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HomeMy WebLinkAbout06/15/2004, AGENDA council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, June 15, 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 PUBLIC HEARING 1. APPEAL OF TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL REQUEST. (MCCLUSKEY/BEIGHTS —40 MINUTES) RECOMMENDATION: Adopt a resolution denying the appeal of the Tree Committee's decision to approve the removal request at 1670 Phillips Lane. ACTION: Resolution No. 9572(2004 Series) adopted. (4:1, Mulholland). BUSINESS ITEMS 2. 2004-05 PROMOTIONAL COORDINATING COMMITTEE GRANTS4N-AID (GIA) RECOMMENDATIONS. (GEORGE/KISER — 15 MINUTES) RECOMMENDATION:. As recommended by the Promotional Coordinating Committee (PCC): 1) Adopt a resolution approving 2004-05 Grants-in-Aid (GIA) and authorizing the City Administrative Officer to execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution, inclusive of any modifications made by the Council; 2) Allocate any remaining funds from the 2004-05 GIA program to the PCC's Enhanced Promotional Fund for uses consistent with that program's established granting criteria.. ACTION: 1) Resolution No. 9573 (2004 Series)adopted. 2)Approved. (5:0). Council Agenda Tuebuay, June 15, 2004 Action Update 3. 2004 WATER RESOURCES STATUS REPORT. (MOSS/HENDERSON —45 MINUTES) RECOMMENDATION: 1) Receive and file report. 2) Approve the recommended prioritization of water supply projects as identified in Table 2. ACTION. 1) Report received. 2)Approved. (4:1, Mulholland). 4. WHEELING OF NACIMIENTO WATER TO AFUERO DE CHORRO MUNICIPAL WATER COMPANY. (MOSS/GILMORE —20 MINUTES) RECOMMENDATION: Deny the request by Afuero de Chorro Mutual Water Company to treat and wheel Nacimiento water through the City's water treatment and distribution system. ACTION: Approved. (5:0). 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. Dane Senser, SLO, complained about being harassed by vagrants in the downtown area. Gary Fowler, SLO, asked that flags displayed at night in Mission Plaza be properly lit He mentioned that law enforcement badges display a cross. He stated that seniors are concerned about increases in their service bills. Mary Beth Schroeder, SLO, asked Council to protect the seniors and R-1 zones. PROCLAMATION Mayor Romero presented a proclamation to Betsy.Kiser, outgoing San Luis Obispo Chapter NMA President, and James Bremer, incoming San Luis Obispo Chapter NMA President, in recognition of National Management Association (NMA) Week 2 Council Agenda Tuea.ray, June 15, 2004 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. CONSIDERATION TO ADD CONSENT ITEM C7. RECOMMENDATION: Approve adding Consent Item C7 prior to consideration of the consent agenda upon 2/3 vote of City Council that there is a need to take action immediately and need came to City's attention after agenda was posted. ACTION: Approved. (5:0). C1. APPROVE MINUTES OF TUESDAY, MAY 25, 2004 SPECIAL MEETING AND TUESDAY, JUNE 1. 2004 REGULAR MEETING. (REYNOLDS) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved. (5:0). C2. GENERAL_MUNICIPAL ELECTION FOR NOVEMBER 2, 2004. (REYNOLDS) RECOMMENDATION: 1) Adopt a resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held Tuesday, November 2, 2004 for the Election of Certain Officers as Required by the Provisions of the Charter. 2) Adopt a resolution Requesting The San Luis Obispo County Board of Supervisors to Consolidate the General Municipal Election on Tuesday, November 2, 2004, With the Statewide General Election to be Held on that.Date. ACTION: 1) Resolution No. 9574(2004 Series) adopted. 2) Resolution No. 9575 (2004 Series) adopted. (5:0). Staff directed to cancel the Tuesday, November 2, 2004 Regular City Council meeting due to the election and to reschedule it at a later date. C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. (MOSS/MUNDS) RECOMMENDATION: Adopt a resolution authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved. ACTION: Resolution No. 9576(2004 Series)adopted. (5:0). 3 Council Agenda Tuebuay, June 15, 2004 Action Update C4. ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT. (MCCLUSKEY/WALTER) RECOMMENDATION: Adopt a resolution to authorize the City Administrative Officer to approve an annual agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9 for reimbursement of streambed clearing and exotics control/revegetation program. ACTION. Resolution No. 9577(2004 Series)adopted. (5:0). C5. APPROPRIATIONS LIMIT FOR 2004-05. (STATLER/DOMINGUEZ) RECOMMENDATION: Adopt a resolution establishing the City's appropriations limit for 2004-05. ACTION. Resolution No. 9578(2004 Series)adopted. (5:0). C6. SURPLUS CITY PROPERTY. (STATLER) RECOMMENDATION: Adopt a resolution declaring equipment as surplus property. ACTION. Resolution No. 9579(2004 Series) adopted. (5:0). C7. APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of $400,000 