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HomeMy WebLinkAbout12/02/2003, AGENDA REVISED counat agenda CITY OF SAN LU IS OBIS PO CITY HALL, 990 PALM STREET Tuesday, December 2, 2003 Action Update 5:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street •Note early start time Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland, Mayor Dave Romero INTRODUCTION Community Development Director Mandeville introduced the following newly promoted and hired staff in the Community Development Department. Jaime Britz, Planning Technician; Kenneth "Buzz"Kalkowski, Associate Planner; Michael Codron, Associate Planner(Long-Range Planning)and Tyler Corey, Associate Planner. PRESENTATION Mayor Romero recognized the Manolito and Celestin Morales Family as "Family of the Year". Mayor Romero recognized Council Member Mulholland for serving as Vice Mayor from December 2002 to December 2003. APPOINTMENTS Al. VICE MAYOR APPOINTMENT FOR 2004. (PRICE) RECOMMENDATION: Appoint Council Member Ken Schwartz as Vice Mayor to serve a one-year term commencing upon appointment. ACTION. Approved. (5:0) Council Agenda Tuesday; t)ecember 2, 2003 Action Update A2. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2004. (PRICE) RECOMMENDATION: Approve Council Liaison Subcommittee assignments for calendar year as listed in Attachment 1. ACTION. Approved. (5:0). A3. APPOINTMENT OF NEW MEMBER TO BOARD OF DIRECTORS. (CASH) RECOMMENDATION: Approve appointment of Ellen Henry to Downtown Association Board of Directors to complete unexpired term of resigning Board member Mark Jorgeson. ACTION. Approved. (5:0). 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, NOVEMBER 18, 2003 REGULAR MEETING AND THURSDAY, NOVEMBER 20, 2003 SPECIAL MEETING. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved. (5:0). C2. PUBLIC SAFETY DISPATCH CENTER UPGRADE DESIGN SERVICES. (STATLER/SCHMIDT) RECOMMENDATION: Approve the request for proposals for design services to upgrade the City's public safety dispatch center and authorize the City Administrative Officer to award the contract if it is within the project budget for phase I services of $120,000, and to subsequently amend the contract for phase II services if it is within the budget of$75,000. ACTION. Approved. (5:0). C3. AMENDMENTS TO THE 1999. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO REALLOCATE EVC LOAN FUNDS FOR A NEW ECONOMIC DEVELOPMENT/JOB RETENTION ACTIVITY. (MANDEVILLE/HOOK) ( 1 Council Agenda Tuesday, December 2, 2003 Action Update RECOMMENDATION: As recommended by the Human Relations Commission, adopt a resolution recommending the San Luis Obispo County Board of Supervisors amend the 1999 Urban County Consolidated Plan by reallocating $40,600 of CDBG funds for the EVC Revolving Loan fund to a new activity, Economic Development/Job Retention for Cole Motors. ACTION: Resolution No. 9509(2003 Series)adopted. (5:0). C4. STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR CONSTRUCTION. (MCCLUSKEY/LYNCH) RECOMMENDATION:. Adopt a resolution approving the revised City Standard Specifications and Engineering Standards for Construction Projects and rescind the previous resolution. ACTION: Resolution No. 9510(2003 Series)adopted. (5:0). C5. RESOLUTION AMENDING THE GOVERNMENT ACCESS CHANNEL. PROGRAM POLICY STATEMENT AND OPERATING GUIDELINES FOR THE GOVERNMENT ACCESS CHANNEL. (PRICE) RECOMMENDATION: Adopt a resolution amending the Government Access Channel Program Policy Statement and Operating Guidelines for the Government Access Channel (Channel 20), including a sponsor underwriting program. ACTION. Resolution No. 9511 (2003 Series) adopted, as amended. (5:0). C6. AMENDMENT TO EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION.ADMINISTRATOR. (WEAVER/MOLONEY/CASH) RECOMMENDATION: 1) As recommended by the Downtown Association Board of Directors, amend the current employment contract with Deborah Cash, Downtown Association Administrator to clarify language regarding medical insurance benefits; and 2) Authorize the Mayor to execute the agreement. ACTION. Approved, as revised. (5.0). C7. PLANS AND SPECIFICATIONS FOR THE BILL.ROALMAN BICYCLE BOULEVARD— PHASE 1. (MCCLUSKEY/BOCHUM) RECOMMENDATION: 1) Approve plans and specifications for construction of the Bill Roalman Bicycle Boulevard Project, Phase 1, Specification No. 90195. 