HomeMy WebLinkAbout11/12/2002, AGENDA - _/
council agenda
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, November 12, 2002
Action Update
7:00 P.M. REGULAR MEETING Council Chamber
990 Palm Street
Present: Council Members John Ewan, Christine Mulholland,
Ken Schwartz, Vice Mayor Jan Howell Manx,
Mayor Allen K. Settle
CLOSED SESSION ANNOUNCEMENT
The City Attorney will make an announcement about the closed session held on
November 8, 2002 regarding:
CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government
Code § 54956.8
Properties: Court Street/Palm-Morro
Negotiating Parties: City of San Luis Obispo;
Ken Hampian, Jeff Jorgensen, Allan Kotin, Herbert Weiser
Property Owner Representatives:
Tom Copeland, Robin Baggett
Negotiation: Status of Negotiations
City Attorney Jorgensen announced that the closed session was conducted, at
which time Council gave further direction.
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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.
Mayor-Elect Romero, praised the Fire Department for quick and effective response
to a major structure fire at RR Square.
George Rosenberger, County General Services, reported that construction on the
County Government Center Project will begin next week. The project is being
coordinated with the City Public Works Department and the Downtown
Association. The County is requesting to maintain the lane closure on Higuera
Street and, in addition, requests that the north-bound lane on Monterey Street be
closed. The Downtown Association Board of Directors unanimously supports the
request, he reported, and suggests that the contractor be allowed to start earlier
than 7.00 a.m. (See Communications,page 10.)
Kelvin B. Harrison reiterated claims of harrassment and discrimination.
Sheila Baker and Thomas Hutchings requested that a resolution opposing military
action in Iraq be agendized for Council consideration (see memo on file in the
Office of the City Clerk). (See also Communications, page 10.)
Michael Helper shared concern regarding street closures in the downtown during
the holidays. He asserted that there has been a lack of notice and communication
and argued that there has been no study of the financial impact to the downtown.
He encouraged the Council to consider delaying the closure of Monterey Street
until the financial impact can be studied.
Mary Beth Schroeder urged the Council to insist that Cal Poly provide on-campus
student housing. In addition, she voiced opposition to Consent Item C6 and
support for Consent Items C7 and C8.
Deborah Holley. Downtown Association Administrator, spoke regarding the.
possible closure of Monterey Street during construction and indicated that the
Board agreed to form a public relations committee to facilitate communication
between the parties.
Dan Reynolds commented on the transportation section of the Environmental
Impact Report for the Dalidio/San Luis Marketplace Annexation(Consent Item C6)
(see memo on rile in the Office of the City Clerk).
Peter Brown, SLOCOG, agreed with Mr. Reynolds and spoke in support of Consent
Items C13 and C14.
CONSENT AGENDA
The Consent Agenda is approved on one motion. Council Members may pull consent items to be
considered after Business items.
Ci. MINUTES OF TUESDAY, OCTOBER 15, 2002. (PRICE)
RECOMMENDATION: Waive oral reading and approve as presented.
ACTION. Approved. (4:1) (Schwartz refrained due to absence)
C2. WATERLINE REPLACEMENT PROJECT 2001-02, SPECIFICATION NO.
90229. (MCCLUSKEY/REYES)
RECOMMENDATION: 1) Approve plans and specifications for"Waterline
Replacement Project 2001-02."; 2) Authorize staff to advertise for bids for"Waterline
Replacement Project 2001-02.'; 3) Authorize City Administrative Officer to award
contract if lowest responsible bid is within the engineer's estimate totaling $801,060.
ACTION. Approved. (5r0)
C3. UTILITY CHEMICAL BIDS FOR 2003. (MOSS/HENDERSON)
RECOMMENDATION: 1) Approve invitation for bids package for 2003 Water
Treatment Plant and Water Reclamation Facility Chemicals, Specification No. 90371.
2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to
award the contract to the lowest responsible bidder(s), if bid is within available budget.
