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Home My WebLink About12/05/2000, Agenda council Agcm6A CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 5, 2000 Action Update 7:00 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, Christine Mulholland, Ken Schwartz and Mayor Allen K. Settle All Council Members present. PRESENTATION ECONOMIC VITALITY CORPORATION BUSINESS RETENTION AND EXPANSION PROGRAM. (DAVE SPAUR, EVC—20 MINUTES) ACTION. Dave Spaur, President and CAO of the EVC, distributed the Business Retention and Expansion Program Final Report and summarized the main points of the report (On file in the Office of the City Clerk). PUBLIC COMMENT PERIOD Downtown business owners Dave Kastner, Mike Spangler, and Tom Copeland, and Downtown Parking Committee Chair Tom Swem urged the Council to proceed with the Marsh Street Parking structure expansion project without delay. Sifu Kelvin Harrison repeated previously expressed concerns regarding harassment and racial discrimination. Council Agenda Action+k.,,date Tuesday, jecember 5, 2000 Jonni Biaggini. Executive Director of the SLO County Visitors and Conference Bureau, distributed to the Council the new SLO County Destination Guide. 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 TUESDAY, NOVEMBER 21, 2000. (PRICE) RECOMMENDATION Waive oral reading and approve as submitted ACTION: Minutes approved as revised(5:0). C2. APPROVE SPECIFICATIONS FOR POLYBUTYLENE SERVICE REPLACEMENT PROJECT, SPECIFICATION NO. 90063A. (MCCLUSKEY/LYNCH — 704-06) RECOMMENDATION: 1) Approve plans and specifications for"Polybutylene Service Replacements, Specification No. 90063A." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the project budget. ACTION: Approved(5:0). C3. APPROVE EXPENDITURE OF $31,611 FROM PARKING FUND'S COMPLETED CAPITAL IMPROVEMENT PROJECT TO SOUNDPROOF APARTMENTS AT 865 MORRO STREET. (MCCLUSKEY/OPALEWSKI 804- 05) RECOMMENDATION: Approve the expenditure of$31,611 from the Parking Fund's completed Capital Improvement Project (CIP) account to soundproof the apartment building at 865 Mono Street (Berkemeyer Apartments) as a condition of the approved mitigation measures for the construction of the Palm Street Parking Garage. ACTION: Approved(5:0). C4. RECEIVE ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. (STATLER/ASPRION — 203-07) RECOMMENDATION: Receive and file annual statements of revenues and expenditures from development impact fees for 1999-2000 (water, wastewater and transportation). ACTION: Approved(5:0). 2 Council Agenda Action Update Tuesday, December 5, 2000 C5. APPROVE FINAL PASSAGE OF ORDINANCE NO. 1377 (2000 SERIES) AMENDING BYLAWS OF THE MASS TRANSPORTATION COMMITTEE. (MCCLUSKEY/O'DELL 303-09) RECOMMENDATION: Grant final passage to Ordinance No. 1377 (2000 Series). ACTION: Ordinance No. 1377 adopted(5:0). APPOINTMENTS Al. APPOINTMENT OF DOWNTOWN ASSOCIATION BOARD MEMBER TO FILL VACANCY. (HOLLEY —3 MINUTES - 303-04) RECOMMENDATION: Appoint Michelle Garlick to the Downtown Association Board of Directors. ACTION: Approved(5:0). A2. VICE MAYOR APPOINTMENT FOR 2001. (SETTLE —3 MINUTES — 301-01) RECOMMENDATION: Appoint Council Member Ewan as Vice Mayor to serve a one- year term commencing upon appointment. ACTION: Approved(5:0). BUSINESS ITEMS 1. CAL POLY MASTER PLAN FINAL DRAFT (1603-01) A. Presentation by Cal Poly of the Plan —30 MINUTES RECOMMENDATION: Receive report from Cal Poly officials. ACTION: Report received. B. Presentation by Staff of City Comments—30 MINUTES RECOMMENDATION: 1) Consider the recommended comments outlined in the staff report, and any additional recommendations from Council Members and/or the public. 2) Authorize the Mayor to sign a letter forwarding the City's comments to the University. 3 Council Agenda Action-, date Tuesday, december 5, 2000 ACTION: 1) Comments Considered. 2) Authorized the Mayor to sign a letter forwarding to the University the City's comments, incorporating the comments of Utilities Director Moss and RQN(as modified), and the concerns expressed by the Bishop's Peak area residents in their letter of December 3, 2000; and to also forward written public comments received by the City. PUBLIC HEARINGS 2. APPROVE ZONE RECLASSIFICATION FOR PROPERTY AT 486 MARSH STREET AND 545 HIGUERA STREET FROM RETAIL COMMERCIAL (C-R) TO CENTRAL COMMERCIAL (C-C): COAST NATIONAL BANK, APPLICANT. (WHISENAND/MCILVAINE—30 MINUTES —201-05) RECOMMENDATION: Introduce an ordinance approving a mitigated negative declaration and amending the zoning map from C-R to C-C for property at 486 Marsh Street and 545 Higuera Street. ACTION: Ordinance No 1380 introduced(5:0). 3. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE USE PERMIT U68-00 ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/DELI IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD: 3165 AND 3211 BROAD, C-S-PD ZONE, JESSE NORRIS/MIKE AND SONIA HOOK -APPELLANTS. (CONTINUED FROM 8/15/00) (WHISENAND/SHOALS — 15 MINUTES —201-11) RECOMMENDATION: Adopt a resolution denying the appeal and approving the use permit based on modified findings and conditions. ACTION: Resolution No. 9135 adopted, as revised(5:0). BUSINESS ITEMS (Continued) 4. EVALUATION AND CONSIDERATION OF POSSIBLE EXPANSION OF THE MILLS ACT HISTORIC PROPERTY TAX INCENTIVE PROGRAM. (MANDEVILLEMOOK— 1 HOUR) RECOMMENDATION: Adopt a resolution that: 1) approves the Cultural Heritage Committee's recommendation to expand the Mills Act Program to include additional historic properties, and 2) directs staff to work with the County to set an application fee for the program. ACTION: Resolution No. 9136 adopted(5:0). 4 Council Agenda Action Update Tuesday, December 5, 2000 5. APPROVE DOWNTOWN RESTROOM—CITY PROJECT NO. 90108 AND PUBLIC ART PROJECT—CITY PROJECT NO. 90108A. (MCCLUSKEY/PETERSON — 15 MINUTES) RECOMMENDATION: 1) Approve restroom public art proposal by artist Mark Jepsen. 2) Authorize the City Administrative Office to execute an agreement with the artist. 3) Approve plans and specifications for"Downtown Restroom," Specification No. 90108. Authorize staff to advertise for bids and authorize the City Administrative Office to award the contract if the lowest responsible bid is within the engineer's estimate. 5) Approve the transfer of up to $57,000 from the completed projects account to the project account. ACTION. Approved(5:0). 6. PROCUREMENT OF THREE GILLIG TRANSIT COACHES FOR FISCAL YEAR 2000-2001. (MCCLUSKEY/O'DELL— 15 MINUTES) RECOMMENDATION: Approve the purchase of three forty-foot transit coaches manufactured by the Gillig Corporation, in accordance with the Federal Transit Administration guidelines pertaining to piggyback procurements, and authorize the City Administrative Officer to award the contract if it is within the $825,000 budget. ACTION: Approved(5:0). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. None 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). Council Member Ewan asked Council to consider allocating $5,000 for the Safe Ride Home Program. ACTION. The matter was referred to staff to come back with appropriate mid-year budget request. 5 Council Agenda Action .,date Tuesda,, Jecember 5, 2000 , Council Member Ewan requested information about current trends and minimum grocery store square footages in helping to provide an answer to the question of 'What size does a grocery store need to be profitable in a neighborhood?'. Council Member Marx also requested information about the locations and sizes of grocery stores in the City at present ACTION: Staff agreed to provide the information to the Council. Council Member Marx summarized her requests outlined in a memo to the Council (on file in the Office of the City Clerk) for reconsideration of actions relating to the Marsh Street Garage expansion project ACTION: Council agreed to reconsider its action of September 28, 2000 to authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's estimate and directed staff to bring back the bids for award of the contract by the Council. The Council also agreed to discuss at the January 23, 2001 Council Study Session on the Parking and Downtown Access Plan (PDAP) Council Member Marx's requests to consider whether the Plan should be rewritten to include consideration of the Marsh Street Garage expansion as if it had not been built and to reconsider a previous Council decision to pay for parking management and alternative transportation programs out of the General Fund and not the Parking Fund. City Clerk Price presented a tentative meeting schedule for the first quarter of 2001 for Council review and proposed that the Council reschedule the first meeting of January due to the holidays. ACTION: Council rescheduled the first meeting of January from January 2, 2001 to January 9, 2001. A. ADJOURNED. 