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Home My WebLink About10/21/2003, AGENDA council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, October 21 , 2003 Action Update CLOSED SESSION Council Hearing Room 990 Palm.Street PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 Public Employee: City Attorney CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code§54957.6 Agency Negotiator: Karen Jenny, Monica Moloney, Bill Avery Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) -and- Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization San Luis Obispo Police Staff Officer's Association (SLOPSOA) City Attorney Lowell reported that the Closed Sessions were held and there are no reportable actions. 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Council Agenda Tuesday, October 21, 2003 Action Update Present: Council Members John Ewan, Ken Schwartz, Allen K.Settle, Vice Mayor Christine Mulholland, Mayor Dave Romero PRESENTATIONS Mayor Romero presented a proclamation to Michael McLaughlin for San Luis Obispo's 2003-04 Poet Laureate of the Year. Mayor Romero presented a proclamation to Cal Poly student Harmony Newman recognizing "Make a Difference Day"October 25, 2003, a national day of service and kick-off for "Good Neighbor Week." Dr. Steven Ladd, Superintendent San Luis Obispo Coastal Unified School District, gave a status report regarding the District's due diligence on a parcel tax tentatively proposed for the March 2004 election. 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. Don Maruska announced the publication of his new book How Great.Decisions Get Made,, and presented a complimentary copy of the book to each Council Member. Situ Kelvin Harrison reiterated claims of harassment and discrimination. APPOINTMENT Al. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION. (PRICE 5 MINUTES) RECOMMENDATION: Appoint Jill M. Lemieux to fill an unexpired term beginning November 5, 2003 and expiring on March 31, 2006. ACTION: Approved as amended. (5:0). 2 Council Agenda Tuesday;October 21, 2003 Action Update CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. APPROVE MINUTES OF TUESDAY, SEPTEMBER 23. 2003 SPECIAL MEETING :AND TUESDAYOCTOBER 7. 2003 REGULAR MEETING. (PRICE) RECOMMENDATION: Waive oral reading and approve as amended. ACTION. Approved. (5:0). C2. 2003-05 CAPITAL IMPROVEMENT PLAN PUBLIC ART PROJECTS. (GEORGE/KISER) RECOMMENDATION: 1) As part of the Capital Improvement Plan, approve public art funding for the following projects: $40,000 to enhance the fountain at Marsh and Higuera Streets; $23,100 for the new Therapy Pool or its environs; $20,000 for the Damon-Garcia Sports Fields; and, $18,900 for artwork outside the Police Department. 2) Direct staff to include public art enhancements to the Foothill Bridge in the 2005- 2007 Financial Plan. ACTION.Approved. (5.0). C3. FINAL ADOPTION OF ORDINANCE REZONING PROPERTY AT 1636 WOODLAND DRIVE FROM R-1 TO R-1-S AND CLOS-40 (R1.1-01J. (MANDEVILLE/WHISENAND) RECOMMENDATION: Grant final adoption to Ordinance No. 1441. ACTION: Ordinance.No. 1441 (2003 Series)adopted. (3:1:1, Mulholland opposed, Romero recused due to a conflict of interest). C4. RADIO SYSTEM UPGRADE DESIGN SERVICES. (STATLER/SCHMIDT) RECOMMENDATION: Approve the request for proposals for design services to upgrade the City's radio system and authorize the CAO to award the contract if it is within the project budget of $85,000. ACTION: Approved. (5:0). C5. ' RENEWAL OF AGREEMENTS FOR FINANCIAL ADVISOR AND BOND COUNSEL SERVICES. (STATLER) 3 Council Agenda Tuesday; October 21, 2003 Action Update RECOMMENDATION: Amend the agreements with Fieldman Rolapp & Associates for financial advisory services and with Jones Hall for bond counsel services to extend the term for an additional two years. ACTION: Approved. (5:0). C6. WATER REUSE-PROJECT EASEMENT_PURCHASE. (MOSS) RECOMMENDATION: 1) Approve easement purchase agreement to allow for the construction of the Water Reuse distribution pipeline project with Douglas G. and Eileen M. Damon, and Roy A. and Dolly H. Garcia, for permanent waterline and temporary construction easements as described in Exhibit B1, B2, and B3 of Attachment 2, at a cost of $45,000. 