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Home My WebLink About05/20/2008, AGENDA counaL aQcnba CITY OF SAN LUIS OBISPO C ITY HALL, 9 9 0 PAL M STR EET Tuesday, May 20, 2008 4:00 PM SPECIAL MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Dave Romero ROLL CALL: Council Members, Andrew Carter, Christine Mulholland, Allen K Settle, Vice Mayor Paul Brown, and Mayor Dave Romero INTRODUCTIONS INTRODUCTION OF NEW PUBLIC WORKS EMPLOYEES. (WALTER - 5 MINUTES) INTRODUCTION OF NEW UTILITIES EMPLOYEES. (MOSS - 5 MINUTES) PRESENTATION NATIONAL PUBLIC WORKS WEEK PROCLAMATION. (ROMERO - 5 MINUTES) CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. MINUTES OF APRIL 22, AND 30. 2008. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. ® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to including the disabled in all of its services,programs,and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amprification device. For moreagenda infomudtion,ca11781-7100. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection In the City Clerk's office located at 990 Palm Street,San Luis Obispo,during normal business hours. i Council Agenda Tuesday, May 20, 2008 C2. CULTURAL HERITAGE COMMITTEE (CHC) NOMINATION OF PROPERTIES IN THE MONTEREY HEIGHTS NEIGHBORHOOD TO THE MASTER LIST ANb CONTRIBUTING PROPERTIES LIST OF HISTORICAL RESOURCES. (MANDEVILLE/HOOK) RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC), adopt a resolution adding 2243 Santa Ynez to the Master List of the Historic Resources and adding the following properties to the Contributing List of Historic Resources:285, 405, and 495 Buena Vista, 398 San Miguel, 2102, 2122, and 2160 Loomis. C3. ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 1290. 1292 FOOTHILL BOULEVARD AND 123. 135. 137. 175 CRANDALL AVENUE FROM MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) TO HIGH DENSITY RESIDENTIAL (R-4): GP/R 109-05. (MANDEVILLE/LEVEILLE) RECOMMENDATION: Adopt Ordinance No. 1513 (2008 Series) C4. ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 667. 679. 699 MONTEREY STREET AND 1010 THROUGH 1023 BROAD STREET TO C-D- H-S AND 1045 BROAD STREET TO.PF-H (GP/R 64-07) (MANDEVILLE/DUNSMORE) RECOMMENDATION: Adopt Ordinance No. 1514 (2008 Series) C5. ADOPTION OF AN.ORDINANCE AMENDING THE CITY'S STREET NAME AND ADDRESS REGULATIONS OF THE MUNICIPAL CODE TO ELIMINATE OUTDATED PROVISIONS AND TO REFLECT CURRENT PRACTICES. (MANDEVILLEBETZ) RECOMMENDATION: Adopt Ordinance No. 1515(2008 Series) C6. WATER RECLAMATION FACILITY: CLARIFIERS 4 AND 5 MAINTENANCE PAINTING PROJECT—SPECIFICATION NO. 90818. (WALTERIFRASER) RECOMMENDATION: 1. Approve the plans and specifications for Water Reclamation Facility: Clarifier 4 and 5 Maintenance Painting Project, Specification No. 90818 and authorize staff to advertise for bids. 2. Authorize the CAO to award the contract if the lowest responsible bid, plus the accepted alternate, is within the Engineer's Estimate of $320,000. C7. FINAL MAP APPROVAL FOR TRACT 2808. 153 STENNER(TRIER 1-06). (WALTER/DOSTALEI) 2 C Council Agenda Tuesday, May 20, 2008 RECOMMENDATION: Adopt a resolution approving the Final Map for Tract 2808 located at 153 Stenner Street and authorizing the Mayor to execute the subdivision agreement on behalf of the City. C8. TRANSFER OF COMMUNITY PROMOTIONS FUNDING. (STANWYCK/ELKE) RECOMMENDATION: Approve an advancement of$22,400 from the 2008-09 Community Promotions budget to fiscal year 2007-08 to cover tourism promotion fulfillment expenditure. C9. REQUEST FOR QUALIFICATIONS FOR CITY-WIDE RIGHT-OF-WAY ACQUISITION SERVICES. (WALTER/VAN BEVEREN) RECOMMENDATION: 1. Approve the Requests for Qualifications for Right-of-Way Acquisition Services and authorize staff to solicit responses. 2. Authorize the City Administrator to execute an agreement with the top selected consultant or consultants. 