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HomeMy WebLinkAbout12/07/2004, AGENDA council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 7, 2004 Action Update 4:00 P.M.' REGULAR MEETING Council Chamber 990 Palm Street *NOTE EARLY START TIME Present: Council Members Paul Brown, Christine Mulholland, Allen K. Settle, Vice Mayor John Ewan, Mayor Dave Romero INTRODUCTION Utilities Director Moss introduced the following new employees in the Utilities Department: Kelly Lindsay, Underground Utilities Locator for Water Distribution and Brett Weathersbee, City Worker Vl!for Wastewater Collection Division. PRESENTATION Mayor Rom presented Carolyn Dominguez with an Award of Excellence in Financial Reporting. MavorRomero presented the Family of the Year proclamation to the Paul and Bridget Ready Family. 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. DAMON GARCIA SHADE STRUCTURE DONATION. (LESAGE/BLAKE) RECOMMENDATION: Accept the Family and Friends of Adrian Brown's offer to donate a shade structure at the Damon-Garcia Sports Fields and authorize the Mayor, on behalf of the City, to enter into a donor agreement with the Friends and Family of Adrian Brown. ACTION: Approved(5:0). Council Action Update Tuesday, L.;., mber 7, 2004 C2. ADOPTION OF AN ORDINANCE.AMENDING THE.PLANNED DEVELOPMENT ORDINANCE FOR 55 BROAD STREET TO ALLOW THE ADDITION OF TWENTY NEW SENIOR APARTMENTS INCLUDING A CREEK SETBACK EXCEPTION AND A PARKING STUCTURE (PD/ER 163-02). (MANDEVILLE/DUNSMORE) RECOMMENDATION` Adopt Ordinance No. 1465, amending the Planned Development to allow twenty new senior apartments, a creek setback exception and a new parking structure.. ACTION. Ordinance No. 1465(2004 Series)adopted(5:0). C3. STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS. (WALTER/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. 9628(2004 Series) adopted(5:0). C4. WATER REUSE PROJECT- AMENDMENT#5.FOR OFFICE ENGINEERING SERVICES EXTENSION. (MOSS) RECOMMENDATION: 1. Approve Addendum #5 in the amount of $127,040 to the agreement with Brown and Caldwell Consultants for extension of Office Engineering Services. 2. Authorize transfer of $127,040 from Water Fund working capital to Water Reuse design to cover the additional costs of this addendum. ACTION. Approved(5:0). C5. BANNER AND FLAG-POLICY REVISIONS., (LESAGE/FITZGERALD) RECOMMENDATION: As recommended by the Parks and Recreation Commission and the Downtown Association, adopt a resolution approving minor changes to the City s Banner and Flag Policy. ACTION. Resolution No. 9629(2004 Series)adopted(5:0). C6. FLEET REPLACEMENT —WASTEWATER COLLECTION CLOSED CIRCUIT TELEVISION INSPECTION UNIT, SPECIFICATION NO. 90431. (MOSS/NANCE) RECOMMENDATION: 1. Approve a single source purchase and authorize the CAO to execute an agreement for the purchase of a Closed Circuit Television Unit/Vehicle from Advanced Infrastructure Technologies for $116,155. 2. Approve a budget amendment request increasing sewer fund revenues by$22,000 from the sale of surplus unit and transferring $18,000 from these revenues to Specification No. 90431. ACTION. Approved(5:0). 2 Council Action Update ® Tuesday, L..,.2mber 7, 2004 C7. UTILITY-TRENCH REPAIR — FALL 2004, SPECIFICATION 90511. (WALTER/WALKER) RECOMMENDATION: 1. Approve Specifications for"Utility Trench Repair— Fall 2004, Specification No. 90511." 2. Authorize staff to advertise for bids. 3. Authorize the CAO to award the contract to the lowest responsible bidder within the engineer's estimate of $73,520. ACTION. Approved(5:0). C8. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2366, A 14-LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 936 FULLER ROAD (STONE CREEK DEVELOPMENT, SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2366. ACTION: Resolution No. 9630(2004 Series) adopted(5:0). C9. