Loading...
HomeMy WebLinkAbout12/03/2002, BUS 1 - RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 5, 2002 council Mafi,D.rc O� j acEnaa wpont ' I CITY O F SAN LU I S O B I S P O FROM: Lee Price, City Cler SUBJECT: RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY,NOVEMBER 5, 2002 CAO RECOMMENDATION Adopt the Resolution declaring the results of the election. DISCUSSION California Elections Code Section 10262 requires the City Council to adopt a resolution reciting the facts of the election. The canvassing of the returns for the November 5, 2002 election was performed by the County Clerk-Recorder in accordance with Resolution No. 9324. The County Clerk-Recorder has certified the results of the vote for each candidate for the offices of Mayor and Members of the City Council and for Ballot Measure L-02. The certificate of the canvass was issued by the County Clerk-Recorder on November 20, 2002, has been received by the City Clerk and is attached to the Resolution as Exhibits A and B. Measure L-02, a charter amendment that would amend charter section 901 concerning public works to be done by contract,was approved by a majority vote. Pursuant to Section 9269 of the California Elections Code, the Secretary of State must accept and file the charter amendment before it takes effect. FISCAL IMPACT There are no costs associated with the adoption of this resolution. An invoice describing the costs to conduct the election has not yet been received by the City Clerk; however, anticipated expenses are accounted for and included in the City Clerk Elections budget. Attachments: 1. Resolution 2. Exhibit A (County Clerk-Recorder Certificate and Statement of Votes Cast—Candidates) 3. Exhibit B (County Clerk-Recorder Certificate and Statement of Votes Cast — Ballot Measure) GA702-01 Elections\Election 2002\Election Staff Reports\2002 Election Results Report GA702-01 Elections\Election 2002\Election Resolutions\2002 Election Results Reso ISI ATTACHMENT 1 RESOLUTION NO. (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 5, 2002 WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on Tuesday, November 5, 2002, as required by State Law and the Charter of the City of San Luis Obispo, for the purpose of electing one Mayor and two Members of the City Council; and WHEREAS, one ballot measure proposing an amendment to the City Charter(Measure L-02) was submitted to the voters on Tuesday, November 5, 2002; and WHEREAS, the Results of the Canvass of All Votes Cast at the Consolidated General Election held on November 5, 2002 has been certified by the County Clerk-Recorder and is attached and made a part hereof as Exhibits A and B and are hereby entered by the City Clerk in the official records of the City; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that: SECTION 1. The whole number of votes cast in said election within the City of San Luis Obispo was 13,774. SECTION 2. The names of the persons voted for at the election for Mayor were: Jan Marc Dave Romero SECTION 3. Dave Romero, the candidate receiving the highest number of votes cast at said election for the Office of Mayor, is hereby declared elected to such office for a term ending December 1, 2004. SECTION 4. The names of the persons voted for at the election for Council Member were: John Ewan Paul Brown Andrew Carter Allen K. Settle SECTION 5. John Ewan and Allen K. Settle, the two candidates receiving the highest number of votes cast at said election for the Office of City Council Member, are hereby declared elected to such office each for terms ending December 1, 2006. SECTION 6. That the ballot measure submitted to the voters was as follows: i -a - ATTACHMENT 1 Resolution No. (2002 Series) Page 2 SECTION 6. That the ballot measure submitted to the voters was as follows: Measure L-02 Shall City Charter Section 901 be amended to allow maintenance related Yes projects to be performed using a unit price contract awarded on a competitive bid basis consistent with the provisions for unit price --------------------- contracts contained in Section 20128.5 of the Public Contract Code; and other public works contracts to be awarded consistent with the Uniform No Public Construction Cost Accounting Act, Section 22000, et seq of the Public Contract Code? SECTION 7. MEASURE L-02 did receive a majority vote in favor and is hereby declared ratified. SECTION 8. The City Clerk shall sign and deliver to each duly elected officer a Certificate of Election certifying to his/her election, and further, the City Clerk is directed to certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 10. Pursuant to Section 9269 of the California Elections Code,the City Clerk is hereby directed to forward to the Secretary of State a certified copy of the affidavit of publication in connection with Measure L-02, a copy of all ballot arguments relating to Measure L-02 and a certified copy of this resolution declaring the results of the election. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this 3rd day of December, 2002. Allen K. Settle, Mayor ATTEST: Lee Price, CMC City Clerk ATTACHMENT 1 Resolution No. (2002 Series) Page APPROVED AS TO FORM: Jeffrey G. Jorgensen, City Attorney EXHIBIT "A„ CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 5,2002 CONSOLIDATED GENERAL ELECTION CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA ) AS COUNTY OF SAN LUIS OBISPO ) I,JULIE L.RODEWALD,County Clerk-Recorder of the County of San Luis Obispo,do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on November 5,2002,and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the office of Mayor and Member of the City Council and that the totals shown for each candidate for the office of Mayor and Member of the City Council in said city and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this 201h day of November, 2002. JUL L RODEWALD, County Clerk-Recorder I 1 � t CA I BST 6699�� . = N , O r iE C a0 � - a 0 0 0 c o a o e e .0 o o e_ NO-tel - 0 O '� �n C C v� v�v� vi v� vt n 00 V' 000- vi OOC h OOO�n e S 22 Q Y S Q M w N Q Q Q > C e e e Q Q Y QQ a 6n co 0o M e e Q L'] CC 00 CO 00 00 00 W 00 -60V N -00 9 S 2 h V1 Vl vl ut vl Vl Vl J' V1 V7 V1 V1 Vl V) vl p COO 00 O C 00 O a00 N P,p 000 O 0 0 00 Q N M n r - N Cn � y �ll� M ll�li O G C O O O O C I�O n l7 0 0 0 C O S S e Q e Y e Q n e M e Q Y Q Q Cz1 C 00r w v v v hh 00000 Y - Y 0000 OOO n ry� rq < Vl Vl V�vl Vl Vl �l1 V1 -.N - Vl Vl Vl 0000 00 00 00 00000mo 0 0 0 0000 O O UUU = o N Z = O Z`o> O ^ll 4 V1 M O O M M M M M M M O O M O O O M O O O O M C O O M p W < FO > - o O - - - - - - - 0 - �/ —c> E"� 0 0 0 0 0 0 _ CC U o 0 00 00 0o e�nMv� o o c ♦� '� U y M n M M M M n n M V' N M M M DOW rn W - - - - - - -- - - - (,;;� r� r r rr nr rr �or �- ter r r r r r r r r r r wocMr - r r r 1 O r M M M r2 2 M M M M v7 N r'1 O Q c`nJ Li.. ""� 0000 00 0o Oo 0000000 00000000co ie � ; U L wOw > 'UuoQ a o o a a s a P _P P P PP as PP N N > 'r L7 L Z U Z _ V U U U U in Ln U r. <N a' ` �._na a U N-1 �Frn rj Ln Ln uU_ F� a -ate UMOL100 QZU x"20 F vm 000 F W ^ ow c S m rnu00 u 4 J 0 u �0 �� L QQ 00000 u OLU _.tONw[- ,. 