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HomeMy WebLinkAbout01/23/2007, C1 - JANUARY 9, 2007, CITY COUNCIL MEETING MINUTES ��iiiiulllllllllllll��11° 9����b FLEETING AGENDA council memouanoum DATE ITEM # .w- G/ tCity of San Luis Obispq January 16, 2007 TO: Mayor Romero & Members of the City Council FROM: Audrey Hooper, City Clerk IV VIA: Ken Hampian, CAO ` SUBJECT: January 9, 2007, City Council Meeting Minutes The minutes for the City Council meeting of January 9, 2007, were not available at the time the agenda packet was distributed. They will be finalized and distributed as a red file item later this week. GA301-04 Minutes\1-23-07 Meeting Late Delivery of 1-09-07 Minutes.doc MEETING AGENDA DATE 617 ITEM # C/ MINUTES SPECIAL BUDGET MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY,JANUARY 10, 2007—6:30 P.M. LUDWICK COMMUNITY CENTER 864 SANTA ROSA STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Andrew Carter, Allen Settle, Vice Mayor Christine Mulholland, and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Julie O'Connor, Deputy City Clerk; Elaina Cano, Deputy City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Irons, Human Resources Director; Deborah Linden, Police Chief; John Callahan, Fire Chief; John Moss, Utilities Director; Jay Walter, Public Works Director; Betsy Kiser, Parks and Recreation Director Facilitator: Don Maruska 2007-09 FINANCIAL PLAN COMMUNITY FORUM CAO Hampian and Finance Director Statler provided an overview of the goal-setting process, current goals, Measure Y results,and the fiscal outlook for 2007-09, following which Facilitator Maruska explained the interactive process designed for this forum. There were approximately 220 participants in this forum. During the Public Comment period, approximately 70 members of the public provided input on the issues and goals that were of priority to them. Their comments were recorded and all participants were provided an opportunity to "cast a vote" next to five ideas they thought should be top priorities. Feedback from this community forum is summarized in Section 5 of the 2007-09 Financial Plan Goal Setting Workshops binder which is on file in the City Clerk's office. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:30 p.m.to Tuesday,January 23,2007, in the Council Chamber,990 Palm Street, San Luis Obispo. Julie O'Connor Deputy City Clerk APPROVED BY COUNCIL: 1/23/07 �� RED FILE ME ING AGENDA DAT I �ITEM # �l council memomnaum Icity of San Lois Obispo RECEIVED January 22, 2007 JAN 2 `? 70`7 TO: Mayor Romero & Members of the City Council SLO CITY CLERK FROM: Audrey Hooper, City Clerk(' VIA: Ken Hampian, CAO SUBJECT: Revision to January 9, 2007, Council Meeting Minutes Mayor Romero has requested that the following revisions be made to the January 9, 2007, minutes. These revisions are for PH 1, Unreinforced Masonry Hazard Mitigation Program. Page 2 John Fowler, also a member of the Task Force, discussed the uniqueness of the Mission and School, which requires that the retrofitting project comply not only with the City's Building Code-,4Y+t and the Historic Building Code, but work must be done when school is not in session-as-weli. He said if fundraising efforts are successful, retrofitting of these projects will be done prior to the 2010 deadline. He asked, however, that Council not establish an earlier deadline that could force the closure of these buildings. Page 3 The following bullets are redundant. It is recommended that the first one be deleted. That buildings with partial work be reconsidered for Level A compliance under the "exception" in the Ordinance. The misspelling of a speaker's name and other grammatical corrections that have not been specified in this memo will also be made. If Council concurs, the motion should reflect this revision. COUNCIL WCDD DIR L I CAO FIN DIR ACAO FIRE CHIEF 2f ATTORNEY PW DIR 4'CLERK/ORIG POLICE CHF G:\301-04 Minutes\Correction to Minutes 01-09-07.doc ❑ DEPT HEADS REC DIR fli�7 F- UTIL DIR —� HR DIR P rbc) �IiIIIIIIIII�������jIllllallll�� council mEmoRAnaum i of San is Obispo January 17, 2007 RECEIVED I JAN 17 2 ? TO: Mayor Romero & Members of the City Council SLO CITY CLERK FROM: Audrey Hooper, City Clerk VIA: Ken Hampian, CAO W SUBJECT: January 9, 2007, City Council Meeting Minutes The attached minutes for the City Council meeting of January 9, 2007, were not available at the time the agenda packet was distributed. They are being presented for adoption under the Consent Agenda, C1. GA301-03 AGENDAS\Red File Correspondence\Red File 1-23-07 Late Delivery of 1-09-07 Minutes.doc 'COUNCIL CDD DIR `® CAO FIN DIR RED FILE 12 ACAO FIRE CHIEF - MEETING AGENDA W ATTOR RI PDIR �'CLERK/OR1G POLICE CHF DATE 1 ITEM #_CJ_ E3 DEPT HEADS IREC DIR LITIL DIR � T llR1 HR DIR SP Cau../ MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JANUARY 9,2007 -4:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown,Andrew Carter,Vice Mayor Christine Mulholland and Mayor Dave