HomeMy WebLinkAbout11/17/2009, B3 - REMOVAL OF MEMBER OF TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) BOARD; MODIFICATION OF TBID ORDIN counat M °�°// /-� o
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CITY O F SAN LUIS O B I S P O
FROM: City Council Member Andrew Carter and Vice Mayor Allen Settle,
City Council Liaisons to the TBID Board
Prepared By: Jonathan Lowell, City Attorney
SUBJECT: REMOVAL OF MEMBER OF TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) BOARD; MODIFICATION OF TBID ORDINANCE TO
REQUIRE MEMBER BE IN GOOD STANDING
RECOMMENDATION
1) Remove Robert Mueller from the TBID Board and direct the City Clerk to initiate the process
to fill the vacancy.
2) Introduce an ordinance modifying Chapter 12.42 of the San Luis Obispo Municipal Code to
specify a member of the TBID Board shall be in good standing to continue to serve in such
position.
DISCUSSION
The City Council created a Tourism Business Improvement District last year with support from
local hoteliers. The TBID exists "to provide revenue to defray the costs of services, activities
and programs promoting tourism which will benefit the operators of hotels in the district through
the promotion of scenic, recreational, cultural and other attractions in the district as a tourist
destination." The TBID is funded by a levy of an assessment of two percent of the gross rent
charged by each hotel operator per night. The TBID Board is made up of seven representatives
of operators of hotels within San Luis Obispo. The TBID Board makes recommendations
regarding the implementation of programs and activities funded through the district's
assessments, prepares an annual report to the City Council on such programs and activities, and
advises upon such other matters as contemplated under Chapter 12.42 and the state Parking and
Business Improvement Area Law of 1989.
Robert Mueller is a local hotelier who was appointed by Council to serve on the TBID Board
since its inception last year. In recent months, two hotels that Mr. Mueller is connected with
have failed to remit to the City monthly TBID assessments. (In addition, transient occupancy
taxes collected from guests have not been timely remitted to the City.) The City Council liaisons
to the TBID Board, have previously advised Mr. Mueller of the need to bring these payments up
to date if he wishes to remain an effective member of the TBID Board. At the time of this
writing, the hotels Mr. Mueller represents are still in arrears on assessment payments. (The issue
of payment of past due TBID assessments and TOT taxes is separate from the issue of removal of
Mr. Mueller from the TBID Board. Procedures and processes are in place to ensure payment of
assessments and taxes, and those are occurring independently of this action pertaining to removal
from service on the TBID Board.)
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Tourism Business Improvement District Board Removal, Ordinance Modification Page 2
Pursuant to San Luis Obispo Municipal Code section 12.42.100, "members of the TBID Board
shall serve at the pleasure of the City Council and may be removed by the City Council at any
time." Thus, the City Council has the authority to appoint and remove members of this advisory
body as it deems appropriate. In this particular instance, where a member of the TBID Board is
participating in decisions regarding the expenditure of TBID funds,. yet fails to pay the
assessment that similarly situated hoteliers are making, it is not appropriate for him to continue in
this role and removal is warranted.
To lessen the likelihood of such a situation arising in the future, attached for Council
consideration is a draft ordinance amending San Luis Obispo Municipal Code section 12.42.100
to specifically provide that a member of the TBID Board must be in good standing to serve in
such a position. Specifically, the following language is proposed to be added: "Members of the
TBID board shall serve in good standing; failure to pay assessments levied under this chapter or
to pay transient occupancy taxes to the city shall result in removal from the TBID board."
CONCURRENCES
The Director of Finance and Information Technology concurs with this recommendation.
FISCAL IMPACT
This action has a minimal fiscal impact, but for staff time and resources associated with
recruiting to fill the position.
ALTERNATIVES
Take no action. The City Council's liaisons have provided Mr. Mueller several opportunities to
rectify this situation prior to making this recommendation and report to the entire City Council,
thus, it is not recommended that the Council fail to act at this time.