4) Authorize the City Administrative Officer to extend the contract for an additional year
if chemical cost increases are within cost of living increase. 5) Adopt resolution
authorizing the City Administrative Officer, in future years, to approve invitation for bids
for supplying chemicals and award of the contracts if bids are within available budget.
ACTION: Resolution No. 9377(2002 Series) adopted. (5.0)
C4. AUTHORIZATION OF APPLICATION.FOR GRANT FUNDS FROM THE
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP).
(GEORGE/HAVLIK)
RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an
application for grant monies in the amount of $250,000 from the Environmental
Enhancement and Mitigation Program (EEMP), which would be used in support of
acquisition of the Ahearn property at Stagecoach Road and Highway 101.
ACTION: Resolution No. 9378(2002 Series)adopted. (5:0)
C5. APPROVAL OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE UNITED STATES NATIONAL PARK SERVICE REGARDING THE
JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL. (GEORGE/HAVLIK)
RECOMMENDATION: Approve the Agreement between the City of San Luis Obispo
and United States National Park Service regarding the marking of, and publication
about, the Juan Bautista de Anza National Historic Trail as it crosses through the City of
San Luis Obispo, and authorize the Mayor to sign the Agreement..
ACTION: Approved. (5:0)
C6. CONSULTANT SERVICES FOR AN ENVIRONMENTAL IMPACT REPORT
(EIR) FOR THE DALIDIO/SAN LUIS MARKETPLACE ANNEXATION,
PREZONING, AND DEVELOPMENT PLAN. (MANDEVILLE/WHISENAND)
RECOMMENDATION: a) Approve the workscope for preparation of an Environmental
Impact Report (EIR) for the Dalidio/San Luis Marketplace Annexation/ Prezone/
Development Plan. b) Award the contract in the amount of $118,116 to Rincon
Consultants, Inc., contingent upon the developer depositing with the City the amount of
the contract plus 30% for administrative and review services (total of $153,551).
ACTION: Approved, as amended(workscope to include a ten year cumulative
traffic evaluation of levels of service and circulation for all modes of
transportation). (3:1:1, Mulholland opposed; Settle refrained due to a potential
conflict of interest). Dan Reynolds letter referred to staff.
C7. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE
FARMLAND CONSERVANCY PROGRAM. (GEORGE/HAVLIK)
RECOMMENDATION: Adopt a resolution authorizing submittal of a grant application to
the California Department of Conservation in the amount of $275,000 in support of
acquisition of an agricultural conservation easement on a portion of the 391 acre
Brughelli Ranch on Buckley Road south of the Airport Area.
ACTION: Resolution No. 9379(2002 Series) adopted. (5:0)
C8. APPROVAL.OF A CONSERVATION COVENANT ON A PORTION OF THE
CITY PROPERTY AT 1095 MARSH STREET. (GEORGE/HAVLIK)
RECOMMENDATION: Approve a Conservation Covenant covering a 2,500 square foot
portion of the City of San Luis Obispo's property at 1095 Marsh Street, as required by
the U.S. Army Corps of Engineers in connection with certain stream enhancements on
San Luis Obispo Creek at that location, and subject to non-substantive changes
approved by the City Attorney.
ACTION. Approved. (5:0)
C9. USE OF PROMOTIONAL COORDINATING COMMITTEE (PCC) ENHANCED
PROMOTIONAL FUNDS. (GEORGE/STANWYCK)
RECOMMENDATION: As recommended by the Promotional Coordinating Committee,
allocate $1,600 of Enhanced Promotional Funds to the San Luis Obispo Arts Center for
the marketing of their 2002 Pleinaire Festival to out-of-area collectors and authorize the
Mayor to execute the Agreement with the San Luis Obispo Arts Center.