3. Authorize the City Administrative Officer to execute purchase orders for individual Right-of-Way service contracts where funding is available in the project account for those services. C10. TRAFFIC SIGNAL, MODIFICATION AT MARSH AND OSOS, SPECIFICATION NO. 90792. (WALTER/HUDSON) RECOMMENDATION: 1. Award a contract to Ehinger Electric of Atascadero, CA in the amount of$175,000 for modification of the traffic signal at Marsh and Osos, Specification No. 90792. 2. Approve a transfer of$14,250 from the Higuera and Granada traffic signal project account to the Marsh and Osos traffic signal account. BUSINESS ITEMS 1. RESULTS OF GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 45 ANALYSIS: ACCOUNTING FOR RETIREE HEALTH CARE BENEFITS. (STATLER -45 MINUTES) RECOMMENDATION: 1. Review and discuss the results of an actuarial valuation by Bartel &Associates of the City's retiree health care plan prepared for compliance with Governmental Accounting Standards Board Statement No. 45 (GASB 45). 2 Conceptually approve funding the City's retiree health care obligations on an actuarial basis in the 2008-09 Financial Plan Supplement via an irrevocable trust but do not execute an agreement and commit funding until State budget issues (and potential impact on cities) are resolved. 2. STATUS REPORT ON 2007-09 MAJOR CITY GOAL: ROLLER HOCKEY RINK AND SKATE PARK IMPROVEMENTS. (KISER - 1 HOUR) 3 Council Agenda Tuesday, May 20, 2008 A SKATE PARK NEEDS ASSESSMENT RESULTS B. ROLLER HOCKEY RINK DESIGN ALTERNATIVES RECOMMENDATION: 1. As recommended by the Parks and Recreation Commission: a. Receive the results of the Santa Rosa Skate Park Needs Study. b. Approve an amount not to exceed $37,000 to develop a Santa Rosa Skate Park Master Plan. c. Authorize staff to spend up to $50,000 on new modular skate park equipment to assure the interim safety of the facility. 2. Receive update on Roller Hockey Rink Expansion Capital Improvement Project. ADJOURN TO A REGULAR MEETING. 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Dave Romero ROLL CALL: Council Members, Andrew Carter, Christine Mulholland, Allen K. Settle, Vice Mayor Paul Brown, and Mayor Dave Romero PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or thems on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons g their Public testimony rights (Gov. Code sec. 54954.2). Staff may be asked m fcllouv up on such items. Staff reports and other written documentation relating to each item referred to on thm agenda are on file in fhe City Clerk's Office in Room 1 of City Hall. PUBLIC HEARINGS 3. PROTEST HEARING REGARDING PROPOSED DOWNTOWN ASSOCIATION ASSESSMENT INCREASE AND POSSIBLE INTRODUCTION OF AN ORDINANCE_ . (STANWYCK/STATLER/DIETRICWCLARK/CASH -30 MINUTES) RECOMMENDATION: 1. Conduct a public hearing to receive testimony regarding the Council's intention to introduce an ordinance increasing the amount of the assessment paid by downtown business operators form 0.00050 of gross receipts to 0.00055 of 4 Council Agenda Tuesday, May 20, 2008 gross receipts, and increase the minimum annual assessment from $25 to $150. 2. Rule upon any protests. 3. If a legally sufficient protest showing is not made, introduce an ordinance increasing the Downtown Parking and Business Improvement Area assessment. 4. ENTERPRISE FUND BUDGET AND RATE REVIEWS. (STATLER/MALICOAT/BISHOP) A. WATER.FUND REVIEW. (MOSSIHENDERSON 15 MINUTES) RECOMMENDATION: Review and accept the 2008 annual water fund financial review. B. SEWER FUND REVIEW. (MOSS/HIX -45 MINUTES) RECOMMENDATION: 1. Review and accept the 2008 annual sewer fund financial review. 2. Direct staff to return in July 2008 with a report on sewer rate structure and/or rate modifications needed to close the projected sewer revenue shortfall upon completion of the sewer rate structure analysis, with implementation of any recommendations in September 2008. 