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HomeMy WebLinkAbout06/20/2006, AGENDA council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, June 20, 2006 COUNCIL AGENDA ADDENDUM ADDED CLOSED SESSION ITEM: 12:00 P.M. SPECIAL MEETING Council Hearing Room CLOSED SESSION 990 Palm Street CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Irons Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) ® City Council regular meetings are televised live on Chatter 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. 4 . REVISED AGENDA: This meeting may be conducted as a teleconference. Teleconference location: Sierra Vista Regional Medical Center 1010 Murray Avenue, San Luis Obispo (Contact: Mayor Dave Romero) u ot�pN LUlg ego . council agcnaa CITY OF SAN LUIS OBISPO �w�rcExce��`� CITY HALL , 990 PALM STREET Tuesday, June 20, 2006 *5:00 P.M. REGULAR MEETING Council Chamber *PLEASE NOTEEARLY 990 Palm Street START TIME CALL TO ORDER: Mayor Dave Romero ROLL CALL: Council Members Paul Brown, John Ewan, Christine Mulholland,Vice Mayor Allen K. Settle, Mayor Dave Romero PRESENTATION ACCEPTANCE OF MONETARY DONATION FROM DANIELLA KAPLAN FOR THE SANTA ROSA SKATE PARK AND PRESENTATION OF CERTIFICATE.OF APPRECIATION. (KISER) BUSINESS ITEMS 1. 2006-2007 HUMAN RELATIONS COMMISSION.(HRC) GRANTS.-1N-AID (GIA) FUNDING RECOMMENDATIONS. (IRONS/KOPECKY - 10 MINUTES) RECOMMENDATION: Approve the HRC GIA recommendations for the 2006-2007 fiscal year and authorize the City Administrative Officer to execute agreements with each GIA recipient for 2006-2007 as outlined in the GIA Summary of Recommendations. ® 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 _ Tuesday, June 20, 2006 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 applicant/appellant(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 applicantlappellant(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 & §2.64.050&§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 applicantlappellant'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 at 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. Council Agenda Tuesday, June 20, 2006 2. 20064007 PROMOTIONAL COORDINATING COMMITTEE (PCC) GRANTS - IN-AID (GIA) RECOMMENDATIONS. (KISER/STANWYCK - 10 MINUTES) RECOMMENDATION: As recommended by the Promotional Coordinating Committee (PCC), approve the 2006-2007 Grants-In-Aid (GIA) and authorize the City Administrative Officer to execute the individual agreements with each grant recipient. 3. THURSDAY NIGHT PROMOTIONS RULES, REGULATIONS AND FEE CHANGES. (CASH - 30 MINUTES) RECOMMENDATION: Adopt a resolution approving the Downtown Association's changes to Rules, Regulations and Fees for Thursday Night Promotions. 4. AMENDED REIMBURSEMENT AGREEMENT WITH COSTCO FOR REALIGNMENT OF CALLE JOAQUIN. (LOWELL/STANWYCK — 20 MINUTES) RECOMMENDATION: Approve an amended reimbursement agreement with Costco Wholesale Corporation (Costco) for the realignment of Calle Joaquin south of Los Osos Valley Road and authorize the Mayor to execute the agreement. 7:00 P.M. PLEDGE OF ALLEGIANCE 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. MINUTES OF TUESDAY, JUNE 6, 2006. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. C2. .NOVEMBER 7 2006. GENERAL MUNICIPAL ELECTION. (HOOPER) RECOMMENDATION: 1) Adopt a resolution calling and giving notice of a General Municipal Election on Tuesday, November 7, 2006, and adopting regulations pertaining 3 Council Agenda Tuesday, June 20, 2006 to candidates' statements. 2) Adopt a resolution requesting the San Luis Obispo County Board of Supervisors to consolidate the November 7, 2006, General Municipal Election with the Statewide General Election to be held on that date. C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. (MOSS/MUNDS) RECOMMENDATION: Adopt a resolution authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved. C4. 