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Home My WebLink About10/16/2007, C1 - MINUTES ETIf GAGENDA C DA T E 01ITE:M MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,SEPTEMBER 18,2007-7:00 PA. 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 Absent 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, Monica Irons,Human Resources Director, Deborah Linden,Police Chief;Jay Walter,Public Works Director, Doug Davidson,Deputy Director Community Development- Development Review PRESENTATIONS Vice Mayor Mulholland.CAO Hampian and Human Resources Director Irons presented Service Awards to City employees. Adam Fukushima,Executive Director of the San Luis Obispo County Bicycle Coalition, presented three public service announcements that have been developed as part of the Share-the-Road Campaign. He discussed where these commercials will be broadcast and said they will also be gifted to the City to be shown on Channel 20. SAN LUIS OBISPO CITY LODGING BUSINESS IMPROVEMENT DISTRICT. John.Conner, representing local hoteliers,presented a proposal for a City of San Luis Obispo Lodging Business Improvement District("SLOBID'). His presentation included a fist of the local hoteliers who support the proposal and explained why a City BID would be more feasible than a countywide BID. Council directed staff to place the matter of a SLOSID on a future agenda. Vice Mayor Mulholland announced vacancies on the following City advisory bodies: Construction Board of Appeals,Joan Use of Recreational Facilities Committee and the Tree Committee. Members of the public should contact the City Cleric's office at 781-7100 if they are interested in serving on one of these committees. PUBLIC COMMENT Dianna Christya/otaw.representing the Pacifica Hotel Company,owners and operators of the Holiday Inn Express as well as other hotels in the county,spoke in support of a countywide BID and opposed the proposed SLOBID. rDRAF012 City Council Meeting Page 2 Tuesday,September 18,2007 John Altman.San Luis Obispo,expressed concern that auto traffic has found a way to avoid slower traffic on Osos Street by taking Mono Stred(the Bill Roalman Bicycle Boulevard) and turning left onto Church Street He suggested that speed bumps or other traffic calming devices be installed to discourage drivers from using the bicycle boulevard for this purpose. Vice Mayor Mulholland asked staff to investigate Mr.Allman's suggestion. I eslie and Ron Bearce,San Luis Obispo,expressed appreciation to Council fords prior dinetion to the producers and Board of Directors to enter into mediation to resolve SLO County Public Access issues. Situ Kelvrte-Flarrison.San Luis Obispo,did his continuing concerns regarding personal har�t. Terry Mclean.San Luis Obispo,spoke in opposition to secondary housing ung,expressed disappofrnI I in the number of houses being converted to condominiums and suggested that is why the City's fees are so high,and said he has started circulating a n related to the City's water rates. Dave Gant.President and CEO,Chamber of Commerce,spoke in support of decisions Council has made related to the Nacimiento Water Project. He expressed concern about the high cost of an election If a petition is successful and the adverse impact that will result If the project is not supported by the voters. Monique Grates exp Interest in serving on the Construction Board of Appeals. She also expressed appreciation for the direction Council gave SLO County Public Access (SLOCOPA)Board Me I P a and Producers refaced to mediation. She distributed copies of related articles. Gary Fowler.San tris Obispo,rroaed the need for bicyclists to conform with trafTo laws, suggested that signs("no parking,""bike lane")need to be replaced on California and Chorr%and noted Chad the Initiative opposing the Increased water rates and Nacunkwft Water Pr*ct is proceedmg. Praama Patel spoke in supportof a citywide BID. She pointed out that if a SLOBID is Implemented,R will not discourage cooperation with the nit of the county. CONSENT AGENDA Mayor Settle requested that iters C2 be pulled for discussion. Vice Mayor Mulholland said that she will be voting no on Revers C2 and C5 for reasons that have been expressed previously. She referred to iters CS and expressed appreciation to staff and the Fleet Capital bruprovement Project Committee ttee for considering dean emission vehicle opportunities for the City. ACTION: Moved by CarterBrown to approve the Consent Agenda as recommended by the City Administrative Officer,with the exception of Rem C2,which was pulled from the Co go 'Agenda and considered Fater,motion carried as indicated below. C1. MINUTES OF TUESDAY,SEPTEMBER 4.2007. ACTION: Moved by CarterBraurm to waive oral reading and approve as presented; motion carried 4:0(Romero absent). Iters C2 was heard following the other Consent Agenda Items. RDRT ell -a City Council Meeting - — Page 3 Tuesday,September 18,2007 C2 ORDINANCE NO.1509(2007 SERIES).AMENDING THE ZONING REGULATIONS TO IMPLEMENT INCREASED