3. Approve the amended Capital Improvement Plan (CIP) for 2007-08 and 2008-09, and rephrasing of the Calle Joaquin Lift Station project. C. PARKING FUND REVIEW. (WALTER/BOCHUM/HORCH -45 MINUTES) RECOMMENDATION: 1. Review and discuss the 2008 Parking Enterprise Fund Review. 2. Before beginning the design of the Palm-Nipomo parking structure, authorize the CAO to execute a consultant services agreement, at a cost not-to- exceed $40,000, to work with an Ad Hoc Parking Fund Review Committee in preparing a report for Council consideration by November 2008 that will include: a. The financial analysis of the Parking Fund to verify its present fiscal condition and project its future conditions with, and without, the Palm-Nipomo parking structure. b. Options and strategies for i. Correcting any identified imbalances under a "no added structure scenario,' if any imbalances are projected; ii. Promoting use of a new parking structure at Palm-Nipomo (should one be built); and iii. Generating sufficient revenues to meet projected construction and operating costs of a new structure at Palm-Nipomo. 3. Appoint a Council member to serve on a six-member Ad Hoc Parking Fund Review Committee, along with one representative from each of the following: Planning Commission, Mass Transportation Committee, Residents for Quality Neighborhoods, Downtown Association and Chamber of Commerce. D. TRANSIT FUND REVIEW. (WALTER/BOCHUMMIEBSTER - 15 MINUTES) 5 Council Agenda Tues ay, May 20, 2008 RECOMMENDATION: 1. Review and discuss the 2008-09 Transit Enterprise Fund Review. 2. Approve minor changes in the Transit Fund budget for 2007-08 and 2008-09 as outlined in the report. E. LAGUNA LAKE GOLF COURSE FUND REVIEW. (KISER - 15 MINUTES) RECOMMENDATION: As recommended by the Parks and Recreation Commission: 1. Review and discuss the 2007-08 annual golf fund financial and rate review. 2. Authorize additional General Fund transfers of$2,700 for 2007- 08 and $1,300 for 2008-09. 3. Approve the Capital Improvement Plan request of $55,000 for barrier netting and pole replacement along Hole#5. 4. Adopt a resolution approving green fee increases of 25 cents per round effective July 1, 2008. BUSINESS ITEMS S. OPPORTUNITY TO HEAR TESTIMONY REGARDING PROPOSED TOURISM BUSINESS IMPROVEMENT DISTRICT. (STANWYCK/ELKE - 10 MINUTES) RECOMMENDATION: Receive public testimony regarding the proposed Tourism Business Improvement District. 6. COUNCIL MEETING CALENDAR. (HAMPIAN/HOOPER—5 MINUTES) RECOMMENDATION: 1. Consider the summer Council meeting calendar and, if necessary, provide direction related to meeting cancellation. 2. Cancel the Regular City Council meeting of Tuesday, November 4, 2008, due to Federal, State, and Municipal Elections. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council of a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURN. 6 Su , fi/� toy /i�x f C/C- tr l � r Phil Cisneros, Brandi Smith, Louie Ortega, Carlton Brown, Anthony Bolin, business ; Producer,co- Sharing The Vice Chair muslcial show , consultant, founder Black Dream musician, Sharing The producer/host, History Month supporter Public Dream;producer/ banned 2007 supporter � community TV events A� host 3yrs withouthearings community shows l Toni Garcia, Shival, Sharing Ingrid Pires, Leon Smith, head Peg Pinard, producer, host The Dream nonprofit of Cal Poly Black former SLO "What's musician/( Executive Student Union, County Napping?" supporter' DifectOr- supporter Supervisor; Community- Community warned about oriented TV Television Charter cable vs. Public Access 1 1 E� I Bud Zuechner, Mary Miller, Lidia McCuene, Michael John Kert, local leader, nonprofit staff, Latino Outreach Lovegene, former Vice Democratic supporter Coordinator, President Sharing Chair Public Party, Public CommunityTV nonprofit, The Dream 13 Access, Access frequent Public Access supporter yrs, producer, pp host producer guest CommunityTV community shows Sy�wr, 7LIe /1IAfc2 6,04 9 r Dr.Joe Abraham, SLO City Jason Reed, Patrick Germany, Rolando Rojas, psychiatrist, Councilman, Paul host, producer producer/host 3 Drug&Alcohol frequent-Public Brown,voted with 'The Nonprofit yrs, banned 2006; Services,Ch 2 Access_gms(- the 5-0 City Show" Founder Cultural guest on Latino supporter Council to fix , Collective/Black Issues and now- Community Channel 2 TV at SLO representative History Month ..