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HomeMy WebLinkAbout08/17/2004, AGENDA council agenda CITY OF SAN LU IS OB I SPO CITY HALL, 990 PALM STREET Tuesday, August 17, 2004 Action Update CLOSED SESSIONS Council Hearing Room 990 Palm Street City Attorney Lowell provided the following closed session announcements: A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1049 Orcutt Rd. Negotiating Parties: City of San Luis Obispo: Jonathan Lowell, Mike McCluskey, and Tim Bochum Property Owner: Bullock Family Negotiation: Direction to Negotiators City Attorney Lowell reported that the Closed Session was held, direction was given to negotiators, and there was no further reportable action. B. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization: Fire Battalion Chiefs' Association City Attorney Lowell reported that the Closed Session was held, and there was no further reportable action. Council Agenda Tuesoay, August 17, 2004 Action Update 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz, Mayor Dave Romero Vice Mayor Schwartz left the meeting at 7.25 p.m. 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 personsexercising their public testimony rights(Gov. Code Sec.54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. Andrew Carter, San Luis Obispo, spoke in memory of Martha Schwartz's service to the children of the community. He asked Council to consider a mail ballot for the possible special election. Mary Beth Schroeder. San Luis Obispo, exclaimed that Council wasn't doing its job protecting Downtown. APPOINTMENTS Al. APPOINTMENT RECOMMENDATIONS TO THE HUMAN RELATIONS COMMISSION (HRC). (EWAN/MULHOLLAND —5 MINUTES) RECOMMENDATION: 1) Reappoint Tom Hutchings to a four-year term beginning October 1, 2004 and ending September 30, 2008. 2) Reappoint Paul Wolff to a two- year term beginning October 1, 2004 and ending September 30, 2006. ACTION: Approved. (4:0:1, Schwartz absent). A2. APPOINTMENT RECOMMENDATION TO THE MASS TRANSPORTATION COMMITTEE (MTC). (EWAN/MULHOLLAND —5 MINUTES) RECOMMENDATION: Appoint Susan Rains to the Mass Transportation Committee to fill the Cal Poly Representative position. ACTION. Approved. (4:0:1, Schwartz absent)- 2 Council Agenda Tuesday; August 17, 2004 Action Update A3. APPOINTMENT RECOMMENDATION TO THE ADVISORY COMMITTEE ON THE JOINT USE OF RECREATIONAL FACILITIES. (SETTLE/SCHWARTZ—5 MINUTES) RECOMMENDATION: Appoint Robert Lewis to fill an unexpired term beginning on September 28, 2004 and expiring on March 31, 2007. ACTION. Approved. (4:0:1, Schwartz absent). CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. APPROVE MINUTES OF TUESDAY, AUGUST 3. 2004 REGULAR MEETING. (REYNOLDS) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved.. as amended. (5:0). C2. RESOLUTION ADOPTING A PLAQUEPOLICYFOR.PROJECTS OF SIGNIFICANCE WITHIN THE CITY OF SAN LUIS OBISPO. (GEORGE/KISER) RECOMMENDATION: Adopt a resolution establishing a Plaque Policy for Projects of Significance. ACTION: Resolution No. 9598(2004 Series)adopted. (5.0). C3. RESOLUTION ADOPTING A FLAG DISPLAY POLICY AT CITY FACILITIES. (GEORGE/KISER) RECOMMENDATION: Adopt a resolution establishing a Flag Display Policy for City Facilities. ACTION: Resolution No. 9599 (2004 Series) adopted. (5:0). C4. CITY DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (MCCLUSKEY/LYNCH) RECOMMENDATION: Approve the Disadvantaged Business Enterprise Program for Fiscal Year 2004-05 for Federal Department of Transportation funded projects and authorize the Mayor to sign the program. ACTION. Approved. (5:0). 