ACTION. Approved. (5:0)
C10. ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT
AGREEMENT. (MCCLUSKEY/WALTER)
RECOMMENDATION: Approve an agreement with San Luis Obispo County Flood
Control and Water Conservation District Zone 9 for reimbursement of streambed
clearing and exotics control/re-vegetation program and authorize the Mayor to sign.
ACTION: Approved. (5:0)
C11. CORRECTION TO THE AMENDMENT OF CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT TO PROVIDE
2.7% AT 55 RETIREMENT FORMULA FOR MISCELLANEOUS MEMBERS.
(SLATE)
RECOMMENDATION: Adopt a resolution authorizing a correction to the amendment to
the contract between the Board of Administration of PERS and the City of San Luis
Obispo to provide the 2.7% at 55 retirement formula for miscellaneous members.
ACTION. Resolution No. 9380(2002 Series)adopted. (5:0)
C12. TRAFFIC SIGNAL BATTERY BACKUP PROJECT— SPECIFICATION NO.
90079. (MCCLUSKEY/HANSON)
RECOMMENDATION: 1) Approve specifications for Traffic Signal Battery Backup
Systems, Specification No. 90079". 2) Authorize staff to solicit bid for `Traffic Signal
Battery Backup Systems, Specification No. 90079". 3) Allocate $4,300 from the CIP
Reserve account for the remaining cost of the BBS projects. 4) Authorize the CAO to
award a contract if the lowest responsible bidder is within engineer's estimate.
ACTION: Approved. (5:0)
C13. GRANT APPLICATION FOR AN "ENVIRONMENTAL JUSTICE: CONTEXT-
.
SENSITIVE PLANNING FOR COMMUNITIES" GRANT FOR THE BROAD
STREET/HIGHWAY 227 CORRIDOR ENHANCEMENT PLAN FOR THE AREA
ALONG BROAD STREET BETWEEN ORCUTT ROAD AND HIGH STREET.
(MANDEVILLE/DRAZE)
RECOMMENDATION: 1) Adopt a resolution authorizing the Community Development
Director to submit a grant application to the State Division of Transportation for an
Environmental Justice Grant in the amount of $200,000 to fund an Area Plan Study. 2)
Approve funding the required City match in an amount not to exceed $30,000, to
provide professional services related to required CEQA studies. 3) Approve in-kind
expenses from the Community Development Department not to exceed $11,500 (5% of
the total project costs).
ACTION: Resolution No. 9381 (2002 Series)adopted. (5:0)
C14. CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT
APPLICATION. (MCCLUSKEY/SANVILLE)
RECOMMENDATION: As recommended by the Bicycle Advisory Committee (BAC),
adopt a resolution directing the City Administrative Officer to submit a BTA Grant
Application to CalTrans and enter into any required agreements for the installation of
the northern segment of the Railroad Safety Trail between Foothill Boulevard and
Hathaway Street.
ACTION. Resolution No. 9382(2002 Series) adopted. (5:0)
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APPOINTMENTS
Al. APPOINTMENT RECOMMENDATION TO THE PLANNING COMMISSION.
(MARX/EWAN/PRICE —5 MINUTES)
RECOMMENDATION: As recommended by the Council Subcommittee, appoint Carlyn
Christianson to an unexpired term ending March 31, 2005.
ACTION. Approved. (5:0)
PUBLIC HEARINGS
1. RESOLUTION OF INTENTION AND INTRODUCTION OF ORDINANCE TO
PROVIDE 3% AT 50 RETIREMENT FORMULA FOR POLICE SAFETY
EMPLOYEES. (SLATE/JENNY - 10 MINUTES)
RECOMMENDATION: Adopt a resolution of intention and introduce an ordinance
approving an amendment to the contract between the Board of Administration of PERS
and the City of San Luis Obispo to provide the 3% at 50 retirement formula for police
safety employees.
ACTION; Resolution No. 9383(2002 Series) adopted and Ordinance No. 1427
(2002 Series) introduced. (5:0)
2. CONSIDERATION OF A MINOR SUBDIVISION, WITH EXCEPTIONS TO THE.
SUBDIVISION REGULATIONS, AT 1655 ALRITA (MS/ER 139-02).
