HomeMy WebLinkAbout05/19/2009MINUTES
' REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 19, 2009 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Andrew Carter; Jan Howell Marx, Vice Mayor Allen K.
Settle and Mayor Dave Romero were seated at Roll Call. Council Member
John Ashbaugh was seated immediately thereafter.
City Staff
Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly
Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
PRESENTATIONS
Mayor Romero presented certificates of appreciation to Joseph Carotenuti and Dean
Miller for their contributions to the preservation of the City's historical documents and
dedicated the City's first Minutes book in their honor.
Mayor Romero presented Public Works Director Jay Walter and Utilities Director
Mattingly with a proclamation acknowledging May 17 -May 23, 2009, as National Public
Works Week.
Mayor Romero presented Lee Ferrero, President and CEO of the Private Industry
Council of San Luis Obispo County, with a proclamation acknowledging his retirement
and his 35 years of service as a national leader in workforce training.
PUBLIC COMMENT
Tent/ Mohan, San Luis Obispo, asked Council to find a way to assist Zackie Shabar in
resolving his sign issues related to the Golden Waffle House.
Erin McCoy and Collin Sprenkle, representing Students for a Sustainable Society, and
Andrew Christie, Director of the local chapter of the Sierra Club, spoke in support of and
asked Council to consider agendizing an ordinance banning plastic bags.
Following an update from the City Attorney on the challenges that have arisen in other
cities that have implemented bans on plastic bags, Council concurred that no further
1
City Council Meeting Page 2
Tuesday, May 19, 2009
action should_ be taken on this item until the Integrated Waste Management Authority has
completed its environmental assessment and prepared an environmental impact report
on this matter.
Tom Murray, Arroyo Grande, representative for SLO Green Build, discussed the activities
of the organization as it attempts to assist residents with high energy bills, particularly
older residents.
CONSENT AGENDA
Council Member Carter abstained from voting on item C1 because he did not attend the
April r meeting.
Council pulled item C8 for discussion at the request of Council Member Marx, and C9 for
a presentation by Dave Mullinax, regional representative for the League of California
Cities.
Vice Mayor Settle stated that he would vote in opposition to items C4 and C7.
Tent/ Mohan, San Luis Obispo, referred to item C2, objected to providing recycled water
to construction workers, and reiterated objections to increasing water rates as outlined in
a letter he sent to Council previously.
ACTION: Moved by Ashbaugh /Carter to approve the Consent Agenda, with the
exception of item C8, as indicated below.
C1. MINUTES OF TUESDAY, APRIL 7, 2009.
ACTION: Moved by Ashbaugh/Carter to waive oral reading and approve as presented;
motion carried 4:1 (Carter abstained).
C2. PROCEDURES FOR RECYCLED WATER USE ORDINANCE.
ACTION: Moved by Ashbaugh/Carter to adopt Ordinance No. 1526 (2009 Series);
motion carried 5:0.
C3. FINAL ABANDONMENT (VACATION) OF A PORTION OF CALLE JOAQUIN.
ACTION: Moved by Ashbaugh/Carter to, as recommended by the Planning
Commission, adopt Resolution No. 10082 (2009 Series) vacating a portion of the Calle
Joaquin Right -of -Way, subject to the reservation of existing utility easements; motion
carried 5:0.
1
City Council Meeting Page 3
Tuesday, May 19, 2009
C4. COUNTY'S COLLECTION OF FIRE AND LIFE SAFETY INSPECTION FEES.
ACTION: Moved by Ashbaugh /Carter to adopt Resolution No. 10083 (2009 Series)
enabling the continued collection of multi - dwelling property fire and life safety inspection
fees via the secured property tax roll administered by the County; motion carried 4:1
(Settle opposed).
C5. CONTRACT WITH CALPERS FOR RETIREE HEALTH BENEFITS TRUST
ADMINISTRATION.
ACTION: Moved by Ashbaugh /Carter to: 1) Approve an agreement with the California
Public Employee Retirement System (CaIPERS) for trust administration in prefunding
"Other Post Employment Benefits" (OPEB). 2) Approve delegation of authority for
disbursements from the OPEB trust; motion carried 5:0.
C6. 2009 ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION.
ACTION: Moved by Ashbaugh/Carter to authorize staff to submit a grant application in
the amount of $70,200 to the Federal Assistance to Firefighters Grant Program to
acquire Personal Protective Equipment, coats and pants, for structural firefighting;
motion carved 5:0.
tC7. CITY HALL-STRUCTURAL ROOF REPAIRS, SPECIFICATION NO. 90778.
ACTION: Moved by Ashbaugh/Carter to: 1) Award a contract agreement in the amount
of $61,700 to Architectural Roof Design Group for forensic and design services for "City
Hall Structural Roof Repairs, Specification No. 90778." 2) Approve the transfer of
$54,000 from the project construction management account to the project design
account; motion carried 4:1 (Settle opposed).
