Loading...
HomeMy WebLinkAbout08/03/2004, AGENDA t council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, August 3, 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 BUSINESS ITEM 1. 2003 ANNUAL TRAFFIC SAFETY REPORT. (MCCLUSKEY/BOCHUM/HUDSON — 30 MINUTES) RECOMMENDATION: 1) Receive the 2003 Annual Traffic Safety Report and associated mitigation strategies. AC77ON: Report received. PUBLIC HEARINGS 2. USE PERMIT, VESTING TENTATIVE TRACT MAP, AND ENVIRONMENTAL REVIEW FOR A MIXED-USE PROJECT WITH 82 DWELLINGS AND 31,280 SQUARE FEET OF COMMERCIAL FLOOR AREA, WITH A REQUEST FOR A MIXED-USE PARKING REDUCTION, 3592 BROAD (UITR/ER 23-04) (MANDEVILLE/CODRON — 60 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, adopt a resolution approving the Use Permit, Vesting Tentative Tract Map, and Mitigated Negative Declaration for the project. ACTION: Resolution No. 9594 (2004 Series) adopted. (3:2; Mulholland, Schwartz opposed) 1 Council Agenda Tuesxeay, August 3, 2004 Action Update PRESENTATION Mark Shaffer, Executive Director Ride-On Transportation, gave a presentation regarding the various Ride-On Services offered in the City of San Luis Obispo. 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. Kathleen McFadden, San Luis Obispo, expressed appreciation for the ballot measure committee Save San Luis Obispo, and asked Council to consider the voice of the people and to suspend action on the Marketplace items on the agenda. Gary.Fowler, San Luis Obispo, expressed concern regarding many of the issues he has brought up to Council in the past, especially the senior center and the cost of the Nacimiento Water Project for seniors. Michael Helper, San Luis Obispo, asked Council to suspend action on the Marketplace project and to allow voters to decide the issue. Peggy Koteen, San Luis Obispo, asked Council to change the Downtown Association's rule banning distribution of adhesive materials, such as bumper stickers, at the Thursday Night Farmers Market She stated that it is a violation of freedom of speech. Bill Rosensteel, Republican Party, read a letter from Tom Bordonaro asking Council to look into the Downtown Association Farmers Market rule prohibiting political materials with adhesive (letter on file in the City Clerk's Office). Tom Hutchings, Green Party, thanked Council for agendizing the bumper sticker issue. Gail Lightfoot, Libertarian Party, also spoke in protest of the adhesive bumper sticker ban. Sanford Cook, Democratic Party, also spoke in protest of the adhesive bumper sticker ban and asked Council to take immediate action. Council Agenda - Tuesuay, August 3, 2004 Action Update Evelyn Delmartini, Republican Women, also spoke in protest of the adhesive bumper sticker ban. Linda Donnelly, Morro Bay, also spoke in protest of the adhesive bumper sticker ban. Council directed staff to place this issue on the August 17th Council meeting. Cliff Branch. San Luis Obispo, asked Council to look into the problem of unattractive gateways to the City, especially the Corp Yard area. Council referred this issue to staff. Eugene Jud. San Luis Obispo, spoke on behalf of the Save San Luis Obispo ballot measure committee and asked Council to suspend action on the Marketplace. project Dennis Adams, expressed concern regarding Downtown Association issues. Tenn Moylan. San Luis Obispo, stated that he is new to the community and a member of the Save San Luis Obispo committee, and asked Council to allow the voters to decide the Marketplace issue. 