2007 AMGEN TOUR OF CALIFORNIA PARTICIPATION AGREEMENT. (KISER/FITZGERALD) RECOMMENDATION: Approve agreement with AEG Cycling for the City of San Luis Obispo's participation in the 2007 Amgen Tour of California cycling event and authorize the Mayor to execute the final agreement, contingent upon selection by AEG Cycling for San Luis Obispo to be a host City. C5. AGREEMENT WITH SEAHAWK SWIM CLUB. (KISER) RECOMMENDATION: As recommended by the Parks and Recreation Commission, approve a one-year contract between the City of San Luis Obispo and the Seahawk Swim Club for use of the Swim Center, effective July 1, 2006, to June 30, 2007. C6_. SEWER REPLACEMENT- 129 CHORRO, SPECIFICATION NO. 90591. (WALTER/HORN) RECOMMENDATION: 1) Approve an easement agreement which provides for a permanent.sewer easement from the owners of the property located at 129 Chorro Street in exchange for construction of a retaining wall. 2) Authorize the Mayor to execute the agreement; accept the easements, and execute any other documents associated with this transaction. 3) Approve the plans and specifications for the "Sewer Replacement— 129 Chorro", Specification No. 90591. 4) Authorize Staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's Estimate of$115,550. C7. INITIATION OF THE PROCESS TO CONSIDER THE ABANDONMENT OF AN. UNDEVELOPED PORTION OF SOUTH STREET RIGHT-OF-WAY (ABAN 62- 05; THE VILLAGE AT MAYMONT). (MANDEVILLE/MCILVAINE) RECOMMENDATION: As recommended by the Planning Commission on May 24, 2006, adopt a Resolution of Intention to consider abandonment of the street right-of- way of an undeveloped portion of South Street and set a public hearing for August 15, 2006. 4 1 � Council Agenda Tuesday, June 20, 2006 C8. EXTENSION OF THE CURRENT CAL POLY TRANSIT SUBSIDY AGREEMENT. (WALTER/O'DELL) RECOMMENDATION: Authorize the CAO to approve an amendment to our Cal Poly Transit Subsidy Agreement extending its term by an additional two months. C9. EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND PROMOTIONS COORDINATOR. (IRONS) RECOMMENDATION: Adopt a resolution approving the contracts of employment between the City of San Luis Obispo and the Downtown Association Administrator and Promotions Coordinator. C10. APPROPRIATIONS LIMIT FOR-2006-07. (STATLER/DOMINGUEZ). RECOMMENDATION: Adopt a resolution establishing the City's appropriations limit for 2006-07. C11. REINSTALLATION OF-FLAGPOLE IN MITCHELL PARK. (KISER) CAO RECOMMENDATION: Do not approve the Parks and Recreation Commission recommendation to not reinstall the flagpole in Mitchell Park at this time. Instead, approve the reinstallation of the Mitchell Park flagpole to a temporary location near the bandstand in the park, with the specific location to be determined by staff, until such time as the long-term location defined in the Mitchell Park Master Plan is properly ready. C12. DALIDIO RANCH: ELECTIONS CODE SECTION 9111 INPUT. (HAMPIAN) RECOMMENDATION: Direct the CAO to provide staff input to the County regarding the effect of the proposed Dalidio Ranch initiative, if the Board of Supervisors authorizes a 30 day input process pursuant to Elections Code Section 9111. PUBLIC HEARINGS 5. ADOPTION OF 2006-07 WATER RATES. (MOSS - 15 MINUTES) RECOMMENDATION: Adopt a resolution rescinding Resolution No. 9463 (2005 Series) increasing water service charges by 8%, effective July 1, 2006, and adopting revised rate increase of 12%, effective July 1, 2006, and establishing a third tier water rate for single family residential customers using greater than 25 units per month. 5 l � Council Agenda - Tuesday, June 20, 2006 6. ADOPTION OF 2006-07 BUDGET. (STATLER/DOMINGUEZ - 1 HOUR) RECOMMENDATION: Adopt a resolution approving amendments to the 2005-07 Financial Plan and appropriating funds for fiscal year 2006-07. 7. FLOOD DAMAGE ORDINANCE VARIANCE REQUEST. (WALTER / LYNCH - 20 MINUTES) RECOMMENDATION: Adopt a resolution allowing a variance to the City's flood damage prevention regulations for 229 High Street. 8. CONSIDERATION OF TENTATIVE MAP NO. 2787, A FIVE-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT-562 SANDERCOCK STREET_ (TR/ER 202-05). (MANDEVILLE/HILL - 20 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, adopt a resolution approving a negative declaration of environmental impact.and a tentative tract map for a five-unit residential condominium subdivision. BUSINESS ITEMS 9. 2006 WATER RESOURCES.STATUS REPORT. (MOSS/HENDERSON - 30 MINUTES) RECOMMENDATION: Receive and file report. 10. AFFORDABLE HOUSING STANDARDS— REVISE FORMULAS FOR. RENTS/SALES PRICES. (MANDEVILLE/DAVIDSON - 20 MINUTES) RECOMMENDATION: Amend the Affordable Housing Standards, specifically the revised formulas for determining the maximum rents and sales process for each income group. 