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Home My WebLink About12/5/2023 Item 6a, Horn - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: December 4, 2023 TO: Mayor and Council FROM: Matt Horn, Public Works Director VIA: Derek Johnson, City Manager SUBJECT: ITEM 6a – RESOLUTION ON PUBLIC NOTIFICATION FOR LONG-TERM CONSTRUCTION PROJECTS IN THE DOWNTOWN Staff would like to provide the following information and clarification to supplement the Council Agenda Report. 1) Revision to the second staff recommendation as follows (added text in highlight): Revised recommendation: Provide direction to staff on whether the Council has an interest in pursuing the development of a “Public Inconvenience Fee”, which would assess a fee for private construction that requires extended closures of public sidewalls, roadways, and parking lanes. Staff is not recommending pursuing a “Public Inconvenience Fee” at this time. The Council Agenda Report includes a discussion of the development of a Public Inconvenience Fee, however, this concept has not yet been discussed with the development or construction industry nor with downtown businesses or property owners. Additional research and outreach are needed before such a fee would be ready to be discussed further with the Council. As a result, staff is no longer recommending that this fee be considered by the Council as part of this item. 2) A revised draft resolution is attached with the following changes : a. Section 2. Unless necessary for emergency access or maintenance, construction activities that affect a City streets travel lane, bike lane, parking lane, or sidewalk in the Downtown Area shall not occur between Thanksgiving and New Year’s Day and shall be restricted by the Public Works Department through the project specifications and through the Encroachment Permit issued pursuant to Municipal Code Section 12.04.060. b. Section 7. Pursuant to the authority provided to the Director in Municipal Code Section 12.04.060, Council hereby directs the Director to impose the following conditions on Encroachment Permits issued within the Downtown Area where a travel lane, bike lane, parking lane, or sidewalk is closed for ten, cumulative business days or more: Resolution On Public Notification For Long-Term Construction Projects In The Downtown Page 2 These proposed changes to the resolution are reflected in Attachment A with new additions highlighted and omissions in strikethrough. ATTACHMENT A - Revised Resolution on Public Notification for Long -Term Construction Projects in the Downtown RESOLUTION NO. _____ (2023 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REQUIRING ADVANCED NOTIFICATION FOR LONG-TERM CONSTRUCTION PROJECTS AND RIGHT OF WAY ENCROACHMENT IN THE DOWNTOWN AREA AND A RESTRICTION OF CONSTRUCTION ACTIVITIES WITHIN THE DOWNTOWN CORE DURING THE HOLIDAYS THAT IMPACT THE PUBLIC RIGHT OF WAY WHEREAS, it is essential to maintain and upgrade City infrastructure in order to provide reliable municipal services and to maintain a healthy local economy; and WHEREAS, prolonged construction impacts associated with traffic detours and vehicular, sidewalk, and bike lane closures, as well as materials and equipment deliveries, can be disruptive to the flow of traffic in the downtown area and affect access for consumers to the downtown retail core; and WHEREAS, most businesses and residents are willing to accept a level of inconvenience, provided that projects are coordinated and managed carefully, and that the need for anticipated impacts to public circulation and access is communicated; and WHEREAS, Downtown SLO has requested improved coordination in the coordination of capital projects in the downtown core, and in the level of communication between the City and Downtown SLO regarding project purpose and status; and WHEREAS, long-term construction projects can be disruptive to the success of Downtown merchants and businesses; and WHEREAS, the City Council adopted Resolution 9487 (2003 Series), titled: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING POLICY REGARDING CITY CAPITAL IMPROVEMENT PROJECTS AND RIGHT OF WAY ENCROACHMENT IN THE DOWNTOWN AREA; and WHEREAS, Resolution 9487 (2003 Series) only restricted construction activity during the Holiday period between Thanksgiving and New Year’s Day, but there is also a need to mitigate long-term disruptions in the downtown at all times of year via advanced notification to affected businesses; and WHEREAS, the area bound by this policy should expand to include all areas of the downtown core as defined in the Land Use Element due to the businesses located there; and WHEREAS, Resolution 9487 (2003 Series) only imposed noticing requirements on City-led construction projects but noticing should also be imposed for private -led construction projects; and Resolution No._______(2023 Series) Page 2 R _____ WHEREAS, pursuant to City Municipal Code Section 12.04.060, upon receiving an application for an encroachment permit, the City Engineer shall either approve, conditionally approve, or