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HomeMy WebLinkAbout09/21/2004, AGENDA REVISED council agcnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, September 21 , 2004 Action Update 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street City Attorney Lowell announced the following Closed Session topic: CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization: San Luis Obispo Police Officers' Association City Attorney Lowell reported that the above-referenced Conference was held, during which Council provided direction to its labor negotiators. There was no further reportable action at this time. 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 PRESENTATION Human Resources Manager Moloney and Mayor Romero presented City employees with years of service awards. Mayor Romero announced that the display cabinet at the entry to the Council Chambers has been arranged in honor of former Mayor Ron Dunin and invited the public to view this memorial in honor of him. 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. Council Agenda Tuesday, Septehnj6r 21, 2004 Action Update C1. APPROVE MINUTES OF TUESDAY, AUGUST 31. 2004 SPECIAL MEETING AND TUESDAY, SEPTEMBER 7. 2004 REGULAR MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved, as amended, with minor corrections to the minutes of September (5:0). C2. AMENDMENT NO. 7 TO THE U.S. ARMY CORPS OF ENGINEERS LICENSE FOR SALINAS RESERVOIR. (MOSS/HENDERSON) RECOMMENDATION: Approve Amendment No. 7 and authorize the Mayor to sign the amendment between the City of San Luis Obispo and the Secretary of the Army (U.S. Army Corps of Engineers). ACTION. Approved(5:0). C3. APPROVAL OF USE OF A PORTION OF THE FILIPPONI ECOLOGICAL AREA-FOR MITIGATION IMPACTS TO CONGDON'S TARPLANT. (GEORGE/HAVLIK) RECOMMENDATION: 1) As recommended by the Parks and Recreation Commission, authorize the use of approximately four acres of land within the City's 75-acre Filipponi Ecological Area for mitigation of impacts to the Congdon's tarplant occasioned by the development of the Costco project on Los Osos Valley Road and the Dioptics development on Vachell Lane in the unincorporated area. 2) Authorize the Mayor to sign the attached agreements with Costco and Dioptics memorializing the terms of the mitigation projects. ACTION. Approved(5:0). C4. APPROVAL OF SETTLEMENT AGREEMENTS FOR FOOTHILL BRIDGE. (MCCLUSKEY/LYNCH) RECOMMENDATION: 1) Adopt a resolution approving the settlement agreements with the three affected property owners adjacent to the Foothill Bridge construction project. 2) Reduce the encumbrance to Meyers Nave by $31,000 to fund settlement payments. 3) Authorize Finance to issue payments as outlined in the settlement agreements including interest. ACTION. 1) Resolution.No. 9610(2004 Series) adopted. 2-3)Approved(5:0). C5. CANCELLATION OF THE NOVEMBER 2, 2004, REGULAR CITY COUNCIL.MEETING. (HOOPER) RECOMMENDATION: Cancel the Regular City Council Meeting of Tuesday, November 2, 2004. ACTION. Approved(5:0). Council Agenda Tuesday, Septen,oer 21, 2004 Action Update C6. POLICE STATION EMERGENCY GENERATOR_ REPLACEMENT, SPECIFICATION NO. 90506. (MCCLUSKEY/ELLIOT) RECOMMENDATION: 1) Approve a new CIP project to replace the emergency generator at the Police Station. 2) Transfer$50,700 from the Capital Outlay Fund completed projects account to a new project budget for the generator replacement. ACTION. Approved(5:0). PUBLIC HEARING 1. PLANNED DEVELOPMENT(PD) AMENDMENT RELATED TO NON-GOVERNMENTAL OFFICE SPACE AT THE WALTER BROTHERS CENTER LOCATED AT 3250 SOUTH HIGUERA (PD-MOD 95-04). (MANDEVILLE/KALKOWSKI -90 MINUTES) RECOMMENDATION-. As recommended by the Planning Commission at a public hearing on August 11, 2004, introduce an Ordinance which approves modifications to previously adopted Ordinance No. 1376 (2000 Series), eliminating the overall size restrictions of non-governmental offices and allowing doctors offices and medical clinics. ACTION. Ordinance No. 1457(2004 Series) introduced(5:0). BUSINESS ITEMS 2. WATER REUSE MASTER PLAN. (MOSS/HENDERSON —20 MINUTES) RECOMMENDATION: 1) Approve the Final Water Reuse Master Plan, July 2004. 2) Consider the Addendum to the Water Reuse Project EIR relative to the Water Reuse Master Plan and find that the preparation of a Supplemental EIR is not necessary. 