The URL can be used to link to this page

Home My WebLink About10/15/2002, AGENDA r_ councit agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, October 15, 2002 Action Update CLOSED SESSION 6:30 P.M. CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation/initiation of Litigation, Pursuant to Government Code § 54956.9(c) Number of Cases: 1 City Attorney Jorgensen announced that the Council authorized the initiation of one case. 6:40 P.M. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Miossi Ranch (Cuesta Grade) Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner: Harold Miossi Negotiation: Whether to Negotiate/Acquire City Attorney Jorgensen announced that the Council gave direction for further negotiations. Council Agenda Tuesday, October 15, 2002 Action Update 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Present: Council Members John Ewan, Christine.Mulholland, Vice Mayor Jan Howell Marx, Mayor Allen K. Settle Absent: Council Member Ken Schwartz OCTOBER 9.2002 CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Court Street/ Palm Street Negotiating Parties: City Of San Luis Obispo: Herbert Weiser, Allan Kotin, Shelly Stanwyck Property Owner Representatives: Robin Baggett, Tom Copeland Negotiation: Whether To Negotiate/Acquire City Attorney Jorgensen announced that the closed session was held to receive instructions from the Council regarding the property exchange. PRESENTATIONS Mayor Settle presented a proclamation to Shawna Tomson for Disability Achievement Day October 18, 2002. Ms. Tomson presented an award to SLO citizen Raymond Castro. Mayor Settle presented a proclamation to Ann Havlik and Ronda Arbagast of the Central Coast Dental Hygiene Society recognizing the month of October as Dental Hygiene Month. Mayor Settle presented a proclamation to Gordon Mullin for National Population Awareness Week, October 20-26, 2002. Mayor Settle presented an employee suggestion award to Glenn Luback(Water Reclamation). 2 I Council Agenda Tuesday, October 15, 2002 Action Update Community Development Director Mandeville introduced Hilary Hodges, Assistant Planner, as a new employee in the Community Development Department. 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. Andrew Carter, 1283 Woodside Drive, questioned the Mayor about his Form 700, Statements of Economic Interest Mary Beth Schroeder, 2085 Wilding Lane, voiced opposition to current plans to develop Court Street /n addition, she asked the Council not to spend any money to repaint the Palm Street Garage(Consent Agenda Item #C5)and voiced opposition to the recommendation for Consent Agenda Item #C10. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. MINUTES OF TUESDAY, OCTOBER 1, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved. (4-0) C2. SUPPORT FOR THE PASSAGE OF THE HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002; PROPOSITION 46 ON THE NOVEMBER BALLOT. (MANDEVILLE/DRAZE) RECOMMENDATION: Adopt a resolution supporting the passage of Proposition 46 on November's statewide ballot. ACTION. Resolution No. 9370(2002 Series) adopted. (4-0) 3 Council Agenda Tuesday,-/October 15, 2002 Action Update C3. ADOPT A RESOLUTION AUTHORIZING THE CITY OF SAN LUIS OBISPO'S HUMAN RESOURCES STAFF ACCESS TO DEPARTMENT OF JUSTICE CONFIDENTIAL INFORMATION. (SLATE/SYLVAIN) RECOMMENDATION: Adopt a resolution authorizing a policy that permits specific Human Resources staff to access Department of Justice confidential background information for new employees of the City of San Luis Obispo through the State's Applicant Live Scan system. ACTION. Resolution No. 9371 (2002 Series) adopted. (4-0) C4. ALLOCATION