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) ADJOURN. 6 ADVISORY BODIES ARCHITECTURAL REVIEW COMMISSION (ARC) The ARC generally meets the first and third Monday of each month. The meetings are held in City Hall 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 Ludwick Community Center located at 864 Santa Rosa 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 Council Chamber, City Hall, located at 990 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 781-7220 to confirm dates and times. 4 LU�o council agenda BM CITY OF SAN LUIS OBISPO EN'tF' CITY HALL, 9 9 0 P A L M S T R E E: T Tuesday, June 20, 2006 12:00 P.M. SPECIAL MEETING Council Hearing Room CLOSED SESSION 990 Palm Street CALL TO ORDER: Mayor Dave Romero ROLL CALL: Council Members Paul Brown, John Ewan, Christine Mulholland., Vice Mayor Allen K. Settle, Mayor Dave Romero 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 open the floor to and 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). CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government.Code § 54957.6 Agency Negotiators: Karen Jenny, Monica Irons Employee Organization: San Luis Obispo City Firefighters, Local 3523 CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 736 Marsh, APN 002-424-022 Negotiating Parties: City of San Luis Obispo: Ken Hampian, Shelly Stanwyck, Jonathan Lowell Landowner! Westpac Development Inc. Negotiations: Potential Terms of Sale ADJOURN TO A REGULAR MEETING, TUESDAY, JUNE 20, 2006, AT 5:00 P.M. IN THE COUNCIL CHAMBER. ® 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. �StJ�Lr council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, June 20, 2006 *5:00 P.M. REGULAR MEETING Council Chamber *PLEASE NOTE EARLY 990 Palm Street START TIME CALL TO ORDER: Mayor Dave Romero ROLL CALL: Council Members Paul Brown, John Ewan, Christine Mulholland, Vice Mayor Allen K. Settle, Mayor Dave Romero PRESENTATION ACCEPTANCE OF MONETARY DONATION FROM DANIELLA KAPLAN FOR THE SANTA ROSA SKATE PARK AND PRESENTATION_ OF CERTIFICATE OF APPRECIATION. (KISER) BUSINESS ITEMS 1. 2006-2007 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID (GIA) FUNDING RECOMMENDATIONS. (IRONS/KOPECKY - 10 MINUTES) RECOMMENDATION`. Approve the HRC GIA recommendations for the 2006-2007 fiscal year and authorize the City Administrative Officer to execute agreements with each GIA recipient for 2006-2007 as outlined in the GIA Summary of Recommendations. ® 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. j Council Agenda Tuesday, June 20, 2006 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 applicant/appellant(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 & §2.64.050&§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 maybe limited to raising only those issues you or someone else raised at 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. 2 I Council Agenda Tuesday, June 20, 2006 2. 2006-2007 PROMOTIONAL COORDINATING COMMITTEE (PCC) GRANTS - IN-AID (GIA) RECOMMENDATIONS. (KISMSTANWYCK - 10 MINUTES) RECOMMENDATION: As recommended by the Promotional Coordinating Committee (PCC), approve the 2006-2007 Grants-In-Aid (GIA) and authorize the City Administrative Officer to execute the individual agreements with each grant recipient. 3. THURSDAY-NIGHT PROMOTIONS RULES, REGULATIONS AND FEE CHANGES. (CASH - 30 MINUTES) RECOMMENDATION: Adopt a resolution approving the Downtown Association's changes to Rules, Regulations and Fees for Thursday Night Promotions. 4. AMENDED REIMBURSEMENT AGREEMENT WITH COSTCO FOR REALIGNMENT OF CALLE JOAQUIN. (LOWELL/STANWYCK—20 MINUTES) RECOMMENDATION: Approve an amended reimbursement agreement with Costco Wholesale Corporation (Costco) for the realignment of Calle Joaquin south of Los Osos Valley Road and authorize the Mayor to execute the agreement. 7:00 P.M. PLEDGE OF ALLEGIANCE 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. MINUTES OF TUESDAY, JUNE 6, 2006.. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. C2. NOVEMBER 7. 2006, GENERAL MUNICIPAL ELECTION. (HOOPER) RECOMMENDATION: 1) Adopt a resolution calling and giving notice of a General Municipal Election on Tuesday, November 7, 2006, and adopting regulations pertaining 3 Council Agenda Tuesday, June 20, 2006 to candidates' statements. 