Item C8 was pulled for discussion and acted on separately from the other Consent
Agenda items.
C8. EMPLOYEE SALARY CONCESSIONS ( "ZERO- YEAR").
City Manager Hampian and Council Members commended the employee associations
and management group, as well as Human Resources Director Irons, for the efforts and
leadership that went into arriving at the employee salary concessions.
ACTION: Moved by Ashbaugh /Marx to: 1) Authorize the City Manager to execute
amendments to the Memorandum of Agreement (MOA) between the City and
represented employee associations that implement the "zero-year" tentative
agreements described in this report. 2) Adopt Resolution No. 10084 (2009 Series)
stating there shall be no increases in management compensation through December
' 31, 2010. 3) Adopt Resolution No. 10085 (2009 Series) approving the deferral of the
City Council Meeting
Tuesday, May 19, 2009
Page 4
July 2009 salary increase of 5% for confidential employees, as outlined in the report;
motion carried 5:0. 1
Item C9 was pulled for discussion and acted on separately from the other Consent
Agenda items.
C9.
AND
Dave Mullinax, League of California Cities Regional Representative, discussed steps
planned by other cities throughout the State, as well the League of California Cities, over
the next few weeks to oppose proposals by the State to borrow and /or take away
additional local funding (property taxes).
ACTION: Moved by Ashbaugh/Carter to adopt Resolution No. 10086 (2009 Series)
opposing added State takeaways from cities and finding of severe fiscal hardship if this
occurs; motion carried 5:0.
1.
PUBLIC HEARINGS
0324 PHILLIPS: MS 23 -09).
Community Development Director Mandeville introduced this item, following which
Housing Programs Manager Codron presented the agenda report.
Council Member Carter noted, for the record, that the recommended financial award for
this project is significantly higher than what has been awarded in the past.
Mayor Romero opened the public hearing.
The following speakers supported the project;
Erik Justesen, RRM Design Group
Paul Jagger, President for Habitat for Humanity
Penny Rappa, Director of Habitat for Humanity
Jeff Dillon, Project Architect
Marguerite Bader, WorkForce Housing Coalition
Mayor Romero closed the public hearing.
1
Vice Mayor Settle, Council Member Ashbaugh and Council Member Manx concurred
with the speakers and supported the project. 1
City Council Meeting
Tuesday, May 19, 2009
Page 5
Council Member Carter explained that he would not support the recommendation
t because of the size of the proposed subsidy and because he did not think this proposal
maximizes the number of units created. He thought that these funds could provide
greater assistance if the focus was on rental housing instead.
Mayor Romero shared Council Member Carter's concerns on the amount of the
subsidy, but said he would vote in favor of this project.
ACTION: Moved by Settle /Ashbaugh to adopt Resolution No. 10087 (2009 Series)
approving the proposed project on 1324 Phillips with the following components: 1) As
recommended by the Planning Commission, approve a minor subdivision with
exceptions for lot size, lot depth, and a reduced street yard. 2) Approve affordable
housing incentives for the project, including a 45% density bonus and a grant of
$332,500 from the City's Affordable Housing Fund (AHF); motion carried 4:1 (Carter
opposed).
2. DRAFT HOUSING ELEMENT UPDATE (GPA 12048).
Community Development Director Mandeville introduced this item, following which
Deputy Director of Long Range Planning Munn presented the agenda report.
Discussion ensued during which Council made some preliminary suggestions and staff
' responded to questions.
Mayor Romero opened the public hearing.
Jerry Rioux, Executive Director of the Housing Trust Fund, commented on the
environment in which this Housing Element is being prepared and encouraged Council to:
1) strengthen the the Inclusionary Housing ordinance; 2) review how fees are charged for
secondary dwelling units as their impact is not the same as for new houses; and 3)
provide incentives for affordable housing projects.
Mayor Romero closed the public hearing.
Council discussion ensued, following which Council concurred on the revisions
indicated in the motion.
ACTION: Moved by Settle /Ashbaugh to approve the Draft Housing Element (GPA 120-
08), focusing on Chapter 3, with the revisions listed below and endorsed sending the
draft document to the State Department of Housing and Community Development
(HCD) for an initial review prior to completing the public hearing process (5:0):
Page PH2 -38 Policy 3.7
Revise to read "adaptation and reuse" rather than "adaptive reuse" on the first line of
' the policy.
City Council Meeting Page 6
Tuesday, May 19, 2009
Page PH2 -50 Policy 8.9
Add the word "document" just prior to the name of "The Path Home: San Luis Obispo
County's 10 Year Plan to End Chronic Homelessness."
