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Home My WebLink About01/04/2005, AGENDA council agenda CITY OF SAN LUIS OBISPO CITY HALL, 9 9 0 PALM STREET Tuesday, January 4, 2005 Action Update 6:00 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street City Attorney Lowell announced the following Closed Session topics: 1. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Government Code § 54956.9: a) CITIZENS FOR PLANNING RESPONSIBLY, an unincorporated association vs. CITY OF SAN LUIS OBISPO, a Municipal Corporation, CITY COUNCIL of the CITY OF SAN LUIS OBISPO . San Luis Obispo County Superior Court Case No. CV 040619 b) 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 Court Case No. CV 040995 c) CLARA B. DALIDIO vs. AUDREY HOOPER, City Clerk of the City of San Luis Obispo, in her official capacity San Luis Obispo County Superior Court Case No. CV 041044 2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Council Agenda Tuesoay, January 4, 2005 Action Update Property: APN's 002-416-034 and 002-416-029 Negotiating Parties: City of San Luis Obispo: Wendy George, Shelly Stanwyck and Jonathan Lowell Landowner: San Luis Obispo Court Street, LLC Negotiations: Consider modification of terms of real property exchange agreement 3. LIABILITY CLAIMS Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Sharon McMahan 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization: Fire Battalion Chiefs' Association City Attorney Lowell reported on the following Closed Session items. Due to a potential conflict of interest, Council Member Settle was absent from Closed Session item 1. Item 1: Council heard status report on the 3 pending litigation matters pertaining to the Marketplace project. Item 2: Council authorized negotiations to modify real property exchange agreement for sale of City property at Palm and Morro. Item 3: Council provided direction to staff regarding claim. Item 4: Council provided direction to labor negotiators and an agreement is expected to be acted on at next regular meeting. 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Present: Council Members Paul Brown, Christine Mulholland, Allen K. Settle, Vice Mayor John Ewan, Mayor Dave Romero INTRODUCTION 2 Council Agenda Tues , January 4, 2005 Action Update Police Chief Linden introduced the following new employees in the Police Department. Jennifer Villanti, Communications Technician, and Officers John Lehr, Brent Inglehart and Taylor Peterson. At this time, Public Works Director Walter provided Council with an overview of circumstances related to the strong winter rains received over the weekend. A brief discussion ensued during which he responded to Council's questions. APPOINTMENT Al. APPOINTMENT RECOMMENDATION TO THE ZONE 9 ADVISORY COMMITTEE. (ROMERO/EWAN - 5 MINUTES) RECOMMENDATION: Recommend to the County Board of Supervisors the appointment of Terry Jackson to serve as the Citizen Member at Large to represent the City of San Luis Obispo on the Zone 9 Advisory Committee for a two-year period which will expire on December 31, 2006. ACTION. Approved(5:0). 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. Cl. APPROVE MINUTES OF TUESDAY, NOVEMBER 16, 2004, REGULAR MEETING, THURSDAY, NOVEMBER 18, 2004,SPECIAL MEETING, WEDNESDAY, DECEMBER 1. 2004, SPECIAL MEETING, TUESDAY, DECEMBER 7, 2004, REGULAR MEETING, AND TUESDAY, DECEMBER 14, 2004,SPECIAL_MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved(5:0). C2. ADOPTION OF ORDINANCE REZONING PROPERTY AT 215 BRIDGE STREET FROM MANUFACTURING (M) AND CONSERVATION/OPEN SPACE (C/OS-5)TO MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT (R-2-PD), MANUFACTURING:PLANNED DEVELOPMENT(M-PD) AND CONSERVATION/OPEN SPACE (C/OS-5). CITY FILE#: GP/R/ER 64-03. (MAN DEVI LLE/DU NSMOR E) RECOMMENDATION: Adopt Ordinance No. 1467 (2005 Series) rezoning property at 215 Bridge Street. 