ATTACHMENTS
1. Legislative Draft
2. Draft Ordinance
T:\Council Agenda Reports\City Attorney CAR\TBID Removal of Member and Modification of TBID Ord.DOC
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ATTACHMENT �.
12.42.100 Advisory body.
An advisory body comprised of seven members is hereby created.to carry out the
functions of an advisory board under Section 36530 of the law. Said advisory body shall
be referred to as the tourism business improvement district board or TBID board. The
members of the TBID board shall be appointed following the city's recruitment guidelines
for advisory bodies. All applicants and members must be operators of hotels within the
district, or employed by the operator of such a hotel. The length of the term for each
individual member of the TBID board shall follow the guidelines of all city advisory
bodies and is limited to eight subsequent years. Members of the TBID board shall serve
in good standing:failure to pay assessments levied under this chapter or to pay transient
occupancy taxes to the city shall result in removal from the TBID board. Members of the
TBID board shall serve at the pleasure of the city council and may be removed by the
city council'at anytime. If a member no longer represents the lodging establishment for
which he or she was selected to the TBID board, his or her seat will be vacated and a
new member will be appointed. The TBID board shall review the implementation of this
chapter, the implementation of programs and activities funded through this chapter, and
advise the city council on the amount of the district's assessments and on the services,
programs, and activities to be funded by the assessments, and shall perform such other
duties as required by the law, including preparing the annual report required by Section
36533 of the law. The annual report shall be submitted to the city council no later than
ninety days before the new budget year. The city council shall ensure that the TBID
board has timely access to all public information regarding collection, disbursement, and
uses of the funds collected under the terms of this chapter.
13313
ATTACHMENT
ORDINANCE NO. (2009 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING '
SECTION 12.42.100 (ADVISORY BODY) OF CHAPTER 12.42 (TOURISM BUSINESS
IMPROVEMENT DISTRICT) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC
PLACES) OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, the Tourism Business Improvement District (TBID) Board plays an
important role in the promotion of hotels in the City of San Luis Obispo; and
WHEREAS, all hoteliers are expected to pay timely pay TBID assessments levied under
local and state law; and
WHEREAS, those who serve on the TBID Board are expected to be in good standing,
that is, to pay their assessments and taxes, and otherwise conduct themselves in a manner
appropriate to service in such an appropriate role;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Existing Section 12.42.100 (Advisory Body) of Chapter 12.42 (Tourism
Business Improvement District) of Title 12 (Streets, Sidewalks and Public Places) of the San
Luis Obispo Municipal Code is hereby repealed.
SECTION 2. New Section 12.42.100 (Advisory Body) of Chapter 12.42 (Tourism
Business Improvement District) of Title 12 (Streets, Sidewalks and Public Places) of the San
Luis Obispo Municipal Code is adopted to read as follows:
12.42.100 Advisory body.
An advisory body comprised of seven members is hereby created to carry out the functions of an
advisory board under Section 36530 of the law. Said advisory body shall be referred to as the
tourism business improvement district board or TBID board. The members of the TBID board
shall be appointed following the city's recruitment guidelines for advisory bodies. All applicants
and members must be operators of hotels within the district, or employed by the operator of such
a hotel. The length of the term for each individual member of the TBID board shall follow the
guidelines of all city advisory bodies and is limited to eight subsequent years. Members of the
TBID board shall serve in good standing; failure to pay assessments levied under this chapter or
to pay transient occupancy taxes to the city shall result in removal from the TBID board.