Page PH2 -45 Figure 1
Upgrade clarity of the graphic that shows the location of possible infill and rezoning
sites.
Page PH2 -46 Program 6.18
Delete the phrase "ownership or rental units" and replace with "housing affordable
to.....,,
Page PH2 -35 Program 2.6
Add the word "efficiency" or "efficacy' to the phrase 'locus on production and
effectiveness "to indicate a desire to see a bigger "bang for the buck."
Council also expressed a desire to see housing only developed on some sites listed as
appropriate for infill or mixed use listed in program 6.12; i.e., not all sites can
accommodate or should be developed with mixed use.
Council recessed at 9:45 p.m. and the meeting reconvened at 9:50 p.m.. with all members
present.
BUSINESS ITEMS
3.
Community Development Director Mandeville introduced this item, following which
Housing Programs Manager Codron presented the agenda report. They responded to
Council's questions.
Public Comments
Craig Smith, Principle Architect, distributed renditions of the project and discussed its
architectural components.
Dave Freudenberger, Goodwin Consultant Group, reviewed the master lease and
discussed funding issues.
Craig Smith, Architect, agreed with the conditions set forth by staff and responded to
questions.
Jerry Rioux, Executive Director of the Housing Trust Fund, spoke in suport of the project
and the Housing Trust Funds partnership in it. 1
City Council Meeting
Tuesday, May 19, 2009
Page 7
Discussion ensued during which Housing Programs Manager Codron explained why staff
recommended an award of $1 million from the Affordable Housing Fund for this project.
During the discussion, Council Members discussed the importance of the project and
agreed to increase the award to $1.5 million with an increase in the number of affordable
low- income units from 23 to 30.
—end of public comments—
ACTION: Moved by Carter /Ashbaugh to adopt Resolution No. 10088 (2009 Series)
approving an award of $1.5 million from the Affordable Housing Fund (AHF) for the
Wineman Hotel Rehabilitation Project in exchange for deed restrictions that will
guarantee the affordability of 30 deed - restricted units for a term of 34 years; motion
carried 5:0.
Council reordered the agenda to consider item B5 at this time.
5. COMMUNITY DEVELOPMENT BLOCK GRANT MADE. AVAILABLE
THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT (CDBG-
R). (MANDEVILLE/CODRON –15 MINUTES)
Community Development Director Mandeville introduced this item, following which
Housing Programs Manager Codron presented the agenda report. He responded to
questions.
Public Comments
No comments were forthcoming.
—end of public comments—
ACTION: Moved by Settle /Marx to adopt Resolution No. 10089 (2009 Series)
recommending that the County Board of Supervisors approve an amendment to the
2008 -2009 CDBG Action Plan allocating $168,435 of CDBG -R funding as follows: 1)
Meadow Park/Mitchell Park ADA Restroom Remodel Project - $104,292. 2) Santa
Rosa Park ADA Restroom Replacement Project - $47,300. 3) Homeless Services
Oversight Council Executive Director - $10,756. 4) CDBG -R Administration (Housing
Programs Manager) - $6,087; motion carried 5:0.
4. STRATEGIC BUDGET DIRECTION: REVENUE FOLLOW -UP.
Director of Finance and Information Technology Statler presented the agenda report.
He and Deputy Utilities Director Bochum responded to questions.
Public Comments
No comments were forthcoming.
City Council Meeting
Tuesday, May 19, 2009
—end of public comments-
Page 8
1
Abrief discussion ensued regarding roll off fees, following which Council concurred to
set at $100 trash roll off fee at this time. If warranted, staff will return with a
recommendation to revise this fee in the future.
ACTION: Moved by Ashbaugh /Carter to conceptually approve the following revenue
actions for 2009 -11 in follow -up to Council direction for added information at the April
21, 2009 meeting: 1) Implement a monthly rate program for child care services that
would retain the current hourly rate as its basis. 2) Implement the use of administrative
citations for open container violations as initially proposed. 3) Set a "trash roll -off' fee of
$100. 4) Establish a new $100 minimum base encroachment permit fee for application
of voluntary work or other public beneficial work in the right of way that does not require
significant staff review (such as traffic control, inspection or design). 5) Implement the
significant fee reduction reflected in the Cost of Services Study for sewer lateral
replacement encroachment permits; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Ashbaugh reported on his recent attendance at the workshop held in
Fresno on Senate Bill 375 (Redesigning Communities to Reduce Greenhouse Gases).
Vice Mayor Settle reported on the activities of the Performing Arts Center Facilities t
Committee, as well as on CaILAFCO activities.
COMMUNICATIONS
None.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 11:12 p.m.
Audrey Hoo
City Clerk /
APPROVED BY COUNCIL: 06/16/09
1