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 MONDAY, JUNE.28, 2004 SPECIAL MEETING, TUESDAY, JUNE.29, 2004 SPECIAL MEETING AND TUESDAY, JULY 6, 2004 REGULAR MEETING. (REYNOLDS) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved as amended. (5:0). C2. FINAL PASSAGE OF AN ORDINANCE PREZONING VARIOUS AREAS OF THE DALIDIO ANNEXATION SITE AND APPROVING A PRELIMINARY DEVELOPMENT PLAN.FOR THE RETAIL COMPONENT KNOWN AS THE MARKETPLACE (R 108-02). (MANDEVILLE/RICCI) RECOMMENDATION: Grant final passage to Ordinance No. 1449 (2004 Series), which upholds an appeal of the Planning Commission's proposed denial of a proposed prezoning for the Dalidio Annexation and prezones: 48.7 acres of the property to C-R- PD, Retail-Commercial with the Planned Development overlay zoning; 8.1 acres as 0- S, Office with the Special Consideration overlay zoning; 3,3 acres as R-3-S, Medium- 3 Council Agenda Tuesuay, August 3, 2004 Action Update High Density Residential with the Special Consideration overlay zoning; 45 acres as AG, Agriculture; 9.7 acres as C/OS-40, Conservation/Open Space with a 40-acre minimum parcel size; with the remainder 16.2 acres allocated toward roads and interchange right-of-way, to be consistent with the amended LUE map designations based on findings. The ordinance also includes the approval of a Preliminary Development Plan for the San Luis Obispo Marketplace component of the project in conjunction with that part of the site's C-R-PD zoning, Retail-Commercial with the Planned Development overlay. ACTION. Ordinance No. 1449(2004 Series) adopted as amended. (3:1:1, Mulholland, Settle recused). C3. ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 1661 MILL STREET AND 1231 LAUREL LANE.(R 37-04 AND R 121-03). (MANDEVILLE/DUNSMORE) RECOMMENDATION: Grant final passage to Ordinance No. 1450 (2004 Series). ACTION: Ordinance No. 1450(2004 Series)adopted. (5:0). C4. FINAL PASSAGE OF ORDINANCE NO. 1451 (2004 SERIES). AMENDING THE ZONING REGULATIONS TO ALLOW CERTAIN MEDICAL SERVICES IN THE SERVICE COMMERCIAL (C-S) AND BUSINESS PARK (BP) ZONES. (MANDEVILLE/CODRON) RECOMMENDATION: Grant final passage to Ordinance No. 1451 (2004 Series). ACTION: Ordinance No. 1451 (2004 Series) adopted. (5:0). C5. WATER RECLAMATION FACILITY (WRF) DISSOLVED AIR FLOTATION THICKENER (DAFT) REPAIR, SPECIFICATION NO. 90461. (MCCLUSKEY/MCGUIRE) RECOMMENDATION: 1) Reject all bids for the "WRF DAFT Repair", Specification No. 90461. 2) Authorize staff to advertise for bids in Spring, 2005 and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $200,000. ACTION: Approved. (5:0). C6. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATEIALTERNATE 2004. (REYNOLDS) RECOMMENDATION: Designate Mayor Romero as the voting delegate and Vice Mayor Schwartz as the voting alternate to the League of California Cities Annual Conference. 4 Council Agenda - Tueauay, August 3, 2004 Action Update ACTION: Approved, as amended, designating Council Member Settle as voting alternate. (5:0). C7. APPROVAL OF AMENDMENT NO. 1 TO FUGRO WEST AGREEMENT— WATER REUSE MATERIALS TESTING AND INSPECTION SERVICES. (MOSS/DISIMONE) RECOMMENDATION: Approve Amendment No. 1 to the agreement with Fugro West, Inc., to complete the remaining materials testing and inspection services for the Water Reuse Project, cost not to exceed $32,000. ACTION. Approved. (5:0). C8. SWIM CENTER SAND FILTRATION PROJECT, SPECIFICATION NO. 90351. (MCCLUSKEY/SMITH) RECOMMENDATION: 1) Award a contract in the amount of $237,600 to NADAR for "Swim Center High Rate Sand Filtration, Specification No. 90351" and authorize the Mayor to execute the agreement. 