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CITY OF SAN LUIS 6 B I S P O
CITY HALL, 990 PALM S T R E 00
Tuesday, October 4, 2005
COUNCIL AGENDA ADDENDUM
6:15 p^ CLOSED SESSION Council Hearing Room
090 Palm.Street
6:15 p.m.
CONFERENCE WITH LEGAL COUNSEL— Existing Litigation
Pursuant to Government Code § 54956.9
VICTORIA O'TOOLE v. STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, COUNTY 00 SAN LUIS 061SPO;,STATE OF
CALIFORNIA v. CITY OF SAN LUIS OBISPO
San Luis Obispo County Superior Case No: CV 030270
Cablecast on Charter Communications Channel 20. The City of San Luis Obispo is committed to including the
disabled in all of its services;I ces, programs,and activities. Telecommunications Device for the Deaf(805)781-7410. Please
speak to the city Clark prior to the meeting if you require a hearing amplification device. For more agenda information,
call 781-7100.
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CITY OF SAN LUIS OBISPO
CITY HALL, 990 . PALM STREE
Tuesday, October 4, 2005
COUNCILAGENDA ADDENDUM
6:00 p.m. CLOSED SESSION Council Hearing Room
990 Palm Street
6:00 p.m.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
California Regional Water Quality Control Board Civil Liability Complaint
against the City of San Luis Obispo
Complaint No. R3-2.005-0130
® Cab]ecast 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.
RECEIVED
.';FP 3 0 2005
council agenda SL0_CITy CLERK
CITY OF SAN LUIS OBISPO
CITY _ HALL, 990 PALM S_TREET __
Tuesday, October 4, 2005
COUNCICAGENDA ADDENDUM
6:06 p.m: CLOSED SESSION Council Hearing Room
990 Palm Street
6.00 P.m.
CONFERENCE WITH.LEGAL COUNSEL- EXISTING LITIGATION
California Regional Water Quality Control Board Civil Liability Complaint
against the City of San.Luis Obispo
Complaint No. R3-2005-0130
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® 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.
RECEIVED
1P 2 9 2005
SLO CITY CLERK
council acEnaa -
CITY OF SAN LUIS OBISPO
CITY HALL, 9_9 0 PAL M STREET
Tuesday, October 4, 2005
COUNCIL AGENDA ADDENDUM
6:15 p.m. CLOSED SESSION Council Hearing Room
990 Palm Street
6:15 p:m:
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CONFERENCE_WITH_LEAL COUNSEL— Existing Litigation
Pursuant to Government_Code §54956.9
VICTORIA O'TOOLE v. STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, COUNTY OF SAN LUIS OBISPO; STATE OF
CALIFORNIA v. CITY OF SAN LUIS OBISPO
San Luis Obispo County Superior Case No: CV 030270
COUNCIL ;f- CDD DIR . RED FILE
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2. ACAO r FIRE CHIEF MEETING AGENDA
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CITY OF SAN LU IS OBISPO
CITY HALL,, 990 PALM STREET
Tuesday, October 4, 2005
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
6:30 P.M_. CLOSED SESSION Council Hearing Room
990 Palm Street
CONFERENCE WITH LEGAL COUNSEL—Anticipated Litigation
Pursuant to Government Code § 54956:9 (b)(1) and (b)(2)
One (1) potential,case
7:00 P.M. REGULAR MEETING Council Chamber
990 Palm Street
PRESENTATION
PROCLAMATION RECOGNIZING AND SUPPORTING CALIFORNIA ARTS DAY,_
OCT091ER.7, 2005. (ROMERO)
PROCLAMATION FOR NATIONAL DENTAL HYGIENE-MONTH. (ROMERO)
® City Council regular meetings are televisedlive 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 H you require a hearing amplification device. For more agenda information;call
781-7100.
