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HomeMy WebLinkAbout03/17/2009MINUTES ' MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 17, 2009 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 5:00 P.M. — SPECIAL MEETING — COUNCIL HEARING ROOM ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Manx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ANNOUNCEMENT OF CLOSED SESSION TOPIC ' City Attorney Lowell announced the following Closed Session topic. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons Employee Organizations: San Luis Obispo City Employees Association (SLOCEA) San Luis Obispo Police Officers Association (SLOPOA) San Luis Obispo Police Staff Officers Association (SLOPSOA) San Luis Obispo Fire Association (Fire) San Luis Obispo Fire Battalion Chiefs Association Unrepresented Confidential Employees Unrepresented Management Employees PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Romero called for public comments. None were forthcoming and the meeting adjourned to the Closed Session. CLOSED SESSION REPORT City Attorney Lowell reported on the Closed Session at the commencement of the 6:00 p.m. Special Meeting. City Council Meeting Tuesday, March 17, 2009 Page 2 The Closed Session adioumed at 5:55 p.m. (Mayor Romero did not return for the following meeting.) 1 6:00 SPECIAL MEETING - COUNCIL CHAMBER ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, and Vice Mayor Allen K. Settle. Council Members Absent: Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION REPORT City Attorney Lowell reported that Council met in Closed Session at 5:00 p.m. to discuss labor negotiations as indicated above. Council provided direction to its negotiators. No further reportable action was taken. PRESENTATION Vice Mayor Settle presented John Flores, Regional Representative of the U.S. Census Bureau, with a proclamation acknowledging the 2010 Census. APPOINTMENTS Al. 2009 APPOINTMENTS TO THE CITY ADVISORY BODIES. Council Member Carter reported on the appointment process and the high caliber of applicants. ACTION: Moved by Carter /Ashbaugh to make appointments to the City's advisory bodies effective April 1, 2009, in accordance with the recommendations of the Council Subcommittees and directed staff to continue to recruit for unfilled vacancies; motion carried 4:0 (Romero absent). 1 1 D 1 City Council Meeting Tuesday, March 17, 2009 CONSENT AGENDA Page 3 ACTION: Moved by Carter /Manx to approve the Consent Agenda as indicated below. C1. MINUTES OF TUESDAY, FEBRUARY 3, 2009, SPECIAL AND REGULAR MEETINGS. ACTION: Moved by Carter /Manx to waive oral reading and approve as presented; motion carried 4:0 (Romero absent). C2. HERITAGE OAKS BANK SPONSORSHIP FOR THE SAN LUIS OBISPO TRIATHLON. ACTION: Moved by Carter /Marx to, as recommended by the Parks and Recreation Commission, authorize the Mayor, on behalf of the City, enter into an agreement with Heritage Oaks Bank for sponsorship of the San Luis Obispo Triathlon in exchange for a $5,000 monetary contribution and other in -kind services of approximately $2,000; motion carried 4:0 (Romero absent). C3. FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2865 — A 16 UNIT RESIDENTIAL CONDOMINIUM CONVERSION SUBDIVISION AT 1043 ELLA STREET (ADELAIDA PROPERTIES, L.P.). ACTION: Moved by Carter /Marx to adopt Resolution No. 10065 (2009 Series) accepting the public improvements, certifying completion of the required private improvements, and releasing /reducing the outstanding sureties for Tract 2865; motion carried 4:0 (Romero absent). 1 IOC PARKING FUND RECOMMENDATION BUSINESS ITEM Director of Public Works Walter and Parking Services Manager Horch presented the agenda report. They, Finance & Information Technology Director Statler, and De u Director of Public Works Bochum responded to questions. Public Comments Gary Fowler, San Luis Obispo resident and member of Save Our Downtown, spoke in opposition to the parking structure. Ken Schwartz, San Luis Obispo, supported the proposal with two exceptions: 1) He objected to calling it the "Monterey Street' parking structure. 