2) Authorize staff to execute any necessary supplemental escrow paperwork in order to complete this easement purchase. ACTION: Approved. (5:0). C7. AUTHORIZATION OF AMENDED APPLICATION FOR GRANT FUNDS FROM. STATE FARMLAND CONSERVANCY PROGRAM. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing submittal of an amended grant application to the State Farmland Conservancy Program in the amount of $160,000 in support of the acquisition of an agricultural conservation easement on an 80 acre portion of the 391 acre Brughelli Ranch on Buckley Road south of the Airport Area. ACTION: Resolution No. 9491 (2003 Series) adopted. (5:0). C8. COURT STREET ABANDONMENT—MODIFICATION OF CONDITIONS AND TIME EXTENSION TO COMPLETE CONDITIONS. RECOMMENDATION: Adopt a resolution approving a sixty (60) day time extension to complete conditions of the Court Street abandonment per Resolution No. 9361 (2002 Series) and modifying the conditions to comport with the project as approved. ACTION: Resolution No. 9492(2003 Series) adopted. (4:1, Mulholland). C9. MORRO STREET ABANDONMENT-TIME EXTENSION TO COMPLETE CONDITION OF ABANDONMENT RESOLUTION RECOMMENDATION: Adopt a resolution approving a sixty (60) day time extension to complete condition at Section 2, Item 2 of the Morro Street abandonment per Resolution No. 9362 (2002 Series). ACTION: Resolution No. 9493 (2003 Series) adopted. (4:1. Mulholland). 4 Council Agenda Tuesday, October 21, 2003 Action Update PUBLIC HEARINGS 1. WATERWAY MANAGEMENT PLAN PHASE.11 SAN LUIS OBISPO CREEK WATERSHED. (MCCLUSKEY/WALTER- 60 MINUTES) RECOMMENDATION: 1) Certify Environmental Impact Report (EIR) and approve a Statement of Overriding Considerations for Category 3 projects for San Luis Obispo Creek Phase II Waterway Management Plan. 2) Approve a resolution adopting the Waterway Management Program, which includes the Waterway Management.Plan, Drainage Design Manual, and Stream Maintenance Management Plan. 3) Authorize the Mayor to sign a letter to the Board of Supervisors encouraging them to certify the EIR and adopt the Waterway Management Program. ACTION. 1)Approved. 2) Resolution No. 9494 (2003 Series)adopted as revised. 3)Approved. (4:1, Mulholland). 2. FORMATION OF UNDERGROUND DISTRICT 15: BROAD STREET- SOUTHERLY CITY LIMIT TO 46 METERS (-150 FT.) NORTH OF ORCUTT ROAD. (MCCLUSKEY/LIVICK- 15 MINUTES) RECOMMENDATION: 1) Adopt a resolution approving the proposed revised list of underground districts. 2) Introduce an ordinance to amend Section 13.12.040 of the municipal code to establish Underground District 15. 3) Direct staff to proceed with District 15 upon final adoption of the amended municipal code. ACTION. 1) Resolution No. 9495(2003 Series) adopted. 2) Ordinance No. 1442 . (2003 Series)introduced. 3)Approved. 4) Staff directed to bring back cost information regarding the under-grounding of Districts #16 and#17. (5:0). 3. 2003-04 PROGRAM OF PROJECTS FOR THE 2003-04 FEDERAL TRANSIT ADMINISTRATION GRANT. (MCCLUSKEY/O'DELL- 15 MINUTES) RECOMMENDATION: 1) Conduct a public hearing to review the transit 2003-04 Program of Projects. 2) Adopt a.resolution.authorizing the Public Works Director to file a grant application and execute the grant agreement from the Federal Transit Administration in the amount of $890,765. 3) Amend the Transit Fund budget.for 2003-04 to conform with the Short Range Transit Plan adopted by the Council on August 28,2003, which is the basis for the grant application. ACTION. 1)Approved. 2) Resolution No. 9496(2003 Series) adopted.. 3) Approved. (5:0). BUSINESS ITEM 5 i Council Agenda Tuesday,"October 21, 2003 Action Update 4. RESOLUTION AUTHORIZING TEMPORARY CLOSING OF.CERTAIN. STREETS_ FOR DOWNTOWN ASSOCIATION ANNUAL HOLIDAY PARADE. (LOWELL= 15 MINUTES) RECOMMENDATION: Adopt a resolution authorizing the temporary closing of certain streets for the Downtown Association's annual Holiday Parade. ACTION. Resolution No._9497(2003 Series) adopted. (5;0). Staff directed to explore alternatives for parking and to provide additional port-a-potties in the staging area. (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 reported on the SLO County Council of Governments meeting of October and the Downtown Association Board of Directors meeting of October 14". Vice Mayor Mulholland reported on the Student Community Liaison Committee meeting on September 25th, the CA Mens'Colony Citizens Advisory Committee meeting on September 26th, and the Jack House Committee meeting on October Council Member Ewan reported on the Economic Opporturnity Commission meeting on September 25th. Mayor Romero reported on the October SCLC meeting. 