Members of the TBID board shall serve at the pleasure of the city council and may be removed
by the city council at any time. If a member no longer represents the lodging establishment for
which he or she was selected to the TBID board, his or her seat will be vacated and a new
member will be appointed. The TBID board shall review the implementation of this chapter, the
implementation of programs and activities funded through this chapter, and advise the city
council on the amount of the district's assessments and on the services, programs, and activities
0
Ordinance No. 2009 Series) ATTACHMENT(
Page 2
to be funded by the assessments, and shall perform such other duties as required by the law,
including preparing the annual report required by Section 36533 of the law. The annual report
shall be submitted to the city council no later than ninety days before the new budget year. The
city council shall ensure that the TBID board has timely access to all public information
regarding collection, disbursement, and uses of the funds collected under the terms of this
chapter.
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the day of 2009, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of
2009, on the following vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano
Interim City Clerk
APPROVED AS TO FORM:
JJqathanP. Lowell
City Attorney
33_5
Mtr-TING AGENDA
DATE / ITEM #
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 13, 2009— 12:00 NOON
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx,
and Mayor Dave Romero
Vice Mayor Allen K. Settle was seated at the dais at 12:15 p.m.
Council Member Ashbaugh left the meeting at 12:30 p.m.
City Staff
Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly
Stanwyck, Assistant City Manager, and Elaina Cano, Interim City
Clerk, were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGENCE
STUDY SESSION
1. GEOGRAPHIC INFORMATION SERVICES.
Public Works Director Walter introduced this item, following which Public Works
Administrative Services Mana-ger Smith and GIS Supervisor Yun presented the
agenda report and responded to questions.
ACTION: Council received an informational presentation by Public Works staff
about the function and benefits of the Geographic Information Services (GIS)
Program.
There being no further business to come before the City Council, Mayor Romero
adjourned the meeting at 1:07 p.m.
Elaina Cano
Interim City Clerk
APPROVED BY COUNCIL: 11/17/09
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MINUTES
SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL.
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 20, 2009
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
4:00 P.M. — SPECIAL MEETING
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx,
Vice Mayor Allen K. Settle and Mayor Dave Romero
City Staff
Present: Ken Hampian, City Manager, Jonathan Lowell; City Attorney, Shelly
Stanwyck, Assistant City Manager, and Elaina Cano, Interim City
Clerk, were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
STUDY SESSION
1. PUBLIC SAFETY IMPACT OF ALCOHOL OUTLETS IN SAN LUIS OBISPO.
Police Chief Linden introduced this item, following which Dr.fried Wittman.
President of CLEW Associates presented the report and responded to questions.
Public Comment
David Brodie, San Luis Obispo, spoke about his concerns regarding alcohol
consumption in the downtown area and support of staff's proposed strategies.
Todd Newman, Manager at Downtown Brewing Company, spoke about his concern
with the study included in the staff report. Mr. Newman said that he would be willing
to work with the City to improve the current conditions.
Sean Faries, Owner of Native Lounge, spoke about his concern regarding morphing
and suggested alternatives.
James Walls, Zeta Beta Tau, stated that he and his fraternity would like to be
involved in the process.
Ron Meier, Owner of Mo-Tavern, spoke about his concern regarding the validity of
the study.
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Bill Hales, Restaurant and Bar owner, spoke about his concerns with the information
submitted in the study.
Michael Coughlin, San Luis Obispo, spoke in opposition of the study.
Mary Mitchell-Leitcher, The Soda Water Works, spoke about her concerns regarding
parking and safety in the downtown area.
Paul Brown, San Luis Obispo, spoke about his concerns with the information
submitted in the study..
Gary Fowler, San Luis Obispo, encouraged the City staff to include other agencies
and local residents in future solution planning.
Sandra Rowley, San Luis Obispo, spoke about her concerns regarding the overall
dinning experience in the downtown area.
Ermina Karim, Chamber of Commerce, agreed that there are issues that need to be
addressed as so stated in the study. Ms. Karim also stated her concerns with the
study.
Andrea Miller, Owner of Spikes, spoke about her concerns regarding the study.
Kathi Main, Kevin Main Jewelers, acknowledged the problems in the downtown
area. Ms. Main spoke in support of working toward solutions with the City.
