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Home My WebLink About07/05/2005, AGENDA U I council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, July 5, 2005 Action Update 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 Natural Resources Manager Havlik introduced the City's new biologist, Freddie Otte. 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, JUNE 14, 2005, ADJOURNED REGULAR MEETING. AND TUESDAY, JUNE 21, 2005, REGULAR MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved with one correction to Item C12 (5:0). C2. EXTINGUISHMENT OF THE "COURT STREET" PUBLIC PEDESTRIAN_ EASEMENT IN FAVOR OF A PRIVATE_PEDESTRIAN EASEMENT. (WALTER/LIVICK) RECOMMENDATION: Authorize the Mayor to execute a Quit Claim Deed extinguishing the public pedestrian easement reserved with the Court Street Abandonment. .ACTION. Approved(5:0). I 1 Council Agenda Tuesday, July 5 2005 Action Update C3. WATER REUSE PROJECT.—ADDDENDUM #6 FOR OFFICE ENGINEERING SERVICES EXTENSION. (MOSS/DISIMONE) RECOMMENDATION: 1. Approve Addendum #6 in the amount of$76,222 to the agreement with Brown and Caldwell Consultants for extension of Office Engineering Services. 2. Approve the transfer of$76,222 from the project contingencies account to the Water Reuse design account to fund the extended services. ACTION. Approved(5:0). C4. AUTHORIZATION TO PARTICIPATE IN A CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM AND TO ACCEPT A GRANT AWARD FOR-PREPARATION OF THE SOUTH BROAD STREET CORRIDOR PLAN. (MANDEVILLE/HOOK) RECOMMENDATION: 1. Adopt a resolution accepting a grant from the State of California in the amount of$110,000 to assist with preparation of the South Broad Street Corridor Plan, and 2. Appropriate$130,000 for this work: $110,000 in State grant funds and $20,000 in carryover expenditure savings from 2004-05 in the Community Development Department operating budget. ACTION: 1. Resolution No. 9705(2005 Series) adopted. 2. Approved(5:0). C5. ADOPTION OF ORDINANCE NO. 1473 (2005 SERIES) ADDING SECTION 8.14.085 TO THE MUNICIPAL CODE REGARDING VIOLATION OF TOBACCO RETAILER LICENSES. (LOWELUDIETRICK) RECOMMENDATION: Adopt Ordinance No. 1473 (2005 Series). ACTION. Ordinance No. 1473 (2005 Series) adopted(5:0). C6. ADOPTION OF ORDINANCE NO. 1474 (2005 SERIES) ESTABLISHING.A BUSINESS LICENSE.PROGRAM. (STATLER) RECOMMENDATION: Adopt Ordinance No. 1474 (2005 Series) establishing a business license program. ACTION: Ordinance No. 1474 (2005 Series) adopted(4:1 Settle opposed). C7. ADOPTION OF ORDINANCE NO. 1475 (2005 SERIES) AMENDING SECTION 5.20.260 OF THE MUNICIPAL CODE TO AUTHORIZE THE DESIGNATION OF TAXICAB PARKING ZONES BY THE DIRECTOR OF PUBLIC WORKS OR HIS OR.HER DESIGNEE. (LINDEN) RECOMMENDATION: Adopt Ordinance.No. 1475 (2005 Series). 2 Council Agenda Tuesday, July 5 2005 Action Update ACTION: Ordinance.No. 1475 (2005 Series) adopted(5:0). PUBLIC HEARINGS 1. AMENDMENT FOR THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT (11313) LOCATED AT 3190/3196/3220/3232.SOUTH HIGUERA (PD-MOD 43-05). (MAN DEVILLE/KALKOWSKI — 15 MINUTES) RECOMMENDATION: As recommended by the Planning Commission at a public hearing on May 25, 2005, introduce an ordinance modifying Condition No. 4 of Ordinance No. 1457, Exhibit A, to permit banks/savings & loans and broadcast studios as allowed uses, and to allow laboratories (medical, analytical) with a Planning Commission Use Permit, within an O-PD zone. ACTION. Ordinance No. 1476(2005 Series) introduced(5:0). 2. MULTI-DWELLING RENTAL PROPERTY INSPECTION PROGRAM FEE MODIFICATION. (KNABE —30 MINUTES) RECOMMENDATION:: Adopt a resolution amending the multi-dwelling rental property fire and life safety inspection fees as follows: 1. Modify the rate structure for fraternities and sororities to be the same as all other congregate residences (such as hotels, youth hostels and senior facilities). 2. Exempt from these fees low- and very-low income rental units that are built, owned and managed by the San Luis Obispo Housing Authority, governmental agencies and not-for-profit housing organizations. ACTION: Resolution No. 9706 (2005 Series) adopted(5:0). 3. GENERAL PLAN AMENDMENT AND REZONE FROM TOURIST COMMERCIAL (C-T) TO SERVICES AND MANUFACTURING (C-S-S) FOR THE PROPERTY KNOWN_AS.12398 LOS OSOS VALLEY ROAD (GP/R/ER 19-05). (MAN DEVILLE/DU NSMORE— 30 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1. Approve a resolution amending the General Plan Land Use Element map to change the land use designation for the site from Tourist Commercial to Services and Manufacturing and approving a Negative Declaration (ER 19-05). 