(MAN DEVI LLE/D U NSMORE - 30 MINUTES)
RECOMMENDATION: Adopt a resolution: 1) Approving a negative declaration and; 2)
Approving a tentative parcel map with exceptions to the subdivision regulations, based
on findings and subject to conditions.
ACTION: Resolution No. 9384(2002 Series)adopted denyina the tentative parcel
map; (3:2, Settle and Ewan opposed).
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3. REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW A
CONDOMINIUM CONVERSION OF 4 APARTMENT UNITS AT 3045
ROCKVIEW PLACE. (TRIER/43-02). (MAN DEVI LLE/DU NSMORE - 30
MINUTES)
RECOMMENDATION: Adopt a resolution denying the tentative tract map to allow
conversion of 4 apartment units to condominiums.
ACTION. Resolution No. 9385(2002 Series) adopted approving a condominium
tract and negative declaration; (5:0)
BUSINESS ITEMS
4. IMPLEMENTATION OF ENERGY CONSERVATION MEASURES AT
SELECTED CITY FACILITIES. (MOSS/MUNDS - 60 MINUTES)
RECOMMENDATION: 1) Approve a) The Scope of Work proposed by Kinetics Energy
Services, Incorporated (Kinetics) for the energy conservation measures to be
implemented at selected City facilities, b) The contract with Kinetics in the amount of
$2,832,892.00 for the preliminary design, design, construction and construction
management of the energy conservation projects and authorize the Mayor to execute
the contract, c) The Support Services and Guaranteed Savings Agreement with Kinetics
and authorize the City Administrative Officer to execute the agreement upon completion
of the installation agreement and acceptance by the City. 2) Adopt findings necessary
to proceed with a "design and build" contract and contract execution. 3) Authorize the
Finance Director to work with the City's financial adviser, Fieldman, Rolapp and
Associates, to secure lease/purchase financing for the energy projects, term not to
exceed 10 years. 4) Appropriate $2,832,900 for these projects, to be funded via
lease/purchase financing and rebates, from the Sewer Fund ($2,309,300), Water Fund
($145,100) and Capital Outlay Fund ($378,500).
ACTION. Continued to December 17 at 4:00 p.m.
5. RECYCLED WATER PRICING POLICY. (MOSS/BAASCH — 15 MINUTES)
RECOMMENDATION: Adopt a resolution setting rates for recycled water at 90% of the
potable water rate.
ACTION: Resolution No. 9386(2002 Series) adopted. (5:0)
,6. RESOLUTION ESTABLISHING A HOUSING ELEMENT TASK FORCE.
(MANDEVILLE/HOOK - 15 MINUTES) (CONTINUED FROM 10/1/02)
RECOMMENDATION: Adopt a resolution establishing an ad hoc Housing Element
Task Force, consistent with direction provided at the October 1, 2002 Council meeting..
ACTION: Resolution No. 9387(2002 Series) adopted as amended. (5:0)
7. CONSIDERATION OF THE HUMAN RELATIONS COMMISSION'S
RECOMMENDATIONS AND PRIORITIES FOR THE 2003 COMMUNITY
DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM. (MANDEVILLE/HOOK -
20 MINUTES)
RECOMMENDATION: As recommended by the Human Relations Commission,
establish the CDBG funding priorities for the 2003 CDBG Program.
ACTION. Approved as revised. (5:0)
COUNCIL LIAISON REPORTS (not to exceed 15 minutes)
Council Members report on conferences or other City activities. Time limit-3 minutes.
Council Member Mulholland reported on the 10/16 County Water Resources
Advisory Committee meeting, the 10/24 Student Community Liaison Committee
meeting, the 10/28 Tree Committee meeting, the 10/28 Cultural Heritage
Committee meeting, and the 11/12 Downtown Association Board of Directors
meeting.
