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HomeMy WebLinkAbout09/01/2009, C1 - MINUTES MEk. ,JG AGENDA DATE ITEM # C1 MINUTES MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 21, 2009 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Vice Mayor Allen K. Settle and Mayor Dave Romero were seated at roll call. Council Member Jan Marx was seated immediately thereafter. City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Elaina Cano, Interim 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 REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 PROPERTY APN 002-352-021 NEGOTIATING PARTIES: City of San Luis Obispo: Shelly Stanwyck, Jonathan P. Lowell Landowner: Daniel Zovich, Ynana Zovich NEGOTIATIONS: Possible acquisition of property 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 7:00 p.m. regular meeting. The Closed Session adjourned at 6:55 p.m. DRAFT 0-1 City Council Meeting Page 2 Tuesday, July 21, 2009 7:00 P.M. —REGULAR MEETING—COUNCIL CHAMBER Mayor Romero called the regular meeting to order at 7:00 p.m. All Council Members were present. CLOSED SESSION REPORT. City Attorney Lowell reported that Council met in Closed Session to discuss property negotiations as indicated above. PRESENTATION Mayor Romero presented a proclamation to Adam Fukushima acknowledging his work with the Bicycle Coalition. PUBLIC COMMENT Vicky Book, The Bead Store employee, expressed her concerns with the sign regulations for businesses within The Creamery. Jaime Rilev Akers, The Bead Store owner, agreed with the previous speaker's concerns regarding the limitations of signage for businesses within The Creamery. Council discussion ensued during which Community Development Director Mandeville responded to questions. Mr. Mandeville agreed to discuss with all of the interested business owners in The Creamery, sign options within the boundaries of the regulations. Paul Rys, San Luis Obispo, discuss his continuing concerns regarding the water and sewer billing at his business. Council reminded Mr. Rys' that his concerns would be addressed in the Water and Sewer Rate review in January 2010. CONSENT AGENDA Council pulled item C5 for discussion at the request of Council Member Jan Marc. ACTION: Moved by Settle/Carter Marx to approve the Consent Agenda as indicated below. C1. MINUTES OF TUESDAY, JUNE 16.2009. ACTION: Moved by Settle/Carter to waive oral reading and approve as presented; motion carried 5:0. DRAFT C1-2 City Council Meeting Page 3 Tuesday, July 21, 2009 C2. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE 2009. ACTION: Moved by Settle/Carter to designate Mayor Dave Romero as the voting delegate and Vice Mayor Allen Settle as the voting alternate to the League of California Cities Annual Conference; motion carried 5:0. C3. ORDINANCE REGULATING THE CLOSURE OR CONVERSION TO OTHER USES OF CITY MOBILE HOME PARKS. ACTION: Moved by Settle/Carter to adopt Ordinance No. 1533 (2009 Series); motion carried 4:0:1 (Marx abstained). C4. ORDINANCE NO. 1531 AMENDING ORDINANCE NO. 1517 TO INCREASE THE NUMBER OF ELECTED ADVISORY BOARD MEMBERS FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD FROM FIVE TO SEVEN MEMBERS. ACTION: Moved by Settle/Carter to adopt Ordinance No. 1531 (2009 Series); motion carried 5:0. Item C5 was pulled and considered following action on the other Consent Agenda items. C5. HIGHWAY 1 / SANTA ROSA STREET MAJOR INVESTMENT STUDY. Council discussion ensued during which Public Works Director Walter and Deputy Director of Public Works Bochum responded to questions and concerns. Mr. Walter explained that without the Major Investment Study, there would be no prospect for future funding. Public Comments There was no public comments forthcoming. –end of public comments— ACTION: Moved by Carter/Marx to: 1. Appropriate $400,000 in approved State Transportation Improvement Program (STIP) grant funding to conduct a Major Investment Study (MIS) on Highway 1 / Santa Rosa Street, which will include pedestrian and bicycle traffic. 2. Review and approve the Hwy 1 Major Investment Study draft scope-of-work and authorize the City Manager to approve the request for proposals and award the contract if within the study budget; motion carried 5:0. DRAFT C1-3 I City Council Meeting Page 4 Tuesday, July 21, 2009 C6. FINAL MAP AND FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2949— 1302 S 1314 PALM STREET (TR 11- 0 ACTION: Moved by Settle/Carter to: 1. Adopt Resolution No. 10103 (2009 Series) approving the Final Map for Tract 2949 (TR 11-07). 