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04/01/2008MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 1, 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; Monica Irons, Human Resources Director; Rachael Hendricks, Human Resources Analyst --------------------------------------------------------------------------------------------------------- PUBLIC COMMENT ON CLOSED SESSION ITEM tNo comments were forthcoming. Mayor Romero announced the following Closed Session Conference, following which Council adjourned to the Closed Session: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Monica Irons, Rachael Hendricks Employee Organizations: SLOCEA Unrepresented Employees: Confidential Employees, Management Employees REPORT ON CLOSED SESSION ITEM City Attorney Lowell reported on the Closed Session at the commencement of the regular meeting. The Special Meeting adjourned at 7:00 p.m. to a Regular Meeting held in the Council Chamber. I City Council Meeting Tuesday, April 1, 2008 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 1, 2008 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Page 2 Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, Vice Mayor Paul Brown, and Mayor Dave Romero City Staff: 1 Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; Bill Statler, Finance and Information Technology Director; Monica Irons, Human Resources Director; Jay Walter, Public Works Director; Tim Bochum, Deputy Director Public Works; Jake Hudson, 1 Engineer - Traffic Division; Robert Horch, Parking Manager ----------------------------------------------------------------------------------------------------- CLOSED SESSION REPORT City Attorney Lowell reported that a Closed Session Conference was held with its Labor Negotiators at 6:30 p.m. Council provided direction to its Labor Negotiators. No further reportable action was taken. PRESENTATIONS BOY SCOUT PRESENTATION AND FLAG SALUTE. Tyler Hoyt, Boy Scout Troop 214, led the Pledge of Allegiance, discussed services his troop provides the community, and discussed his Eagle Scout service project award. David Tait, Los Padres Council, Boy Scouts of America, provided Council with a brief overview of the Los Padres Council, Boy Scouts of America, 2007 Annual Report (on file in the City Clerk's office). SEXUAL ASSAULT AWARENESS PROCLAMATION. I City Council Meeting Page 3 Tuesday, April 1, 2008 Mayor Romero presented a proclamation to Jennifer Adams, Executive Director 1 of the Sexual Assault Recovery and Prevention Center, proclaiming April 26, 2008, as "Walk a Mile in Her Shoes Day" and urging citizens to join the march to stop rape and gender violence. Ms. Adams discussed national statistics on the issue of sexual assault and steps the public can take to assist in raising awareness and prevent sexual assault. MONTH -OF- THE -CHILD AND CHILD ABUSE PREVENTION MONTH PROCLAMATION. Mayor Romero presented a proclamation to Angela Barakat, Case Manager for SLO Child Development Center, proclaiming April 2008 as "Month of the Child and Child Abuse Prevention Month" and April 12, 2008, as "Day of the Child." Angela Barakat, Mike Katsapis, and Nicole Mintz, SLO Child Development Center staff, discussed the activities planned for the "Children's Day at the Plaza" event that will be held form 10 a.m. to 3 p.m. on April 12`h PUBLIC COMMENT Robert Bearce, San Luis Obispo, discussed his concerns regarding the manner in which the recent SLO County Public Access (SLOCOPA) Board election was held. His concerns also included circumstances under which producers were banned and the failure of issues being resolved despite mediation. Patrick Germany, San Luis Obispo, also discussed his concerns related to SLOCOPA producers whose memberships have been revoked, as well as the lack of community programming such as non - profit shows. He did not think these or other issues were being resolved. Stephan Lamb, San Luis Obispo, discussed his continuing opposition to converting a portion of Mitchell Park to a parking lot for the Senior Center. He said that he has met with staff from Ride -On and suggested that, rather than spending funds to install the parking lot, the funds could be used to provide rides to seniors. Eric Meyer, San Luis Obispo, supported Stephan Lamb's position on Mitchell Park and suggested that a different solution must be found, such as providing on- street parking or taxi service. David Brodie, San Luis Obispo, said that residents don't understand the downtown height limits. He suggested that the City should develop outreach programs to help citizens visualize the height of proposed development in real terms. He also asked that Council Member Mulholland pull item C9 of the Consent Agenda for ' discussion. City Council Meeting Tuesday, April 1, 2008 Page 4 Joseph Abrahams, San Luis Obispo, explained why he thought the Garden Terraces project is inconsistent with the City's Community Design Guidelines, General Plan and Downtown Plan. (Mr. Abrahams' complete statement is on file in the City Clerk's office.) Gary Fowler, San Luis Obispo, thanked Public Works for the installation of new traffic signals throughout the downtown area. He questioned the status of the