Council Member Schwartz reported on the SLOCOG/SLORTA meeting of
November 6, 2002(see his memo on file in the Office of the City Clerk). Staff will
follow up with written comments about current SLO Transit rider-ship and route
change issues.
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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).
City Clerk Price requested direction regarding the Citizen Appointment to Zone 9
(see memo on file in the Office of the City Clerk). The Council agreed to
recommend to the Board of Supervisors that John French be appointed to a two
year term.
Brief discussion followed regarding the requested closure of Monterey Street by
the County during construction of the new County Government building. Council
accepted the fact that the lane will need to be closed, but doubted an earlier start
work-time would be practical.
Council Member Mulholland requested the "peace"resolution opposing a war in
Iraq be placed on an upcoming agenda. The matter was referred to the Human
Relations Commission.
Adjourned.
council Agcnaa
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, November 12, 2002
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 Manx,
Mayor Allen K. Settle
CLOSED SESSION ANNOUNCEMENT
The City Attorney will make an announcement about the closed session held on
November 8, 2002 regarding:
CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government
Code § 54956.8
Properties: Court Street/Palm-Morro
Negotiating Parties: City of San Luis Obispo;
Ken Hampian, Jeff Jorgensen, Allan Kotin, Herbert Weiser
Property Owner Representatives:
Tom Copeland, Robin Baggett
Negotiation: Status of Negotiations
® City 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.
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Council Agenda Tuesday, November 12, 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 15. 2002. (PRICE)
RECOMMENDATION: Waive oral reading and approve as presented.
C2. WATERLINE REPLACEMENT PROJECT 2001-02, SPECIFICATION NO.
90229. (MCCLUSKEY/REYES)
RECOMMENDATION: 1) Approve plans and specifications for "Waterline
Replacement Project 2001-02."; 2) Authorize staff to advertise for bids for"Waterline
Replacement Project 2001-02."; 3) Authorize City Administrative Officer to award
contract if lowest responsible bid is within the engineer's estimate totaling $801,060.
C3. UTILITY CHEMICAL BIDS FOR 2003. (MOSS/HENDERSON)
RECOMMENDATION: 1) Approve invitation for bids package for 2003 Water
Treatment Plant and Water Reclamation Facility Chemicals, Specification No. 90371.
2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to
award the contract to the lowest responsible bidder(s), if bid is within available budget.
4) Authorize the City Administrative Officer to extend the contract for an additional year
if chemical cost increases are within cost of living increase. 5) Adopt resolution
authorizing the City Administrative Officer, in future years, to approve invitation for bids
for supplying chemicals and award of the contracts if bids are within available budget.
C4. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP).
(GEORGE/HAVLIK)
RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an
application for grant monies in the amount of $250,000 from the Environmental
Enhancement and Mitigation Program (EEMP), which would be used in support of
acquisition of the Ahearn property at Stagecoach Road and Highway 101.
C5. APPROVAL OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE UNITED STATES NATIONAL PARK SERVICE REGARDING THE
JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL. (GEORGE/HAVLIK)
RECOMMENDATION: Approve the Agreement between the City of San Luis Obispo
and United States National Park Service regarding the marking of, and publication
about, the Juan Bautista de Anza National Historic Trail as it crosses through the City of
San Luis Obispo, and authorize the Mayor to sign the Agreement.
3
Council Agenda Tuesday, ivovember 12, 2002
C6. CONSULTANT SERVICES FOR AN ENVIRONMENTAL IMPACT REPORT
(EIR) FOR THE DALIDIO/SAN LUIS MARKETPLACE ANNEXATION,
PREZONING, AND DEVELOPMENT PLAN. (MANDEVILLE/WHISENAND)
RECOMMENDATION: a) Approve the workscope for preparation of an Environmental
Impact Report (EIR) for the Dalidio/San Luis Marketplace Annexation/ Prezone/
Development Plan. b) Award the contract in the amount of$118,116 to Rincon
Consultants, Inc., contingent upon the developer depositing with the City the amount of
the contract plus 30% for administrative and review services (total of $153,551).
