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Home My WebLink About03/21/2006ROLL CALL: Council Members Present: Council Member John Ewan, Vice Mayor Allen Settle and Mayor Dave Romero were present at Roll Call. Council Member Brown was seated at 7:00 p.m. Absent: Council Member Mulholland 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; John Moss, Utilities Director; Jay Walter, Public Works Director; Betsy Kiser, Principal Administrative Analyst; Carolyn Dominguez, Finance Manager; Phil Dunsmore, Associate Planner; Katie Disimone, Water Projects Manager Mayor Romero announced that a request was received from Council Member Mulholland to continue items PH5 (Conservation and Open Space Element) and PH6 (General Plan Amendment and Rezoning – 3240 Broad Street) to the meeting of April 4, 2006, since she was unable to attend the meeting due to illness. ACTION: Motion by Settle/Ewan to continue items PH5 and PH6 to the Council meeting of April 4, 2006; carried 3:0:2 (Brown, Mulholland absent). BUSINESS ITEMS 919 PALM PARKINGIOFFICES BOND ISSUE. Finance Director Statler presented the staff report. Public Comments None. —end of public comments — ACTION: Moved by Settle/Ewan to adopt Resolution No. 9779 (2006 Series) approving the issuance of lease- revenue bonds to assist in financing the 919 Palm parking/offices project; motion carried 3:0:2 (Brown, Mulholland absent). At 4:10 p.m. the Council meeting recessed and a meeting of the Capital Improvement Board convened. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 21, 2006 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Member John Ewan, Vice Mayor Allen Settle and Mayor Dave Romero were present at Roll Call. Council Member Brown was seated at 7:00 p.m. Absent: Council Member Mulholland 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; John Moss, Utilities Director; Jay Walter, Public Works Director; Betsy Kiser, Principal Administrative Analyst; Carolyn Dominguez, Finance Manager; Phil Dunsmore, Associate Planner; Katie Disimone, Water Projects Manager Mayor Romero announced that a request was received from Council Member Mulholland to continue items PH5 (Conservation and Open Space Element) and PH6 (General Plan Amendment and Rezoning – 3240 Broad Street) to the meeting of April 4, 2006, since she was unable to attend the meeting due to illness. ACTION: Motion by Settle/Ewan to continue items PH5 and PH6 to the Council meeting of April 4, 2006; carried 3:0:2 (Brown, Mulholland absent). BUSINESS ITEMS 919 PALM PARKINGIOFFICES BOND ISSUE. Finance Director Statler presented the staff report. Public Comments None. —end of public comments — ACTION: Moved by Settle/Ewan to adopt Resolution No. 9779 (2006 Series) approving the issuance of lease- revenue bonds to assist in financing the 919 Palm parking/offices project; motion carried 3:0:2 (Brown, Mulholland absent). At 4:10 p.m. the Council meeting recessed and a meeting of the Capital Improvement Board convened. City Council Meeting Tuesday, March 21, 2006 - 4:00 p.m. 2. MEETING OF THE CAPITAL IMPROVEMENT BOARD. Finance Director Statler presented the staff report. Public Comments None. —end of public comments— Page 2 ACTION: Moved by Ewan/Settle to: 1) Approve minutes of the meeting held on April 5, 2005. 2) Elect officers for the Capital Improvement Board (Dave Romero, President and Allen Settle, Vice President). 3) Adopt Resolution No. 9780 (2006 Series ) approving the issuance of lease- revenue bonds to assist in financing the 919 Palm parking/offices project. 4) Adjourn to the next regular meeting; motion carried 3:0:2 (Brown, Mulholland absent). The Capital Improvement Board meeting adjourned at 4:14 p.m. and the Council meeting reconvened. STUDY SESSION 3. TRANSPORTATION IMPACT FEE UPDATE. Finance Director Statler presented the staff report. Public Comments John French, real estate developer, supported upgrading the ordinance on a more frequent basis than has been the case in the past. He specifically suggested an automatic annual increase based on the cost of construction and on inflation rates for construction. He also suggested reviewing the program on a five or ten year basis. Steve Barasch, Board Member of SLO Property Owners Association, said it is important that the City disclose annually how the funds are used, and to consider possible exemptions to the increased fees for low to moderate income housing. Peter Brown, San Luis Obispo, spoke in support of updating the fees. Leslie Halls, President of SLO Property Owners Association, opposed an annual cost of living adjustment in these fees, and said they must be considered in the context of other fees. She said that fixing streets is the number one priority of citizens. She agreed with Mr. Barasch that there needs to be an exemption for low and very low income housing. Mayor Romero clarified that street maintenance is not paid for by these fees, but rather from the general fund. Staff explained that Council's current policies provide for an exclusion of very low and low income housing, and clarified other comments raised. —end of public comments — Discussion followed regarding the key policy issues. 