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Home My WebLink About04/02/2002, AGENDA council agcnba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, April 2, 2002 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, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Manx, Mayor Allen K. Settle All Council Members were present. CLOSED SESSION-6:45 P.M. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to Government Code Section 54956.9 Worker's Compensation Claim re Robert Carrasco Council authorized further negotiations. PRESENTATIONS Mayor Settle presented a proclamation to members of the Commission on Children and Youth, declaring April 2002 as the "Month of the Child." Mayor Settle presented a proclamation to Thomas Zuur, President of the Central Coast Chapter of the Association of Records Managers and Administrators (ARMA)proclaiming April 2002 as "Strategic Information Management Month." I Action Update - Tucsday, April 2, 2002 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. Carol Nulton expressed concern regarding fire hydrant maintenance in the Laguna Mobile Home Estates. Dave Romero suggested an interim solution for Home Depot(memo on file in the Office of the City Clerk). Patti Tavlor and Jean Anderson voiced concerns regarding the Orcutt Area Specific Plan. Torre Holoate-West voiced concerns about excessive tree pruning and tree removals. In addition, she asked Council to consider establishing a historic tree district and adopt a tree policy. Staff agreed to provide her with the Tree Ordinance. Mary Parker, People's Kitchen Board Chairperson, noted that the Pepole's Kitchen needs are the same as they were in 1997 and urged Council to support the Prado Day Center at a level which allows them to continue to meet current needs. Biz Steinberg, Executive Director of the Economic Opportunity Commission (EOC), invited Council to the Fourth Annual Homeless and Hunger Awareness Week events beginning on April 5, 2002. Sifu Kelvin Harrison reitereated claims of harassment and dsicrimination. PRESENTATION Anita Robinson. Chairperson of the Leadership Team for San Luis Obispo County Trust Fund, George Moylan, Housing Authority Executive Director, and Biz Steinberg, Executive Director of the Economic Opportunity Commission, presented an overview of the goals and objectives of a County-wide Housing Trust Fund which is designed to help provide financing for affordable workforce housing. Council will discuss the issue at the April 16, 2002 Council meeting. 2 Action Update Tutrsday, April 2, 2002 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 TUESDAY MARCH 12, 2002 AND TUESDAY, MARCH 19, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as submitted. ACTION. Approved. (5.0) C2. AUTHORIZATION TO ANNEX THE FORMER FOSTER PROPERTY AND APPROVAL OF AN AGREEMENT WITH THE STAPLETON FAMILY. (GEORGE/ HAVLIK) RECOMMENDATION: 1) Approve a resolution authorizing staff to submit to the Local Agency Formation Commission the necessary documents to permit annexation of the 154-acre property, formerly known as the Foster Property, as well as the 42-acre Stapleton property. 2) Approve an Agreement with Robert and Teresa Stapleton relating to the annexation and providing for the Stapleton property to be connected to the City sewer system per said agreement, subject to non-substantive changes approved by the City Attorney. ACTION. Resolution No. 9298(2002 Series) adopted as amended by staff. (5.0) C3. AMENDMENT TO AN AGREEMENT WITH FIRMA DESIGN SERVICES FOR THE DAMON-GARCIA SPORTS COMPLEX (SPECIFICATION NO. 99826). (MCCLUSKEY/WALTER) RECOMMENDATION: 1) Approve and execute Amendment to Agreement between the City of San Luis Obispo and FIRMA to support Phase II Design Services at a cost not to exceed $220,000. 