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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. I 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) � 1 I 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). 1 1 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. �i 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. l 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. 6 f 1 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 a 361�[iISQ•1 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 (�a mr. s4-ids fV I��Je.rc.b.eU�t 12 . W+d��o o RECEIVED b10M� MNd011bD d31H0 3a1� Ot+Oy D ovo dl4 N D nolovo SLO CITY CLERK dla coo 0 � Bio, noo ❑ ' I 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.