Deborah Cash, Executive Director of the Downtown Association, acknowledged the
problems in the downtown area. Ms. Cash suggested additional strategies.
Myrian Ofaizola, Black Sheep Bar and Grill and Buffalo Bar owner, spoke about her
concern with the study included in the staff report. Ms. Ofaizola said that she would .
be willing to work with the City to improve the current conditions.
Ben Arrona, San Luis Obispo, spoke about his concerns with the information
submitted in the study.
Closed Public Hearing
City Manager Hampian stated that in order to ensure the City can effectively
address the impacts of retail alcohol outlets, a study was necessary to begin that
process. Mr. Hampian expressed that there is a need for extensive consultation
with stakeholders as the City looks for solutions.
Dr. Whittman responded to the question regarding documenting multiple years of
data activity and other Council questions.
City Council Meeting Page 3
Tuesday, October 20, 2009
Council discussion ensued regarding the findings in the study. There was general
consensus that staff should review all strategies and return with recommendations.
ACTION: Moved by Ashbaugh/Carter to direct staff to develop policy
recommendations in collaboration with affected stakeholders to include a
consideration of a long range planning entertainment district; motion carried 5:0.
The Special Meeting adioumed at 6:39 p.m.
7:00 P.M. — REGULAR MEETING
Mayor Romero called the Regular Meeting to order at 7:06 p.m. All Council
Members were present.
INTRODUCTION
Director of Finance & Information Technology Statler introduced new employee,
Ameron Judge.
PRESENTATIONS
City Volunteer Joe Carotenuti spoke about the City's Historic Preservation Project
and donations made by groups and individuals. Mayor Romero then presented
Certificates of Appreciation to representatives from PACE and to Dean Miller on
behalf of the Mattison Family for their restoration efforts.
Mayor Romero presented James Kushing with a proclamation naming him San Luis
Obispo's Poet Laureate for 2010.
APPOINTMENT
Al. APPOINTMENT RECOMMENDATION TO THE CULTURAL HERITAGE
COMMITTEE.
ACTION: Moved by Ashbaugh/Carter to, by motion, appoint Kenneth 'Buzz"
Kalkowski to the Cultural Heritage Committee (CHC) effective on October 20, 2009,
and expiring on March 31, 2011, as recommended by the Council Subcommittee;
motion carried 5:0.
PUBLIC COMMENT
There were no public comments.
CONSENT AGENDA
ACTION: Moved by Settle/Carter to approve the Consent Agenda as indicated below.
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C1. MINUTES OF SEPTEMBER 15, 2009.
ACTION: Moved by Settle/Carter to waive oral reading and approve as modified;
motion carried 5:0.
C2. UPDATING ARCHAEOLOGICAL RESOURCE PRESERVATION PROGRAM
GUIDELINES: CITY OF SAN LUIS OBISPO, APPLICANT (CHC 85-08).
ACTION: Moved by Settle/Carterto, as recommended by the Cultural Heritage
Committee, adopt Resolution No. 10120 (2009 Series) updating Archaeological
Resource Preservation Program Guidelines; motion carried 5:0.
C3. BOB JONES TRAIL ENHANCEMENTS, SPECIFICATION NO. 90888.
ACTION: Moved by Settle/Carterto: 1. Approve the Plans and Specifications for
the Bob Jones Trail Enhancements, Specification No. 90888. 2. Authorize staff to
advertise for construction bids. 3. Authorize the City Manager to award a
construction contract if the lowest responsible bid is less than the Engineer's
Estimate of$290,000; motion carred 5:0.
C4. ROSEMONT PUMP STATION REPLACEMENT.
ACTION: Moved by Settle/Carter to: 1. Approve the Plans and Specifications for
the Rosemont Pump Station Replacement, Specification No. 90450. 2. Authorize
the staff to advertise for construction bids. 3. Authorize the City Manager to award a
construction contract if the lowest responsible bid is less than the Engineer's
Estimate of$235,000; motion carried 5:0.