3 Council Agenda Tuesaay, August 17, 2004 Action Update C5. FINAL ADOPTION OF ORDINANCE NO. 1452 (2004 SERIES) APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY, THE.DAUDIO FAMILY AND SAN LUIS OBISPO MARKETPLACE, LLC FOR THE SAN LUIS OBISPO MARKETPLACE PROJECT. (LOWELUGEORGE/STANWYCK) RECOMMENDATION: Adopt Ordinance No. 1452 (2004 Series) approving a Development Agreement between the City, the Dalidio Family and San Luis Obispo Marketplace, LLC for the San Luis Obispo Marketplace. ACTION: Ordinance No. 1452(2004 Series)adopted. (3:1:1, Mulholland, opposed, Settle recused). C6. GOAL-SETTING AND FINANCIAL PLAN SCHEDULE FOR 2005-07. (HAMPIAN/STATLER) RECOMMENDATION: Approve the goal-setting and Financial Plan schedule for 2005- 07. ACTION: Approved. (5:0). PUBLIC HEARINGS 1. UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM.. (MAN DEVI LLE/BAASCH — 60 MINUTES) RECOMMENDATION: 1) Introduce an ordinance establishing a revised deadline for the mandatory strengthening or demolition of buildings of unreinforced masonry (URM) construction. 2) Adopt a resolution establishing specific fees for the planning application, plan review, and permit fees for projects involving the strengthening or demolition of a URM building. 3) Authorize a part-time URM Seismic Coordinator through June 2006 funded by the remaining balance in the existing URM Grant Program of $35,000. 4) Approve spending $12,000 for URM building placards. ACTION: 1) Ordinance No. 1453 (2004 Series) introduced. 2) Resolution No. 9600 (2004 Series)adopted. 3-4)Approved. (4:0:1, Schwartz absent). 2. INTRODUCE AN ORDINANCE TO PRINT AMENDING THE MUNICIPAL.CODE TO REVISE THE CITY'S RESIDENTIAL PARKING PERMIT DISTRICT PROGRAM. (MCCLUSKEY/HORCH -45 MINUTES) RECOMMENDATION: 1) Approve recommended changes to the City's Residential Parking Permit District Program. 2) Introduce an ordinance to print amending various sections of Chapter 10.36 of the City Municipal Code. 3) Appropriate $5,500 from the 4 Council Agenda Tuescay, August 17, 2004 Action Update unappropriated balance of the Parking Fund to cover the additional cost of proposed changes. ACTION. 1)Approved as amended. 2) Ordinance No. 1454 (2004 Series) introduced as amended. 3)Approved. (4:0:1, Schwartz absent). 3. CONSIDERATION OF THE ARCHITECTURAL REVIEW COMMISSION'S RECOMMENDATION TO APPROVE A NEGATIVE DECLARATION OF ENVIRONMENTAL_IMPACT (ER 26-04) AND ADOPT TEXT AMENDMENTS TO THE CITY'S SIGN REGULATIONS (TA 26-04). (MANDEVILLE/COREY— 45 MINUTES) RECOMMENDATION: As recommended by the Architectural Review Commission, repeal existing Chapter 15.40 (Sign Regulations) of the San Luis Obispo Municipal Code in its entirety and introduce an ordinance adding new Chapter 15.40 (Sign Regulations) to the San Luis Obispo Municipal Code and adopting a Negative Declaration of environmental impact (ER 26-04). ACTION. Ordinance No. 1455(2004 Series) introduced. (4:0:1, Schwartz absent). 4. INTRODUCE AN ORDINANCE PROHIBITING NUDITY IN PUBLIC. (LINDEN/BLANKE —30 MINUTES) RECOMMENDATION: That the City Council introduce a new ordinance adding Chapter 9.30 to Title 9 of the San Luis Obispo Municipal Code prohibiting nudity in public. ACTION. Ordinance No. 1456(2004 Series) introduced, as amended... Staff directed to return in October 2005 with a status report on the implementation of the ordinance (3:1:1, Mulholland opposed, Schwartz absent). BUSINESS ITEM 5. 2004-05 HUMAN RELATIONS COMMISSION (HRC) GRANTS4N-AID (GIA) FUNDING RECOMMENDATIONS. (MOLONEY/SYLVAIN —20 MINUTES) RECOMMENDATION: Adopt a resolution approving recommendations from the HRC for GIA funding for 2004-05 and authorizing the City Administrative Officer to execute agreements with each GIA recipient for 2004-05, inclusive of any modifications made by Council. ACTION: Resolution No. 9601 (2004 Series)adopted. (4:0:1, Schwartz absent). 