OF FUNDS TO THE.SAN LUISS-OBISPO YOUTH SPORTS ASSOCIATION FOR FIELD IMPROVEMENTS IN LIEU OF USER FEES FOR YOUTH SPORTS ORGANIZATIONS ON SCHOOL DISTRICT FIELDS. (LESAGE/FITZGERALD) RECOMMENDATION: 1) As approved by the Advisory Committee on Joint Use of Recreational Facilities, allocate $20,000 from Recreation Administration Grants-in-Aid to the San Luis Obispo Youth Sports Association (SLOYSA) for funding field improvements in lieu of user fees for local youth sports organizations on San Luis Coastal Unified School District (SLCUSD) fields. 2) Authorize the Mayor to execute an agreement to release the funds. ACTION. Approved. (4-0) C5. REJECT BIDS FOR PALM STREET PARKING GARAGE PAINT PROJECT, SPECIFICATION NO. 99858. (MCC LUS KEY/O PALEWSKI) RECOMMENDATION: Reject all bids received for the Palm Street Parking Garage Paint Project, Specification No. 99858. ACTION. Approved. (4-0) C6. SLO-TRANSIT FLEET ACTION PLAN PER CALIFORNIA AIR RESOURCES BOARD (CARB) RESOLUTION 00-2. (MCCLUSKEY/O'DELL) RECOMMENDATION: Adopt a resolution approving the SLO-Transit Fleet Action Plan, in accordance with the requirements of CARB Resolution 00-2. ACTION: Resolution No. 9372(2002 Series) adopted. (4-0) 4 Council Agenda Tuesday,"October 15, 2002 Action Update C7. CONTRACT AMENDMENT NO. 1 TO THE TRANSIT SERVICE CONTRACT WITH FIRST TRANSIT. INC. (MCCLUSKEY/BOCHUM/O'DELL) RECOMMENDATION: 1) Approve contract Amendment No. 1 to the First Transit, Inc., FY 2001-03 transit service contract, execute the first year extension clause in the transit service contract for FY 2004-05 in the amount not to exceed $1,836,100, and authorize the Mayor to execute the amendment. 2) Appropriate an additional $66,900 from the working capital balance to the purchased transportation account in the Transit Program operating budget. ACTION: Approved. (4-0) C8. SLACK WATER TANK OVERFLOW (SPECIFICATION NO. 90198). (MCCLUSKEY/HORN) RECOMMENDATION: 1) Approve plans and specifications for "Slack Water Tank Overflow, Specification No. 90198." 2) Authorize staff to advertise for bids. 3) Authorize the CAO to award the construction contract if the accepted bid is within the engineer's estimate $59,000. ACTION. Approved. (4-0) C9. MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION (SLOPSOA). (SLATE/JENNY) RECOMMENDATION: Adopt a resolution approving the MOA between the City and SLOPSOA for the period of July 1, 2002 through June 30, 2004. SLOPSOA represents the Police Sergeants, Lieutenants and Captains. ACTION: Resolution No. 9373 (2002 Series) adopted. (4-0) C10. FIBER OPTIC INFRASTRUCTURE PARTNERSHIP WITH CAL POLY. (STATLER) RECOMMENDATION: Approve a Memorandum of Understanding (MOU) with Cal Poly establishing a fiber optic infrastructure partnership and authorize the Mayor to sign the MOU. ACTION. Approved. (4-0) 5 Council Agenda Tuesday,-October 15, 2002 Action Update PUBLIC HEARINGS 1. FEDERAL TRANSIT GRANT FOR FY 2002-03.—TRANSIT PROGRAM OF PROJECTS FOR 2002-03. (MCCLUSKEY/O'DELL—5 MINUTES) RECOMMENDATION: 1) Conduct a public hearing to review the Transit Program of Projects for FY 2002-03; 2) Adopt a resolution authorizing the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of $846,597. ACTION: Resolution No. 9374 (2002 Series) adopted. (4-0) 2. 