Council Agenda Tuesday, October 4, 2005
PUBLIC COMMENTS ON AGENDA ITEMS: You may address the Council on any item described in this agenda by
completing a speaker slip and giving it to the City Clerk prior to the meeting. The Mayor will invite public comments
before the Council takes action on each item. (Gov. Code Sec. 54954.3(a)) Your speaking time is limited to three (3)
minutes. (CC&P Sec.1.3.7)
CITY COUNCIL PROCEDURES FOR PUBLIC HEARINGS: The Mayor will announce each item and thereafter, the
hearing will be conducted as follows:
1. City staff will present the staff report and recommendation on the proposal being heard and respond to questions
from Council.
2. The Mayor will open the public hearing by first asking the project applicantlappellant(or his/her representative)to
present any points necessary for the Council,as well as the public,to fully understand the proposal.
3. The Mayor will then ask other interested persons to come to the podium to present testimony either in support of
or in opposition to the proposal.
4. Finally, the Mayor will invite the applicant/appellant(or his/her representative) back to the podium to respond to
the public testimony, if appropriate. The Mayor will then close the public hearing and limit further discussion to
the Council and staff prior to the Council taking a vote.
RULES FOR PRESENTING TESTIMONY AT A PUBLIC HEARING: City Council meetings often.involve highly emotional
issues. It is important that all participants conduct themselves with courtesy,dignity and respect. All persons who wish to
present testimony are asked to observe the following rules:
1. Speakers are asked to submit speaker slips to the City Clerk.
2. If you have filled out a Speaker Slip;the Mayor will call you to the podium.
3. Speakers shall address the Council from the podium after giving his/her name and city of residence. Speakers
shall direct their comments to the Council, not the audience.
4. Speakers shall.limit comments to three minutes. The Mayor, after all others have spoken, may allow additional
brief comments from speakers who have already commented on the same agenda item.
5. If testifying as paid representatives, as defined in the Municipal Code speakers shall register as a Municipal
Advocate and shall preface their comments by identifying themselves as Municipal Advocates (§2.64.020 &
42.64.050&§2.64.070).
6. Applicants,appellants or applicant representatives desiring to speak shall:
a. Submit speaker slips to the City Clerk (available on a plastic rack at the entrance to the Council
Chamber).
b. Shall be permitted to speak first during the public comment portion of the public hearing for not more
than ten minutes.
c. Address the Council from the podium after giving their name and address, and/or the name and
address of the applicant/appellant they are representing. If the applicant/appellant's representative is a
paid Municipal Advocate,they shall comply with Number 5 above.
7. If you challenge an issue in court, you may be limited to raising only those issues you or someone else raised atr
this public hearing as described above, or in written correspondence delivered to the City before or during the
public hearing.
CORRESPONDENCE TO COUNCIL Written comments on agenda items are encouraged and are most effective if
presented at least one day prior to the meeting. Note: Correspondence to Council received after 5:00 p.m.on the day of
the Council meeting regarding agenda items may not be distributed until the following day.
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Council Agenda Tuesday, October 4, 2005
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 maybe 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 SEPTEMBER 20. 2005, REGULAR MEETING.
(HOOPER)
RECOMMENDATION: Waive oral reading and approve as presented.
C2. NAMING THE CHINESE PARK AT_1095 MARSH STREET. (LESAGE)
RECOMMENDATION: As recommended by the Parks and Recreation Commission,
approve naming the Chinese Park at 1095 Marsh Street the "LC YC Cheng Park."
C3. EASEMENTS FOR NACIMIENTO_PIPELINE PROJECT.
(MOSSIHENDERSON)
RECOMMENDATION: Conceptually approve granting easements for the Nacimiento
Pipeline Project.within City owned properties at no cost.
C4. APPLICATION FOR GRANT SUPPORT FROM THE.CALIFORNIA.R_IVER
PARKWAYS GRANT PROGRAM FOR FLOOD.MANAGEMENT
IMPROVEMENTS ALONG.SAN_ LUIS-OBISPO CREEK AT THE.ELK_ S LODGE.
(GEORGE/HAVLIK)
RECOMMENDATION: Adopt a resolution authorizing application to the California River
Parkways Grant program for grant funds in amount of $500,000 in support of a flood
management project along San Luis Obispo Creek at the Elks Lodge on Elks Lane, in
the City of San Luis Obispo.