2) He thought that the structure should not be limited to parking only, but that a design - oriented architect should be employed to develop a creative urban design space on the structure. City Council Meeting Page 4 Tuesday, March 17, 2009 Pierre Rademaker, representing the Chamber of Commerce on the Ad Hoc Parking 1 Review Committee, concurred with both of Mr. Schwartz's concerns. He added that it should not be called the "Palm - Nipomo" parking structure either. Tom Swen, representing the Downtown Association on the Ad Hoc Parking Review Committee, spoke in support of the recommendations. In response to Council Member Ashbaugh, he indicated that while he may be in favor of having a mixed use, he had concerns related to how it would be funded and whether it would be City -owned and operated. - -end of public comments— Discussion followed during which staff responded to questions. Council Member Marx suggested using "Monterey - Nipomo Street" as the name for the structure. She suggested that it could be designed so as to leave options open for other uses or additional parking space. She said her concerns about the project are financial as she wants the City to be able to work with SLOCOG, the County or Court System, or Greyhound Bus to build a multi -modal facility in the vicinity of Marsh and Higuera or Santa Rosa Avenue should the opportunity arise. Council Member Carter spoke in support of moving ahead with the project. Council Member Ashbaugh expressed some concern regarding the distance of the site from the projected parking demand, suggested that the structure should include some multi -use options, and suggested that the environmental review should address whether there are other feasible alternate sites. Vice Mayor Settle spoke in support of the staff recommendation. Additional discussion ensued regarding the RFP process and whether there are other practical alternatives to the Palm - Nipomo site. Parking Manager Horch discussed the new law that passed early this year which will require the City to pay, retroactively from January 2009, County and State surcharges on parking citations. He provided an analysis of the costs the City will incur and said this matter will be brought before Council in the near future. ACTION: Moved by Ashbaugh /Marc to approve the staff recommendation with added direction that the Request for Proposals (RFP) be returned to Council for consideration before it's issued (4:0, Romero absent). Staff indicated that an option will be built into the RFP that would ask the architect to look at added uses on the project site. While the report may comment on whether there are ' City Council Meeting Page 5 Tuesday, March 17, 2009 other practical alternatives to the Palm - Nipomo site, it will not be staffs intent to do further investigation on alternative sites. The Special Meeting adioumed to the Regular Meeting at 7:40 p.m. 7:40 P.M. REGULAR MEETING The Regular meeting commenced at 7:40 p.m. Mayor Romero was absent. Council Members Ashbaugh, Carter, Manx and Vice Mayor Settle were present. PUBLIC COMMENT Don Ernst, San Luis Obispo, distributed a request for an exemption (on file in the City Clerk's office) from the fire sprinkler requirements for property at 1020 and 1014 Palm Street. He asked that Council grant a hearing on this matter. Following a brief update by City Manager Hampian on Mr. Emst's concerns, Council directed this matter to the Fire Chief for a response. Carolyn Smith, San Luis Obispo, expressed concern regarding the behavior of students residing in her neighborhood, asked Council to take efforts to alleviate some of the problems that have arisen as a result, as well as to strengthen the City's noise ordinance. Leslie Halls, Executive Director of the SLO County Builders Exchange, read a letter from the Exchange (on file in the City Clerk's Office) expressing concerns that the City issued an addendum for the Laguna Lake Restroom facilities project to include bids for a pre- fabricated building. City Manager Hampian reviewed action Council provided to staff at a prior meeting to investigate a pre - fabricated option and clarified that staff will return to Council with the bid award that will include both an option for either a built -on site restroom or a pre - fabricated restroom as part of the project. PUBLIC HEARINGS 2. REVIEW OF A HOUSING DEVELOPMENT CONSISTING OF 81 RESIDENTIAL DWELLINGS AND 1,000 SQUARE FEET OF COMMERCIAL SPACE, AND ASSOCIATED ENTITLEMENTS, (851 AND 860 HUMBERT AVENUE AND UNADDRESSED VACANT LOT: 004 -951 -009. GPA/R/PD/TR/ANAN /A 27 -06 AND ER 123 -08. Community Development Director Mandeville introduced this item, following which Contract_ Planner Jamie Hill and Housing Proiects Manager Codron presented the agenda report and responded to questions. 