Romero were seated at Roll Call. Council Member Andrew Settle was seated at 4:07p.m. City Staff: Present: Ken Hampian,City Administrative Officer; Jonathan Lowell,City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck,Assistant City Administrative Officer; John Mandeville, Community Development Director; John Moss, Utilities Director; Jay Walter, Public Works Director; Brigitte Elke, Principal Administrative Analyst; Claire Clark, Economic Development Manager;Jaime Hill,Associate Planner; Tim Girvin, Chief Building Official; Deputy City Clerk Elaina Cano INTRODUCTION OF NEW EMPLOYEES Utilities Director Moss introduced the following new employees in the Utilities Department: Michael Tate,Water Distribution System Operator;Charles Corrow,Water Customer Service Personnel; Jeromy Caldera,Water Customer Service Personnel;Jeff Montijo,Water Treatment Plant Operator; Ervin Poteat,Water Treatment Plant Operator;John Aldrich, Water Reclamation Plant Operator; and Matthew Cyester,Wastewater Collection System Operator. Community Development Director Mandeville introduced the following new employees in the Community Development Department: Marylou Pritchard,Administrative Assistant; Donre Wright,Administrative Assistant; and Peter Brown, Housing Programs Manager. PUBLIC HEARINGS 1. JANUARY 2007 STATUS REPORT: UNREINFORCED MASONRY(URM) HAZARD MITIGATION PROGRAM. Assistant City Administrative Officer Stanwvck introduced Economic Development Manager Clark,who presented the staff report. Chief Building Official Girvin was present to respond to questions. Economic Development Manager Clark provided a recap of the City's program, including the 2004 Ordinance update as a result of the 2003 San Simeon Earthquake. She provided Council with a status of compliance to date and explained why additional deadlines are necessary to promote orderly construction on the 69 buildings needing to be retrofit between now and 71112010. She reviewed the Chamber's Seismic Task Force Hazard Rating System,as well as the options contained in the staff report. She explained why staff is Flo . 1 City Council Meeting - Page 2 Tuesday,January 9,2007-4:00 p.m. recommending Option 1 and discussed the steps that will follow this meeting. She and City Attorney Lowell then responded to Council's questions. Mayor Romero opened the public hearing. Bill Thoma,current Chair of the Chamber of Commerce's Seismic Task Force,discussed the history and efforts of the Task Force, as well as the method used for developing the Hazard Rating Scores submitted by the Chamber for buildings subject to the July 1,2007 deadline. He clarified, however,that the Chamber is not necessarily recommending that Council implement the Chamber's rating method. He asked that Council take into consideration individual owner's and tenant's concerns. He responded to questions raised by Mayor Romero regarding the rating system. Patricia Wilmore, representing Chamber of Commerce and staff member assigned to the Task Force,acknowledged other members of the Task Force who were present. She reiterated Mr.Thoma's comment that the Chamber was asked to develop a method for completing the retrofitting, but that the Chamber is not recommending how its rating method be implemented. Rob Rossi, San Luis Obispo, discussed the status of the Warden, Laird and Sperry buildings. He said the Laird and Sperry buildings will be off the list of unfinished buildings by the deadline,and his other six buildings will likely be completed as well suggesting that building owners are capable of meeting the deadline of 2010. John Fowler,also a member of the Task Force, discussed the uniqueness of the Mission and School,which requires that the retrofitting project comply not only with the City's Building Code, but the Historic Building Code as well. He said if fundraising efforts are successful, retrofitting of these projects will be done prior to the 2010 deadline. He asked, however,that Council not establish an earlier deadline that could force the closure of these buildings. Mark Anderson,San Luis Obispo, said one of his buildings has been fully retrofitted. He discussed the remodeling that has been done on his other building at 778 Marsh Street. He said that,as pant of the remodel, components were installed that comply with URM requirements (Level B work). He asked Council to consider this work in compliance per the exception contained in the URM ordinance and to either remove this building from the list, as well as others buildings on which a majority of the work has been done, or change the ratings. Larry Kowalski,owner of Ma's BBQ, explained that he will be moving his business in 60 days,when the landlord wants to begin the retrofit. He asked Council to clarify for other business owners and tenants the deadlines,and to take into consideration,when making its decisions, business owners as well as building owners. Alex Benson,San Luis Obispo, explained why he preferred a market-based approach and