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2372, A 15-LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 906 CALLE DEL CAMINOS (BERGANTZ DEVELOPMENT CORPORATION, SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2372. ACTION: Resolution No. 9631 (2004 Series) adopted(50). C10. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2401, A 54-LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY.ROAD (OBISPO ESTATES-LOVR-5L0. LLc rR.W. HERTELI_SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2401. ACTION: Continued this matter until after staff has re-inspected, accompanied by members of the Homeowners'Association, public improvements to ensure they meet City standards; adopted(4:0:1 Settle abstaining). C11. FINAL MAP APPROVAL FOR TRACT 2490,..A.7-LOT COMMON INTEREST RESIDENTIAL SUBDIVISION AT 2903.BROAD ST. (BOLDUAN FAMILY TRUST. SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution approving the final map for Tract 2490 and authorizing the Mayor to execute the subdivision agreement on behalf of the City. ACTION: Resolution No. 9632(2004 Series) adopted(5:0). 3 Council Action Update ® Tuesday, b�.,ember 7, 2004 C12. RESOLUTION THAT CLARIFIES THE INTENT OF THE DANA STREET ABANDONMENT, (RESOLUTION NO. 2472 (1973 SERIESI); THE ABANDONMENT DID NOT INCLUDE ABANDONMENT OF HAYS STREET. (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution that clarifies the intent of the Dana Street abandonment (Resolution No. 2470 [1973 Series]) and direct the City Clerk to Record said clarifying resolution with the County Clerk Recorder. ACTION. This item was pulled from the agenda and will be considered by Council at a later date. No action was taken on it at this meeting. C13. ANNUAL.STATEMENT OF DEVELOPMENT.IMPACT FEES. (STATLER/DOMINGUEZ) RECOMMENDATION: Receive and file annual statements of revenues and expenditures from development impact fees for 2003-04 (water, wastewater and transportation). ACTION. Approved(5:0). BUSINESS ITEMS 1. UTILITY RATE STRUCTURE AND BILLING-SYSTEM REVIEW. (MOSS/STATLER— 30 MINUTES) RECOMMENDATION: 1. Review and discuss utility rate structure and billing system issues. 2. Authorize the City Administrative Officer to issue a Request for Proposals for the following financial and engineering services: a. Review issues and make recommendations regarding the need for any modifications to the City's water and sewer rate structures; b. Provide an analysis of available utility billing systems; c. Provide an analysis of remote meter reading systems and the benefits/costs to be realized with remote read systems; and d. Provide an analysis and recommendation regarding billing frequency. 3. Authorize the City Administrative Officer to award a contract for services, if within the estimate of $47,500. 4. Support expansion of City's utility billing services with web-enabled functionality. ACTION: Approved(5:0). 2. GROUNDWATER PROJECT: PHASE 1 EVALUATION OF PROJECT ALTERNATIVES AND POTENTIAL IMPACTS. (MOSS/HENDERSON —30 MINUTES) RECOMMENDATION: 1. Receive and file report. 2. Direct staff to defer additional work associated with the Groundwater Development Project. 3. Direct staff to pursue the development of use of groundwater to meet non-potable irrigation needs of commercial or institutional customers where feasible. ACTION. Approved(5:0). 