from the California State Coastal Conservancy, to be used in support of acquisition of the Ahearn Property at Stagecoach Road and Highway 101 (map). ACTION. Resolution No. 9580(2004 Series) adopted. (5:0). PUBLIC HEARINGS, CONTINUED 5. REVIEW PROPOSED GENERAL PLAN AMENDMENTS AND ZONING REGULATIONS AMENDMENTS TO PROVIDE GREATER FLEXIBILITY FOR THE LOCATIONS OF MEDICAL SERVICES (GPA/TA/ER 22-04. (MANDEVILLE/CODRON —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, take the following actions to provide greater flexibility for the locations of medical services in the City: 1) Approve in concept amendments to General Plan Policies LU 3.4.2.C, LU 3.6.1 and LU 3.6.2 to provide greater flexibility for the locations of medical services. 2) Approve in concept an ordinance allowing certain types of medical services to be 4 Council Agenda Tuesuay, June 15, 2004 Action Update located in the C-S and BP zoning districts, with the approval of an Administrative Use Permit. 3) Approve in concept a Negative Declaration of Environmental Impact for the project. 4) Continue this item to the July 6, 2004 Council meeting for adoption of the General Plan amendment, introduction of the ordinance, and approval of the Negative Declaration. ACTION: Approved, as amended. (5:0). 6. GENERAL PLAN AMENDMENT AND REZONE FROM MEDIUM DENSITY RESIDENTIAL TO TOURIST COMMERCIAL.FOR PROPERTY LOCATED AT 1661 MILL STREET (GP/R/ER 37-04). (MANDEVILLE/DUNSMORE—45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, adopt a resolution conceptually approving a Mitigated Negative Declaration of environmental impact and amendment to the City's Land Use Element Map and Zoning Map designations from Medium Density Residential (R-2) to Tourist Commercial (C-T-S), which directs staff to return the project to the Council at the July 6, 2004, regular meeting, to formally adopt a resolution and ordinance for the project. ACTION: Resolution No. 9581 (2004 Series) adopted. (5:0). 7. WATER AND WASTEWATER IMPACT FEES. (MOSS/BAASCH —60 MINUTES) RECOMMENDATION: Adopt a resolution amending water and wastewater impact fees effective September 1, 2004. ACTION: Resolution No. 9582(2004 Series) adopted, as amended. (3:2, Mulholland and Schwartz). 8. ADOPTION OF 2004-05 BUDGET. (HAMPIAN/STATLER/DOMINGUEZ— 60 MINUTES) RECOMMENDATION: Adopt a resolution approving amendments to the 2003-05 Financial Plan and appropriating funds for fiscal year 2004-05. ACTION: Resolution No. 9583 (2004 Series)adopted. (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 San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority meeting on June 2nd(see letter on file in the City Clerk's Office). 5 Council Agenda Tuesuay, June 15, 2004 Action Update Council Member Mulholland reported on the Water Resources Advisory Committee meeti;g.on June 2"a and the Downtown Association Board of Directors meeting on June Mayor Romero reported that he and Council Member Ewan attended the June 14`" Seismic Task Force 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). Council Member Mulholland stated that Kim Catherina of the Department of Agriculture has placed disease-free chickens in the Laguna Lake neighborhood to monitor the West Nile mosquito virus, and that West Nile informational brochures are available at the County Health Department. She stated that dense reed growth in Laguna Lake is making mosquito abatement spraying ineffective. Staff is directed to consider the reed problem when addressing Laguna Lake dredging, and report back on mitigation and funding options in the fall. Council Member Settle stated that he met with the Joint Powers Insurance Authority and urged staff to require certification of indemnification for all Public Works contracts. He submitted the booklet."Of Cookie Jars and Fishbowls: A Public Official's Guide to Use of Public Resources." A. ADJOURN. 6 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, June 15, 2004 ADDENDUM CONSIDERATION TO ADD CONSENT ITEM C7. RECOMMENDATION: Approve adding Consent Item C7 prior to consideration of the consent agenda upon 2/3 vote of City Council that there is a need to take action immediately and need came to City's attention after agenda was posted. 7:00 P.M. CONSENT ITEM Council Chamber 990 Palm Street C7. APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in amount of $400,000 from the California State Coastal Conservancy, to be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101 (map). council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, June 15, 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 PUBLIC HEARING 1. APPEAL OF TREE COMMITTEE.DECISION TO APPROVE TREE REMOVAL REQUEST. (MCCLUSKEY/BEIGHTS —40 MINUTES) RECOMMENDATION: Adopt a resolution denying the appeal of the Tree Committee's decision to approve the removal request at 1670 Phillips Lane. ® 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 requite a hearing amplification device. For more agenda information,call 781-7103. Council Agenda Tuesday, June 15, 2004 BUSINESS ITEMS 2. 