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HomeMy WebLinkAbout09/15/1998, Agenda M council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET TUESDAY, SEPTEMBER 15, 1998 ACTION UPDATE 5;30'PeM m. w - CLOSEOSESSION' s� Councll:HearingRoom. T n 990rPalm Stntet- CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Code 54957.6 San Luis Obispo Police Staff Officers Association Fire Battalion Chiefs Agency Negotiators Ann Slate, Ken Hampian CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6 San Luis Obispo Firefighters Association Agency Negotiators: Ken Hampian, Wendy George -- - - T.:00 P M. REGULARaMEETING Coundl Chamber: ` =990'Palm Street n PRESENT: Council Members Bill Roalman, Ken Schwartz, Dodie Williams, Vice Mayor Dave Romero, Mayor Allen K. Settle Jeff Jorgensen, City Attomey, reported that no action had been taken in Closed Session. Council Agenda Tuesday, Sed nber 15, 1998 r zr — PUBLIC COMMENT PERIOD(not to exceed_15 mini tes'total) r TheaCouncil welcomes yo -r:mput You may address they Council:by completing a speaker stip and:giving1 into`the.City,'Cle1. rk prior tathe,meeting At this'time;you may,address:.the Council on item"s that are not;. .6fi-i eagenda,or`items:onIW,ConsentAgenda Tme?bmd�s tFireeEminutes 'State law does not llow- the Council..to discuss br take acbon,on issues:not on the.agenda ezcept:that members of hi Cfluncil or staff may'briefiy_iespontl towstatements made,.or questions posed:by,persons exercising Ahdir.,public•" :testimony rights;(Gov..Code-Sec..549542) Staff may be asked:,to.follow,up on such items:`Staff reports„ and.:other written:documentation.relating,to each,i eergjeferred.to on w.age.nda.are on file in the Cdy :Clerk's Offioe in Room 7 of:Cily+Hall There were no public comments. Z 'CONSENTAGENDA- The-'Consent Agenda is approvedxon one rimobon[ Council Members may pull consent items ao tie. considered after Business dems = _ r , C1. COUNCIL MINUTES (CONDON) Consideration of the minutes of: Tuesday, September 1, 1998 @ 7:00 p.m. + RECOMMENDATION: Waive oral reading and approve minutes as amended. FINAL ACTION: Approved(5-0). C2. PAVING FOR BIOSOLIDS STORAGE-AREA (McCLUSKEY170406) Consideration of plans and specifications for"Water Reclamation Facility Biosolids Storage Area Paving,," Paving, Specification No. 9212; Engineer's estimate, including contingencies: $400,000. (Plans and specifications are available in the Council Office for review.) + RECOMMENDATION: Approve plans and specification, authorize staff to advertise for bids and CAO to award the contract if the lowest responsible bid is within the budget. FINAL ACTION: Approved(5-0). C3. ENVIRONMENTAL GRANT PROGRAM FUNDS (HAMPIAN/211-06) Consideration of authorizing applications for environmental grant program funds from the State of California. 2 Council Agenda Tuesday, SL, amber 15, 1998 y + RECOMMENDATION: Adopt resolutions authorizing application for grant funds from: 1) the Environmental Enhancement and Mitigation Program (EEMP) in the amount of$250,000 in support of the acquisition of the Hastings/Sheffer properties in Reservoir Canyon; 2) Habitat Conservation Fund (HCF) in the amount of$100,000 in support of the acquisition of the Morganti property at Los Osos Valley Road; and, 3) Salmon and Steelhead Trout Restoration Account (SSTRA) in the amount of$60,000 which would be used to construct aids to fish passage over existing barriers in Prefumo Creek at the Laguna Lake Golf Course. FINAL ACTION: Resolution Nos. 8845. 8846 and 8847 adopted(5-0). C4. FINAL MAP -TRACT 1750 (UNIT 5) (McCLUSKEY/202-04) Consideration of approving the final map for Tract 1750 (Unit 5), a 60-lot residential subdivision on Spanish Oaks Drive near Wavertree; Islay Hill Investments (Hertel) subdivider. + RECOMMENDATION: Adopt resolution approving the final map and accepting Lot 58 for creekway, bikeway, pedestrian way and sanitary sewer purposes and an open space easement. FINAL ACTION: Resolution No.8848 adopted(5-0). C5. COMMUNITY INFORMATION & OUTREACH SERVICES REQUEST FOR PROPOSALS (MOSS1704-06) Consideration of a Request for Proposals (RFP) for Utilities Department Community Information and Outreach Public Information Services to encourage water conservation and resource recovery at a cost not to exceed $79,000. (RFP is available in the Council Office for review.). + RECOMMENDATION: Approve RFP and authorize contract award by CAO, if the selected proposal is within the approved budget for the project. FINAL ACTION: Approved(5-0). C6. SEWERMAIN IMPROVEMENT PROJECT (McCLUSKEY/704-06) Consideration of plans and specifications for"Sewermain Improvement Project: Railroad Crossing north of McMillan, Specification No. 9880; Engineer's estimate: $79,200, total project cost: $97,000. (Plans and specifications are available in the Council Office for review.) 3 Council Agenda - Tuesday, Sep fiber 15, 1998 + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise r for bids and CAO to award the contract if the lowest responsible bid is within the Engineer's estimate, and authorize the Director of Utilities to execute the agreement with Union Pack Railroad. FINAL ACTION: Approved(5-0). C7. NAMING OF BIKE TRAIL (McCLUSKEY/211-01) Consideration of naming the bike trail leading from San Luis Obispo to Avila Beach the "Bob Jones City-to-Sea Bike Trail." + RECOMMENDATION: Support the naming.of the "Bob Jones City-to-Sea Bike Trail." FINAL ACTION: Approved(5-0). C8. LEAGUE CONFERENCE RESOLUTIONS (PRICER08-03) Consideration of the Annual League Conference resolutions. + RECOMMENDATION: Authorize the voting delegate to support the resolutions as submitted, unless Council provides alternate direction. FINAL ACTION: Approved(5-0). C9. STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM (GARDINER/1302-04) Consideration of establishing the Student Neighborhood Assistance Program (SNAP) as a City-operated program. + RECOMMENDATION: Authorize the establishment of SNAP as a City-funded and operated program and appropriate a $2,400 increase to the Police Department budget for FY 98-99 from Police Department general cant'-over funds. FINAL ACTION: Approved(5-0). C10. PROPERTY TAX SHARING AGREEMENT (JONAS/208-03) Consideration of accepting an agreement with the County for sharing the property tax revenues and annual tax increment for the Bolduan Annexation (County Annexation No. 51, 2246 Flora Street). + RECOMMENDATION: Adopt resolution accepting the negotiated exchange of property tax revenues and annual tax increment. 