Council Agenda: Tuesday, January 17, 2012

Tuesday, January 17, 2012

5:00 p.m.

Immediately Following

7:00 p.m.

SPECIAL MEETING

CLOSED SESSION

REGULAR MEETING

990 Palm Street

5:00 P.M. – SPECIAL MEETING – COUNCIL CHAMBER

CALL TO ORDER: Mayor Jan Marx

ROLL CALL: Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter and Mayor Jan Marx

PUBLIC COMMENTS ON AGENDA ITEMS ONLY: 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 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)

BUSINESS ITEM

1. GENERAL PLAN TASK FORCE FOR LAND USE AND CIRCULATION ELEMENTS UPDATE PROCESS. (johnson/murry – 1 hour)

RECOMMENDATION: Adopt a Resolution to create a General Plan Task Force and define its term and responsibilities.

ADJOURN TO A CLOSED SESSION

CLOSED SESSION IMMEDIATELY FOLLOWING THE 5:00 SPECIAL MEETING – COUNCIL HEARING ROOM

ANNOUNCEMENT OF CLOSED SESSION TOPICS

PUBLIC COMMENT ON CLOSED SESSION ITEMS

CONFERENCE WITH LEGAL COUNSEL – Existing Litigation

Pursuant to Government Code § 54956.9 (a)
(5) Abducted, Kidnapped, Abused Neglected, Endangered Afrikan Amerikan Rodgers’ Children of Tender Ages in Crisis; Otis Lee Rodgers v. City of San Luis Obispo; Kerri Rosenblum, Communications & Records Manager
San Luis Obispo Superior Court Case No. CV110603

ADJOURN TO A REGULAR MEETING

7:00 P.M. – REGULAR MEETING – COUNCIL CHAMBERS

PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT. (DIETRICK)

PRESENTATIONS

BADGING CEREMONY AND OATH FOR POLICE CHIEF STEVE GESELL. (LICHTIG/CANO – 10 MINUTES)

PROCLAMATION ACKNOWLEDGING DAVE CONGALTON. (MARX – 5 MINUTES)

PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda. 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 4 of City Hall.

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. MINUTES. (CODRON/CANO)

RECOMMENDATION: Waive oral reading and approve as presented.

C2. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR ORCUTT ROAD FRONTAGE AND SACRAMENTO DRIVE FOR TRACT 2707 – A RESIDENTIAL CONDOMINIUM SUBDIVISION AT 953 ORCUTT ROAD (CITYVIEW LAUREL CREEK). (WALTER/HANNULA/DOSTALEK)

RECOMMENDATION: Adopt a Resolution: 1) Accepting the public improvements for the Orcutt Road frontage of Tract 2707; 2) Accepting a majority of the public improvements for Sacramento Drive of Tract 2707; 3) Releasing the securities for Orcutt Road and Sacramento Drive, and collecting a new security to guarantee completion of the remaining public improvements for Sacramento Drive; and 4) Authorizing the Director of Public Works to accept the remaining Sacramento Drive public improvements and to release the remaining Sacramento Drive security once completed.

C3. HERITAGE TREE DESIGNATION. (WALTER/COMBS)

RECOMMENDATION: As recommended by the Tree Committee, designate one tree in the City’s Exposition/Meadow Park as a Heritage Tree.

C4. MID-HIGUERA BYPASS, SPECIFICATION NO. 90649 – PRELIMINARY DESIGN FUNDING. (WALTER/HORN)

RECOMMENDATION: Appropriate $100,000 from the Flood Control and Water Conservation District Zone 9 County Advisory Board program to fund Preliminary Design Services for Mid-Higuera Bypass project, Specification No. 90649.

C5. ADOPTION OF AN ORDINANCE REZONING properties at 1231-1233 Garden Street, 734-740 Pacific Street, and 1234 Broad Street from the Office (O) to downtown-Commercial (C-d) zone. (JOHNSON/LEVEILLE)

RECOMMENDATION: Adopt Ordinance No. 1572 (2012 Series) amending Title 17 of the San Luis Obispo Municipal Code.

C6. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2.04 OF THE SAN LUIS OBISPO MUNICIPAL CODE; COUNCIL MEETING DATE CHANGE.(dietrick/cano)

RECOMMENDATION: Adopt Ordinance No. 1573 (2012 Series) amending Chapter 2.04 of the San Luis Obispo Municipal Code to change regular Council meeting dates to the first three Tuesdays of the month.

PUBLIC HEARINGS – BUSINESS ITEMS

2. APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL APPLICATION AT 539 CERRO ROMAULDO. (WALTER/COMBS – 30 MINUTES)

RECOMMENDATION: Adopt a Resolution denying the appeal of the Tree Committee’s decision to not allow the removal of two palm trees at 539 Cerro Romauldo.

3. APPEAL OF PLANNING COMMISSION DECISION WHICH UPHELD THE ADMINISTRATIVE HEARING OFFICER’S DECISION TO REVOKE THE HOME OCCUPATION FOR PIANO LESSONS AT 1247 VISTA DEL LAGO (R-1-PD ZONE). (JOHNSON/LEVEILLE – 45 MINUTES)

RECOMMENDATION: Approve a Resolution denying the appeal and revoke the Home Occupation Permit for piano lessons at 1247 Vista del Lago.

4. SOUTHWOOD SEWERLINE REPLACEMENT, SPECIFICATION NO. 91145.
(MATTINGLY/METZ – 30 MINUTES)

RECOMMENDATION: 1) Authorize a total project budget of $193,200 for Southwood Sewerline Replacement project, Specification Number 91145; and 2) Adopt a Resolution suspending bidding requirements for the Southwood Sewerline Replacement project due to serious structural deficiencies at a creek crossing and authorizing the City Manager to execute a contract for project construction if the lowest responsible estimate is within the Engineer’s Estimate of $100,000.

5. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT. (MATTINGLY/HIX/FLOYD/BREWEN/MUNDS – 1 HOUR)

RECOMMENDATION: 1) Conduct a public hearing to consider a resolution authorizing the City to enter into an agreement to participate in Pacific Gas & Electric Company’s Sustainable Solutions Turnkey Program; 2) Adopt a Resolution authorizing the City Manager to enter into a service agreement for Energy Efficiency and Renewable Energy Upgrades at the Water Reclamation Facility pursuant to Government Code 4217; 3) Authorize the City Manager to execute a Work Order, upon approval of the City Attorney as to form, to implement the Investment Grade Analysis with the Work Order amount not to exceed $400,000; and 4) Approve the deferral or elimination of identified Water Reclamation Facility capital improvement projects and the use of up to $400,000 of previously appropriated sewer fund capital funds to proceed with the Phase 3, 50% design.

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 Manager 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)

ADJOURN.