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). Mayor Romero brought forth a communication item for discussion regarding the clarification of Council action (8(28/03)regarding connection of Los Osos Valley Road to Buckley Road. (This matter was continued from 1017103). Council clarified that their previous action did not include giving direction to staff to consider an alternative route through Vachell Lane. 6 Council Agenda Tuesday, October 21, 2003 . Action Update Vice Mayor Mulholland reported on a pending bill(AB 1426) regarding affordable housing and suggested that the Council go on record in opposition, The City Attorney has already prepared a letter for signature by the Mayor. Vice Mayor Mulholland proposed that Council consider offering citizens who are apprehensive about speaking in public the alternative of submitting their views for the record in one or two sentences on a speaker slip, in lieu of speaking at the podium during "public comment"periods. The Council agreed that members of the public may choose to communicate with the Council in variety of ways, including written correspondence, email, telephone calls and by giving personal testimony. A. ADJOURN. 7 councjt aQenaa C ITY O F SAN L U IS O B IS P O CITY HALL, 990 PALM STREET Tuesday, October 21, 2003 ADDENDUM CONSENT ITEMS ADDED: 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street C$, COURT STREET ABANDONMENT— MODIFICATION OF CONDITIONS AND TIME EXTENSION TO COMPLETE CONDITIONS_ (GEORGE/LOWELUSTANWYCK) RECOMMENDATION: Adopt a resolution approving a sixty (60) day time extension to complete conditions of the Court Street abandonment per Resolution No. 9361 (2002 Series) and modifying the conditions to comport with the project as approved. C9, MORRO STREET ABANDONMENT — TIME EXTENSION TO COMPLETE CONDITION OF ABANDONMENT RESOLUTION. (GEORGE/LOWELUSTANWYCK) RECOMMENDATION: Adopt a resolution approving a sixty (60) day time extension to complete condition at Section 2, Item 2 of the Morro Street abandonment per Resolution No. 9362 (2002 Series).. ,l council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, October 21 , 2003 CLOSED SESSION Council Hearing Room 990 Palm Street 6:00 P.M. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 Public Employee: City Attorney 6:30 P.M. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney, Bill Avery Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) -and- Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization San Luis Obispo Police Staff Officer's Association (SLOPSOA) inCity Council regular meetings are televised live on 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 21, 2003 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Dave Romero PLEDGE OF ALLEGIANCE ROLL CALL_: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland, Mayor Dave Romero PRESENTATIONS PROCLAMATION RECOGNIZING MICHAEL_MCLAUGHLIN_AS-SAN LUIS OBISPO'S 2003-04 POET LAUREATE OF THE YEAR. (ROM. ERO—5 MINUTES) STATUS REPORT BY DR. STEVEN LADD, SUPERINTENDENT SAN LUIS OBISPO COASTAL-UNIFIED SCHOOL DISTRICT, REGARDING THE DISTRICT'S DUE. DILIGENCE ON A PARCEL TAX. (10 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. APPOINTMENT Al. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION. (PRICE- 5 MINUTES) RECOMMENDATION: Appoint Jill M. Lemieux to fill an unexpired term beginning November 5, 2003 and expiring on March 31, 2006. 3 Council Agenda Tuesday, October 21, 2003 CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The.public may comment on any item on the Consent Calendar. C1. APPROVE MINUTES OF TUESDAY, SEPTEMBER 23,.2003 SPECIAL MEETING AND TUESDAY, OCTOBER 7..2003 REGULAR MEETING. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. C2. 