2) Approve using $12,600 from budgeted contingencies to cover the difference between the bid amount and the engineer's estimate. ACTION. Approved. (5:0). C9. GRANT APPLICATION SUBMITTALS FOR POLICE SERVICES. (LINDEN/BISHOP) RECOMMENDATION: 1) Authorize staff to submit a grant application to the Federal Bureau of Justice Assistance for a 2004 Local Law Enforcement Block Grant in the amount of $9,800, which will require City matching funds in the amount of $1,089. 2) Authorize staff to submit a grant application to the State of California Board of Correction for a 2004 Juvenile Accountability Incentive Block Grant in the amount of $6,167, which will require City matching funds in the amount of $685. 3) Authorize the Chief of Police to execute all grant related documents. ACTION. Approved. (5.0). C10. ACCEPTANCE OF STATE GRANT FOR $75,000 TO INCREASEALCOHOL EDUCATION AND ENFORCEMENT PROGRAMS. (LINDEN/BISHOP) RECOMMENDATION: 1) Adopt a resolution to increase education and enforcement. programs focusing on underage drinking and to enter into a contract with the State to accept $75,000 in grant funding provided through the Alcoholic Beverage Control in cooperation with the Enforcing Underage Drinking Laws Community Trials Initiative Program. 2) Authorize the Chief of Police to execute all grant related documents. 5 Council Agenda Action Update Tuesuay, August 3, 2004 ACTION. 1) Resolution No. 9595(2004 Series) adopted. 2)Approved. (5:0). PUBLIC HEARINGS, CONTINUED 3. CONSIDERATION.AND REVIEW OF REQUEST FOR THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE PROPERTY OWNER AND THE.DEVELOPER OF THE SAN LUIS OBISPO MARKETPLACE PROJECT AS WELL AS A SPECIAL TAX REIMBURSEMENT AGREEMENT AND CONSERVATION EASEMENT AGREEMENT. (LOWELUGEORGE/STANWYCK—3 HOURS) PLANNING COMMISSION RECOMMENDATION: Do not adopt the proposed Development Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace Project. CAO RECOMMENDATION: 1) Based on findings, introduce an ordinance approving the Development Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace and authorize the Mayor to execute the agreement. 2) Approve the Special Tax Reimbursement Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace and authorize the Mayor to execute the agreement. 3) Adopt a resolution approving a Conservation Easement Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace and authorize the Mayor to execute the agreement. ACTION. 1) Ordinance No. 1452(2004 Series) introduced as amended. 2) Approved. 3)Resolution No. 9596(2004 Series) adopted as amended. (3:1;1, Mulholland, Settle recused). 4. APPEAL OF THE PLANNING.COMMISSION'S ACTION APPROVING A USE PERMIT TO ALLOW AN OUTDOOR BARBEQUE.IN CONJUNCTION WITH AN EXISTING DELI (OLD COUNTRY DELII_AT.600-MARSH STREET (AP-PC 49- 04). (MANDEVILLE/BRITZ—60 MINUTES) RECOMMENDATION: Adopt a resolution, denying the appeal, and upholding the Planning Commission action to approve the Use Permit to allow the outdoor barbeque, based on findings, and subject to conditions. ACTION. Resolution.No. 9597(2004 Series)adopted 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. 6 Council Agenda Tuesuay, August 3, 2004 Action Update Mayor Romero provided information to the Council regarding the City of Paso Robles participation in the Nacimiento Water Supply Project(memo on file in the City Clerk's Office). Council Member Ewan reported on the July 28"'Air Pollution Control District (APCD)meeting(memo on file in the City Clerk's Office). Council Member Mulholland reported on the July 8t' Mayor's Advisory Body Chair Quarterly meeting and the July 28,' Economic Vitality Corporation (EVC)Board of Directors meeting. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). Mayor Romero reported to Council on the July 28th meeting with the Corps of Engineers regarding Salinas Dam (memo on file in the City Clerk's Office). A. ADJOURN. 