2) Authorize staff to advertise for bids and the City Administrative Officer to award the contract to the lowest responsible bidder under $400,000. 3) Transfer $47,500.00 from the Traffic Signal Interconnect Conduit Account to the project budget. 3 Council Agenda Tuesday, December 2, 2003 Action Update ACTION. Approved. (5:0). C8. WATER REUSE PROJECT—COWAN EASEMENT PURCHASE. (MOSS/DISIMONE) RECOMMENDATION: 1) Approve easement purchase agreement with Mr. Craig Cowan to allow for the construction of the Water Reuse distribution pipeline project, for permanent waterline easement, as described in Exhibit B of Attachment 3, at a cost of $51,500. 2) Authorize staff to execute the necessary supplement escrow paperwork to complete the easement purchase. ACTION: Approved. (5:0). C9. WATER REUSE PROJECT- DEBLAUW EASEMENT PURCHASE. (MOSS/DISIMONE) RECOMMENDATION: 1) Approve easement purchase agreement with Mr. Richard DeBlauw to allow for the construction of the Water Reuse distribution pipeline project, for permanent waterline easement (as described in Exhibit B of Attachment 3) and temporary construction easement at a cost of $10,000. 2) Authorize staff to execute the necessary supplemental escrow paperwork to complete the easement purchase. ACTION: Approved. (5:0). C10. WATER REUSE PROJECT-AMENDMENT TO AGREEMENT FOR COON CREEK MITIGATION. (MOSS/DISIMONE) RECOMMENDATION: 1) Approve Amendment to Agreement with TRC in the amount of$6,600 for guard rail design as related to Coon Creek steelhead passage restoration as mitigation for the Water Reuse Project. 2) Approve an additional $3,400 contingency, to be administered by the Project Manager, for possible project design changes. ACTION: Approved. (5:0). C11. BUDGET.AMENDMENT_ FOR THE DAMON-GARCIA SPORTS COMPLEX, SPECIFICATION NO. 999:96. (MCCLUSKEYNAN BEVEREN) RECOMMENDATION: 1) Appropriate $50,000 from the Parkland Development Fund to fund contingencies for the Damon Garcia Sports Fields Construction Project. 2) Approve and execute Amendment No. 4 to the Agreement to Furnish Design Services for the Damon-Garcia Sports Complex under Specification No. 99826 in the amount of $33,947.39. ACTION. Approved. (5:0). 4 Council Agenda _ Tuesday December 2, 2003 Action Update PUBLIC HEARINGS 1. DOWNTOWN ASSOCIATION THURSDAY NIGHT ACTIVITIES FEES INCREASE. (CASH — 10 MINUTES) RECOMMENDATION: As recommended by the Board of Directors of the Downtown Association, adopt a resolution modifying the fee schedule for Thursday Night Promotions. ACTION: Resolution No. 9512(2003 Series) adopted. (5.0). 2. PATRICIA DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM) ACTION PLAN. (MCCLUSKEY/P. MANDEVILLE 20 MINUTES) RECOMMENDATION: Adopt a resolution approving the Patricia Drive NTM Action Plan that calls for the installation of a centerline stripe on Patricia Drive between Foothill Boulevard and Highland Drive and an all-way stop with curb extensions at Patricia.Drive and Craig Way. ACTION: Resolution No. 9513 (2003-Series) adopted. (5:0). CLOSED SESSION Council Hearing Room 990 Palm Street 6:30 P.M. 1. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 633 Palm Street Negotiating Parties: City of San Luis Obispo By: Michael McCluskey, Jonathan Lowell Property Owner: Brad Bilsten Trust By: Steven Ferrario, The Real Estate Group Negotiations: Discuss possible property purchase The City Attorneyreported that the Council voted 4:1 (Mulholland opposed) to obtain an appraisal on the property.. 5 Council Agenda Tuesday, December 2, 2003 Action Update 2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 3265 Rockview Place Landowner: City of San Luis Obispo Negotiating Parties: Neil Havlik, Wendy George Negotiations: Provide instruction to negotiators concerning potential sale of the property. The City Attorney reported that the Council unanimously agreed to initiate steps to effectuate the sale of the property. 7:00 P.M. 