reinstallation of the flags that were near the Museum. He discussed his continuing concerns regarding Council Member Settle's residence and indicated that he would ask the State Attorney General's office to investigate this matter. In response to Mr. Fowler, Mayor Rome_ ro reported that the flags were reinstalled on the City's new parking structure. In response to Mr. Fowler, Council Member Settle confirmed that his residence is in San Luis Obispo. Sifu Kelvin Harrison, San Luis Obispo, discussed his continuing concerns regarding personal harassment. CONSENT AGENDA Council Member Carter asked that item C6 be pulled for discussion. In response to Mr. Brodie's request that she pull item C9, Council Member Mulholland said she had no comments on this matter. Matt Quaglino, San Luis Obispo, said he was available to answer questions regarding the design of the public art for the Quaglino bridge. ACTION: Moved by Brown /Mulholland to approve the Consent Agenda, with the exception of item C6, as indicated below. C1. MINUTES OF MARCH 4 AND MARCH 13, 2008, COUNCIL MEETINGS. ACTION: Moved by Brown/Mulholland to waive the oral reading and approve as presented; motion carried 5:0. C2. AT 1160 MARSH STREET (CHC 1 ACTION: Moved by Brown/Mulholland to, as recommended by the Cultural Heritage Committee (CHC), adopt Resolution No. 9963 (2008 Series) approving a Mills Act contract for the historic Stover's Sanitarium, located at 1160 Marsh Street; motion carried 5:0. City Council Meeting Tuesday, April 1, 2008 Page 5 C3. CONSIDERATION OF A CULTURAL HERITAGE COMMITTEE RECOMMENDATION TO UPDATE THE CONTRIBUTING PROPERTIES LIST OF HISTORICAL RESOURCES. ACTION: Moved by Brown /Mulholland to adopt Resolution No. 9964 (2008 Series), as recommended by the Cultural Heritage Committee (CHC), to: 1. Remove the following properties from the Contributing Properties List: 1153 Buchon, 585 Dana, 595 Dana, 969 Islay, 1228 Mill, 680 Monterey, 970 and 972 Nipomo, 1419 Osos, 1423 Osos, 1249 Palm, 1302 =06 Palm, 1334 Palm, 1352 Palm, 1365 Palm, 533 Pismo, 1020 Pismo, 1028 Pismo, 1036 Pismo. 2. Add the address of 1022 Church to the Contributing Properties List. 3. Change the address of the Contributing Property listed at 1018 Islay to 1022 Islay; motion carried 5:0.. C4. APPOINTED OFFICIALS' EVALUATIONS AND COMPENSATION. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9965 (2008 Series) adjusting the salary of the City Administrative Officer (CAO) and Resolution No. 9966 (2008 Series) adjusting the salary of the City Attorney (CA); motion carried 5:0. C5. RESOLUTION ACCEPTING THE DONATION OF THE QUAGLINO BRIDGE PUBLIC ART. ACTION: Moved by Brown/Mulholland to: 1. As recommended by the Public Art Jury and the Architectural Review Commission (ARC), adopt Resolution No. 9967 (2008 Series) accepting the donation of the Quaglino bridge public art. 2. Authorize developer to proceed with installation on public property; motion carried 5:0. Item C6 was considered following other action on the Consent Agenda. C6. PARKING GUIDANCE SYSTEM, SPECIFICATION NO. 90433. Discussion followed during which staff, including, Deputy Public Works Director Bochum and Traffic Engineer Hudson discussed the project in depth and responded to Council's questions. Council Member Carter said that while he did not have an issue with the proposed system, he thought it more advisable to install directional signs. He also expressed concern regarding the branded "P" in San Luis Obispo's signs as out -of -town visitors won't know what it represents. His overall concerns related to the cost of the project, management and status of the parking fund, and lack of a plan for funding future parking garages. City Council Meeting Tuesday, April 1, 2008 Page 6 Council Member Settle discussed the benefits of the proposed parking system, particularly in that it will indicate how many spaces are available in a given lot. Mayor Romero also expressed concern regarding the costs and the status of the parking fund. He explained why he preferred directional signage and expressed concern that the branded "P" will not be helpful in assisting visitors see the signs. CAO Hampian clarified that while the parking fund cannot support another parking structure without new strategies, the fund is not in a stressed condition and its reserve exceeds the City's policy level. Council Member Mulholland concurred with comments regarding the branded "P" and suggested the use of the international parking symbol. However, she discussed the need to move forward with this project and recommended that Council approve the Request for Proposals, and that approval of the contract be brought to Council with additional information in light of the questions raised at this meeting. Vice Mayor Brown was not concerned with the branded "P," but expressed concern regarding the potential impact on the proposed sign program on the downtown and the potential for vandalism of the signs as a result of signs' height. ACTION: Moved by Carter /Settle to approve the issuance of the Request for Proposals for Parking Guidance System design and return to Council for the contract award; motion carried 5:0. C7. PROCUREMENT OF REPLACEMENT TRANSIT VEHICLES. ACTION: Moved by Brown/Mulholland to: 1. Revise the FY 2007 -08 Budget to reflect recent new grant amounts and appropriate $87,000 in unappropriated Transit Fund Reserve to act as a local match for the recently received Proposition 1 B grant. 