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Home My WebLink About10/01/2002, AGENDA council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, October 1 , 2002 ACTION UPDATE 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street The Girl Scouts lead the Pledge of Allegiance PRESENT: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Marx, Mayor Allen K. Settle PRESENTATIONS Mayor Settle presented a proclamation to Girl Scouts Kasandra Gamez and Grace Douglass recognizing the Girl Scouts National Convention in Southern California. Mayor Settle presented a proclamation to Jim Anderson of ConocoPhillips Petroleum commending the use of non-MTBE gasoline at "76"gas stations. Police Chief Gardiner introduced Police Officer Bianchi who provided an overview of the City/County Mentally III-Homeless Cooperative Effort that she and County Mental Health Officer Mike Ball are pursuing, which includes the development of diversion programs. 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. Willow "Walkin_a Turtle"Kelly, 1121 Orcutt Road#69, stated she supports the bus driver's union negotiation efforts but hopes that there won't be fare increases. She would like the transit system to be more efficient and provide greater service. Council Agenda -,'jesday, October 1, 2002 Action Update "Prayer"Joe, Global Prayer Association and National Association of Prayer, requested a city=wide prayer day proclamation. Sifu Kelvin Harrison reiterated claims of discrimination and harrassment. Andrew Carter, 1283 Woodside Drive, voiced concern about urban sprawl on the east side of Islay Hill. Mary Beth Schroeder objected to high housing rents, and urged the Council to insist that Cal Poly house their students on campus. 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, SEPTEMBER 10, 2002 AND TUESDAY, SEPTEMBER 17, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved. (5:0) C2. FINAL ADOPTION OF ORDINANCE NO._1423 (2002 SERIES) ADOPTING THE LATEST EDITIONS OF THE CONSTRUCTION AND FIRE PREVENTION CODES. (MAND EVI LLE/KNABE/BAASCH/D RAKE) RECOMMENDATION: Adopt Ordinance No. 1423 (2002 Series) 1) repealing Chapters 15.02, 15.04, and 15.08 of the San Luis Obispo Municipal Code, and 2) creating new Chapters 15.02, 15.04, and 15.08 adopting the 2001 editions of the California Building, Mechanical, Plumbing, Electrical, and Fire Codes, the 1997 editions of the Uniform Administrative, Housing, Dangerous Building, Building (Volume 3), and Fire (Volume 2) Codes, and the 1997 edition of the Uniform Code for Building Conservation, with amendments. ACTION. Ordinance.No. 1-42312002 Series)adopted. (5.0) C3. FINAL ADOPTION OF ORDINANCE NOS. 1424, 1425, AND 1426 RELATING TO CIVIL PENALTIES, ATTORNEY FEES, AND ADMINISTRATIVE PROCEDURES FOR THE COLLECTION OF CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS. (JORGENSEN/TRUJILLO) RECOMMENDATION: Adopt Ordinance No. 1424 (2002 Series) adding Section 1.12.095 to Chapter 1.12 of the Municipal Code imposing civil penalties for violations of the Municipal Code; 2) Adopt Ordinance No. 1425 (2002 Series) adding Section 1.12.130 to Chapter 1.12 of the Municipal Code authorizing the recovery of attorney 2 T - i Council Agenda i6esday, October 1, 2002 Action Update fees to the prevailing Party in a code enforcement action; and 3) Adopt Ordinance No. 1426 (2002 Series) adding Chapter 1.24 to Title One of the Municipal Code adopting administrative code enforcement procedures for the imposition and collection of civil fines for Municipal Code violations. ACTION. Ordinance Nos. 1424. 1425, and 1426(2002 Series)adopted. (5.0) C4. YOUTH BASKETBALL CO-SPONSORSHIP AGREEMENT. (LESAGE/FITZGERALD/OGDEN) RECOMMENDATION: As recommended by the Parks and Recreation Commission, approve the Youth Basketball Co-Sponsorship Agreement between the City of San Luis Obispo and the San Luis Obispo County YMCA. ACTION. Approved. (5:0) C5. FINAL MAP APPROVAL FOR TRACT 2366—A 14 LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 936 FULLER ROAD (STONE CREEK DEVELOPMENT. SUBDIVIDER). (MCCLUSKEY/KENNY/LIVICK) RECOMMENDATION: Adopt a resolution approving the final map for Tract 2366 and authorizing the Mayor to execute the subdivision agreement on behalf of the City. ACTION. Resolution No. 9369(2002 Series) adopted. (5:0) C6. APPROVE A CONTRACT TO CONDUCT THE CITY ATTORNEY RECRUITMENT AND PROVIDE ASSISTANCE TO THE CITY COUNCIL. (SLATE/KOPECKY) RECOMMENDATION: Approve and authorize the Mayor to execute a contract between the City of San Luis Obispo and Avery and Associates allowing them to conduct the City Attorney recruitment and provide assistance to the,City Council in the selection process. ACTION. Approved. (5:0) BUSINESS ITEMS 1. PROJECT DESCRIPTION AND AUTHORIZATION TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE ORCUTT AREA SPECIFIC PLAN (ER 209-98). (MAN DEVILLE/MATTESON —30 MINUTES) 3 Council Agenda o uesday, October 1, 2002 Action Update RECOMMENDATION: Endorse the proposed project description and recommended alternatives, and direct staff to proceed with the environmental review process, subject to funding by the project proponents. ACTION. Approved as amended. (4:1 Mulholland) Staff directed to look at financing alternatives for the preparation of the EIR. (4;1 Mulholland) 2. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (STATLER — 15 MINUTES) RECOMMENDATION: Approve an approach to "project-by-project" fiscal impact analysis based on its consistency with the General Plan. ACTION. Continued to October 15,2002. (5:0) 3. SAN LUIS OBISPO COUNCIL OF GOVERNMENTS'(SLOCOG) DRAFT HOUSING NEEDS PLAN..(MANDEVILLE/HOOK—.30 MINUTES) RECOMMENDATION: Adopt a resolution accepting, with reservations noted, the Regional Housing Needs Allocation (RHNA) housing allocation number for the City of San Luis Obispo and recommend that SLOCOG approve the Draft Regional Housing Needs Plan. ACTION. Reject the draft resolution accepting the Regional Housing Needs Allocation (RHNA) for the City of San Luis Obispo and direct City representative Council Member Schwartz to vote to reject the SLOCOG Draft Regional Housing Needs Plan. (5:0) 4. HOUSING ELEMENT TASK FORCE. (MANDEVILLE/HOOK - 15 MINUTES) RECOMMENDATION: Adopt a resolution establishing an ad hoc Housing Element Task Force and provide direction on appropriate stakeholder groups to include in the task force. ACTION: Council provided input and continued the matter to November 12, 2002. (5:0) 5. PUBLIC ART SELECTION FOR THE LUDWICK COMMUNITY CENTER REMODEL PROJECT. (GEORGE/DEJARNETTE/MCGUIRE - 10 MINUTES) RECOMMENDATION: As recommended by the Public Art Jury, the Parks and Recreation Commission (PRC) and the Architectural. Review Commission (ARC), approve the Public Art selection for the Ludwick Community Center remodel project and authorize the CAO to sign the agreement with the artist in the amount of $17,500.. ACTION: Approved. (5:0) 4 Council Agenda tuesday, October 1, 2002 Action Update 6. DONATION OF CHINESE THEMED PARK IMPROVEMENTS AT THE CORNER OF MARSH AND SANTA ROSA STREETS. (LESAGE - 20 MINUTES) RECOMMENDATION: 1) As recommended by the Parks and Recreation Commission, approve the conceptual design and the donation of park improvements on the City property located at 1095 Marsh Street (corner of Marsh and Santa Rosa Streets) from the Chinese Garden SLO. 2) Authorize the Mayor to sign the Donor Agreement. 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 Ewan submitted a written report on the Air Pollution Control District(on file in the Office of the City Clerk). 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 Schwartz requested that his written communication about the Fremont Monument(on file in the Office of the City Clerk) be continued to the next meeting, October 15, 2002. A. ADJOURN. 5 council. agenba CITY 017 SAN LU IS 013 ISP O CITY HALL, 990 PALM STREET Tuesday, October 1 , 2002 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE: Girl Scouts ROLL CALL: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Manx, Mayor Allen K. Settle PRESENTATIONS PROCLAMATION RECOGNIZING GIRL SCOUTS NATIONAL CONVENTION IN CALIFORNIA. (SETTLE— 5 MINUTES) PROCLAMATION COMMENDING.CON000PHILLIPS. (SETTLE/EWAN — 5 MINUTES) CITY/COUNTY MENTALLY ILL/HOMELESS COOPERATIVE EFFORT. (GARDINER/BIANCHI - 15 MINUTES) 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 regular meetings are broadcast live on KCPR, 91.3 FM and Charter Channel 20. 