BUILDING HEIGHT AND INTENSITY LIMITS IN THE DOWNTOWN COMMERCIAL ZONE,(TA 50-06). The following speakers objected to the proposed ordinance and asked Council to either reconsider their positions or delay action on it: David Brodie.San Luis Obispo,Professor Emeritus Eroabeth Abrar.San Luis Obispo Bob Lucas.San Luis Obispo Terry Mohan,San Luis Obispo Gary Fowler.San Luis Obispo Sharon Dobson.San Luis Obispo Pete Evans.San Luis Obispo Boz Schraue,San Luis Obispo Joseph Abrahams.San Luis Obispo Susan Hofhnan.San Luis Obispo Some of the comments regarding the proposed ordinance included that: it will have an adverse impact on small businesses,it will eliminate the source of reflective light the sky currently provides,it w91 result in a loss of historic buildings,it will fail to result in more affordable homing,and it will create panting and loading zone issues.. It was also suggested that story poles should be used to depict the proposed changes in the downtown. The comment was Trade that the proposed action makes a mockery of the democratic process. Add'dmnally,Mr.Lucas suggested that Council Member Brown las a conflict of interest because of his downtown business. City Attorney Lowell addressed the natter of a conflict of interest raised by Mr.Lucas. He explained that tonight's vote is the final adoption of an ordinance amending the building height provisions in the City's existing zoning regulations. The current zoning regulations allow building heights up to 75 feet in the downtown commercial zone for landmark buildings;yet,the term`landmark buildings"is left to the discretion and interpretation of the City Council. The proposed regulations provide specificity as to under what particular circumstances projects nay be permitted to build to that same 75-400t rout City Attorney Lowell further explained that Council Member Brown owns a business located in the downtown commercial zone. However,his business is located in commercial space that he leases. While I was ultimately Council Member Brown's decision whether or not to participate in the vote,City Attorney Lowell advised him that it appears he may participate in this decision. City Attorney Lowell cited references from FPPC Regulations Sections 18706,187042,187052 and 18705.1,and provided a detailed summary of them and of how they apply to this decision and Council Member Brown's financial Interests. The regulations presume that an amendment of an existing zoning ordinance will not have a material financial effect on a public official's leasehold Interest that is not directly involved in a governmental decision. City Attorney Lowefl reviewed other factors to be taken into consideration. He stated that the building in which Council Member Brown's business is located was rebuilt in the last 10-15 years and is not a likely candidate for increasing in height in the immediate or near term future. In addition,the modifications are to an existing zoning ordinance and will affect Council Member Brown's yrs in the downtown in exactly the same way as they will him. As a result,it is too speculative to say that a change in the height 16nit standards will result In a matertai financial effect on Council Member Brown's financial interests. DRAFT City Council Meeting Page 4 Tuesday,September 18,2007 Council Member Settle stated that although he missed the prior meeting,he subsequently reviewed the Council meeting tapes,the agenda report and other documentation on this item He explained that he dal not favor the proposed ordinance since the current process allows for 75-foot buildings and provides an opportunity to define landmarks. He said he would have preferred a foam on landmark projects. However,he will support the action before Council at this meeting since it will proceed with a majority vote whether or not the decision is delayed. In response to Vice Mayor Mulholland,City Attorney Lowell explained brat a 2:2 vote is the same as no action,and the matter could be brought back at a future meeting for further action. Council Member Brown expressed concern regarding the action Council took at the last meeting to reduce the maximum floor area to 1,200 square feet He asked whether Council would be irrteremed in reconsidering that decision. Community Devetoament Director Mandeville explained why units in the range of 1,100 to 1,500 square feet would have minimal impact on the outcome of a project. There was not a consensus to reconsider the maximum floor area. Council Member Carter responded to comments made by the public. He clarified his concerns related to historic structures in the downtown and the cost to retrofit them, discussed his tour of the historic properties that are on the contributing fis14 and pointed out that the environmental impact review process will provide protection for historic Properties. He rebuffed negative comments about the democratic process at work in the City,particularly noting his involvement as a citizen prior to being elected to Council. Vice Mayor