1 City Council Meeting Page 3 Tuesday, March 21, 2006 - 4:00 p.m. Reduced Project Base a. Extension of Bishop Street Vice Mayor Settle, Council Member Ewan, and Mayor Romero concurred that the City should not continue to include this project in the cost base in calculating fees. b. Railroad grade separation at Orcutt Road. Vice Mayor Settle and Council Member Ewan concurred that the City should not continue to include this project in the cost base. Mayor Romero explained why he thought this project is critical and that these funds should remain in the cost base. Staff clarified that the at -grade improvements will move forward and that these projects will remain in the Circulation Element, but will not be added to the cost base for calculating fees. 50% Subsidy for Retail and Hotel Uses Council Member Ewan and Vice Mayor Settle supported maintaining the 50% subsidy for retail and hotel uses. Mayor Romero expressed concern that the City will be short- funded in all its programs. As ® a result, he opposed maintaining the 50% retail/hotel subsidy. Discussion ensued regarding the Prado Road interchange. Council recessed from 5:15 until 7:00 p.m. Council Member Brown was seated at this time. Jonni Biaaaini, San Luis Obispo Visitors and Conference Bureau, made a presentation regarding the need for a Business Improvement District (BID) in. San Luis Obispo County. She circulated a letter from local hoteliers in support of a BID (on file in the City Clerk's office). Following a brief discussion regarding policy and administrative issues associated with a BID, Council directed this matter back to the Promotional Coordinating committee (PCC) for review, analysis, and a possible recommendation. They asked that the PCC obtain feedback from each of the local hotels prior to making a recommendation. Mayor Romero announced that Council acted earlier to continue Public Hearing items 5 and 6 to the meeting of April 4. APPOINTMENTS Al. ANNUAL APPOINTMENTS TO ADVISORY BODIES. Recommendations for appointments to the following advisory bodies effective April 1, 2006, were made as follows: City Council Meeting Page 4 Tuesday, March 21, 2006 - 4:00 p.m. • ARCHITECTURAL REVIEW COMMISSION: Allen Root was reappointed, and Steven Hopkins and Anthony Palazzo were appointed to four -year terms expiring on March 21, 2010. • BICYCLE COMMITTEE: Trevor Keith and Tom Nuckols were reappointed to four -year terms expiring on March 31, 2010. • CULTURAL HERITAGE COMMITTEE: Charles Crotser was reappointed to a four -year term expiring on March 31, 2010. Thomas Wheeler was reappointed to serve a one -year term expiring on March 31, 2007. • DOWNTOWN ASSOCIATION: Patty Carpenter, Tom Copeland and Tom Swem were reappointed, and Frank DuFault, Bob Schinkel and Natalie Tartaglia were appointed for two-year terms expiring March 31, 2008. • HUMAN RELATIONS COMMISSION: Janna Nichols was reappointed for a two -year term expiring March 31, 2008. Bryan Gingg and Stephen Lamb were reappointed to four -year terms expiring March 31, 2010. • JACK HOUSE COMMITTEE: John Tischler was reappointed to a four -year term expiring March 31, 2010. One vacancy remains unfilled. • JOINT USE OF RECREATIONAL FACILITIES COMMITTEE: Mark Buchman was appointed to a four -year term expiring March 31, 2010. • MASS TRANSPORTATION COMMITTEE: Jean Knox was reappointed to a two -year term expiring on March 31, 2008. Carl Hilbrants was appointed to a four -year term expiring March 31, 2010. One vacancy, for a senior representative, still exists. • PARKS & RECREATION COMMISSION: Jill Lemieux was reappointed to a four -year term expiring on March 31, 2010. Richard Kriet was appointed to a four -year term expiring on March 31, 2010. • PERSONNEL BOARD: Louise Matheny was reappointed to a four -year term expiring on March 31, 2010. One vacancy still exists. • PROMOTIONAL COORDINATING COMMITTEE: Cate Norton was reappointed to a four - year term expiring March 31, 2010. June Mclvor and Jeanne Kinney were appointed to four -year terms expiring March 31, 2010. • TREE COMMITTEE: Katie Hall was appointed to a four -year term expiring March 31, 2010. • ZONE 9: Dominic Perello was redesignated to serve as the member -at -large for a term expiring December 31, 2006. The alternate position is now vacant. ACTION: Moved by Ewan /Settle to approve the