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HomeMy WebLinkAbout01/06/2004, AGENDA r I council agenba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, January 6, 2004 Action Update 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street City Attorney Lowell provided the Closed Session announcements as follows: CONFERENCES WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 1) AGENCY NEGOTIATOR: KAREN JENNY, MONICA MOLONEY EMPLOYEE ORGANIZATION: SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION(SLOCEA) 2) AGENCY NEGOTIATOR: KAREN JENNY, MONICA MOLONEY EMPLOYEE ORGANIZATION: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523 3) AGENCY NEGOTIATOR KAREN JENNY, MONICA MOLONEY UNREPRESENTED EMPLOYEES: DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL The City Attorney reported on the Closed Sessions as follows: 1)No reportable action;action to be reflected on a future consent calendar, 2) No reportable action; action to be reflected on a future consent calendar, 3) Council provided direction to its negotiators. I' Council Agenda Tuest cy, January 6, 2004 Action Update 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz, Mayor Dave Romero INTRODUCTIONS Parks and Recreation Director LeSa4e introduced Christine Wallace, Recreation Coordinator in the Parks and Recreation Department Public Works Director McCluskey introduced Robert Horch, the new Parking Manager. 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. Gary Fowler asked for a list or map depicting underground districts and suggested that the area between Walnut and Olive at Santa Rosa may be scheduled for undergrounding but has been overlooked. Public Works staff will respond to his inquiries. He also suggested that a senior center be included in the San Luis Market Place project and noted typos in the new Parks and Recreation brochure. Situ Kelvin Harrison reiterated claims of discrimination and harassment The following local health care professionals voiced concerns about the lack of sufficient, suitably zoned property for medical office facilities in San Luis Obispo. They urged the Council to consider an interim solution to the problem and, further, to amend the General Plan to provide for less restrictive zoning and parking regulations for medical offices: Fred Vernacchia, Karen Krahl, Gary Donath. (President of San Luis Obispo Medical Society), James Gealy(San Luis Obispo Eye Associates)and(via written communication)David A. Canvasser; MD(Central Coast Cardio. Surgical Associates). ACRO George provided a status report on efforts to survey local property owners and health care providers in response to this unmet need. Council directed staff to move forward, without further survey 2 Council Agenda Tues..ay, January 6, 2004 Action Update and as appropriate, to change zoning regulations to allow greater flexibilityin providing medical office space in the community. Brett Cross suggested that the Council review inclusionary housing ordinances from other communities like LA.. Fairfield and Salinas during its consideration of the Housing Element Update. He also suggested careful review of the no-net housing loss policy and, further, that the Council ask Cal Poly to conduct a "peer review"of the document. Mary Beth Schroeder complained about the Council's land use decisions. The following urged the Council to reconsider its December 2nd action on the Bridge Street Project: Andrew Carter, Dawn Legg, Dan Kallal, Philip Novotny, George Garcia (Garcia.Architecture and Design),Ali Semon and Tracy Ills (Note: see Council discussion about this matter on Page 6). Jerry Rioux, Executive Director of the SLO County Housing Trust Fund, summarized the status of the Trust Fund outlined in his letter dated December 17"' (on rile in the Office of the City Clerk)and asked the Council to place the matter on an upcoming agenda for discussion. Council referred the matter to staff and asked for a report on February 1 e. Michael Sullivan spoke regarding City rules about presenting written testimony to the Council and asked for a meeting with the city attorney. 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, DECEMBER 2, 2003 REGULAR MEETING. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved. (5:0) C2. FINAL PASSAGE OF ORDINANCE NO. 1443 (2004 SERIES),AN AMENDMENT TO THE SUBDIVISION REGULATIONS ALLOWING LOTS WITHIN.COMMON INTEREST DEVELOPMENTS TO HAVE ANY SIZE OR SHAPE, EXCEPT IN THE R-1 ZONE; TA 76-03. (MAN DEVILLE/COD RON) RECOMMENDATION: Grant final passage to Ordinance No. 1443 (2004 Series). ACTION. Ordinance No. 1443(2004 Series) adopted. (5:0). 