2. Adopt Resolution No. 10104 (2009 Series) accepting the public improvements and certifying completion of the required private subdivision improvements for Tract 2949; motion carried 5:0. C7. SUMMARY VACATION OF EXCESS RIGHT-OF-WAY OF UPHAM STREET. ACTION: Moved by Settle/Carter to adopt Resolution No. 10105 (2009 Series) vacating an excess portion of Upham Street not required for street or highway purposes; motion carried 5:0. C8. 2009-10 COMMUNITY PROMOTIONS CONTRACTS. ACTION: Moved by Settle/Carter to, as recommended by the Promotional Coordinating Committee (PCC), take the following actions: 1. Provide funding in the amount of$48,800 in 2009-10 for public relations services and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce (Chamber) for these services. 2. Provide funding in the amount of$91,500 in 2009- 10 for visitor and electronic information services and $13,000 for physical improvements to the Visitors Center and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce (Chamber) for these services. 3. Provide funding in the amount of$54,500, in 2009-10 for events promotion services including promotional pieces, giveaways, and event booth and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce (Chamber) for these services; motion carried 5:0. PUBLIC HEARINGS 1. CONSIDERATION OF A CONDOMINIUM CONVERSION FOR 14 APARTMENTS AT 614 GRAND AVENUE (CON 17-09). Community Development Deputy Director Davidson presented the agenda report_ and responded to Council questions and concerns. Mayor Romero opened the public hearing. Mark Rossin, representative of the applicant, spoke in support of the project and responded to Council questions and concerns. Steve Delmartini, San Luis Obispo, spoke in support of the project. Mayor Romero closed the public hearing. DRAFT C1-4 City Council Meeting Page 5 Tuesday, July 21, 2009 ACTION: Moved by Settle/Ashbaugh to adopt Resolution No. 10106 (2009 Series) approving a condominium conversion for 14 units at 614 Grand Avenue (Grand Terrace Townhouses, CON 17-09); motion carried 5:0. 2. TRANSFER OF EXISTING BEACH CITIES CAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND TAXI PERMITS TO NEW OWNER. Deputy Director of Public Works Bochum, presented the staff report following which_ Director of Public Works Walter and Transit Manager Webster responded to Council questions and concerns. Mayor Romero opened the public hearing. Harold Messick, Green Go Taxi Representative, spoke in support of the transfer of the existing Certificate of Public Convenience and Necessity and all Taxi Permits assigned to Beach Cities Cab Company to Green Go Taxi. Mr. Messick responded to Council's questions and concerns. Peter Stuart, Ex-Beach Cities Cab driver, expressed his concerns regarding Beach Cities Cab Company. Amy Simpson, President of 234 Taxi L.L.C., spoke in opposition of staffs recommendations. Police Chief Linden discussed a meeting held on June 3e with Mr. Wek and Mr. Messick regarding the transfer of ownership and responded to Council questions. Mayor Romero closed the public hearing. Council discussion ensued during which the majority of Council was opposed to the transfer of the Certificate of Public Convenience and Necessity and all Taxi Permits assigned to Beach Cities Cab Company to Green Go Taxi. ACTION: Moved by Settle/Ashbaugh to deny the request for the transfer of all 20 Beach Cities Cab Company permits to the owner of Green Go Taxi, motion carried 5:0. Council recessed at 9:10 p.m. and the meeting reconvened at 9.21 p m with all members present. 3. REQUEST FOR ADDITIONAL TAXI PERMITS FOR 234-TAXI, LLC. Transit Manager Webster presented the agenda report, following which. Director of Public Works Walter and Deputy Director of Public Works Bochum responded to Council questions and concerns. DRAFT C1-5 City Council Meeting Page 6 Tuesday, July 21, 2009 Amy Simpson, President of 234 Taxi, responded to Council questions. Mayor Romero opened the public hearing. Steve Chuse. Beach Cities Cab driver, spoke in opposition of staffs recommendation. Patrick Wright, Beach Cities Cab driver, opposed the request for additional taxi permits. Lamy Linnanburger, 234 Taxi cab driver, spoke in supprt of staffs recommendation. Randy Sales, Shell Beach, spoke in support of staffs recommendation. Mavor.Romero closed the public hearing. ACTION: Moved by Settle/Carter to adopt Resolution No. 10107 (2009 Series) authorizing the City Manager or his designee to process ten (10) additional Taxi Permits under the existing Certificate of Public Convenience and Necessity for 234- Taxi, LLC; motion carried 5:0. BUSINESS ITEMS 4. 