50 u it Nva om ��:.ac. c.0 mm 00» 7°' 000C OOU ;, _ _ }�} > ; z Lt]� QQ LI rF, ZMN riaa L7 Zc�F F - - -"�: !-- Z o- N �+j ... <V7 .� N M Y V2 . 2 .6 p U U U U U�Z t.. U0 i� Fes-in F r=ii - F U N N M S .,S.n c� 63 99 N N Cl - JJ ns Q � O^ m� W O 7� NO Q � cho�o-Q �n v, co��oo.M�oMo�oo.� ryPo- oo O > wpm � oao° oovee�vao> ooaoeaoe ° ee � � e � <: O �noea��ve �o,ne- MMPQo.o�o goon-aQ� oo P Qa (, Y � NCMvio voo aonMN PM Pra-oo,o�,nMo�� o M Q � � � O � hb V vi V' r V' vi vi�O SOV viQ QvO�O vih Qvi.D vi,n Ovi vt ...f Q� LLI U o � < r ^ V WZD o 0 0 0 0 0 0 0 0 o c e e c c o 0 0 o e o o e o e e o o o cu W Vl x M Q Q f1 M c M N M Q Q M M M e ,/1 Vl M M Q Q Vl Q M Q e Q Q z a z < Z � O -, � m O OL � c000000000000000000000000000000 a D o Z > w �lw 1 FSI U 0 < —O> � N — O oG moa OBD POO o< e a MN Noon —MaP— n v,aOCv� O— �y h WvaU EAS w w w - _ > N M oo N V1�O N E O N—Vl O M W Vl O r Q Q O M Vl M c N O ^Q O O �r� � p N Qoo vt v10Q — Q ren vl vl_ O—OOQ OOaO^-eU v1 9 u F > U QQo�ooeNhaoca�o�o- rmovirPNooa- o -ooQ ,n r coot Q �n MKi P— M1 n ,o ery O�ON NMM �n �nm v� r ✓JV Vl Q Q M1 N N V1 Q \O n Vl n �D,O V1 Q �D M M Vl 'V Q N _M _ M1 O "1 N O =v L. - ------- - ---- -- ---- - ---- ------ G 0 v > p � PVNManao - ve000 opo oc 000- eM�ooQNNcc�Ma � � a ^na_ Nv,ah -^P_o^^ooP v,h_oaa�n,o N P v o e N > O b v� v Mrnvo P a h O- -N M Q n h h V7 h OD a0 a 0 V7 O M Q V 1 l7 n n Q Q ""r' e- , .=Z Z Z Z Z Z Z Z Z Z Z L Z Z Z Z Z Z Z Z Z Z Z Z Z Z000U = c -I a X00000000000000000000000000» > > - U U U U U U U U U U UIU U U U U U U U U U U U U U U < < < < o V 1071131T "A" N _ _� r a C 0 0 0 0 0 N a i r I- O O O r' 'V Vl YI Vl v'1 V] Vl Vl Vl V' M nV ,D V. V1 V1 -� N N N N N N N N N fel N N N N N N C) E"' M. Y e 00e R Q R R T Q O �nvM OOR O O O^ R 000Q V1 V1 Vl Vl V'.h Vl Vl — f,l — Vl Vl V1 N r n rr rr r r acc �r, O � r r r w w ww C-6 06 Www rwrnww w w 3z o000 00 00 00 oN - �M000 000 0 0000 00 CO op o0 ro 00 W 00 —oo O m T D7 W o0 n5 M n Mn nr. m —N n M n <V Z O O O O O O O O m m O m r 0 O O N N N N N N N N N N N N N N N N 0 p o0 00 00 oa o0 00 00 00 — a ,n� .a�oo ro o0 O � � J Vl N Vl V1 Vl Yl Vl Vl —N _ Vl Vl N U z < oN czp � � o ee ee ee evoeee v� ^_ u L Q e eq ev, RR oo virvrvee e c - < _ - -- -- -- -- voo- - _ M n m m m m n n m m m m M m M n a O 0 a a s a s a s O M- a o O a O O O a0 O O o a /My� d1 � — oo a m m ro co ro oo vi oc o v�o0 00 oa o0 W 3.-i O 00 00 00 W 00 DD 00 W 00 Q N N 00 CO 00 O O Y G 00o m00 COn 72 U ✓ r r r r r r r r �n �n r R R n r r Ln O o y Z o> > < r �T� N c O .ti — > ^' m M MM nm Mn roorvvi M m M � O > - 0000- O �T•� � r.1 Q O O R R R R R Q Q O — R �n R O R O O O Q J O O O e n L+-1 r r r r rn r r o r v�—ver i� r 1� V O O O C O C O O O O O C 0 0 0 0 0 O O O 0 0 0 0 0 0 WUU W O w > U (/] O aoo a as as as oo—_—�ca o0o a0000a — ` a s J u > L a y' O O F U U U U rn� U <- F F F a « Fa F <O jN0000 Z< O.T. AZO ZO a p O QJQ QJ 44 M,. ¢01 J� � Oz ..1-L u. 0 000000 „ }u0 _ 0U LL: }m Ln FSy OOU " LU LQ LLI.5 G Zvi Gx < �aCCCC � O 00 - ZLLI N 0 GGG= s BUJ Lu ¢ < �J �OOJ»°' 000,. . 0ou > v�v,v�rn ZF —'�vio— J J V U U �' U U :D 7-. O M N N . r r � � - r O � � O � 0 W � � UOUCn ac� ¢ � � O o � � U 'vU I� ?O c o 0 0o dd o0 000000 0 0 (� ConO -"".� > noovi vi n �nn vi v-, o�n—000n 0000v:0000n J r O Z p o 3 F - FZ u Z UUUUU inti U F.N �_ xa= u Q ¢ ,1—� 'SZ) U'p �am0 zU N-0 0 En UJ 4x ce .jrnw y O� �,� � O Op0000y ruj0zO X00 y F ¢ �[.a KQ 4'o.'� WCC h 00¢ Q�F ��y w 14 o ZZ - ¢ Lrn ¢ O pca.:.lmwm� ¢U ¢�.5 C4 z LU LL) p2 0 � `° ZN F —F—V J, V iJ Ci J U O Z I r O NAl w C1 If fs N N N � G v 000000c0000000000000000000 00 0 o '^ > - r00QNOMNQQ viM - - - �O .-O _ _ MNNC OO`- OOvt C � O^ hal � Vl Q a O M W -_ y� r O W N Q V' Q O N Q V1V V1 N Q M r O iD O O _.nr V' -� rMviNrMQ _ Oe �D n.M QlO 'V SDN VSO OBD vi rrn^ N N N N M N N N N N N N N N N N N N N N N N'N M N N N N Vl Y M r _N n a 'V v; e V1 a 00 h O a v1 _.r M M V1 Q 0 0 0 00 O O O O Q u n000a Q �coac - eoo - e _ohMQrv - r000�o r a Z` 7 4 rn H o o 0 0 o e o o e o o e e o e e o o e o o e o 0 0 e e o o r _N '-COaN aO ADV VI Na'O ill VSO 000000000 O V1 r N - aPPaN00.� 000 Q - O h V'.0 o6,6,6o0 m- ,p ri r .- OGT �D�D 1�0` m �O W V r ,6 6 6 00 II.. r-1 ry - -- - - - N _ N N _ __ _ l O � C } ¢ ¢c<i W spa 00000000 " "00 oe a000 goo e o- `/ C4 y FSI o c o o o e p Q Q OU Z. o.r n M r vo. o4. MMMMNnN N'N MMNnMMNMMMNNMN - NM M M O Fx- L1] 3 d M pv QrPo av orQv pooQaaoM00roP -0000P ^JEL, O �76i1 O z �i`Qr^)' O �"'� HI O ? v10000O DD O -- _OOr M Q 0 W N _ r Q r r e 0000 Q000 O - OM L r z - V _ N -Q P Q O o0 N_ __Q - - _ - caU U < E cn W Z 0> W � W > o `°' h e0 u1-e�D SOV vi n r M O r O M� P- n P 'V a N o0 n O O o0 0 M YN n vl M'Q Q vt--M N�O Vl Vl n M vl vl M N N M n Q M Yl -N 'M Wv) U w O- O O> hti Z; M O "U rT N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O, a V' ry M a r a0 - Q Q O 000 V' oc 000- Q M V' pQ NNpQ �Ma - (ID. m a_ ra�N �nar � N a - ON -oo Pin h _ O as of� N a C> v r+i r nV �rna�no--ry MQ r h v',�o v�oo ooa pyo OMQ v'�.or rQQ '^'^ d n M d N N N N N N M M M M M M M M M M M M Q Vl Vl V1 V�V1 y)YI ._zzzzzzzzzzzzzzzzzzzzzzzzzza. C� '$00000000000000000000000000» » - UUUUUUUUUUUUUUUUUUUUUUUUUU < < < < n -- I O CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 59 2002 CONSOLIDATED GENERAL ELECTION CITY OF SAN LUIS OBISPO MEASURE L-02 STATE OF CALIFORNIA ) SS COUNTY OF SAN LUIS OBISPO ) I,JULIE L. RODEWALD,County Clerk-Recorder of the County of San Luis Obispo,do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on November 5,2002,and that a photocopy of the Statement of Votes Cast to which this certificate is attached,shows the number of votes cast in said city for and against Measure L-02 and that the totals shown for and against said measure in said city and in each of the respective precincts therein, are full, true and correct. MEASURE L-02: Shall City Charter Section 901 be amended to allow maintenance related projects to be performed using a unit price contract awarded on a competitive bid basis consistent with the provisions for unit price contracts contained in Section 20128.5 of the Public Contract Code;and otherpublic works contracts to be awarded consistent with the Uniform Public Construction Cost Accounting Act, Section 22000, et seq of the Public Contract Code? WITNESS, my hand and Official Seal this 20`' day of November, 2002. '`C' Q+..;�-.