•' banned Ch 2 Six Television June 3,2007 ordered City- events O'Clock News o m -- Sandy Allan Patricia Silva Ortiz Regina: Gail ughtfoot, demoted from Public Herrera Brown Access Board AIM Linda Kim Harris Estalla B.J. Davis,talk Prez Washington, Quesenberry t _ Valasquez show producermost, producer 7 years, Cal Poly PhD banned without graduate 2006,part hearings 2007 for of banned minority supporting diversity groups community TV shows Bill Rabanalt, Don Regan former Public Access chair; spoken out about bans on community oriented shows Loading"HI,Audrey.Meeting,questions on your repr_ -n Public Access?-Yahoo!Mail" 5/20/08 6:42 PM u art w&-t,(7—. ROOF MAIL Classic U yl'1 CJL G eKwa,vUy HI, Audrey. Meeting, questions on your report on Public Access? Friday, May 16, 2008 2:46 PM From: "leslieb930@aol.com" <leslieb930@aol.com> To: ahooper@slocity.org Cc: carlton@brownbiz.net, hitmeslo@yahoo.com, raggmusic@aol.com, cmbproductions@gmail.com, lesliebearce@yahoo.com, VEspecial@aol.com,. KIMHARRIS@charter.net, aherrera@co.slo.ca.us, parroyo@gmail.com, bdavis0l@calpoly.edu, cisnerosbiz@gmail.com, dkrieger@charter net, Drdregan@aol.com ............ To: SLO City Clerk Audrey Hooper Subject: -- Official City report to Public Access Board ordering end of violations of Contract with the City of SLO, "discrimination" -- Anti-Jewish, anti-minority, etc. "whistleblowers" still punished? -- Corrections to report? Dear Audrey, Again, many producers and community leaders following Public Access appreciate the interest the San Luis Obispo City Council has shown to look into and help supervise Charters Channel 2 Public Access nonprofit, SLOCOPA, or San Luis Obispo County Public Access.. I was a Founding Board member in 2005 and elected to a two-year term in 2006, then removed "illegally" in 2007 for being a "whistelblower' and standing up for the minorities targeted as "ghost producers" by others wanting to keep their low-priority time slots. As you know, the City has the contract or "Franchise Agreement" with Charter Communications plus a contract with the nonprofit that advises Charter on how to run Public Access. "Equal access", non-discrimination on sex, race, religion, etc. are included in contracts like these. In addition to the positive effects your letter to the SLOCOPA Board have had -- and the 5-0 vote last year against much of what has been going on in Public Access for years -- many are worried that with the major errors still in the City Staff report that more wrongs will be done using that report. Please consider that Staff may have been provided inaccurate information that can now be easily looked into and corrected. Banned producers have heard nothing from the current Board, meetings aren't announced like they used to be or are moved from month to month to different days of the week, and more. You were there when Acting Chair Sal Espana used vulgarities and hand gesters to producers who stood up to this so far just before the March 2008 Election Meeting. You saw how he changed his list of who was given ballots or even who could vote, and how he spent 20 minutes trying to get the SLO City Police to come in and remove law-abiding members of the public. Lots of documentation or proof is available for you to answer the below the questions or others in the two reports given to City officials over http://us.mc576.mai!.yahoo.com/mc/showMessage?fid=PublicAccessE...tfXQaGEhyflwO,&mid=1-182065-4FZkxEIAALOMSC4A3Agd02Z6gtM&pView=1 Page 1 of 4 Loading"HI,Audrey.Meeting,questions on your repo n Public Access?