4 Council Agenda Tuesday, SL, _ember 15, 1998 3 FINAL ACTION. Resolution No. 8849 adopted(5-0). C11. PVEA WORK STATEMENT FOR USE OF ELECTRIC BUS (McCLUSKEY/803- 10) Consideration of a Petroleum Violation Escrow Account (PVEA) work statement for the use of the electric bus. + RECOMMENDATION: Adopt resolution approving a work statement to operate an electric shuttle bus linking the downtown with the Madonna Road shopping area and the Monterey Street motel area. FINAL ACTION. Resolution No. 8850 adopted(5-0). C12. SAN LUIS MARKETPLACE ECONOMIC ANALYSIS (STATLER/203-05) Consideration of an agreement with PCR Kotin to evaluate the fiscal and economic impacts of the San Luis Marketplace project, prepare a downtown marketing strategy, and assist the City with possible follow-on negotiations with the project applicant. + RECOMMENDATION: Authorize the Mayor to execute the agreement with PCR Kotin. FINAL ACTION: Approved as amended(5-0). C13. SAN LUIS MARKETPLACE EIR SCOPE OF WORK (JONAS/203-05) Consideration of the workscope for consultant services for an Environmental Impact Report (EIR) for the Dalidio/San Luis Marketplace annexation, prezoning and development plan. (A copy of the Initial Study is available for review in the City Clerk's Office.) + RECOMMENDATION: 1) Approve workscope for preparation of an EIR and authorize staff to proceed with sending out Request for Proposal (RFP) documents; and, 2) authorize the CAO to award the contract to a qualified consulting firm, contingent upon the developer depositing with the City the amount of the contract plus 30%. FINAL ACTION: Approved as amended(5-0). 5 Council Agenda Tuesday, Sel. nber 15, 1998 r APPOINTMENTS Al. HOUSING AUTHORITY (SETTLE/302-03) Consideration of an appointment to the Housing Authority to fill an unexpired term to end on 3/31/00. + RECOMMENDATION: Appoint Janet Kourakis to an unexpired term to end on 3/31/00. FINAL ACTION: Approved(5-0). A2. PLANNING COMMISSION (ROMERO/305-02) Consideration of an appointment to the Planning Commission to fill an unexpired term to end on 3/31/00. + RECOMMENDATION: Agenda report not available at agenda close. To be distributed when available. FINAL ACTION: Continued to a future meeting. A3. LEAGUE VOTING DELEGATE (PRICE/708-03) Consideration of designating a voting delegate and alternate to the League of California Cities Annual Conference Business Session. + RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Romero as alternate. FINAL ACTION. Approved(5-0). A4. PERFORMING ARTS CENTER COMMISSION (DUNN/1105-03) Consideration of appointing Vice Mayor Dave Romero as the alternate to Mayor Allen K. Settle to serve on the Performing Arts Center Commission. + RECOMMENDATION: Appoint Vice Mayor Dave Romero as alternate to PAC Committee. FINAL ACTION: Approved(5-0). 6 Council Agenda Tuesday, S.., ,ember 15, 1998 Y A5. COUNCIL SUBCOMMITTEE APPOINTMENTS (SETTLE/301-05) Consideration of appointing newly-appointed Council Member Ken Schwartz to various standing Council Subcommittees. ♦ RECOMMENDATION: Ratify the appointment of Council Member Ken Schwartz to Council Subcommittees, previously assigned to Kathy Smith. FINAL ACTION. Approved(5-0). COUNCIL.LIAISON.RE .ORTS,(not:to exceedA5.minutes) Council;Membersxi'rt on mnfenences or other City activities. Time.limit—.3 minutes. CL1. Vice Mayor Romero reported on the September 8, 1998 meeting of the Downtown Association. CL2. Vice Mayor Romero briefly outlined the agenda items addressed at the September 9'" meeting of the Integrated Waste Management Authority Board. CL3. Vice Mayor Romero said he had attended the PAC Facilities Committee meeting on September 81 where he learned bids for the new parking structure near the PAC will be received by the end of September with construction scheduled to start in November. PUBLIC HEARINGS If you have filled out a Speaker Slip, the Mayor will call •-you'to the podium._ Please speak:intb the microphone and.give.your name and city:bf t aresidence fibs the.record. Please.limit your comments.to 3 minutes;.consultannd.project..presentations limited to.10 minutes.Af you challenge an issue in court, -you maybe limited to.raising only those issues:.you-or someone else raised at.this:public hearing as described below,or in written correspondence d'eliyered.to the,City.before.ordudng the,public hearing. 1. APPEAL -PRIVATE INDUSTRY COUNCIL (JONAS/201-11- 30 min.)' Public hearing to consider an appeal by CL II Intervest of the Planning Commission's action denying an appeal and upholding the Hearing Officer's approval of an administrative use permit allowing the Private Industry Council (PIC)to establish a one- stop career center in conjunction with the State Employment Development Department (EDD) and other local agencies within the existing PIC offices at 3566 South Higuera, C-S zone.; PIC, applicant. + RECOMMENDATION: Adopt resolution denying the appeal and. upholding the Planning Commission action. 