expressed concern about changing deadlines, particularly because of the adverse impact new deadlines or a new system may have on tenants and their leases. Hearing no further public comments, Mayor Romero closed the public hearing. Discussion ensued regarding the pros and cons of each option and the feasibility of a hybrid that would ensure completion of the retrofitting by the 2010 deadline. It was suggested that such a hybrid should take into consideration a number of concerns, including: ®R F� City Council Meeting Page 3 Tuesday,January 9,2007 -4:00 p.m. The needs of redevelopment project timelines. Consideration for those building owners who have plans for retrofit and how to formalize these plans into deadlines. Whether the buildings with partial strengthening can qualify for Level A alternative. The need for potential purchasers to have adequate notice of the retrofit deadlines. That tenants need the deadlines to be able to make plans because they may lose their spaces. That rating scores may be feasible for property owners who are not moving forward expeditiously, but not for those who are; and that there is a need to take into consideration that each property is different,that the work done varies, and that a flat rating system doesn't seem able to address the various issues raised. That buildings with partial work be reconsidered for Level A compliance under the "exception" in the Ordinance. That it must be determined how flexible the ordinance is related to retrofitting technologies(i.e.,whether other retrofitting technologies are acceptable). In addition to the above concerns, it was suggested that a hybrid option should include flexibility for property owners to be able to exchange deadlines,for nonprofits with unique issues,for properties in active redevelopment During the discussion,City Attorney Lowell indicated that staff can develop a seismic safety agreement whereby property owners would agree to complete improvements within a specific period of time. In addition, property owners could also be required to submit a bond to ensure that the work is done. Chief Building Official Girvin said that he has reviewed information submitted by Vice Mayor Mulholland regarding the use of reinforced fiber panels. He clarified that the panels would not be prohibited under the City's ordinance, but alternate designs would have to be submitted by property owners and approved by staff. He indicated that there may also be a means of looking at other exceptions, but the property owners would have to submit plans for that purpose. Council Member Brown discussed the importance of consistency in applying the URM ordinance. He questioned the feasibility of a hybrid option and expressed concern on behalf of those property owners who have already developed a plan. Discussion continued regarding the differences between the options,the pros and cons of requiring that 23 retrofits occur in each of the next three years, how prospective buyers would be informed of URM requirements on properties that have not been retrofitted,and possible wording for a motion. Council Member Brown explained why he disagreed with the need to have 23 retrofits occuring per year,why he believes that potential buyers will have done the research and will be informed of the need to retrofit,and why he disagreed with the suggestion that there be a voluntary exchange of deadlines. ACTION: Moved by Carter/Settle to support the Seismic Task Force's Hazard Rating System (Option 1)and direct staff to return with implementation recommendations in Spring 2007, including flexibility for nonprofit property owners, buildings that are part of current redevelopment applications and buildings where strengthening plans can be documented and guaranteed. The motion also included direction to staff to evaluate a method for assessing URM status as a disclosure upon building sale; motion carried 4:1 (Brown opposed). ® bra ._ City Council Meeting Page 4 Tuesday,January 9,2007 -4:00 p.m. Council recessed at 5:50 p.m. and the meeting reconvened at 7 p.m. with all members present. _ APPOINTMENTS Al. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS MEMBER. Downtown Association Administrator Cash made the staff presentation. ACTION: Moved by Mulholland/Settle to appoint Bob Seeley to the SLO Downtown Association Board of Directors for a term expiring March 31, 2007; motion carried 5:0. A2. RECOMMENDATION FOR APPOINTMENT TO THE SLO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT'S ZONE 9 ADVISORY COMMITTEE. Mavor Romero made the staff presentation. ACTION: Moved by Romer_ o_arter to recommend to the County Board of Supervisors the appointment of Dominic Perello, Member at Large,and Mark Angelo,Alternate,to SLO County's Flood Control and Water Conservation District's Zone 9 Advisory Committee; motion carried 5:0. PUBLIC COMMENT Sifu Kelvin-Harrison,San Luis Obispo,reported on his concerns regarding personal harassment. John Altman,San Luis Obispo,referred