5 Council Agenda Tuesaay, August 17, 2004 Action Update 6. REVIEW OF RULE PROHIBITING THE DISTRIBUTION OF ADHESIVE MATERIALS AT THE DOWNTOWN ASSOCIATION'S (DA)THURSDAY NIGHT PROMOTIONS FARMER'S MARKET. (CASH/KISER -45 MINUTES) RECOMMENDATION: As recommended by the Downtown Association Board of Directors, uphold the rule prohibiting the distribution of adhesive materials (given away or sold) at Thursday Night Promotions (TNP) Farmer's Market. ACTION. Approved. (3:1:1, Settle opposed, Schwartz absent). 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 August 24th Water Resources Advisory Committee meeting. She also reported that she attended the Downtown Association Board of Directors meeting. Mayor Romero reported on the San Luis Obispo Mayors'meeting on August 13th (memo on rile in the City Clerk's Office). The Mayor submitted a memo requesting that Council consider opposing Proposition 68 by resolution at a future Council meeting(on file in the City Clerk's Office). Staff directed to confirm with the League of CA Cities on which propositions the Council should take formal action. Council will address supporting Proposition 1A at the September 7u'meeting Council Member Settle commented on the Charter Communication letter to Principal Administrative Analyst Kiser regarding increased rates for expanded cable service beyond the basic service rate set by Council(letter on file in the City Clerk's Office). Mayor Romero reported on the Whale Rock Commission Meeting on August 12th (memo on file in the City Clerk's Office). 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). None. A. ADJOURN. 6 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, August 17, 2004 CLOSED SESSIONS Council Hearing Room 990 Palm Street 6:15 P.M. CONFERENCE REGARDING PROPERTYNEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1049 Orcutt Rd. Negotiating Parties: City of San Luis Obispo: Jonathan Lowell, Mike McCluskey, and Tim Bochum Property Owner: Bullock Family Negotiation: Direction to Negotiators 6:30 P.M. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization: Fire Battalion Chiefs' Association isCity Council regular meetings are televised live on 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. r - i Council Agenda Tuesday,-August 17, 2004 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, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz, Mayor Dave Romero 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. APPOINTMENTS Al. APPOINTMENT RECOMMENDATIONS TO THE HUMAN RELATIONS COMMISSION (HRC). (SWAN/MULHOLLAND — 5 MINUTES) RECOMMENDATION: 1) Reappoint Tom Hutchings to a four-year term beginning October 1, 2004 and ending September 30, 2008. 2) Reappoint Paul Wolff to a two- year term beginning October 1, 2004 and ending September 30, 2006. A2. APPOINTMENT RECOMMENDATION TO THE MASS TRANSPORTATION COMMITTEE (MTC). (EWAN/MULHOLLAND— 5 MINUTES) RECOMMENDATION: Appoint Susan Rains to the Mass Transportation Committee to fill the Cal Poly Representative position. A3. APPOINTMENT RECOMMENDATION TO THE.ADVISORY COMMITTEE ON THE JOINT USE OF RECREATIONAL FACILITIES. (SETTLE/SCHWARTZ-5 MINUTES) RECOMMENDATION: Appoint Robert Lewis to fill an unexpired term beginning on September 28, 2004 and expiring on March 31, 2007. 3 r.. Council Agenda Tuesday;August 17, 2004 CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. APPROVE.MINUTES OF TUESDAY, AUGUST 3. 2004 REGULAR MEETING. (REYNOLDS) RECOMMENDATION: Waive oral reading and approve as presented. C2. RESOLUTION ADOPTINGA_PLAQUE POLICY FOR PROJECTS OF SIGNIFICANCE WITHIN THE CITY OF SAN-LUIS OBISPO. (GEORGE/KISER) RECOMMENDATION: Adopt a resolution establishing a Plaque Policy for Projects of Significance. C3. RESOLUTION ADOPTING A FLAG DISPLAY POLICY AT CITY FACILITIES. (GEORGE/KISER) RECOMMENDATION: Adopt a resolution establishing a Flag Display Policy for City Facilities. C4. CITY DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (MCCLUSKEY/LYNCH) RECOMMENDATION: Approve the Disadvantaged Business