HomeMy WebLinkAbout02/17/2004, AGENDA council agenda
CITY OF SAN LU IS OB ISP O
CITY HALL, 990 PALM STREET
Tuesday, February 17, 2004
Action Update
4:00 P.M. REGULAR MEETING Council Chamber
990 Palm Street
'NOTE EARLY START TIME
Present: Council Members.John Ewan, Christine Mulholland, Allen K.
Settle, Vice Mayor Ken Schwartz, Mayor Dave Romero
Absent: Council Member John Ewan (early session only)
PRESENTATION
Water Division Manager Henderson and Waste Water Treatment Plant Division
Manager Hix introduced the following new employees in the Utilities Department.-
Dan
epartment.Dan Silveira, Water Treatment Operator and Ernie Redman, Waste Water
Reclamation Operator.
Mayor Romero presented the Employee Suggestion Award to Andrew Collins,
Building Maintenance Technician, assigned to the Swim Center, who suggested a
revision to the chemical treatment system at the pool that saved the City$6,000
for the first year.
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, JANUARY-27,2004 SPECIAL MEETING,
THURSDAY JANUARY 29, 2004 SPECIAL MEETING.AND TUESDAY,
FEBRUARY 3. 2004 REGULAR MEETING. (PRICE)
RECOMMENDATION: Waive oral reading and approve as presented.
ACTION: Approved. (4:0).
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Council Agenda Tuesdayfebruary 17, 2004
C2. PILOT PLANT STUDY FOR NEW SEDIMENTATION PROCESS AT THE,
CITY'S WATER TREATMENT PLANT. (MOSS/HENDERSON)
RECOMMENDATION: 1) Approve Amendment No. 2 to the contract with Black and
Veatch to conduct the pilot plant study of the Actiflo process at the Water Treatment
Plant for an additional compensation of $76,185. 2) Authorize the transfer of $104,785
from Water Fund Working Capital to the project account to fund the contract
amendment and additional associated costs.
ACTION. Approved. (4:0).
C3. FINAL ADOPTION OF ORDINANCE NO. 1445 (2004 SERIES). REZONING
PROPERTY AT 215 BRIDGE STREET FROM CONSERVATION/OPEN SPACE
(C/OS-5)TO MANUFACTURING (M) AND CONSERVATION/OPEN SPACE
(C/OS-5). CITY FILE #: GP/R/ER 64-03. (MANDEVILLE/DUNSMORE)
RECOMMENDATION: Adopt Ordinance No. 1445 (2004 Series) on second reading.
ACTION: Ordinance No. 1445(2004 Series) adopted. (3:0:1, Mulholland
opposed).
C4. REQUEST FOR PROPOSAL FOR AN ENVIRONMENTAL IMPACT REPORT
(EIR) FOR THE BROAD/ORCUTT AREA RESIDENTIAL.GENERAL PLAN
AMENDMENT AND REZONE PROJECT: ER 114-02.
(MANDEVILLE/CODRON)
RECOMMENDATION: As recommended by the Planning Commission, approve the
Request for Proposal and preliminary scope of work for environmental studies.
ACTION: Approved. (4:0).
C5. REVISIONS TO THE GUIDELINES FOR PUBLIC ART. (GEORGE/KISER)
RECOMMENDATION: As recommended by the Architectural Review Commission,
adopt a resolution approving revisions to the City's Guidelines for Public Art.
ACTION: Resolution No. 9523(2004 Series)adopted, as amended. (4:0).
C6. CONFIDENTIAL EMPLOYEES' COMPENSATION ADJUSTMENTS.
(MOLONEY)
RECOMMENDATION: Adopt a resolution adjusting compensation for the City of San
Luis Obispo Confidential Employees.
ACTION. Resolution No. 9524 (2004 Series)adopted. (4:0).
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Council Agenda Tuesday;-?�ebruary, 17, 2004
C7. DECLARATION OF SURPLUS PROPERTY AT 3265 ROCKVIEW PLACE AND
AUTHORIZATION TO SEEK PURCHASE PROPOSALS. (GEORGE/HAVLIK)
RECOMMENDATION: Approve a resolution declaring the City-owned lot at 3265
Rockview Place to be surplus and authorize staff to seek proposals from parties
interested in purchase of property.
ACTION: Resolution No. 9525(2004 Series)adopted. (4:0).