2) Approve a budget amendment to transfer funds from the project construction account to the project design account. ACTION. Approved. (5.0) 3 Action Update Tuasday, April 2, 2002 C4. APPROVAL OF RENAMING FRENCH PARK TENNIS COURT. (LESAGE / FITZG ERALD) RECOMMENDATION: Approve the recommendation of the Parks & Recreation Commission to rename the French Park Tennis Court to the "Joanna Santarsiere Memorial Court." ACTION. Approved. (5:0) C5. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS. (SLATE/ COOPER) RECOMMENDATION- 1) Adopt a resolution adjusting annual salary of the City Administrative Officer. 2) Adopt a resolution adjusting annual salary and other benefits of the City Attorney. ACTION. 1) Resolution No. 9299(2002 Series)adopted. 2) Resolution No. 9300 (2002 Series) adopted. (5:0) C6. REQUEST FOR QUALIFICATIONS FOR CITYWIDE RIGHT-OF-WAY ACQUISITION SERVICES. (MCCLUSKEY/ VAN BEVEREN) RECOMMENDATION: 1) Approve the Requests for Qualifications for Right-of-Way Acquisition Services. 2) Authorize the City Administrative Officer to execute an agreement with the top selected consultant or consultants. 3) Authorize the City Administrative Officer to execute purchase orders up to $50,000 for individual right-of- way service contracts where funding is available in the project account for those services. ACTION. Approved. (5:0) C7. FINAL ADOPTION OF ORDINANCE NO. 1409 (2002 SERIES) AMENDING A ZONING ORDINANCE TO EXPAND THE ZONES IN WHICH WIRELESS TELECOMMUNICATIONS MAY LOCATE SUBJECT TO CERTAIN DEVELOPMENT STANDARDS: (GPA/R/ER 12-01) SPRINT PCS, APPLICANT. (MANDEVILLE / MCILVAINE) RECOMMENDATION: Adopt Ordinance No. 1409 (2002 Series). ACTION. Ordinance No. 1409 (2002 Series) adopted. (5:0) 4 r -\ r Action Update Tuesday, April 2, 2002 C8. FINAL ADOPTION OF ORDINANCE NO. 1410 AMENDING MUNICIPAL CODE SECTIONS 1.12.060, 12.20.110 AND 12.22.060 RELATING TO PARKS AND OPEN SPACE VIOLATIONS. (LESAGE / DIFFENDERFER) RECOMMENDATION: Adopt Ordinance No. 1410 (2002 Series). ACTION: Ordinance No. 1410(2002 Series) adopted. (5:0) C9. FINAL ADOPTION ORDINANCE NO. 1411 (2002 SERIES) AMENDING SECTION 4.30.020 (PARKING IN-LIEU FEES FOR THE CENTRAL COMMERCIAL ZONE CALCULATING FEES). (MCCLUSKEY/ OPALEWSKI) RECOMMENDATION: Adopt Ordinance No. 1411 (2002 Series). ACTION. Ordinance No. 1411 (2002 Series) adopted. (5:0) PUBLIC HEARING 1. INTRODUCTION OF AN ORDINANCE TO ENHANCE RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS (TA 134-01). (MANDEVILLE / COREY/ BRYN —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission and Neighborhood Services Team: 1) Approve a resolution amending the amount of the civil penalties for parking in yard violations. 2) Introduce an ordinance amending and adding sections to the Municipal Code for the purpose of improving the visual character, quality of life and safety within neighborhoods and adopting a Negative Declaration of environmental impact (ER 134-01). ACTION: 1) Resolution No. 9301 (2002 Series)adopted. (5.0) 2) Ordinance No. 1412(2002 Series)introduced as revised. (4:1 Mulholland) BUSINESS ITEMS 2. SECOND TIER IMPLEMENTATION AND INVESTIGATION OF THIRD TIER COMPONENTS OF THE DRAFT PARKING AND DOWNTOWN ACCESS PLAN PDAP . (MCCLUSKEY/ BOCHUM / OPALEWSKI —45 MINUTES) RECOMMENDATION: 1) Receive a progress report on completed Second Tier parking and downtown access activities. Review and endorse implementation of remaining Second Tier strategies and programs. 2) Review and endorse staff recommendations for implementation, or deferral, of Third Tier parking and downtown access activities. 3) 5 Action Update Tuesday, April 2, 2002 Receive status report and approve recommendations for modifications on the differential rate Proxcard and Gold Pass Programs. ACTION. 1) Report received. 2) Second Tier strategies and programs approved. 3) Third Tier activities deferred. 4) Gold Pass Program continued, as recommended. 