to information he distributed regarding the Bill Roalman Bicycle Boulevard(on file in the City Clerk's office). He expressed concern that the boulevard has not yet been completed. Public Works Director Walter discussed the work that will commence on January 22nd . Rick Russell,San Luis Obispo,expressed concern regarding the high cost and complexity of maintenance of the privately owned sewer laterals and felt the portion of these lines underlying the City street should be maintained by the City. He was particularly concerned about the rising costs to homeowners,especially permitting and plumbing costs. Utilities Director Moss explained that the City previously had a rebate program to assist with the cost but that it was eliminated two years ago due to rising costs and other infrastructure priorities. However,there will be a renewed discussion regarding the sewer lateral fees and a possible rebate program during the upcoming budget process. CONSENT AGENDA Mayor Romero noted that item C5 has been deleted from the agenda as indicated below. Council Member Brown and Mayor Romero referenced item C7 and acknowledged the process undertaken to develop the Statement of Hopes. D �a City Council Meeting Page 5 Tuesday,January 9,2007 -4:00 p.m. Vice Mayor Mulholland commented on the history and costs of item C6,Swim Center Therapy Pool. Council Member Settle endorsed the comments on items C6 and C7. ACTION: Moved by Settle/Mulholland to approve the Consent Agenda,with the deletion of item C5,as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF DECEMBER 1, 5,AND 12.2006. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE THE CITY'S ZONING REGULATIONS,AND ENVIRONMENTAL REVIEW(R/TA. ER 226-05). ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1500 (2007 Series) amending the City's Zoning Regulations,thereby revising multiple sections of Chapter 17 of the Municipal Code, based on findings; motion carried 5:0. C3. FINAL ADOPTION OF ORDINANCE NO 1501 (2007 SERIES) MODIFYING SECTIONS 16.20.020 AND 13.04.100 OF THE MUNICIPAL CODE. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1501 (2007 Series)• motion carried 5:0. C4. APPOINTMENT OF CITY REPRESENTATIVE TO THE SAN LUIS OBISPO HOUSING TRUST FUND(HTF) COMMISSION. ACTION: Moved by Settle/Mulholland to appoint the Housing Programs Manager as the City representative to the Housing Trust Fund (HTF) Commission; motion carried 5:0. C5. RESTATEMENT OF THE INTENTION TO CONSIDER ABANDONMENT OF PORTIONS OF HUMBERT AVENUE AND FREDERICK STREET(ABAN 27-06). This item was postponed indefinitely due to some uncertainty regarding the status of the Housing Authority's project. It will be returned to Council when project applicants are ready to proceed (per red file memo on file in the City Clerk's office).. C6. SWIM CENTER THERAPY POOL SPECIFICATION NO. 90093B. ACTION: Moved by Settle/Mulholland to 1. Award a contract to and authorize the Mayor to execute a contract with Sansone Construction, Inc. of San Luis Obispo in the amount of$590,000 for: "Sinsheimer Swim Center Children's/Therapy Pool Project Specification No.900938." 2.Appropriate $319,000 from the unappropriated balance of the Parkland Development Fund to the project account; motion carried 5:0. C7. STATEMENT OF COMMUNITY HOPES. ' r 7 City Council Meeting - Page 6 Tuesday,January 9,2007-4:00 p.m. ACTION: Moved by Settle/Mulholland to endorse the Student Community Liaison Committee's"Statement of Hopes for the Community;"motion carried 5:0. C8. .2006/08 OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM EXPENDITURE PLAN. ACTION: Moved by Settle/Mulholland to approve an expenditure plan for the Office of Traffic Safety, Selective Traffic Enforcement Program Grant, in the amount of$54,453; motion carried 5:0. C9. 2007 OFFICE OF TRAFFIC SAFETY GRANT APPLICATION SUBMITTAL. ACTION: Moved by Settle/Mulholland to approve the submission of a grant application to the Office of Traffic Safety for a Mini-Grant in the amount of $10,496.76; motion carried 5:0. C10. 2007-09 APPLICATION FOR OFFICE OF TRAFFIC SAFETY GRANT FOR OFFICER AND EQUIPMENT. ACTION: Moved by Settle/Mulholland to authorize the Chief of Police to apply to the California Office of Traffic Safety(OTS)for a grant in the amount of$292,293 to provide significant funding toward one traffic officer position and related equipment fora two year period,beginning October 1,2007; motion carried 5:0. C11. CONTRACT AMENDMENT FOR DISPATCH CENTER DESIGN. ACTION: Moved by Settle/Mulholland to approve a contract amendment with RRM Design Group in the amount of$36,900 for additional design work on the dispatch center upgrade project; motion carried 5:0. PUBLIC HEARINGS 2. FORMATION OF A COUNTYWIDE TOURISM BUSINESS IMPROVEMENT DISTRICT BID . Assistant City Administrative Officer Stanwvck introduced this item. She said that although a suggestion has been received to continue this item,staff recommends that Council receive the report and hear public