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. Joshua Michael Stein voiced concern about fossil fuels and the impact on people. Sifu Kelvin Harrison reiterated claims of discrimination and harrasment, Michael Sullivan submitted a letter criticizing the City Clerk for refusing to accept his written testimony regarding the Costco project on November 4, 2003 and asking the City Attorney to look into the matter(letter on file in the ice of the City Clerk). The City Clerk clarified that Mr. Sullivan's communication had, in fact, been received and entered into the official record of the public hearing. Mary Beth Schroeder voiced concerns about impacts to traffic, parking and housing by Cal Poly students. She also urged the Council to "tighten its belt"and stop dismantling R-1 zones. PRESENTATION Finance Director Stater provided an overview of the impact of the Governor's Vehicle License Fee(VLF) rate rollback on the City. 6 Council Agenda Tuesday;December 2, 2003 Action Update PUBLIC HEARINGS, CONTINUED 3. A 4-LOT MINOR SUBDIVISION, A TEXT AMENDMENT TO THE SUBDIVISION REGULATIONS, A MITIGATED NEGATIVE DECLARATION, AND EXCEPTIONS REQUESTED AS AFFORDABLE HOUSING INCENTIVES FOR A PROPOSED. I6-UNIT APARTMENT PROJECT,225 N. CHORRO (MS/TR/ER 76-0-3). (MANDEVILLE/CODRON —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1) Introduce an ordinance approving an amendment to the Subdivision Regulations to allow lots in Common Interest Developments to have any size or shape, except in the R-1 zone. 2) Adopt a resolution approving a 4-lot minor subdivision, a mitigated negative declaration and affordable housing incentives for a proposed 16-unit apartment project. ACTION: 1) Ordinance No. 1443(2003 Series) introduced. 2) Resolution No. 9514 (2003 Series) adopted. (5:0). 4. GENERAL PLAN AMENDMENT, REZONING AND ADJUSTMENT OF THE DEVELOPMENT LIMIT LINE TO ACCOMMODATE A 22 LOT RESIDENTIAL SUBDIVISION AT 215 BRIDGE STREET(GP/R/TR/ER 64-03). (MAN DEVI LLE/DU NSMO RE — 90 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1) Approve a resolution amending the General Plan Land Use Element map to change the land use designation for a portion of the site from Manufacturing and Conservation/Open Space to Medium Density Residential and Conservation/Open Space and adjust the hillside development limit line from the 175-foot contour to the 185-foot contour and approving a Mitigated Negative Declaration (ER 64-03). 2) Introduce an ordinance changing the zoning on a portion of the subject property below the 185-foot contour from Conservation/Open Space-5 (C/OS —5) to Medium Density Residential with a Planned Development Overlay (R-2-PD). 3) Adopt a resolution approving a 22 lot residential planned development with an affordable housing component and sustainable building features. ACTION: 1) Project denied without prejudice (5:0). 2) Designated the zoning as Manufacturing to the development limit line of 175 feet and Conservation/Open Space from the development limit line up. (4:1, Mulholland) (Note: The second action will require the introduction of an ordinance on January 6, 2004). 7 Council Agenda Tuesday,-December 2, 2003 Action Update 5. GENERAL PLAN AMENDMENT AND REZONING FROM NEIGHBORHOOD COMMERCIAL TO HIGH DENSITY RESIDENTIAL AT 286 CALIFORNIA BOULEVARD (GP/R/ER 94-03). (MAN DEVILLE/DU NSMORE 30 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1) Approve a resolution amending the General Plan Land Use Element map to change the land use designation for the site from Neighborhood Commercial to High Density Residential and approving a Negative Declaration (ER 94-03). 2) Introduce an ordinance changing the zoning on the subject property from Neighborhood Commercial (C-N) to High Density Residential (R-4). ACTION: 1) Resolution No. 9515(2003 Series) adopted. 2) Ordinance.No. 1444 (2003 Series) introduced. (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 Mulholland reported on the November 200 Student Community Liaison Committee(SCLC)meeting and the last meeting of the California Mens' Colony Advisory Committee. 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). City Clerk Price proposed the cancelation of the December 16"' Council meeting. Council unanimously agreed. A. ADJOURN. 8 council agcnaa CITY OF SAN LU IS OB ISP O CITY HALL, 990 PALM STREET Tuesday, December 2, 2003 5:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Note early start time 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 PRESENTATION PROCLAMATION RECOGNIZING THE FAMILY OF THE YEAR. (ROMERO —5 MINUTES) INTRODUCTION INTRODUCTION OF NEWLY PROMOTED AND HIRED STAFF IN THE COMMUNITY DEVELOPMENT DEPARTMENT. (MANDEVILLE — 5 MINUTES) ® City 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. Council Agenda \ Tuesday, jecember 2, 2003 APPOINTMENTS Al. VICE MAYOR.APPOINTMENT FOR 2004. (PRICE) RECOMMENDATION: Appoint Council Member Ken Schwartz as Vice Mayor to serve a one-year term commencing upon appointment. A2. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2004. (PRICE) RECOMMENDATION: Approve Council Liaison Subcommittee assignments for calendar year as listed in Attachment 1 of the agenda report. A3. APPOINTMENT OF NEW MEMBER TO BOARD OF DIRECTORS. (CASH) RECOMMENDATION: Approve appointment of Ellen Henry to Downtown Association Board of Directors to complete unexpired term of resigning Board member Mark Jorgeson. 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. Cl. APPROVE MINUTES OF TUESDAY, NOVEMBER 18, 2003 REGULAR MEETING AND THURSDAY, NOVEMBER 20. 2003 SPECIAL.MEETING. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. C2. PUBLIC SAFETY DISPATCH CENTER UPGRADE DESIGN SERVICES. (STATLER/SCHMIDT) RECOMMENDATION: Approve the request for proposals for design services to upgrade the City's public safety dispatch center and authorize the City Administrative Officer to award the contract if it is within the project budget for phase I services of $120,000, and to subsequently amend the contract for phase II services if it is within the budget of $75,000. 3 Council Agenda Tuesday, Oecember 2, 2003 C3. AMENDMENTS TO THE 1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO REALLOCATE EVC LOAN FUNDS FOR ANEW ECONOMIC DEVELOPMENT/JOB RETENTION ACTIVITY. (MANDEVILLE/HOOK) RECOMMENDATION- As recommended by the Human Relations Commission, adopt a resolution recommending the San Luis Obispo County Board of Supervisors amend the 1999 Urban County Consolidated Plan by reallocating $40,600 of CDBG funds for the EVC Revolving Loan fund to a new activity, Economic Development/Job Retention for Cole Motors. C4. STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR CONSTRUCTION. (MCCLUSKEY/LYNCH) RECOMMENDATION: Adopt a resolution approving the revised City Standard Specifications and Engineering Standards for Construction Projects and rescind the previous resolution. C5. RESOLUTION AMENDING THE GOVERNMENT ACCESS CHANNEL PROGRAM POLICY STATEMENT AND OPERATING GUIDELINES FOR THE GOVERNMENT ACCESS CHANNEL. (PRICE) RECOMMENDATION: Adopt a resolution amending the Government Access Channel Program Policy Statement and Operating Guidelines for the Government Access Channel (Channel 20), including a sponsor underwriting program. C6. AMENDMENT TO EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION ADMINISTRATOR. (WEAVER/MOLONEY/CASH) RECOMMENDATION: 1) As recommended by the Downtown Association Board of Directors; amend the current employment contract with Deborah Cash, Downtown Association Administrator to clarify language regarding medical insurance benefits; and 2) Authorize the Mayor to execute the agreement. C7. PLANS AND SPECIFICATIONS FOR THE BILL ROALMAN BICYCLE BOULEVARD— PHASE 1. (MCCLUSKEY/BOCHUM) RECOMMENDATION: 1) Approve plans and specifications for construction of the Bill Roalman.Bicycle Boulevard Project, Phase 1, Specification No. 90195. 2) Authorize staff to advertise for bids and the City Administrative Officer to award the contract to the lowest responsible bidder under $400,000. 3) Transfer $47,500.00 from the Traffic Signal Interconnect Conduit.Account to the project budget. 4 Council Agenda Tuesday, December 2, 2003 C8. WATER REUSE PROJECT— COWAN EASEMENT PURCHASE. (MOSS/DISIMONE) RECOMMENDATION: 1) Approve easement purchase agreement with Mr. Craig Cowan to allow for the construction of the Water Reuse distribution pipeline project, for permanent waterline easement at a cost of $51,500. 2) Authorize staff to execute the necessary supplement escrow paperwork to complete the easement purchase. C9. WATER REUSE PROJECT— DEBLAUW EASEMENT PURCHASE. (MOSS/DISIMONE) RECOMMENDATION: 1) Approve easement purchase agreement with Mr. Richard DeBlauw to allow for the construction of the Water Reuse distribution pipeline project, for permanent waterline easement and temporary construction easement at a cost of $10,000. 2) Authorize staff to execute the necessary supplemental escrow paperwork to complete the easement purchase. C10. WATER REUSE.PROJECT—AMENDMENT TO AGREEMENT FOR COON CREEK MITIGATION. (MOSS/DISIMONE) RECOMMENDATION: 1) Approve Amendment to Agreement with TRC in the amount of $6,600 for guard rail design as related to Coon Creek steelhead passage restoration as mitigation for the Water Reuse Project. 