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Home My WebLink About07/05/2000, Agenda 3� council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Wednesday, July 5, 2000 ACTION UPDATE (REVISED) 5 00 P M REGULAR MEETING° �IIIli,l. ji .Council Chamb �.: _ _ _:• -. � S". ... �.'moi.: ,f'lu.:a. _ - - CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, Mayor Allen K. Settle All Council Members were present. ° ' " v 'wP 1, 61I 4 , a:�, ti ,CONSENTAGENDA w Ttie1t TIT Consent Agenda is approved on onel'motion Council Members 'may pull consent itlems to rbe'. C afteEiBusfness C1. COUNCIL MINUTES OF THURSDAY JUNE 15, 2000 (NOON), THURSDAY JUNE 15 2000 (7:00 P.M.), AND TUESDAY JUNE 20, 2000. (PRICE) RECOMMENDATION: Waive oral reading and approve as submitted. ACTION: Approved(5:0). Minutes of Tuesday, June 20, 2000 continued to July 18, 2000 Council Meeting, C2. RESOLUTION APPROVING COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL.. (MOSS/MUNDS — 1201-03) RECOMMENDATION: Adopt a resolution authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Obispo Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved. Council Agenda Action., . date Wei .day, July 5, 2000 ACTION. Resolution No. 9056 adopted(5:0). C3. RESOLUTION AMENDING THE HUMAN RELATIONS COMMISSION (HRC) BYLAWS. (SLATE/SYLVAIN —302-04) RECOMMENDATION: Adopt a resolution amending the HRC's bylaws to provide additional flexibility to the HRC in scheduling and locating their monthly meetings. ACTION. Resolution No. 9057 adopted as amended(5.0). C4. APPROVE PLANS AND SPECIFICATIONS FOR LAGUNA LIFT STATION AND FORCE MAIN REPLACEMENT, SPECIFICATION NO. 90006. (MOSS/HIX— 704-06) RECOMMENDATION: 1) Approve plans and specifications for the Laguna Lift Station and Force Main Replacement Project, Specification No. 90006. 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the construction contract, if the accepted bid plus contingencies is within the available budget. ACTION. Approved(5:0). C5. APPROVAL OF A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION (SLOPSOA). (SLATEMENNY— 509-04) RECOMMENDATION: Adopt a resolution approving the MOA between the City and SLOPSOA for the period of July 1, 2000 through June 30, 2002. ACTION. Resolution No. 9058 adopted(5:0). C6. THIRD AMENDMENT OF THE EXCLUSIVE NEGOTIATION AGREEMENT (ENA) RELATIVE TO THE PALM STREET/COURT STREET PROJECT AND CONTINUED CONSULTANT SERVICES. (HAMPIAN/STANWYCK 704-06) RECOMMENDATION: 1) Authorize the Mayor to execute the Third Amendment to the Exclusive Negotiating Agreement with Chinatown-Court Street Partners, LLC in order to extend the Exclusive Negotiating Agreement (ENA) term for an additional 75 days. 2) Appropriate $50,000 from the Unreserved General Fund balance to fund added consultant services necessary to complete the negotiations with the understanding that Chinatown-Court Street Partners, LLC will pay all third party costs after the Memorandum of Understanding (MOU) is approved. ACTION. Approved(5.0). 2 Council Agenda Action Update Weoi iesday, July 5, 2000 5 C7. COUNCIL CHAMBER CABLECASTING PROJECT PHASE II-ENHANCED MULTI-MEDIA VISUAL PRESENTATION TECHNOLOGY. (PRICE—704-06) RECOMMENDATION: 1) Award sole source contract to The Waterford Group in the amount of $44,600 to design and install the Council Chamber Cablecasting Project Phase II — Enhanced Multi-Media Visual Presentation Technology. 2) Authorize the Mayor to sign the agreement. ACTION. Approved(5.0). is APPOINTMENT !t Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE. (PRICE/KOPECKY—3 MINUTES 708-03) RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Schwartz as alternate to the League of California Cities Annual Conference. ACTION. Mayor Settle and Council Member Romero appointed voting delegate and alternate respectively(5:0). PUBLIC HEARINGS If you have filled out a:Speaker°,Slip;the' Mayor wdl call you lAb the,Ipodium Please speak into they, mioropFione andgive your name,andCcity of residence for`the record �i IPlease limit your comments f6` minutes;-consultant and project;presentations,limited to 10 minutes If you challenge an issue an cowrf; you may be limited to.raising only those?issues youror someone else raised at .this publio<lieahod_as described-below,or in.written,correspondence delivered to the Crtytiefore or'during the public;heanng.: •` ' w .i.•L . 