HomeMy WebLinkAbout10/05/2004, AGENDA counciL agenda
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, October 5, 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
PRESENTATION
Mayor Romero presented a proclamation for National Dental Hygiene Month to
Renae Chiovaro, Registered Dental Hygienist and Secretary for the Central Coast
Dental Hygienists'and Ann Havlik, Registered Dental Hygienist.
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, SEPTEMBER 21, 2004 REGULAR
MEETING. (HOOPER)
RECOMMENDATION: Waive oral reading and approve as presented.
ACTION: Approved(5:0).
C2. ADOPT ORDINANCE NO. 1457 (2004 SERIES) MODIFYING THE WALTER
BROTHERS CENTER PLANNED DEVELOPMENT OVERLAY(PD 95-04).
(MANDEVILLEXALKOWSKI)
RECOMMENDATION: Adopt Ordinance No. 1457 (2004 Series), modifying Ordinance
No. 1376 (2000 Series) eliminating the overall size restrictions of non-governmental
offices and allowing medical clinics and doctors offices.
ACTION: Ordinance No. 1457(2004 Series)adopted(5:0).
Council Agenda Tuesua', October 5, 2004
Action Update
C3. UNSCHEDULED PARK MAINTENANCE FIELD RAKE REPLACEMENT.
(MCCLUSKEWHOLSTINE)
RECOMMENDATION: 1) Approve a cooperative procurement via purchase order to
John Deere Company in the amount of $8,277.60 for one John Deere field rake. 2)
Approve transferring $8,300.00 from the Fleet Replacement Fund completed projects
account to a new equipment replacement account.
ACTION: Approved(5:0).
C4. FOOTHILL PUMP STATION ABANDONMENT._SPECIFICATION NO. 90448.
(MCCLUSKEYNAN BEVEREN)
RECOMMENDATION: 1. Approve plans and specifications, and authorize staff to
advertise bids for"Foothill Pump Station Abandonment, Specification No. 90448." 2.
Authorize the City Administrative Officer to award the contract if the lowest responsible
bid is within the engineer's estimate of $105,000.
ACTION: Approved(5:0).
PUBLIC HEARINGS
1. EXPENDITURE PLAN FOR 2004-05 STATE SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS. (LINDEN/BISHOP- 10 MINUTES)
RECOMMENDATION: Adopt a resolution approving an expenditure plan for$100,000
from the 2004-05 State Supplemental Law Enforcement Services Funds (SLESF) to
continue funding the salary and benefits fora Police Field Services Technician and a
Communications Technician.
ACTION: Resolution No. 9611 (2004 Series)adopted(5:0).
2. 2004-05 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE
PLAN. (LINDEN/BISHOP- 10 MINUTES)
RECOMMENDATION: Adopt a resolution approving an expenditure of $9,800 in 2004-
05 Local Law Enforcement Block Grant Funds, with a required local City match of
$1,089, to fund equipment and training to enhance public safety services, as
recommended by the Chief of Police.
ACTION: Resolution No. 9612(2004 Series)adopted(5:0).
3. HOUSING ELEMENT PROGRAM IMPLEMENTATION. (MANDEVILLEIHOOK
—30 MINUTES)
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Council Agenda Tuesuay, October 5, 2004
Action Update
RECOMMENDATION: Introduce ordinances amending the Municipal Code to
implement Housing Element programs: 1) Inclusionary Housing (Ch. 17.91); 2)
Residential Growth Management (Ch. 17.88); 3) Downtown Housing Conservation (Ch.
17.86); 4) Architectural Review Commission exemption for Small Residential Projects
(Ch. 2.48); and 5) Non-Residential Uses Right to Continue (Ch. 17.22); and adopt a
resolution amending the Community Design Guidelines.
ACTION. 1) Ordinance No. 1458(2004 Series) introduced, as amended. 2)
Ordinance No. 1459(2004 Series)introduced. 3) Ordinance No. 1460(2004
Series introduced, as amended. 4) Ordinance No. 1461 (2004 Series) introduced.
