HomeMy WebLinkAbout09/18/2007MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 18, 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
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.
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
list 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 SLOBID on a future agenda.
Vice Mayor Mulholland announced vacancies on the following City advisory bodies:
Construction Board of Appeals, Joint Use of Recreational Facilities Committee and the
Tree Committee. Members of the public should contact the City Clerk's office at 781 -7100
if they are interested in serving on one of these committees.
PUBLIC COMMENT
Dianna Christy- Votaw, 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.
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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 Morro Street (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. Altman's suggestion.
Leslie and Ron Bearce, San Luis Obispo, expressed appreciation to Council for its prior
direction to the producers and Board of Directors to enter into mediation to resolve SLO
County Public Access issues.
Sifu Kelvin - Harrison, San Luis Obispo, discussed his continuing concerns regarding
personal harassment
Tenn Mohan, San Luis Obispo, spoke in opposition to secondary housing units, expressed
disappointment 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 petition related
to the City's water rates.
Dave Garth, 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 Grateza expressed interest in serving on the Construction Board of Appeals. She
also expressed appreciation for the direction Council gave SLO County Public Access
(SLOCOPA) Board Members and Producers related to mediation. She distributed copies of
related articles. 1
Gary Fowler, San Luis Obispo, noted the need for bicyclists to conform with traffic laws,
suggested that signs ( "no parking," "bike lane ") need to be replaced on California and
Chorro, and noted that the initiative opposing the increased water rates and Nacimiento
Water Project is proceeding.
Pragma Patel spoke in support of a citywide BID. She pointed out that if a SLOBID is
implemented, it will not discourage cooperation with the rest of the county.
CONSENT AGENDA
Mayor Settle requested that item C2 be pulled for discussion.
Vice Mayor Mulholland said that she will be voting no on items C2 and C5 for reasons that
have been expressed previously. She referred to item C8 and expressed appreciation to
staff and the Fleet Capital Improvement Project Committee for considering clean emission
vehicle opportunities for the City.
ACTION: Moved by Carter/Brown to approve the Consent Agenda as recommended
by the City Administrative Office, with the exception of item C2, which was pulled
from the Consent Agenda and considered later; motion carried as indicated below.
C1. MINUTES OF TUESDAY, SEPTEMBER 4, 2007.
ACTION: Moved by Carter/Brown to waive oral reading and approve as presented;
motion carried 4:0 (Romero absent).
Item C2 was heard following the other Consent Agenda Items.
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Tuesday, September 18, 2007
Page 3
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
Elizabeth Abrahams, 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 Schrage, San Luis Obispo
Joseph Abrahams, San Luis Obispo
Susan Hoffman, 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 will result in a loss of historic buildings, it will fail to result in more
affordable housing, and it will create parking 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 made that the proposed action makes a mockery of the
democratic process. Additionally, Mr. Lucas suggested that Council Member Brown has a
' conflict of interest because of his downtown business.
City Attorney Lowell addressed the matter 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 may be permitted to build to that same 75 -foot limit
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 it 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, 18704.2, 18705.2 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 Lowell 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 competitors 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 limit
standards will result in a material financial effect on Council Member Brown's financial
interests.
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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 did 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 focus 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 that 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 interested in reconsidering that decision.
Community Development 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 list, and pointed
out that the environmental impact review process will provide protection for historic
properties. He rebutted 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 Brown/Carter to adopt Ordinance No. 1509 (2007 Series),
amending the Zoning Regulations to implement increased building height and
intensity 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 -07).
C4.
ACTION: Moved by Carter/Brown 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).
ACTION: Moved by Carter /Brown to Appropriate $35,000 from available fund
balance in the Law Enforcement Grant Fund/Traffic Impound Account to purchase
citation printers and operating software for each police vehicle as part of a grant- 1
funded electronic collision reporting and citation project; motion carried 4:0
(Romero absent).
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Tuesday, September 18, 2007
C5. FINAL MAP FOR TRACT 2707, 953 ORCUTT ROAD (TR 151 -03, GPA/ER 114 -021.
ACTION: Moved by Carter/Brown 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. STREETSMARTO STREET LIGHT MONITORS.
ACTION: Moved by Carter/Brown 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 StreetSmarW 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 Carter/Brown 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 identified 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 Carter/Brown to: 1. Approve the Notice Inviting Bids for seven
compact pickup trucks under Specification No. 90794. 2. Authorize the City
Administrative Officer to award a purchase order to the lowest responsible bidder
if the bid price does not exceed the amount budgeted by more than ten percent;
motion carried 4:0 (Romero absent).
PUBLIC HEARINGS
EXPENDITURE PLAN FOR 2007 -08 CALIFORNIA SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND.
Police Chief Linden presented the staff report.
Vice Mayor Mulholland opened the public hearing.
No comments were forthcoming.
Vice Mayor Mulholland closed the public hearing.
ACTION: Moved by Settle/Brown 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
City Council Meeting
Tuesday, September 18, 2007
Page 6
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 & 1314 PALM STREET, TR 11 -07).
Deputy Community Development Director Davidson presented the staff report. He indicated
that, and explained why, staff supports the request from the applicant to revise Condition #1,
to read: Provisions for electric vehicles shall be included as part of the purchase of five of
the units ......
Vice Mayor Mulholland opened the public hearing.
Lou Smith, 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 Mulholland 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 #1 the project will have
substandard parking. As a result, she said she would oppose the project.
ACTION: Moved by Settle/Brown to adopt Resolution No. 9930 (2007 Series),
approving a tentative tract map to create ten airspace residential condominiums
located at 1302 & 1314 Palm Street (TR 11 -07). The motion included the following
amendment to Condition #1: Provision forelectric vehicles shall be included as
part of the purchase of five 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 (2238 BROAD
STREET, TR 62 -05).
Deputy Community Development Director Davidson presented the staff report and
responded to questions raised by Vice Mayor Mulholland.
Vice Mayor Mulholland opened the public hearing.
Tim Walters, FIRM Design Group, representing the applicant, was available to answer
questions. None were forthcoming.
Vice Mayor Mulholland closed the public hearing.
Council Member Settle noted that, although mitigations are in place, this project is in the
proximity of the railroad and may result in noise issues.
ACTION: Moved by Brown /Carter to adopt Resolution No. 9931 (2007 Series) which
1) Reaffirms Council's prior approval (July 18, 2006) of a Mitigated Negative
Declaration of environmental impact. 2) Approves the Tentative Tract Map to
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Tuesday, September 18, 2007
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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
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 Papich. President of Papich Construction, expanded on Mr. Newsom's comments
particularly related to the City'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 Works Director Walter and Assistant CAD
Stanwyck discussed the City's use of the a -bid board system for posting plans and
specifications for more than a year, as well as the hundreds of other agencies that have
been using this automated system.
Mr. Papich explained that his company is registered to use the a -bid board system, but
expressed concern that there was no indication in the City's bid documents that a company
must register 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 CAD 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 12"' Integrated Waste Management
Authority Board meeting.
COMMUNICATIONS
Council Members Carter 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 Ho ity
APPROVED BY COUNCIL: 10116107