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. i. Council Agenda Tuesday, October 1, 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, SEPTEMBER 10,.2002 AND TUESDAY, SEPTEMBER 17, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. C2. FINAL ADOPTION OF ORDINANCE NO. 1423 (2002 SERIES) ADOPTING THE LATEST EDITIONS OF THE CONSTRUCTION AND FIRE PREVENTION CODES. (MAN DEVI LLE/KNAB E/BAASCH/D RAKE) RECOMMENDATION: Adopt Ordinance No. 1423 (2002 Series) 1) repealing Chapters 15.02, 15.04, and 15.08 of the San Luis Obispo Municipal Code, and 2) creating new Chapters 15.02, 15.04, and 15.08 adopting the 2001 editions of the California Building, Mechanical, Plumbing, Electrical, and Fire Codes, the 1997 editions of the Uniform Administrative, Housing, Dangerous Building, Building (Volume 3), and Fire (Volume 2) Codes, and the 1997 edition of the Uniform Code for Building Conservation, with amendments. C3. FINAL ADOPTION OF ORDINANCE NOS. 1424, 1425, AND 1426 RELATING_ TO CIVIL PENALTIES, ATTORNEY FEES, AND ADMINISTRATIVE PROCEDURES FOR THE COLLECTION OF CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS. (JORGENSEN/TRUJILLO) RECOMMENDATION: Adopt Ordinance No. 1424 (2002 Series) adding Section 1.12.095 to Chapter 1.12 of the Municipal Code imposing civil penalties for violations of the Municipal Code; 2) Adopt Ordinance No. 1425 (2002 Series) adding Section 1.12.130 to Chapter 1.12 of the Municipal Code authorizing the recovery of attorney fees to the prevailing Party in a code enforcement action; and 3) Adopt Ordinance No. 1426 (2002 Series) adding Chapter 1.24 to Title One of the Municipal Code adopting administrative code enforcement procedures for the imposition and collection of civil fines for Municipal Code violations. C4. YOUTH.BASKETBALL CO-SPONSORSHIP AGREEMENT. (LESAG E/FITZG ERALD/OG DEN) RECOMMENDATION: As recommended by the Parks and Recreation Commission, approve the Youth Basketball Co-Sponsorship Agreement between the City of San Luis Obispo and the San Luis Obispo County YMCA. 3 Council Agenda Tuesday, October 1, 2002 C5. FINAL MAP APPROVAL FOR TRACT 2366—A 14 LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 936 FULLER ROAD (STONE CREEK DEVELOPMENT, SUBDIVIDER). (MCCLUSKEY/KENNY/LIVICK) RECOMMENDATION: Adopt a resolution approving the final map for Tract 2366 and authorizing the Mayor to execute the subdivision agreement on behalf of the City. C6. APPROVE.A.CONTRACT TO CONDUCT THE CITY ATTORNEY RECRUITMENT AND PROVIDE_ ASSISTANCE_ TO THE CITY COUNCIL. (SLATE/KOPECKY) RECOMMENDATION: Approve and authorize the Mayor to execute a contract between the City of San Luis Obispo and Avery and Associates allowing them to conduct the City Attorney recruitment and provide assistance to the City Council in the selection process. BUSINESS ITEMS 1. PROJECT DESCRIPTION AND AUTHORIZATION TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE ORCUTT AREA SPECIFIC PLAN (ER_209-98). (MANDEVILLE/MATTESON— 30 MINUTES) RECOMMENDATION: Endorse the proposed project description and recommended alternatives, and direct staff to proceed with the environmental review process, subject to funding by the project proponents. 2. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (STATLER — 15 MINUTES) RECOMMENDATION: Approve an approach to "project-by-project" fiscal impact analysis based on its consistency with the General Plan. 3. SAN LUIS OBISPO COUNCIL OF GOVERNMENTS' (SLOCOG) DRAFT HOUSING NEEDS PLAN. (MANDEVILLE/HOOK—30 MINUTES) RECOMMENDATION: Adopt a resolution accepting, with reservations noted, the Regional Housing Needs Allocation (RHNA) housing allocation number for the City of San Luis Obispo and recommend that SLOCOG approve the Draft Regional Housing Needs Plan. 4. HOUSING ELEMENT TASK FORCE. (MANDEVILLE/HOOK - 15 MINUTES) RECOMMENDATION: Adopt a resolution establishing an ad hoc Housing Element Task Force and provide direction on appropriate stakeholder groups to include in the task force. 4 Council Agenda Tuesday, October 1, 2002 5. PUBLIC ART SELECTION FOR THE LUDWICK COMMUNITY CENTER REMODEL PROJECT. (GEORGE/DEJARNETTE/MCGUIRE - 10 MINUTES) RECOMMENDATION: As recommended by the Public Art Jury, the Parks and Recreation Commission (PRC) and the Architectural Review Commission (ARC), approve the Public Art selection for the Ludwick Community Center remodel project. 6. DONATION OF CHINESE-THEMED PARK IMPROVEMENTS AT THE CORNER OF MARSH.AND SANTA ROSA STREETS. (LESAGE - 20 MINUTES) RECOMMENDATION: 1) As recommended by the Parks and Recreation Commission, approve the conceptual design and the donation of park improvements on the City property located at 1095 Marsh Street (corner of Marsh and Santa Rosa Streets) from the Chinese Garden SLO. 2) Authorize the Mayor to sign the Donor Agreement. 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