4 Council Action Update Tuesday, G%-..;ember 7, 2004 3. ACCEPTANCE OF AN OFFER OF DONATION OF A 1.05 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD AND SOUTH HIGUERA STREET. (GEORGE/HAVLIK— 10 MINUTES) RECOMMENDATION: Accept the recommendation of the Planning Commission and authorize the Mayor to adopt a resolution accepting the donation of a 1.05 acre parcel on the east side of San Luis Obispo Creek at Prado Road and South Higuera Street from Mr. Rob Olson, his wife Elise ("Peaches"), Randy Ramsay, and Lizbeth Gladwill, subject to easements of record and any non-substantive changes approved by the City Attorney, per Mr. Olson's letter offer of September 29, 2004. ACTION. Reso/ution.No. 9633 (2004 Series)adopted(5:0). PUBLIC HEARINGS 4. SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE. ADJUSTMENT APPLICATION. (MOSS/MUNDS—20 MINUTES) RECOMMENDATION: Adopt a resolution increasing solid waste rates by 3.42% for interim year 2005 to become effective on February 1, 2005. ACTION: Resolution.No. 9634(2004 Series) adopted(5:0). 6:00 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street City Attorney Lowell announced the following Closed Session topics: 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator. Monica Moloney, Karen Jenny, Bill Avery Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) 2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code§ 54956.8 Property: 1049 Orcutt Road Landowner: Bullock Family Negotiating Parties: City of San Luis Obispo Jonathan P. Lowell, Tim Bochum Landowner: Bullock Family 5 i Council Action Update Tuesday, L.,,sember 7, 2004 Negotiations: Provide direction to City negotiators 3. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1636 Woodland Drive Negotiating Parties: City of San Luis Obispo: Neil Havlik Landowner: Bowden Ranch Partners, LC Negotiations: Whether to acquire 4. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: 485 Buckley Road Negotiating Parties: City of San Luis Obispo: Neil Havlik Landowner: Ercole and Naomie Brughelli Negotiations: Whether to acquire easement 5. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9 CLARA B. DALIDIO, an individual, DALIDIO FAMILY TRUST u/t/a dated October 29, 1987, THELMA F. PERROZI TRUST u/t/a dated February 7, 1991, CLARA B. DALIDIO TRUST u/t/a dated January 15, 1991 and SAN LUIS OBISPO MARKETPLACE ASSOCIATES, LLC, a California limited liability company vs. AUDREY HOOPER, City Clerk of the City of San Luis Obispo; CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 040995 City Attorney Lowell reported that the Closed Sessions were held and direction was provided to the City's negotiators related to Items 1 through 4 and to the City Attorney related to Item 5. 7:00 P.M. PUBLIC HEARINGS 5. PUBLIC HEARING OF EMINENT_DOMAIN PROCEEDINGS FOR THE.A000ISITION OF CERTAIN REAL PROPERTY INTERESTS REGARDING_THE CALLS JOAOUIN RELOCATION. (LOWELUBOCHUM — 15 MINUTES) RECOMMENDATION: Open the hearing, review facts, accept comments, close the hearing and adopt the Resolution of Necessity to initiate eminent domain proceedings against the subject property. 6 Council Action Update Tuesday, L�cember 7, 2004 ACTION. Resolution No. 9635(2004 Series) adopted(4:0:1 Settle absent). 6. NOMINATION OF PROPERTY LOCATED AT 2030 JOHNSON AVENUE TO THE MASTER LIST OF HISTORIC RESOURCES. (MANDEVILLE/HOOK— 10 MINUTES) RECOMMENDATION: As recommended by the Cultural Heritage Committee, adopt a resolution adding the property to the Master List of Historic Resources. ACTION. Resolution No. 9636(2004 Series)adopted(5:0). 7. REQUEST TO AMEND THE GENERAL PLAN, ADJUST THE DEVELOPMENT LIMIT LINE AND REZONE THE PROPERTY AT 215 BRIDGE.STREET TO ACCOMMODATE A PLANNED DEVELOPMENT THAT WILL INCLUDE SIXTEEN RESIDENTIAL SITES AND AN EIGHT-UNIT COMMERCIAL CONDOMINIUM PROJECT (GP/R/TR/ER 64-03).. (MANDEVILLE/DUNSMORE— 90 MINUTES) RECOMMENDATION: As recommended by the Planning Commission at a public hearing on October 27, 2004: 1. Adopt a resolution amending the General Plan Land Use Element map to change the land use designation from Services and Manufacturing to Medium-Density Residential (for a portion of the site) and adjust the hillside development limit line from the 175-foot contour to the 185-foot contour, and approving a revised Mitigated Negative Declaration (ER 64-03). 