7 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 9 9 0 PALM STREET Tuesday, August 3, 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 BUSINESS ITEM 1. 2003 ANNUAL TRAFFIC SAFETY REPORT. (MCCLUSKEY/BOCHUM/HUDSON —30 MINUTES) RECOMMENDATION: 1) Receive the 2003 Annual Traffic Safety Report and associated mitigation strategies. ® 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 Tuesld , August 3, 2004 PUBLIC HEARINGS 2. USE PERMIT, VESTING TENTATIVE TRACT MAP, AND ENVIRONMENTAL REVIEW FOR A MIXED-USE PROJECT WITH 82 DWELLINGS AND 31,280 SQUARE FEET OF COMMERCIAL FLOOR AREA, WITH A REQUEST FORA MIXED-USE PARKING REDUCTION; 3592 BROAD (U/TR/ER 23-04) (MAN DEVI LLE/COD RON — 60 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, adopt a resolution approving the Use Permit, Vesting Tentative Tract Map, and Mitigated Negative Declaration for the project. 7:00 P.M. PRESENTATION PRESENTATION FROM MARK SHAFFER, EXECUTIVE DIRECTOR RIDE-ON TRANSPORTATION, REGARDING.RIDE-ON SERVICES. — 5 MINUTES PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov.Code Sec.54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall 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 MONDAY, JUNE.28, 2004 SPECIAL MEETING, TUESDAY, JUNE 29, 2004 SPECIAL MEETING AND.TUESDAY, JULY 6, 2004 REGULAR MEETING. (REYNOLDS) RECOMMENDATION: Waive oral reading and approve as presented. 3 Council Agenda Tueso TuesAugust 3, 2004 C2. FINAL PASSAGE OF AN ORDINANCE PREZONING VARIOUS AREAS OF THE DALIDIO ANNEXATION SITE AND APPROVING.A_PRELIMINARY DEVELOPMENT PLAN FOR THE RETAIL COMPONENT KNOWN AS THE MARKETPLACE (R 108-02). (MAN DEVILLE/RI CCI) RECOMMENDATION: Grant final passage to Ordinance No. 1449 (2004 Series), which upholds an appeal of the Planning Commission's proposed denial of a proposed prezoning for the Dalidio Annexation and prezones: 48.7 acres of the property to C-R- PD, Retail-Commercial with the Planned Development overlay zoning; 8.1 acres as 0- S, Office with the Special Consideration overlay zoning; 3.3 acres as R-3-S, Medium- High Density Residential with the Special Consideration overlay zoning; 45 acres as AG, Agriculture; 9.7 acres as C/OS-40, Conservation/Open Space with a 40-acre minimum parcel size; with the remainder 16.2 acres allocated toward roads and interchange right-of-way, to be consistent with the amended LUE map designations based on findings. The ordinance also includes the approval of a Preliminary Development Plan for the San Luis Obispo Marketplace component of the project in conjunction with that part of the site's C-R-PD zoning, Retail-Commercial with the Planned Development overlay. C3. ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 1661 MILL STREET AND 1231 LAUREL LANE (R 37-04 AND R 121-03). (MANDEVILLE/DU NSMORE) RECOMMENDATION: Grant final passage to Ordinance No. 1450 (2004 Series). C4. FINAL PASSAGE OF ORDINANCE NO. 1451 (2004 SERIES), AMENDING_ THE, ZONING REGULATIONS TO ALLOW CERTAIN MEDICAL SERVICES IN THE SERVICE COMMERCIAL (C-S) AND BUSINESS PARK (BP) ZONES. (MANDEVILLE/CODRON) RECOMMENDATION: Grant final passage to Ordinance No. 1451 (2004 Series). C5. WATER.RECLAMATION FACILITY (WRF) DISSOLVED AIR FLOTATION THICKENER (DAFT) REPAIR, SPECIFICATION NO. 90461. (MCCLUSKEY/MCGUIRE) RECOMMENDATION: 1) Reject all bids for the "WRF DAFT Repair", Specification No. 90461. 2) Authorize staff to advertise for bids in Spring, 2005 and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $200,000. 4 Council Agenda ft Tues �, August 3, 2004 C6. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATEIALTERNATE 2004. (REYNOLDS) RECOMMENDATION: Designate Mayor Romero as the voting delegate and Vice Mayor Schwartz as the voting alternate to the League of California Cities Annual Conference. C7. APPROVAL OF AMENDMENT NO. 1 TO FUGRO WEST.AGREEMENT— WATER REUSE MATERIALS TESTING AND INSPECTION SERVICES. (MOSS/DISIMONE) RECOMMENDATION: Approve Amendment No. 1 to the agreement with Fugro West, Inc., to complete the remaining materials testing and inspection services for the Water Reuse Project, cost not to exceed.$32,000. C8. SWIM CENTER SAND FILTRATION PROJECT, SPECIFICATION NO. 90351. (MCCLUSKEY/SMITH) RECOMMENDATION: 1) Award a contract in the amount of $237,600 to NADAR for Swim Center High Rate Sand Filtration, Specification No. 90351" and authorize the Mayor to execute the agreement. 2) Approve using $12,600 from budgeted contingencies to cover the difference between the bid amount and the engineer's estimate. C9. GRANT APPLICATION SUBMITTALS FOR POLICE SERVICES. (LINDEN/BISHOP) RECOMMENDATION: 1) Authorize staff to submit a grant application to the Federal Bureau of Justice Assistance for a 2004 Local Law Enforcement Block Grant in the amount of $9,800, which will require City matching funds in the amount of $1,089. 2) Authorize staff to submit a grant application to the State of California Board of Corrections for a 2004 Juvenile Accountability Incentive Block Grant in the amount of $6,167, which will require City matching funds in the amount of $685. 3) Authorize the Chief of Police to execute all grant related documents. C10. ACCEPTANCE OF STATE GRANT FOR $75,000 TO INCREASE ALCOHOL EDUCATION AND ENFORCEMENT PROGRAMS. (LINDEN/BISHOP) RECOMMENDATION: 1) Adopt a resolution to increase education and enforcement programs focusing on underage drinking and to enter into a contract with the State to accept $75,000 in grant funding provided through the Alcoholic Beverage Control in cooperation with the Enforcing Underage Drinking Laws Community Trials Initiative Program. 2) Authorize the Chief of Police to execute all grant related documents. 5 Council Agenda Tueso,August 3, 2004 PUBLIC HEARINGS, CONTINUED 3. CONSIDERATION AND REVIEW OF REQUEST FOR THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE PROPERTY OWNER AND THE DEVELOPER OF THE SAN LUIS OBISPO MARKETPLACE PROJECT, AS WELL AS A SPECIAL TAX REIMBURSEMENT AGREEMENT AND CONSERVATION.EASEMENT AGREEMENT. (LOWELUGEORGE/STANWYCK-3 HOURS) PLANNING COMMISSION RECOMMENDATION: Do not adopt the proposed Development Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace Project. CAO RECOMMENDATION: 1) Based on findings, introduce an ordinance approving the Development Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace and authorize the Mayor to execute the agreement. 2) Approve the Special Tax Reimbursement Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace and authorize the Mayor to execute the agreement. 3) Adopt a resolution approving a Conservation Easement Agreement with the Property Owner and the Developer of the San Luis Obispo Marketplace and authorize the Mayor to execute the agreement. 4. APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING_A USE PERMIT TO ALLOW AN OUTDOOR BARBEQUE IN CONJUNCTION WITH-AN EXISTING DELI (OLD COUNTRY DELI) AT 600 MARSH STREET (AP-PC 49 04). (MANDEVILLE/BRITZ— 60 MINUTES) RECOMMENDATION: Adopt a resolution, denying the appeal, and upholding the Planning Commission action to approve the Use Permit to allow the outdoor barbeque, based on findings, and subject to conditions. 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. 6