testimony. Principal Administrative Analyst Elke introduced Cate Norton, Chairperson of the Promotional Coordinating Committee,following which she proceeded to present the staff report. Her presentation included a discussion of how the matter of the formation of a tourism BID arose,why it could be potentially important to the tourism industry,what it could potentially achieve,the mechanics of forming a BID,what it would mean to the City, the status of the process to date,the opinions of the lodging industry,and the involvement and recommendation of the Promotional Coordination Committee (PCC). She said staff concurred with the recommendation of the PCC to adopt a resolution allowing the lodging industry to determine whether or not to form a countywide tourism BID. D [r a City Council Meeting Page 7 Tuesday,January 9, 2007 -4:00 p.m. Jonni Biaggini, Executive Director of the County's Visitors and Conference Bureau (VCB), discussed the need to increase the demand for tourism,activities of the VCB to promote tourism,the lodging industry's desire to take the lead in assisting its businesses,and the market-driven urgency to establish the BID. She suggested that the City needs to take a leadership role in establishing the BID and asked the Council to consent to let the members of the lodging industry vote on this matter. She,and staff, responded to Council's questions. Mavor Romero opened the public hearing. Jesse Norris,San Luis Obispo,Sands Suite,asked Council to oppose the recommendation or postpone action indefinitely so that there is more time to evaluate the proposal. He expressed concern about potential impacts if Pismo Beach and Paso Robles do not participate,about the benefits to non-participating industries(filling stations,wineries,etc.),about losing control of the funding to a county organization,and about the unfair advantage that a tourism BID would create for new business owners. Greg Padgett,Pismo Beach,past President of the County VCB,spoke on behalf of the proposed BID. He acknowledged the positive impacts of the efforts of the VCB and the PCC in promoting toursim,but asked that Council let the loging industry make the decision as to whether to particpate in the BID. Myraline Morris-Whitaker,current President of the County VCB,commented on the importance of allowing hoteliers to make the decision about forming the BID. John Connor,co-owner of Petit Soleit,opposed the BID. He expressed concern about a BID tax being collected in the City but handled by another agency. He suggested that decisions on spending that tax might not necessarily be to the City's benefit Tim Billing,resident of Arroyo Grande but employed in San.Luis Obispo,asked Council to allow hoteliers to voice their positions on the BID. Patricia Wilmore,representing the Chamber of Commerce,referred to a letter(on file in City Clerk's office) in which the Chamber asks Council to postpone its decision for at least two weeks to enable its members in the loding industry to obtain additional information. She said that while the Chamber is neutral on this matter,it has attempted to provide its members with information and to obtain answers to questions. She said that although a policy statement was received from the VCB in late December,many Chamber members had not yet had an opportunity to review it and there is still a need for more information. Robert Mueller,San Luis Obispo,concurred with Ms.Wilmore and asked Council to postpone action on this matter until the concerns of hoteliers have been defined and they've had an opportunity to discuss pros and cons,how the BID will be controlled,and how it will impact the City. Pragna Patel,San Luis Obispo,expressed the following concerns: 1)To prevent the problem of hoteliers with a smaller TOT having fewer votes than those with a larger TOT,there should be one vote per hotel. 2) Her hotel is an economy hotel and was not considered a major player and so was not consulted in this matter. 3) Council's decision should not be based on a draft document. 4)The VCB is the contractor for this BID,but the contract/services should be open to other marketers as well. She also expressed concerns that the contract is with the VCB and not open to other marketers. 5)The City of San Luis Obispo should not be the"key player"in this matter,but other cities should take the lead. 11 ra r� Al a City Council Meeting Page 8 Tuesday,January 9,2007 -4:00 p.m. Patty Oxford.San Luis Creek Lodge, urged Council not to postpone action on this matter and spoke in support of the BID. She discussed her involvement on the Board of Pismo Beach's Convention&Visitors Bureau,explained why she is not concerned if Pismo Beach is not initially interested in participating,and urged Council to act on the recommendation and let the hoteliers make the decision as to whether to proceed. Tenn Westrope,San Luis Obispo,concurred with Ms.Oxford,discussed the State's past and current funding of tourism,and said that the BID would enable the