2. Introduce an ordinance changing the zoning on the subject property below the 185-foot elevation contour from Manufacturing and Conservation Open Space to Medium-Density Residential Planned Development and Manufacturing Planned Development (R-2-PD and M-PD). 3. Adopt a resolution approving a subdivision with sixteen residential lots and a reminder parcel, and a commercial condominium with eight commercial airspace units, including a creek setback exception to allow the replacement of the vehicular bridge with a clear span design. ACTION. 1. Resolution No. 9637(2004 Series)adopted. 2. Ordinance No. 1467(2004 Series introduced. 3. Resolution No. 9638(2004 Series)adopted(4:1 Mulholland opposed) with the following amendments: 1) Parking areas are to be kept clear for parking purposes only and the carports are to be kept free of storage so that water can flow through at all times without impediment. This requirement will be included in the CC&Rs. 2) The trail is to be improved to the edge of the property and the Natural Resources Manager will stake a route connecting it to the existing trail. 3) The development limit line is to be set at a 190-foot contour. 4) The appropriate language will be added requiring the subdivider to complete a map amendment with FEMA. 8. GENERAL.PLAN.AMENDMENT, SPECIFIC PLAN AMENDMENT, AND REZONE FROM SERVICES AND MANUFACTURING (C-S-SP-PD) TO OFFICE (0-SP) FOR PROPERTIES AT 715 AND 735 TANK FARM ROAD (GP/SP/R/ER 52-04). (MANDEVILLE/COREY—30 MINUTES) RECOMMENDATION: 1. Adopt a resolution approving a Negative Declaration of environmental impact (ER 52-04) and amending the General Plan Land Use Element map and Edna-Islay Specific Plan map to change the land use designations of the site from Services 7 Council Action Update Tuesday, L...;ember 7, 2004 and Manufacturing to Office. 2. Introduce an ordinance changing the zoning on the subject properties from Service Commercial Specific Planned Development (C-S-SP-PD) to Office Specific Plan (O-SP). ACTION: 1. Resolution No. 9639(2004 Series) adopted. 2. Ordinance No. 1468(2004 Series introduced(5:0). 9. CONSIDERATION OF A-LOT LINE ADJUSTMENT BETWEEN TWO PARCELS WITH AN EXCEPTION TO LOT WIDTH. 465 & 467 DANA STREET(LLA 177-04). (MAN DEVI LLE/COREY-30 MINUTES) RECOMMENDATION: Adopt a resolution approving a lot line adjustment, with an exception to the Subdivision Regulations, based on findings and subject to code requirements. ACTION: Resolution No. 9640(2004 Series)adopted(5:0). BUSINESS ITEMS 10. INTRODUCE-AN ORDINANCE ENABLING SAFETYENHANCEMENT ZONES IN THE _ CITY OF SAN LUIS OBISPO..AND ESTABLISHING A CITY-WIDE SAFETY ENCHANCEMENT ZONE.DURING MARDI GRAS. (LINDEN%BLANKE — 15 MINUTES) RECOMMENDATION: That the City Council introduce an ordinance adding Chapter 9.22 to Title 9 of the San Luis Obispo Municipal Code that would: 1. enable the designation of Safety Enhancement Zones in the City of San Luis Obispo to temporarily increase fines and penalties for certain Municipal Code violations for a designated time period; and, 2. establish a city-wide Safety Enhancement Zone during the period of Mardi Gras each year. ACTION. Ordinance No.1469(2004 Series) introduced(5r0). 11. COUNCIL-LIAISON-SUBCOMMITTEE ASSIGNMENTS 2005. (HOOPER—5 MINUTES) RECOMMENDATION: Approve Council Liaison Subcommittee assignments for calendar year 2005 as listed in Attachment 1. ACTION. Approved(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 her recent attendance at an Economic Vitality Corporation meeting and a Cultural Heritage Committee meeting. 