Loading...
02/19/2008MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 19, 2008 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice Mayor Paul Brown and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Shelly Stanwyck, Assistant City Administrative Officer; Christine Dietrick, Assistant City Attorney; Audrey Hooper, City Clerk; John Mandeville, Community Development Director; Bill Statler, Finance and Information Technology Director; Jay Walter, Public Works Director; Betsy Kiser, Parks and Recreation Director; Tim Bochum, Deputy Director Public Works; Ashley - - - - -- Lopez, Parks and Recreation Public Information Officer - - - - - -- - - ------------------------------------------------------------------------- PRESENTATIONS CALIFORNIA CHILDREN'S OUTDOOR BILL OF RIGHTS PROCLAMATION. Parks and Recreation Director Kiser and Public Information Officer Ashley Lopez received a proclamation recognizing the Children's Outdoor Bill of Rights and encouraging children's participation in outdoor activities throughout the year. Council Member Settle noted, for the record, the value of this proclamation and the importance of legislators keeping the parks open for young people. SPAY DAY PROCLAMATION. Pamela Werth, Feline Network Volunteer, received a proclamation proclaiming February 26, 2008, as "Spay Day USA." PUBLIC COMMENT David Brodie, San Luis Obispo, discussed the importance of small, local businesses in the downtown and expressed concern regarding the impact of City Council Meeting Tuesday, February 19, 2008 Page 2 housing on this retail sector. He asked Council to explore all possibilities in order to circumvent potential downtown problems. Stephan Lamb, San Luis Obispo, expressed concern regarding the process being pursued to amend the Mitchell Park Master Plan and suggested that a new Senior Center be built instead of paving over a portion of the park. Jules Rogoff, San Luis Obispo, asked for clarification regarding the increased in- lieu parking fees that will be discussed tonight as a public hearing item. CAO Hampian explained that the proposed fees pertain to property within the downtown and that these fees are paid at the time a building permit is pulled. If permits haven't been pulled prior to the fees being approved, the new fees will apply. Paul Boniour, San Luis Obispo, expressed his continuing concerns regarding garbage not being picked up at Laguna Lake Park. Chris Matthews, SLO County resident, discussed his participation in and the activities that will be held during Black History Month in February. He suggested that the contract with SLO County Public Access (SLOCOPA) is being violated in that producers are being discriminated against. He questioned the legality of the fees being charged and the manner in which the Board elections are held. Patrick Germany, SLO County resident, also expressed concerns about SLOCOPA, particularly that there is discrimination and that the membership fees have been increased. By consensus, Council asked that the City Clerk investigate and report back to them on the complaints regarding SLOCOPA. CONSENT AGENDA Council Member Mulholland asked that item C4 be pulled for discussion. Council Member Mulholland expressed appreciation to staff for answering questions related to item C3, and noted that the playground equipment is of the highest quality and is made in the U.S. ACTION: Moved by Carter /Mulholland to approve Consent Agenda items C1, C2, C3 and C5. Motion carried as indicated below. C1. MINUTES OF JANUARY 22 AND 30. 2008. MEETINGS. ACTION: Moved by Carter /Mulholland to waive the oral reading and approve as presented; motion carried 5:0. City Council Meeting Tuesday, February 19, 2008 Page 3 C2. 2008 JOINT USE AGREEMENT BETWEEN THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AND CITY OF SAN LUIS OBISPO FOR USE OF FACILITIES AND PROVISION OF PROGRAMS. ACTION: Moved by Carter /Mulholland to, as recommended by the Joint Use Committee and the Parks and Recreation Commission: 1. Adopt Resolution No. 9959 (2008 Series) approving the Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo for joint use of facilities and provision of programs. 2. Authorize the Mayor to sign the agreement; motion carried 5:0. C3. FRENCH P ACTION: Moved by Carter /Mulholland to: 1. As recommended by the Parks and Recreation Commission, approve plans and specifications for "French Park Play Equipment Replacement Project, Specification No. 90418" and authorize staff to advertise for bids for project construction. 2. Authorize the CAO to award the contract if the lowest responsible bid, plus the accepted alternate, is within Engineer's Estimate of $91,375. 