C5. REQUEST FOR PROPOSALS: FIRE STATION ALERTING SYSTEM.
ACTION: Moved by Settle/Carter to approve the request for proposals (RFP) for
installation of a new fire station alerting system and authorize the City Manager to
award the contract if within the budget of$292,600; motion carried 5:0.
C6. COUNTY ANIMAL SERVICES CONTRACT EXTENSION FOR FY 2009-10.
ACTION: Moved by Settle/Carter to approve an amendment to the agreement with
the County of San Luis Obispo for the continued provision of Animal Control
Services from July 1, 2009 to June 30, 2010 in the amount of$200,256 and
authorize the Mayor to execute the contract; motion carried 5:0.
C7. RETROFIT FIVE TRUCKS WITH DIESEL PARTICULATE-MATTER
FILTERS, SPECIFICATION NO. 90988.
ACTION: Moved by Settle/Carter to: 1. Appropriate funding in the amount of
$66,470 from the Capital Improvement Program Reserve account to retrofit five (5)
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trucks with diesel particulate-matter filters and installation of a filter maintenance
system at the Corporation Yard. 2. Approve the transfer of$66,470 from the CIP
Reserve Account to the projects' equipment acquisition account for the purchase of
particulate-matter filters and a filter maintenance system. 3. Authorize the Finance
Director to execute a sole-source Purchase Order in the amount of$63,303 to
Robert V. Jensen Petroleum Distributor for the retrofitting of five (5) trucks and a
filter maintenance system; motion carried 5:0.
C8. PARTICIPATION IN PROPOSITION 1A SECURITIZATION PROGRAM.
ACTION: Moved by Settle/Carter to adopt Resolution No. 10121 (2009 Series)
approving the form of and authorizing the execution and delivery of a purchase and
sale agreement and related documents with respect to the sale of the City's
Proposition 1A receivable from the State; and directing and authorizing certain other
actions in connection therewith; motion carried 5:0.
PUBUC HEARINGS
1. CONSIDERATION OF A GENERAL PLAN AMENDMENT AND REZONING
FOR PROPERTY LOCATED ON THE NORTH SIDE OF SOUTHWOOD
DRIVE, WEST OF LAUREL LANE (GP/R ER 177-08; 1050 SOUTHWOOD
DRIVE).
Community Development Director Mandeville introduced this item, following which
Senior Planner Ricci presented the agenda report and responded to questions.
Mayor Romero opened the public hearing.
Mike Cannon, Applicant, spoke in favor of the project.
Mayor Romero closed the public hearing.
ACTION: Moved by Ashbaugh/Marx to, as recommended by the Planning
Commission: 1. Adopt Resolution No. 10122 (2009 Series) approving a negative
Declaration (ER 177-08) and amending the General Plan Land Use Element (LUE)
map to change the land use designation of 1.050 Southwood from Services &
Manufacturing to Office, based on findings. 2. Introduce Ordinance No. 1535 (2009
Series) approving an amendment to the Zoning Map for 1050 Southwood from
Manufacturing Planned Development (M-PD) to Office (0), based on findings;
motion carried 5:0.
2. ANNUAL PUBUC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT.
Principal Administrative Analyst Elke presented the agenda report and responded to
questions.
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Mayor Romero opened the public hearing.
John Conner, Chair of the TBID, spoke in support of the TBID.
Mayor Romero closed the public hearing.
ACTION: Moved by Carter/Settle to: 1. Conduct a public hearing to receive
testimony regarding the Council's intention to continue the citywide Tourism
Business Improvement District. 2. Rule upon any protests. 3. If a legally sufficient
protest showing is not made, introduce Resolution No. 10123 (2009 Series)
affirming the establishment of the San Luis Obispo Tourism Business Improvement
District, setting forth the basis for the assessment, and levying the assessment upon
hotels in the district for fiscal year 2009-10; motion carried 5:0.