7 Council Agenda Tuesday, SepL.,,nber 15, 1998 f FINAL ACTION: Resolution No. 8851 adopted denying the appeal(4-1:Roalman voting no). 2. APPEAL- USE PERMIT- 175 HATHWAY (JONAS/201-11 - 30 min.) Public hearing to consider an appeal by Pat Tighe of the.Planning Commission's action to revoke a High Occupancy Residential Use Permit for repeated violations of the noise ordinance for the property located at 175 Hathway; (A 75-97). + RECOMMENDATION: Adopt resolution denying the appeal and upholding the Planning Commission action. FINAL ACTION. Resolution No. 8852 adopted denying the appeal(5-0). 3. COMMERCIAL LOADING ZONES (McCLUSKEY/80401 -20min.) Public hearing to consider amending Municipal Code Sections 10.44.20 (Curb Markings- Meanings-Authority to Place) and 10.44.030 (Yellow Loading Zone-Time Restriction for Loading and Unloading), and establishing requirements for issuing commercial loading zone permits to authorized passenger vehicles and setting the fee of$25.00 for an annual permit. + RECOMMENDATION: 1) Introduce ordinance to print amending Sections 10.44.20 and 10.44.030; 2) adopt resolution establishing requirements for issuing commercial loading zone permits and setting a fee of$25.00; and, 3) direct staff to return after one year of operation with a status report regarding the impact of the proposed ordinance change. FINAL ACTION: Ordinance No. 1343 introduced to print as amended(5-0). Resolution No. 8853 adopted(5-0). 4. 1998 BASE YEAR SOLID WASTE RATE REVIEW (MOSS/120405-20 min.) Consideration of increasing solid waste rates by 4.7% and establishing commercial recycling charges as follows: base fee charge of$3.00 for commercial recycling services; volume-based charge for collection of cardboard to be set at 25% of the commercial refuse rates for a comparable volume; and a per bag charge for office paper and polystyrene collection. + RECOMMENDATION: Adopt resolution: 1) incorporating rate structure for new and revised residential and commercial solid waste services approved by Council on June 2, 1998; 2) incorporating the rate structure for commercial recycling services approved by Council on June 2, 1998; 3) increasing solid waste rates by 4.7%; and, 4) setting an effective date of December 1, 1998 for revised services and rates. FINAL ACTION: Resolution No.8854 adopted(4-1; Settle voting no.) 8 Council Agenda Tuesday, Se., ,mber 15, 1998 COMMUNICATIONS'(not to exceed l,5 minutes) At:this time;.-any Council.Member or the.City_Administrative Officer may•ask a.question-for clarification, make• h.announcement, or report-briefly dh.his or.her activities.. In;addition, suOJect to.Gouncii Policies .and Procedures, they may`pm,vide:a reference to staff.or other-resources for`tactual information, request -staff toreportback:to:tne Counci at.a subsequentmeepng concemingfany matter,.or take action to.direct staffto•place,a matterof:business on•a future.agenda-(Gov.Code Sec.54954.2). Comm 1. Council Member Roalman reported that the State has proposed a residential and commercial development project at Camp San Luis Obispo and has requested consideration of providing water to the development through the Nacimiento Water Project. He suggested the Council send a letter to Sacramento in opposition to the development proposal. Then: was Council consensus to send the letter. Comm2. Vice Mayor Romero asked John Moss to report on the County Board of Supervisors action today relative to the Nacimiento Water Project. John Moss, Utilities Director, indicated that the Board had voted unanimously to pay all costs for the revised EIR portion of the Project out of the County's Nacimiento Project Reserve Fund. BUSINESSITEMS;.. . : . . 5. ELECTRIC DEREGULATION STRATEGY (MOSS/1201-02 - 30 min.) Consideration of authorizing staff to begin negotiations for electric service for City facilities with a qualified energy service provider. ♦ RECOMMENDATION: 1) Receive the "Electric Deregulation: A Regional Strategy" report by a subcommittee formed by the SLO County Joint City Councils; 2) endorse the short and long term planning strategy portion of the report; and, 3) authorized the CAO to negotiate and execute an agreement for electric service for City facilities with a qualified provider. FINAL ACTION: Approved(5-0). 6. SIDEWALK CONSTRUCTION PROJECT (McCLUSKEY/704-06 - 15 min.) Consideration of plans and specifications for"1998 Sidewalk Improvement Project: Various Locations," Specification No. 9820; Engineer's estimate: $111,311.00, including contingencies. (Plans and specifications are available in the Council Office for review.) 9 Council Agenda Tuesday, Sq .nber 15, 1908 t 4 RECOMMENDATION: Approve plans and specifications, authorize staff to advertise. I forbids, and.CAO to award the contract.if the.lowest responsible bid' is within the Engineers estimate. FINAL ACTION:.Approved(5-0). A. ADJOURNMENT. 