-'flea- `•'': wF LL $ �•f'f'J�� i f 1Al v-� L IE L. RODEWALD, County Clerk-Recorder Nr -r I .. o � E a o o 0 o e a e e e e e o T N N N N N N N N h P N C r'1 N N N 0 0 00 00 00 ,n ,nr PPo 0 0 � Ki ri ri r1� ri ri ri N Oa ri�� M rj r o o t n n r r rr o,DPrmn1� ooCor OOO h - NC/] � vl Vl V1 V1 Vl V1 Vl vt �p N Q vt Vl N O U L ON ca c O z 0 0 0 0 0 0 o v e e e e �j m m mm mm mm ,.-r .0 rCN m m P P P P P P P P Q Q N O O P P P W ¢ Z h r n r r h r r r r m n r r n L•1 P O O P P P P P P P O Q P N N N P O O O O P O O O O P ❑ m m m m m m m m N Q - m m m � Z . � > O � < o00o Co 00 00 0000000 0000000000 z_ o> U Fp > F-' n M ri n M ri nM ,nQ rnrin n M ^+ N y^ u N N N N N N N N N N N r O m C n p til M M Mi !'1 M „1 Nl N m m N Nl M t1 W '� w N QooQ eQ QQ ee o-Q ,nQoe 0000Q0000e � o r n r r h r rh �r.o - v'Jr r n r r n r n n rr vim n r -h n r J r1 n :2 r1 :1 M 2 M Nt v'J N =1 r1 CL = 0000 00 00 00 0000000 0000000000 Z > w > 0OnO - P O O P P P P P P PEN H C C Q e Q Q e e V7 P V'1 O N P P P C> F ❑ z uv z 22 p FFFF < U U U U U F"N aaaaa U❑p � U N < fcn-�in�in v� ❑2 � D Uz .a. <4 U- < p0❑❑O x`"20 zz ❑ Z) a �4� � qa= S<rwmu moo a � ❑ " F�aa�a � ��<mo<u c:.0 ❑ 0000 „ �LLI :Dm < "❑..] y z m� or �O�/> »> 0 O0 0Z�GCO C❑ 00 `D -' G V �< W QiQ Kw ' y �a06G`L'F'O �z0 Zz �� <O pv]mmu�m� GCJ�arna G _, .E y00 �;y �,ti pm ��aac.a u.•. ;,.a ,. ,. U Unm! rn < G m > y y- 0 0 0 0 0 0 0 UO m ON N� �.1G"u O ¢ M OL O�NNNIQ U JU JU'u U7z = J i-V) Fv F q �tq i-U F — 5--•t ,nor,-:- - �6 99 N �enadr�� 0 0 N Cl N M 00 7 N � � G � F 0 W z N N LL Q � O W �' � eveeeeev0000 >aevaee >va>ooe ee N n N- N -P QQ V' M M1 N N N N Nm m lO m P Q N -P P r MOP h m N O O M l N N - Lh Or z o000000veevoao� 0000�vo V9 h m P P 1� li M hM.GN -- M-Oh r o6 OtT 10 C/� F r r m r r M1 M1 r M1 M1 m M1 m m r r r m m r r r r r m r o r r — Q yl G n n N N Q Vl M N M Vl N'h Q M M N Q N -n M N N - Q 7 z m OO ¢ } � 0000000000000000000000000000000 U U F zo>° W W U w € > � 2u o> _ O r P MV V' M1 O - Pm O M P m h n Q ' ` Y N z rs. U. o m >° W O (Iy Q M1PM1Q tahM1mN Plo hmlc Q n�ncmroho Q�oo—Po�c z E— F > O hr Om QhM�. P- M1 r�O Q N OV N NMMh hm V' r ✓J 10 hQ Q'r m N'h Q �D M1h M1�D �D h QV nMh�DQ N -M - r O N 0 =U - - - - - ---- -- ---- - - --- - -- - --- -- -_ _ _ _ __ _ _ U > OP 1 D N M P r P 0 - Q Q O m O l D m m O Q M V7 O Q N N O QV M P pp O N Y> b b V fel M1 t\'1 lD �PPhONMQM1M1h V' hmmPOtOOMQ hIOrM1Q Q '�'� . .3 N N rz ,- e�1nMMrlM M til til M M M 7�Cr M1M1rM1 rrFFF F- FN MQ YI ID M1-NMS' hlDrmPO - N-O-N MQ' htogq'� '-`' U U N N N N N N M M M M M M M M M M n M V Vl V1 Vl Vl Yf V1 Vl ._zZZZZZZ.,ZZZZtZZ.ZZZZZZZZZZZZZIGLG '--00000000000000000000000000> > > 5:- . 000UUUUUUUUUUUUUUUUUUUUUUU < < < < o F �- � 3 ADCounat M." D.� ac En as Report ".,"` A a CITY O F SAN LUIS O B I S P O FROM: Lee Price, City Clerk-4 SUBJECT: Vice Mayor Appointment for 2003 CAO RECOMMENDATIONS: Appoint Council Member Christine Mulholland as Vice Mayor to serve a one-year term commencing upon appointment. DISCUSSION Council Policies and Procedures provide for appointment of the Vice Mayor in December and that the appointment shall be for a one-year term on a rotational basis, the appointment going to the next senior member. In addition, Section 408 of the City's Charter states: The Council shall elect one of its members to be the Vice Mayor. During the temporary absence or disability of the Mayor, the Vice Mayor shall act as Mayor Pro Tempore...In case of vacancy in the office of Mayor, the Vice Mayor shall act as Mayor until such vacancy can be filled as provided in this Charter. With the current policy of rotating the Vice Mayor position, a review of the past four years indicates that Council Member Christine Mulholland is next in line for the opportunity to serve: Council Member Romero served in 1999 Council Member Schwartz served in 2000 Council Member Ewan served in 2001 Council Member Marx served in 2002. G:1City Clerk Agenda Reports\Agenda Report—Vice Mayor Appointment 2003 A-a- i MEEflNG AGENDA DATE ITEM # council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET 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. C1-1 RECEIVED NOV 2 7 2001 RED FILE MINUTES — MEETING AGENDA SPECIAL MEETING OF THE CITY COUNCIL SLO CITY CLERK DA I ITEM A I CITY OF SAN LUIS OBISPO FRIDAY, NOVEMBER 15,2002—10:00 A.M. 7K�enSchwa:71 Z CCD DIR COUNCIL CHAMBER, 990 PALM STREET Z FIN DIR SAN LUIS OBISPO,CALIFORNIA Z FIRE CHIEF 7 PW DIR ROLL CALL: CLERK/0.91C3 Z POLICE CHF S ;�REC DIR Council Members _ Z UTIL DIR2"HR DIRPresent: Council Members John Ewan, Christine Mulholland, , Vice Mayor Jan Howell Marx,and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Gil Trujillo,Assistant City Attorney; Wendy George,Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief;Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy DeJarnette,Assistant to the City Administrative Officer PUBLIC COMMENT There were no public comments on matters not on the agenda. BACKGROUND WORKSHOP: "SETTING THE TABLE" FOR THE 2003-05 GOAL-SETTING AND FINANCIAL PLAN PROCESS 1. INTRODUCTION. City Administrative Officer Hampian provided the introduction. 2. STATUS OF GENERAL PLAN IMPLEMENTATION PROGRAMS. Finance Director Statler presented background information and provided a status of the fiscal state of the City. Department Heads presented an overview of current General Plan implementation programs. 3. LONG-TERM CAPITAL IMPROVEMENT PLAN. "END GAME CIP:" SUMMARY OF FACILITY AND INFRASTRUCTURE IMPROVEMENTS THROUGH GENERAL PLAN BUILD-OUT Finance Director Statler presented the report.. Council questions and comments followed regarding the street tree program and grant funding opportunities for railroad area improvements. City Council Budget WorKshop Page 2 Tuesday, November 15, 2002—10:00 a.m. 4. STATUS OF 2001-03 GOALS AND OBJECTIVES. Assistant City Administrative Officer George presented the staff report. 