1 City Council Meeting Page 6 Tuesday, March 17, 2009 Carol Hatlev, representing the Housing Authority, discussed, in part, the design and redesign process this project has undergone, how the Housing Authority of San Luis ' Obispo (HASLO) determined this site should be developed for home ownership rather than rental units, and the affordability nature of the project, and responded to questions. Lenny Grant, project architect, provided a description of the project and how it achieves the goals of the draft South Broad Street Corridor Plan and responded to questions. Tracy Ferguson, architect's office, discussed the green building strategies incorporated in the project and responded to questions. Vice Mayor Settle opened the public hearing. The following people spoke in support of the project: Vallerie Steenson, representing Habitat for Humanity Marguerite Bader, representing the Workforce Housing Coalition Jerry Rioux, Director of the Housing Trust Fund Steve DelMartini, San Luis Obispo Biz Steinberg, Housing Commissioner Donna Lewis, mortgage broker and member of the Workforce Housing Coalition Susan Fong, Secretary of Board of Directors of the Villa Rosa Homeowners Association, ' suggested that the project is premature since it is not clear whether there will be infrastructure funding for the widening of Lawrence Drive. She also questioned whether tandem parking is appropriate in a project of the size proposed, and expressed concern about traffic issues and density. Vice Mayor Settle closed the public hearing. Council recessed at 9:30 p.m. and the meeting reconvened at 9:42 p.m. with the same members present. Council discussion ensued during which Deputy Director of Public Works Bochum and Ms. Hatley responded to questions. Community Development Director Mandeville reviewed the issues on which there was Council consensus and which are contained in the motion. He explained that consideration can be given to the the light at Lawrence and Broad when the Broad Street Corridor Plan comes back to Council in the fall. ACTION: Moved by Settle /Carter to adopt Resolution No. 10066 (2009 Series) and Resolution No. 10067 (2009 Series), and introduce Ordinance No. 1523 (2009 Series) (4:0, Romero absent). The motion also included the following direction to the Architectural Review Commission on modifications to the project to improve site 1 planning: City Council Meeting Page 7 Tuesday, March 17, 2009 Consider Planning Commission direction: 1. Consider modifications to the site plan to increase usable open space, including possible Reconfiguration or elimination of the Humbert Avenue cul -de -sac. 2. Consider providing bike path access from the site to the Railroad Safety Path. 3. Review the width of the tandem parking garages. 4. Consider modifying the widths of decks to have a minimum depth of 5 -feet or more. Consider City Council direction: To the extent possible without losing housing units or decreasing density: 1. Explore shifting Buildings 3 -6 west, so that the parking lot will be at the eastern extent of the site, nearest the railroad. 2. Provide a public access easement over the open space area west of Victoria Avenue to insure it remains a permanent amenity. 3. Reduce the height of buildings -facing Lawrence Street and relocate the taller buildings elsewhere on the site. 4. Provide additional amenities within the open space areas to serve family households, such as play equipment, a sand box area, picnic benches and trees or other facilities to facilitate social interaction. 5. Consider modifying the design to be less industrial and more residential in character. 