10 da Distribution List t I. Unpaid Subscriptions: (All mtgs.unless o/w noted) AIA President council agenda ASI President CITY OF S A N LUIS OBISPO BIA /Deborah Holley CITY HALL, 9 9 0 PALM S TREE ' Chamber of Commerce Cuesta College / K. Roberts B. Thoma / Chamber of Comm. Co. Board of Spvrs. Paul Hood, Co.Administration Housing Authority KCBX TUESDAY, SEPTEMBER 15, 11 KCOY KCPR: (2) Gen.Mgr. & News Dir. - KDDB KEYT 6:30 P.M. CLOSED SESSION KGLO KKJG KSBY KUHL KVEC CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to G, KPRL 54957.6 Library (front desk) Mustang Daily New Times (front desk) San Luis Obispo Police Staff Officers Association Pa .B / V. Montalban Pac. GGasas & Elec. / B.Burke Fire Battalion Chiefs Planning Comm. Comm. Dev.) So. Calif. Gas / V. Sterling Council of Govts / R. DeCarli Agency Negotiators Ann Slate, Ken Hampian League of Women Voters Telegram-Tribune (front desk) Public Interest Action Ctr. ECOSLO / Geoffry Land 7:00 P.M. REGULAR MEETING Res.forQual.Neigh / C.Sanders Sierra Club / Gary Felsman SLO Property Owners Assoc. ! Fred Strong (The Citizen) Sonic Cable/Jackie CALL TO ORDER: Mayor Allen K. Settle UNOCAL/J. Bray Telegram Tribune/S.Lyons Peg Pinard/SLO County PLEDGE OF ALLEGIANCE Capps Dahan/Ewan/Marx/Brazil ROLL CALL: Council Members Bill Roalman, Da II.subscriptions Paid or Williams, Mayor Allen K. Settle Env. Provided (rea.mtae.oalv) : John Whiley esq. PRESENTATION Easter Rents, Inc. . IMS/S. Krautheim ' EDA (Engr. Dev. Assoc. ) Ellenburg Capital Corp. bach Proclamation presented to Phi Beta Sigma for"Sexual Assault LoLoccal Government Dovernment Services RRM Design Group / LeeAnne Vista Information Services Wallace, John L. & Assocs. Walter Bros. Construction Co. 10A. J. Diani Construction Fugro/McClelland Regular City Council meetings are broadcast on KCPR, 91.3 FM. The City of Sar Cannon Assoc. the disabled in all of its services,programs,and activities. Telecommunications Device for thr SLO Assoc of Realtors to the City Clerk prior to the meeting if you require a hearing amplification device. For more al Kimley-Horn Heritage Oaks Bank Council Agenda Tuesday, St-,, Lember 15, 1998 ; t 4 PUBLIC COMMENT PERIOD(not to exceed 15 minutes total) The Council welcomes your input You may address the Council by completing a speaker sfip and giving it to the City Clerk prior to the meeting. At this time,you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the 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 or questions posed by persons exercising their public testimony rights(Gov. Code Sec. 549542). 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. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. COUNCIL MINUTES (CONDON) Consideration of the minutes of: Tuesday, September 1, 1998 @ 7:00 P.M. + RECOMMENDATION: Waive oral reading and approve minutes as amended. C2. PAVING FOR BIOSOLIDS STORAGE AREA (McCLUSKEY/704-06) Consideration of plans and specifications for"Water Reclamation Facility Biosolids Storage Area Paving," Paving, Specification No. 9212; Engineer's estimate, including contingencies: $400,000. (Plans and specifications are available in the Council Office for review.) + RECOMMENDATION: Approve plans and specification, authorize staff to advertise for bids and CAO to award the contract if the lowest responsible bid is within the budget. C3. ENVIRONMENTAL GRANT PROGRAM FUNDS (HAMPIAN/211-06) Consideration of authorizing applications for environmental grant program funds from the State of California. + RECOMMENDATION: Adopt resolutions authorizing application for grant funds from: 1) the Environmental Enhancement and Mitigation Program (EEMP) in the amount of$250,000 in support of the acquisition of the Hastings/Sheffer properties in Reservoir Canyon; 2) Habitat Conservation Fund (HCF) in the amount of$100,000 in 2 Council Agenda Tuesday, Sep.smber 15, 1998 Ssupport of the acquisition of the Morganti property at Los Osos Valley Road; and, 3) Salmon and Steelhead Trout Restoration Account (SSTRA) in the amount of$60,000 which would be used to construct aids to fish passage over existing barriers in Prefumo Creek at the Laguna Lake Golf Course. C4. FINAL MAP -TRACT 1750 (UNIT 5) (McCLUSKEY/202-04) Consideration of approving the final map for Tract 1750 (Unit 5), a 60-lot residential subdivision on Spanish Oaks Drive near Wavertree; Islay Hill Investments(Hertel) subdivider. + RECOMMENDATION: Adopt resolution approving the final map and accepting Lot 58 for creekway, bikeway, pedestrian way and sanitary sewer purposes and an open space easement. C5. COMMUNITY INFORMATION & OUTREACH SERVICES REQUEST FOR PROPOSALS (MOSS/704-06) Consideration of a Request for Proposals (RFP)for Utilities Department Community Information and Outreach Public Information Services to encourage water conservation and resource recovery at a cost not to exceed $79,000. (RFP is available in the Council Office for review.) + RECOMMENDATION: Approve RFP and authorize contract award by CAO, if the selected proposal is within the approved budget for the project. C6. SEWERMAIN IMPROVEMENT PROJECT (MCCLUSKEY/704-06) Consideration of plans and specifications for"Sewermain Improvement Project: Railroad Crossing north of McMillan, Specification No. 9880; Engineer's estimate: $79,200, total project cost: $97,000. (Plans and specifications are available in the Council Office for review.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids and CAO to award the contract if the lowest responsible bid is within the Engineer's estimate, and authorize the Director of Utilities to execute the agreement with Union Pacific Railroad. C7. NAMING OF BIKE TRAIL (McCLUSKEY/211-01) Consideration of naming the bike trail leading from San Luis Obispo to Avila Beach the "Bob Jones City-to-Sea Bike Trail." + RECOMMENDATION: Support the naming of the "Bob Jones City-to-Sea Bike Trail." 