6 council apenaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 5, 2000 -` ..-. - `.,., ii � �i li i 191..,ii:I� i MI :,I•iNI n� 7:06P M. �IREGULAA MEETINGI I;,II,I��, i Councill�Charnber ,. . 990:Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan, Jan Howell Marx, Christine Mulholland, Ken Schwartz and Mayor Allen K. Settle PRESENTATION ECONOMIC VITALITY CORPORATION BUSINESS RETENTION AND EXPANSION PROGRAM. (DAVE SPAUR, EVC—20 MINUTES) r', �lll 1t 61 'V- III II ill^" ISI�i,11 tl��IGT W rIl�i PUBLIC COMMENT1fPERIQDI(nottoexceed•15'milntrteslltotal)I p „ , '• The Council welcomes yournnput (i=QII I;ITEM&NOT1`OWTHE AGENDA) You•may address)the Council "by-completing a speakersltp and'.giving 'Ctt) the:City Clerk,apnor to'ahieirneeting ItAt'thls tlme,;you may address the Council onrite nsl'that.are),not ori,the'agenda or''IitemsYon:ithe Cons`ent�Agenda Time llrriit is three minutes State law*,doesa not allpW the,„Clouncll tdiWiscuss,or:;take action'i,lon.imes,'not on the agenda; except-that membersilof ahetilICouncilllilor stafflFlrnay�"bnefly9Nresporid A", :made or questions posed::by persons exercising; heirypb'bhc',testirnony rights (Gov Code See: 548542). Staff maybe-asked W followup ort such;items ,Staff repoRs and other,wntten documentationNrelatmg-to each item referred to or1'ahis a enda are onllfile in,the'CItyI:Clerk'slOfflce mRoom"1 of City Hali g. 111��1 I�'114,�rIi�� x"41 ,I�I i ,n�� i�lnr yi •. i1i al,- ISIY If _ - ® 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, wecember 5, 2000 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 TUESDAY, NOVEMBER 21, 2000. (PRICE) RECOMMENDATION: Waive oral reading and approve as submitted. C2. APPROVE SPECIFICATIONS FOR POLYBUTYLENE SERVICE REPLACEMENT PROJECT, SPECIFICATION NO. 90063A. (MCCLUSKEY/LYNCH) RECOMMENDATION: 1) Approve plans and specifications for "Polybutylene Service Replacements, Specification No. 90063A." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the project budget. C3. APPROVE EXPENDITURE OF $31,611 FROM PARKING FUND'S COMPLETED CAPITAL IMPROVEMENT PROJECT TO SOUNDPROOF APARTMENTS AT 865 MORRO STREET. (MCCLUSKEY/OPALEWSKI) RECOMMENDATION: Approve the expenditure of $31,611 from the Parking Fund's ` completed Capital Improvement Project (CIP) account to soundproof the apartment building at 865 Morro Street (Berkemeyer Apartments) as a condition of the approved mitigation measures for the construction of the Palm Street Parking Garage. C4. RECEIVE ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. (STATLER/ASPRION) RECOMMENDATION: Receive and file annual statements of revenues and expenditures from development impact fees for 1999-2000 (water, wastewater and transportation). C5. APPROVE FINAL PASSAGE OF ORDINANCE NO. 1377 (2000 SERIES) AMENDING BYLAWS OF THE MASS TRANSPORTATION COMMITTEE. (MCCLUSKEY/O'DELL) RECOMMENDATION: Grant final passage to Ordinance No. 1377 (2000 Series). 2 Council Agenda Tuesday, jecember 5, 2000 APPOINTMENT Al. APPOINTMENT OF DOWNTOWN ASSOCIATION BOARD MEMBER TO FILL VACANCY. (HOLLEY— 3 MINUTES) RECOMMENDATION: Appoint Michelle Garlick to the Downtown Association Board of Directors. A2. VICE MAYOR APPOINTMENT FOR 2001. (SETTLE — 3 MINUTES) RECOMMENDATION: Appoint Council Member Ewan as Vice Mayor to serve a one- year term commencing upon appointment. BUSINESS ITEMSI'LL y•�C,• q II I I 1. CAL POLY MASTER PLAN FINAL DRAFT A. Presentation by Cal Poly of the Plan—30 MINUTES RECOMMENDATION: Receive report from Cal Poly officials. B. Presentation by Staff of City Comments—30 MINUTES RECOMMENDATION: 1) Consider the recommended comments outlined in the staff report, and any additional recommendations from Council Members and/or the public. 