5. STATUS OF CURRENT CIP PROJECTS. Public Works Director McCluskey presented the staff report. Council discussion followed regarding how un-funded State mandates may impact the City's budget and the need for the Council to take an active role in lobbying the State legislature and staying involved in the League of California Cities. 6. GENERAL FISCAL OUTLOOK. Finance Director Statler presented the staff report. A. ADJOURN. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 2:30 p.m.to Tuesday,November 19,2002 at 7:00 p.m. in the Council Chamber,990 Palm Street,San Luis Obispo. i Lee Price,C. City Clerk APPROVED BY COUNCIL: 1213/2002 LP:jo RECEIVED NOV 2 7 2002 RED FILE SLO CITY CLERK INGAGENDA MINUTES DAl�ITEM # CI REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO &naiD! TUESDAY, NOVEMBER 12,2002-7:00 P.M. JZe COUN ZrCDD DIR COUNCIL CHAMBER,990 PALM STREET J�CAO ;;,FIN DIR SAN LUIS OBISPO, CALIFORNIA 2 A2' CAO FIRE CHIEF WrATTORNEY DPW DIR ROLL CALL: CLERK/ORIG PT POLICE CHF ❑ DEP HEADS PfREC DIR Council Members Q YIJJTIL DIR ❑ 7HRDIR Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Marx, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George,Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Jim Gardiner, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Karen Jenny, Risk Manager; Neil Havlik, National Resource Manager; Sue Baasch, Administrative Analyst; Jeff Hook, Associate Planner; Mike Draze, Deputy Community Development Director; Phil Dunsmore,Associate Planner CLOSED SESSION ANNOUNCEMENT 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. PUBLIC COMMENT Mayor-Elect Romero.2057 Skylark Lane, praised the Fire Department for quick and effective response to a major structure fire at RR Square. i City Council Meeting Page 2 Tuesday, November 12,2002-7:00 p.m. George Rosenberger, County General Services, 1087 Santa Rosa, 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,San Luis Obispo, reiterated claims of harrassment and discrimination. Sheila Baker,San Luis Obispo,and Thomas Hutchings.538 Felton Way, 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,842 Monterey Street, 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,2085 Wilding Lane, 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 panties. Dan Reynolds.3874 Sunrose Lane,summarized comments expressed in writing pertaining to the transportation analysis in the Environmental Impact Report for the Dalidio/San Luis Marketplace Annexation (Consent Item C6). He asked if the consultant had calibrated the analysis and argued that the analysis Is insufficient He suggested that additional intersections be included in the study. (see memo on file 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 C1. MINUTES OF TUESDAY, OCTOBER 15,2002. ACTION: Moved by Mulholland/Marx to waive oral reading and approve as presented: Motion carried 4:0 (Schwartz refrained due to absence). C2. WATERLINE REPLACEMENT PROJECT 2001-02, SPECIFICATION NO.90229. ACTION: Moved by Mulholland/Marx to 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. Motion carried 5:0 City Council Meeting - Page 3 Tuesday, November 12, 2002-7:00 p.m. C3. UTILITY CHEMICAL BIDS FOR 2003. ACTION: Moved by Mulholland/Marx to 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 City Administrative Officer to award the contract to the lowest responsible bidder(s), if bid is within available budget. 4)Authorize City Administrative Officer to extend the contract for an additional year if chemical cost increases are within cost of living increase. 5)Adopt Resolution No.9377(2002 Series)authorizing 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. Motion carried 5:0 C4. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP). ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9378(2002 Series) 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. Motion carried 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. ACTION: Moved by Mulholland/Marx to 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 Mayor to sign the Agreement. Motion carried 5:0 C6. CONSULTANT SERVICES FOR AN ENVIRONMENTAL IMPACT REPORT(EIR) FOR THE DALIDIO/SAN LUIS.MARKETPLACE ANNEXATION, PREZONING,AND DEVELOPMENT PLAN. This item was pulled for questions and comments. Council Member Mulholland expressed concerns about traffic impacts. Mayor Settle reported that he would refrain from discussion and action on this item due to a potential conflict of interest(owns property in the area). Public Works Director McCluskey addressed comments made by Dan Reynolds. He stated that the traffic model is fully calibrated and will be recalculated and verified because of improvements on Los Osos Valley Road. He indicated that staff would be willing to look at the list of intersections Mr. Reynolds suggested should be studied and will add those that seem appropriate. Council referred Mr. Reynolds'memo to staff. After discussion, Council agreed to amend the work scope by including a ten year cumulative traffic evaluation of levels of service and circulation for all modes of transportation. City Council Meeting - Page 4 Tuesday, November 12,2002-7:00 p.m. ACTION: Moved by Ewan/Marx to a) Approve the work scope,as amended,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). Motion carried 3:1:1 (Mulholland opposed; Settle refrained due to a potential conflict of interest). C7. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE FARMLAND CONSERVANCY PROGRAM. ACTION: Moved by Mulholland/Marx to adopt Resolution No.9379(2002 Series) 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. Motion carried 5:0 C8. APPROVAL OF A CONSERVATION COVENANT ON A PORTION OF THE CITY PROPERTY AT 1095 MARSH STREET. ACTION: Moved by Mulholland/Marx to 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 City Attorney Jorgensen. Motion carried 5:0 C9. USE OF PROMOTIONAL COORDINATING COMMITTEE(PCC)ENHANCED PROMOTIONAL FUNDS. ACTION: Moved by Mulholland/Marx to 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 Mayor to execute the Agreement with the San Luis Obispo Arts Center. Motion carried 5:0 C10. ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT. ACTION: Moved by Mulholland/Marx to 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 Mayor to sign. Motion carried 5:0 C11. CORRECTION TO THE AMENDMENT OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT TO PROVIDE 2.r/6 AT 55 RETIREMENT FORMULA FOR MISCELLANEOUS MEMBERS. ACTION: Moved by Mulholland/Marx to adopt.Resolution No. 9380(2002 Series) 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 2.70/6 at 55 retirement formula for miscellaneous members. Motion carried 5:0 City Council Meeting Page 5 Tuesday, November 12,2002-7:00 p.m. C12. TRAFFIC SIGNAL BATTERY BACKUP PROJECT—SPECIFICATION NO..90079. ACTION: Moved by Mulholland/Marx to 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 City Administrative Officer to award a contract if the lowest responsible bidder is within engineer's estimate. Motion carried 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. ACTION: Moved by Mulholland/Marx to 1)Adopt Resolution No.9381 (2002 Series) authorizing Community Development Director Mandeville 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(50/6 of the total project costs). Motion carried 5:0 C14. CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT(BTA)GRANT APPLICATION.. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9382(2002 Series) 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. Motion carried 5:0 APPOINTMENTS Al. APPOINTMENT RECOMMENDATION TO THE PLANNING COMMISSION. Council Member Ewan presented the report. ACTION: Moved by Ewan/Marx to appoint Carlyn Christianson to an unexpired tern ending March 31,2005. Motion carried 5:0 PUBLIC HEARINGS 1. RESOLUTION OF INTENTION AND INTRODUCTION OF ORDINANCE TO PROVIDE 3%AT 50 RETIREMENT FORMULA FOR POLICE SAFETY EMPLOYEES. RiskManagerJenny presented the staff report. Mayor Settle opened the public hearing. Mary Beth Schroeder.2085 Wilding Lane,supported the staff recommendation. Mayor Settle closed the public hearing. City Council Meeting — Page 6 Tuesday, November 12,2002-7:00 p.m. ACTION: Moved by Marx/Mulholland to adopt Resolution No.9383(2002 Series)of intention and introduce Ordinance No. 1427(2002 Series)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. Motion carried 5:0 2. CONSIDERATION OF A MINOR SUBDIVISION, WITH EXCEPTIONS TO THE SUBDIVISION REGULATIONS, AT 1655 ALRITA(MS/ER 139-02). Community Development.Director Mandeville and Associate Planner Dunsmore presented the staff report.. Mayor Settle opened the public hearing. Mike Baumberaer.106 Santa Rosa,applicant's agent processing the permit for the current owner,requested clarification from staff about two conditions of approval relevant to the driveway. Associate Planner Dunsmore.responded. Mr. Baumberger urged the Council to approve the subdivision. Sandra Rowley,3107 Flora Street,submitted a written statement in opposition(see memo on file in the Office of the City Clerk). Marie Carpenter.3100 Flora Street;expressed concerns regarding drainage and neighborhood compatibility. She requested that the Council deny the request. (See memo on file in the Office of the City Clerk). Pamela Crum. 1642 Alrita,also voiced opposition to the project sharing similar concerns. Steve Delmartini, Mill Street,(clarifying that.he is not the real estate agent for this property) spoke in support of the subdivision. He argued that the Council has stated that it desires infill development and emphasized that this project is just that In closing, he exclaimed that there is nothing in this project or the staff report that would call for denial. John Edmondson, no address provided, states that the project is incompatible with the neighborhood and noted some "suspicious"tree removals. Mayor Settle closed the public hearing. Staff responded to questions from the Council. Council Member Mulholland disagreed that the project represents infill. She voiced concerns about the depth of the lot and argued that it is not consistent with the character of the neighborhood. Council Member Schwartz noted that he would vote to deny the subdivision because the lot depth exception request, if approved,would architecturally change the character of the neighborhood. Community Development Director Mandeville clarified that one of the conditions is to designate this as a sensitive sight The Architectural Review Commission will review for compatibility. This condition is intended to minimize any conflicts with the neighborhood, he added. 1 ' City Council Meeting -- Page 7 Tuesday, November 12, 2002-7:00 p.m. Vice Mayor Marx proposed that the matter be deferred until after the update of the Housing Element. She suggested that the property owner find a way to accomplish his goal without exceptions. Council Member Ewan commented in support, explaining that these types of subdivisions work well to provide housing and are not uncommon in town. He noted that there are two legal lots there and emphasized that the project is before the Council only because of the applicant's desire to maintain the existing house. Mayor Settle concurred, adding that the project can meet a performance standard to create infill. Mike Baumberger provided rebuttal comments. ACTION: Moved by Mulholland/Marx to adopt Resolution No.9384(2002 Series) denying the tentative parcel map;3:2(Settle and Ewan opposed) 3. REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION OF 4 APARTMENT UNITS AT 3045 ROCKVIEW PLACE. (TR/ER/43-02). Community Development Director Mandeville and Associate Planner Dunsmore presented the staff report and responded to questions. Mayor Settle opened the public hearing. Applicant John Mitchell,architect/builder, provided some background about the project He reported that the Planning Commission initially approved the project as a condominium project but because he had rented out the units for economic reasons, he was now requesting that the apartments be converted to condominiums. He noted that he had adequately notified tenants when they signed rental agreements that ceriain conditions would have to be met Art Murphy;2974 Rockview Place, said he went to the Planning Commission meeting in June to speak in favor and noted that he continues to support the project. He likes the owner/occupant concept and believes it will enhance the neighborhood. Steve Frank.engineer of record for the proposed subdivision,reiterated that the Planning Commission unanimously approved the project as condominiums and spoke to the merits of approval. He added that times have changed since the condominium conversion ordinance was adopted and suggested that it may be time to revise