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Home My WebLink About12/03/2002, AGENDA j 1 � council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 3, 2002 Action Update 5:00 P.M. SPECIAL MEETING Council Chamber 990 Palm Street Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Marc, Mayor Allen K. Settle BUSINESS ITEM 1. RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 5. 2002. (PRICE) RECOMMENDATION: Adopt the resolution declaring the results of the election. ACTION. Resolution No. 9392(2002 Series) adopted (5:0) PRESENTATIONS Presentations were made to oubaoing Council Member Jan Howell Marx and Mayor Allen X Settle. APPOINTMENTS Al. OATHS OF OFFICE FOR MAYOR-ELECT AND COUNCIL MEMBERS-ELECT. (PRICE) Council Agenda Tuesday, uecember 3, 2002 Action Update A2. VICE MAYOR APPOINTMENT FOR 2003. (PRICE) RECOMMENDATION: Appoint Council Member Christine Mulholland as Vice Mayor to serve a one-year term commencing upon appointment. ACTION. Approved. (5:0) ADJOURN. 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland, Mayor Dave Romero PRESENTATIONS Mayor Romero recoanized the Joseph Holliday family as "Family of the Year". Mayor Romero presented a proclamation to Kevin Patrick Sullivan recoanizina him as.Poet Laureate for 2002. 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. Lionel Johnson expressed a desire to see a vegetative planting program implemented at Whale Rock Reservoir for the purpose of protecting this resource against erosion. Gary.Fowler reported that large trucks being used by the County's contractor for hauling materials in and out of the new County Government Center worksite are being parked in the middle of the street during the night in the Palm Street/Grand Ave. area. He suggested that the Police Department should be informed of this safety issue. Staff will follow up with City and County staff. 2 4 1 f ! Council Agenda _ Tuesday,-becember 3, 2002 Action Update Kelvin B.Hardson, San Luis Obispo, reiterated claims of harassment and discrimination. Deborah Holley, Downtown Association Administrator, urged the Council to approve Consent Item 6 and encouraged the Council to come to the "Grand Tree Lighting"in Mission Plaza the evening of December eh. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. CONSENT ITEMS C1. MINUTES OF TUESDAY..NOVEMBER 12, 2002, FRIDAY, NOVEMBER 15, 2002 AND TUESDAY, NOVEMBER 19, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved. (4:1) (Romero refrained) C2. AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE 2002. (PRICE) RECOMMENDATION: Adopt a resolution amending the City's Conflict of Interest Code. ACTION. Resolution No. 9393 (2002 Series) adopted. (5:0) C3. FINAL ADOPTION OF ORDINANCE NO. 1427 TO IMPLEMENT 3% AT 50 RETIREMENT FORMULA FOR POLICE SAFETY EMPLOYEES. (SLATE/JENNY) RECOMMENDATION: Adopt Ordinance No. 1427 (2002 Series). ACTION. Ordinance No. 1427(2002 Series) adopted. (5:0) 3 Council Agenda _ Tuesday, December 3, 2002 Action Update C4. CONTRACT RENEWAL FOR CITY COUNCIL CHAMBER CABLECAST OPERATIONS. (PRICE) RECOMMENDATION: Approve a contract with KCBX/SLONET in an amount not to exceed $35,000 per year for Cablecast Operations and authorize the Mayor to execute the contract. ACTION. Approved. (5.0) C5. PURCHASE.OF SANDRA.KAY JOHNSON'S "HEY, DIDDLE-DIDDLE" SCULPTURE FOR THE.CITY'S PUBLIC ART COLLECTION. (GEORGE/DEJARNETTE) RECOMMENDATION: As recommended by the Public Art Jury and the Architectural Review Commission (ARC), authorize the purchase of Sandra Kay Johnson's "Hey, Diddle-Diddle" bronze sculpture for the City's Public Art collection and allocate $8,250 from the Public Art In-Lieu funds