City to market conferences which will fill rooms midweek and benefit other businesses as well. Brandon Shearer, Best Western Royal Oak,also spoke in support of the recommendation. In addition to reiterating some of the earlier comments,he noted that additional job opportunities will be provided with the hotel rooms being added that will need to be maintained. Tem Reanv,representing La Cuesta Inn on Monterey Street,concurred that there are issues remaining,but noted the market share that is being lost and the need to let the lodging industry pursue this matter. Mayor Romero closed the public hearing. Kate Norton,PCC Chairperson,said the PCC voted unanimously to recommend Council's consent. She said the PCC strongly felt that it wanted to leave the decision to participate in a tourism BID up to the lodging industry. Council discussion ensued,during which the following issues or concerns were raised: 1. There needs to be more time for Chamber of Commerce members to review the draft policy document provided by the VCB. 2. Action should not be taken on a draft ordinance. 3. The Board of Supervisors would be the advisory body with reviewing authority to determine the BIDS continued existence,while it is unclear what the City's role would be. 4. It is unclear what representation San Luis Obispo would have on the BID. 5. The status of Paso Robles and Pismo Beach,and whether these cities will participate, is unclear. 6. There needs to be clarification as to why the City is losing its market share despite the money that itis spending on promotion every year and clarification is needed as to how a BID can resolve this issue. 7. There needs to be information on the percent of advertising money that will be spent specifically on the City of San Luis Obispo. 7. There needs to be more information about whether the City will have full cost- recovery for its part in administering the BID,as well as what percent of the assessment will go to overhead and what amount will actually be spent toward advertising our city. Council Member Brown acknowledged the concerns,but said that his reason for not supporting the staffs recommendation tonight differs. He clarified that he has consistently said in order for him to vote in favor of the recommendation,66%(or 213)of the property owners(as opposed to those hoteliers with 66%of the beds)would have to state their support of the BID. This means that three more property owners must respond,two of which must support the BID. City Council Meeting Page 9 Tuesday,January 9,2007-4:00 p.m. Discussion ensued as to whether Council would support allowing the hoteliers to vote on the BID whether or not Paso Robles and/or Pismo Beach participate,as well as what type of participation San Luis Obispo should have on the BID. ACTION: Moved by Carter/Settle to: 1) Postpone action on this item and direct staff to attempt to provide additional information regarding: a)the current loss of market share and how the expenditures by countywide organization may be more effective than what the City is currently expending; b) how the City will be represented in Board decisions,c)who will have the option to review the BID or whether the Board of Supervisors will be the only agency to do so; d)whether there will be full cost recovery by the City for its involvement in the administration of the BID; and e)what percent of the funding will be expended on overhead vs. advertising San Luis Obispo. 2) Directed staff to work with the Chamber of Commerce on obtaining answers to its and its constituents questions once they have been articulated. 3)Attempt to determine whether the cities of Paso Robles and Pismo Beach will be participating in the BID, but to bring this back to Council regardless, preferably in March but in April at the latest(5:0). It was clarified that staff will attempt to respond to Council's questions. However, questions raised by the Chamber of Commerce and its constituents will need to be articulated. In addition, some of those questions will require a response from Ms. Biaggini. Council recessed at 9:16 p.m.and the meeting reconvened at 9:25 p.m.with all members present. 3. APPEAL OF ARCHITECTURAL REVIEW COMMISSION'S ACTION TO REQUIRE THAT THREE WINDOWS ALONG MORRO STREET REMAIN CLEAR AS PART OF A FACADE REMODEL AT 899 HIGUERA ST (ARC 79-M., Associate Planner Hill presented the staff report. She discussed the applicant's request to modify the space,the Architectural Review's Commission to require that three of thesix windows along Morro Stree remain clear; and Copeland's-appeal of this decision and deisre to obscure all of the windows on Morro Street. She responded to questions. Mark Rawson,appellant,discussed the amount of street frontage in the downtown center, including the linear feet of windows that exist(excluding those subject to the appeal). He explained how his project provides 100%visual window display or view into his building. He discussed the innovative aspects of the project's design, particularly the pedestrian walkway through the project,and the City's design criteria. He explained how, in light of that criteria and the project design, he thought findings can be made to support the appeal. In response to Council Member Brown,he noted the narrowness of the space and discussed the need for wall space by the retailers. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the public hearing. Council Member Settle concurred with the applicant that the design for the corner is a considerable improvement and that the case can be made that the percentage of square feet set aside for window space would justify upholding the appeal. Vice Mayor Mulholland expressed concerned with the increased number of"dead walls" in the City on public street fronts. She suggested ways to reconfigure the project to open it up and increase its pedestrian friendless and activity on Morro Street. She said she would oppose the motion. City Council Meeting Page 10 Tuesday,January 9,2007 -4:00 p.m. Council Member Brown discussed the uniqueness of the proposal and why he thought it would improve the lighting and make it a more walkable area. He explained why he questioned the feasibility of reconfiguring the project with a storefront on Morro Street. Council Member Carter concurred with Vice Mayor Mulholland. He said that the Downtown Center involves three different shopping experiences,that the proposal will create a dead space,and the design will not create a visual appeal. He was also concerned with the precedent this would establish by creating dead zones. Mayor Romero explained that he would support the motion because he did not think the design would create a dead space and that the desires and need of the business community should be prevalent in this case. ACTION: Moved by Brown/Settle to adopt Resolution No.9861 (2007 Series) upholding the appeal and approving the enclosure or obscuring of all the windows along Morro Street; motion carried 3:2(Mulholland/Carter opposed). 4. ADOPTION OF A POST-DISASTER SAFETY ASSESSMENT PLACARD ORDINANCE. Chief Building Official Girvin presented the staff report,explaining the purpose of the proposal that would enable the City to legally restrict occupancy of buildings damaged by an earthquake and displayed an example of the placard. He responded to questions by Vice Mayor Mulholland. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Brown to introduce Ordinance No. 150242007 Series to create official placards that enables the Chief Building Official to legally restrict occupancy of damaged buildings after a disaster occurs; motion carried 5:0. COUNCIL LIAISON.REPORTS Vice Mayor Mulholland reported on her attendance at the December a Water Resources Advisory Committee meeting and the December 12"' Downtown Association Board of Directors meeting. Council Member Settle reported that he will be attending a meeting in Sacramento on Thursday,representing the Council on the Revenue Tax Committee. Council Member Carter reported on his attendance at the Downtown Association Planning Committee meeting today. Mayor Romero reported on his attendance at a recent SLOCOG meeting and the December 14 NNacimiento Project Commission meeting (report on file in the City Clerk's office). He also reported on his attendance,along with Vice Mayor Mulholland and Council Members Brown and Carter at the Cheng Park dedication,on the recent Mayor's meeting,and on a recent Whale Rock Commission meeting. - .�. COMMUNICATIONS Vice Mavor Mulholland referred to a letter Council received from the Mayor of Santa Clarita asking Council to adopt a resolution to"take back local control,'and to send a message to J City Council Meeting _ Page 11 Tuesday,January 9,2007-4:00 p.m. federal bureaucrats and multinational organizations that circumventing local government is not acceptable in California. Santa Clarita's particular concern relates to the threat of a large mining operation. Council directed staff to place this resolution on the next agenda. Mayor Romero reported on his attendance at a January 3`d Dalidio Ranch meeting which is summarized in a memo on file in the City Clerk's office. A.brief discussion ensued,during which Vice Mayor Mulholland said,that she understands no more meetings have been scheduled on this matter. She stated for the record,however,that as she has indicated in the past,she thinks it is inappropriate for developers to choose a subcommittee of the Council to participate in these meetings. She also said that if there are to be future meetings,participation should come at full Council direction. CAO Hamaian noted that City and County staff will be holding a meeting on the Dalidio Ranch project in the near future and will provide Council with a report on that meeting. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:43 p.m.to the budget workshop on Wednesday,January 10,2007,at the Ludwick Community Center. Audrey Hooper City Clerk APPROVED BY COUNCIL: 01/23107