Mulholland said her prior position has not changed on this matter. She did not believe the proposed ordinance will result in affordable housing. Council Member Brown also rebutted comments made by the public regarding the democratic process and concurred with comments made by Council Member Carter. ACTION: Moved by BrowniCarter to adopt Ordinance No.1509(2007 Series). amending the Zoning Regulations to implement Increased building height and interisity limits in the Downtown Commercial zone;motion carried 3:1 (Mulholland opposed,Romero absent). C3. CULTURAL HERITAGE COMMITTEE RECOMMENDATION TO CHANGE THE HISTORIC NAME FOR 1204 NIPOMO STREET(CHC 114-071. ACTION: Moved by CarterBrown to adopt.Resolution No.9927(2007 Series) changing the historic name for 1204 Nipomo Street from the Logan House"to the "Parsons House";motion carried 4..0(Romero absent). C4. PURCHASE OF TRAFFIC ENFORCEMENT TECHNOLOGY EQUIPMENT AND SOFTWARE AND AUTHORIZE FUNDS FROM THE LAW ENFORCEMENT GRANT FUNDITRAFFIC IMPOUND ACCOUNT. ACTION: Moved by CarterBrown to Appropriate$35,000 from available fund balance In the Law Enforcenum Grant Fund/Traffic Impound Account to purchase citation printers and operating software for each police vehicle as part of a grant- funded electronic collision reporting and citatin project; motion carried 4:0 (Romero absent). F Cl - i City Council Meeting Page 5 Tuesday,September 18,2007 C5. FINAL MAP FOR TRACT 2707.953 ORCUTT ROAD ITR 1514M GPAIER 114-02). ACTION: Moved by CartedBrown to adopt Resolution No.9928(2007 Series) approving the Final Map for Tract 2707 located at 953 Orcutt Road and authorizing the Mayor to execute the subdivision agreement on behalf of the City;motion carried 3:1 (Mulholland opposed,Romero absent). C6. STREETSMIARTO STREET LIGHT MONITORS. ACTION: Moved by CartedBrown to: 1)Approve transfer of$39,959 from project 90642 to the completed projects account 2)Approve transfer of$39,959 from completed projects account to the Street Light Monitoring,Specification No.90795. 3)Authorize the sole source purchase of StreetSmart®equipment in the amount of $39,959 from General Electric through Consolidated Electrical Distributors. 4) Authorize continued sole source purchasing of future StreetSmart@ equipment from General Electric through a local distributor until such time as a compatible alternative is available;motion carried 4:0(Romero absent). C7. PARTICIPATION IN A JOINT TRANSIT VEHICLE WEB BASED PROCUREMENT PILOT PROJECT. ACTION: Moved by CartedBrown to: 1)Approve the City's participation in the Federal Transit Administration's Cooperative Procurement Pilot Program. 2) Authorize the Mayor to sign an agreement with Implicit Purchase Pooling Solutions,LP for consultant services associated with an internet based cooperative purchasing program. 3)Authorize the CAO to execute transit vehicle purchase orders for vehicles iderhtifl1 through the Cooperative Procurement Pilot Program if they are within the estimated purchase costs approved in the City's 2007-09 Financial Plan; motion carried 4:0(Romero absent). C8. INVITATION FOR BIDS-SEVEN COMPACT PICKUP TRUCKS,SPECIFICATION NO. 90794. ACTION: Moved by CartedBrown to: 1.Approve the Notice Inviting Bids for seven compact pickup tricks under Specification No.90794. 2.Authorize the City Administrative Officer to award a purchase order to the lowest responsible budder if the bid price does not exceed the amount budgeted by more than ten percent; motion carried 4:0(Romero absent). PUBLIC HEARINGS 1. EXPENDITURE PLAN FOR 2007-08 CALIFORNIA SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. Police Chief Linden presented the staff report. Vice Mayor Mul ho0and opened the public hearing. No comments were fortfhcoming. Vice Mayor Mulholland closed the public hearing. ACTION: Moved by SettlelBrown to adopt Resolution No.9929(2007 Series) approving an expenditure plan for$100,000 from the 2007-08 California Supplemental Law Enforcement Services Fund(SLESF)to continue funding the oA � Cr - S City Council Meeting Page 6 Tuesday,September 18,2007 salary and benefits for a Police Field Services Technician and a Communications Technician;motion carried 4:0(Romero absent). Council recessed from 8:50 to 9:00 p.m.and reconvened with the same members present 2. TENTATIVE TRACT MAP TO FINALIZE AN APPROVED CONDOMINIUM CONVERSION FOR 10 APARTMENT UNITS(1302 81314 PALM STREET,TR 11-07). Deputy Community Development Director Davidson presented the staff report He indicated Drat,and explained why,staff supports the request from the applicant to revise Condition 01, to read: Provisions for electric vehicles shall be included as part of the pumhase of five of the units...." Vice Mayor Mulholland opened the public hearing. Lou Sm Architect representing the applicant,said the number of units proposed has been reduced from fourteen to ten and the parking spaces have increased to five. She spoke in support of revising Condition#1 as stated above. Vice Mayor Mulholand closed the public hearing. Council