaui name and cety of residence for the record Please Ircnrt your cornments.to 3 minutes; consultant and:protect presentations lirn�ted to t0 minutes' If you ghaflenge an+ssu6 in court; jrotf array be Crt3ited to rang only these Issues you or someone else raesed:at thts.:Im 1q:heaar.Q as, iescnbed below;:or an virriften correspondence tlelivered to 0 Cly:before o�dura.g.the publ►".c heanng 1. PROMOTIONAL COORDINATING COMMITTEE GRANTS-IN-AID (HAMPIAN/1050 - 10 min.) Public hearing to consider recommendations from the Promotional Coordinating Committee for Grants-In-Aid funding to 31 organizations in a total amount of $80,700 for 1996-97. (Continued from 6/4/96.) ♦ RECOMMENDATION: Adopt resolution authorizing staff to develop and execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution and inclusive of any modifications made by the Council: 2. TK PROJECT - GROCERY STORE USE PERMIT (JONAS/407 - 90 min.) Public hearing to consider an appeal by Mike Timm of a Planning Commission action to deny a use permit for a grocery store at 154 Suburban Road (A 6-96); M. Timm Development, Inc., Larry and Linda Kreutzkampf, property owners. • RECOMMENDATION: Adopt resolution denying the appeal and upholding the Planning Commission's action. 3. REZONING - 3030 BROAD STREET (PD 129-95) (JONAS/463 - 30 min.) Public hearing to consider a request to rezone property at 3030 Broad Street (the Brickyard) from Service-Commercial to Service-Commercial Planned Development to allow large office uses and other miscellaneous uses not otherwise allowed in the C-S zone; .3030 Inc., property owner. ♦ RECOMMENDATION: Introduce an ordinance to print approving a negative declaration and rezoning the parcel from Service-Commercial ((C-S) to Service Commercial Planned Development (C-S-PD), based on findings and subject to conditions as noted in the draft ordinance. 6 Council Agenda Tuesday, July 2, 1996 4. GENERAL PLAN AMENDMENT - 1318 PACIFIC (JONAS/463 - 30 min.) Public hearing to consider a request to amend the Land Use Element (LUE) map designation from Medium-Density Residential to Office, and amend the zoning map from R- 2 to 0, for property located at 1318 Pacific Street; Margaritaville Partners, applicant. ♦ RECOMMENDATION: A) Adopt resolution approving a negative declaration of mitigation measures and amending the LUE map, based on findings; and B) introduce ordinance to print approving a negative declaration with mitigation measures and amending the zoning map from R-2 to O-S, based on findings. 5. GENERAL PLAN AMENDMENT - 1772 CALLE JOAQUIN (GP/R & ER 31-96) (JONAS/463 - 30 min.) Public hearing to consider Land Use Element text and map amendments and rezoning, from Tourist-Commercial (C-T) to Office, with Special Considerations (O-S), for a broadcast studio on the hilltop restaurant site at the southerly end of Calle Joaquin; KSBY, applicant. ♦ RECOMMENDATION: 1) Adopt resolution to: (A) approve the negative declaration of environmental impact; (B) amend Land Use Element policy 3.3.3 to allow office designations in some additional, limited locations; and, (C) amend the General Plan LUE map from Tourist Commercial to Office. 2) Introduce an ordinance to print to: (A) approve the negative declaration of environmental impact; and (B) rezone about 2.7 acres from Tourist Commercial (C-T) to Office, with Special Considerations (O-S), which would require use permit review for any future substantial development or use other than a broadcast studio or single-story building. 6. GENERAL PLAN AMENDMENT - WATER & WASTEWATER (GP & ER 45-96) (MOSS/463 - 30 min.) Public hearing to consider revisions to the Water Management and Land Use sections of the General Plan (City-wide). ♦ RECOMMENDATION: 1) Approve the negative declaration of environmental impact; and, 2) adopt resolution to amend the Water Management and Land Use sections of the General Plan to: (1) allow 200 a.f. of water which has been reserved for intensification and infill within existing City limits to be used for annexation area; (2) account for reclaimed water as a new source of supply and credit it towards safe annual yield; and (3) clarify when private wells can be used to reduce or eliminate the need for an allocation to serve a project. Council Agenda Tuesday, July 2, 1996 ....... ......... GOMMF .......... ........................... .. .... .............. ............ ....... .. .. ... .....exceed 15 minutes).. AIthis lime, an .:coun ...............e..m.....5..6i. or . ceKmay:.ask nique! 09..for claw. on.. ...... maks RAd.. 46windum�ihc:&46 66h6i 06 .......... .. .... ................ .... .......... and _qqest ........ ...... ...... ........... br. ::a bw:n: 9t: "..b96k.tdc...tm.. take don:16.�:::xx:: staff to re ............ ......... .......... ............ ...... :direct staff to place a matter of ............ ;7 . .......................................... ...... ........... .................................. ........... . .. ... . ... ..................... ... ........ ... ::: .:.::... ...:..:. . ............... .. ..... ......... ....... ....... ... ............. ............... ............. ........ future agePda(Gov :code§5495a 2)' ......... . .. .......... .......... 7. CONTRACT AWARD - STREET SEAL COAT (McCLUSKEY/96-29 - 15 min.) Consideration of awarding a contract to Valley Slurry Seal in the amount of $419,547.92 for "1996 Street Seal Coat Project," Specification No. 96-29. * RECOMMENDATION: 1) Award contract (including Alternate A for traffic control); 2) authorize the Mayor to execute the contract; and, 3) approve transfer of $113,000 from the 1995 Street Reconstruction Project budget to the 1996 Street Seal Coat Project budget. 8. CITY HALL ROOF RECONSTRUCTION (McCLUSKEY/9101-540-553 - 10 min.) Consideration of funding for added project costs due to the presence of friable asbestos. * RECOMMENDATION: Work to develop final added cost information is presently underway but will not be concluded until late in the week of June 24th. Consequently, the staff report for this item will not be available until June 28th or July 1st. A. ADJOURNMENT. 8 Council Agenda Tuesday, July 2, 1996 COMMUNICATIONS (not to exceed 15 minutes) At the Fne, anji Cound Mernber or the Cyty Adrfimystrdtn a Officer.may ask a qussGon for clanficafion, make...........announcement; or report bnefl : on ..is or her act vityes '.lb addidon, subject to Coy ncil Policies and Procedures; they May provide a reference,tosfaff or;otherresourres for fac�uap ynfomahon;:request ... staff to.report back to th C4unc7 ata subsequent rneeting concerning any matter, or take;artton to. direct.staff to place a matt06.0.f.. usyness on a future agenda {Oov :Code §54954 2) BUSINESS ITEMS 7. CONTRACT AWARD - STREET SEAL C CCLUSKEY/96-29 - 15 min.) Consideration of awarding a contract o Valley Slurry Seal ' the amount of $419,547.92 for "1996 Street Seal Coat Project," Spec' i ' - 9. • RECOMMENDATION: 1) Award contract (inclu ng Alternate A for traffic control); 2) authorize the Mayor to execute the contract; a , 3) approve transfer of $113,000 from the 1995 Street Reconstruction Project budget t the 1996 Street Seal Coat Project budget. 8. CITY HALL ROOF RECONSTRUCTION (McCLUSKEY/9101-540-553 - 10 min.) Consideration of funding for added project costs due to the presence of friable asbestos. • RECOMMENDATION: Work to develop final added cost information is presently underway but will not be concluded until late in the week of June 24th. Consequently, the staff report for this item will not be available until June 28th or July 1st. A. ADJOURNMENT. 8 Council Agenda Tuesday, July 2, 1996 4. GENERAL PLAN AMENDMENT - 1318 PACIFIC (JONAS/463 - 30 min.) Public hearing to consider a request to amend the Land Use Element (LUE) map designation from Medium-Density Residential to Office,-and-arnend- ing map from R- 2 to O, for property located at 1318 Pack St ; Margaritaville Partners, pplicant. ♦ RECOMMENDATION: A) Adopt resolution approving a neg tive declaration of mitigation measures and amending the LUE map, based on findings; a B) introduce ordinance to print approving a negative declaration with mitigation meas s and amending the zoning map from R-2 to O-S, based on findings. 5. GENERAL PLAN AMENDMENT - 1772 CALLE JOAQUIN (GP/R & ER 31-961 (JONAS/463 - 30 min.) Public hearing to consider Land Use Element text and map amendments and rezoning, from Tourist-Commercial (C-T) to Office, with Special Considerations (O-S) -a bro st studio on the hilltop restaurant site at the southerly end of Calle Joa in; KSBY, plicant. ♦ RECOMMENDATION: 1) Adopt resolution to: (A) approve the negativ declaration of environmental impact; (B) amend Land Use Element policy 3.3.3 to allow ffice designations in some additional, limited locations; and, (C) amend the General Plan L map from Tourist Commercial to Office. 2) Introduce an ordinance to print to: (A) pprove the negative declaration of environmental impact; and (B) rezone about ?f7 acres from Tourist Commercial (C-T) to Office, with Special Considerations (O-S), w rch would require use permit review for any future substantial development or use otter than a broadcast studio or single-story building. L 6. GENERAL PLAN AMENDMENT - WATER & WASTEWATER (GP & ER 45-961 (MOSS/463 - 30 min.) Public hearing to consider revisions to the Water Management and Land Use sections of the General Plan (City-wide). • RECOMMENDATION: 1) Approve the negative declaration of environmental impact; and, 2) adopt resolution to amend the Water Management and Land Use sections of the General Plan to: (1) allow 200 a.f. of water which has been reserved for intensification and infill within existing City limits to be used for annexation area; (2) account for reclaimed water as a new source of supply and credit it towards safe annual yield; and (3) clarify when private wells can be used to reduce or eliminate the need for an allocation to serve a project. 7