2) Adopt a.resolution requesting the San Luis Obispo County Board of Supervisors to consolidate the November 7, 2006, General Municipal Election with the Statewide General Election to be held on that date. C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. (MOSS/MUNDS) RECOMMENDATION: Adopt a resolution authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved. C4. 2007 AMGEN TOUR OF CALIFORNIA PARTICIPATION AGREEMENT. (KISER/FITZGERALD) RECOMMENDATION: Approve agreement with AEG Cycling for the City of San Luis Obispo's participation in the 2007 Amgen Tour of California cycling event and authorize the Mayor to execute the final agreement, contingent upon selection by AEG Cycling for San Luis Obispo to be a host City. C5. AGREEMENT WITH SEAHAWK SWIM CLUB. (KISER) RECOMMENDATION: As recommended by the Parks and Recreation Commission, approve a one-year contract between the City of San Luis Obispo and the Seahawk Swim Club for use of the Swim Center, effective July 1, 2006, to June 30, 2007. C6. SEWER REPLACEMENT— 129 CHORRO. SPECIFICATION NO. 90591. (WALTER/HORN) RECOMMENDATION- 1) Approve an easement agreement which provides for a permanent sewer easement from the owners of the property located at 129 Chorro Street in exchange for construction of a retaining wall. 2) Authorize the Mayor to execute the agreement, accept the easements, and execute any other documents associated with this transaction. 3) Approve the plans and specifications for the "Sewer Replacement— 129 Chorro", Specification No. 90591. 4) Authorize Staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's Estimate of $115,550. C7. INITIATION OF THE PROCESS TO CONSIDER THE ABANDONMENT OF AN UNDEVELOPED PORTION OF SOUTH STREET RIGHT-OF-WAY (ABAN 62- 05; THE VILLAGE AT MAYMONT). (MAN DEVI LLE/MCI LVAI N E) RECOMMENDATION: As recommended by the Planning Commission on May 24, 2006, adopt a Resolution of Intention to consider abandonment of the street right-of- way of an undeveloped portion of South Street and set a public hearing for August 15, 2006. 4 Council Agenda Tuesday, June 20, 2006 C8. EXTENSION OF THE CURRENT CAL POLY TRANSIT SUBSIDY AGREEMENT. (WALTER/O'DELL) RECOMMENDATION: Authorize the CAO to approve an amendment to our Cal Poly Transit Subsidy Agreement extending its term by an additional two months. C9. EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND.PROMOTIONS COORDINATOR. (IRONS) RECOMMENDATION: Adopt a resolution approving the contracts of employment between the City of San Luis Obispo and the Downtown Association Administrator and Promotions Coordinator. C10. APPROPRIATIONS LIMITFOR 2006-07. (STATLER/DOMINGUEZ) RECOMMENDATION: Adopt a resolution establishing the City's appropriations limit for 2006-07. C11. REINSTALLATION OF FLAGPOLE.IN.MITCHELL PARK. (KISER) CAO RECOMMENDATION: Do not approve the Parks and Recreation Commission recommendation to not reinstall the flagpole in Mitchell Park at this time. Instead, approve the reinstallation of the Mitchell Park flagpole to a temporary location near the bandstand in the park, with the specific location to be determined by staff, until such time as the long-term location defined in the Mitchell Park Master Plan is properly ready. C12. DALIDIO RANCH: ELECTIONS CODE SECTION 9111 INPUT. (HAMPIAN) RECOMMENDATION: Direct the CAO to provide staff input to the County regarding the effect of the proposed Dalidio Ranch initiative, if the Board of Supervisors authorizes a 30 day input process pursuant to Elections Code Section 9111. PUBLIC HEARINGS 5. ADOPTION OF 2006-07 WATER RATES. (MOSS - 15 MINUTES) RECOMMENDATION: Adopt a resolution rescinding Resolution No. 9463 (2005 Series) increasing water service charges by 8%, effective July 1, 2006, and adopting revised rate increase of 12%, effective July 1, 2006, and establishing a third tier water rate for single family residential customers using greater than 25 units per month. 5 Council Agenda Tuesday, June 20, 2006 6. ADOPTION OF 2006-07 BUDGET. (STATLER/DOMINGUEZ - 1 HOUR) RECOMMENDATION: Adopt a resolution approving amendments to the 2005-07 Financial Plan and appropriating funds for fiscal year 2006-07. 7. FLOOD DAMAGE-ORDINANCE VARIANCE REQUEST. (WALTER / LYNCH - 20 MINUTES) RECOMMENDATION: Adopt a resolution allowing a variance to the City's flood damage prevention regulations for 229 High Street. 