3. Authorize the Finance Manager to issue Purchase Orders (after bid opening and construction contract award) to GameTime in an amount not to exceed $43,000 for the purchase of play equipment pursuant to U.S. Communities Contract No. 040376; motion carried 5:0. Item C4 was pulled for discussion and acted on separately. C4. MEMORANDUM OF UNDERSTANDING (MOU) FOR AIR POLLUTION MITIGATION MEASURES FOR IRISH HILLS PLAZA DEVELOPMENT. Susan Ellenbogen expressed concern that the bike path will not continue into the downtown. Council Member Mulholland expressed concern that more understanding is needed about how this project will connect to the downtown. Carol Florence, Principal Planner with Oasis Associates and representative for Madonna Enterprises, discussed the history of the MOU, the impetus it may serve to encourage SLOCOG to provide additional funding to connect to the other side of Marsh Street, and its importance so that she can move forward with the design process for the proposed bike path. She responded to questions raised by Council Member Mulholland. ' Following a brief discussion during which staff responded to questions, Council asked that the recommendation by Adam Fukusima (on file in the City Clerk's City Council Meeting Tuesday, February 19, 2008 Page 4 office) to add lighting to the proposed path be taken into consideration and that the early design include a proposed solution to make a connection as soon as possible to the easterly side of the freeway. ACTION: Moved by Settle /Brown to: 1. Approve a Memorandum of Understanding (MOU) between the City of San Luis Obispo, the Air Pollution Control District (APCD) and Madonna Enterprises to develop a Class I bikeway to satisfy an air quality mitigation measure for the Irish Hills Plaza development and authorize the Mayor to execute the MOU on behalf of the City. 2. Direct staff to present Council with an Easement Agreement at a later date governing the rights and responsibilities of Madonna Enterprises and the City concerning the Class I bikeway over Madonna Enterprises' property. 3. Waive application and permit fees related to this property; motion carried 5:0 with comments indicated above. C5. COMMUNITY D ACTION: Moved by Carter /Mulholland to: 1. Approve specifications for Community Development Block Grant (CDBG) Curb Ramp Installation and Modification, Specification No. 90738, and authorize staff to advertise for bids. 2. Authorize the CAO to award to the lowest responsible bidder if it is within the . Engineer's Estimate; motion carried 5:0. PUBLIC HEARINGS 1. PARKING IN -LIEU FEES. Public Works Director Walter introduced this item, following which Deputy Director Public Works Bochum made the staff presentation. They, CAO Hampian and Finance & IT Director Statler responded to questions. Mayor Romero opened the public hearing. Deborah Cash, Downtown Association (DA) Administrator, explained why the Board of Directors opposes an increase in these fees at this time (memo on file in the City Clerk's office). Joseph Abrahams, San Luis Obispo, suggested that a broader survey should be undertaken to find out what other areas are doing before implementing the proposed increase. Mayor Romero closed the public hearing. Council Member Carter discussed his concerns regarding the City's parking fund, explained why he supported implementing the proposed new fees immediately, City Council Meeting Tuesday, February 19, 2008 Page 5 and explained why a time frame should be set when the developer's cost for 1 every parking space should be increased to 60% and the City should allocate 40% from the General Fund because the Parking Fund is being used as a redevelopment tool to generate incremental sales tax and Transient Occupancy Tax (TOT) for the General Fund. Vice Mayor Brown expressed concern that raising the costs to more than 40% would cause developers to install individual spaces, which would not coincide with what the City is trying to create for the downtown. He agreed, however, that consideration must be given to whether to allocate general funds to finance future centralized parking in the downtown. Council Member Mulholland concurred with the comments made, but expressed disappointment that this matter is being acted on prior to a workshop being held at the Library on parking issues. She suggested that large projects which could potentially create a parking deficit should pay more of the costs. She asked Council to consider establishing a different fee schedule, including graduated fees depending on the number of public spaces lost. Council Member Settle discussed the difference an economy of scale makes to large and small businesses. He spoke in support of a more graduated approach and postponing implementing fees for six months in light of the downtown economy. He opposed the current recommendation. Mayor Romero spoke in support of the staff recommendation and said that it is important to update these fees on a regular basis. In reponse to a suggestion made by Council Member Carter, Finance & IT Director Statler concurred that it may be possible to use the Construction Cost Index when considering future fee increases (including other fees currently tied to the Consumer Price Index such as parking/sewer and water impact fees). Council Member Mulholland clarified that she will support the motion because she wants the increased fee in place prior to the development of some of the current major projects. However, she said she does not want this matter to be delayed for so many years before it is brought back to Council. She concurred with Council Member Carter's suggestions and reiterated that she wants consideration to be given to graduated fees and the cost of parking