it. Andrew Carter, 1283 Woodside Drive,spoke in support of the approval of the condominium conversion but noted that the builder should be penalized for violating the law for economic compensation. Mayor-Elect Romero,2057 Skylark Lane,commented in favor because the developer got the proper approvals to begin with. Mayor Settle closed the public hearing. Staff presented optional findings for consideration. City Council Meeting Page 8 Tuesday, November 12, 2002-7:00 p.m. City Attorney Jorgensen responded to questions from the Council and clarified that the conversion contemplates CCRs subject to City standards. He also reported that Condition 6 indicates that there will be an open space easement and the Homeowners Association will be required to maintain it. He also provided an explanation about the intent of the current condominium conversion ordinance and why the number of units(10)was chosen. Finally, he advised that the additional findings provided by staff will prevent the Council's action from setting a precedent. ACTION: Moved by Schwartz/Settle to adopt Resolution No.9385(2002 Series) approving a condominium tract and negative declaration. Motion carried 5:0 BUSINESS ITEMS Mayor Settle proposed that the order of the agenda be rearranged. The Council agreed to take items#6 and#7 before#4. 6. RESOLUTION ESTABLISHING A HOUSING ELEMENT TASK FORCE. City Administrative Officer Hampian provided an introduction and clarified that the Planning Commission will draft the Housing Element Update and get it to the Council by the end of 2003. This task force is being recommended to provide community input in the process but will not be a substitute for the Planning Commission's role and responsibilities in the update process. Community Development Director Mandeville and Associate Planner Hook presented the staff report. Public Comments Mayor-Elect Romero.2057 Skylark, supports the concept but feels that the committee might need to meet more often then once per month to get the work done. Andrew Carter, 1283 Woodside Drive, recommended that the committee's focus be made more clear and indicated that they should look at ways to acquire more work-force housing. Mary Beth Schroeder.2085 Wilding Lane,argued that a task force is not necessary and reiterated previously stated concerns that the housing shortage is because Cal Poly has not provided sufficient on-campus housing for students. Steve Barasch,225 Prado Road, representing the SLO Property Owners Association,spoke in support of the formation of the task force but agreed that it would be difficult for them to tackle the issues in the timeframe suggested. He urged the Council to approve it and give it all the staff resources possible. Biz Steinberg, Economic Opportunity Commission, supported the concept but agreed that there is a lot to do in a short amount of time. Steve Delmartini. Mill Street, stated that there is nobody from the real estate industry on the list He suggested that the SLO Board of Realtors be provided an opportunity to appoint someone to the task force. He also questioned why someone from Camp San Luis has representation. Associate Planner Hook clarified that Camp San Luis may offer some student housing opportunities. —end of public comments— City Council Meeting Page 9 Tuesday, November 12,2002-7:00 p.m. Lengthy Council discussion ensued. By mutual agreement, the Council agreed to modify the proposed resolution establishing the ad hoc task force,as follows: • The first "Whereas"was modified to read: "The City is updating its General Plan Housing Element with the goals of expanding housing opportunities for very-low, low,and moderate income households,preserving and enhancing residential neighborhoods,and complying with state laws, including the California Environmental Quality Act(CEQA)." • Paragraph 1 of Section 2 was modified to read. Review and comment on existing housing policies and programs in an effort to expand housing opportunities for very-low,low,and moderate income households." • Section 4 was amended to require that at least two-thirds of the Task Force be comprised of City residents. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9387(2002 Series), as revised, establishing an ad hoc Housing Element Task Force,consistent with direction provided at the October 1,2002 Council meeting. Motion carried 5:0 7. CONSIDERATION OF THE HUMAN RELATIONS COMMISSION'S RECOMMENDATIONSAND PRIORITIES FOR THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM. Associate Planner Hook and Human Relations Commission's Chair Nichols presented the report It was noted that the HRC was adding a priority, Priority#6,for health services for very-low and low income persons. Public Comment: Biz Steinberg, Ecomomic Opportunity Commission,explained that there is a health care crisis and the EOC is working in this arena. She spoke in favor of the HRC's recommendation to include health care as a priority and noted a former joint city/county project using Community Development Block Grant funds and matching dollars,which assisted a health care clinic a few years ago. —end of public comments— Council discussion followed. There was mutual agreement to eliminate Priority#6 because a majority of the Council believes that health services should be provided by the County and because there may not be sufficient funding to support the priority. ACTION: Moved by Mulholland/Ewan to establish the Community Development Block Grant(CDBG)funding priorities for the 2003 CDBG Program,as revised by eliminating Priority#6. Motion carried 5:0 5. RECYCLED WATER PRICING POLICY. Utilities Director Moss presented a brief staff report. City Council Meeting - Page 10 Tuesday, November 12,2002-7:00 p.m. Public Comments Andrew Carter, 1283 Woodside Drive, suggested a rate of 80%because it might provide a greater incentive and would reflect the median throughout the state. —end of public comments— Utilities Director Moss advised that there will be costs to cover and explained that the rate payers will be picking up those costs. He also reported that the Council will have the opportunity to review the rates as part of the annual rate review process. ACTION: Moved by Ewan/Marx to adopt Resolution No.9386(2002 Series)setting rates for recycled water at 90%of the potable water rate. Motion carried 5:0 4. IMPLEMENTATION OF ENERGY CONSERVATION MEASURES AT SELECTED