Member Carter expressed concern the placement of the garages near the residence detract from its beauty. Vice Mayor Mulholland said that when this project first came forward she supported it because the lack of parking would be compensated by the provision of electric vehicles. She expressed concern that with the amendment to Condition 01 the project will have substandard housing. As a result,she said she would oppose the project. ACTION: Moved by SefHeBrown to adopt Resolution No-..9930(2007 Series). approving a tentative tract map to create ten airspace redential condominiums located at 1302 81314 Patin Street(TR 11.04 The motion included the following amendmerht to Condition ft Provision foreleetria vehicles shall be included as part ofthefive of the units...";motion carried 3:1 (Mulholland opposed,Romero absent). 3. TENTATIVE TRACT MAP NO.2897 TO CREATE AIRSPACE CONDOMINIUMS WITHIN THE APPROVED VILLAGE AT MAYMONT PROJECT 12238 BROAD STREET,TR 62-051. Deputy Community Develiniment Director Davidson prod the staff report and responded to questions raised by Vice Mayor Mulholland. Vice Mayor Mulholland opened the public hearing. Tum Walters.RRM Design Group,representing the applicant,was available to answer questions. None were forthcoming. Vice Mayor Mulholland dosed the public hearing. Council Member Settle noted that,although mitigations are in place,this project is in the proidmily of the railroad and may result in noise issues. ACTION:Moved by BrownfCarter to adopt Resolution No.9931 (2007 Series)which 1)Reaffirms Council's prior approval(July 18,2006)of a Mitigated Negative Declaration of environmentO impact. 2)Approves the Tentative Tract Map to Cl - l� City Council Meeting ` Page 7 Tuesday,September 18,2007 create 82 airspace residential condominium and 27 commercial condominium units within the previously approved "The Villages at Maymont Project"located on the east side of Broad Street, near the intersection of Broad and South Streets,based on findings and subject to conditions and code requirements;motion carried 4:0. BUSINESS ITEMS 4. APPEAL OF AWARD FOR LOS OSOS VALLEY ROAD REHABILITATION PROJECT SPECIFICATION NO.90546. Public Works Director Walter presented the staff report and responded to a question from Council Member Carter. Public Comments Brian Newsom.Estimator for Papich Construction,reviewed the reasons for the appeal as indicated in attachment 2 to the Agenda Report Jason Panich.President of Papich Construction,expanded on Mr.Newsom's comments particularly related to the Cdy's process for handling addendums. He explained why he thought the City should be obligated to award the bid to his firm as the lowest bidder. —end of public comments— In response to Council Member Brown,Public Words Director Waiter and Assistant CAO Starrvwck domed the City's use of the e-bid board system for posting plans and specifications for more than a year,as well as the hundreds of other agencies that have been cuing this automated system. Mr.Papich explained that his company is registered to nue the e-bid board system,but expressed concern that there was no urtication in the City's bid documents that a company must regi to receive its addendums. Council Members Carter.Brown and Settle,and Vice Mayor Mulholland acknowledged the qualifications of both bidders,but supported the staff recommendation. ACTION: Moved by Brown/Carter to uphold the CAO award to the R. Burke Corporation for the Los Osos Valley Road Rehabilitation Project,Specification No. 90546;motion carried 4:0(Romero absent). COUNCIL LIAISON REPORTS Vice Mayor Mulholland reported on the September le Integrated Waste Management Board meeting. COMMUNICATIONS Council Members Cartier and Settle discussed the League of California Cities Conference which they and other Council Members recently attended. There being no further business to come before the City Council,Vice Mayor Mulholland adjourned the meeting at 10:12 p.m. Audrey Hooper,City Clerk APPROVED BY COUNCIL: 10/16/07 DRAB 0 1 a( - r) �pplCCl'��li�'I�llitilll�l�� City Clerk Memorandum City of San Luis Obispo October 15, 2007 =IIECVLEDTO: Mayor Romero & Members of the City Council FROM: Audrey Hooper, City Cle"k VIA: Ken Hampian, CAO SUBJECT: 'Correction to September 18, 2007, Council Meeting Minutes The following errors in the September 18"' minutes were brought to our attention by Vice Mayor Mulholland: Page C1-6, PH 2: Vice Mayor Mulholland was referring to substandard parking, not housing, in the last paragraph before the action. Page C1-7, Council Liaison Reports: The word "Authority" should be added to the title of the Integrated Waste Management Authority Board. Council should include these corrections in its motion to approve the minutes. L ,;2 COUNCIL -CDD DIR CCAO i�-FIN DIR ACAO Z'FIRE CHIEF P'ATTORNEY P DIR RED FILE RCLERK/ORIG POLICE CHF MEETING AGENDA ❑ DEPT HEADS =REC DIR ;a UTIL DIR DATE lD �1-&&7 ITEM # L' / 6p HR DIR V L'ouv eo4"0 GA301-04 Minutes\Corcection to Minutes 09-18-07.doc