7C'. , Ui I f l?P I I i"IIN I ilYi 4 , � I • NOTE ,.If you are paidby,any other person orftorganization to communicate withi any off icer,,,employee, o commission of the City of'San Luis,Obispo for the,purpotbi6f influencing local legista& ocdiscretionary 'action you maym qualify,as a unicipteal advocaor„hobbyist Any person engaged in'municipal.advocacy,' as defined by SLOMC Section 2M.1020,-J9 required to register with the City.,Clerk and'°orallyAisclosethat he/she:is registered as a murncipall',advocate'when addressing the'_CityCouncil A';registraton�form is, `availagle on the tiack'of the Speaker,Shp ohbycontactindAhe CityClerk h >_- 1. 2000-2001 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID FUNDING RECOMMENDATIONS. (SLATE/SYLVAIN —30 MINUTES—302-04) RECOMMENDATION: 1) Approve recommendations from the Human Relations Commission for Grant-in-Aid funding for 2000-01. 2) Adopt a resolution authorizing staff to develop agreements and the City Administrative Officer to execute agreements with each Grants-In-Aid funding for 2000-01. 3) Approve the recommendation to grant the Salvation Army any unallocated administrative monies from the Commission's budget and unexpended Grants-In-Aid money from the 1999-00 fiscal year. 3 ./ Council Agenda Action . rdate Wedk. .day, July 5, 2000 ACTION. 1) Approved,2) Resolution No. 9059 adopted; and, 3) approved the recommendation to grant the Salvation Army unexpended Grants-in-Aid monies from the 1999-00 fiscal year not to exceed$1,000(5.0). 2. 2000-2001 PROMOTIONAL COORDINATING COMMITTEE (PCQ GRANTS- IN-AID RECOMMENDATIONS. (HAMPIAN/GEORGE —30 MINUTES —302-07) RECOMMENDATION: 1) Consider recommendations from the Promotional Coordinating Committee for 2000-2001 Grants-in-Aid funding. 2) Adopt a resolution authorizing the City Administrative Officer to execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution, and inclusive of any modifications made by the Council. 3) Authorize the PCC to change its late grant applications procedures in future years so that late or incomplete applications are no longer accepted. ACTION. 1) Approved;2) Resolution No. 9060 adopted;and, 3) approved(5:0). CLOSED SESSION 6.00 P.M. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Palm Street/Court Street Negotiating Parties: City of San Luis Obispo: John Dunn, Jeff Jorgensen, Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Status of Negotiations ACTION. Council authorized further negotiations. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Ayres Property (Ontario Road) Negotiating Parties: City of San Luis Obispo: Neil Havlik 4 Council Agenda Action Update Weanibsday, July 5, 2000 Property owner Representatives: Steve Curtis Negotiation: Whether to Negotiate/Acquire ACTION: Council authorized further negotiations. 77 j ?00 P M PUBLIC COMMENT PERIOD (not to,exceetl 15 in total) The Council welcomes'your input.(FOR'ITEMS-NOT ON THE AGENDA) You may address the Council. Eby completing a speaker'_slip and,.giving d to the City Clerk:prior to the meeting At#is time`, you may.' address the Council on items that;are notonthe'agenda oS4iYems onthe Consent Agenda Time Urmti$. three minutes :State law does,not allow the Couricil to discuss o'r take 'action -n issues not on the` ;agenda; except, that members of the Council or;staff may bri6fiyl, respond oto staternents. made or questions posed,aby persons 'ezercismg th'e�r public testimony,ngFits (Gov' Code Sec 54954.2). Staff, Council Agenda Action %,,,date Wed,._.sday, July 5, 2000 RECOMMENDATION: Approve the Planning Commission recommendation to adopt a resolution approving the Negative Declaration of Environmental Impact with mitigation and approving the tentative map with conditions. ACTION: Approved as amended(5:0). 4. FROOM RANCH ANNEXATION, PREZONING, AND SUBDIVISION (ANNX/R/MS/ER 51-00): 12395 LOS OSOS VALLEY ROAD. (JONAS/P. MANDEVILLE— 60 MINUTES —208-03) RECOMMENDATION: 1) Adopt a resolution approving the vesting parcel map based on findings and subject to conditions and code requirements to become effective upon annexation and adopting the mitigated negative declaration of environmental impact (ER 51-0). 2) Introduce an ordinance prezoning the annexation area Retain- Commercial (C-R). 3) Adopt a resolution recommending that the Local Agency Formation Commission (LAFCO) approve the annexation. ACTION: 1) Resolution No. 9061 adopted,2) Ordinance No. 1371 introduced; and, 3) Resolution No. 9062 adopted(4:1, Marx). 5. CONSIDERATION OF ADOPTING A NEW SAFETY ELEMENT OF THE GENERAL PLAN, AND AN ENVIRONMENTAL DETERMINATION (APPLICATION NO. 67-96). (JONAS/MATTESON — 60 MINUTES —208-02) RECOMMENDATION: Adopt a resolution approving the Planning Commission recommendation to approve a negative declaration of environmental impact and to adopt a new Safety Element, replacing the 1975 Seismic Safety Element and the 1978 Safety Element. ACTION: Resolution No. No. 9063 adopted(5:0). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. ECONOMIC OPPORTUNITY COMMISSION Council Member Marx submitted a report on EOC Child Resource and Referral Programs received by the EOC Board of Directors at their June 29, 2000 meeting (memo on file in the City Clerk's Office). CALIFORNIA MEN'S COLONY CITIZENS' ADVISORY COMMITTEE (CAC) Council Member Romero reviewed the CAC meeting of June 21, 2000(memo on file in the City Clerk's Office). 6 v Council Agenda Actioi, ..pdate Wei..--asday, July 5, 2000 CHANNEL COUNTIES DIVISION OF THE LEAGUE OF CA CITIES Council Member Romero reported on the League tour of the Reagan Library on June 30, 2000 and a report from Oakland Council Member John Russo, Chair of the League Fiscal Reform Task Force. COMMUNICATIONS (not to exceed 15 minutes) At this time,any Council Member or.the City A6r irnstrative'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 resourcesgfor factual information, request staff to report.back to the Council at:a subsequent.meeting.concerning.any matter, or take action to idirect staff to)place a matter of business on a future„agenda,(Gov. Code Sec.: 54954.2). Mavor Settle voiced concern regarding the performance standards and penalties assessed by the Regional Water Quality Control Board on the Wastewater Treatment Plant Staff reported that the City's lobbyist and Utilities Director Moss will seek legislative relief. John Ewan noted that San Luis Marketplace is tentatively scheduled for August 15th when he will be absent. He feels a project of this magnitude should be reviewed by the full Council. Vice Mayor Schwartz stated that he will be absent September 5, 2000. Council agreed that the project should be reviewed by the full Council and requested that the item be set for September 19, 2000. A. ADJOURNED. 7 council apenaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Wednesday, July 5, 2000 Note Early Start Time 5:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, Mayor Allen K. Settle 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 OF THURSDAY JUNE 15, 2000 (NOON), THURSDAY JUNE 15, 2000 (7:00 P.M.), AND TUESDAY JUNE 20, 2000. (PRICE) RECOMMENDATION: Waive oral reading and approve as submitted. C2. RESOLUTION APPROVING COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL. (MOSS/MUNDS) RECOMMENDATION: Adopt a resolution authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Obispo Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved. ® 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 Wednesday, July 5, 2000 C3. RESOLUTION AMENDING THE HUMAN RELATIONS COMMISSION (HRC) BYLAWS. (SLATE/SYLVAIN) RECOMMENDATION: Adopt a resolution amending the HRC's bylaws to provide additional flexibility to the HRC in scheduling and locating their monthly meetings. C4. APPROVE PLANS AND SPECIFICATIONS FOR LAGUNA LIFT STATION AND FORCE MAIN REPLACEMENT, SPECIFICATION NO. 90006. (MOSS/HIX) RECOMMENDATION: 1) Approve plans and specifications for the Laguna Lift Station and Force Main Replacement Project, Specification No. 90006. 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the construction contract, if the accepted bid plus contingencies is within the available budget. C5. APPROVAL OF A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION (SLOPSOA). (SLATE/JENNY) RECOMMENDATION: Adopt a resolution approving the MOA between the City and SLOPSOA for the period of July 1, 2000 through June 30, 2002. C6. THIRD AMENDMENT OF THE EXCLUSIVE NEGOTIATION AGREEMENT (ENA) RELATIVE TO THE PALM STREET/COURT STREET PROJECT AND CONTINUED CONSULTANT SERVICES. RECOMMENDATION: 1) Authorize the Mayor to execute the Third Amendment to the Exclusive Negotiating Agreement with Chinatown-Court Street Partners, LLC in order to extend the Exclusive Negotiating Agreement (ENA) term for an additional 75 days. 2) Appropriate $50,000 from the Unreserved General Fund balance to fund added consultant services necessary to complete the negotiations with the understanding that Chinatown-Court Street Partners, LLC will pay all third party costs after the Memorandum of Understanding (MOU) is approved. C7. COUNCIL CHAMBER CABLECASTING PROJECT PHASE II-ENHANCED MULTI-MEDIA VISUAL PRESENTATION TECHNOLOGY. (PRICE) RECOMMENDATION: 1) Award sole source contract to The Waterford Group in the amount of $44,600 to design and install the Council Chamber Cablecasting Project Phase II — Enhanced Multi-Media Visual Presentation Technology. 2) Authorize the Mayor to sign the agreement. 2 Council Agenda Wedncsday, July 5, 2000 APPOINTMENT Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE. (PRICE/KOPECKY— 3 MINUTES) RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Schwartz as alternate to the League of California Cities Annual Conference. 