CITY FACILITIES. Due to the hour,the Council entertained the idea of postponing the item. Council Member Ewan summarized some questions he presented earlier to the consultants and noted that he would hope that his questions and concerns would be addressed when the matter returns. Steve McQuery, Regional Manager Kinetics Energy Services, responded to brief Council questions. By mutual agreement, the Council continued the matter until December 17 at 4.00 p.m. COUNCIL LIAISON REPORTS 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. COMMUNICATIONS 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. City Council Meeting Page 11 Tuesday, November 12, 2002-7:00 p.m. There being no further business to come before the City Council, Ma or Settle adjourned the meeting at 11:26 p.m.to Tuesday, November 19,2002 at 7:00 P.M. in the un it Chamber,990 Palm Street, San Luis Obispo. Lee Price,C.M.C. City Clerk APPROVED BY COUNCIL: 12/3/2002 LP:jo RECEIVED NOV 2 ? 2002 RED FILE MINUTES SLO CITY CLERK --- MEETING AGENDA REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO DAT %21 ITEM # CI TUESDAY, NOVEMBER 19,2002-7:00 P.M. �COUNC Q'CDD DIR COUNCIL CHAMBER, 990 PALM STREET Ef CAO Zr FIN DIR SAN LUIS OBISPO, CALIFORNIA Z ACAO 2 FIRE CHIEF E(ATTORNEY Z PW DIR ROLL CALL: ZCLERKlORIG 2'P0LICE CHF, ❑ DEPT HEADS 2 REC DIR Council Members Off, Z UTIL DIR PI HR DIR Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Marx,and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George,Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy DeJarnette,Assistant to the City Administrative Officer; Ron Holstine, Fleet Manager; Jay Walter, Deputy Director/City Engineer PUBLIC COMMENT Brett Cross. 1217 Mariners Cove, provided an observation about the DeVaul Ranch housing project. He argued that the newly constructed block wall is too massive and should have never been approved. Mayor-Elect Romero.2057 Skylark Lane,commented regarding Consent Item 2. He argued that too much of transportation impact fees are being spent on bicycle projects. He asked the Council to consider putting a great portion of the funds towards vehicular traffic mitigation. C.W.Mofflett 2134 Santa Ynez,encouraged the Council to keep the Housing Element Update on track and not to sue the State over the housing allocation mandates. Mary Beth Schroeder.2085 Wilding Lane,asserted that the housing shortage has been caused by Cal Poly and landlords that charge too much rent. She also voiced opposition to Consent Item 3 and Consent Item 5 and spoke in support of Consent Item 4. CONSENT AGENDA Staff requested that Consent Item 1 be pulled for additional discussion and staff recommendation. ACTION: Motion moved by Ewan/Mulholland to approve the Consent Items, with the exception of Consent Item Cl; all ayes. City Council Meeting Page 2 Tuesday, November 19,2002-7:00 p.m. C1. DOWNTOWN UTILITY PIPELINE INSTALLATION, SPECIFICATION NOS. 90240 AND 90261. This item was pulled for discussion (See page 4 for discussion and action). C2. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. ACTION: Moved by Ewan/Mulholland to receive and file annual statements of revenues and expenditures from development impact fees for 2001-02(water, wastewater and transportation). Motion carried 5:0. C3. STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR CONSTRUCTION. ACTION: Moved by Ewan/Mulholland to adopt Resolution No.9388(2002 Series) approving the revised City Standard Specifications and Engineering Standards for Construction Projects and rescind the previous resolutions. Motion carried 5:0. C4. UNSCHEDULED REPLACEMENT OF A GENERAL-PURPOSE POLICE SEDAN. ACTION: Moved by Ewan/Mulholland to 1)Approve replacement of one damaged general-purpose sedan with one used general-purpose sedan. 2)Appropriate $20,000 from the unappropriated balance of the Fleet Replacement Fund for this procurement. Motion carried 5:0. C5. WIDE AREA NETWORK IMPROVEMENTS. ACTION: Moved by Ewan/Mulholland to approve a request for proposals (RFP) for wide area network improvements and authorize the City Administrative Officer to award the contract if it Is within the project cost estimate of $300,000. Motion carried 5:0. BUSINESS ITEMS 1. REFUNDING OF THE 1993 WATER REVENUE BONDS. Finance Director Statler presented the staff report and responded to brief questions by the Council. Public Comments Mary Beth Schroeder.2085 Wilding Lane,spoke In support of the staff recommendation. —end of public comments— ACTION: Moved by Ewan/Marx to adopt Resolution No.9389(2002 Series) approving the refunding of the 1993 Water Revenue Bonds; motion carried 5:0. 2. MINOR REVISIONS AND UPDATES TO WATER AND SEWER SERVICE.AND DEVELOPMENT IMPACT FEE SECTIONS OF THE MUNICIPAL CODE. Utilities Director Moss and Administrative Analyst Baasch presented the staff report. There were no public comments. City Council Meeting Page 3 Tuesday, November 19,2002-7:00 p.m. ACTION: Moved by Mulholland/Marx to introduce Ordinance No. 1428(2002 Series) updating the water and sewer service and development impact fee sections of the Municipal Code with minor language and definition changes,and deleting sections that no longer accurately describe the department, service and fee procedures; motion carried 5:0. 3. BOB JONES CITY-TO-SEA BIKE TRAIL.PRELIMINARY ALIGNMENT PLAN. The report was jointly presented by Public Works Director McCluskey,Transportation Planner Sanville. RRM Design Consultants Erick Justesen and Mike Sherrod.and Natural Resources Manager Havlik. Council questions followed. Public Comments Peter Brown.SLOCOG,asked the Council to consider options to fencing, including the planting of dense vegetation. Mary Beth Schroeder.2085 Wilding Lane,objected to the design and cost Jean Anderson. Bicycle Advisory Committee,spoke in support of the concept Mayor-Elect Romero.2057 Skylark Lane,asked if there had been any coordination with Zone 9 Flood Control District. Transportation Planner Sanville indicated that the trail will be coordinated with other area plans and flood control channels. —end of public comments— Council Member Schwartz expressed a desire to see the trail referred to as a multi-purpose trail. He also suggested that two structures will be needed to carry out this idealized project. Council Member Mulholland voiced opposition to the construction of the recreational trail because it will negatively impact