BUSINESS ITEMS
1. 2003-04 MID-YEAR BUDGET REVIEW. (HAMPIAN/STATLER/DOMINGUEZ —
60 MINUTES)
RECOMMENDATION: 1) Review and discuss the City's financial condition at the mid-
point of 2003-04. 2) Approve revenue and expenditures changes, including budget
requests for operating programs and capital improvement plan (CIP) projects totaling
$307,100 in 2003-04 and $873,100 in 2004-05, as summarized in the Mid-Year Budget
Review document. 3) Confirm the previously planned occupancy of the office space
currently under construction at 919 Palm Street by City staff from Community
Development and Public Works, and authorize staff to work on finalizing relocation
plans. 4) Review and discuss the status of major City goals, other Council objectives
and major CIP projects; and approve "Action Plan" revisions, including an indefinite
deferral of the 2001-03 objective of considering an expansion of the "Downtown
Commercial Zone."
ACTION. Approved. (4:0).
2. SAN LUIS OBISPO COUNTY HOUSING TRUST FUND. (MANDEVILLE/HOOK
—20 MINUTES)
RECOMMENDATION: 1) Determine that the San Luis Obispo County Housing Trust
Fund ("SLOTF") grant request for $60,000 meets City Affordable Housing Fund award
criteria set by previous Council action. 2) Authorize the City Administrative Officer to
negotiate and execute an agreement with SLOTF, consistent with provisions set forth in
this staff report, for a one-time grant of up to $60,000 from the City's Affordable
Housing Fund.
ACTION. Approved (4:0).
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Council Agenda Tuesday;rebruary, 17, 2004
3. COMMUNITY TOURISM PROMOTION BRAND IMAGE. (GEORGE/STANWYCK
- 10 MINUTES)
RECOMMENDATION: As recommended by the Promotional Coordinating Committee
(PCC), approve the phrase "Experience the SLO Life" to be used as the City's
Community Tourism Promotion slogan and approve a graphic image for use with this
design.
ACTION. Approved. (4:0).
7:00 P.M. (All Council Members present)
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, San Luis Obispo, reiterated concerns that there may be conflicts in
the use of space at the Ludwick Center and asserted that seniors are not getting
their fair share.
Michael Dubin, San Luis Obispo, asked the Council to restore bus service to the
airport
Paul Bonjour, San Luis Obispo, and Jim Halls, San Luis Obipso, (representing the
Laguna Neighborhood Association) urged the Council to expedite a program to
calm traffic in the area.
Jan Howell Marx. Sierra Club Local Chapter Housing Committee, urged the Council
to review the official position of the Sierra Club outlining recommendations
relevant to the Housing Element Update(which she submitted and is on file in the
Office of the City Clerk).
Mary.Beth Schroeder, San Luis Obispo, reiterated her position that the seniors
should be provided with a senior center at 1341 Nipomo Street
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Council Agenda Tuesday, :ebruary 17, 2004
PUBLIC HEARINGS
4. INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE TO
DEFINE.WHEN_BEER AND WINE SALES.MAY BE ALLOWED ON A SITE IN_
CONJUNCTION WITH AUTOMOTIVE FUEL SALES (TA 108-03).
(MANDEVILLE/DUNSMORE —60 MINUTES)
RECOMMENDATION: As recommended by the Planning Commission, introduce an
ordinance repealing section 5.36.020, and amending sections 17.08.040 and 17.100 of
the Municipal Code for consistency with the Business and Professions Code, allowing
the sale of beer and wine at service stations subject to development standards to
protect the public health, safety and welfare and approval of an Administrative Use
Permit.
ACTION. Ordinance No. 1446(2004 Series) introduced, as modified by staff. (3:2,
Settle, Mulholland opposed).
5. APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE
PERMIT TO ALLOW A CAR WASH IN CONJUNCTION WITH AN EXISTING
SERVICE STATION AT 1308 MONTEREY STREET (AP_-PC 131-03).
(MANDEVILLE/DUNSMORE—45 MINUTES)
RECOMMENDATION: Adopt a resolution; denying the appeal, and upholding the
Planning Commission action to approve the Use Permit to allow the car wash based on
findings and subject to conditions.