5) Ordinance No. 1462(2004 Series) introduced. Resolution No. 9613 (2004
Series adopted(5:0).
BUSINESS
4. EXCLUSION OF THE SAN LUIS OBISPO CHILDREN'S MUSEUM FROM
AFFORDABLE HOUSING FEES BY SECTION 17.91.030 OF THE
AFFORDABLE HOUSING ORDINANCE AND AMENDMENT OF PARKING IN-
LIEU FEES RELATING TO COMMUNITY PARTNERS. (GEORGE/KISER — 10
MINUTES)
RECOMMENDATION: 1. Make a determination based on 17.91.030 (B.8.) of the City's
Affordable Housing Ordinance that the San Luis Obispo Children's Museum is excluded
from affordable housing fees. 2. Adopt a resolution amending the Parking In-Lieu Fees
to include a new fee category for Community Partners.
ACTION. 1)Approved. 2)Resolution No. 9614(2004 Series) adopted(5:0).
CONTINUED PUBLIC HEARING
5. DRAFT MARGARITA AREA SPECIFIC PLAN AND FINAL PROGRAM
ENVIRONMENTAL.IMPACT REPORT. (CONTINUED FROM SEPTEMBER 28,
2004). (MANDEVILLE/DRAZE —2 HOURS)
RECOMMENDATION: 1) Discuss the draft Margarita Area Specific Plan and Final
Program Environmental Impact Report (EIR), receive public testimony, and provide
direction to staff, as appropriate and continue the public hearing to October 12, 2004.
2) As recommended by the Planning Commission, in a future hearing, certify the EIR
and approve the plan, with Council amendments as appropriate.
ACTION. This hearing has been canceled for the October 5t' meeting. It was
continued on September 28"' to a special meeting on October 12th.
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Council Agenda Tuesuay, October 5, 2004
Action Update
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 her attendance at a recent Economic
Vitality Corporation(EVC)meeting.
Council Member Ewan reported on his attendance at last week's Air Pollution
Control District(APCD) meeting.
Vice Mayor Schwartz said that he will attend a San Luis Obispo Council of
Governments (SLOCOG)meeting tomorrow morning.
Mayor Romero reported on the recent Mayors'luncheon in Pismo Beach. He
noted that, in light of the recent ADA compliance lawsuits, Pismo Beach has
recently adopted a resolution requesting that the State enact a provision allowing
for a 90-day period to resolve those deficiencies, that other cities are doing the
same thing, and that the League of California Cities is investigating this matter.
Council Member Settle reminded the public about.Proposition 1A noting that its
purpose is to protect city and county finances.
It was noted that a special Council meeting on the Margarita Area Specific Plan
will be held on October 12m, that the October 19th meeting will begin at 5:00 p.m.,
and that the meeting of November 16th will begin at 4:00 p.m.
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.
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council aGEnaa
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, October 5, 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.
PRESENTATION.
PROCLAMATION FOR NATIONAL DENTAL HYGIENE MONTH. (ROMERO —5
MINUTES)
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.
Council Agenda - Tuesaay, October 5, 2004
PUBLIC COMMENTS ON AGENDA ITEMS: You may address the Council on any item described in this agenda by
completing a speaker slip and giving it to the City Clerk prior to the meeting. The Mayor will open the floor to and invite
public comments before the Council takes action on each item. (Gov. Code Sec. 54954.3(a)). Your speaking time is
limited to three(3)minutes. (CC&P Sec.1.3.7).
CITY COUNCIL PROCEDURES FOR PUBLIC HEARINGS: The Mayor will announce each item and thereafter, the
hearing will be conducted as follows:
1. City staff will present the staff report and recommendation on the proposal being heard and respond to questions
from Council.
2. The Mayor will open the public hearing by first asking the project applicantlappellant(or his/her representative)to
present any points necessary for the Council,as well as the public,to fully understand the proposal.
3. The Mayor will then ask other interested persons to come to the podium to present testimony either insupport of
or in opposition to the proposal.
4. Finally, the Mayor will invite the applicantlappellant (or his/her representative) back to the podium to respond to
the public testimony, if appropriate. The Mayor will then close the public hearing and limit further discussion to
the Council and staff prior to the Council taking a vote.