reject it and the permit shall include all the conditions required by City Code and conditions set by the Public Works Director (Director). NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo that the following policy is to be followed in the completion of capital improvement projects and the issuance of Encroachment Permits in the downtown area: SECTION 1. Resolution 9487 (2003 Series) is hereby repealed and replaced by this Resolution. SECTION 2. Unless necessary for emergency access or maintenance, construction activities that affects a City Streets travel lane, bike lane, parking lane, or sidewalk in the Downtown Area shall not occur between Thanksgiving and New Year’s Day and shall be restricted by the Public Works Department through the project specifications and through the Encroachment Permit issued pursuant to Municipal Code Section 12.04.060. SECTION 3. For purposes of this policy the “Downtown Area” shall include the Downtown Core as defined in the Land Use Element of the General Plan (Exhibit A). SECTION 4. For purposes of this policy, “long-term” shall be defined as ten cumulative business days or more. SECTION 5. The Public Works Director shall have discretion in allowing long-term construction projects to commence or to continue between Thanksgiving and New Year’s Day if it is adequately demonstrated that the project is necessary for emergency access or maintenance, or that the delay to new construction or suspension of ongoing construction activities would be overly burdensome to the project proponent while also minimally disruptive and impactful to downtown businesses and the general public. SECTION 6. The City shall be bound by the following requirements for Capital Improvement Projects in the Downtown Area: a) Provide ample notification to businesses and residents within an area of at least 300 feet of the impacted area, either directly or through its contractors, regarding planned Capital Improvement Plan projects; and b) All reasonable steps will be taken by the City staff to ensure ample communication and coordination relative to planned City projects (non - emergency) in the downtown, including: i. A minimum of 30-days notification to Downtown SLO prior to construction; ii. The preparation of project “fact sheets” for Downtown SLO to fully explain project purpose and other important information; Resolution No._______(2023 Series) Page 3 R _____ iii. Participation in quarterly “project coordination meetings” with Downtown SLO; iv. Attending or conducting community meetings and/or forums and making presentations for larger complex projects when requested by Downtown SLO, or as determined by staff; v. Including in the project specifications requirements that the contractor is responsible for notification, signage, and procedures to minimize impacts on affected businesses to the extent feasible; and c) Downtown SLO shall be responsible for communicating with its membership regarding project plans and status following receipt of project information from the City; and d) The City staff will make every reasonable effort to ensure that: i. All involved staff members share and communicate accurate information; and ii. Projects managed by all departments in the City are properly coordinated. SECTION 7. Pursuant to the authority provided to the Director in Municipal Code Section 12.04.060, Council hereby directs the Director to impose the following conditions on Encroachment Permits issued within the Downtown Area where a travel lane, bike lane, parking lane, or sidewalk is closed for ten, cumulative business days or more: a) The Contractor will provide ample notification to businesses and residents within an area of at least 300 feet of the impacted area, regarding planned encroachment of the public right-of-way in the downtown area; and b) All reasonable steps will be taken by the contractor to ensure ample communication and coordination relative to planned encroachment permit projects (non-emergency) in the downtown, including: i. A minimum of 30-days written notification to Downtown SLO prior to construction. Contractor shall be required to show proof of communication; ii. Mailers, doorhangers, and email to all businesses or residents within 300 feet of the impacted right of way a minimum of 30 days prior to impact. Contractor shall be required to show proof of communication. c) Downtown SLO shall be responsible for communicating with its membership regarding project plans and status following receipt of project information from the Contractor; and Resolution No._______(2023 Series) Page 4 R _____ SECTION 8. The Council hereby directs staff to return to Council with recommended updates to the Municipal Code to codify the policy contained herein. On motion of Council Member _______, seconded by Council Member _____________ and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 202 3. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Resolution No._______(2023 Series) Page 5 R _____ Exhibit A Downtown Core as Defined in the Land Use Element of the General Plan