ACTION. Resolution No. 9526(2004 Series).adopted upholding the appeal
thereby overturning the action of the Planning Commission and denying the use
permit to allow a car wash. (5.0).
BUSINESS ITEMS, CONTINUED
6. FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO..
90197D. (MCCLUSKEY/LYNCH — 60 MINUTES)
RECOMMENDATION: 1) Approve plans and specifications for "Foothill Bridge
Replacement Project, Specification No. 90197D." 2) Authorize staff to advertise for
bids upon receipt of authorization from the State and authorize the City Administrative
Officer to award the contract if the lowest responsible bid is no more than 5% over the
Engineer's Estimate. 3) Confirm the findings of the Programmatic Environmental
Impact Statement/Environmental Impact Report for the Waterway Management Plan
regarding overriding considerations on flooding. 4) Approve Amendment 8 with Martin,
Rivett & Olson for Construction Management and Environmental Monitoring Services in
5
Council Agenda Tuesday,-r"ebruary, 17, 2004
the amount of $576,000 and authorize the Mayor to execute the amendment. 5) Adopt
a Resolution of Necessity for easements for the Foothill Bridge Replacement Project.
6) Authorize the City Administrative Officer to enter into an agreement with Meyer/Nave
for legal assistance in filing eminent domain actions not to exceed $70,000. 7)
Appropriate $1,109,400 from grant funds and $277,300 from the General Fund
($250,800 from the CIP Reserve and $26,500 from the General Fund unreserved fund
balance) to provide necessary funding for construction and to provide the required
deposition of funds for eminent domain.
ACTION: 14)Approved. 5) Resolution No. 9527(2004 Series)adopted. 6)
Approved. 7)Approved, as amended. (5:0).
COUNCIL LIAISON REPORTS (not to exceed 15 minutes)
Council Members report on conferences or other City activities. Time limit-3 minutes.
Vice Mayor Schwartz reported on the February 4th meeting of the San Luis Obispo
Council of Governments (see report on file in the Office of the City Clerk).
Council Member Mulholland reported on the February4"' County Water
Resources Advisory Committee and the February 1 Downtown Association
Board meeting.
Mayor Romero attended the February 11 d, Promotional Coordinating Committee
meeting.
Mayor Romero and Council Member Ewan will be attending the Seismic Task Force
meeting on February 1r.
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).
Brief Council discussion followed regarding concerns expressed by Mr. Fowler
regarding the use of the Ludwick Center. The matter was referred to staff.
A. ADJOURN.
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council agcnBa
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, February 17, 2004
4:00 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, Christine Mulholland,
Allen K. Settle, Vice Mayor Ken Schwartz,
Mayor Dave Romero
PRESENTATION
INTRODUCTION OF NEW EMPLOYEES IN THE UTILITIES DEPARTMENT. (MOSS)
EMPLOYEE SUGGESTION AWARD. (ROMERO/SYLVAIN — 5 MINUTES)
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, JANUARY 27, 2004 SPECIAL MEETING,
THURSDAY, JANUARY M2004 SPECIAL MEETING AND TUESDAY,
FEBRUARY 3, 2004 REGULAR MEETING. (PRICE)
RECOMMENDATION: Waive oral reading and approve as presented.
® 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,--February 17, 2004
PUBLIC COMMENTS ON AGENDA ITEMS: You may address the Council on any item described in this agenda by
completing a speaker slip and giving it to the City Clerk prior to the meeting. The Mayor will open the floor to and invite
public comments before the Council takes action on each item. (Gov. Code Sec. 54954.3(a)). Your speaking time is
limited to three(3)minutes. (CC&P Sec.1.3J).
CITY COUNCIL PROCEDURES FOR PUBLIC HEARINGS: The Mayor will announce each item and thereafter, the
hearing will be conducted as follows:
1. City staff will present the staff report and recommendation on the proposal being heard and respond to questions
from Council.
2. The Mayor will open the public hearing by first asking the project applicanUappellant(or his/her representative)to
present any points necessary for the Council,as well as the public,to fully understand the proposal.
3. The Mayor will then ask other interested persons to come to the podium to present testimony either in support of
or in opposition to the proposal.
4. Finally, the Mayor will invite the applicant/appellant (or his/her representative) back to the podium to respond to
the public testimony, if appropriate. The Mayor will then close the public hearing and limit further discussion to
the Council and staff prior to the Council taking a vote.