3) Approve the strategy based on a hybrid of alternatives A-1 & A-2, for future annual expansion of the Water Reuse System to provide incremental increase in the water available for non-potable uses. ACTION. Approved(5:0). 3. CITY CLERK'S REPORT ON SUFFICIENCY.OFREFERENDUM PETITION REGARDING RESOLUTION NO. 9990 (2004 SERIES) DALIDIO/SAN LUIS MARKETPLACE PROJECT. (LOWELL/HOOPER— 20 MINUTES) RECOMMENDATION: 1) Defer action on the Referendum Petition regarding Resolution No. 9590 (2004 Series): a) Until the City Clerk has determined the final status of the Referendum Petition regarding Ordinance No. 1449 (2004 Series) related to the Dalidio/San Luis Marketplace Project; b) Until a Referendum Petition regarding Ordinance No. 1452 (2004 Series) related to the Dalidio/San Luis Marketplace Project has been submitted and its final status has been determined by the City Clerk. 2) Direct staff to prepare an ordinance providing for conducting an all-mailed ballot election. 3 Council Agenda Tuesday, Septenaier 21, 2004 Action Update ACTION: Approved, as amended, directing staff to return with a detailed analysis of the pros and cons of an all-mail ballot election versus a traditional polling place election (3:1:1, Mulholland opposed, Settle abstained). 4. MARDI GRAS WEEKEND 2005 PLANNING UPDATE AND RECOMMENDED STRATEGY. (LINDEN — 90 MINUTES) RECOMMENDATION: That the Council: 1) Receive a report regarding the planning efforts to date for Mardi Gras weekend 2005, and endorse an overall 2005 strategy for ending the dangerous and destructive Mardi Gras Weekend" phenomenon that has evolved in San Luis Obispo over the last several years. 2) Authorize the City Administrative Officer to execute a contract with Barnett Cox & Associates for an amount not to exceed $30,000 for public information services for Mardi Gras weekend 2005. 3) Conceptually support the creation of Safety Enhancement Zones in the areas of Foothill and California and the downtown, and direct staff to return to Council with an ordinance formally adopting them. ACTION: Approved, as amended, directing staff to draft an ordinance authorizing the creation of safety enhancement zones and allowing for setting of their boundaries by resolution of the City Council(5:0). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. Mayor Romero reported on the League of California Cities(LOCC)activities at its Annual Conference last week(see memo on rile in the City Clerk's Office). Council Member Settle said he and Council Member Mulholland also attended the LOCC Conference. He expressed concern regarding legislation related to annexations. Council Member Mulholland reported on her attendance at the September a Integrated Waste Management Board meeting and the September 14th Downtown Association Board meeting. She noted that the Taste of SLO event netted approximately$29,000 and that the holiday theme this year will be "Candy Cane Lane." Council Member Ewan reported that he attended the EOC Board meeting. 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). 4 / 11 Council Agenda Tuesday, Septert wer 21, 2004 Action Update Council Member Ewan recommended that the City consider the same participation in the Central Coast Greenbuild Conference& Expo, scheduled for February 2005, as we did last year (see memo on file in the City Clerk's Office). By consensus, Council directed staff to proceed as last year. A. ADJOURN. 5 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, September 21., 2004 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization: San Luis Obispo Police Officers' Association 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 riot 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. ® City 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. Council Agenda Tuesday, September 21, 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 31. 2004 SPECIAL MEETING AND TUESDAY, SEPTEMBER 7. 