CS. AGREEMENT WITH THE ENVIRONMENTAL CENTER OF SAN LUIS OBISPO
COUNTY (ECOSLO). (GEORGE/HAVLIK)
RECOMMENDATION; Approve and authorize the Mayor to sign a two-year
professional services agreement with the Environmental Center of San Luis Obispo
County (ECOSLO), for public information and retainer services of up to $15,000 in each
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Council Agenda Tuesday, October 4, 2005
year of the current Financial Plan, for a total of $30000 over the two-year life of the
Agreement, retroactive to July 16, 2005.
C6. FLEET ADDITION.-REQUEST FOR A.SKIP AND DRAG TRACTOR.
(WALTER/SMITH)
RECOMMENDATION: 1. Approve a Skip and Drag Tractor as a fleet addition. 21.
Approve the transfer of $25,000 from the Street Reconstruction and Resurfacing
program to fund this purchase. 3. Authorize the CAO to approve final sole source
purchase of used equipment.
C7. POLYBUTYLENE SER_ VICE_REPLACEME_NT SPEC. NO. 90526.
(WALTER/REYES)
RECOMMENDATION: 1. Award a contract to and authorize the Mayor to execute with,
D-Kal Engineering in the amount of $512,497 for: Polybutylene Service Replacement
Spec. No. 90526. 2. Approve transfer of $566,500 from the Polybutylene Replacement
account to fund this project.
C8. 2005-07 CAPITAL IMPROVEMENT PLA_N PUBLIC ART-PROJECTS.
(GEORGE/KISER)
RECOMMENDATION: As part of the Capital Improvement Plan for 2005-07, approve
public art funding for projects as identified in Attachment 1 for year one (2005-06).
C9. INTENTION TO ISSUE_ TAX EXEMPT BONDS.FOR 919 PALM PARKING-
OFFICES-PROJECT.
ARKING-OFFICES-PROJECT. (STATLER)
RECOMMENDATION: Adopt a resolution of intention to issue tax exempt bonds in
financing the 919 Palm parking-offices project and to reimburse from the proceeds
costs incurred prior to their issuance.
C10. SOUTH STREET WIDENING (ROUTE 2271 BETWEEN HIGUERA.AND
BEEBEE STREETS. (WALTER)
RECOMMENDATION: 1. Approve the transfer of $66,000 from the Capital
Improvement Plan (QIP) Reserve Account to the South Street widening project;
increasing the City's total contribution to $116,000: 2. Authorize the CAO to amend the
existing cooperative agreement with Caltrans to provide additional funding assistance to
widen the segment_ of South Street (State Route 227) with the revised amount not to
exceed $116,000.
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Council Agenda - Tuesday, October 4, 2005
BUSINESS ITEMS
1. ACCEPTANCE.OF A ONE-HALF.UNDIVIDED_FEE_INTEREST INA PORTION OF
THE B0WDEN RANCH NEAR WOODLAND DRIVE. (G.EORGE/HAVLIK- 10
MINUTES)
RECOMMENDATION: As recommended by the Planning Commission, authorize the
Mayor to accept-the gift grant deed of an undivided one-half fee interest in the 180 acre
portion of the Bowden Ranch.which lies adjacent to but outside of the boundaries of the
City of San Luis Obispo, subject to non-substantive changes approved by the City
Attorney.
2. BULB-OUT AT CORNER OF NIPOMO AND MONTEREY STREET IN FRONT,
OF THE CHILDREN'S MUSEUM. (WALTER/BOCHUM— 15 MINUTES)
RECOMMENDATION: Maintain requirement for street improvements including the
bulb-out installation for the southeast corner of Nipomo at Monterey as part of the
Children's Museum project.
3. 2004 ANNUAL TRAFFIC SAFETY REPORT_ . (WALTER/SENOR/HUDSON—60
MINUTES)
RECOMMENDATION: Receive and discuss the 2004 Annual Traffic Safety Report and
associated mitigation strategies.