2002-03 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE PLAN. (GARDINER/BISHOP— 10 MINUTES) RECOMMENDATION: Adopt a resolution approving an expenditure of $30,469, in 2002/03 Local Law Enforcement Block Grant Funds, with a required local 1/9th City match of $3,385 to enhance security measures in and around the Police Department facility as recommended by the Chief of Police. ACTION. Resolution No. 9375(2002 Series)adopted. (4-0) 3. APPEAL OF THE PLANNING COMMISSION DENIAL OF A HIGH OCCUPANCY USE PERMIT APPLICATION AT 520 GRAND AVENUE; GRAND AVENUE PROPERTIES, APPLICANT. (MAN DEVI LLE/COD RON — 1 HOUR) RECOMMENDATION: Adopt a resolution denying the appeal and the request for a high-occupancy residential use permit, based on the Planning Commission recommendation, with modified findings provided by staff. ACTION. Continued the appeal at the request of the applicant/appellant to either the first or second meeting in December. (4-0) 4. MINOR SUBDIVISION (MS 13-02) WITH EXCEPTION AT 2915 JOHNSON AVENUE: LACHEMANN. APPLICANTS. (MANDEVILLE/AZEVEDO —45 MINUTES) RECOMMENDATION: Adopt a resolution: 1) approving a mitigated negative declaration and 2) approving a tentative parcel map with an exception to the subdivision regulations, based on findings and subject to conditions. ACT/0N. Resolution No. 9376(2002 Series) adopted. (4-0) 6 Council Agenda Tuesday,October 15, 2002 Action Update BUSINESS ITEMS 5. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (STATLER— 15 MINUTES) (CONTINUED FROM 10/1/02) RECOMMENDATION: Approve an approach to "project-by-project" fiscal impact analysis based on its consistency with the General Plan. ACTION. Approved. (4-0) 6. DAMON-GARCIA SPORTS FIELDS, SPECIFICATION NO. 99826. (MCCLUSKEY/LESAGE/VAN BEVEREN — 10 MINUTES) RECOMMENDATION: 1) Approve plans and specifications for "Damon Garcia Sports Fields," Specification No. 99826. 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award a contract if the lowest responsible bid is within the engineer's construction estimate of $3,960,000. 4) Approve a Public Art Project designation for this project and allocate $20,000 from the project budget for that purpose. ACTION. 1-4 Approved. Staff directed to include in the RFP a specification that the art project be family-friend/y, youth-oriented and possibly interactive. (4-0) COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. Council Member Ewan reported on the North County Water Purveyors Group(on file in the Office of the City Clerk). Council Member Marx announced that there is a vacancy on the Planning Commission. Council Member Mulholland reported on the September 19th Bicycle Advisory Committee meeting, the September 2&" California Mens Colony Citizens Advisory Committee meeting and the October 8th Downtown Association Board meeting. Council Member Mulholland provided an update on the Mardi Gras Parade to be held Sunday, March 2, 2003,starting at 2.00 p.m. on Marsh Street. 7 Council Agenda Tuesday, October 15, 2002 Action Update 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). Council discussed Council Member Schwartz's proposal for enhancement of the Fremont Marker(memo on file in the Office of the City Clerk). Council endorsed the concept The matter has been referred to the CHC(10/28/02)and to the ARC(date pending). Mayor Settle announced that the Iron Roads Pioneer bronze sculpture will be installed later this week Council Member Mulholland suggested that the Council consider inviting high school students to attend the League of California Cities Annual Conference and also that student leaders from SLOHS and Mission College Prep be invited to attend Student Community Liaison Committee(SCLC)meetings. Mayor Settle agreed to take the suggestion to the next SCLC meeting(10/24/02). Staff agreed to learn more about student participation at the LCC Annual Conference. ADJOURN. 