C7. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE
FARMLAND CONSERVANCY PROGRAM. (GEORGE/HAVLIK)
RECOMMENDATION: Adopt a resolution authorizing submittal of a grant application to
the California Department of Conservation in the amount of $275,000 in support of
acquisition of an agricultural conservation easement on a portion of the 391 acre
Brughelli Ranch on Buckley Road south of the Airport Area.
C8. APPROVAL OF A CONSERVATION COVENANT ON A PORTION OF THE.
CITY PROPERTY AT 1095 MARSH STREET. (GEORGE/HAVLIK)
RECOMMENDATION: Approve a Conservation Covenant covering a 2,500 square foot
portion of the City of San Luis Obispo's property at 1095 Marsh Street, as required by
the U.S. Army Corps of Engineers in connection with certain stream enhancements on
San Luis Obispo Creek at that location, and subject to non-substantive changes
approved by the City Attorney.
C9. USE OF PROMOTIONAL COORDINATING COMMITTEE (PCC) ENHANCED
PROMOTIONAL FUNDS. (GEORGE/STANWYCK)
RECOMMENDATION: As recommended by the Promotional Coordinating Committee,
allocate $1,600 of Enhanced Promotional Funds to the San Luis Obispo Arts Center for
the marketing of their 2002 Pleinaire Festival to out-of-area collectors and authorize the
Mayor to execute the Agreement with the San Luis Obispo Arts Center.
C10. ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT
AGREEMENT. (MCCLUSKEY/WALTER)
RECOMMENDATION: Approve an agreement with San Luis Obispo County Flood
Control and Water Conservation District Zone 9 for reimbursement of streambed
clearing and exotics control/re-vegetation program and authorize the Mayor to sign.
4
Council Agenda Tuesday, November 12, 2002
C11. CORRECTION TO THE AMENDMENT OF CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT TO PROVIDE.
2.7% AT 55 RETIREMENT FORMULA FOR MISCELLANEOUS MEMBERS.
(SLATE)
RECOMMENDATION: Adopt a resolution authorizing a correction to the amendment to
the contract between the Board of Administration of PERS and the City of San Luis
Obispo to provide the 2.7% at 55 retirement formula for miscellaneous members.
C12. TRAFFIC SIGNAL BATTERY BACKUP PROJECT—SPECIFICATION NO.
90079. (MCCLUSKEY/HANSOM)
RECOMMENDATION: 1) Approve specifications for "Traffic Signal Battery Backup
Systems, Specification No. 90079". 2) Authorize staff to solicit bid for "Traffic Signal
Battery Backup Systems, Specification No. 90079". 3) Allocate $4,300 from the CIP
Reserve account for the remaining cost of the BBS projects. 4) Authorize the CAO to
award a contract if the lowest responsible bidder is within engineer's estimate.
C13. GRANT APPLICATION FOR AN "ENVIRONMENTAL JUSTICE: CONTEXT-
SENSITIVE PLANNING FOR COMMUNITIES" GRANT FOR THE BROAD
STREEWHIGHWAY 227 CORRIDOR ENHANCEMENT PLAN FOR THE AREA
ALONG BROAD STREET BETWEEN ORCUTT ROAD AND HIGH STREET.
(MANDEVI LLE/D RAZE)
RECOMMENDATION: 1) Adopt a resolution authorizing the Community Development
Director to submit a grant application to the State Division of Transportation for an
Environmental Justice Grant in the amount of $200,000 to fund an Area Plan Study. 2)
Approve funding the required City match in an amount not to exceed $30,000, to
provide professional services related to required CEQA studies. 3) Approve in-kind
expenses from the Community Development Department not to exceed $11,500 (5% of
the total project costs).