8 Council Action Update Tuesday, L_.:ember7, 2004 Vice Mayor Ewan reported on his attendance last week at the Air Pollution Control District meeting. Mayor Romero noted that he will attend the San Luis Obispo Council of Governments meeting Wednesday morning. 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). None. A. ADJOURN. 9 Page 1 of 1 Allen Settle - City council meeting - 215 Bridge St. RECEIVED y From: "Finger,Troy" <TEF2@pge.com> SLO CITY CLERK To: <dromero@slocity.org>, <jewan@slocity.org>, <cmulholl@slocity.org>, <asetde@slocity.org>, <pbrown@slodty.org> Date: 12/7/2004 8:21 AM Subject: City council meeting -215 Bridge St. Dear council members: The proposed trail to the City open space for this project is: 1. hazardous to the public and a liability to the City. 2. in violation of City policies. The access starts at a private driveway on Bridge Street, traversing a long, narrow(20'wide) private road with commercial establishments, and then to a private area with no sidewalks. Families and children forced to walk in roads is a liability to the city, but staff is stating in public record that this is good for the public, an amenity. The city has no money to take on another liability for the benefit of this applicant. Who will take this narrow private driveway when the South Hills Open Space trailhead on Woodbridge St. has full access to all modes of transportation and to all areas of the City including Bridge St. through the Meadow park annex? In addition, a substantial trail will be required through the South Hills Open Space to connect this private driveway to the trail head. City policies require this to be part of the South Hills Open Space Management Plan. This sends the wrong signal, that everyone can have their own private access to the open space without following any general plan. I ask that you, Remove the trail from this application, item 10, pg. 7-104 of the vesting tract map resolution. Do not accept this trail as a justification for a PUD, this is a hazard to the public and a liability to the City. Sincerely, aAAJ Troy Finger COUNCIL jCDD DIR 473 Woodbridge St. ACO F TIRE CHIEF SLO f P, 10RNEY �PVV DIR , CLERK/ORIG ,'POLICE CHF ❑ DF-PT DF-PTHEADSP-REC DIR RED FILE � u-`� TIL DIR MEETI G AGENDA r �" DAT ITEM # 1 file://C:\Documents%20and%20Settings\slouser\Local%20Settings\Temp\GW)00001.HTM 12/7/2004 council apenaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 7, 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 Paul Brown, Christine Mulholland, Allen K. Settle, Vice Mayor John Ewan, Mayor Dave Romero INTRODUCTION INTRODUCTION OF NEW UTILITIES DEPARTMENT EMPLOYEES. (MOSS) PRESENTATION PRESENTATION OF AWARD FOR EXCELLENCE IN FINANCIAL REPORTING TO CAROLYN.DOMINGUEZ. (STATLER — 1.5 MINUTES) PRESENTATION OF THE FAMILY OF THE YEAR PROCLAMATION. (ROMERO — 5 MINUTES) goCity 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 7, 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. DAMON GARCIA SHADE STRUCTURE DONATION. (LESAGE/BLAKE) RECOMMENDATION: Accept the Family and Friends of Adrian Brown's offer to donate a shade structure at the Damon-Garcia Sports Fields and authorize the Mayor, on behalf of the City, to enter into a donor agreement with the Friends and Family of Adrian Brown. C2. ADOPTION OF-AN ORDINANCE..AMENDING THE PLANNED DEVELOPMENT ORDINANCE FOR 55 BROAD STREET TO ALLOW THE ADDITION OF TWENTY NEW SENIOR APARTMENTS INCLUDING A CREEK SETBACK EXCEPTION AND PARKING STUCTURE (PD/ER 163-02). (MANDEVILLE/DUNSMORE) RECOMMENDATION: Adopt Ordinance No. 1465, amending the Planned Development to allow twenty new senior apartments, a creek setback exception and a new parking structure. C3. STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS. (WALTER/LYNCH) RECOMMENDATION: Adopt a resolution approving the revised City Standard Specifications and Engineering Standards for Construction Projects and rescind the previous resolution. C4. WATER.REUSE-PROJECT—AMENDMENT45 FOR OFFICE ENGINEERING SERVICES EXTENSION. (MOSS) RECOMMENDATION: 1. Approve Addendum #5 in the amount of $127,040 to the agreement with Brown and Caldwell Consultants for extension of Office Engineering Services. 