recommendations as submitted by the Council subcommittees and Downtown Association and indicated above; motion carried 4:0:1 (Mulholland absent). PUBLIC COMMENT Dane Senser. San Luis Obispo, expressed concern regarding the manner in which Council Member Mulholland responds to comments made during City Council meetings. He stated, for the record, that he has been a transient and homeless, and reiterated objections he made at the prior meeting regarding the ordinance regulating the use of public benches. Carolyn Nulton, San Luis Obispo, discussed concerns she has raised previously regarding the need for senior housing. Sifu Kelvin - Harrison. San Luis Obispo, discussed his continuing concerns regarding personal harassment. CONSENT AGENDA ._._._._... .._.. Mayor Romero called for public comments. City Council Meeting Tuesday, March 21, 2006 - 4:00 p.m. Page 5 The following people spoke in support of item C5, funding for the Maxine Lewis Homeless Shelter: James Patterson, Member of the County Board of Supervisors and representative to the Economic Opportunity Commission Lillian Judd, Economic Opportunity Commission (EOC), representing EOC CEO Biz Steinberg Ann Shaw, Member of Homeless Shelter Advisory Council Patricia Wilmore, Chamber of Commerce (an e-mail from the Chamber is on file in the City Clerk's office) ACTION: Moved by SettletEwan to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried 4:0:1 (Mulholland absent). C1. AMENDMENT TO MINUTES OF FEBRUARY 21, 2006,REGULAR MEETING, AND APPROVAL OF MINUTES OF FEBRUARY 28, 2006, MARCH 1, 2006, SPECIAL MEETINGS; MARCH 7. 2006, REGULAR MEETING. ACTION: Moved by Settle/Ewan to waive oral reading and approve as presented; motion carried 4:0:1 (Mulholland absent). C2. HIGHWAY EASEMENT ACQUISITIONS BY CALTRANS FOR ROUTE 1. ACTION: Moved by Settle/Ewan to accept an offer from Caltrans for the acquisition of a Permanent Highway Easement and Temporary Construction Easements as part of the Highway 1 (Santa Rosa Street) rehabilitation project, and authorize the Mayor to sign the agreements; motion carried 4:0:1 (Mulholland absent). C3. ADOPTION OF ORDINANCE NO. 1491 (2006 SERIES) AMENDING THE AGGRESSIVE SOLICITATION PROVISIONS OF CHAPTER 9.06 OF THE MUNICIPAL CODE AND ADDING CHAPTER 9.40 REGULATING THE USE OF PUBLIC BENCHES. ACTION: Moved by Settle/Ewan to adopt Ordinance No. 1491 (2006 Series); motion carried 4:0:1 (Mulholland absent). C4. USE OF UNALLOCATED FUNDS FOR COMMUNITY PROMOTIONS. ACTION: Moved by Settle/Ewan to allocate $6,000 to sponsor the San Luis Obispo Visitors and Conference Bureau's (VCB) Monday Night Awards Dinner for the 2006 Outdoor Writers Association Conference (OWAC); motion carried 4:0:1 (Mulholland absent). C5. ALLOCATION OF FUNDING FOR THE MAXINE LEWIS HOMELESS SHELTER. ACTION: Moved by Settle/Ewan to 1) allocate $30,000 from savings realized from the Mardi Gras Operations budget to provide emergency funding for the operation of the Maxine Lewis Memorial Shelter (the Shelter); and 2) Direct staff to work with the Economic Opportunity Commission (EOC), the County, and other stakeholders to resolve the critical long -term funding deficits facing the Shelter; motion carried 4:0:1 (Mulholland absent). �_ PUBLIC HEARINGS �� City Council Meeting Tuesday, March 21, 2006 - 4:00 p.m. Page 6 4. CONSIDERATION OF A TENTATIVE MAP TO FINALIZE A CONDOMINIUM CONVERSION FOR ONE HUNDRED SIXTY EIGHT MULTI - FAMILY RENTAL APARTMENT PROPERTIES AT 1017 THROUGH 1045 SOUTHWOOD DRIVE: (TR 217- 05 ). Associate Planner Dunsmore presented the staff report and referenced a request from the applicant to permit transfer of the deed restricted units at the time the first unit is sold instead of at the time the final map is recorded (Section 2, condition #14). Mayor Romero opened the public hearing. Carol Florence, Principal Planner and representative for the applicant, distributed information (on file in the City Clerk's office) regarding this project and discussed the meetings with tenants as they proceed with plans for the conversion of the units. She referenced the applicants request to revise condition #14 in Section 2 as noted by Associate Planner Dunsmore. Patrick Smith, owner /architect/builder, discussed the impact a downturn of the economy could have on this project and why it is important, should this occur, that the deed restricted units not be recorded until the first unit is sold. City Attorney Lowell said that he has reviewed the substitute language for condition 14 and explained why he thought it is acceptable. (The revisions are contained in a red file item on file in the City Clerk's office.) Dan Erdman. San Luis Obispo, Civil Engineer, read a letter (on file in the City Clerk's office) in which he asked that condition #10 in Section 2 be revised to reflect the language contained in Council Resolution No. 9714, related to reconstructing the parking lot. Pamela Hughes, San Luis Obispo, Section 8 tenant, spoke in support of the conversion, but discussed her objections to being asked to move into and purchase a smaller unit Peqqv Fowler, San Luis Obispo, expressed concern on behalf of Section 8 renters who will be asked to move to other apartments. Carol Hatley, Housing Authority, spoke in support of the project and explained why she believes that the proposal coincides with former Housing Authority Director George Moylan's intent for this project She discussed the Section 8 program and the conversion process, as well as the work that has been done with the Section 8 clients. Andrew Carter, San Luis Obispo, said that he had the same concerns as Mr. Erdman regarding Resolution No. 9714 and reconstruction of the parking lot. Mayor Romero closed the public hearing. Discussion ensued, during which staff responded to Council's questions. ACTION: Moved by Settle/Brown to adopt Resolution No. 9781 (2006 Series) which approves the tentative tract map to allow the individual sale of 168 units at 1017 through 1045 Southwood Drive, based on findings and subject to conditions and code requirements. The motion included a correction to Section 2 of the resolution (replacing "Recommendation" with "Approval Subject to Conditions ") and with substitute language for condition #14, Section 2, (on file in the City Clerk's office); motion carried 4:0:1 (Mulholland absent). J 1 C City Council Meeting Tuesday, March 21, 2006 - 4:00 p.m. S. PLAN AMENDMENTS (GPA/ER 149-98). Page 7 This item was continued to the meeting of April 4, 2006, due to the absence of Council Member Mulholland. 6. ACTION: Moved by Settle/Ewan to continue items PH5 and PH6 to April 4, 2006; motion carried 3:0:2 (Brown absent during this motion, Mulholland absent). FROM 2121 AND 2128). This item was continued to the meeting of April 4, 2006, due to the absence of Council Member Mulholland. 7. ACTION: Motion by Settle/Ewan to continue items PH5 and PH6 to April 4, 2006; motion carried 3:0:2 (Brown absent during this motion, Mulholland absent). Utilities Director Moss introduced this item, following which Water Projects Manager Disimone and Special Counsel Linda Beck presented the staff report. Mayor Romero opened the public hearing. None. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Ewan to assess a penalty in the amount of $6,801.44 against Pacific Mechanical Corporation, Inc. and deposit penalty in Water Reuse Project account; motion carried 4:0:1 (Mulholland absent). BUSINESS ITEMS 8. RELOCATION OF PUBLIC ART BENCHES TO EMERSON PARK. Principal Administrative Analyst Kiser presented the staff report. Public Comments Mark Rawsen, architect, spoke in support of the recommendation. –end of public comments — Council Member Ewan expressed his continued concern regarding moving public art from its original location and said he would not support the proposal. City Council Meeting Page 8 Tuesday, March 21, 2006 - 4:00 p.m. ACTION: Moved by Brown /Settle to approve relocating the public art benches known as Community's Bridge to Emerson Park. 2) Accept the offer from San Luis Obispo Court Street LLC (Copeland Properties) to design, install and donate a bocce ball court for Emerson Park, subject to the City's review and approval process. 3) Accept the offer from Copeland Properties to purchase, install and donate a new piece of public art valued at $15,000 for the Higuera Street location, subject to completion of the City's approval process for donated public art. 4) Direct staff to work with Copeland Properties to resolve issues related to the placement of the planters in said location; motion carried 3:1:1 (Ewan opposed, Mulholland absent). COUNCIL LIAISON REPORTS Mayor Romero reported on his attendance at the Mayors meeting in March, as well as at a recent Student Community Liaison Committee meeting. Council Member Brown reported on his attendance at the groundbreaking ceremony at Cal Poly for the Poly Canyon Village student housing. COMMUNICATIONS CAO Hampian referenced his memorandum to Council last week reporting on the status of staff's work with the neighbors within the Highland/Ferrini area. A high level of consensus has been reached for the types of intersection improvements planned as mitigations for the "H -8" faculty housing project. There was no further direction from Council and staff will move ahead as proposed. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:05 p.m. to Wednesday, March 22, 2006, at 11:30 a.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo. Audrey Hoo City Clerk ' APPROVED BY COUNCIL: 4/4106 1