5) Staff directed to return with an amended Parking Management Plan that includes aspects of the Parking Demand and Access Plan that have been adopted, Staff to include suggestions on programs or policies where no action has been taken. Staff to provide Council with a proposed completion date within a week (5.0) 3. ANNUAL REPORT ON THE GENERAL PLAN FOR 2001. (MANDEVILLE / MATTESON — 60 MINUTES) RECOMMENDATION: 1) As recommended by the Planning Commission: a) Accept the report as revised. b) Pursue certain aspects of General Plan implementation. 2) Give staff direction for any desired follow-up or changes from previously approved Council priorities. ACTION. Continued to April 9, 2002 at 12:00 noon. 4. ASSIGNMENT OF SOLID WASTE, RESIDENTIAL CURBSIDE RECYCLING AND GREEN WASTE COLLECTION FRANCHISES TO WASTE CONNECTIONS, INC. (MOSS/ MUNDS —30 MINUTES) RECOMMENDATION: Adopt a resolution to assign the Solid Waste, Residential Curbside Recycling and Green Waste Franchise Agreements to Waste Connections, Inc. ACTION. Resolution No. 9302(2002 Series) adopted as amended by staff. (5:0) Council recommended a proclamation commending San Luis Garbage for their years of service in the community. 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 Marx praised local artist Dale Evers and donated a copy of his book The Art and Design of Dale J. Evers to the City. 6 Action Update Tuesday, April 2, 2002 COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. Vice Mayor Marx requested permission from the full Council to support the Zone 9 Committee's recommendation to amend the Zone 9 bylaws to include appointing one member of the public at large. Council concurred. Council briefly discussed possible memorial projects to honor former Council Member Bill Roalman. Staff agreed to bring back ideas for future consideration and action by the Council. A. ADJOURNED. 7 councit agenda CITY OF SAN LUIS OBISPO CITY HALL, 9 9 0 PALM STREET Tuesday, April 2, 2002 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, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Marx, Mayor Allen K. Settle CLOSED SESSION—6:45 P.M. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code Section 54956.9 Worker's Compensation Claim re Robert Carrasco PRESENTATIONS PROCLAMATION "MONTH OF THE CHILD" PROCLAMATION "STRATEGIC INFORMATION MANAGEMENT MONTH" HOUSING TRUST FUND PRESENTED BY ANITA ROBINSON, CHAIR TO THE LEADERSHIP TEAM FOR SAN LUIS OBISPO COUNTY HOUSING TRUST FUND. ® Regular City Council meetings are broadcast live on Charter Cable Channel 20 and KCPR, 91.3 FM. The City of San Luis Obispo is committed to including 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 781-7119. Council Agenda Tuesday, April 2, 2002 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 TUESDAY MARCH 12.2002 AND TUESDAY, MARCH 19, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as submitted. C2. AUTHORIZATION TO ANNEX THE FORMER FOSTER PROPERTY AND APPROVAL OF AN AGREEMENT WITH THE STAPLETON FAMILY. (GEORGE / HAVLIK) RECOMMENDATION: 1) Approve a resolution authorizing staff to submit to the Local Agency Formation Commission the necessary documents to permit annexation of the 154-acre property, formerly known as the Foster Property, as well as the 42-acre Stapleton property. 2) Approve an Agreement with Robert and Teresa Stapleton relating to the annexation and providing for the Stapleton property to be connected to the City sewer system per said agreement, subject to non-substantive changes approved by the City Attorney. C3. AMENDMENT TO AN AGREEMENT WITH FIRMA DESIGN SERVICES FOR THE DAMON-GARCIA SPORTS COMPLEX (SPECIFICATION NO. 99826) (MCCLUSKEY/WALTER) RECOMMENDATION: 1) Approve and execute Amendment to Agreement between the City of San Luis Obispo and FIRMA to support Phase II Design Services at a cost not to exceed $220,000. 