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. NOTE: If you are paid by any other person or organization to communicate with any officer,employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action, you may qualify as a municipal advocate or lobbyist. Any person engaged in municipal advocacy, as defined by SLOMC Section 2.64.020, is required to register with the City Clerk and orally disclose that he/she is registered as a municipal advocate when addressing the City Council. A registration form is available on the back of the Speaker Slip or by contacting the City Clerk. 1. 2000-2001 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID FUNDING RECOMMENDATIONS. (SLATE/SYLVAIN —30 MINUTES) RECOMMENDATION: 1) Approve recommendations from the Human Relations Commission for Grant-in-Aid funding for 2000-01. 2) Adopt a resolution authorizing staff to develop agreements and the City Administrative Officer to execute agreements with each Grants-In-Aid funding for 2000-01. 3) Approve the recommendation to grant the Salvation Army any unallocated administrative monies from the Commission's budget and unexpended Grants-In-Aid money from the 1999-00 fiscal year. 2. 2000-2001 PROMOTIONAL COORDINATING COMMITTEE (PCC) GRANTS- IN-AID RECOMMENDATIONS. (HAMPIAN/GEORGE — 30 MINUTES) RECOMMENDATION: 1) Consider recommendations from the Promotional Coordinating Committee for 2000-2001 Grants-in-Aid funding. 2) Adopt a resolution authorizing the City Administrative Officer to execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution, and inclusive of any modifications made by the Council. 3) Authorize the PCC to change its late grant applications procedures in future years so that late or incomplete applications are no longer accepted. 3 Council Agenda Wednesday, July 5, 2000 CLOSED SESSION 6:00 P.M. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Palm Street/Court Street Negotiating Parties: City of San Luis Obispo: John Dunn, Jeff Jorgensen, Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Status of Negotiations CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Ayres Property (Ontario Road) Negotiating Parties: City of San Luis Obispo: Neil Havlik Property owner Representatives: Steve Curtis Negotiation: Whether to Neogtiate/Acquire 7:00 P.M. PUBLIC COMMENT PERIOD (not to exceed 15 minutes total) The Council welcomes your input (FOR ITEMS NOT ON THE AGENDA) 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 Rem referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. 4 Council Agenda Wea,iesday, July 5, 2000 PUBLIC HEARINGS (Continued) 3. MUSCARELLA/COWAN TRUST TRACT MAP SUBDIVISIONS: 936 FULLER ROAD AND 906 CALLE DEL CAMINOS (CONTINUED FROM JUNE 20, 2000). (JONAS/MCILVAINE — 60 Minutes) A. SUBDIVISION OF 3 LOTS INTO 13 SINGLE FAMILY RESIDENTIAL LOTS AND 1 LINEAR PARK LOT ON 3.10 ACRES AT 936 FULLER ROAD (TR/ER 225-99). RECOMMENDATION: Approve the Planning Commission's recommendation to adopt a resolution approving the Negative Declaration of Environmental Impact with mitigation, and approving the tentative map with conditions. B. SUBDIVISION OF 2 LOTS INTO 13 SINGLE FAMILY RESIDENTIAL LOTS AND 1 LINEAR PARK LOT AND 1 DETENTION BASIN LOT OF 3.99 ACRES AT 906 CALLE DEL CAMINOS (TR/ER 226-99: TRACT 2372). RECOMMENDATION: Approve the Planning Commission recommendation to adopt a resolution approving the Negative Declaration of Environmental Impact with mitigation and approving the tentative map with conditions. 4. FROOM RANCH ANNEXATION, PREZONING, AND SUBDIVISION (ANNX/R/MS/ER 51-00): 12395 LOS OSOS VALLEY ROAD. (JONAS/P. MANDEVILLE — 60 MINUTES) RECOMMENDATION: 1) Adopt a resolution approving the vesting parcel map based on findings and subject to conditions and code requirements to become effective upon annexation and adopting the mitigated negative declaration of environmental impact (ER 51-0). 2) Introduce an ordinance prezoning the annexation area Retain- Commercial (C-R). 3) Adopt a resolution recommending that the Local Agency Formation Commission (LAFCO) approve the annexation. 5. CONSIDERATION OF ADOPTING A NEW SAFETY ELEMENT OF THE GENERAL PLAN, AND AN ENVIRONMENTAL DETERMINATION (APPLICATION NO. 67-96). (JONAS/MATTESON — 60 MINUTES) RECOMMENDATION: Adopt a resolution approving the Planning Commission recommendation to approve a negative declaration of environmental impact and to 5 Council Agenda Wednesday, July 5, 2000 adopt a new Safety Element, replacing the 1975 Seismic Safety Element and the 1978 Safety Element. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 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). A. ADJOURN. 6