RULES FOR PRESENTING TESTIMONY AT A PUBLIC HEARING: City Council meetings often involve highly emotional
issues. It is important that all participants conduct themselves with courtesy, dignity and respect. All persons who wish to
present testimony are asked to observe the following rules:
1. Speakers are asked to submit speaker slips to the City Clerk.
2. If you have filled out a Speaker Slip,the Mayor will call you to the podium.
3. Speakers shall address the Council from the podium after giving his/her name and city of residence. Speakers
shall direct their comments to the Council,not the audience.
4. Speakers shall limit comments to three minutes. The Mayor, after all others have spoken, may allow additional
brief comments from speakers who have already commented on the same agenda item.
5. If testifying as paid representatives, as defined in the Municipal Code speakers shall register as a Municipal
Advocate and shall preface their comments by identifying themselves as Municipal Advocates (§2.64.020 &
§2.64.050&§2.64.070).
6. Applicants,appellants or applicant representatives desiring to speak shall:
a. Submit speaker slips to the City Clerk (available on a plastic rack at the entrance to the Council
Chamber).
b. Shall be permitted to speak first during the public comment portion of the public hearing for not more
than ten minutes.
c. Address the Council from the podium after giving their name and address, and/or the name and
address of the applicant/appellant they are representing. If the applicantlappellant's representative is a
paid Municipal Advocate,they shall comply with Number 5 above.
7. If you challenge an issue in court, you may be.limited to raising only those issues you or someone else raised at
this public hearing as described above, or in written correspondence delivered to the City before or during the
public hearing.
CORRESPONDENCE TO COUNCIL: Written comments on agenda items are encouraged and are most effective if
presented at least one day prior to the meeting. Note: Correspondence to Council received after 5:00 p.m. on the day of
the Council meeting regarding agenda items may not be distributed until the following day.
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Council Agenda Tuesday, October 5, 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, SEPTEMBER 21, 2004 REGULAR
MEETING. (HOOPER)
RECOMMENDATION: Waive oral reading and approve as presented.
C2. ADOPT ORDINANCE NO. 1457 (2004 SERIES) MODIFYING THE WALTER
BROTHERS CENTER PLANNED DEVELOPMENT OVERLAY (PD 95-04).
(MANDEVILLE/KALKOWSKI)
RECOMMENDATION: Adopt Ordinance No. 1457 (2004 Series), modifying Ordinance
No. 1376 (2000 Series) eliminating the overall size restrictions of non-governmental
offices and allowing medical clinics and doctors offices.
C3. UNSCHEDULED PARK MAINTENANCE FIELD RAKE REPLACEMENT.
(MCCLUSKEY/HOLSTINE)
RECOMMENDATION: 1) Approve a cooperative procurement via purchase order to
John Deere Company in the amount of $8,277.60 for one John Deere field rake. 2)
Approve transferring $8,300.00 from the Fleet Replacement Fund completed projects
account to a new equipment replacement account.
C4. FOOTHILL PUMP STATION ABANDONMENT, SPECIFICATION NO. 90448,
(MCCLUSKEYNAN BEVEREN)
RECOMMENDATION: 1. Approve plans and specifications, and authorize staff to
advertise bids for"Foothill Pump Station Abandonment, Specification No. 90448." 2.
Authorize the City Administrative Officer to award the contract if the lowest responsible
bid is within the engineer's estimate of $105,000.
PUBLIC HEARINGS
1. EXPENDITURE PLAN FOR 2004-05 STATE SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS.. (LINDEN/BISHOP— 10 MINUTES)
RECOMMENDATION: Adopt a resolution approving an expenditure plan for $100,000
from the 2004-05 State Supplemental Law Enforcement Services Funds (SLESF) to
continue funding the salary and benefits for a Police Field Services Technician and a
Communications Technician.
