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Home My WebLink About02/06/2007, C1 - MINUTES MEETI � /=AGENDA. MINUTES DATE � ITEM # 4!11 . REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JANUARY 23,2007-7:00 P.M. COUNCIL CHAMBER,990 PALM 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; Audrey Hooper,City Clerk; Shelly Stanwyck,Assistant City Administrative Officer;John Mandeville,Community Development Director, Bill Statler, Finance Director; Doug Davidson, Deputy Community Development Director;Jaime Hill,Associate Planner PRESENTATIONS Mayor Romero presented a proclamation for the 30th Anniversary of the Sexual Assault Recovery and Prevention Center to Jennifer Adams, Executive Director. PUBLIC COMMENT No comments were forthcoming. CONSENT AGENDA Gary Fowler,San Luis Obispo,expressed concern regarding item 5,Temporary Employment of a Retiree, in part because of the precedent this action might establish. He suggested a decision should be deferred until after the budget is adopted. Council agreed to take no action on Item C7,Support for City of Santa Clanta,since,as indicated in a memo from the City Attorney(on file in the City Clerk's office),this matter is close to resolution. City Attorney Lowell responded to questions regarding item C4, Legislative Action Platform and Council concurred to delete the parenthetical phrase in item 5 under Community Development. Deputy Community Development Director Davidson responded to questions regarding item C6,Condominium Subdivision. Fire Chief Callahan responded to Mr. Fowler's concerns regarding item C6. ACTION: Moved by Brown/Mulholland to approve the Consent Agenda as indicated for each item. DRAFT City Council Meeting - Page 2 Tuesday,January 23,2007-7:00 p.m. C1. MINUTES OF JANUARY 9 AND 10,2006. ACTION: Moved by Brown/Mulholland to waive oral reading and approve as amended (see memo on file in City Clerk's office); motion carried 5:0. C2. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2294,A SEVEN LOT RESIDENTIAL SUBDIVISION ON THE SOUTH SIDE OF EL CAPITAN WAY LOCATED AT 915 EL CAPITAN WAY(KELLY GEARHART, SUBDIVIDER. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9862(2007 Series) accepting the public improvements,certifying completion of the required private improvements, and releasing the bonds for Tract 2294; motion carried 5:0. C3. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2330.A SIX LOT RESIDENTIAL SUBDIVISION ON THE SOUTH SIDE OF EL CAPITAN WAY LOCATED AT 856 AND 885 EL CAPITAN WAY(KELLY GEARHART,SUBDIVIDER). ACTION: Moved by Brown/Mulholland to adopt Resolution No.9863(2007 Series) accepting the public improvements, certifying completion of the required private improvements, and releasing the bonds for Tract 2330; motion carried 5:0. C4. 2007 LEGISLATIVE ACTION PLATFORM. ACTION: Moved by BrownlMulholland to: 1)Adopt Resolution No.9864(2007 Series)establishing a Legislative Action Platform for 2007,with the deletion of the parenthetical phrase in item 5 under Community Development. 2)Appoint the Mayor and City Attorney to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo; motion carred 5:0. C5. REQUEST TO ALLOW TEMPORARY EMPLOYMENT OF A_RETIREE BEYOND 960 HOURS IN A FISCAL YEAR. ACTION: Moved by Brown/Mulholland to adopt Resolution No.9865(2007 Series) requesting an extension of temporary employment beyond the retired CalPERS member annual 960-hour limitation for Fire Marshal James Tringham; motion carried 5:0. C6. FINAL MAP APPROVAL FOR TRACT 2726-A CONDOMINIUM SUBDIVISION WITH ONE RESIDENTIAL LOT(168 UNITS)AND TWO COMMERCIALLOTSLOCATED AT 1017 THROUGH 1045 SOUTHWOOD DRIVE (TR 217-05). ACTION: Moved by Brown/Mulholland to: 1)Adopt Resolution No.9866(2007 Seriesl approving the final map for Tract 2726, located at 1017 through 1045 Southwood Drive and modifying Condition 12 of the Tentative Tract Map. 2) Authorize the Mayor to execute the subdivision agreement on behalf of the City; motion carried 5:0. C7. SUPPORT FOR CITY OF SANTA CLARITA. ACTION: Because this matter is close to resolution,this item was pulled from the Agenda and no action was taken. R [ro C�-z City Council Meeting - Page 3 Tuesday,January 23,2007-7:00 p.m. PUBLIC HEARINGS 1. REQUEST TO REMOVE PROPERTY AT 460 BROAD STREET FROM THE LIST OF CONTRIBUTING HISTORIC RESOURCES (ARCMI/ER-H 228-05). Associate Planner Hill presented the staff report. Mayor Romero opened the public hearing. No comments were forthcoming and Mayor Romero closed the public hearing. A brief discussion followed on the amount and type of information contained in the agenda report. ACTION: Moved by Mulholland/Settle to adopt Resolution No..9867(2007 Series) which: 1) Removes the property at 460 Broad Street from the City's list of Contributing Historic Resources. 2)Affirms the Community Development Director's approval of a Mitigated Negative Declaration of Environmental Impacts. 