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03/18/2008MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 18, 2008 — 6:30 P.M. COUNCIL HEARING ROOM, 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; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; Doug Davidson, Deputy Director Community Development — Development Review; Claire Clark, Economic Development Manager 1 PUBLIC COMMENT ON CLOSED SESSION ITEM No comments were forthcoming. City Attorney Lowell announced the following Closed Session Conferences, following which Council adjourned to the Closed Session: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN's 002- 416 -034 and 002 - 416 -029 Negotiating Parties: City of San Luis Obispo: Shelly Stanwyck, Claire Clark, Jonathan Lowell San Luis Obispo Court Street, LLC (aka San Luis Obispo Chinatown, LLC): Tom Copeland, Suzanne Fryer, Mark Rawson Negotiations: Consider modification of Option to Purchase Real Property Agreement CLOSED SESSION REPORT ' City Attorney Lowell reported on the Closed Session at the commencement of the regular meeting. City Council Meeting Tuesday, March 18, 2008 Page 2 The Special Meeting adjourned at -6:55 p.m. to a Regular Meeting held in the Council Chamber at 7:00 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 18, 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; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; Jay Walter, Public Works Director CLOSED SESSION REPORT City Attorney Lowell reported that Council held a Closed Session at 6:30 p.m. with its Real Property Negotiators to discuss real property negotiations for the Chinatown project. Council provided direction. No further action was taken at this time. PRESENTATION '- PG &E UNDERGROUNDING STATUS REPORT. Patricia Wilmore, Local Area Manager for Pacific Gas and Electric Company Government Relations, reported on Rule 20A, an undergrounding program provided by the Public Utilities Commission. She discussed the status of the underground projects included in City and County resolutions. She also discussed the steps that must be taken before the undergrounding can occur. She said that the area on Broad Street, approximately from the edge of the airport to the Crossroads Center, is now in the engineering stage. Construction should commence in mid -2009. 1 City Council Meeting Page 3 Tuesday, March 18, 2008 In response to Mayor Romero, Public Works Director Walter explained that if the undergrounding occurs in June 2009, the timing will accommodate the Caltrans repaving project and the City's Tank Farm sewer project. A brief discussion ensued regarding the potential undergrounding of utilities along Los Osos Valley Road, from the western Foothill side of the City into Madonna Road. Council Members Mulholland and Settle suggested that it would be timely to review the undergrounding priorities adopted by Council previously. Staff will provide that information. APPOINTMENTS Al. APPOINTMENTS TO ADVISORY BODIES. Mayor Romero made the presentation. Council Member Mulholland noted that the names of the Subcommittee Members conducting the interviews were incorrect in the Agenda Report and asked that these be corrected for the record. ' (Clerk's note: Council Member Mulholland participated in interviews for the Architectural Review Commission and Construction Board of Appeals in place of Council Member Brown.) ACTION: Moved by Brown/Settle to make appointments to the City's advisory bodies effective April 1, 2008, in accordance with the recommendations of the Council Subcommittees; motion carried 5:0. Council Member Settle announced that there is still a vacancy on the Joint Use Committee. The City Clerk's office will re- advertise this and other vacancies. PUBLIC COMMENT Stephan Lamb, San Luis Obispo, announced that the next forum on Mitchell Park will be held at 7:00 p.m. on April 2nd with the Parks and Recreation Commission, followed by another forum April 7t' at 5:00 p.m. He questioned whether the Council Chamber would provide adequate space for those in attendance. He discussed the number of signatures collected in opposition to the proposed parking lot. Robert Vulgamore, San Luis Obispo, discussed his attendance at a Cultural Heritage Commission meeting on the subject of Mitchell Park. He explained why he thought that consideration should be given to building a Senior Center at Laguna 1 Lake Park rather than adding a parking lot to the park. City Council Meeting Page 4 Tuesday, March 18, 2008 A brief discussion followed, during which CAO Hampian explained that Council has Previously funded and directed that a feasibility study be done to consider . alternatives for a new Senior /Community Center. It was noted, however, by Mayor Romero that a new Senior Center won't be built for at least ten years. Michael Peachey, MW Artifacts, said he was representing the Presbyterian Church of Santa Barbara. He discussed its proposed student housing project on its current location on Foothill Boulevard. He reviewed the action taken by the Planning Commission last Wednesday in support of the project and explained why he thinks that parking will not be an issue for the students. Following a brief discussion, Council concurred that it would be appropriate for staff to consider higher density for student housing near the campus or in other appropriate locations during the update of the Land Use Element or Housing Element, whichever comes first. Gary Fowler, San Luis Obispo, expressed opposition to an agreement with the Chinatown project that would result in reduced parking. He then discussed his concerns and the steps he thought should be taken as a result of questions that have been raised regarding Council Member Settle's residence. Council Member Settle responded briefly and invited Mr. Fowler to contact him if he has questions regarding his residency. In response to Mayor Romero, City Attorney Lowell provided information regarding the appropriate legal mechanism by which either the Council or any individual may pursue