8. CONSIDERATION OF TENTATIVE MAP.NO._2787..A FIVE-UNIT RESIDENTIAL CONDOMINIUM PROJECT-AT 562 SANDERCOCK STREET (TRIER 202-05). (MANDEVILLE/HILL - 20 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, adopt a resolution approving a negative declaration of environmental impact and atentative tract map for a five-unit residential condominium subdivision. BUSINESS ITEMS 9. 2006 WATER RESOURCES STATUS REPORT. (MOSS/HENDERSON -30 MINUTES) RECOMMENDATION: Receive and file report. 10. AFFORDABLE HOUSING STANDARDS— REVISE_FORMULAS FOR RENTS/SALES PRICES. (MAN DEVI LLE/DAVI DSON -20 MINUTES) RECOMMENDATION: Amend the Affordable Housing Standards, specifically the revised formulas for determining the maximum rents and sales process for each income group. 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) ADJOURN. 6 i ADVISORY BODIES ARCHITECTURAL REVIEW COMMISSION(ARC) The ARC generally meets the first and third Monday of each month. The meetings are held in City Hall 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 Ludwick Community Center located at 864 Santa Rosa 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 Council Chamber, City Hall, located at 990 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 Citys Corporation Yard located at 25 Prado Road. Call 781-7220 to confirm dates and times. l _z 0 � - C rtlZ COn4&Uvi7` My name is Andy Rowsemitt.. My wife and I have lived in Laguna Lake Mobile Estates in San Luis Obispo for over four years. Before that we lived in a mobile home in Oceanside, CA, for over twenty-one years. We enjoy our mode of living. And speaking for about a thousand mobile h6mes (1 repeat One Thousand mobile homes) located in the City of San Luis,we hope our way of living continues to be available to all of us. We are asking that you please consider a mobilehome conversion ordinance for the City. ( We know that the County is currently conducting hearings to that end, but realize that the provisions of any conversion ordinance approved by the County would not apply to the City) This segment of the community of San Luis must be protected from those developers who want to change the use of the land to something more revenue productive. The State has mandated low income housing, but developers get around that requirement by paying a "fee" or should I say "fine'%. Many of those living in the mobile homes have occupied their spaces for many years (some over 30) and have experienced tighter budgets because the cost of everything keeps going up. We need available low-cost housing for many people including police and fire personnel, teachers, and many intermediate level income workers of- all sorts. You will find that there is a greater percentage of volunteers for all sorts of charities, hospital personnel, and "do good deeds projects" than in the general population, mostly because many of the residents of parks are retired.. We need these volunteers.. This request for limitations on the park owners is not anything unusual — in fact, the city of Santa Barbara will not allow any mobilehome park to be converted. What we are asking for is a review of existing conversion ordinances to insure that if a park owner persists in converting so that he can better use the land , the existing homes be moved to an equivalent , acceptable space, within a reasonable distance, that moving expenses, moving repairs, extra living costs AND that a fair price for the home be agreed on. This could also include the cost of purchasing replacement mobile homes for those residents owning homes that are not acceptable in other mobile home parks due to size, age or style Thank you. Andy Rowsemitt, 1709 Garnette Drive, SLO tel. 787-0610 garows@earthlink. net / - z � SG = 73aa33sa2 � I \\\ \ / § E / § \ k / > k/ \/ jCA >cn / ® a / ( § Fri * rr, 0nm = = ® P / 2 m r ® c = RPmm r ƒ �ƒ / / mm \ § / � � ) / ) 3 m } cn / / z = k § / � f as y \ \ i g v ( 2 & / / I c / 9 ® � « yz2 \ < I § z % ) � \ § \ § m \ e = @EL m \ \ \ � jEnOcn k \j � @\ o \ \ / ) \ \ 0, $ = � �q } aj f \ \ c 2 � Ct/552 wrso� MEMORANDUM / From the Office of the City Attorney June 19, 2006 To: Mayor and City Council From: Jonathan P. Lowell, City Attorney 01 , Re: Consideration of Mobilehome Park Conversion Ordinance Attached please find a communication from the president of the Laguna Lake Mobile Estates Homeowners Association requesting consideration of a mobilehome park conversion ordinance in San Luis Obispo. While the state has enacted a fairly comprehensive regulatory scheme regarding mobilehome parks, it has left the door open for ordinances of this type. If a Council member raises this issue during the Communications portion of one of your meetings, and a majority of the Council directs me to bring back additional information and a recommendation, I will do so. Attachment cc: Ken Hampian Shelly Stanwyck John Mandeville Audrey Hooper SECEIVED M rev ? 