2009-10 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID (GIA) FUNDING. Director of Human Resources Irons introduced this item, following which Risk and Benefits Manager Zocher and Human Relations Commission (HRC) Vice Chair Rosales presented the agenda report and responded to questions and concerns. Public Comments Carol Schmidt, Senior Peer Counseliing and Wilshire Community Services, expressed her gratitude for the grant. Marie Brinkmever, Director RSVP, thanked Council and staff for the funding recommendation. Paul Wolff. Friends of Prado Day Center and Access for All, shared his disappointment that neither program was recommended for funding. Mr. Wolff asked Council to reconsider allocating funds to the Anger Management Program at the Prado Day Center. Bob McAfee. Marriage and Family Therapist, agreed with the previous speaker and asked Council to reconsider awarding a grant to the Anger Management Program at the Prado Day Center. DRAFT C1-6 City Council Meeting Page 7 Tuesday, July 21, 2009 Dee Torres, Community Action Partnership Homelessness Director and Manager of the Prado Day Center, thanked Council and staff for the funding recommendation for the Homeless Prevention/Stable Housing program. In addition, she asked Council to reconsider providing additional funds for the Anger Management Program. Ms. Torres responded to Council questions and concems. Binah Polav, Executive Director Community Councling Center, thanked Council and staff for the funding recommendation. Linda McGregor, 211 SLO Hotline Director, thanked Council and staff for the funding recommendation. —end of public comments— Council Members expressed appreciation to the HRC for its work on this project and indicated their support of the funding recommendations. ACTION: Moved by Settle/Marx to, as recommended by the HRC, approve the 2009-10 GIA allocations and authorize the City Manager to execute agreements with each grant recipient with the addition of$1,250 from the General Fund to the Anger Management Program; motion carried 4:1 (Ashbaugh opposed). 5. TARGETED INITIATIVES FOR BUSINESS RETENTION AND EXPANSION. Assistant City Manager Stanwyck introduced this item, following which Economic Development Manager Clark presented the report and responded to questions. Public Comments Erik Justesen, RRM Design Group and Vice Chair Chamber of Commerce Economic Development, spoke in favor of staffs recommendation. Dave Garth, Chamber of Commerce, spoke in support of staff recommendation. —end of public comments— ACTION: Moved by Settle/Carter to approve a program of business retention and expansion initiatives, within the approved budget of$37,500 for the 2009-2010 fiscal year which specifically includes: 1. Web upgrades to the Economic Development Program area to improve access to resources for business. 2. A study to determine why businesses have located here and what the City can do to encourage businesses to locate here, on the basis of the study; motion carried 5:0. 6. SANTA ROSA PARK RESTROOM DESIGN AND CONSTRUCTION APPROACH. DRAFT C1-7 City Council Meeting Page 8 Tuesday, July 21, 2009 Director of Public Works Walter introduced this item, following which Engineer If Fraser presented the agenda report and responded to questions. Public Comments There were no public comments. -end of public comments— ACTION: Moved by Settle/Ashbaugh to: 1. Review and consider staffs analysis of the advantages and disadvantages of a traditional design/site-built process for Santa Rosa Park Restroom replacement versus a process utilizing a prefabricated restroom building. 2. Based on the results of this analysis, authorize staff to proceed with design of Santa Rosa Park Restroom using the traditional "site-built" approach. 3. Direct staff to investigate options for reducing overall project costs and incorporate options into the bid documents as bid alternates; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Ashbaugh reported on his attendance, along with Vice Mayor Settle, Council Member Carter and Finance and Information Technology Director Statler at the Summit of Local Elected Officials in Sacramento. Council Member Manx reported on her attendance at the July 15th SLOCOG meeting. COMMUNICATIONS Mayor Romero discussed a memo submitted prior to the meeting, regarding the recruitment process for the City Manager position. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:48 pm. Elaina Cano Interim City Clerk APPROVED BY COUNCIL: x xhod09 DRAFT C1-8 i MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 4, 2009 -7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Vice Mayor Allen K. Settle and Mayor Dave Romero Absent: Council Member Jan Howell Marx City Staff Present Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Elaina Cano, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS Fire Chief Callahan recognized the life saving actions by concerned citizens through their use of CPR and AED (defibrillator). Director of Finance & Information Technology Statler presented an award of excellence to Finance Manager, Debbie Malicoat. APPOINTMENTS Al. APPOINTMENTS TO THE.HOUSING AUTHORITY BOARD. ACTION: Moved by Romero/Carter to: 1. Appoint Mandi Milliken as the tenant representative to the Housing Authority Board for a term to begin on August 4, 2009, and expire on March 31, 2011. 2. Appoint Lyn Brumley as the senior tenant representative to the Housing Authority Board for a term to begin on August 4, 2009, and expire on March 31, 2011; motion carried 4:0. A2. APPOINTMENT TO THE PROMOTIONAL COORDINATING COMMITTEE (PCC). ACTION: Moved by Romero/Carter to, by motion, appoint Marilyn Fidler to the Promotional Coordinating Committee (PCC) effective August 4, 2009, and expiring on March 31, 2010, as recommended by the Council Subcommittee; motion carried 4:0. DRAFT C1-9 I I 1� City Council Meeting J Page 2 Tuesday, August 4, 2009 PUBLIC COMMENT There were no public comments forthcoming. CONSENT AGENDA ACTION: Moved by Ashbaugh/Carter to approve the Consent Agenda as indicated below. C1. MINUTES OF TUESDAY, JULY 7, 2009. ACTION: Moved by Ashbaugh/Carter to waive oral reading and approve as presented; motion carried 4:0. C2. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE CALIFORNIA COASTAL RESTORATION FUND FOR THE FROOM RANCH ACQUISITION PROJECT. . ACTION: Moved by Ashbaugh/Carter to adopt Resolution No. 10108 (2009 Series) authorizing staff to complete and submit an application for grant monies in the amount of$50,000 from the California Coastal Restoration Fund, which would be used in support of the acquisition of a 310 acre portion of the Froom Ranch open space; motion carried 4:0. C3. WATERLINE IMPROVEMENTS—VARIOUS LOCATIONS, SPECIFICATION NO. 90788. ACTION: Moved by Ashbaugh/Carter to: 1. Approve the plans and specifications for the "Waterline Improvements, Various Locations" Project, Specification No. 90788. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineers Estimate of$377,644; motion carried 4:0. C4. ADOPTION OF ORDINANCE NO. 1532 AMENDING PARKING METER RATES AND THE DEPOSIT OF PARKING FINES AND FORFEITURES. ACTION: Moved by Ashbaugh/Carter to adopt Ordinance No. 1532 (2009 Series) amending: 1. San Luis Obispo Municipal Code Section 10.52.010 to reflect Council changes to parking meter rates. 2. San Luis Obispo Municipal Code Section 10.64.040 to reflect Council changes to the deposit of collected parking fines and forfeitures; motion carried 3:1 (Settle opposed). C5. CITY MANAGER RECRUITMENT AGREEMENT. DRAFT C1-10 - t City Council Meeting Page 3 Tuesday, August 4, 2009 ACTION: Moved by Ashbaugh/Carterto approve and authorize the Mayor to execute an agreement with Teri Black & Company (TBC) to conduct a City Manager recruitment and provide additional selection assistance to the City Council until a new manager is hired;motion carried 4:0. C6. APPROVAL OF AGREEMENT RELEASING THE EDUCATION PORTION OF PUBLIC, EDUCATION AND GOVERNMENT (PEG) ACCESS FUNDS TO SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT. ACTION:. Moved by Ashbaugh/Carter to approve an agreement with the San Luis Coastal Unified School District for the release of the "education" portion of the Public, Education, Government (PEG) Access funds received by the City under its cable television franchise agreement with Charter Communications and authorize the Mayor to execute the Agreement; motion carried 4:0. BUSINESS ITEMS 1. AFFORDABLE HOUSING FUND AWARD FOR A 42-UNIT APARTMENT PROJECT TO BE DEVELOPED AS PART OF THE VILLAGES AT .BROAD STREET PROJECT (2238 BROAD STREET). Housing Programs Manager Codron presented the agenda report and responded to questions. Public Comments Jim Rendler. Director of Land Acquisition - ROEM Development Corporation, gave a brief overview of the project and responded to Council questions. —end of public comments— ACTION: Moved by Settle/Carter to adopt Resolution No. 10109 (2009 Series) approving a loan of$1.8 million for ROEM Corporation, including $1,034,448 from the Affordable Housing Fund and $765,552 from deferred impact fees, in exchange for developing a 42-unit affordable housing project, including 41 deed- restricted affordable units and one manager's unit at 2238 Broad Street; motion carried 4:0. 2. APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO DENY A CERTIFICATE OF PUBLIC CONVENIENCE OR NECESSITY FOR AN ALCOHOL LICENSE AT 328 MARSH STREET (MISSION CHEVRON). DRAFT C1-11 City Council Meeting Page 4 Tuesday, August 4, 2009 City Attorney Lowell stated for the record to ensure due process, as this matter was being processed through City procedures, Assistant City Attorney Dietrick advised staff and therefore Mr. Lowell's role at this meeting was to advise Council that he had not been involved in formulating staffs recommendation. Community Development Director Mandeville introduced this item, following which he and Police Chief Linden presented the agenda report and responded to Council questions. Public Comments Ricky Fleischer, Mission Station, Inc., gave a presentation in support of this project and responded to Council's questions and concerns. George Garcia, Project Architect, spoke in support of the design of the project and responded to Council's questions. —end of public comments— Council discussion ensued, during which Council consensus was that transfer of existing license from within City, and fact that this location is some distance from concentration of alcohol-selling businesses in downtown area within same census tract, justify issuance notwithstanding over-concentration within this particular census tract. Location next to freeway and major streets does provide for public convenience. Location is a gateway to community and development of now vacant site is important to City, as are public improvements that will be installed as part of that development. Combination of all these factors justifies issuance in this particular instance if Council conditions and City requirements are met. ACTION: Moved by Carter/Settle to deny the appeal, but direct staff to issue a PCN for off site sales provided applicant purchases another existing off-site license within City limits, and PCN contains conditions of no single beer, no keg, and no small wine bottle sales; motion carried 4:0. 3. UPDATE ON STATE BUDGET IMPACTS ON THE CITY. Assistant City Manager Stanwyck introduced the item and Director of Finance & Technology Statler presented the agenda report and responded to questions. Public Comments There were no public comments forthcoming. —end of public comments— DRAFT C1-12 C�,J City Council Meeting Page 5 Tuesday, August 4, 2009 Discussion ensued during which Council supported staffs recommendation. ACTION — Council received the update on the status of the State budget impacts on the City and recommended strategies for responding to them. COUNCIL LIAISON REPORTS Mayor Romero reported on his attendance at the City University Luncheon. Council Member Carter reported on his attendance of CMC Citizens Advisory Committee and the JPIA Harassment and Discrimination training. Council Member Ashbaugh reported on a meeting he attended at the Octagon Barn. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:40 PM Elaina Cano Interim City Clerk APPROVED BY COUNCIL: xochod09 DRAFT C1-13 MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY, AUGUST 6, 2009 — NOON COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Vice Mayor Allen K. Settle and Mayor Dave Romero Council Member Jan Howell Marx participated via teleconference call. City Staff Present: Sue Chippendale, Deputy City Clerk ---------------- ANNOUNCEMENT OF CLOSED SESSION TOPIC Mayor Romero announced the following Closed Session topic. PUBLIC EMPLOYMENT Pursuant to Government Code § 54957 Title: City Manager 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 Following the Closed Session, Mayor Romero reported that there was no further reportable action. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 1:10 p.m. Sue Chippendale Deputy City Clerk. APPROVED BY COUNCIL: XX/X)V09 DRAFT C1-14