3 Council Agenda Tuesday, Se, .smber 15, 1998 C8. LEAGUE CONFERENCE RESOLUTIONS (PRICEr708-03) Consideration of the Annual League Conference resolutions. + RECOMMENDATION: Authorize the voting delegate to support the resolutions as submitted, unless Council provides alternate direction. C9. STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM (GARDINER/1302=04) Consideration of establishing the Student Neighborhood Assistance Program (SNAP) as a City-operated program. + RECOMMENDATION: Authorize the establishment of SNAP as a City-funded and operated program and appropriate a $2,400 increase to the Police Department budget for FY 98-99 from Police Department general cant'-over funds. C10. PROPERTY TAX SHARING AGREEMENT (JONAS/208-03) Consideration of accepting an agreement with the County for sharing the property tax revenues and annual tax increment for the Bolduan Annexation (County Annexation No. 51, 2246 Flora Street). + RECOMMENDATION: Adopt resolution accepting the negotiated exchange of property tax revenues and annual tax increment. C11. PVEA WORK STATEMENT FOR USE OF ELECTRIC BUS (McCLUSKEY/803- 10) Consideration of a Petroleum'Violation Escrow Account (PVEA) work statement for the use of the electric bus. + RECOMMENDATION: Adopt resolution approving a work statement to operate an electric shuttle bus linking the downtown with the Madonna Road shopping area and the Monterey Street motel area. C1 SAN LUIS MARKETPLACE ECONOMIC ANALYSIS (STATLER/203-05) Consideration of an agreement with PCR Kotin to evaluate the fiscal and economic impacts of the San Luis Marketplace project, prepare a downtown marketing strategy, and assist the City with possible follow-on negotiations with the project applicant. + RECOMMENDATION: Authorize the Mayor to execute the agreement with PCR Kotin. 4 Council Agenda Tuesday, Seg ..mber 15, 1998 1 13. SAN LUIS MARKETPLACE EIR SCOPE OF WORK (JONAS/203-05) Consideration of the workscope for consultant services for an Environmental Impact Report (EIR) for the Dalidio/San Luis Marketplace annexation, prezoning and development plan. (A copy of the Initial Study is available for review in the City Clerk's Office.) + RECOMMENDATION: 1) Approve workscope for preparation of an EIR and authorize staff to proceed with sending out Request for Proposal (RFP) documents; and, 2) authorize the CAO to award the contract to a qualified consulting firm, contingent upon the developer depositing with the City the amount of the contract plus 30%. APPOINTMENTS A1. HOUSING AUTHORITY (SETTLE/302-03) Consideration of an appointment to the Housing Authority to fill an unexpired term to end on 3/31/00. + RECOMMENDATION: Appoint Janet Kourakis to an unexpired term to end on 3/31/00. . PLANNING COMMISSION (ROMERO/305-02) 10 rtooend nsideration of an appointment to the Planning Commission to fill an unexpired term on 3/31/00. + RECOMMENDATION: Agenda report not available at agenda close. To be distributed when available. A3. LEAGUE VOTING DELEGATE (PRICE708-03) Consideration of designating a voting delegate and alternate to the League of California Cities Annual Conference Business Session. + RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Romero as alternate. COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 5 Council Agenda Tuesday, SL, .amber 15, 1998 L v PUBLIC HEARINGS If you have filled out a Speaker Slip, the Mayor will call you to the podium. Please speak 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 an 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. APPEAL - PRIVATE INDUSTRY COUNCIL (JONAS1201-11- 30 min.) consider an appeal b CL II Intervest of the Planning Commission's Public hearing to pp Y action denying an appeal and upholding the Hearing Officer's approval of an administrative use permit allowing the Private Industry Council (PIC) to establish a one- stop career center in conjunction with the State Employment Development Department (EDD) and other local agencies within the existing PIC offices at 3566 South Higuera, C-S zone.; PIC, applicant. + RECOMMENDATION: Adopt resolution denying the appeal and upholding the Planning Commission action. 2. APPEAL-USE PERMIT - 175 HATHWAY (JONAS/201-11 - 30 min.) Public hearing to consider an appeal by Pat Tighe of the Planning Commission's action to revoke a High Occupancy Residential Use Permit for repeated violations of the noise ordinance for the property located at 175 Hathway; (A 75-97). + RECOMMENDATION: Adopt resolution denying the appeal and upholding the Planning Commission action. 3. COMMERCIAL LOADING ZONES (McCLUSKEY/804-01 - 20min.) Public hearing to consider amending Municipal Code Sections 10.44.20 (Curb Markings- Meanings-Authority to Place) and 10.x.030 (Yellow Loading Zone-Time Restriction for Loading and Unloading), and establishing requirements for issuing commercial loading zone permits to authorized passenger vehicles and setting the fee of$25.00 for an annual permit. + RECOMMENDATION: 1) Introduce ordinance to print amending Sections 10.44.20 and 10.44.030; 2) adopt resolution establishing requirements for issuing commercial loading zone permits and setting a fee of$25.00; and, 3) direct staff to return after one year of operation with a status report regarding the impact of the proposed ordinance change. 6 Council Agenda Tuesday, Sep..;mber 15, 1998 ' 4. 1998 BASE YEAR SOLID WASTE RATE REVIEW (MOSS/120405 -20 min.) Consideration of increasing solid waste rates by 4.7% and establishing commercial recycling charges as follows: base fee charge of$3.00 for commercial recycling services; volume-based charge for collection of cardboard to be set at 25% of the commercial refuse rates for a comparable volume; and a per bag charge for office paper and polystyrene collection. + RECOMMENDATION: Adopt resolution: 1) incorporating rate structure for new and revised residential and commercial solid waste services approved by Council on June 2, 1998; 2) incorporating the rate structure for commercial recycling services approved by Council on June 2, 1998; 3) increasing solid waste rates by 4.7%; and, 4) setting an effective date of December 1, 1998 for revised services and rates. COMMUNICATIONS(not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, 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 Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec.54954.2). BUSINESS ITEMS 5. ELECTRIC DEREGULATION STRATEGY (MOSS/1201-02 - 30 min.) Consideration of authorizing staff to begin negotiations for electric service for City facilities with a qualified energy service provider. + RECOMMENDATION: 1) Receive the "Electric Deregulation: A Regional Strategy" report by a subcommittee formed by the SLO County Joint City Councils; 2) endo5se the short and long term planning strategy portion of the report; and, 3) authorizehe CAO to negotiate and execute an agreement for electric service for City facilities with a qualified provider. 