C14. CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT(BTA) GRANT
APPLICATION. (MCCLUSKEY/SANVILLE)
RECOMMENDATION: As recommended by the Bicycle Advisory Committee (BAC),
adopt a resolution directing the City Administrative Officer to submit a BTA Grant
Application to Caltrans and enter into any required agreements for the installation of the
northern segment of the Railroad Safety Trail between Foothill Boulevard and
Hathaway Street.
5
Council Agenda Tuesday, November 12, 2002
APPOINTMENTS
Al. APPOINTMENT RECOMMENDATION TO THE PLANNING COMMISSION.
(MARX/EWAN/PRICE — 5 MINUTES)
RECOMMENDATION: As recommended by the Council Subcommittee, appoint Carlyn
Christianson to an unexpired term ending March 31, 2005.
PUBLIC HEARINGS
1. RESOLUTION OF INTENTION AND INTRODUCTION OF ORDINANCE TO
PROVIDE 3% AT 50 RETIREMENT FORMULA FOR POLICE SAFETY
EMPLOYEES. (SLATE/JENNY - 10 MINUTES)
RECOMMENDATION: Adopt a resolution of intention and introduce an ordinance
approving an amendment to the contract between the Board of Administration of PERS
and the City of San Luis Obispo to provide the 3% at 50 retirement formula for police
safety employees.
2. CONSIDERATION OF A MINOR SUBDIVISION, WITH EXCEPTIONS TO THE
SUBDIVISION REGULATIONS, AT 1655 ALRITA (MS/ER 139-02).
(MAN DEVI LLE/D UNSMORE - 30 MINUTES)
RECOMMENDATION: Adopt a resolution: 1) Approving a negative declaration and; 2)
Approving a tentative parcel map with exceptions to the subdivision regulations, based
on findings and subject to conditions.
3. REQUEST FOR APPROVAL OFA TENTATIVE TRACT MAP TO ALLOW A
CONDOMINIUM CONVERSION OF 4 APARTMENT UNITS AT 3045
ROCKVIEW PLACE. (TR/ER/43-02). (MANDEVILLE/DUNSMORE - 30
MINUTES)
RECOMMENDATION: Adopt a resolution denying the tentative tract map to allow
conversion of 4 apartment units to condominiums.
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Council Agenda Tuesday, November 12, 2002
BUSINESS ITEMS
4. IMPLEMENTATION OF ENERGY CONSERVATION MEASURES AT
SELECTED CITY FACILITIES. (MOSS/MUNDS - 60 MINUTES)
RECOMMENDATION: 1) Approve a) The Scope of Work proposed by Kinetics Energy
Services, Incorporated (Kinetics) for the energy conservation measures to be
implemented at selected City facilities, b) The contract with Kinetics in the amount of
$2,832,892.00 for the preliminary design, design, construction and construction
management of the energy conservation projects and authorize the Mayor to execute
the contract, c) The Support Services and Guaranteed Savings Agreement with Kinetics
and authorize the City Administrative Officer to execute the agreement upon completion
of the installation agreement and acceptance by the City. 2) Adopt findings necessary
to proceed with a "design and build" contract and contract execution. 3) Authorize the
Finance Director to work with the City's financial adviser, Fieldman, Rolapp and
Associates, to secure lease/purchase financing for the energy projects, term not to
exceed 10 years. 4) Appropriate $2,832,900 for these projects, to be funded via
lease/purchase financing and rebates, from the Sewer Fund ($2,309,300), Water Fund
($145,100) and Capital Outlay Fund ($378,500).
5. RECYCLED WATER PRICING POLICY. (MOSS/BAASCH — 15 MINUTES)
RECOMMENDATION: Adopt a resolution setting rates for recycled water at 90% of the
potable water rate.