to cover expenses associated with the purchase, installation and dedication of the piece. ACTION. Approved. (5:0) C6. EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION. PROMOTIONS COORDINATOR. (SLATEMOLLEY) RECOMMENDATION: Adopt resolution approving a contract of employment between the City of San Luis Obispo and the Downtown Association Promotions Coordinator. ACTION. Resolution No. 9394 (2002 Series)adopted. (5:0) C7. FINAL MAP APPROVAL FOR TRACT 2372 - A 15 LOT SINGLE FAMILY RESIDENTIAL.DEVELOPMENT LOCATED AT 906 CALLE DEL CAMINOS (BERGANTZ DEVELOPMENT CORPORATION, SUBDIVIDER). (MCCLUSKEY/LIVICK) RECOMMENDATION: Adopt a resolution approving the final map for Tract 2372 and authorizing the Mayor to execute the subdivision agreement on behalf of the City. ACTION: Resolution No. 9395(2002 Series) adopted. (5:0) 4 i Council Agenda Tuesday, Liecember 3, 2002 Action Update C8. MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION. (SLATE/JENNY) RECOMMENDATION: Adopt a resolution approving the Memorandum of Agreement between the City and the San Luis Obispo Fire Battalion Chiefs' Association for the period of July 1, 2002 through June 30, 2004. ACTION: Resolution No. 9396(2002 Series) adopted. (5:0) C9. SAN LUIS OBISPO POLICE DEPARTMENT WOMEN'S LOCKER ROOM ADDITION, SPECIFICATION NO. 90052B. (MCCLUSKEY/MCGUIRE) RECOMMENDATION: 1) Award a contract in the amount of $212,212 to Smith Electric Service for the "San Luis Obispo Police Department Women's Locker Room Addition", Specification No. 90052B. 2) Authorize the Mayor to execute the contract. 3) Approve transfer of $61,300 from the Capital Outlay Fund Completed Projects Account to the project account. ACTION: 1-3)Approved. (5:0) C10. GRANT MANAGEMENT POLICY UPDATE. (STATLER) RECOMMENDATION: Adopt a resolution updating the City's grant management policy to authorize Department Heads to submit grant applications and accept awards when they are $5,000 or less, subject to conditions. ACTION. Resolution No. 9397(2002 Series) adopted. (5:0) C11. FINAL ADOPTION OF ORDINANCE NO. 1428 MAKING MINOR REVISIONS AND CORRECTIONS TO THE WATER AND WASTEWATER DEVELOPMENT IMPACT FEE AND WATER AND SEWER SERVICE SECTIONS OF THE MUNICIPAL CODE. (MOSS/BAASCH) RECOMMENDATION: Adopt Ordinance No. 1428 (2002 Series). ACTION: Ordinance No. 1428(2002 Series)adopted. (5:0) 5 Council Agenda Tuesday,-December 3, 2002 Action Update PUBLIC HEARINGS 2. APPEAL OF THE PLANNING COMMISSION DECISION TO DENY PROPOSED HIGH-OCCUPANCY RESIDENTIAL USE PERMIT FOR EIGHT ADULTS ON 520 GRAND AVENUE (A 90-2). — (CONTINUED FROM 10/15/02). (MANDEVILLE/CODRON — 1 HOUR) RECOMMENDATION: Deny 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: Resolution No. 9398(2002 Series)adopted. (5:0) 3. MINOR SUBDIVISION WITH EXCEPTIONS TO LOT DEPTH AND SETBACK REQUIREMENTS, 530 SERRANO (MS(ER 110-02). (MANDEVILLE/CODRON —45 MINUTES) RECOMMENDATION: Adopt a resolution approving a tentative parcel map with exceptions to the subdivision regulations and approving a negative declaration of environmental impact, based on findings and subject to conditions of approval. ACTION: Resolution No. 9399(2002 Series) adopted den in the tentative map. (4:1) (Romero opposed). BUSINESS ITEMS, CONTINUED 4. ACCEPTANCE OF A $75,000 DONATION FOR THE PURCHASE OF ELIZABETH MCOUEEN'S SCULPTURE PUCKAND APPROPRIATION OF FUNDING FOR PUBLIC ART INSTALLATION. (GEORGE/DEJARNETTE — 10 MINUTES) RECOMMENDATION: 1) As recommended by the Public Art jury, adopt a resolution accepting a monetary donation of $75,000 from citizens in the community for the purchase of Elizabeth McQueen's sculpture Puck for the City's Public Art collection. 