to be considered throughout the City and not just in the downtown. ACTION: Moved by Brown /Carter to adopt Resolution No. 9960 (2008 Series) establishing parking in -lieu fees at $16,400 per required space effective immediately; motion carried 4:1 (Settle opposed). A brief discussion ensued related to the possible establishment of an ad hoc committee or existing advisory body to address how to fund a future garage. City Council Meeting Tuesday, February 19, 2008 Page 6 CAO Hampian indicated that the matter of the Palm - Nipomo garage will be brought before Council as a Downtown Improvement Goal. He suggested that funding options be included in that report and discussion be held as to the best way to develop this strategy. Council concurred. Council Member Carter then moved that $1 million be transferred from the General Fund to reimburse the Parking Fund prior to the end of 2009 -2011 to offset the subsidy provided to the Court Street project several years ago. Motion failed due to lack of a second. Council Member Mulholland stated for the record, that at that time Council allowed the Copeland's to obtain the public's land at a low cost and so she disagreed with having the public pay for it again by transferring the funds as moved by Council Member Carter. Council recessed from 9:15 to 9:25 p.m. and the meeting reconvened with all members present. BUSINESS ITEMS 2. 2007 -08 MID -YEAR BUDGET REVIEW. Finance Director Statler commenced the staff presentation with the status of the budget, following which Assistant CAO Stanwvck provided Council with a report on the status of the Major City Goals. CAO Hampian explained that there has been a change to the Senior Citizens Facility Goal. He explained that a CEQA issue has been introduced into the process because the Cultural Heritage Commission (CHC) recommended against changing the Master Plan since it will change the historical context of the premises. A CEQA process will change the timeframe for when this matter comes to Council. Community Development Director Mandeville responded to questions related to the original building and its placement on the Master List, which necessitates that the site be treated as a historic site. As a result, and with the decision of the CHC, staff felt that an evaluation must be made of whether this constitutes a significant impact. Discussion ensued regarding the need to revise the schedule for considering the Master Plan amendment as a result of the CEQA process, which means the amendment would not be brought to Council before May 6th. The question was whether it was Council's desire to hold the meeting on March 18th to receive public input and then decide whether to proceed with this goal. City Council Meeting Tuesday, February 19, 2008 Page 7 Council Member Settle stated his preference to delay further consideration until May. Council Member Mulholland disagreed and said she would prefer to hear the community's concerns in March and make a decision as to whether or not to move forward with further environmental determinations. She thought that the environmental determination should be made before it goes to the Architectural Review Commission (ARC) and the ARC meeting, at least, should be delayed. Council Members Carter, Brown and Mayor Romero concurred with Council Member Settle to delay further consideration until May. Staff answered questions and Council commented on different components of the Mid -Year Budget Review document. The following specific requests were raised. Council Member Mulholland asked that the Windemere Condominium Association be added to the list of stakeholders for the Prefumo Creek Bicycle and Pedestrian Bridge Capital Improvement Plan Management Program. Council Member Settle concurred. Council Member Mulholland referred to a letter to Council from the Laguna Neighborhood Association regarding ongoing concerns with the Laguna "get- away" to Prefumo Creek. She asked that consideration be given to adding to the Action Plan cleaning out these areas of concern. Public Works Director Walter explained that a thorough evaluation will be done to make the creek flow more efficiently and that the project will be undertaken this summer. Council Member Mulholland pointed out that there is nothing under Affordable Housing related to a mobile home protection ordinance or mobile home zoning. She suggested that a mobile home is one of the most affordable types of units. Council Member Carter concurred. Assistant City Attorney Dietrick explained that a draft conversion ordinance is in the process of being circulated, and it is expected that it will be brought to Council within the next few months. Public Comments ' None. - - -end of public comments -- City Council Meeting Tuesday, February 19, 2008 Page 8 ACTION: Moved by Mulholland /Brown to approve revenue and expenditure changes presented in the accompanying Mid -Year Budget Review document; motion carried 5:0. None. COUNCIL LIAISON REPORTS COMMUNICATIONS Vice Mayor Brown noted the Amgen Tour of California will take place this Thursday. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:38 p.m. ovo 4't-e 174, Audrey Hoo r City Clerk APPROVED BY COUNCIL: 3/04//08 u