2. Authorize transfer of $127,040 from Water Fund working capital to Water Reuse design to cover the additional costs of this addendum. C5. BANNER AND FLAG POLICY REVISIONS. (LESAGE/FITZGERALD) RECOMMENDATION: As recommended by the Parks and Recreation Commission and the Downtown Association, adopt a resolution approving minor changes to the City's Banner and Flag Policy. C6. FLEET REPLACEMENT --WASTEWATER COLLECTION CLOSED CIRCUIT TELEVISION INSPECTION UNIT, SPECIFICATION NO. 90431. (MOSS/NANCE) 3 i Council Agenda _ Tuesday, December 7, 2004 RECOMMENDATION: 1. Approve a single source purchase and authorize the CAO to execute an agreement for the purchase of a Closed Circuit Television Unit/Vehicle from Advanced Infrastructure Technologies for $116,155. 2. Approve a budget amendment request increasing sewer fund revenues by $22,000 from the sale of surplus unit and transferring $18,000 from these revenues to Specification No. 90431. C7. UTILITY TRENCH REPAIR--FALL 2004..SPECIFICATION 90511.. (WALTER/WALKER) RECOMMENDATION: 1. Approve Specifications for "Utility Trench Repair— Fall 2004, Specification No. 90511." 2. Authorize staff to advertise for bids. 3. Authorize the CAO to award the contract to the lowest responsible bidder within the engineer's estimate of $73,520. C8. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2366, A 14- LOT SINGLE.FAMILY RESIDENTIAL.DEVELOP__MENT LOCATED.AT 936 FULLER ROAD (STONE CREEK DEVELOPMENT,.SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2366. C9. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2372, A 15- LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 906 CALLE DEL CAMINOS (BERGANTZ DEVELOPMENT CORPORATION, SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2372. C10. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2401, A 54- LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY ROAD (OBISPO ESTATES-LOVR-SLO, LLC rR.W. HERTELI SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution accepting the public improvements and releasing the bonds for Tract 2401. C11. FINAL MAP APPROVAL FOR TRACT 2490, A7-LOT COMMON INTEREST RESIDENTIAL SUBDIVISION AT 2903 BROAD ST. (BOLDUAN FAMILY TRUST, SUBDIVIDER). (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution approving the final map for Tract 2490 and authorizing the Mayor to execute the subdivision agreement on behalf of the City. 4 Council Agenda Tuesday, December 7, 2004 C12. RESOLUTION THAT CLARIFIES THE.INTENT OF THE DANA.STREET ABANDONMENT, (RESOLUTION NO. 2472 (1973 SERIESD: THE ABANDONMENT DID NOT INCLUDE ABANDONMENT OF HAYS STREET. (WALTER/LIVICK) RECOMMENDATION: Adopt a resolution that clarifies the intent of the Dana Street abandonment (Resolution No. 2470 [1973 Series]) and direct the City Clerk to Record said clarifying resolution with the County Clerk Recorder. C13. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. (STATLER/DOMINGUEZ) RECOMMENDATION: Receive and file annual statements of revenues and expenditures from development impact fees for 2003-04 (water, wastewater and transportation). BUSINESS ITEMS 1. UTILITY RATE STRUCTURE AND BILLING SYSTEM REVIEW. (MOSS/STATLER — 30 MINUTES) RECOMMENDATION: 1. Review and discuss utility rate structure and billing system issues. 