2. Introduce an ordinance changing the zoning on the subject property from Tourist-Commercial (C-T) to Service Commercial with a Special Considerations Overlay (C-S-S). ACTION: 1. Adopted Resolution No. 9707(2005 Series) with the addition of the following condition: Following removal of underground gasoline dispensing infrastructure, interim use of the former gas station area for auto sales and display may be permitted before ARC approval of site changes 3 Council Agenda Tuesday, July 5 2005 Action Update provided that Architectural Review plans for the expansion of the adjacent auto sales facility have been submitted and are in the process of being acted on by the City. Any new signs associated with the interim use of the site will require approval by the Community Development Director. The interim use shall expire twelve months from the date of submittal of architectural review plans to the City unless a building permit for the expansion has been issued by the City. The Community Development Director may grant a six month extension of the interim use. 2. Introduced Ordinance No. 1477(2005 Series) (5:0). BUSINESS ITEM 4. DAMON-GARCIA PUBLIC ART. (WALTER/LAWRENCE — 15 MINUTES) RECOMMENDATION: As recommended by the Public Art Jury, the Parks and Recreation Commission and the Architectural Review Commission, approve the public art piece entitled Strong Play Ethic for the Damon-Garcia Sports Fields. ACTION: Approved(5:0). 5. APPROVAL OF A CONCEPT PLAN FOR.IMPROVEMENTS TO THE CITY'S ENTRY.AREA NEAR THE WATER RECLAMATION FACILITY, INCLUDING ALIGNMENT OF A SECTION OF THE BOB JONES CITY TO SEA BIKEWAY. (GEORGE/HAVLIK— 15 MINUTES) RECOMMENDATION: As recommended by the Architectural Review Commission, Parks and Recreation Commission and Promotional Coordinating Committee, approve a concept plan for improvements to the City's entry area near the Water Reclamation Facility (WRF ), including alignment of the incorporated segment of the Bob Jones City to Sea Bikeway. ACTION: Approved(5:0). STUDY SESSION 6. .REVIEW OF DESIGN OPTIONS FOR THE PALM-NIPOMO PARKING STRUCTURE. (WALTER/MANDEVILLE—60 MINUTES) RECOMMENDATION: 1. Receive and consider information regarding potential alternatives and options for the Palm-Nipomo Parking Structure and identify Site Plan Design Option D3 or H2 as the preferred site plan design option. 2. Provide direction regarding next steps in the development process for the project. 4 Council Agenda Tuesday, July 5 2005 Action Update ACTION. 1. Directed staff to pursue site plan options D3 and H21H3 (a concept submitted by Ken Schwartz), with adjustments to the layout for H3; 4:1 (Ewan opposed). 2. Approved, to ensure flexibility, including or excluding houses at 610 and 614 Monterey Street as part of the study in order to keep design options open; 3:2 (Mulholland/Ewan opposed). 3. Provided additional direction to be included when this matter is returned to Council(see minutes). COUNCIL LIAISON REPORTS Mayor Romero reported on his attendance at a meeting on June 23rd with Supervisors Lenthall and Patterson and staff members of LAFCO, APCD, the County and SLOCOG on the program called `-`Community 2050,"the June 28th meeting of the Whale Rock Commission, the June 23rd meeting of the Nacimiento Project Commission, and the June 30th meeting of the Performing Arts Center Commission. Council Member Settle reported that the State will approve the budget on July 6th, and that cities will receive the Vehicle License Fee (VLF) refund early. COMMUNICATIONS ADJOURN 5 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, July 59 2005 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 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.549542). 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 TUESDAY, JUNE 14,2005, ADJOURNED REGULAR MEETING, AND TUESDAY, JUNE 21, 2005, REGULAR MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. ® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to 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 ) l u�sday, July 5 2005 C2. EXTINGUISHMENT OF THE "COURT STREET" PUBLIC PEDESTRIAN EASEMENT IN FAVOR OF A PRIVATE PEDESTRIAN EASEMENT. (WALTER/LIVICK) RECOMMENDATION: Authorize the Mayor to execute a Quit Claim Deed extinguishing the public pedestrian easement reserved with the Court Street Abandonment. C3. WATER REUSE PROJECT-ADDDENDUM#6 FOR OFFICE ENGINEERING SERVICES EXTENSION. (MOSS/DISIMONE) RECOMMENDATION: 1. Approve Addendum #6 in the amount of $76,222 to the agreement with Brown and Caldwell Consultants for extension of Office Engineering Services. 