3 Council Agenda Tuest, January 4, 2005 Action Update ACTION. Ordinance No. 1467(2005 Series)adopted(4:1, Mulholland opposed). C3. ADOPTION OF ORDINANCE, REZONING PROPERTIES AT 715 & 735 TANK FARM ROAD FROM SERVICE COMMERCIAL SPECIFIC PLAN PLANNED DEVELOPMENT (C-S-SP-PD) TO OFFICE.SPECIFIC PLAN (O-SP). CITY FILE #c R 52-04. (MAN DEVI LLE/COREY) RECOMMENDATION: Adopt Ordinance No. 1468 (2005 Series) rezoning properties at 715 & 735 Tank Farm Road. ACTION. Ordinance No. 1468(2005 Series) adopted(5.0). C4. WATERLINE REPLACEMENT PROJECT 2003.04: SPECIFICATION NO. 90237. (WALTER/REYES) RECOMMENDATION: 1. Approve plans and specifications for "Waterline Replacement Project 2003-04". 2. Authorize staff to advertise for bids for Waterline Replacement Project 2003-04". 3. Authorize the City Administrative Officer to award contract if lowest responsible bid is within the Engineer's Estimate of $372,000.00 ACTION. Approved(5:0). C5. PALM-NIPOMO PARKING STRUCTURE DESIGN CONTRACT. (WALTER/BOCHUM/HORCH) RECOMMENDATION: Approve a contract with Chong Partners Architecture to further develop design concepts for a Palm-Nipomo parking structure for an amount riot to exceed $61,500 and authorize the Mayor to sign the agreement. ACTION. Approved(5:0). C6. SURPLUS CITY PROPERTY. (STATLER) RECOMMENDATION: Adopt a resolution declaring equipment as surplus property. ACTION. Resolution No. 9642(2005 Series) adopted(5:0). C7. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR_THE.PERIOD OF 01/01/05 —12/31/05. (MOLONEY) RECOMMENDATION: Adopt a resolution approving the Memorandum of Agreement for a one-year contract. ACTION. This item was pulled from the Consent Agenda and will be acted on at the January 18th Council meeting. 4 f Council Agenda Tues`aay, January 4; 2005 Action Update C8. AMENDMENT #7 TO CITY/COUNTY LIBRARY JOINT_ POWERS AGREEMENT. (GEORGE/KISER) RECOMMENDATION: 1. Approve an amendment.to the City/County Library Joint Powers Agreement a) approving the reduction of weekly open hours from forty-three to thirty-eight; and b) maintaining the allocation of $14,000 to be used for general operating costs associated with the provision of library services at the City/County Library. 2. Authorize the Mayor to execute the agreement. ACTION: Approved(5:0). PUBLIC HEARING 1. MARGARITA AREA DEVELOPMENT IMPACT FEES. (STATLER - 15 MINUTES) RECOMMENDATION Adopt a resolution establishing impact fees in the Margarita Area for transportation and park improvements. ACTION: Resolution No. 9643 (2005 Series) adopted(4:0:1, Settle absent). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. Mayor Romero reported on the December 8u' San Luis Obispo Council of Governments (SLOCOG)meeting. Council Member Mulholland reported on her attendance in December at the County Water Resources Advisory Committee meeting and the Economic Vitality Corporation meeting. Council Member Brown reported on his attendance at a recent Zone 9 Advisory Committee meeting. Mayor Romero also commented on the Zone 9 Advisory Committee 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) 5 f Council Agenda — Tuesaay, January 4, 2005 Action Update Mayor Romero acknowledged the death of Martha Moloney, mother of Human Resources Director Monica Moloney; Richard Moss, father of Utilities Director John Moss;and Becky Houser, wife of former City Attorney Bill Houser who passed away a number of years ago. A. ADJOURN. 6 council agcnda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, January 4, 2005 COUNCIL AGENDA ADDENDUM 6:00 p.m. Closed Session Council Hearing Room 990 Palm Street 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization: Fire Battalion Chiefs' Association ® Cablecast on Charter Communications Channel 20. The City of San Luis Obispo is committed to including 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 781-7100. council agenba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, January 4, 2005 6:00 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street 1. CONFERENCE WITH LEGAL COUNSEL.