3 Council Agenda Tuesudy, January 6, 2004 Action Update C3. FINAL.PASSAGE OF ORDINANCE NO. 1444 (2004 SERIES) REZONING PROPERTY AT 286 CALIFORNIA BOULEVARD FROM NEIGHBORHOOD COMMERCIAL (C-N)TO HIGH DENSITY RESIDENTIAL (R-4); (GP/R/ER 94- 03 . (MANDEVILLE/DUNSMORE) RECOMMENDATION: Grant final passage to Ordinance No. 1444 (2004 Series). ACTION. Ordinance No. 1444 (2004 Series) adopted. (5:0). C4. RESOLUTION REVISING THE ADVISORY BODY HANDBOOK. (PRICE) RECOMMENDATION: Adopt a resolution revising the Advisory Body Handbook. ACTION. Resolution No. 9516(2004 Series) adopted. (5:0). CS. AUTHORIZATION OF.APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP). (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of $250,000 from the Environmental Enhancement and Mitigation Program (EEMP), to be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101. ACTION: Resolution No. 9517(2004 Series)adopted. (5:0). C6. WATERWAY MANAGEMENT PLAN CONTRACT AMENDMENT, SPECIFICATION NO. 90013A. (MCCLUSKEY/WALTER) RECOMMENDATION: 1) Approve and execute Amendment 1 to the Agreement with San Luis Obispo County Flood Control Zone 9 to fund additional engineering services on the Waterway Management Plan for San Luis Obispo Creek and authorize the Mayor to execute Amendment 1. 2) After the County Board of Supervisors approves the use of Zone 9 reserves for this amendment, transfer an additional $40,000 from Zone 9 Revenue to the project account. 3) Approve and execute Amendment 1 to the Agreement with Questa Engineering for engineering services on the Waterway Management Plan for San Luis Obispo Creek in the amount of $40,207.82. ACTION. 1-3)Approved. (5:0). C7. ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION. (MOLONEY/JENNY) 4 Council Agenda Tuesuay, January6, 2004 Action Update . RECOMMENDATION: Adopt a resolution approving an Addendum to the Memorandum of Agreement between the City and the San Luis Obispo Police Officers' Association. ACTION. Resolution No. 9518(2004 Series)adopted. (5:0). C8. ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523. (MOLONEY/JENNY) RECOMMENDATION: Adopt a resolution approving an Addendum to the Memorandum of Agreement between the Cityand the International Association of Firefighters, Local 3523. ACTION. Resolution No. 9519(2004 Series) adopted. (5:0). C9. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. (STATLER/DOMINGUEZ) RECOMMENDATION:. Receive and file annual statements of revenues and expenditures from development.impact fees for 2002-03 (water, wastewater and transportation). ACTION. Annual statements received and filed. (5:0) BUSINESS ITEMS 1. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR 2002-03. (STATLER/DOMINGUEZ—30 MINUTES) RECOMMENDATION: Review and discuss the Comprehensive Annual Financial Report and ending financial results for 2002-03. ACTION. Reviewed and filed. (5:0) 2. DISCUSSION AND DIRECTION REGARDING PROPOSED TERMS OF TENTATIVE DEVELOPMENT AGREEMENT FOR THE SAN LUIS OBISPO MARKETPLACE PROJECT. (GEORGE/LOWELL— 90 MINUTES) RECOMMENDATION: 1) Review and conceptually approve major terms to be included in a development agreement and authorize staff to proceed with negotiations. 2) Authorize City Administrative Officer to hire the consultants necessary to comprise our "Bond Team" and enter into a third party reimbursement agreement with San Luis Obispo Marketplace Associates for the costs of these specialized consultants. 5 Council Agenda Tues..dy, January 6, 2004 Action Update ACTION. 1) Reviewed and conceptually approved. 2)Approved. (3:1:0, Mulholland opposed, Settle recused due to a potential conflict of interest). 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 that she had attended the dedication of public art at Fire Station #1, the December 9"'meeting of the Downtown Association and the December 17"' meeting of the Economia Vitality Commission. 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 Ewan presented a memo for discussion regarding the possible reconsideration of the December 2, 2003 Council action to deny the Bridge Street project without prejudice (see memo on file in the Office of the City Clerk). A majority of the Council voiced no interest in reconsidering the previous action. Mayor Romero and Vice Mayor Schwartz presented a memo for discussion regarding earthquake safety and seismic retrofit in the downtown (see memo on file in the Office of the City Clerk). Staff reported that the Chamber of Commerce has re-formed the Seismic Task Force. The Council directed staff to prepare, for the Mayor's signature, a letter to property owners of un-reinforced masonry buildings encouraging them to proceed with retrofitting and informing them about the City's grant program. In addition, the Council appointed Council Member Ewan as the Council Liaison to the Task Force, and Mayor Romero as the alternate. Council Member Ewan voiced concern about fireplace chimneys during earthquake and asked staff to review with the public how to repair and/or reconstruct fireplaces. He suggested to the public that if they have a damaged fireplace or furnace, that it be inspected by a certified professional before resuming use. Community Development Director Mandeville reported that the Building Department has already put together a handout informing the public about this important matter. A. ADJOURN. 