-Yahoo!Mail" 5/20/08 6:42 PM the last month at City Public Comment. People are waiting your answeres. Here are some of the key questions from the City Clerk's report: Regarding the SLOCOPA Board actions over-two years or more: 1) When were any banned or accused producers present at a 2007 or 2008 SLOCOPA Board meeting in which they or others accused of serious actions. Who was present when they were banned? What motion was made and what Board members voted to ban other producers? 2) What evidence was ever presented in video records or witnesses against those accused producers in 2007 and 2008? 3) Were any of the 2007 or 2008 Board members on video record or other records doing exactly what they accused others of doing that they then would ban or warn or put on "probation"? 4) Were rules put in placed and enforced only against 2007 and 2008 Board opposition members that changed the outcome of the Board election this year and last? 5) Weren't there more than one unnamed producer with documentation proving the 2008 and, of course, the 2007 Board elections were not fair, "fixed" or fraudulent? 6) How can the City of San Luis Obispo recognize this nonprofit if those claiming to control it haven't followed the Bylaws in years? How can the City of San Luis Obispo recognize this nonprofit Board if it was told July 3, 2007 to rewrite the convaluted Bylaws, and as of April 2008 announced Bylaws will be rewritten "in six months" to make them more legal? Aren't the Bylaws being rewritten by some of the same people who originally wrote them in secret meetings, banning even producers who were spouses of Board members from knowing what was going on? Regarding Charter Communications local staff: 1) Who is it that the Charter staff you interviewed and referred to in your report were "disruptive" by their "presence"? What occurred and when? Is it true that Charter is on record against only the minorities banned as to being "disruptive" or not welcome at Charter vs. the, non-minorities on record WITH CHARTER of never being a problem for Charter? 2) Wasn't Charter staff involved in influencing Public Access elections in recent years? Didn't Charter staff"support 100%" the producers you and mediation have shown to be in violation of the City of San Luis Obispo contract, SLOCOPA Bylaws, "censorship" of free speech about Charter on Charter shows or "in public", etc.? Did such rules have to be taken back by the 2007 or 2008 Boards? 3) Do shows misplay maybe on a daily basis from what is scheduled? Why is that? 4) Did Charter staff put up signs at Charter banning minorities and others from the telethon for Martin Luther King's birthday celebration, and put in other restrictions or made special statements against producers when many minorities were involved? The answer to that and many other questions is "yes", and is proven in the documentation available to you. 5) What authority does SLOCOPA Boards have to order Charter to do anything? They have no contract with Charter, so doesn't Charter staff just do what they want regarding SLOCOPA's rules or "directives", other than when Charter banned members of the "public" from "Public Access" shows, also with no hearings or meeting with Charter staff? 6) Considering Charter staff is on record stating things like, "I'm not http://us.mc576.mail.yahoo.com/mc/showMessage?fid=PublicAccessE...tfXQaGEhyflwO,&mid=1-182065-4FZkxEIAALOM5C4A3Agd02Z6gtM&pView=1 Page 2 of 4 Loading"HI,Audrey.Meeting,questions on your repo n Public Access?