2) Approve an additional $3,400 contingency, to be administered by the Project Manager, for possible project design changes. C11. BUDGET AMENDMENT FOR THE DAMON-GARCIA SPORTS COMPLEX SPECIFICATION NO. 99826. (MCCLUSKEY/VAN BEVEREN) RECOMMENDATION: 1) Appropriate $50,000 from the Parkland Development Fund to fund contingencies for the Damon Garcia Sports Fields Construction Project. 2) Approve and execute Amendment No. 4 to the Agreement to Furnish Design Services for the Damon-Garcia Sports Complex under Specification No. 99826 in the amount of $33,947.39. PUBLIC HEARINGS 1. DOWNTOWN ASSOCIATION THURSDAY NIGHT ACTIVITIES FEES INCREASE. (CASH — 10 MINUTES) RECOMMENDATION: As recommended by the Board of Directors of the Downtown Association, adopt a resolution modifying the fee schedule for Thursday Night Promotions. 5 Council Agenda Tuesday; December 2, 2003 2. PATRICIA DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM) ACTION PLAN. (MCCLUSKEY/P. MANDEVILLE —20 MINUTES) RECOMMENDATION: Adopt a resolution approving the Patricia Drive NTM Action Plan that calls for the installation of a centerline stripe on Patricia Drive between.Foothill Boulevard and Highland Drive and an all-way stop with curb extensions at Patricia Drive and Craig Way. 6:45 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE-REGARDING-PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 3265 Rockview Place .Landowner: City of San LOS Obispo Negotiating Parties: Neil Havlik, Wendy George Netotiations: Provide instruction to negotiators concerning potential sale of the property. 7:00 P.M. 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. 6 i Council Agenda Tuesday, vecember 2, 2003 PUBLIC HEARINGS, CONTINUED 3. A 4-LOT MINOR SUBDIVISION, A TEXT AMENDMENT TO THE SUBDIVISION_ REGULATIONS, A MITIGATED NEGATIVE DECLARATION.-AND EXCEPTIONS REQUESTED AS AFFORDABLE HOUSING INCENTIVES FOR A PROPOSED 16-UNIT APARTMENT PROJECT;.225 WCHORRO (MSITR/ ER 76-03 . (MANDEVILLE/CODRON —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1) Introduce an ordinance approving an amendment to the Subdivision Regulations to allow lots in Common Interest Developments to have any size or shape, except in the R-1 zone. 2) Adopt a resolution approving a 4-lot minor subdivision, a mitigated negative declaration and affordable housing incentives for a proposed 16-unit apartment project. 4. GENERAL PLAN AMENDMENT, REZONING AND ADJUSTMENT OF THE DEVELOPMENT LIMIT LINE TO ACCOMMODATE A 22 LOT RESIDENTIAL SUBDIVISION AT 215 BRIDGE STREET (GP/R/TR/ER 64-03). (MANDEVILLE/DUNSMORE — 90 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1) Approve a resolution amending the General Plan Land Use Element map to change the land use designation for a portion of the site.from Manufacturing and Conservation/Open Space to Medium Density Residential and Conservation/Open Space and adjust the hillside development limit line from the 175-foot contour to the 185-foot contour and approving a Mitigated Negative Declaration (ER 64-03). 2) Introduce an ordinance changing the zoning on a portion of the subject property below the 185-foot contour from Conservation/Open Space —5 (C/OS —5) to Medium Density Residential with a Planned Development Overlay (R-2-PD). 3) Adopt a resolution approving a 22 lot residential planned development with an affordable housing component and sustainable building features. 5. GENERAL PLAN AMENDMENT AND REZONING FROM NEIGHBORHOOD COMMERCIAL TO HIGH DENSITY RESIDENTIAL AT 286 CALIFORNIA BOULEVARD (GP/R/ER 94-03). (MANDEVILLE/DUNSMORE— 30 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1) Approve a resolution amending the General Plan Land. Use Element map to change the land use designation for the site from Neighborhood Commercial to High Density Residential and approving a Negative Declaration (ER 94-03). 2) Introduce an ordinance changing the zoning on the subject property from Neighborhood Commercial (C-N) to High Density Residential (R-4). 7 Council Agenda Tuesday, December 2, 2003 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. 