2) Appropriate up to $15,000 from the Public Art In-Lieu account to complete funds needed for the purchase, installation and dedication of Puck. 3) Authorize staff to proceed with the purchase of Puck. 4) Appropriate $3,300 from the Public Art In-Lieu account to pay for installation costs associated with Carol Paulson's mural on Marsh Street Parking Structure expansion. ACTION: 1) Resolution No. 9400(2002 Series) adopted. (5:0)2-4)Approved. (5.0) 6 I Council Agenda Tuesday;pecember 3, 2002 Action Update COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. None. 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). Vice Mayor Mulholland spoke regarding the Monterey Bay National Marine Sanctuary(see memo on file in the Office of the City Clerk). She recommended a letter to reaffirm the City's support of the Sanctuary and in support of establishing a committee that will research the formation of an independent sanctuary. The City Attorney agreed to draft a letter for the Mayor's signature. A. ADJOURN. 7 council agenda CITY OF SAN LUIS OBISFO CITY HALL, 990 PALM STREET Tuesday, December 3, 2002 5:00 P.M. SPECIAL MEETING Council Chamber 990 Palm Street 'Note: The Regular Meeting will convene at 7:00 p.m. 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 PRESENTATIONS PRESENTATIONS TO OUTGOING COUNCIL MEMBER JAN HOWELL MARX AND MAYOR ALLEN K. SETTLE. BUSINESS ITEM 1. RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 5. 2002. (PRICE) RECOMMENDATION: Adopt the resolution declaring the results of the election. ® 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. Council Agenda Tuesday,December 3, 2002 APPOINTMENTS Al. OATHS OF OFFICE FOR MAYOR-ELECT AND COUNCIL MEMBERS-ELECT. (PRICE) A2. VICE MAYOR APPOINTMENT FOR 2003. (PRICE) RECOMMENDATION: Appoint Council Member Christine Mulholland as Vice Mayor to serve a one-year term commencing upon appointment. ADJOURN. 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Dave Romero PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland, Mayor Dave Romero PRESENTATIONS RECOGNITION OF FAMILY OF THE YEAR. (ROMERO —5 MINUTES) PROCLAMATION RECOGNIZING POET LAUREATE KEVIN PATRICK SULLIVAN. (ROMERO —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. 3 Council Agenda Tuesday;December 3, 2002 CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. CONSENT ITEMS C1. MINUTES OF TUESDAY, NOVEMBER 12, 2002, FRIDAY, NOVEMBER 15, 2002 AND TUESDAY, NOVEMBER 19, 2002. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. C2. AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE 2002. (PRICE) RECOMMENDATION: Adopt a resolution amending the City's Conflict of Interest Code. C3. FINAL-ADOPTION OF ORDINANCE NO. 1427 TO IMPLEMENT 3% AT 50 RETIREMENT FORMULA FOR POLICE SAFETY EMPLOYEES. (SLATE/JENNY) RECOMMENDATION: Adopt Ordinance No. 1427 (2002 Series). C4. CONTRACT RENEWAL FOR CITY COUNCIL CHAMBER CABLECAST OPERATIONS. (PRICE) RECOMMENDATION: Approve a contract with KCBX/SLONET in an amount not to exceed $35,000 per year for Cablecast Operations and authorize the Mayor to execute the contract. C5. PURCHASE OF SANDRA KAY JOHNSON'S "HEY, DIDDLE-DIDDLE" SCULPTURE FOR THE CITY'S PUBLIC ART COLLECTION. (GEORGE/DEJARNETTE) RECOMMENDATION: As recommended by the Public Art Jury and the Architectural Review Commission (ARC), authorize the purchase of Sandra Kay Johnson's "Hey, Diddle-Diddle" bronze sculpture for the City's Public Art collection and allocate $8,250 from the Public Art In-Lieu funds to cover expenses associated with the purchase, installation and dedication of the piece. 