RULES FOR PRESENTING TESTIMONY AT A PUBLIC HEARING: City Council meetings often involve highly emotional
issues. It is important that all participants conduct themselves with courtesy, dignity and respect. All persons who wish to
present testimony are asked to observe the following rules:
1. Speakers are asked to submit speaker slips to the City Clerk.
2. If you have filled out a Speaker Slip,the Mayor will call you to the podium.
3. Speakers shall address the Council from the podium after giving his/her name and city of residence. Speakers
shall direct their comments to the Council, not the audience.
4. Speakers shall limit comments to three minutes. The Mayor, after all others have spoken, may allow additional
brief comments from speakers who have already commented on the same agenda item.
5. If testifying as paid representatives, as defined in the Municipal Code speakers shall register as a Municipal
Advocate and shall preface their comments by identifying themselves as Municipal Advocates (§2.64.020 &
§2.64.050&§2.64.070).
6. Applicants,appellants or applicant representatives desiring to speak shall:
a. Submit speaker slips to the City Clerk (available on a plastic rack at the entrance to the Council
Chamber).
b. Shall be permitted to speak first during the public comment portion of the public hearing for not more
than ten.minutes.
c. Address the Council from the podium after giving their name and address, and/or the name and
address of the applicantlappellant they are representing. If the applicantlappellant's representative is a
paid Municipal Advocate,they shall comply with Number 5 above.
7. If you challenge an issue in court, you may be limited to raising only those issue 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.
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.
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Council Agenda Tuesday, February 17, 2004
C2. PILOT PLANT STUDY FOR NEW SEDIMENTATION PROCESS AT THE
CITY'S WATER TREATMENT PLANT. (MOSS/HENDERSON)
RECOMMENDATION: 1) Approve Amendment No. 2 to the contract with Black and
Veatch to conduct the pilot plant study of the Actiflo process at the Water Treatment
Plant for an additional compensation of $76,185. 2) Authorize the transfer of $104,785
from Water Fund Working Capital to the project account to fund the contract
amendment and additional associated costs.
C3. FINAL ADOPTION OF ORDINANCE NO. 1445 (2004 SERIES). REZONING
PROPERTY AT215 BRIDGE STREET.FROM CONSERVATION/OPEN SPACE
(C/OS-5) TO.MANUFACTURING (M) AND CONSERVATION/OPEN SPACE
(CLOS-5). CITY FILE#: GP/R/ER 64.03. (MAN DEVI LLE/D U NSMORE)
RECOMMENDATION: Adopt Ordinance No. 1445 (2004 Series) on second reading.
C4. REQUEST FOR PROPOSAL FOR AN ENVIRONMENTAL IMPACT REPORT
(EIR) FOR THE BROADLORCUTT AREA RESIDENTIAL GENERAL PLAN
AMENDMENT AND REZONE PROJECT; ER 114-o2.
(MANDEVILLE/CODRON)
RECOMMENDATION: As recommended by the Planning Commission, approve the
Request for Proposal and preliminary scope of work for environmental studies.
C5. REVISIONS TO THE GUIDELINES FOR PUBLIC ART. (GEORGE/KISER)
RECOMMENDATION: As recommended by the Architectural Review Commission,
adopt a resolution approving revisions to the City's Guidelines for Public Art.
C6. CONFIDENTIAL EMPLOYEES' COMPENSATION ADJUSTMENTS.
(MOLONEY)
RECOMMENDATION: Adopt a resolution adjusting compensation for the City of San
Luis Obispo Confidential Employees.
C7. DECLARATION OF SURPLUS PROPERTY AT 3265 ROCKVIEW PLACE AND
AUTHORIZATION TO SEEK PURCHASE PROPOSALS. (GEORGE/HAVLIK)
RECOMMENDATION:. Approve a resolution declaring the City-owned lot at 3265
Rockview Place to be surplus and authorize staff to seek proposals from parties
interested in purchase of property.