the matter further. Dr. Dan Dale expressed appreciation for the removal of basketball hoops from sidewalks and streets in the Edna -Islay area. Lance Hillsinger, San Luis Obispo, discussed his objections to the removal of the basketball hoops. City Attorney Lowell responded to Council's questions about the City's potential liability if the hoops are not removed from the right -of -way. The following speakers expressed their continued concerns about the operations of the SLO County Public Access Board. Leslie Bearce; San Luis Obispo . Christina Bearce, San Luis Obispo Patrick Germany, San Luis Obispo Anthony Bolin, San Luis Obispo 1 City Council Meeting Tuesday, March 18, 2008 Page 5 City Attorney Lowell clarified that SLOCOPA is not bound by the Brown Act and discussed the relationship SLOCOPA has with the City in accordance with its agreement to provide public access services. City Clerk Hooper advised Council that she is finalizing a report on allegations against SLOCOPA which will address the concerns raised at this and prior meetings. Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal harassment. CONSENT AGENDA Jan Howell Marx, San Luis Obispo, spoke in support of items C4 and C5. She said she is the Chair of the SLO Rotary Clean and Green Project this year. The Rotary has adopted the Railroad Safety Trail as its project. She displayed a brochure that will be distributed to the community as an invitation to help fund the trail. She said the Rotary would like to make a donation to the City of $50,000 for the safety fencing and funding from the community to assist with funding the missing link between Cal Poly and the section included in item C5. She asked that a donor agreement be placed on the next agenda for Council approval. CAO Hampian explained that staff is unable to get this matter on the April 1St agenda because of the impending agenda deadline, but that staff will take steps to get it on in the near future. ACTION: Moved by Carter /Mulholland to approve the Consent Agenda as indicated below. C1. AP ACTION: Moved by Carter /Mulholland to waive oral reading and approve as revised (see memorandum on file in the City Clerk's office); motion carried 5:0. C2. CONTRACT AMENDMENT NO. 4 FOR TANK FA LIFT STATION AND FORCE MAIN DESIGN AND ACTION: Moved by Carter /Mulholland to: 1. Approve Amendment No. 4 with Brown and Caldwell Engineers for additional design and construction support services for the Tank Farm Gravity Sewer, Lift Station and Force Main project, Specification No. 99703 in the amount of $378,000 and authorize the Mayor to execute the amendment. 2. Authorize an increase in the total project budget by 1 $443,000 from $13,242,900 to $13,685,900; motion carried 5:0. City Council Meeting Page 6 Tuesday, March 18, 2008 C3. EASEMENTS FOR THE NACIMIENTO WATER PROJECT. ACTION: Moved by Carter /Mulholland to approve easements for the Nacimiento Water Project within City owned properties and authorize. the Mayor to execute the easement agreement; motion carried 5:0. C4. REQUEST FOR PROPOSALS FOR RAILROAD SAFETY TRAIL P ACTION: Moved by Carter /Mulholland to: 1. Approve the Request for Proposals for the Railroad Safety Trail Phase 3, Specification No. 90087. 2 Authorize staff to advertise for design proposals. 3. Authorize the CAO to award a design contract if the proposed cost is less than the grant amount of $224,000; motion carried 5:0. C5. RAILROAD SAFETY TRAIL-PHASE 4, SPECIFICATION NO. 90347. ACTION: Moved by Carter /Mulholland to: 1. Approve Special Provisions for the Railroad Safety Trail Phase 4, Specification No. 90347. 2. Authorize staff to advertise for bids. 3. Authorize the CAO to award a construction contract if the lowest responsible base bid is within the engineer's estimate of $740,000; motion carried 5:0. C6. ND RELEASE ACTION: Moved by Carter /Mulholland to adopt Resolution No. 9961 (2008 Series): 1. Rescinding the Subdivision Agreement, Open Space Easement Agreement, and Notice of Requirements for Tract 2134, located at 953 Orcutt Road. 2. Releasing the securities guaranteeing completion of Tract 2134. 3. Refunding unspent fees collected with Tract 2134; motion carried 5:0. C7. URBAN FOREST INVENTORY GRANT. ACTION: Moved by Carter /Mulholland to: 1. Authorize staff to complete final applications for a grant from the California Department of Forestry to inventory all of the street trees in the City. 2. Authorize an appropriation of $30,375 from the General Fund Balance to provide the necessary matching funds for the California Department of Forestry and Fire Protection Tree Inventory grant if the City's grant request is accepted; motion carried 5:0. C8. FINAL MAP FOR TRACT 2865, 1043 ELLA STREET (TR 21 -06). ACTION: Moved by Carter /Mulholland to adopt Resolution No. 9962 (2008 Series) approving the Final map for Track 2865 located at 1043 Ella Street and 1 City Council Meeting Tuesday, March 18, 2008 Page 7 authorizing the Mayor to execute the subdivision agreement on behalf of the City; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the March 5t' County Water Resources Advisory Committee meeting, the March 12' Integrated Waste Management Authority meeting, the March 12 Mass Transportation Committee meeting, and the Building Liveable Communities Conference this past weekend. Council Member Settle reported on the activities of the Airport Land Use Commission Subcommittee and the Performing Arts Center Facilities Committee meeting. He referred to the Channel Counties Division meeting that will be held on March 28th and said he hopes for feedback related to how the bonding capacity is affected by what is happening as a result of the Bear Sterns collapse and how it will affect the City in the future. Council Member Brown reported on his attendance at the last Economic Opportunity Commission meeting. Mayor Romero reported on his attendance at the Mayors' meeting last week. I COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 8:25 p.m. ;- Audrey oper City C12 APPROVED BY COUNCIL: 4/15/08 1