8 From Michael Sullivan to City or San Luis Obispo-City Council-02 Dec 2003 _ PpfEMr/EO 02 December 2003 DEC _ 2 2003 To: City Council, City of San Luis Obispo, CA SLO CITY CLERK From: Michael Sullivan, 1127 Seaward Street, San Luis Obispo, CA 93405 -14,06f moi SUBJECT: Complaint against City Clerk and City of San Luis Obispo (refusal of City Clerk to accept written testimony from Michael Sullivan during public hearing for Costco project at Council meeting of 04 Nov 2003Y, and request for City Attorney opinion. On November 4, 2003 at a regular City Council meeting, I attempted to submit written testimony to the Council regarding the public hearing on the Public Hearing item 2, Costco final EIR and use permit. I submitted written comments to City Clerk (Ms. Lee Price) in person at some time during the Council deliberations on the consent agenda items. When I spoke in person on the Costco item, I mentioned to Council that they should refer to the written testimony which I had submitted to the City Clerk before the opening of the public hearing on the Costco item. However, the City Clerk stated that she had not distributed my written testimony to the Council because my written testimony had not been submitted before the start of the Council meeting. City Clerk Lee Price also stated to Council that the written testimony submitted by Michael Sullivan would be delivered to Council on the following day, November 5, 2003. The refusal of City Clerk Lee Price to deliver my written correspondence to Council is, in my opinion, a violation of the City's rules for presenting testimony at a public hearing. These rules are published as part of the Council agenda. Rule 7 states, "7. If you challenge an issue in-court,you may be limited to raising only those issues 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." My written correspondence was delivered to the City, via the City Clerk, before the public hearing on the Costco agenda item. Rule 7 implies that the City was obligated to accept my written correspondence for the Costco public hearing, because I complied with the rule by submitting the correspondence before the public hearing. Government Code section 54954.3(b), implies that the City's "Rules for presenting testimony at public hearing" are adopted pursuant to the authority of Govt. Code section 54954.3(b) which is part of the Ralph M. Brown Act. Thus, the City's rules for public testimony reflect the requirements of the Brown Act. The City Clerk's decision to not accept my written testimony during the public hearing constitutes a violation of the City's own rules for presenting testimony at a public hearing, and I believe this is also a violation of the Brown Act. I hereby request that the City Attorney provide me, within 10 working days, a written statement explaining whether or not the action of the City Clerk refusing my written correspondence on Nov. 4,2003, was inconsistent with Rule 7 for public testimony at a public hearing. . I From Michael Sullivan to City's An Luis Obispo-City Council-02 Dec 2003�. Page 2 of 3 I also request that, it the City Attorney finds that said action of the City Clerk was improper, that the City Council shall direct that a letter of reprimand be delivered to City Clerk Lee Price and that the letter shall remain in her employment file. I also request that, if the City Attorney finds that said action was improper and if the City Clerk repeats.this kind of impropriety, the City should prosecute the City Clerk as allowed under the regulations of the City Charter or other state laws. Sincerely, G_Sd Michael C. Sullivan 1127 Seaward Street San Luis Obispo, CA 93405 805-545-9614 Addenda California Government Code(downloaded 12/02/03) Govt Code 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignEy to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. From Michael Sullivan to City o._.,n Luis Obispo City Council-02 Dec 2003 ` Page 3 of 3 Govt Code 54954.3. (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body' s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any .item that has already been considered by a committee, composed exclusively of members of the legislative body, at a. public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total .amount of time allocated for public testimony on particular issues and for each individual speaker. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.