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Council Agenda Tuesday, October 5, 2004
2. 2004-05 LOCAL.LAW-ENFORCEMENT BLOCK GRANT EXPENDITURE
PLAN. (LINDE.N/BISHOP — 10 MINUTES)
RECOMMENDATION: Adopt a resolution approving an expenditure of $9,800 in 2004-
05 Local Law Enforcement Block Grant Funds, with a required local City match of
$1,089, to fund equipment and training to enhance public safety services, as
recommended by the Chief of Police.
3. HOUSING ELEMENT PROGRAM_IMPLEMENTATION. (MANDEVILLE/HOOK
— 30 MINUTES)
RECOMMENDATION: Introduce ordinances amending the Municipal Code to
implement Housing Element programs: 1) Inclusionary Housing (Ch. 17.91); 2)
Residential Growth Management (Ch. 17.88); 3) Downtown Housing Conservation (Ch.
17.86);4) Architectural Review Commission exemption for Small Residential Projects
(Ch. 2.48); and 5) Non-Residential Uses Right to Continue (Ch. 17.22); and adopt a
resolution amending the Community Design Guidelines.
BUSINESS
4. EXCLUSION OF THE SAN LUIS OBISPO CHILDREN'S MUSEUM FROM
AFFORDABLE.HOUSING.FEES BY SECTION 17.91.030 OF THE,
AFFORDABLE-HOUSING ORDINANCE AND AMENDMENT OF-PARKING IN-
LIEU FEES RELATING TO COMMUNITY PARTNERS. (GEORGE/KISER— 10
MINUTES)
RECOMMENDATION: 1. Make a determination based on 17.91.030 (B.8.) of the City's
Affordable Housing Ordinance that the San Luis Obispo Children's Museum is excluded
from affordable housing fees. 2. Adopt a resolution amending the Parking In-Lieu Fees
to include a new fee category for Community Partners.
CONTINUED PUBLIC HEARING
5. DRAFT MARGARITA-AREA SPECIFIC.PLAN AND FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT. (CONTINUED FROM SEPTEMBER 28,
2004). (MANDEVILLE/DRAZE— 2 HOURS)
RECOMMENDATION: 1) Discuss the draft Margarita Area Specific Plan and Final
Program Environmental Impact Report (EIR), receive public testimony, and provide
direction to staff, as appropriate and continue the public hearing to October 12, 2004.
2) As recommended by the Planning Commission, in afuture hearing, certify the EIR
and approve the plan, with Council amendments as appropriate.
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Council Agenda Tuesday, October 5, 2004
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
ADVISORY BODIES
ARCHITECTURAL REVIEW COMMISSION(ARC)
The ARC generally meets the first and third Monday of each month. The meetings are held in City Hall in the
Council Hearing Room at City Hall, 990 Palm St. and begin at 5:00 p.m. Call 781-7170 to confirm times and dates.
BICYCLE ADVISORY COMMITTEE(BAC)
The Bicycle Advisory Committee meets quarterly in March,June, September,and December. Call 781-7178 to
confirm exact dates and times..
CITY COUNCIL
The City Council meets on the first and third Tuesday of every month. The meetings generally begin at 7:00 p.m.
and are held at City Hall in the Council Chamber, 990 Palm Street. Call 781-7103 to confirm times and dates.
CULTURAL HERITAGE COMMITTEE(CHC)
The CHC meetings are held on the fourth Monday of the Month at 5:30 p.m. in the Council Hearing Room at City
Hall, 990 Palm St. Call 781-7170 to confirm dates and times.
DOWNTOWN ASSOCIATION BOARD OF DIRECTORS
The Downtown Association Board usually meets the second Tuesday of the month at 7:30 a.m. in the Council
Hearing Room located at City Hall, 990 Palm St. Call 541-0286 to confirm the date and time.
HOUSING AUTHORITY
The Housing Authority meets the third Thursday of the month at noon in the Housing Authority offices located at
487 Leff St. Call 543-4478 to confirm dates and times
HUMAN RELATIONS COMMISSION(HRC)
The Human Relations Commission usually meets the first Wednesday of the month at City Hall in the Council
Hearing Room, 990 Palm St. beginning at 5:00 p.m. Call 781-7251 to confirm dates and times.