6. SIDEWALK CONSTRUCTION PROJECT (McCLUSKEY/704-06 - 15 min.) Consideration of plans and specifications for "1998 Sidewalk Improvement Project: Various Locations," Specification No. 9820; Engineer's estimate: $111,311.00, including contingencies. (Plans and specifications are available in the Council Office for review.) 7 Council Agenda x Tuesd`a_y, Se,,i mber 15, 1998. 'c O RECOMMENDATION'.. Approve plans and specifications, authorize staff.to advertise P, for bids,.and CAO to award the contract if-the lowest responsible bid is within the Engineer's estimate. A. ADJOURNMENT 8 COUNCIL AGENDA TRANSMITTAL FORM ORIGINATED BY: John Shoals, Associate Planner MEETING DATE: September 15, 1998 SUBJECT: Appeal of the Planning Commission's action denying an appeal and upholding the Hearing Officer's approval of an administrative use permit allowing the Private Industry Council (P.I.C.) to establish a one-stop career center in conjunction with the State Employment Development Department (E.D.D.) and other local agencies within the existing P.I.C. offices at 3566 South Higuera; C-S zone. PLEASE NOTIFY: Applicant: Appellant: Lee Farrero Carolyn Larson, Trustee Private Industry Council CL II Intervest 3566 S. Higuera Street 4100 Box 3990 San Luis Obispo, CA 93401 Santa Barbara, CA 93130 Representative: Cannon Associates 364 Pacific Street San Luis Obispo,CA 93401 Attention: Doug Davidson COUNUI AGENDA REPORT TRANSMITTAL FORM 041 I. Department Head: (f,o la SAeLi Prepared By: K Meeting Date: 5��7 Subject/Title: Vis✓ ire Check one: ( )Public Hearing ( )Business ( onsent I ( )Appointment Approximate Discussion Time: Please sahmtt th>s white transmtttal:shp to the Ctry Ctetk's Offce by noonday fifteea workme dans pnor to;the Counct� meeting Retain the yellow copy:to attach to the agenda tepart when it LS rtady for routing Include nR.ames affil addresses of appelleuus,appftcants,'sutxltvtd q zept tattves or amy patties who.must b..notified about:this ttem{at the batiom of iti s top sheet after tt;Las been ..... cked#cora the yellow SPY 1. White: Tentative Agenda Notification 2. Canary: Agenda Routing Slip 3. Pink: Department Copy citoS�i1'1 luis oBisw APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by Title, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of q,yt{ltv�. WYy1YhiS51 On rendered ons° which consisted of the following (i.e., explain what you are appealing and the grounds On August 12, 1998 the Administrative Use Permit—Hugh Occupancy Residential Use Permit for 6 occupants for my house was revoked by the Planning Commission. I am appealing this decision to the City Council because this ordinance is an unconstitutional invasion of privacy, and because the city has not obtained a Health and Safety Code waiver from the State of California to set more restrictive residentW density the limits than li state limits for residential use,so this ordinance is not in keeping with regulations[43 Cal.App.4d 677]. I am also appealing this decision because by twifor the the permit for noise ordinance violations the tenants are being punished same offense. I feel this ordinance is not appropriate for these and other reasons. I am Wang the City Council to strike down the High Occupancy Residential Use San Luis Obispo ordinance. The undersigned discussed the decision being appealed with: on Name/Department (Date) AppellantOl-`'r 2�6 Qrov�Ancc�.t,J4 l>tici'Kc�ek, Namelr�tle Mailing Address (& Zip Code} yq$rj6 Home Phone Work Phone Representative: Mailing Addr Name/T'dle letFor Official Use Only: (I�� Calendared for C) 231L, �I V. City Attorney City Administrative Officer RI~ut I v Cv Copy to the following department(s): AUG 7 n 1998 SLO CITY CLERK Original in City Clerk's Office _ _ ...-s,,. _X nwM'Tw =as saw * WaLo : so 26 'OZ 'BO Y ter. council agenba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET TUESDAY, SEPTEMBER 15, 1998 6:30 P:M.. CLOSED`SESSION Council Heating Room .990,Palm'Street CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6 San Luis Obispo Police Staff Officers Association Fire Battalion Chiefs Agency Negotiators Ann Slate, Ken Hampian 7=K.K. 'REGULAR.MEETING Council Chamber 990-P _ :a m:Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Bill Roalman, Dave Romero, Dodie Williams, Mayor Allen K. Settle PRESENTATION Proclamation presented to Phi Beta Sigma for"Sexual Assault Awareness Day." ® Regular City Council meetings are broadcast on KCPR, 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. Council Agenda Tuesday, SF-, amber 15, 1998 PUBLIC COMMENT PERIOD(not to exceed 15 minutes total) The Council welcomes your input You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the 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 or questions posed by persons exercising their public testimony rights(Gov. Code Sec. 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 in the City Clerk's Office in Room 1 of City Hall. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. COUNCIL MINUTES (CONDON) Consideration of the minutes of: Tuesday, September 1, 1998 @ 7:00 p.m. + RECOMMENDATION: Waive oral reading and approve minutes as amended. C2. PAVING FOR BIOSOLIDS STORAGE AREA (MCCLUSKEY/704-06) Consideration of plans and specifications for"Water Reclamation Facility Biosolids Storage Area Paving," Paving, Specification No. 9212; Engineer's estimate, including contingencies: $400,000. (Plans and specifications are available in the Council Office for review.) + RECOMMENDATION: Approve plans and specification, authorize staff to advertise for bids and CAO to award the contract if the lowest responsible bid is within the budget. C3. ENVIRONMENTAL GRANT PROGRAM FUNDS (HAMPIAN/211-06) Consideration of authorizing applications for environmental grant program funds from the State of California. + RECOMMENDATION: Adopt resolutions authorizing application for grant funds from: 1) the Environmental Enhancement and Mitigation Program (EEMP) in the amount of$250,000 in support of the acquisition of the Hastings/Sheffer properties in Reservoir Canyon; 2) Habitat Conservation Fund (HCF) in the amount of$100,000 in 2 Council Agenda Tuesday, St:.,,,,ember 15, 1998 support of the acquisition of the Morganti property at Los Osos Valley Road; and, 3) Salmon and Steelhead Trout Restoration Account (SSTRA) in the amount of$60,000 which would be used to construct aids to fish passage over existing barriers in Prefumo Creek at the Laguna Lake Golf Course. C4. FINAL MAP -TRACT 1750 (UNIT 5) (McCLUSKEY/202-04) Consideration of approving the final map for Tract 1750 (Unit 5), a 60-lot residential subdivision on Spanish Oaks Drive near Wavertree; Islay Hill Investments (Hertel) subdivider. + RECOMMENDATION: Adopt resolution approving the final map and accepting Lot 58 for creekway, bikeway, pedestrian way and sanitary sewer purposes and an open space easement. C5. COMMUNITY INFORMATION & OUTREACH SERVICES REQUEST FOR PROPOSALS (MOSSf704-06) Consideration of a Request for Proposals (RFP) for Utilities Department Community Information and Outreach Public Information Services to encourage water conservation and resource recovery at a cost not to exceed $79,000. (RFP is available in the Council. Office for review.) + RECOMMENDATION: Approve RFP and authorize contract award by CAO, if the selected proposal is within the approved budget for the project. C6. SEWERMAIN IMPROVEMENT PROJECT (MCCLUSKEW704-06) Consideration of plans and specifications for"Sewermain Improvement Project: Railroad Crossing north of McMillan, Specification No. 9880; Engineer's estimate: $79,200, total project cost: $97,000. (Plans and specifications are available in the Council Office for review.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids and CAO to award the contract if the lowest responsible bid is within the Engineer's estimate, and authorize the Director of Utilities to execute the agreement with Union Pacific Railroad. C7. NAMING OF BIKE TRAIL (McCLUSKEY/211-01) Consideration of naming the bike trail leading from San Luis Obispo to Avila Beach the "Bob Jones City-to-Sea Bike Trail." + RECOMMENDATION: Support the naming of the "Bob Jones City-to-Sea Bike Trail." 3 Council Agenda Tuesday, Se_ mber 15, 1998 C8. LEAGUE CONFERENCE RESOLUTIONS (PRICEr/08-03) Consideration of the Annual League Conference resolutions. + RECOMMENDATION: Authorize the voting delegate to support the resolutions as submitted, unless Council provides altemate direction. C9. STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM (GARDINER/1302-04) Consideration of establishing the Student Neighborhood Assistance Program (SNAP) as a City-operated program. + RECOMMENDATION: Authorize the establishment of SNAP as a City-funded and operated program and appropriate a $2,400 increase to the Police Department budget for FY 98-99 from Police Department general carry-over funds. C10. PROPERTY TAX SHARING AGREEMENT (JONAS/208-03) Consideration of accepting an agreement with the County for sharing the property tax revenues and annual tax increment for the Bolduan Annexation (County Annexation No. 51, 2246 Flora Street). + RECOMMENDATION: Adopt resolution accepting the negotiated exchange of property tax revenues and annual tax increment. C11. PVEA WORK STATEMENT FOR USE OF ELECTRIC BUS (McCLUSKEY/803- 10) Consideration of a Petroleum-Violation Escrow Account (PVEA) work statement for the use of the electric bus. + RECOMMENDATION: Adopt resolution approving a work statement to operate an electric shuttle bus linking the downtown with the Madonna Road shopping area and the Monterey Street motel area. C12. SAN LUIS MARKETPLACE ECONOMIC ANALYSIS (STATLER/203-05) Consideration of an agreement with PCR Kotin to evaluate the fiscal and economic impacts of the San Luis Marketplace project, prepare a downtown marketing strategy, and assist the City with possible follow-on negotiations with the project applicant. + RECOMMENDATION: Authorize the Mayor to execute the agreement with PCR Kotin. 