2) Authorize the Mayor to sign a letter forwarding the City's comments to the University. PUBLIC HEARINGS lJillllll is lull rfi III In plp, if you have filled out a .Speaker Sfip,l the';Mayor will call you Fto the podium Please speak into the. microphone,and give your name and cfty°,of Residence for the record: Plelase;lim�t your comments tol3, m1hUtes3jconsultant antl;prodect{p�esentations Lmited to 1IOJ minutes I,If you�nclhallenge.;an issue m court;'!I you may,be limited th4aising only those issuesliyouioril;someone`else r"aised at thislpi lic hearing''as described below, or in written correspondence delivered toytghe City before orldunng Fthe public hearing. xl I"SII ull ��nq:1 11911. .it IIN�II ��JIo ' ll ;l�pi I 'i �iq: 'I I . .1:.111 . , ' .. NOTE If you'Iare paid by any gther person_ 6r,organizationi;;to cornrnunicatelwfth anyllofficer;.iomployee or commission df-the City,of 'San is:::Obispo for the ._purpose,�l,of influencing ,local•legislative or discretionary action, your;may qualrfy,as atlmunicipal advocate orillobbyisii Argy .person engaged in municipal advocacy, as�ldefned by SLOMG Section,;2 64:02U, is(required ;ojegister,iuuith the,City Clerk , an orally disclose that.he/she is i�egisteriia I s A municipal.advocate.when.;.addressing,the City Council. A:registration form is available on the back-of ttie4Speaker,Slip or by contacting the'City Clerk. Ir.1..,.:,._ 3 Council Agenda Tuesday, Liecember 5, 2000 2. APPROVE ZONE RECLASSIFICATION FOR PROPERTY AT 486 MARSH STREET AND 545 HIGUERA STREET FROM RETAIL COMMERCIAL (C-R) TO CENTRAL COMMERCIAL (C-C): COAST NATIONAL BANK. APPLICANT. (WHISENAND/MCILVAINE — 30 MINUTES) RECOMMENDATION: Introduce an ordinance approving a mitigated negative declaration and amending the zoning map from C-R to C-C for property at 486 Marsh Street and 545 Higuera Street. 3. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE USE PERMIT U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/DELI IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD: 3165 AND 3211 BROAD, C-S-PD ZONE, JESSE NORRISIMIKE AND SONIA HOOK- APPELLANTS. (CONTINUED FROM 8/15/00) (WHISENAND/SHOALS — 15 MINUTES) RECOMMENDATION: Adopt a resolution denying the appeal and approving the use permit based on modified findings and conditions. BUSINESS ITEMS(Continued) 4. EVALUATION AND CONSIDERATION OF POSSIBLE EXPANSION OF THE MILLS ACT HISTORIC PROPERTY TAX INCENTIVE PROGRAM. (MANDEVILLE/HOOK— 1 HOUR) RECOMMENDATION: Adopt a resolution that: 1) approves the Cultural Heritage Committee's recommendation to expand the Mills Act Program to include additional historic properties, and 2) directs staff to work with the County to set an application fee for the program. 5. APPROVE DOWNTOWN RESTROOM—CITY PROJECT NO. 90108 AND PUBLIC ART PROJECT—CITY PROJECT NO. 90108A. (MCCLUSKEY/PETERSON — 15 MINUTES) RECOMMENDATION: 1) Approve restroom public art proposal by artist Mark Jepsen. 2) Authorize the City Administrative Office to execute an agreement with the artist. 3) Approve plans and specifications for"Downtown Restroom," Specification No. 90108. Authorize staff to advertise for bids and authorize the City Administrative Office to award the contract if the lowest responsible bid is within the engineer's estimate. 5) Approve the transfer of up to $57,000 from the completed projects account to the project account. 4 Council Agenda Tuesday, jecember 5, 2000 6. PROCUREMENT OF SIX GILLIG TRANSIT COACHES FOR FISCAL YEAR-200- 2001. (MCCLUSKEY/O'DELL- 15 MINUTES) RECOMMENDATION: Approve the purchase of three forty-foot transit coaches manufactured by the Gillig Corporation, in accordance with the Federal Transit Administration guidelines pertaining to piggyback procurements, and authorize the City Administrative Officer to award the contract if it is within the $825,000 budget. COUNCIL LIAISON REPORTW(not.to exceed 15°minutes) Council Members report-on conferences or;other.,Ciry'activities,°'Time limit '3:mintites. Ab 11 III Ill ii 11 IllrI n ,III IIS' "-x rvAI , IIilj I[1,1 IIa11P IOtl� 4 I16 16: PIIfIF.Y Irl A. COMMUNICATIONS (not to'exceed',15(minutes)' Iluil�l Ikll'Fllu II L ,tl ° I �I �I iI111�1L rILI At this time, any Councils Member or the Grty AdmmistraWe Officer may ask a question for clarification, . I�KVmake am announcement�or reporE bnefty on h�sl,or yhera activ s In addition,,subject to Council Policies, and Procedures,they may providela reference to sta#florGotherresources,forfactual �nformation,irequest staff to-report back to the Counc�hatllausubsequent' meefi%Iconcelmingltany-matter--or"take action to directstaf#to place a matter�lof busmepss on a future agendal(Gov Cocle�PSe1."�54954 2)-' I 1 r r A (III �I' II III TI 11�I'� lfll J�I'�" I L:I LIIih A. ADJOURN. 5