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Home My WebLink About05/15/2001, AGENDA council agen6a CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, May 15, 2001 ACTION UPDATE 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Chinatown/Court Street Negotiating Parties: City of San Luis Obispo: Ken Hampian, Jeff Jorgensen Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Status of Negotiations Closed session held. 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 Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor Ewan, Mayor Allen K. Settle All Council Members were presenL 1 Council Agenda Action..- ,date Tui ,.ay, May 15, 2001 PRESENTATIONS PROCLAMATION RECOGNIZING NATIONAL PUBLIC WORKS WEEK. (SETTLE/TOLSON) Mayor Settle presented a proclamation to Public Works Director McCluskey, Utilities Director Moss, and Parks Supervisor Tolson recognizing May 20, 2001 to 27, 2001 as National Public Works Week. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(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. Dave Romero urged Council to proceed with the installation of a traffic signal in the 800 block of Marsh Street(memo on file in the Office of the City Clerk). Kelvin Sifu Harrison reiterated complaints of harassment and discrimination. Mary Beth Schroeder did not support spending$600,000 to rennovate the current Senior Center on Santa Rosa Street She urged Council to consider putting the money toward a new Senior Center at the former Emerson School site. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. MINUTES OF APRIL 12, 2001, APRIL 24, 2001, AND MAY 1, 2001. (PRICE) RECOMMENDATION: Waive reading of the minutes and approve as submitted. ACTION: Approved(5:0). 2 Council Agenda Action update Tuz.4day, May 15, 2001 C2. ADOPT RESOLUTION SETTING PUBLIC HEARINGS FOR PROPOSED FRANCHISE ORDINANCES REGARDING THE OPERATION OF PIPELINES AND THE TRANSPORTING OF OIL AND HYDROCARBON GASES BY TOSCO CORPORATION AND UNOCAL COMPANY. (JORGENSEN/TRUJILLO) RECOMMENDATION: Adopt Resolutions setting public hearings for June 19, 2001, pursuant to Section 1002 of the City Charter. ACTION: Resolution No. 9181 and Resolution No. 9182 adopted(5:0). C3. AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO COUNTY ARCHAEOLOGICAL SOCIETY FOR CURATION OF THE PALM STREET PARKING STRUCTURE ARCHAEOLOGICAL COLLECTION. (GEORGE/DEJARNETTE) RECOMMENDATION: Approve an agreement between the City of San Luis Obispo and the San Luis Obispo County Archaeological Society (SLOCAS)for the curation of the Palm Street Parking Structure Archaeological Collection and authorize the Mayor to execute the contract ACTION. Approved(5:0). C4. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT MONIES FROM THE TRANSPORTATION EQUITY ACT FOR THE TWENTY-FIRST CENTURY (TEA-21) N SUPPORT OF THE PROJECT KNOWN AS THE AHEARN PROPERTY ACQUISITION. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of$500,000 from the Transportation Equity Act for the Twenty-First Century (TEA-21), which would be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101. ACTION: Resolution No. 9183 adopted(5:0). C5. ORDINANCE NO 1386 (2001 SERIES) REZONING PROPERTY AT 811 EL CAPITAN (ROADHOUSE) TO SERVICE-COMMERCIAL MIXED USE WITH A SPECIFIC PLAN OVERLAY ZONE (C-S-MU-SP). CITY FILE NO. GP/R/U/R 108-00. (MANDEVILLE/MCILVAINE) RECOMMENDATION: Adopt Ordinance No. 1386. ACTION. Ordinance No. 1386 adopted(4:1. Mulholland). 3 Council Agenda Action►..,,date Tut—jay, May 15, 2001 C6. DOWNTOWN PAVING 2001 –SPECIFICATION NO. 90204. (MCCLUSKEY/MCDERMOTT) RECOMMENDATION: 1) Approve plans and specifications for"Downtown Paving 2001: Specification No. 90204." 2)Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of$232,300. 4) Consolidate $256,000 of existing operating budget appropriations into a minor capital account for this project. ACTION: Approved(5:0). C7. RECREATION CENTER DONATION. (LESAGE - 30 MINUTES) RECOMMENDATION: 1) By resolution: a)Accept a donation to fund the remodel of the Santa Rosa Street Recreation Center in the approximate amount of$600,000, and b)Authorize the Mayor to sign the donor agreement. 