2004_REGULAR MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. C2. AMENDMENT NO. 7 TO THE U.S. ARMY CORPS OF ENGINEERS LICENSE FOR SALINAS RESERVOIR. (MOSS/HENDERSON) RECOMMENDATION: Approve Amendment No. 7 and authorize the Mayor to sign the amendment between the City of San Luis Obispo and the Secretary of the Army (U.S. Army Corps of Engineers). C3. APPROVAL-OF USE OF A PORTION OF THE FILIP.PONI ECOLOGICAL AREA FOR MITIGATION.IMPACTS TO cONGDOMS TARPLANT. (GEORGE/HAVLIK) RECOMMENDATION: 1) As recommended by the Parks and Recreation Commission, authorize the use of approximately four acres of land within the City's 75-acre Filipponi Ecological Area for mitigation of impacts to the Congdon's tarplant occasioned by the development of the Costco project on Los Osos Valley Road and the Dioptics development on Vachell Lane in the unincorporated area. 2) Authorize the Mayor to sign the attached agreements with Costco and Dioptics memorializing the terms of the mitigation projects. C4. APPROVAL OF SETTLEMENT AGREEMENTS FOR FOOTHILL BRIDGE. (MCCLUSKEY/LYNCH) RECOMMENDATION: 1) Adopt a resolution approving the settlement agreements with the three affected property owners adjacent to the Foothill Bridge construction project. 2) Reduce the encumbrance to Meyers Nave by $31,000 to fund settlement payments. 3) Authorize Finance to issue payments as outlined in the settlement agreements including interest. C5. CANCELLATION OF THE NOVEMBER 2, 2004, REGULAR CITY COUNCIL MEETING. (HOOPER) RECOMMENDATION: Cancel the Regular City Council Meeting of Tuesday, November 2, 2004. 3 Council Agenda - Tuesday, September 21, 2004 C6. POLICE STATION EMERGENCY.GENERATOR REPLACEMENT, SPECIFICATION NO. 90506. (MCCLUSKEY/ELLIOT) RECOMMENDATION: 1) Approve a new CIP project to replace the emergency generator at the Police Station. 2) Transfer $50,700 from the Capital Outlay Fund completed projects account to a new project budget for the generator replacement. PUBLIC HEARING 1. PLANNED DEVELOPMENT (PD) AMENDMENT RELATED TO NON- GOVERNMENTAL OFFICE SPACE..AT THE WALTERBROTHERSCENTER LOCATED AT 3250 SOUTH HIGUERA(PD-MOD 95-04). (MAN DEVILLE/KALKOWSKI — 30 MINUTES) RECOMMENDATION: As recommended by the Planning Commission at a public hearing on August 11, 2004, introduce an Ordinance which approves modifications to previously adopted Ordinance No. 1376 (2000 Series), eliminating the overall size restrictions of non-governmental offices and allowing doctors offices and medical clinics. BUSINESS ITEMS 2. WATER REUSE MASTER PLAN. (MOSS/HENDERSON — 20 MINUTES) RECOMMENDATION: 1) Approve the Final Water Reuse Master Plan, July 2004. 2) Consider the Addendum to the Water Reuse Project EIR relative to the Water Reuse Master Plan and find that the preparation of a Supplemental EIR is not necessary. 3) Approve the strategy based on a hybrid of alternatives A-1 & A-2, for future annual expansion of the Water Reuse System to provide incremental increase in the water available for non-potable uses. 3. CITY CLERK'S REPORT ON SUFFICIENCY OF REFERENDUM PETITION REGARDING RESOLUTION NO. 9590 (2004 SERIES) DALIDIO/SAN.LUIS MARKETPLACE PROJECT. (LOWELUHOOPER —20 MINUTES) RECOMMENDATION: 1) Defer action on the Referendum Petition regarding Resolution No. 9590 (2004 Series): a) Until the City Clerk has determined the final status of the Referendum Petition regarding Ordinance No. 1449 (2004 Series) related to the Dalidio/San Luis Marketplace Project, b) Until a Referendum Petition regarding Ordinance No. 1452 (2004 Series) related to the Dalidio/San Luis Marketplace Project has been submitted and its final status has been determined by the City Clerk. 2) Direct staff to prepare an ordinance providing for conducting an all-mailed ballot election. 4 r Council Agenda Tuesday, September 21, 2004 4. MARDI GRAS WEEKEND 2005 PLANNING UPDATE AND RECOMMENDED STRATEGY. (LINDEN - 90 MINUTES) RECOMMENDATION: That the Council: 1) Receive a report regarding the planning efforts to date for Mardi Gras weekend 2005, and endorse an overall 2005 strategy for ending the dangerous and destructive "Mardi Gras Weekend" phenomenon that has evolved in San Luis Obispo over the last several years. 2) Authorize the City Administrative Officer to execute a contract with Barnett Cox & Associates for an amount not to exceed $30,000 for public information services for Mardi Gras weekend 2005. 3) Conceptually support the creation of Safety Enhancement Zones in the areas of Foothill and California and the downtown, and direct staff to return to Council with an ordinance formally adopting them. 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. 5