Enterprise Program for Fiscal Year 2004-05 for Federal Department of Transportation funded projects and authorize the Mayor to sign the program. C5. FINAL.ADOPTION OF ORDINANCE NO. 1452 (2004 SERIES) APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY, THE DALIDIO FAMILY AND SAN LUIS OBISPO MARKETPLACE,LLC FOR THE SAN LUIS OBISPO MARKETPLACE PROJECT. (LOWELUGEORGE/STANWYCK) RECOMMENDATION: Adopt Ordinance No. 1452 (2004 Series) approving a Development Agreement between the City, the Dalidio Family and San Luis Obispo Marketplace, LLC for the San Luis Obispo Marketplace. C6. GOAL-SETTING AND FINANCIAL PLAN SCHEDULE FOR 2005-07. (HAMPIAN/STATLER) RECOMMENDATION: Approve the goal-setting and Financial Plan schedule for 2005- 07. 4 Council Agenda ` Tuesdayf August 17, 2004 PUBLIC HEARINGS 1. UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM. (MAN DEVI LLE/BAASCH —. 60 MINUTES) RECOMMENDATION: 1) Introduce an ordinance establishing a revised deadline for the mandatory strengthening or demolition of buildings of unreinforced masonry (URM) construction. 2) Adopt a resolution establishing specific fees for the planning application, plan review, and permit fees for projects involving the strengthening or demolition of a URM building. 3) Authorize a part-time URM Seismic Coordinator through June 2006 funded by the remaining balance in the existing URM Grant Program of $35,000. 4) Approve spending $12,000 for URM building placards. 2. INTRODUCE AN ORDINANCE TO PRINT AMENDING THE-MUNICIPAL CODE TO REVISE THE CITY'S RESIDENTIAL PARKING_PERMIT DISTRICT PROGRAM. (MCCLUSKEY/HORCH —45 MINUTES) RECOMMENDATION: 1) Approve recommended changes to the City's Residential Parking Permit District Program. 2) Introduce an ordinance to print amending various sections of Chapter 10.36 of the City Municipal Code. 3) Appropriate $5,500 from the unappropriated balance of the Parking Fund to cover the additional cost of proposed changes. 3. CONSIDERATION OF THE ARCHITECTURAL REVIEW COMMISSION'S RECOMMENDATION TO APPROVE A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ER 26-04) AND ADOPT TEXT AMENDMENTS TO THE.CITY'S SIGN REGULATIONS (TA 26-04). (MANDEVILLE/COREY— 45 MINUTES) RECOMMENDATION: As recommended by the Architectural Review Commission, repeal existing Chapter 15.40 (Sign Regulations) of the San Luis Obispo Municipal Code in its entirety and introduce an ordinance adding.new Chapter 15.40 (Sign Regulations) to the San Luis Obispo Municipal Code and adopting a Negative Declaration of environmental impact (ER 26-04). 4. INTRODUCE AN ORDINANCE PROHIBITING NUDITY IN PUBLIC. (LINDEN/BLANKE —30 MINUTES) RECOMMENDATION: That the City Council introduce a new ordinance adding Chapter 9.30 to Title 9 of the San Luis Obispo Municipal Code prohibiting nudity in public. 5 Council Agenda Tuesdayt`August 17, 2004 BUSINESS ITEM 5. 2004-05 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID (GIA_) FUNDING RECOMMENDATIONS- (MOLONEY/SYLVAIN — 20 MINUTES) RECOMMENDATION: Adopt a resolution approving recommendations from the HRC for GIA funding for 2004-05 and authorizing the City Administrative Officer to execute agreements with each GIA recipient for 2004-05, inclusive of any modifications made by Council. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). A. ADJOURN. 6 I council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, August 17, 2004 ADDENDUM ADDITION OF BUSINESS ITEM g, REVIEW OF RULE PROHIBITING THE DISTRIBUTION OF ADHESIVE MATERIALS AT THE DOWNTOWN ASSOCIATION'S (DDA) THURSDAY NIGHT PROMOTIONS FARMER'S MARKET_ (CASH/KISER— 45 MINUTES) RECOMMENDATION: As recommended by the Downtown Association Board of Directors, uphold the rule prohibiting the distribution of adhesive materials (given away or sold) at Thursday Night Promotions (TNP) Farmer's Market.