4 Council Agenda Tuesday, SL, smber 15, 1998 C13. SAN LUIS MARKETPLACE EIR SCOPE OF WORK (JONAS/203-05) Consideration of the workscope for consultant services for an Environmental Impact Report (EIR) for the Dalidio/San Luis Marketplace annexation, prezoning and development plan. (A copy of the Initial Study is available for review in the City Clerk's Office.) + RECOMMENDATION: 1) Approve workscope for preparation of an EIR and authorize staff to proceed with sending out Request for Proposal (RFP) documents; and, 2) authorize the CAO to award the contract to a qualified consulting firm, contingent upon the developer depositing with the City the amount of the contract plus 30%. APPOINTMENTS Al. HOUSING AUTHORITY (SETTLE/302-03) Consideration of an appointment to the Housing Authority to fill an unexpired term to end on 3/31/00. + RECOMMENDATION: Appoint Janet Kourakis to an unexpired term to end on 3/31/00. A2. PLANNING COMMISSION (ROMERO/305-02) Consideration of an appointment to the Planning Commission to fill an unexpired term to end on 3/31/00. + RECOMMENDATION: Agenda report not available at agenda close. To be distributed when available. A3. LEAGUE VOTING DELEGATE (PRICER08-03) Consideration of designating a voting delegate and alternate to the League of California Cities Annual Conference Business Session. + RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Romero as alternate. COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 5 Council Agenda Tuesday, St amber 15, 1998 PUBLIC HEARINGS If you have filled out a Speaker Slip, the Mayor will call you to the podium. Please speak 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 an 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. APPEAL -PRIVATE INDUSTRY COUNCIL (JONAS/201-11- 30 min.) Public hearing to consider an appeal by CL II Intervest of the Planning Commission's action denying an appeal and upholding the Hearing Officer's approval of an administrative use permit allowing the Private Industry Council (PIC)to establish a one- stop career center in conjunction with the State Employment Development Department (EDD) and other local agencies within the existing PIC offices at 3566 South Higuera, C-S zone.; PIC, applicant. + RECOMMENDATION: Adopt resolution denying the appeal and upholding the Planning Commission action. 2. APPEAL- USE PERMIT - 175 HATHWAY (JONAS/201-11 - 30 min.) Public hearing to consider an appeal by Pat Tighe of the Planning Commission's action to revoke a High Occupancy Residential Use Permit for repeated violations of the noise ordinance for the property located at 175 Hathway; (A 75-97). + RECOMMENDATION: Adopt resolution denying the appeal and upholding the Planning Commission action. 3. COMMERCIAL LOADING ZONES (McCLUSKEY/804-01 -20min.) Public hearing to consider amending Municipal Code Sections 10.44.20 (Curb Markings- Meanings-Authority to Place) and 10. 4.030 (Yellow Loading Zone-Time Restriction for Loading and Unloading), and establishing requirements for issuing commercial loading zone permits to authorized passenger vehicles and setting the fee of$25.00 for an annual permit. + RECOMMENDATION: 1) Introduce ordinance to print amending Sections 10.44.20 and 10.44:030; 2) adopt resolution establishing requirements for issuing commercial loading zone permits and setting a fee of$25.00; and, 3) direct staff to return after one year of operation with a status report regarding the impact of the proposed ordinance change. 6 Council Agenda Tuesday, Se,amber 15, 1998 4. 1998 BASE YEAR SOLID WASTE RATE REVIEW (MOSS/1204-05 -20 min.) Consideration of increasing solid waste rates by 4.7% and establishing commercial recycling charges as follows: base fee charge of$3.00 for commercial recycling services; volume-based charge for collection of cardboard to be set at 25% of the commercial refuse rates for a comparable volume; and a per bag charge for office, paper and polystyrene collection. + RECOMMENDATION: Adopt resolution: 1) incorporating rate structure for new and revised residential and commercial solid waste services approved by Council on June 2, 1998; 2) incorporating the rate structure for commercial recycling services approved by Council on June 2, 1998; 3) increasing solid waste rates by 4.7%; and, 4) setting an effective date of December 1, 1998 for revised services and rates. COMMUNICATIONS(not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, 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 Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). BUSINESS ITEMS 5. ELECTRIC DEREGULATION STRATEGY (MOSS/1201-02- 30 min.) Consideration of authorizing staff to begin negotiations for electric service for City facilities with a qualified energy service provider. + RECOMMENDATION: 1) Receive the "Electric Deregulation: A Regional Strategy" report by a subcommittee formed by the SLO County Joint City Councils; 2) endorse the short and long term planning strategy portion of the report; and, 3) authorized the CAO to negotiate and execute an agreement for electric service for City facilities with a qualified provider. 6. SIDEWALK CONSTRUCTION PROJECT (McCLUSKEY/704-06 - 15 min.) Consideration of plans and specifications for"1998 Sidewalk Improvement Project: Various Locations," Specification No. 9820; Engineer's estimate: $111,311.00, including contingencies. (Plans and specifications are available in the Council Office for review.) 7 Council Agenda Tuesday; Se,,_Jmber 15,. 1998 + RECOMMENDATION' Approve plans and specifications, authorize staff to advertise for bids,.and CAO to award the contract if-the lowest responsible bid is within the Engineers estimate. A. ADJOURNMENT 8 council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, September 15, 1998 ADDED CLOSED SESSION ITEM: CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 San Luis Obispo Firefighters Association Agency Negotiators: Ken Hampian, Wendy George ADDED APPOINTMENTS: A4. PERFORMING ARTS CENTER COMMISSION (DUN N/1 105-03) Consideration of appointing Vice Mayor Dave Romero as the alternate to Mayor Allen K. Settle to serve on the Performing Arts Center Commission. + RECOMMENDATION: Appoint Vice Mayor Dave Romero as alternate to PAC Committee. A5. COUNCIL SUBCOMMITTEE APPOINTMENTS (SETTLE/301-05) Consideration of appointing newly-appointed Council Member Ken Schwartz to various standing Council Subcommittees. ♦ RECOMMENDATION: Ratify the appointment of Council Member Ken Schwartz to Council Subcommittees, previously assigned to Kathy Smith. Posted 9/10/98