2. Approve the transfer of $76,222 from the project contingencies account to the Water Reuse design account to fund the extended services. C4. AUTHORIZATION TO PARTICIPATE IN A CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM AND TO ACCEPT A GRANT AWARD FOR PREPARATION OF THE SOUTH BROAD STREET CORRIDOR PLAN. (MANDEVILLE/HOOK) RECOMMENDATION: 1. Adopt a resolution accepting a grant from the State of California in the amount of $110,000 to assist with preparation of the South Broad Street Corridor Plan, and 2. Appropriate $130,000 for this work: $110,000 in State grant funds and $20,000 in carryover expenditure savings from 2004-05 in the Community Development Department operating budget. C5. ADOPTION OF ORDINANCE NO. 1473 (2005 SERIES) ADDING SECTION 8.14.085 TO THE MUNICIPAL CODE REGARDING VIOLATION OF TOBACCO RETAILER LICENSES. (LOWELUDIETRICK) RECOMMENDATION: Adopt Ordinance No. 1473 (2005 Series). C6. ADOPTION OF ORDINANCE NO. 1474 (2005 SERIES) ESTABLISHING A BUSINESS LICENSE PROGRAM. (STATLER) RECOMMENDATION: Adopt Ordinance No. 1474 (2005 Series) establishing a business license program. C7. ADOPTION OF ORDINANCE NO. 1475 (2005 SERIES) AMENDING SECTION 5.20.260 OF THE.MUNICIPAL CODE TO AUTHORIZE.THE DESIGNATION OF TAXICAB.PARKING_ZONES BY THE DIRECTOR OF PUBLIC WORKS OR.HIS OR HER DESIGNEE. (LINDEN) RECOMMENDATION: Adopt Ordinance No. 1475 (2005 Series). 3 Council Agenda ) Tuesday, July 5 2005 PUBLIC HEARINGS 1. AMENDMENT FOR THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT (PD) LOCATED AT 3190/3196/3220/3232 SOUTH HIGUERA. (PD-MOD 43-05). (MAN DEVI LLE/KALKOWSKI — 15 MINUTES) RECOMMENDATION: As recommended by the Planning Commission at a public hearing on May 25, 2005, introduce an ordinance modifying Condition No. 4 of Ordinance No. 1457, Exhibit A, to permit banks/savings & loans and broadcast studios as allowed uses, and to allow laboratories (medical, analytical) with a Planning Commission Use Permit, within an O-PD zone. 2. MULTI-DWELLING RENTAL PROPERTY INSPECTION PROGRAM FEE MODIFICATION. (KNABE — 30 MINUTES) RECOMMENDATION: Adopt a resolution amending the multi-dwelling rental property fire and life safety inspection fees as follows: 1. Modify the rate structure for fraternities and sororities to be the same as all other congregate residences (such as hotels, youth hostels and senior facilities). 2. Exempt from these fees low- and very-low income rental units that are built, owned and managed by the San Luis Obispo Housing Authority, governmental agencies and not-for-profit housing organizations. 3. GENERAL PLAN AMENDMENT AND REZONE FROM TOURIST COMMERCIAL (C-T)TO SERVICES AND MANUFACTURING (C-S-S) FOR THE PROPERTY KNOWN AS 12398 LOS OSOS VALLEY ROAD (GP/R/ER 19-05 . (MAN DEVILLE/DUNSMORE —30 MINUTES) RECOMMENDATION: As recommended by the Planning Commission: 1. Approve a resolution amending the General Plan Land Use Element map to change the land use designation for the site from Tourist Commercial to Services and Manufacturing and approving a Negative Declaration (ER 19-05). 2. Introduce an ordinance changing the zoning on the subject property from Tourist-Commercial (C-T) to Service Commercial with a Special Considerations Overlay (C-S-S). BUSINESS ITEM 4. DAMON-GARCIA PUBLIC ART. (WALTER/LAWRENCE — 15 MINUTES) RECOMMENDATION: As recommended by the Public Art Jury, the Parks and Recreation Commission and the Architectural Review Commission, approve the public art piece entitled Strong Play Ethic for the Damon-Garcia Sports Fields. 4 Council Agenda u sday, July 5 2005 5. APPROVAL OF A CONCEPT PLAN FOR IMPROVEMENTS TO THE CITY'S ENTRY AREA NEAR THE WATER RECLAMATION FACILITY, INCLUDING ALIGNMENT OF A SECTION OF THE BOB JONES CITY-TO SEA BIKEWAY. (GEORGE%HAVLIK— 15 MINUTES) RECOMMENDATION: As recommended by the Architectural Review Commission, Parks and Recreation Commission and Promotional Coordinating Committee, approve a concept plan for improvements to the City's entry area near the Water Reclamation Facility (WRF), including alignment of the"incorporated segment of the Bob Jones City to Sea Bikeway. STUDY SESSION 6. REVIEW OF DESIGNAPTIONS FOR THE PALM-NIPOMO PARKING STRUCTURE. (WALTER/MANDEVILLE--6-0 MINUTES) RECOMMENDATION: 1. Receive and consider information regarding potential alternatives and options for the Palm-Nipomo Parking Structure and identify Site Plan Design Option D4 or H2 as the preferred site plan design option. 2. Provide direction regarding next steps in the development process for the project. 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'orother 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) ADJOURN. 5