2. Authorize the City Administrative Officer to issue a Request for Proposals for the following financial and engineering services: a. Review issues and make recommendations regarding the need for any modifications to the City's water and sewer rate structures; b. Provide an analysis of available utility billing systems; c. Provide an analysis of remote meter reading systems and the benefits/costs to be realized with remote read systems; and d. Provide an analysis and recommendation regarding billing frequency. 3. Authorize the City Administrative Officer to award a contract for services, if within the estimate of $47,500. 4. Support expansion of City's utility billing services with web-enabled functionality.. 2. GROUNDWATER PROJECT: PHASE 1 EVALUATION OF PROJECT ALTERNATIVES AND POTENTIAL IMPACTS. (MOSS/HENDERSON —30 MINUTES) RECOMMENDATION: 1. Receive and file report. 2. Direct staff to defer additional work associated with the Groundwater Development Project. 3. Direct staff to pursue the development of use of groundwater to meet non-potable irrigation needs of commercial or institutional customers where feasible. 3. ACCEPTANCE OF AN OFFER OF DONATION OF A 1.05 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD AND SOUTH HIGUERA STREET. (GEORGE/HAVLIK— 10 MINUTES) 5 Council Agenda Tuesday, December 7, 2004 RECOMMENDATION: Accept the recommendation of the Planning Commission and authorize the Mayor to adopt a resolution accepting the donation of a 1.05 acre parcel on the east side of San Luis Obispo Creek at Prado Road and South Higuera Street from Mr. Rob Olson, his wife Elise ("Peaches"), Randy Ramsay, and Lizbeth Gladwill, subject to easements of record and any non-substantive changes approved by the City Attorney, per Mr. Olson's letter offer of September 29, 2004. PUBLIC HEARINGS 4. SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE ADJUSTMENT APPLICATION. (MOSS/MUNDS — 20 MINUTES) RECOMMENDATION: Adopt a resolution increasing solid waste rates by 3.42% for interim year 2005 to become effective on February 1, 2005. 6:00 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator. Monica Moloney, Karen Jenny, Bill Avery Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1049 Orcutt Road Landowner. Bullock Family Negotiating Parties: City of San Luis Obispo: Jonathan P. Lowell,Tim Bochum Landowner: Bullock Family Negotiations: Provide direction to City negotiators 6 Council Agenda Tuesday;-December 7, 2004 CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1636 Woodland Drive Negotiating Parties: City of San Luis Obispo: Neil Havlik Landowner: Bowden Ranch Partners, LC Negotiations: Whether to acquire CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 485 Buckley Road Negotiating Parties: City of San Luis Obispo: Neil Havlik Landowner: Ercole and Naomie Brughelli Negotiations: Whether to acquire easement 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 5. PUBLIC HEARING OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS REGARDING THE.CALLE.JOAQUIN RELOCATION. (LOWELUBOCHUM — 15 MINUTES) RECOMMENDATION: Open the hearing, review facts, accept comments, close the hearing and adopt the Resolution of Necessity to initiate eminent domain proceedings against the subject property. 6. NOMINATION OF PROPERTY LOCATED AT 2030 JOHNSON AVENUE TO THE MASTER LIST OF HISTORIC RESOURCES. (MANDEVILLE/HOOK— 10 MINUTES) RECOMMENDATION: As recommended by the Cultural Heritage Committee, adopt a resolution adding the property to the Master List of Historic Resources. 