2003-05 CAPITAL IMPROVEMENT PLAN PUBLIC ART PROJECTS. (GEORGE/KISER) RECOMMENDATION: 1) As part of'the Capital Improvement Plan, approve public art funding for the following projects: $40,000 to enhance the fountain at Marsh and Higuera Streets; $23,100 for the new Therapy Pool or its environs; $20,000 for the Damon-Garcia Sports Fields; and, $18,900 for artwork outside the Police Department. 2) Direct staff to include public art enhancements to the Foothill Bridge in the 2005- 2007 Financial Plan. C3. FINAL ADOPTION.OF ORDINANCE REZONING PROPERTY AT 1636 WOODLAND DRIVE FROM R-1 TO R-1-S AND C/OS-40_(RI 1-011. (MANDEVILLE/WHISENAND) RECOMMENDATION.: Grant final adoption to Ordinance No. 1441. C4. RADIO SYSTEM-UPGRADE DESIGN SERVICES. (STATLER/SCHMIDT) RECOMMENDATION: Approve the request for proposals for design services to upgrade the City's radio system and authorize the CAO to award the contract if it is within the project budget of $85,000. C5: RENEWAL OF AGREEMENTS FOR FINANCIAL ADVISOR AND BOND COUNSEL SERVICES. (STATLER) RECOMMENDATION: Amend the agreements with Fieldman Rolapp & Associates for financial advisory services and with Jones Hall for bond counsel services to extend the term for an additional two years. 4 I Council Agenda Tuesday, October 21, 2003 C6. WATER.REUSE PROJECT EASEMENT PURCHASE. (MOSS) RECOMMENDATION: 1) Approve easement purchase agreement to allow for the construction of the Water Reuse distribution pipeline project with Douglas G. and Eileen M. Damon, and Roy A. and Dolly H. Garcia, for permanent waterline and temporary construction easements as described in Exhibit B1, B2, and B3 of Attachment 2,at a cost of $45,000. 2) Authorize staff to execute any necessary supplemental escrow paperwork in order to complete this easement purchase. C7. AUTHORIZATION OF AMENDED APPLICATION FOR GRANT FUNDS FROM STATE FARMLAND CONSERVANCY PROGRAM. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing submittal of an amended grant application to the State Farmland Conservancy Program in the amount of $160,000 in support of the acquisition of an agricultural conservation easement on an 80 acre portion of the 391 acre Brughelli Ranch on Buckley Road south of the Airport Area. PUBLIC HEARINGS 1. WATERWAY MANAGEMENT PLAN - PHASE 11 SAN LUIS OBISPO CREEK WATERSHED. (MCCLUSKEY/WALTER- 60 MINUTES) RECOMMENDATION: 1) Certify Environmental Impact Report (EIR) and approve a Statement of Overriding Considerations for Category 3 projects for San Luis Obispo Creek Phase II Waterway Management Plan. 2) Approve a resolution adopting the Waterway Management Program, which includes the Waterway Management Plan, Drainage Design Manual, and Stream Maintenance Management Plan. 3) Authorize the Mayor to sign a letter-to the Board of Supervisors encouraging them to certify the EIR and adopt the Waterway Management Program. 2. FORMATION OF UNDERGROUND DISTRICT 15: BROAD STREET- SOUTHERLY CITY LIMIT TO 46 METERS (-150 FT.) NORTH OF ORCUTT ROAD. (MCCLUSKEY/LIVICK- 15 MINUTES) RECOMMENDATION: 1) Adopt a resolution approving the proposed revised list of underground districts. 2) Introduce an ordinance to amend Section 13.12.040 of the municipal code to establish Underground District 15. 3) Direct staff to proceed with District 15 upon final adoption of the amended municipal code. 5 Council Agenda Tuesday, October 21, 2003 3. 2003-04 PROGRAM OF PROJECTS FOR THE 2003-04 FEDERAL TRANSIT ADMINISTRATION GRANT. (MCCLUSKEY/O'DELL— 15 MINUTES) RECOMMENDATION: 1) Conduct a public hearing to review the transit 2003-04 Program of Projects. 2) Adopt a resolution authorizing the Public Works Director to file a grant application and execute the grant agreement from the Federal Transit Administration in the amount of $890,765. 3) Amend the Transit Fund budget for 2003-04 to conform with the Short Range Transit Plan adopted by the Council on August 28, 2003, which is the basis for the grant application. BUSINESS ITEM 4. RESOLUTION AUTHORIZING TEMPORARY CLOSING OF CERTAIN STREETS FOR DOWNTOWN ASSOCIATION ANNUAL HOLIDAY PARADE. (LOWELL— 15 MINUTES) RECOMMENDATION: Adopt a resolution authorizing the temporary closing of certain streets for the Downtown Association's annual Holiday Parade. 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). CLARIFICATION OF COUNCIL ACTION (8/28/03) REGARDING CONNECTION OF LOS OSOS VALLEY ROAD TO BUCKLEY ROAD. (CONTINUED FROM 1017/03) (ROMERO) A. ADJOURN. 6