6 council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, January 6, 2004 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 AGENCY NEGOTIATOR: KAREN JENNY, MONICA MOLONEY EMPLOYEE ORGANIZATION: SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION (SLOCEA) -AND- AGENCY NEGOTIATOR: KAREN JENNY, MONICA MOLONEY EMPLOYEE ORGANIZATION: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523 -AND- AGENCY NEGOTIATOR KAREN JENNY, MONICA MOLONEY UNREPRESENTED EMPLOYEES: DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL ® 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, January 6, 2004 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, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz, Mayor Dave Romero INTRODUCTIONS .INTRODUCTION OF NEW RECREATION COORDINATOR. (LESAGE) INTRODUCTION OF NEW PUBLIC WORKS EMPLOYEES. (MCCLUSKEY) 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. 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, DECEMBER 2. 2003 REGULAR MEETING. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. C2. FINAL PASSAGE OF ORDINANCE NO. 1443 (2004 SERIES). AN AMENDMENT TO THE SUBDIVISION REGULATIONS ALLOWING LOTS WITHIN COMMON INTEREST DEVELOPMENTS TO HAVE ANY SIZE OR SHAPE, EXCEPT IN THE R-1 ZONE: TA 76-03. (MANDEVILLE/CODRON) RECOMMENDATION: Grant final passage-to Ordinance No. 1443 (2004 Series). 3 Council Agenda Tuesday, January 6, 2004 C3. FINAL.PASSAGE OF ORDINANCE NO..1444 (2004 SERIES) REZONING PROPERTY AT 286 CALIFORNIA BOULEVARD FROM NEIGHBORHOOD COMMERCIAL.(C-N) TO HIGH DENSITY RESIDENTIAL (R-4): (GP/R/ER 94- 03). (MANDEVILLE/DUNSMORE) RECOMMENDATION: Grant final passage to Ordinance No. 1444 (2004 Series). C4. RESOLUTION REVISING THE ADVISORY BODY HANDBOOK. (PRICE) RECOMMENDATION: Adopt a resolution revising the Advisory Body Handbook. C5. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP). (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of $250,000 from the Environmental Enhancement and Mitigation Program (EEMP), to be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101. C6. WATERWAY MANAGEMENT PLAN CONTRACT AMENDMENT, SPECIFICATION NO. 90013A. (MCCLUSKEY/WALTER) RECOMMENDATION: 1) Approve and execute Amendment 1 to the Agreement with San Luis Obispo County Flood Control Zone 9 to fund additional engineering services on the Waterway Management Plan for San Luis Obispo Creek and authorize the Mayor to execute Amendment 1. 2) After the County Board of Supervisors approves the use of Zone 9 reserves for this amendment, transfer an additional $40,000 from Zone 9 Revenue to the project account. 3) Approve and execute Amendment 1 to the Agreement with Questa Engineering for engineering services on the Waterway Management Plan for San Luis Obispo Creek in the amount of $40,207.82. C7. ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION. (MOLONEY/JENNY) RECOMMENDATION: Adopt resolution approving an Addendum to the Memorandum of Agreement between the City and the San Luis Obispo Police Officers' Association. 4 Council Agenda Tuesday, January 6, 2004 C8. ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS_, LOCAL 3523. (MOLONEYMENNY) RECOMMENDATION: Adopt a resolution approving an Addendum to the Memorandum of Agreement between the City and the International Association of Firefighters, Local 3523. C9. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. (STATLER/DOMINGUEZ) RECOMMENDATION: Receive and file annual statements of revenues and expenditures from development impact fees for 2002-03 (water, wastewater and transportation). BUSINESS ITEMS 1. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR 2002-03. (STATLER/DOMINGUEZ-30 MINUTES) RECOMMENDATION: Review and discuss the Comprehensive Annual Financial Report and ending financial results for 2002-03. 2. DISCUSSION AND DIRECTION REGARDING PROPOSED TERMS OF TENTATIVE DEVELOPMENT AGREEMENT FOR.THE SAN LUIS OBISPO MARKETPLACE PROJECT. (GEORGE/LOWELL- 90 MINUTES) RECOMMENDATION: 1) Review and conceptually approve major terms to be included in a development agreement and authorize staff to proceed with negotiations. 2) Authorize City Administrative Officer to hire the consultants necessary to comprise our "Bond Team" and enter into a third party reimbursement agreement with San Luis Obispo Marketplace Associates for the costs of these specialized consultants. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 5 Council Agenda Tuesday, January 6, 2004 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). DISCUSS POSSIBLE RECONSIDERATION OF THE DECEMBER 2. 2003 COUNCIL ACTION TO DENY THE BRIDGE STREET PROJECT WITHOUT PREJUDICE. (EWAN) A. ADJOURN. 6