8 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, October 15, 2002 Added Closed Session -- 6:30 p.m. CONFERENCE WITH LEGAL COUNSEL—Anticipated Litigation/Initiation of Litigation, Pursuant to Government Code § 54956.9(c) Number of Cases 1 ® Regular City Council meetings are broadcast on KCPR,91.3 FM and Charter N Cable Channel 20. The City of San Luis Obispo is committed to include the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf(805) 781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7103. council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, October 15, 2002 CLOSED SESSION 6:40 P.M. A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Miossi Ranch (Cuesta Grade) Negotiating Parties: City of San Luis Obispo, Neil Havlik: Property Owner: Harold Miossi Negotiation: Whether to Negotiate/Acquire 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Marx, Mayor Allen K. Settle goCity Council regular meetings are broadcast live on KCPR, 91.3 FM and Charter Channel 20. The City of San Luis Obispo is committed to include the disabled in all of its services,programs,and activities. Telecommunications Device for the Deaf (805)781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7103. Council Agenda Tuesday,"October 15, 2002 B. OCTOBER_9, 2002 CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY: Court Street/ Palm Street NEGOTIATING PARTIES: City of San Luis Obispo: Herbert Weiser, Allan Kotin, Shelly Stanwyck Property Owner Representatives: Robin Baggett, Tom Copeland NEGOTIATION: Whether to Negotiate/Acquire PRESENTATIONS PROCLAMATION FOR DISABILITY_ACHIEVEMENT_DAY. (SETTLE-5 MINUTES) PROCLAMATION FOR DENTAL HYGIENE MONTH. (SETTLE — 5 MINUTES) PROCLAMATION FOR NATIONAL POPULATION AWARENESS WEEK, OCTOBER 26- 26,2002.. (SETTLE —5 MINUTES) EMPLOYEE,SUGGESTION AWARD. (SYLVAIN — 5 MINUTES) NEW EMPLOYEE INTRODUCTION: .HILARY HODGES, ASSISTANT PLANNER. (MANDEVILLE-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. 2 Council Agenda Tuesday;-October 15, 2002 CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. MINUTES OF TUESDAY, OCTOBER 1, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. C2. SUPPORT FOR THE PASSAGE OF THE HOUSING AND-EMERGENCY SHELTER TRUST FUND ACT OF 2002: PROPOSITION-46 ON THE NOVEMBER BALLOT. (MAND EVI LLE/D RAZE) RECOMMENDATION: Adopt a resolution supporting the passage of Proposition 46 on November's statewide ballot. C3. ADOPT A RESOLUTION AUTHORIZING THE.CITY OF SAN LUIS OBISPO'S HUMAN RESOURCES STAFF ACCESS TO DEPARTMENT OF JUSTICE CONFIDENTIAL INFORMATION. (SLATE/SYLVAIN) RECOMMENDATION: Adopt a resolution authorizing a policy that permits specific Human Resources staff to access Department of Justice confidential background information for new employees of the City of San Luis Obispo through the State's Applicant Live Scan system. C4. ALLOCATION OF FUNDS TO THE SAN LUIS OBISPO YOUTH SPORTS ASSOCIATION FOR-FIELD IMPROVEMENTS IN LIEU OF USER FEES FOR. YOUTH SPORTS ORGANIZATIONS_ ON SCHOOL DISTRICT FIELDS. (LESAGE/FITZGERALD) RECOMMENDATION: 1) As approved by the Advisory Committee on Joint Use of Recreational Facilities, allocate $20,000 from Recreation Administration Grants-in-Aid to the San Luis Obispo Youth Sports Association (SLOYSA) for funding field improvements in lieu of user fees for local youth sports organizations on San Luis Coastal Unified School District(SLCUSD) fields. 2) Authorize the Mayor to execute an agreement to release the funds. C5. REJECT BIDS FOR PALM STREET PARKING GARAGE PAINT PROJECT, SPECIFICATION N0. 99858. (MCCLUSK.EY/OPALEWSKI) RECOMMENDATION: Reject all bids received for the Palm Street Parking Garage Paint Project, Specification No. 99858. 