6. RESOLUTION ESTABLISHING A HOUSING ELEMENT TASK FORCE.
(MANDEVILLE/HOOK 15 MINUTES) (CONTINUED FROM 10/1/02)
RECOMMENDATION: Adopt a resolution establishing an ad hoc Housing Element
Task Force, consistent with direction provided at the October 1, 2002 Council meeting.
7. CONSIDERATION OF THE HUMAN RELATIONS COMMISSION'S
RECOMMENDATIONS AND PRIORITIES FOR THE 2003 COMMUNITY
DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM. (MANDEVILLE/HOOK -
20 MINUTES)
RECOMMENDATION: As recommended by the Human Relations Commission,
establish the CDBG funding priorities for the 2003 CDBG Program.
COUNCIL LIAISON REPORTS (not to exceed 15 minutes)
Council Members report on conferences or other City activities. Time limit-3 minutes.
7
Council Agenda Tuesday, November 12, 2002
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.
8
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To: Mayor Mayor and City Council Members /> Pn� c.Z
From: Thomas A. Hutchings, Ph.D.
Date: November 7, 2002
Re: Attached Resolution Opposing Military Action in Iraq
Dear Mayor and City Council Members:
I request that you review the attached proposed resolution. I formally request the
resolution being placed on the City Council agenda. This resolution has been passed by
several cities including Santa Cruz and Santa Barbara. It is requested that the Council
adopt the attached resolution opposing military action by the United States against Iraq
and authorize the Mayor to send letters to President Bush and to our federal, state, and
local representatives communicating Council's actions. It is anticipated that adoption
would have no fiscal impact.
Additionally, this matter was brought before the San Luis Obispo Human Relations
Commission at its regularly scheduled November meeting. The Commission approved
placing the resolution on its December 4, 2002 agenda for discussion.
Attachment
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RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO OPPOSING UNILATERAL PREEMPTIVE
MILITARY ACTION AGAINST IRAQ BY THE UNITED
STATES
WHEREAS, the United States is part of the family of nations and a charter
member of the United Nations, subscribing to its principles, including Article 2(4),
which states that "All Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or political independence of any
state" except in self-defense, responding to an armed attack, under Article 51; and
WHEREAS, the government of Iraq has agreed to the unconditional return of
intemational weapons inspectors to determine Iraq's compliance with United Nations
Security Council resolutions concerning the development and possession of
weapons of mass destruction by Iraq; and
WHEREAS, an invasion threatening the survival of Saddam Hussein, the
"regime change" demanded, might well force him (Mr. Hussein) to preemptively
defend himself by using weapons of mass destruction on United States and allied
forces and/or Iraq's neighbors including Israel; and
WHEREAS, an international consensus does not currently exist in support of
United States military action, with most of the world's nations opposing unilateral
preemptive military action by the United States; and
WHEREAS, the citizens of San Luis Obispo and their local elected officials
have the constitutional right, indeed duty, to petition the national government on this
matter of grave concem to our community as part of the national and intemational
debate now underway; and
WHEREAS, the Council of the City of San Luis Obispo cannot speak for all
residents but has been asked by many people to speak out on this momentous issue
facing our nation.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO:
1. Believes that it is in the best interests of our country, and for
peace among the nations of the world, for the United States to act in concert
with the United Nations and not unilaterally, to bring about Iraq's compliance
to disarmament of any weapons of mass destruction; and
2. Reaffirms the articles of the United Nations Charter and the
principles of international law on the peaceful resolution of disputes; and
I
3. Expresses our opposition to the United States threatened
violation of the United Nations Charter by unilateral, preemptive military action
against the sovereign nation of Iraq, and to the dangerous precedent such
action would establish; and
4. Urges the President and Congress to work with and through the
United Nations to obtain compliance by Iraq with United Nations
Security Council resolutions, and to support fully the return of
international weapons inspectors to Iraq for the purpose of
immediate disarmament; and
5. Asserts that war should be only the last resort, after exhausting
all diplomatic and political means, and that war is not to be undertaken
unilaterally or preemptively by the United States or any other country.