4 i Council Agenda Tuesday,December 3, 2002 C6. EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION PROMOTIONS COORDINATOR. (SLATE/HOLLEY) RECOMMENDATION: Adopt a resolution approving a contract of employment between the City of San Luis Obispo and the Downtown Association Promotions Coordinator. C7. FINAL MAP APPROVAL FOR TRACT 2372 -A 15 LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 906 CALLE DEL CAMINOS (BERGANTZ DEVELOPMENT CORPORATION, SUBDIVIDER). (MCCLUSKEY/LIVICK) RECOMMENDATION: Adopt a resolution approving the final map for Tract 2372 and authorizing the Mayor to execute the subdivision agreement on behalf of the City. C8. MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION. (SLATE/JENNY) RECOMMENDATION: Adopt a resolution approving the Memorandum of Agreement between the City and the San Luis Obispo Fire Battalion Chiefs' Association for the period of July 1, 2002 through June 30, 2004. C9. SAN LUIS OBISPO POLICE DEPARTMENT WOMEN'S LOCKER ROOM ADDITION, SPECIFICATION NO. 90052B. (MCCLUSKEY/MCGUIRE) RECOMMENDATION: 1) Award a contract in the amount of $212,212 to Smith Electric Service for the "San Luis Obispo Police Department Women's Locker Room Addition", Specification No. 90052B. 2) Authorize the Mayor to execute the contract. 3) Approve transfer of $61,300 from the Capital Outlay Fund Completed Projects Account to the project account. C10. GRANT MANAGEMENT POLICY UPDATE. (STATLER) RECOMMENDATION: Adopt a resolution updating the City's grant management policy to authorize Department Heads to submit grant applications and accept awards when they are $5,000 or less, subject to conditions. C11. FINAL.ADOPTION OF ORDINANCE N0. 1428MAKINGMINOR REVISIONS AND CORRECTIONS TO THE WATER AND WASTEWATER DEVELOPMENT IMPACT FEE AND WATER AND SEWER SERVICE SECTIONS OF THE MUNICIPAL CODE. (MOSS/BAASCH) RECOMMENDATION: Adopt Ordinance No. 1428 (2002 Series). 5 Council Agenda Tuesday, December 3, 2002 PUBLIC HEARINGS 2. APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A PROPOSED HIGH-OCCUPANCY RESIDENTIAL USE PERMIT FOR EIGHT ADULTS ON 520 GRAND AVENUE(A 90-2).- (CONTINUED FROM 10/15/02). (MANDEVILLE/CODRON — 1 HOUR) RECOMMENDATION: Deny the appeal and the request for a high-occupancy residential use permit, based on the Planning Commission recommendation, with modified findings provided by staff. 3. MINOR SUBDIVISION WITH EXCEPTIONS TO LOT DEPTH AND SETBACK REQUIREMENTS, 530 SERRANO (MS/ER 110-02). (MANDEVILLE/CODRON —45 MINUTES) RECOMMENDATION: Adopt a resolution approving a tentative parcel map with exceptions to the subdivision regulations and approving a negative declaration of environmental impact, based on findings and subject to conditions of approval. BUSINESS ITEMS, CONTINUED 4. ACCEPTANCE OF A$75.000 DONATION FOR THE PURCHASE OF ELIZABETH MCQUEEN'S SCULPTURE PUCKAND APPROPRIATION OF FUNDING FOR PUBLIC ART INSTALLATION. (GEORGE/DEJARNETTE — 10 MINUTES) RECOMMENDATION: 1) As recommended by the Public Art jury, adopt a resolution accepting a monetary donation of $75,000 from citizens in the community for the purchase of Elizabeth McQueen's sculpture Puck for the City's Public Art collection. 2) Appropriate up to $15,000 from the Public Art In-Lieu account to complete funds needed for the purchase, installation and dedication of Puck. 3) Authorize staff to proceed with the purchase of Puck. 4) Appropriate $3,300 from the Public Art In-Lieu account to pay for installation costs associated with Carol Paulson's mural on Marsh Street Parking Structure expansion. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 6 Council Agenda Tuesday, December 3, 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).. A. ADJOURN. 7