4. .WATER AND SEWER RATE STRUCTURE REVIEW AND
RECOMMENDATIONS. (MOSS/BAASCH - 60 MINUTES)
RECOMMENDATION` 1. Review the information.in this staff report and HDR's Volume
1 Utility Rate Structure Evaluation and provide direction to staff as to Council's
preferred rate structure concepts; and 2. Approve the recommended implementation
plan, including a community outreach program.
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)
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Council Agenda Tuesday, October 4, 2005
ADJOURN TO A REGULAR_ MEETING, OCTOBER 18, 2005, AT 7:00 P.M. IN THE
COUNCIL CHAMBER.
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ADVISORY BODIES
ARCHITECTURAL REVIEW COMMISSION (ARC)
The ARC generally meets the first and third Monday of each month. The meetings are held in City Hail in the
Council Hearing Room at City Hall, 990 Palm St. and begin at 5:00 p.m. Call 781-7170 to confirm times and dates.
BICYCLE ADVISORY COMMITTEE(BAC)
The Bicycle Advisory Committee meets quarterly in March,June, September, and December. Call 781-7178 to
confirm exact dates and times.
CITY COUNCIL
The City Council meets on the first and third Tuesday of every month. The meetings generally begin at 7:00 p.m.
and are held at City Hall in the Council Chamber, 990 Palm Street. Call 781-7103 to confirm times and dates.
CULTURAL HERITAGE COMMITTEE(CHC)
The CHC meetings are held on the fourth Monday of the Month at 5:30 p.m. in the Council Hearing Room at City
Hall,990 Palm St. Call 781-7170 to confirm dates and times.
DOWNTOWN ASSOCIATION BOARD OF DIRECTORS
The Downtown Association Board usually meets the second Tuesday of the month at 7:30 a.m. in the Council
Hearing Room located at City Hall,990 Palm St. Call 541-0286 to confirm the date and time.
HOUSING AUTHORITY
The Housing Authority meets the third Thursday of the month at noon in the Housing Authority offices located at
487 Leff St. Call 543-4478 to confirm dates and times
HUMAN RELATIONS COMMISSION(HRC)
The Human Relations Commission usually meets the first Wednesday of the month at City Hall in the Council
Hearing Room,990 Palm St. beginning at 5:00 p.m. Call 781-7251 to confirm dates and times.
JACK HOUSE COMMITTEE
The Jack House Committee meets the second.Wednesday of the month at the Parks& Recreation Department,
1341 Nipomo Street, at 5:30 p.m. Call 781-7305 to confirm the dates and times.
JOINT USE OF RECREATIONAL FACILITIES COMMITTEE(JUC)
The Joint Use Committee meets the fourth Tuesday of each month at noon at the Recreation Department located
at 1341 Nipomo Street. Call 781-7300 to confirm dates and times.
MASS TRANSPORTATION COMMITTEE(MTC)
The Mass Transportation Committee meetings are held on call, generally on a quarterly basis. Call 781-7121 to
confirm exact dates and times.
PARKS AND RECREATION COMMISSION(P&R)
The Parks and Recreation Commission typically meets the first Wednesday of the month in the City/County
Library located at 995 Palm St. and begin at 7:00 p.m. Call 781-7300 to confirm dates and times.
PLANNING COMMISSION (PC)
The Planning Commission meets the second and fourth Wednesday of the month at 7:00 p.m. in the Council
Chamber, City Hall, 990 Palm Street. Call 781-7170 to confirm dates and times.
PROMOTIONAL COORDINATING COMMITTEE(PCC)
The Promotional Coordinating Committee meets the second Wednesday of each month at 5:30 p.m. in the
Council Hearing Room at City Hall, 990 Palm St. Call 781-7123 to confirm the times and places.
TREE COMMITTEE
Tree Committee meets at 5:00 p.m. on the fourth Monday of the month at the City's Corporation Yard located at
25 Prado Road. Call 7814220 to confirm dates and times.