3
Council Agenda Tuesday,February 17, 2004
BUSINESS ITEMS
1. 2003-04 MID-YEAR BUDGET REVIEW. (HAMPIAN/STATLER/DOMINGUEZ —
60 MINUTES)
RECOMMENDATION: 1) Review and discuss the City's financial condition at the mid-
point of 2003-04. 2) Approve revenue and expenditures changes, including budget
requests for operating programs and capital improvement plan (CIP) projects totaling
$307,100 in 2003-04 and $873,100 in 2004-05, as summarized in the Mid-Year Budget
Review document. 3) Confirm the previously planned occupancy of the office space
currently under construction at 919 Palm Street by City staff from Community
Development and Public Works, and authorize staff to work on finalizing relocation
plans. 4) Review and discuss the status of major City goals, other Council objectives
and major CIP projects; and approve "Action Plan" revisions, including an 'indefinite
deferral of the 2001-03 objective of considering an expansion of the Downtown
Commercial Zone."
2. SAN LUIS OBISPO COUNTY HOUSING TRUST FUND. (MANDEVILLE/HOOK
—20 MINUTES)
RECOMMENDATION: 1) Determine that the San Luis Obispo County Housing Trust
Fund ("SLOTF') grant request for $60,000 meets City Affordable Housing Fund award
criteria set by previous Council action. 2) Authorize the City Administrative Officer to
negotiate and execute an agreement with SLOTF, consistent with provisions set forth in
this staff report, for a one-time grant of up to $60,000 from the City's Affordable
Housing Fund.
3. COMMUNITY TOURISM PROMOTION BRAND IMAGE. (GEORGE/STANWYCK
— 10 MINUTES)
RECOMMENDATION: As recommended by the Promotional Coordinating Committee
(PCC), approve the phrase "Experience the SLO Life" to be used as the City's
Community Tourism Promotion slogan and approve a graphic image for use with this
design.
4
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Council Agenda Tuesday, February 17, 2004
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.
PUBLIC HEARINGS
4. INTRODUCTION OF AN,ORDINANCE AMENDING THE MUNICIPAL CODE TO
DEFINE.WHEN BEER AND WINE SALES MAY BE ALLOWED ON SITE IN
CONJUNCTION WITH AUTOMOTIVE FUEL.SALES (TA 108-03).
(MANDEVILLE/DUNSMORE — 60 MINUTES)
RECOMMENDATION: As recommended by the Planning Commission, introduce an
ordinance repealing section 5.36.020, and amending sections 17.08.040 and 17.100 of
the Municipal Code for consistency with the Business and Professions Code, allowing
the sale of beer and wine at service stations subject to development standards to
protect the public health, safety and welfare and approval of an Administrative Use
Permit.
5. APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE
PERMIT TOALLOWA CAR WASH IN CONJUNCTION WITH AN EXISTING
SERVICE STATION AT 1308.MONTEREY STREET (AP-PC 131-03).
(MANDEVILLE/DUNSMORE — 45 MINUTES)
RECOMMENDATION: Adopt a resolution, denying the appeal, and upholding the
Planning Commission action to approve the Use Permit to allow the car wash based on
findings and subject to conditions.
5
Council Agenda Tuesday, February 17, 2004
BUSINESS ITEMS, CONTINUED
6. FOOTHILL BRIDGE REPLACEMENT.PROJECT, SPECIFICATION NO.
901970. (MCCLUSKEY/LYNCH — 60 MINUTES)
RECOMMENDATION: 1) Approve plans and specifications for "Foothill Bridge
Replacement Project, Specification No. 90197D.° 2) Authorize staff to advertise for
bids upon receipt of authorization from the State and authorize the City Administrative
Officer to award the contract if the lowest responsible bid is no more than 5% over the
Engineer's Estimate. 3) Confirm the findings of the Programmatic Environmental
Impact Statement/Environmental Impact Report for the Waterway Management Plan
regarding overriding considerations on flooding. 4) Approve Amendment 8 with Martin,
Rivett & Olson for Construction Management and Environmental Monitoring Services in
the amount of $576,000 and authorize the Mayor to execute the amendment. 5) Adopt
a Resolution of Necessity for easements for the Foothill Bridge Replacement Project.
6) Authorize the City Administrative Officer to enter into an agreement with Meyer/Nave
for legal assistance in filing eminent domain actions not to exceed $70,000. 7)
Appropriate $1,109,400 from grant funds and $277,300 from the General Fund
($250,800 from the CIP Reserve and $26,500 from the General Fund unreserved fund
balance) to provide necessary funding for construction and to provide the required
deposition of funds for eminent domain.
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.
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