-Yahool Mail" 5/20/08 6:42 PM going to mediate this.", or "I'm just trying to keep my job", or similar to that (see the records), is it possible that Charter Communications has put a lot of pressure on local staff to cut local costs, including Public Access costs, especially making sure it never has to provide the additional Public Access channels it agreed to provide under circumstances similar to those by late 2006? Regarding documented "discrimination": 1) Isn't it known by now to the City Clerk that no female technicians have been included in paid SLOCOPA contracts or projects, even banned or personally attacked by SLOCOPA 2007 and 2008 Board members, all unfoundedly? Isn't that sexual discrimination? 2) Who are the minorities mentioned in your report who allegedly had disagreements with the Board BEFORE they reported discrimination about them or others? Isn't what the City of San Luis Obispo now saying is they MADE UP their allegations because they thought it would help them win some other fight, that they claimed "racism" falsely, despite all the documentation that the City has or should know about by now? 3) Is it true that the City Clerk met for only 15 minutes with the Founder of the "Cultural Collective" and Vice President of Martin Luther King's "Dream" nonprofit of"Sharing The Dream" in her office? Didn't he have more proof to go over before the report was written, and wouldn't City Staff like to hear what that is from him and other minority producers, or others? 4) To report that there "appears" to be "diversity" on the channel or Board leaves out the facts that Channel 2 has only on Hispanic on-air host left, correct? That all the African-American and Asian hosts and nearly all the guests are now gone, other than one or two black preachers. Does the City Cleric believe that is "diversity"? Of all the dozens of Latino people who used to be on Channel 2 regularly, only two are on the Board, yet both first appeared on Channel 2 or started on the air on shows now banned by them. Does that seem odd to the City Staff? Both also are on record not following SLOCOPA rules or their own new rules, including not playing old shows after 30 days of airing or "import" material that also is old, or not allowing one producer to host another's show, as current Chair Sal Espana accused banned Carlton Brown and Patrick Germany of doing. 5) Isn't City Staff concerned about the "establishment" of a religion when almost all religious people preach almost one religion? Is Staff concerned about the diversity of religious expression before the bans but during the time the City of San Luis Obispo funded SLOCOPA and had a contract with Charter itself? These are serious questions that judges and "the court of public opinion" or even the Los Angeles Times or others greater than any of us may have to decide. But they are easy questions for anyone to answer, thanks to the tremendous work by many to DOCUMENT all that has happened. Please consider a revision to your initial report to make sure all the facts available are inlcuded, Audrey. Also, thank you for the time you have spent meeting with me or others, coming to meetings recently and for the City Council showing such interest in this issue. Over 65,000 homes get Charter and Channel 2 is one of the first on the listings. Thousands used to be on the channel and many are determined to restore what was lost and put justice and fairness back in place. http://us.mc576.mail.yahoo.com/mc/showMessage?fid=PublicAccessE...tfXQaGEhyflw0,&mid=1-182065-AFZkxEIAALOM5C4A3Agd02Z6gtM&pView=1 Page 3 of 4 Loading"HI,Audrey.Meeting,questions on your repo- ^n Public Access?-Yahoo!Mail" 5/20/08 6:42 PM I still would tike to meet with you as do others to help answer these key questions as soon as possible. Thank you, Leslie Bearce Founding SLOCOPA Board member 2005 Elected to two-year term 2006-2008 Producer of two shows, still banned by Charter without any hearings or meetings hup:;;u,.mri76. nal l.yahoo.con/Mc11atNMei:age tid=Pub!icArces5E...ttXQ.,GEhyt!wOAmirl=l_1RZ06`_A -_.._.-`s. -..j5CIA'Agc102Z5gt+A&pView=1 ?,^e-1 of 4