2) Upon receipt of donated investment securities by the City, authorize the Mayor to sign a letter to the donor acknowledging the gift for tax purposes. ACTION: Resolution No. 9184 adopted(5:0). PUBLIC HEARINGS 1. ORDINANCE ADDING CHAPTER 9.05 TO THE SAN LUIS OBISPO MUNICIPAL CODE AS IT RELATES TO THE HOSTING OF A GATHERING WHERE UNDERAGE PERSONS CONSUME ALCOHOL. (GARDINERBISHOP–60 MIN.) RECOMMENDATION: Introduce the ordinance. ACTION. Ordinance No. 1387 introduced(4:1, Mulholland). Staff directed to review the ordinance in two years with the Student Community Liaison Committee(SCLC) and provide Council with an update on the effects of the ordinance.. 2. REQUEST TO ALLOW ADDED TAXI OPERATOR IN THE CITY OF SAN LUIS OBISPO. (MCCLUSKEY/O'DELL–20 MIN.) RECOMMENDATION: Adopt a resolution denying the application of Beach Cities Cab Company until service demand warrants a second taxi operator. ACTION: Staff to bring back a resolution allowing a second cab company in the City of San Luis Obispo, with a defined trial period(5:0). 4 Council Agenda Action update Tuesday, May 15, 2001 BUSINESS ITEMS 3. STENNER CANYON HYDROELECTRIC PLANT FEASIBILITY STUDY. (MOSS/HAMILTON/HENDERSON - 30 MINUTES) RECOMMENDATION: 1) Receive and file the "Stenner Canyon Hydroelectric Feasibility Study" by Henwood Energy Services, Inc. (HEST). 2) Direct staff to return to Council with a comprehensive energy policy for the City. ACTION: Approved(5:0). 4. APPROVAL OF LONG-TERM FUNDING PLAN FOR THE PERFORMING ARTS CENTER. (MARX/MULHOLLAND/GEORGE - 30 MINUTES) RECOMMENDATION: 1)Approve the long-term funding recommendations developed by an ad hoc task force of representatives from the City, California Polytechnic University (Cal Poly) and the Foundation for the Performing Arts Center(FPAC) for off- setting present and future budgetary deficits of the Performing Arts Center,and 2) direct staff to work with the other two PAC partners to revise the current Operating Agreement to reflect these recommendations. 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. Council Member Schwartz gave an update of the May 2, 2001 Council of Governments (COG)meeting and the San Luis Obispo Regional Transit Authority (SLORTA) (memo on file in the Office of the City Clerk). Council Member Schwartz briefed Council on the May 8, 2001 meeting of the Downtown Association Board(memo on file in the Office of the City Clerk). Vice Mayor Ewan reported on the April 6, 2001 and May 11, 2001 meetings of the North County Water Purveyors Group (NCWPG) (memo on file in the Office of the City Clerk). Council Member Marx highlighted the latest news and events of the Economic Opportunity Commission (EOC) (memo on file of the Office of the City Clerk). Council Member Mulholland noted that the last meeting of the County Water Resources Board was canceled 5 Council Agenda Action .,.date Tuc. .ay, May 15, 2001 Council Member Mulholland briefly reported on the May 2, 2001 meeting of the Cultural Heritage Committee. Council Member Schwartz announced that the open house and concert hosted by the Jack House Committee at the Jack House on Mother's Day, May 13, 2001 was a success. 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). Vice Mayor Ewan asked that the Council reconsider the two options for improving safety at the Marsh Street pedestrian corssing (memo on rile in the Office of the City Clerk). Public Works Director McCluskey indicated that both a signal and in- pavement lighting have been approved and included in the budget: He noted that in-pavement lighting system can be installed soon. By consensus, Council agreed that they did not wish to change the prior Council Direction and urged the expedition of the installation of the in-pavement lights. Mayor Settle mentioned that he met recently with the developer of property located in the Orcutt Area and commented that preliminary plans may provide needed affordable housing. City Clerk Price requested input on meeting dates. Council agreed to cancel the first regular meeting in August and schedule a special meeting on Thursday, July 12, 2001 at 7:00 p.m. to discuss water management issues. Mayor Settle noted that he would be supportive of the request to exempt the fees for background checks for the Big Brothers and Big Sisters program. Brief Council discussion followed. There was no action taken. A. ADJOURNED. 