7 Council Agenda Tuesdays December 7, 2004 7. REQUEST TO AMEND THE GENERAL PLAN, ADJUST THE DEVELOPMENT LIMIT LINE.AND REZONE THE PROPERTY AT 215 BRIDGE STREET TO ACCOMMODATE A PLANNED DEVELOPMENT THAT WILL INCLUDE SIXTEEN RESIDENTIAL SITES AND AN EIGHT-UNIT COMMERCIAL CONDOMINIUM PROJECT (GP/R/TR/ER 64-03). (MANDEVILLE/DUNSMORE — 90 MINUTES) RECOMMENDATION: As recommended by the Planning Commission at a public hearing on October 27, 2004: 1. Adopt a resolution amending the General Plan Land Use Element map to change the land use designation from Services and Manufacturing to Medium-Density Residential (fora portion of the site) and adjust the hillside development limit line from the 175-foot contour to the 185-foot contour, and approving a revised Mitigated Negative Declaration (ER 64-03). 2. Introduce an ordinance changing the zoning on the subject property below the 185-foot elevation contour from Manufacturing and Conservation Open Space to Medium-Density Residential Planned Development and Manufacturing Planned Development (R-2-PD and M-PD). 3. Adopt a resolution approving a subdivision with sixteen residential lots and a reminder parcel, and a commercial condominium with eight commercial airspace units, including a creek setback exception to allow the replacement of the vehicular bridge with a clear span design. 8. GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT, AND REZONE FROM SERVICES AND MANUFACTURING (C-S-SP-PD)TO OFFICE (O-SP) FOR PROPERTIES AT 715 AND 735 TANK FARM ROAD (GP/SP/R/ER 52-04). (MANDEVILLE/COREY 30 MINUTES) RECOMMENDATION: 1. Adopt a resolution approving a Negative Declaration of environmental impact (ER 52-04) and amending the General Plan Land Use Element map and Edna-Islay Specific Plan map to change the land use designations of the site from Services and Manufacturing to Office. 2. Introduce an ordinance changing the zoning on the subject properties from Service Commercial Specific Planned Development (C-S-SP-PD) to Office Specific Plan (O-SP). 9. CONSIDERSATION.OF A LOT LINE ADJUSTMENT BETWEEN TWO PARCELS WITH AN EXCEPTION TO LOT WIDTH, 465 & 467 DANA STREET (LLA 177-04). (MAN DEVI LLE/COR EY— 30 MINUTES) RECOMMENDATION: Adopt a resolution approving a lot dine adjustment, with an exception to the Subdivision Regulations, based on findings and subject to code requirements. BUSINESS ITEMS 8 Council Agenda Tuesday, December 7, 2004 10. INTRODUCE AN ORDINANCE.ENABLING SAFETY ENHANCEMENT ZONES IN THE CITY OF SAN.LUIS OBISPO, AND ESTABLISHING A CITY-WIDE SAFETY ENCHANCEIVIENT ZONE.DURING MARDI GRAS. (LINDEN/BLANKE — 15 MINUTES) RECOMMENDATION: That the City Council introduce an ordinance adding Chapter 9.22 to Title 9 of the San Luis Obispo Municipal Code that would: 1. Enable the designation of Safety Enhancement Zones in the City of San Luis Obispo to temporarily increase fines and penalties for certain Municipal Code violations for a designated time period; and, 2. Establish a city-wide Safety Enhancement Zone during the period of Mardi Gras each year. 11. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2005. (HOOPER — 5 MINUTES) RECOMMENDATION: Approve Council Liaison Subcommittee assignments for calendar year 2005 as listed in Attachment 1. 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. 9 I council agcnba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 7, 2004 6:00 p.m. Closed Session Council Hearing Room 990 Palm Street COUNCIL AGENDA ADDENDUM CONFERENCE WITH LEGAL COUNSEL Existing Litigation Pursuant to Government Code § 54956.9 CLARA B. DALIDIO, an individual, DALIDIO FAMILY TRUST u/t/a dated October 29, 1987, THELMA F. PERROZI TRUST u/t/a dated February 7, 1991, CLARA B. DALIDIO TRUST u/t/a dated January 15, 1991 and SAN LUIS OBISPO MARKETPLACE ASSOCIATES, LLC, a California limited liability company vs. AUDREY HOOPER, City Clerk of the City of San Luis Obispo; CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Case No: CV 040995 ® Cablecast on Charter Communications 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.