JACK HOUSE COMMITTEE
The Jack House Committee meets the second Wednesday of the month at the Parks& Recreation Department,
1341 Nipomo Street, at 5:30 p.m. Call 781-7305 to confirm the dates and times.
JOINT USE OF RECREATIONAL FACILITIES COMMITTEE(JUG)
The Joint Use Committee meets the fourth Tuesday of each month at noon at the Recreation Department located
at 1341 Nipomo Street. Call 781-7300 to confirm dates and times.
MASS TRANSPORTATION COMMITTEE(MTC)
The Mass Transportation Committee meetings are held on call, generally on a quarterly basis. Call 781-7121 to
confirm exact dates and times.
PARKS AND RECREATION COMMISSION(P&R)
The Parks and Recreation Commission typically meets the first Wednesday of the month in the City/County
Library located at 995 Palm St. and begin at 7:00 p.m. Call 781-7300 to confirm dates and times.
PLANNING COMMISSION(PC)
The Planning Commission meets the second and fourth Wednesday of the month at 7:00 p.m. in the Council
Chamber, City Hall, 990 Palm Street. Call 781-7170 to confirm dates and times.
PROMOTIONAL COORDINATING COMMITTEE(PCC)
The Promotional Coordinating Committee meets the second Wednesday of each month at 5:30 p.m. in the
Council Hearing Room at City Hall, 990 Palm St. Call 781-7123 to confirm the times and places.
TREE COMMITTEE
Tree Committee meets at 5:00 p.m. on the fourth Monday of the month at the City's Corporation Yard located at
25 Prado Road. Call 781-7220 to confirm dates and times.
!Audrey F;op -Service Dog Research- _ Page 1
From: Joe Hazouri
To: brucedeile@dublin.com
Date: 10/8/04 11:03AM
Subject: Service Dog Research
Dear Mr. Deile:
Our City Attorney has researched the legal guidelines for service dogs and based on the information
provided by you this research supports your position that your dog qualifies as a service dog under
existing Federal, State and local laws, as well as in current case law on this issue.
I will be putting out an e-mail for our personnel advising them on what we have learned about this topic
and providing guidelines for them to follow in future contacts of this nature.
I would suggest to you that an option for you to prevent this type of problem in the future would be for you
to contact the County Clerk or the County Animal Control Department and ask them to issue you a service
dog identification tag. Although you are not required by law to do this, it might prevent future problems of
the kind you recently encountered at Foods For Less. The applicable code is California Food and
Agricultural Code 30850.
FOOD AND AGRICULTURAL CODE SECTION 30850-30854
30850. (a) The county clerk or animal control department shall endorse upon the application for an
assistance dog identification tag the number of the identification tag issued. As used in this chapter,
"assistance dogs"are dogs specially trained as guide dogs, signal dogs, or service dogs. All applications
that have been endorsed shall be kept on file in the office of the county clerk or animal control department
and shall be open to public inspection.
(b) Whenever a person applies for an assistance dog identification tag; the person shall sign an affidavit
stating as follows: "By affixing my signature to this affidavit, I hereby declare I fully understand that Section
365.7 of the Penal Code prohibits any person to knowingly and fraudulently represent himself or herself,
through verbal or written notice, to be the owner or trainer of any canine licensed as,to be qualified as, or
identified as, a guide dog, signal dog, or service dog, as defined in subdivisions(d), (e), and (f),
respectively, of Section 365.5 of the Penal Code and paragraph (6) of subdivision (b) of Section 54.1 of
the Civil Code, and that a violation of Section 365.7 of the Penal Code is a misdemeanor, punishable by
imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine."
if you have any questions, please call me at (805)781-7338 or e-mail me.
Audrey F:nper- Fwd: Service Dog Resp -h
J -
From: Wendy George
To: Council
Date: 10/8/04 11:29AM
Subject: Fwd: Service Dog Research
This e-mail is in response to the concern expressed during Public Comment at the most recent Council
meeting.
CC: Audrey Hooper; Hampian, Ken; Lowell, Jonathan P