6 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, May 159 2001 6:30 P.M.. CLOSED SESSION Council.Hearing Room 990 Palm Street CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Chinatown/Court Street Negotiating Parties: City of San Luis Obispo: Ken Hampian, Jeff Jorgensen. Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Status of Negotiations 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 Jan Howell Marc, Christine Mulholland, Ken Schwartz, Vice Mayor Ewan, Mayor Allen K..Settle goRegular 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. 1 J I � Council Agenda Tuesday, May 15, 2001 PRESENTATIONS PROCLAMATION RECOGNIZING NATIONAL PUBLIC WORKS WEEK. (SETTLE/TOLSON) PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(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. CITY COUNCIL.PROCEDURES FOR PUBLIC HEARINGS: The Mayor will announce each item and thereafter, the hearing will be conducted as follows: 1. City staff will present the staff report and recommendation on the proposal being heard and respond to questions from Council. 2. The Mayor will open the public hearing by first.asking the project applicanUappellant(or his/her representative)to present any points necessary for the Council,as well as the public;to fully understand the proposal. 3. The Mayor will then ask other interested persons to come to the podium to present testimony either in support of or in opposition to the proposal. 4. Finally, the Mayor will invite the applicant/appellant (or his/her representative) back to the podium to respond to the public testimony, if appropriate. The Mayor will then close the public hearing and limit further discussion to the Council and staff prior to the Council taking a vote. RULES FOR PRESENTING TESTIMONY AT A PUBLIC HEARING: City Council meetings often involve highly emotional issues. It is important that all participants conduct themselves with courtesy,dignity and respect. All persons who wish to present testimony are asked to observe the following rules: 1. Speakers are asked to submit speaker slips to the City Clerk. 2. If you have filled out a Speaker Slip,the Mayor will call you to the podium. 3. Speakers shall address the Council from the podium after giving his/her name and city of residence. Speakers shall direct their comments to the Council, not the audience. 4. Speakers shall limit comments to three minutes. The Mayor, after all others have spoken, may allow additional brief comments from speakers who have already commented on the same agenda item. 5. If testifying as paid representatives, as defined in the Municipal Code speakers shall register as a Municipal Advocate and shall preface their comments by identifying themselves as Municipal Advocates (§2.64.020 & §2.64.050&§2.64.070). 6. Applicants,appellants or applicant representatives desiring to speak shall: a. Submit speaker slips to the City Clerk (available on a plastic rack at the entrance to the Council Chamber). b. Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten minutes. c. Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicanUappellant's representative is a paid Municipal Advocate,they shall comply with Number 5 above. 7. If you challenge an issue in court, you may be limited to raising only those issue you or someone else raised at. this public hearing as described above, or in written correspondence delivered to the City before or during the public hearing. 2 1 Council Agenda Tuesday, May 15, 2001 COUNCIL.CORRESPONDENCE: Written comments on agenda items are encouraged and are most effective if presented at least five days prior to the meeting. Council Correspondence regarding agenda items received after 5:00 p.m. on the day of the Council meeting will be distributed the following day. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. MINUTES OF APRIL 12, 2001, APRIL 24, 2001, AND MAY 1, 2001. (PRICE) RECOMMENDATION: Waive reading of the minutes and approve as submitted. C2. ADOPT A_RESOLUTION SETTING PUBLIC HEARINGS FOR PROPOSED FRANCHISE ORDINANCES REGARDING THE OPERATION OF PIPELINES AND THE TRANSPORTING OF OIL AND HYDROCARBON GASES BY TOSCO CORPORATION-AND UNOCAL COMPANY. (JORGENSEN/TRUJILLO) RECOMMENDATION: Adopt Resolutions setting public hearings for June 19, 2001, pursuant to Section 1002 of the City Charter. C3. AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO COUNTY ARCHAEOLOGICAL SOCIETY FOR CURATION OF THE PALM STREET PARKING STRUCTURE ARCHAEOLOGICAL COLLECTION_. (GEORGE/DEJARNETTE) RECOMMENDATION: Approve an agreement between the City of San Luis Obispo and the San Luis Obispo County Archaeological Society (SLOCAS) for the curation of the Palm Street Parking Structure Archaeological Collection and authorize the Mayor to execute the contract. C4. AUTHORIZATION TO APPLY FOR.ENVIRONMENTAL GRANT MONIES FROM THE TRANSPORTATION EQUITY ACT FOR THE TWENTY-FIRST CENTURY (TEA-21) IN SUPPORT OF THE PROJECT KNOWN AS THE AHEARN PROPERTY ACQUISITION. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of $500,000 from the Transportation Equity Act for the Twenty-First Century (TEA-21), which would be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101. 3 I Council Agenda Tuesday, May 15, 2001 C5. ORDINANCE NO. 1386 (2001 SERIES) REZONING PROPERTY AT 811 EL CAPITAN (ROADHOUSE) TO SERVICE-COMMERCIAL MIXED USE WITH A SPECIFIC PLAN OVERLAY ZONE (C-S-MU-SP). CITY FILE.NO. GP/R/U/R 108-00. (MANDEVILLE/MCILVAINE) RECOMMENDATION: Adopt Ordinance. No. 1386. C6. DOWNTOWN PAVING2001.—SPECIFICATION NO. 90204. (MCCLUSKEY/MCDERMOTT) RECOMMENDATION: 1) Approve plans and specifications for "Downtown Paving 2001: Specification No. 90204." 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $232,300. 4) Consolidate.$256,000 of existing operating budget appropriations into a minor capital account for this project. C7. RECREATION CENTER DONATION. (LESAGE - 30 MINUTES) RECOMMENDATION: _1) By resolution: a) Accept a donation to fund the remodel of the Santa Rosa Street Recreation Center in the approximate amount of $600,000, and b) Authorize the Mayor to sign the donor agreement. 2) Upon receipt of donated investment securities by the City, authorize the Mayor to sign a letter to the donor acknowledging the gift for tax purposes. PUBLIC HEARINGS 1. ORDINANCE ADDING CHAPTER 9.05 TO THE SAN LUIS OBISPO MUNICIPAL CODE AS IT RELATES TO THE HOSTING OF A GATHERING WHERE UNDERAGE PERSONS CONSUME ALCOHOL. (GARDINER/BISHOP —60 MIN.) RECOMMENDATION: Introduce the ordinance. 2. REQUEST TO ALLOW ADDED TAXI OPERATOR IN THE CITY OF SAN LUIS OBISPO. (MCCLUSKEY/O'DELL—20 MIN.) RECOMMENDATION: Adopt a resolution denying the application of Beach Cities Cab Company until service demand warrants a second taxi operator. BUSINESS ITEMS 4 i Council Agenda Tuesday, May 15, 2001 3. STENNER CANYON HYDROELECTRIC PLANT FEASIBILITY STUDY. (MOSS/HAMILTON/HENDERSON - 30 MINUTES) RECOMMENDATION: 1) Receive and file the "Stenner Canyon Hydroelectric Feasibility Study" by Henwood Energy Services, Inc. (HESI). 2) Direct staff to return to Council with a comprehensive energy policy for the City. 4. APPROVAL OF LONG-TERM FUNDING PLAN FOR THE PERFORMING ARTS CENTER. (MARX/MULHOLLAND/GEORGE - 30 MINUTES) RECOMMENDATION: 1) Approve the long-term funding recommendations developed by an ad hoc task force of representatives from the City, California Polytechnic University (Cal Poly) and the Foundation for the Performing Arts Center (FPAC) for off- setting present and future budgetary deficits of the Performing Arts Center; and 2) direct staff to work with the other two PAC partners to revise the current Operating Agreement to reflect these recommendations. 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. 5