2 zoos SLO CITY CLERK LAGUNA LAKE MOBILE ESTATES HOMEOWNERS ASSOCIATION San Luis Obispo,California Joan Harper Herb Himmerich Dorothy Ramsouer Andy Rowsemitt Les Sorenson Helen Stevens Rosa Sutton May 22,2006 City Council Members 990 Palm Street San Luis Obispo, CA 93401 RE: Request for Consideration of City Mobilehome Park Conversion Ordinance The Board of Directors of the Homeowners Association at Laguna Lake Mobile Estates(LLME), 1801 Prefumo Canyon Road,speaks for residents who occupy 290 units of affordable housing in this mobilehome park within the City. We own our homes but rent the space on which they are located. The owner of the property at LLME is Equity Lifestyle Properties, Inc. (ELS),formerly known as Manufactured Homes Communities, Inc. (MHC). ELS is a real estate investment trust, with corporate offices in Chicago. The executive officers of this corporation continually state that their first responsibility is to their shareholders,and that LLME is not providing them with a "fair market value" return from our space rents. Tberefore,we feel that a move may be made by ELS to convert our park to a space usage which would provide the profit they expect. We are concerned that no protection in the form of a mobilehome park conversion ordinance exists in the City. We have no reason to believe that ELS would voluntarily provide any assistance for park residents shoulda relocation process be forced upon us. Because of this concern, we request that the City Council,members consider the development of a mobilehome park conversion ordinance and that discussion of such action be placed on a near-future agenda. The residents of LLME would greatly appreciate the Council's attention to the potential mobile- home park conversion process in San Luis Obispo. Furthermore, the Board feels that we may be speaking for other mobilehome residents in the City(in excess of 944 additional spaces)also paying space rent to park owners who could decide to convert their parks. 7� oan Harper, Preside LLME Homeowners Association 1012 Kerry Drive, San Luis Obispo,CA 93405 (805)543-7946 San Luis Obispo Property Owners Association f! •_; , P.O.Box 12924 San Luis Obispo,CA 93406 ' SAN LUIS PROPERTY OWNERS' OBSERVATIONS OF THE PRELIMINARY 2005-2007 FINANCIAL PLAN SUPPLEMENT__ _ _ —APPROVED 2006-2007 BUDGET OF JULY 1, 2006 (As of June 20,2006) • Fact 1 — SLOPOA's consultant's (The Center for Government Analysis) recommendations were generally followed in the presentation of the Financial Trends Section of the above referenced document commencing on Page A-9 of the Budget Document. • Fact 2 -- In the past 15 years,the State of California has not funded the City of San Luis Obispo the previously allocated amounts of approximately$22 million(on average about $1.45 million per year)—This trend will probably continue at about the same rate as in previous years,:thus reinforcing the need for the City of SLO to live"-within its means." ® Fact 3 -- Future PERS Investment yields will probably remain flat in the near term future(the next 5 years)and will not return to the pre 9/11 yields of between 8%to 20% per year for some time. A more likely estimate is between 2%to 5%per year making futum city funding of retirement contributions almost a certainty. • Fact 4-- The City of SLO retirement contributions have increased approximately 725% from about $760,000 for 2002-2003 to about$5,500,000 in 2004-2005, and are currently projected to increase about another 11% in the 2006-2007 calendar year. Considering the current rate of retirement, the lengthened life expectancy of past and future city retirees, and the possible accelerated rate of future retirees,new City Employer Retirement Contributions will likely accelerate after the 2006-2007 calendar year. • Fact 