4 Council Agenda Tuesday,October 15, 2002 C6. SLO-TRANSIT FLEET ACTION PLAN PER CALIFORNIA AIR RESOURCES BOARD (GARB) RESOLUTION 00-2. (MCCLUSKEY/O'DELL) RECOMMENDATION: Adopt a resolution approving the SLO-Transit Fleet Action Plan, in accordance with the requirements of CARB Resolution 00-2. C7. CONTRACT AMENDMENT NO. 1 TO THE TRANSIT SERVICE CONTRACT WITH FIRST TRANSIT, INC. (MCCLUSKEYBOCHUMO'DELL) RECOMMENDATION: Pending. C8. SLACK WATER TANK OVERFLOW (SPECIFICATION NO. 90198). (MCCLUSKEY/HORN) RECOMMENDATION: 1) Approve plans and specifications for "Slack Water Tank Overflow, Specification No. 90198." 2) Authorize staff to advertise forbids. 3) Authorize the CAO to award the construction contract if the accepted bid is within the engineer's estimate $59,000. C9. MEMORANDUM OF AGREEMENT(MOA)BETWEEN THE CITY AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION (SLOPSOA). (SLATE/JENNY) RECOMMENDATION: Adopt a resolution approving the MOA between the City and SLOPSOA for the period of July 1, 2002 through June 30, 2004. SLOPSOA represents the Police Sergeants, Lieutenants and Captains. C10. FIBER OPTIC INFRASTRUCTURE PARTNERSHIP WITH CAL POLY. (STATLER) RECOMMENDATION: Approve a Memorandum of Understanding (MOU) with Cal Poly establishing a fiber optic infrastructure partnership and authorize the Mayor to sign the MOU. PUBLIC HEARINGS 1. FEDERAL TRANSIT GRANT FOR FY 2002-03 —TRANSIT PROGRAM OF PROJECTS FOR 2002-03. (MCCLUSKEY/O'DELL— 5 MINUTES) RECOMMENDATION: 1) Conduct a public hearing to review the Transit Program of Projects for FY 2002-03; 2) Adopt a resolution authorizing the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of $846,597. 5 Council Agenda Tuesday, October 15, 2002 2. 2002-03 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE PLAN. (GARDINER/BISHOP— 10 MINUTES) RECOMMENDATION: Adopt a resolution approving an expenditure of $30,469, in 2002/03 Local Law Enforcement Block Grant Funds, with a required local 1/9t' City match of $3,385 to enhance security measures in and around the Police Department facility as recommended by the Chief of Police. 3. APPEAL OF THE PLANNING COMMISSION DENIAL OFA HIGH OCCUPANCY USE PERMIT APPLICATION AT 520 GRAND AVENUE, GRAND AVENUE PROPERTIES. APPLICANT. (MANDEVILLE/CODRON — 1 HOUR) RECOMMENDATION: Adopt a resolution denying the appeal and the request for a high-occupancy residential use permit, based on the Planning Commission recommendation, with modified findings provided by staff. 4. MINOR SUBDIVISION (MS 11-02) WITH EXCEPTION AT 2915 JOHNSON AVENUE: LACHEMANN, APPLICANTS. (MANDEVILLE/AZEVEDO —45 MINUTES) RECOMMENDATION: Adopt a resolution: 1) approving a mitigated negative declaration and 2) approving a tentative parcel map with an exception to the subdivision regulations, based on findings and subject to conditions. BUSINESS ITEMS 5. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. (STATLER — 15 MINUTES) (CONTINUED FROM 10/1/02) RECOMMENDATION: Approve an approach to "project-by-project' fiscal impact analysis based on its consistency with the General Plan. 6. DAMON-GARCIA SPORTS FIELDS, SPECIFICATION NO. 99826. (MCCLUSKEY/LESAGE/VAN BEVEREN — 10 MINUTES) RECOMMENDATION: 1) Approve plans and specifications for"Damon Garcia Sports Fields," Specification No. 99826. 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award a contract if the lowest responsible bid is within the engineer's construction estimate of $3,960,000. 4) Approve a Public Art Project designation for this'project and allocate $20,000 from the project budget for that purpose. 6 Council Agenda Tuesday;October 15, 2002 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). C. ADJOURN. 7