3) Approves the reconstruction of 460 Broad Street consistent with its former historic character; motion carried 5:0. Council Member Carter recused himself from PH2 because his residence is located within 500 feet of the project He left the Council Chamber at this time. 2. TENTATIVE TRACT MAP TO CREATE SEVEN AIRSPACE RESIDENTIAL CONDOMINIUMS (1231 LAUREL LANE,TR 37-06). Community Development Director Mandeville introduced this item,following which Deputy Community Development Director Davidson presented the staff report. Mayor Romero opened the public hearing. Paul Nasav,applicant,spoke in support of the recommendation. Mayor Romero closed the public hearing. Vice Mayor Mulholland opposed the recommendation. She expressed concern that the project does not include attached units as normally required in an R4 zone and that an in- lieu payment is being provided instead of affordable housing on site. ACTION: Moved by Settle/Brown to adopt Resolution No. 9868(2007 Series)which; 1) Reaffirms Council's prior approval (July 6,2004)of a Mitigated Negative Declaration of environmental impact. 2)Approves the Tentative Tract Map to create seven airspace residential condominiums, based on findings and subject to conditions and code requirements; motion carried 3:1:1 (Mulholland opposed, Carter recused). Council Member Carter returned to the Council Chamber at this time. BUSINESS ITEMS 3. MULTI-DWELLING PROPERTY LIFE AND FIRE SAFETY INSPECTION PROGRAM. Fire Chief Callahan presented the staff report. i Ci-3 City Council Meeting _ Page 4 Tuesday,January 23,2007-7:00 p.m. CAO Hampian discussed his recent experience at a Best Western in Berkeley,where, because of serious fire hazards that had been found during an inspection,the guests were evacuated. He then explained that Council must determine whether there are strong public safety benefits in continuing to Implement the State-mandated inspection program in its current manner as well as how it should be funded. Fire Chief Callahan displayed photographs of some of the common violations found during the inspection,and reviewed other components of the program such as educational efforts and current cost recovery,as well as possible alternatives for cost recovery. He also responded to Council's questions. Public Comments Gary Fowler.San Luis Obispo,spoke in opposition to the program and suggested that insurance companies do a more complete inspection than the Fire Department is able to do. Leslie Halls,resident and President of SLO Property Owners Association,said that the program should be revisited on an annual basis. She thought that eventually there would be fewer violations and when that occurs,the program costs should be reduced if not completely discontinued. She suggested that everyone benefits from this program and it should be subsidized by all. Steve Barasch,Past President and current officer of SLO Property Owners Association,said the main issue with the program is that there is a lack of inspectors who can go inside a unit to conduct an inspection. He suggested that fees should be reduced and there should be self- reporting. Steve Delmartini,San Luis Obispo,expressed concern related to charging owner occupants of condominiums that receive only a visual outside inspection,as well as apartment complexes that have 16 or more units and have an on-site manager. He spoke in support of a a 50%cost recovery program,although that won't benefit owner-occupied condominiums. —end of public comments--- Discussion ensued during which Council acknowledged the importance of the program, considered the need to revisit how fees are set,and reviewed various funding and incentive/disincentive options. Council Member Brown stated for the record that he didn't think a 50-50 cost recovery is adequate and that he will be urging Council to reconsider this issue on a yearly basis. ACTION: Moved by Romero/Settle to direct staff to return to Council with a proposal for a program that would include: 1) parameters for a 50-50 cost recovery fee program;.2) some type of reinspection fee or penalty program, or other incentives/disincentives; 3)additional information regarding how the rate structure for apartments vs. institutions was split(such as hotels and sororities/fraternities)and possible options to modify the current structure; motion carried 5:0. COUNCIL.LIAISON REPORTS Vice Mayor Mulholland reported on her attendance at the January 10"' Water Resources Advisory Committee meeting,the January 11'h Mayor's Quarterly Meeting with Advisory Body ®R � c/-� City Council Meeting Page 5 Tuesday,January 23,2007 -7:00 p.m. Chairpersons, and an orientation on January 18th with the Air Pollution Control District. She said she will attend the Air Pollution Control District meeting tomorrow morning. COMMUNICATIONS Vice Mayor Mulholland explained that she thinks it is important to defer the February 6th discussion on downtown building. Specifically, she asked Council to delay action on this matter and to direct staff to prepare a utility bill questionnaire or survey for the purpose of receiving additional comments before Council considers this matter. Discussion ensued but there was not consensus to pursue this direction. There being no further business to come before the City Council,Mayor Romero adjourned the meeting at 9:15 p.m.to the Goal-Setting Workshop on Saturday,January 27',in the Library Community Room. Audrey Hooper City Clerk APPROVED BY COUNCIL: 02106/07