3. DETERMINATION OF NEED FOR ADDITIONAL TAXI SERVICES. Public Works Director Walter introduced this item, following which Transit Manager Webster presented the agenda report and responded to questions. They and Deputy Director Bochum responded to questions. Vice Mayor Settle stated for the record that, because it is not permitted by the California Code, the proposed rate table has been revised to clarify that no surcharge will be applied for credit card use. Vice Mayor Settle opened the public hearing. Harold Mesick, representing Green GoTaxi, spoke on behalf of the application. He clarified that the per mile rate should be $2.50 rather than $2.25. He also asked for approval of an additional taxi cab. In reponse to Mr. Mesick, City Attorney Lowell clarified that the language in the rate table will be modified to permit a pick up charge. Public Works Director Walter clarified that approval of an additional cab may not be acted I on at this meeting as the original request was only for one cab and any additional cabs must be noticed. City Council Meeting Page 8 Tuesday, March 17, 2009 Vice Mayor Settle closed the public hearing. ACTION: Moved by Marx/Ashbaugh to: 1. Adopt Resolution No. 10068 (2009 Series), declaring the need for operation of three taxi operators in the City of San Luis Obispo, with a correction to the per mile fee ($2.50 instead of $2.25 /mile), the elimination of a fee for credit card use, and the addition of a $4.00 pick up charge. 2. Authorize the City Manager or his designee to process the Certificate of Public Convenience and Necessity and Taxi Permit to Green -Go Taxi L.L.C. on a one year trial basis; motion carried 4:0 (Romero absent). BUSINESS ITEMS 4. ORDINANCE AMENDING TAXICAB AND TAXI DRIVER PERMIT REGULATIONS. Chief of Police Linden presented the agenda report. Council discussion ensued during which Chief Linden responded to questions. During the discussion, Council Member Marx requested that the words "or during the processing of said application" be added after section 5.20.210 E5 add after the word "application," and Council Member Ashbaugh suggested that a semicolon should be added following the word "pandering" in section 5.20.210 E4. Public Comments None were forthcoming. —end of public comments -- ACTION: Moved by Marx/Carter to introduce Ordinance No. 1524 (2009 Series) amending sections 5.20.020, 5.20.050, 5.20.080, 5.20.110, 5.20.170, 5.20.180, 5.20.210 and 5.20.230 of the San Luis Obispo Municipal Code to modify the processes for obtaining a certificate of public convenience and necessity for the operation of a taxicab business, applying for additional or replacement taxicab permits, filing notices of rate changes, approving taxicab color schemes and insignia, and denying or revoking a taxi driver permit. The motion included the requests indicated above; motion carried 4:0 (Romero absent). 5. ORDINANCE. AMENDING MUNICIPAL CODE CHAPTER 9.05 – Chief of Police Linden and Administrative Lieutenant Staley presented the agenda report. They and Frank Warren, Program Supervisor with the County Drug and Alcohol Services, responded to questions. r i City Council Meeting Tuesday, March 17, 2009 Page 9 Public Comments ' Police Chief Linden, in reponse to questions from Kylie Mendonca, writer for The New Times, clarified that the ordinance does not give officers rights beyond those granted by the Fourth Amendment. —end of public comments— Council Members Marx, Ashbaugh and Carter spoke in support of the proposed amendments. Council Member Marx also questioned whether the fines are high enough. Council Members Carter, Council Member Ashbaugh and Marc urged Council to review other ordinances dealing with property responbility, particularly the noise ordinance, for the purpose of strengthening them. ACTION: Moved by Settle /Ashbaugh to introduce Ordinance No. 1525 (2009 Series) modifying section 9.05.010 of the San Luis Obispo Municipal Code (social host ordinance) to reduce the number of minors required to be present and consuming alcohol at a gathering, and to reclassify a violation from an infraction to a misdemeanor; motion carried 4:0 (Romero absent). COMMUNICATIONS Following a brief discussion ensued regarding the summer Council meeting schedule, by consensus Council directed staff will place an item on the agenda for the meeting of April 7 with a recommendation that the August 18 Council meeting be cancelled. COUNCIL LIAISON REPORTS Council Member Marx reported on her attendance at the SLO County Council of Governments (SLOCOG) and the Regional Transit Authority meeting on March 4, the Regional Transit Authority meeting and attended Ahwahnee Local Government Commission Conference the following week. Council Member Ashbaugh reported on his attendance at the Save Our Downtown Association meeting last night. There being no further business to come before the City Council, Vice Mayor Settle adjourned the meeting at 12:07 a.m. �264� 44�� Audrey *per City Cle APPROVED BY COUNCIL: 04/21/09