ecologically sensitive creeks and creek corridors. Council Member Ewan spoke to the merits of the plan despite pre-existing restrictions. Mayor Settle concurred. Vice Mayor Marx also spoke in favor, noting that the Council had previously referred this matter back to the Planning Commission to address concerns. ACTION: Moved by Ewan/Schwartz to approve the recommended alignment on the east side of the freeway; motion carried 4:1 (Mulholland opposed) ACTION: Moved by Marx/Settle to maintain the 35 foot setback on the west side of the freeway; motion carried 5:0 ACTION: Moved by Ewan/Marx to adopt Resolution No. 9390(2002 Series) approving a Mitigated Negative Declaration and the Bob Jones City-to-Sea Bike Trail Preliminary Alignment Plan; motion passed 4:1 (Mulholland opposed). City Council Meeting Page 4 Tuesday, November 19, 2002-7:00 p.m. Council Member Schwartz requested that the name of the trail come back to the Council for discussion and possible re-naming so that the public knows that it is multi-purpose. Council Member Ewan objected because renaming might risk loss of grant opportunities. CAO Hamoian noted the interest and suggested that staff be given the flexibility to bring the matter back later once the trail has actually been built. By mutual agreement, Council so directed. Council took Item C1 next C1. DOWNTOWN UTILITY.PIPELINE.INSTALLATION, SPECIFICATION NOS.90240 AND 90261. City Engineer Walter provided the staff report. Downtown Administrator Holley, presented ideas for a public relations campaign. CAO Hampian provided a fifth staff recommendation. ACTION: Moved by Marx/Mulholland to 1)Approve plans and specifications for "Water,Sewer and Stormdrain Improvement Project, Specification No. 90240." 2) Authorize.staff to advertise for bids for Specification No.90240 and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineer's estimate. 3)Approve plans and specifications for"Water and Sewer Improvement Project, Specification No. 90261." 4)Authorize staff to advertise for bids for Specification No.90261 and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineer's estimate. 5)Amend Agenda Item C-1 to request authorization to use$15,000 from available project funding to assist the Downtown Association(DA) in its promotional efforts to offset some of the impacts of upcoming construction of the "Century Project". Motion carried 5:0. 4. ADOPTION OF COMMUNITY DESIGN GUIDELINES. Community Development Director Mandeville and Associate Planner Ricci presented the staff report. Public Comments Stephen Barasch,225 Prado Road, spoke in support of the guidelines and as much flexibility as possible for creative design. He encouraged the Council to provide incentives for creative architectural design particularly to help achieve goals of achieving more affordable housing. Deborah Holley, Downtown Association, reported that the DA Board concurs with the guidelines and supports the flexibility to preserve the unique character of the downtown. Patricia Wilmore, Chamber of Commerce, also spoke in favor of the recommendation. Mary Beth Schroeder, 2085 Wilding Lane,voiced objections to developers coming into town and driving up the market price of homes. —end of public comments— City Council Meeting Page 5 Tuesday, November 19, 2002-7:00 p.m. Council discussion and comments followed. During discussion, the Council approved minor modifications to the document, which included highlighting the Architectural Review Commission's role in environmental review, referencing the zoning regulations sections related to large-scale retail development,and adding provisions that enable superior design and innovation. ACTION: Moved by Mulholland/Marx to 1)Adopt Resolution No.9391 (2002 Series) approving Community Design Guidelines for the City,as amended. 2)Affirm the Architectural Review Commission's current role in environmental review; motion carried 5:0. S. NATiONAL_POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II PERMIT PROGRAM. Public Works Director McCluskey and City Engineer Walter presented the staff report and responded to questions from the Council. Vice-Mayor Marx suggested that the City begin to educate and train contractors performing work for the City. City Engineer Walter noted that this has been contemplated and certain standards will be required of contractors. He added that the City's goal is to hire a Stormwater Coordinator who will provide training and insure implementation. Council Member Schwartz suggested staff develop and consistently use one name for the education and outreach program proposed. MOTION: Moved by Marx/Mulholland to continue the meeting beyond 11:00 pm; motion unanimously passed. Public Comments Mayor-Elect Romero.2057 Skylark Lane, spoke in support of the recommendations. Mary Beth Schroeder.2085 Wilding Lane, voiced objection to partnering with Cal Poly. --end of public comments---- ACTION: Moved by Marx/Mulholland to 1) Review and approve the City's National Pollutant Discharge Elimination System (NPDES)Storm Water Management Plan (SWMP). Authorize the City Administrative Officer to sign the Notice of Intent filing prior to March 10,2003. 2)Approve an agreement with Cal Poly to file as co- permittees as part of the NPDES Program. 3)Direct staff to review funding approaches to meet the annual resource requirements of$41,000 starting in FY 2003-04 for materials costs and$80,000 starting in FY 2004-05 for storm water coordination staffing. Motion carried 5:0. COMMUNICATIONS Council Member Ewan annnounced that the"Family of the Year Award"was presented to the Holliday family. Mayor Settle reported that private donations will allow the City to acquire the artwork"Puck" from the artist Elizabeth McQueen. Staff noted that the matter of accepting the donations to purchase Puck will come to the Council next month. City Council Meeting Page 6 Tuesday, November 19,2002-7:00 p.m. Mayor Settle referred correspondence from David Shipley, Laguna Lake Mobile Home Estates. The City Attorney reported that he has forwarded a copy of the letter with a cover memo to the whole Council. COUNCIL LIAISON REPORTS None. There being no further business to come before the City Council, M or ettle adjourned the meeting at 11:20 p.m.to Tuesday, December 3,2002 at 5. 0 .m. in a uncit Chamber,990 Palm Street,San Luis Obispo. Lee P ,C.M.C. City Clerk APPROVED BY COUNCIL: 12tN2002 LP:jo