2004-05 PROMOTIONAL COORDINATING COMMITTEE GRANTS-IN-AID. (GIA) RECOMMENDATIONS. (GEORGE/KISER — 15 MINUTES) RECOMMENDATION: As recommended by the Promotional Coordinating Committee (PCC): 1) Adopt a resolution approving 2004-05 Grants-in-Aid (GIA) and authorizing the City Administrative Off icer to execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution, inclusive of any modifications made by the Council; 2) Allocate any remaining funds from the 2004-05 GIA program to the PCC's Enhanced Promotional Fund for uses consistent with that program's established granting criteria. 3. 2004 WATER RESOURCES STATUS REPORT. (MOSS/HENDERSON —45 MINUTES) RECOMMENDATION; 1) Receive and file report. 2) Approve the recommended prioritization of water supply projects as identified in Table 2. 4. WHEELING OF NACIMIENTO WATER TO AFUERO DE CHORRO MUNICIPAL WATER COMPANY. (MOSS/GILMORE—20 MINUTES) RECOMMENDATION: Deny the request by Afuero de Chorro Mutual Water Company to treat and wheel Nacimiento water through the City's water treatment and distribution system. 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. PROCLAMATION PROCLAMATION FOR NATIONAL MANAGEMENT ASSOCIATION (NMA) WEEK. (ROMERO —5 MINUTES) 3 i Council Agenda Tuesday, June 15, 2004 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, MAY 25,2004 SPECIAL MEETING AND TUESDAY, JUNE 1, 2004 REGULAR MEETING. (REYNOLDS) RECOMMENDATION: Waive oral reading and approve as presented. C2. GENERAL MUNICIPAL ELECTION FOR NOVEMBER 2, 2004. (REYNOLDS) RECOMMENDATION: 1) Adopt a resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held Tuesday, November 2, 2004 for the Election of Certain Officers as Required by the Provisions of the Charter. 2) Adopt a resolution Requesting The San Luis Obispo County Board of Supervisors to Consolidate the General Municipal Election on Tuesday, November 2, 2004, With the Statewide General Election to be Held on that Date. C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. (MOSS/MUNDS) RECOMMENDATION: Adopt a resolution authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved. C4. ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT. (MCCLUSKEY/WALTER) RECOMMENDATION: Adopt a resolution to authorize the City Administrative Officer to approve an agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9 for reimbursement of streambed clearing and exotics control/revegetation program. C5. APPROPRIATIONS LIMIT FOR 2004-05. (STATLER/DOMINGUEZ) RECOMMENDATION: Adopt a resolution establishing the City's appropriations limit for 2004-05. C6. SURPLUS CITY PROPERTY. (STATLER) RECOMMENDATION: Adopt a resolution declaring equipment as surplus property. 4 Council Agenda Tuesday, June 15, 2004 PUBLIC HEARINGS, CONTINUED 5. REVIEW PROPOSED_GENERAL_ PLAN AMENDMENTS AND ZONING REGULATIONS AMENDMENTS TO PROVIDE GREATER FLEXIBILITY FOR THE LOCATIONS OF MEDICAL SERVICES (GPA/TA/ER 22-04). (MANDEVILLE/CODRON —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, take the following actions to provide greater flexibility for the locations of medical services in the City: 1) Approve in concept amendments to General Plan Policies LU 3.4.2.C, LU 3.6.1 and LU 3.6.2 to provide greater flexibility for the locations of medical services. 2) Approvein concept an ordinance allowing certain types of medical services to be located in the C-S and BP zoning districts, with the approval of an Administrative Use Permit. 3) Approve in concept a Negative.Declaration of Environmental Impact for the project. 4) Continue this item to the July 6, 2004 Council meeting for adoption of the General Plan amendment, introduction of the ordinance, and approval of the Negative Declaration. 6. GENERAL PLAN AMENDMENT AND REZONE FROM MEDIUM DENSITY RESIDENTIAL TO TOURIST COMMERCIAL FOR PROPERTY LOCATED AT 1661 MILL STREET (GP/R/ER 37-04). (MANDEVILLE/DUNSMORE 45 MINUTES) RECOMMENDATION: Adopt a resolution conceptually approving a Mitigated Negative Declaration of environmental impact and amendment to the City's Land Use Element Map and Zoning Map designations from Medium Density Residential (R-2) to Tourist Commercial (C-T-S), which directs staff to return the project to the Council at the July 6, 2004, regular meeting, to formally adopt a resolution and ordinance for the project. 7. WATER AND WASTEWATER IMPACT FEES. (MOSS/BAASCH — 60 MINUTES) RECOMMENDATION: Adopt a resolution amending water and wastewater impact fees effective September 1, 2004. 8. ADOPTION OF 2004-05 BUDGET. (HAMPIAN/STATLER/DOMINGUEZ— 60 MINUTES) RECOMMENDATION: Adopt a resolution approving amendments to the 2003-05 Financial Plan and appropriating funds for fiscal year 2004-05. 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, June 15, 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). A. ADJOURN. 6