BUSINESS ITEMS
By Consensus, Council agreed to hear Business Item 4 prior to Business Item 3.
3. POSTPONEMENT OF THE RELINQUISHMENT OF HIGHWAY 227 TO THE
CITY.
Public Works Director Walter introduced this item, following which Public Works
Deputy Director Lynch presented the agenda report and responded to questions.
Public Comments
Eileen Lowe, CalTrans, spoke in support of the City moving forward with the
relinquishment of Highway 227. Ms. Lowe responded to Council questions.
—end of public comments—
Council discussion ensued during which Council expressed their concerns with the
relinquishment of Highway 227.
Moved by Carter/Ashbaugh direct staff to postpone relinquishment of Highway 227
to approximately July 2011.
Public Works Director Walter responded to Council questions regarding delaying the
relinquishment to July 2011.
Council Member Carter withdrew his first motion.
ACTION: Moved by Carter/ Manx to proceed with the relinquishment of Highway
227; motion carried 3:2 (Romero/Settle opposed). Mayor Romero stated that
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moving forward with the relinquishment will be a large unforeseen expense to the
City. Vice Mayor Settle concurred.
4. SOUTH STREET MEDIAN ISLAND LANDSCAPE OPTIONS.
Public Works Director Walter introduced this item, following which Public Works
Deputy Director Lynch presented the agenda report and responded to questions..
Public Comments
Eileen Lowe, CalTrans, responded to Council questions and spoke in favor of the
waterless option.
—end of public comments—
ACTION: Moved by Carter/Marx to direct staff to proceed with a minimal planting
option which would include irrigation and sustainable, draught resistant plants for the
South Street median consistent with Cal Trans guidelines and submit a Capital
Improvement Project request with a more detailed project definition and budget for
the 2010-11 Financial Plan Supplement; motion carried 3:2 (Romero and Settle
opposed).
Council recessed at 8:53 p.m. and reconvened at 9:03 p.m. with all members
present.
5. FIRE ENGINE/TRUCK PURCHASE.
Fire Chief Callahan presented the agenda report and responded to questions.
Public Comments
Gary Fowler, San Luis Obispo, spoke in opposition of the fire engine purchase.
—end of public comments—
ACTION: Moved by Carter/Ashbaugh to: 1. Approve a sole source acquisition of a
Pierce Tillered Aerial Quint. 2. Authorize the Mayor to enter into a purchase
agreement with Pierce Manufacturing in the amount of$1,014,181.46 (including
sales tax); motion carried 4:1 (Settle opposed).
6. FOXPRO APPLICATION REPLACEMENT.
Director of Finance & Information Technology Statler presented the agenda report
and responded to questions.
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Public Comments
Wes McKee, Bonnie McKee's brother, spoke in support of staffs recommendation.
—end of public comments—
ACTION: Council reviewed and discussed the City's Visual FoxPro application
replacement project plan.
COUNCIL LIAISON REPORTS
Council Member Manx reported on her attendance at the October 7, 2009, SLOCOG
and SLORTA meeting.
City Manager Hampian and Mayor Romero gave an update on their meeting with
Union Pacific.Railroad.
COMMUNICATIONS
Council Member Carter reported on his attendance at a meeting he attended at Sierra
Vista Hospital.
Vice Mayor Settle spoke about his concern regarding a proposed FPPC requirement,
which City Attorney Lowell will be reviewing.
Mayor Romero reported on the Historic Railroad Celebration.
Council Member Manx spoke about her concerns regarding the fee for the
commemorative tree planting. Assistant City Manager Stanwyck stated that this fee
will be included in the Tree Ordinance.
Council.Member Ashbaugh reported his tour of the open space.
There being no further business to come before the City Council,.Mayor Romero
adjourned the meeting at 10:49 p.m.
Elaina Cano
Interim City Clerk
APPROVED BY COUNCIL: ,vJxx/09
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