2) Approve a budget amendment to transfer funds from the project construction account to the project design account. C4. APPROVAL OF RENAMING FRENCH PARK TENNIS COURT. (LESAGE/ FITZGERALD) RECOMMENDATION: Approve the recommendation of the Parks & Recreation Commission to rename the French Park Tennis Court to the "Joanna Santarsiere Memorial Court." 3 Council Agenda Tuesday, April 2, 2002 C5. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS. (SLATE / COOPER) RECOMMENDATION: 1) Adopt a resolution adjusting annual salary of the City Administrative Officer. 2) Adopt a resolution adjusting annual salary and other benefits of the City Attorney. C6. REQUEST FOR QUALIFICATIONS FOR CITYWIDE RIGHT-OF-WAY ACQUISITION SERVICES. (MCCLUSKEY/VAN BEVEREN) RECOMMENDATION: 1) Approve the Requests for Qualifications for Right-of-Way Acquisition Services. 2) Authorize the City Administrative Officer to execute an agreement with the top selected consultant or consultants. 3) Authorize the City Administrative Officer to execute purchase orders up to $50,000 for individual right-of- way service contracts where funding is available in the project account for those services. C7. FINAL ADOPTION OF ORDINANCE NO. 1409 (2002 SERIES) AMENDING_A ZONING ORDINANCE TO EXPAND THE ZONES IN WHICH WIRELESS TELECOMMUNICATIONS MAY LOCATE SUBJECT TO CERTAIN DEVELOPMENT STANDARDS; (GPA/R/ER 12-01) SPRINTPCS. APPLICANT. (MANDEVILLE / MCILVAINE) RECOMMENDATION: Adopt Ordinance No. 1409 (2002 Series). C8. FINAL ADOPTION OF ORDINANCE NO. 1410 AMENDING MUNICIPAL CODE SECTIONS 1.12.060. 12.20.110 AND 1.2.22.060 RELATING TO PARKS AND OPEN SPACE VIOLATIONS. (LESAGE / DIFFENDERFER) RECOMMENDATION: Adopt Ordinance No. 1410 (2002 Series). C9. FINAL ADOPTION ORDINANCE NO. 1411 (2002 SERIES) AMENDING SECTION 4.30.020 (PARKING IN-LIEU FEES FOR THE CENTRAL COMMERMCIAL ZONE CALCULATING FEES). (MCCLUSKEY/ OPALEWSKI) RECOMMENDATION: Adopt Ordinance No. 1411 (2002 Series). PUBLIC HEARING 1. INTRODUCTION OF AN ORDINANCE TO ENHANCE RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS (TA 134-01). (MANDEVILLE/ COREY/ BRYN —45 MINUTES) 4 Council Agenda Tursday, April 2, 2002 RECOMMENDATION: As recommended by the Planning Commission and Neighborhood Services Team: 1) Approve a resolution amending the amount of the civil penalties for parking in yard violations. 2) Introduce an ordinance amending and adding sections to the Municipal Code for the purpose of improving the visual character, quality of life and safety within neighborhoods and adopting a Negative Declaration of environmental impact (ER 134-01). BUSINESS ITEMS 2. SECOND TIER IMPLEMENTATION AND INVESTIGATION OF THIRD TIER COMPONENTS OF THE DRAFT PARKING AND DOWNTOWN_ACCESS PLAN PDAP . (MCCLUSKEY/ BOCHUM /OPALEWSKI —45 MINUTES) RECOMMENDATION: 1) Receive a progress report on completed Second Tier parking and downtown access activities. Review and endorse implementation of remaining Second Tier strategies and programs. 2) Review and endorse staff recommendations for implementation, or deferral, of Third Tier parking and downtown access activities. 3) Receive status report and approve recommendations for modifications on the differential rate Proxcard and Gold Pass Programs. 3. ANNUAL REPORT ON THE GENERAL PLAN FOR 2001 (MANDEVILLE / MATTESON —60 MINUTES) RECOMMENDATION: 1) As recommended by the Planning Commission: a) Accept the report as revised. b) Pursue certain aspects of General Plan implementation. 2) Give staff direction for any desired follow-up or changes from previously approved Council priorities. 4. ASSIGNMENT OF SOUD WASTE, RESIDENTIAL CURBSIDE RECYCLING AND GREEN WASTE COLLECTION FRANCHISES TO WASTE CONNECTIONS, INC. (MOSS/ MUNDS —30 MINUTES) RECOMMENDATION: Adopt a resolution to assign the Solid Waste, Residential Curbside Recycling and Green Waste Franchise Agreements to Waste Connections, Inc. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit=3 minutes. 5