5 -- The City of SLO has a"Defined Benefit Pension Plan"which guarantees the amount of.a retired city employee for life. Therefore comparing retired city employees to retired private sector employees who normally have a"Defined Contributions Retirement Plan" such as a private 401K or Sep-IRA Plan is erroneous due to the nature of private sector retirement contributions based on non-uniform employer contributions, stock options, and blended compensation package programs,etc. a Fact 6 --,The City of SLO generally matches employees PERS Retirement Contributions at a rate of 8% of total yearly salary for Non-Sworn Personnel and at a rate of 9% of total yearly salary for Public Safety Sworn Personnel. The City is currently funding only 75.5% of the total PERS retirement levels for Non-Safety Employee Retirement Plans and only 73.6% of the totatPERS retirement levels for Safety Employees which is well below the recommended State of California Standards of about 80%funding of employee retirement plans. (The trend is somewhat alarming due to prior commitments to pay out the required retirement pension benefits when required to do so.) • Fact 7 -- There is absolutely no assurance that the City of SLO will return to Fully Funded Employee Retirement Plans in the near-term future (for the next 5-10 years) due to several external factors including the increasing national debt, flatter yields in the investment markets due to inflationary constraints as well as ever-increasing short& long term interest rates. 2 •Fact 8 -- Several new City of SLO fees as well as increases,to existing City of SLO fees have been enacted in the last 1 to 2 years including: the new multi-family rental inspection fee,the major increases in the city's water rates(a 12%increase) &the city's sewer rates (a 10% increase) and the traffic impact fees (a 300%to 450%increasel as well as the new water access and fire sprinkler maintenance fees among others above the normal yearly C.P.I. fee adjustments. o Fact 9 -- Current City of SLO employee benefits represent about 16.54%of the total projected 2006- 2007 Budget(or about 13.04%without group health insurance) and about-24.80% of the total General Fund Expenditures (or about 19.67% without group health insurance)which is an exceedingly high percentage of all city related expenses. a Fact 10--Considering the above noted facts along with a high likelihood of a significant reduction in "Development Related Fees" due to an overheated local real estate market as well as higher national interest rates and an increasing rate of employee retirements, the City could be faced with a significant"shortfall of funds"to meet its short&long term financial commitments. SAN LUIS OBISPO PROPERTY OWNERS' CONCLUSIONS: Considering the proposed maximum retail sales tax increase of would contribute approximately $4:5 million to the city each year in the short tern future, the City of SLO would clearly have to generate even greater additional revenue to offset current city expenditures based on the ever-increasing employee retirement/benefit plan commitments, future state "Take-Aways"and projected lower(if not negative)PERS investments yields. Therefore, the San Luis Obispo Property Owners' Association strongly recommends that the City make significant progress in curbing its overall expenses as soon as possible in order to "live within its means"before any possible arrival of a"Perfect Financial Storm."This storm may well occur during the next national/state-wide "Recession"or as a result of dramatic changes to our regional economy (similar to the early to mid-1990's) and/or a greatly accelerated employee retirement trend similar to other California cities over the past 10 years. Furthermore,the San Luis Obispo Property Owners' Association, as well as other local business-oriented organizations, do not wish to be placed in the position of having similar discussions with future city councils during the next 5 years, nor do we wish to be considered the"Fall Guys" in the event local city voters do not overwhelmingly support a major retail sales tax increase at this time. Neither option is anpealing_and yet there seems little the San Luis Obispo City Council is willing to do to dramatically reduce city expenditures in our current era of controlled economic and population growth.