- Existing Litigation Pursuant to Government Code§54956.9 a) CITIZENS FOR PLANNING RESPONSIBLY, an unincorporated association vs. CITY OF SAN LUIS OBISPO, a Municipal Corporation, CITY COUNCIL of the CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Court Case No. CV 040619 b) 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 Court Case No. CV 040995 c) CLARA B. DALIDIO vs. AUDREY HOOPER, City Clerk of the City of San Luis Obispo, in her official capacity San Luis Obispo County Superior Court Case No. CV 041044 ® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to including 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 781-7100. Council Agenda Tuescsay, January 4, 2005 2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN's 002-416-034 and 002-416-029 Negotiating Parties: City of San Luis Obispo: Wendy George, Shelly Stanwyck and Jonathan Lowell Landowner: San Luis Obispo Court Street, LLC Negotiations: Consider modification of terms of real property exchange agreement 3. LIABILITY CLAIMS Pursuant to Government Code § 54956.95 Workers' Compensation Claim re Sharon McMahan 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street 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 POLICE DEPARTMENT EMPLOYEES. (LINDEN — 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. 3 Council Agenda Tuesady, January 4, 2005 APPOINTMENT Al. APPOINTMENT RECOMMENDATION TO THE.ZONE 9 ADVISORY COMMITTEE. (ROMERO/EWAN — 5 MINUTES) RECOMMENDATION: Recommend to the County Board of Supervisors the appointment of Terry Jackson to serve as the Citizen Member at Large to represent the City of San Luis Obispo on the Zone 9 Advisory Committee for a two-year period which will expire on December 31, 2006. 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. Cl. APPROVE MINUTES OF TUESDAY, NOVEMBER 16,2004, REGULAR MEETING, THURSDAY, NOVEMBER 18, 2004, SPECIAL MEETING, WEDNESDAY, DECEMBER 1, 2004, SPECIAL MEETING, TUESDAY, DECEMBER 7, 2004, REGULAR MEETING, AND TUESDAY, DECEMBER 14, 2004, SPECIAL MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. C2. ADOPTION OF ORDINANCE REZONING PROPERTY AT 215 BRIDGE STREET FROM MANUFACTURING (M) AND CONSERVATION/OPEN SPACE (C/OS-5)TO MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT (R-2-PD), MANUFACTURING PLANNED DEVELOPMENT(M-PD) AND CONSERVATIOWOPEN SPACE.(C/OS-5). CITY FILE_kGP/R/ER 64-03. (MAN DEVILLE/DUNSMORE) RECOMMENDATION: Adopt Ordinance No. 1467 (2005 Series) rezoning property at 215 Bridge Street. C3. ADOPTION OF ORDINANCE, REZONING PROPERTIES AT 715 & 735 TANK FARM ROAD FROM SERVICE COMMERCIAL SPECIFIC PLAN PLANNED DEVELOPMENT (C-S-SP-PD)TO OFFICE SPECIFIC PLAN (O-SP). CITY FILE #: R 52.04. (MANDEVILLE/COREY) RECOMMENDATION: Adopt Ordinance No. 1468 (2005 Series) rezoning properties at 715 & 735 Tank Farm Road. 4 Council Agenda Tuesuay, January 4, 2005 C4. WATERLINE REPLACEMENT PROJECT 2003-04: SPECIFICATION NO. 90237. (WALTER/REYES) RECOMMENDATION: 1. Approve plans and specifications for"Waterline Replacement Project 2003-04." 2. Authorize staff 10 advertise for bids for "Waterline Replacement Project 2003-04." 3. Authorize the City Administrative Officer to award contract if lowest responsible bid is within the Engineer's Estimate of $372,000.00. C5. PALM-NIPOMO PARKING STRUCTURE DESIGN.CONTRACT. (WALTER/BOCHUM/HORCH) RECOMMENDATION: Approve a contract with Chong Partners Architecture to further develop design concepts for a Palm-Nipomo parking structure for an amount not to exceed $61,500 and authorize the Mayor to sign the agreement. C6. SURPLUS CITY PROPERTY. (STATLER) RECOMMENDATION: Adopt a resolution declaring equipment as surplus property. C7. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY_EMPLOYEES' ASSOCIATION FOR THE PERIOD OF 01/01/05 12/31/05. (MOLONEY) RECOMMENDATION: Adopt a resolution approving the Memorandum of Agreement for a one.-year contract. C8. AMENDMENT#7 TO CITY/COUNTY LIBRARY JOINT POWERS AGREEMENT. (GEORGE/KISER) RECOMMENDATION: 1. Approve an amendment to the City/County Library Joint Powers Agreement a) approving the reduction of weekly open hours from forty-three to thirty-eight; and b) maintaining the allocation of $14,000 to be used for general operating costs associated with the provision of library services at the City/County Library. 2. Authorize the Mayor to execute the agreement. PUBLIC HEARING 1. MARGARITA AREA DEVELOPMENT IMPACT FEES. (STATLER — 15 MINUTES) RECOMMENDATION: Adopt a resolution establishing impact fees in the Margarita Area for transportation and park improvements. 5 Council Agenda Tuesouy, January 4, 2005 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