2. Approve the purchase of up to five transit vehicle replacements using existing transit vehicle purchasing agreements: 3. Authorize the CAO to sign the Purchase Orders for up to five transit vehicle replacements if costs are within the budgeted amount of $1,810,601; motion carried 5 :0. C8. PRE - ANNEXATION AGREEMENT, PROPOSED FOR 117 SUBURBAN ROAD IN THE AIRPORT _AREA . ACTION: Moved by Brown/Mulholland to approve a pre- annexation agreement for 117 Suburban Road located in the Airport Area; motion carried 5:0. C9. MODIFICATION TO OPTION TO PURCHASE REAL PROPERTY (CHINATOWN OPTION) PROVIDING FOR A 60 DAY EXTENSION TO FACILITATE FURTHER NEGOTIATIONS OF A LONGER TERM 1=YT1=MQinm nF TMF nDTInN City Council Meeting Page 7 Tuesday, April 1, 2008 t ACTION: Moved by Brown/Mulholland to: Authorize the Mayor to enter into, on behalf of the City, a Modification to Option to Purchase Real Property (the Option) between the City and SLO Chinatown LLC (successor in interest to SLO Court Street LLC) providing for a 60 -day extension to facilitate further negotiations of a longer term extension of the Option; motion carried 5:0. C10. TRAFFIC SIGNAL MODIFICATION AT MARSH AND OSOS, SPECIFICATION NO. 90792, CONSTRUCTION BID RESULTS. ACTION: Moved by Brown/Mulholland to: 1. Reject all construction bids received on March 13, 2008, regarding the Marsh and Osos traffic signal modification project. 2. Authorize the CAO to approve a revised bid package which does not include fluted signal poles, to reduce costs and solicit new bids from contractors; and to award the contract if bids are within the engineer's estimate of $170,000. Direct staff to use standard signal equipment; powder coated dark forest green, for all new signal installations and modifications within the downtown; motion carried 5:0. C11. SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 REIMBURSEMENT AGREEMENT. ACTION: Moved by Brown/Mulholland to approve a long term agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9 for reimbursement of flood risk reduction related activities; motion carried 5:0. C12. RESOLUTION ACCEPTING GRANT FROM THE JANSSEN RINK. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9969 (2008 Series) accepting a $20,000 grant from the Janssen Foundation for renovations to the Santa Rosa hockey rink; motion carried 5:0. (Clerk's note: The resolutions for items C12 and PH1 were inadvertently numbered out of sequence. The minutes correctly reflect the numbers assigned to these resolutions.) PUBLIC HEARINGS 1. DOWNTOWN ASSOCIATION RESTRUCTURING AND PROPOSED ASSESSMENTINCREASE. Assistant CAO Stanwvck made some introductory remarks, following which Downtown Association Administrator Cash reviewed the background, history and importance of the Downtown Association, discussed the need to restructure, City Council Meeting Tuesday, April 1, 2008 Page 8 explained the importance of a 501©6. organization, and provided information regarding the proposed increase to the assessment. Economic Development Manager Clark reviewed the existing contractual relationship between the City and the Association, the steps that will be taken following the Association's incorporation as a non - profit. and as an independent agency. She reviewed the process that will be followed to proceed with increasing the assessment and reviewed staff's recommendation. Downtown Association Administrator Cash and Finance and IT Director Statler responded to Council's questions. Mayor Romero opened the public hearing.. The following people, either Downtown Association Board members or residents of San Luis Obispo, spoke in support of the recommendation: Pam and Bob Seeley, Sohos Studio, Tom Swem, Carl.Dudlev, Joseph Abrahams, and Alex Gough, Adobe Realty. Mayor Romero closed the public hearing. Downtown Association Administrator Cash and CAO Hampian responded to questions raised by Mr. Abrahams related to why the structuring is being pursued. .At the request of Vice Mayor Brown, City Attorney Lowell explained that Vice Mayor Brown did not have a financial conflict of interest stemming from his past service with the Downtown Association or because he is a downtown business owner. Mayor Romero and Council Members expressed their support of the staff recommendation. ACTION: Moved by Mulholland /Settle to: 1. Introduce Ordinance No. 1512 (2008 Series) amending Municipal Code Section 12.36.080 to facilitate restructuring the Downtown Association (DA) as an independent organization. 2. Approve an agreement with the newly formed, non - profit organization, the San Luis Obispo Downtown Association (SLODA) for provision of services to the City as an independent agency and authorize the Mayor to execute the agreement upon final formation of the non - profit organization. 3. In providing resources for an organizationally and fiscally independent SLODA, adopt Resolution No. 9968 (2008 Series), Resolution of Intention to increase the amount of the assessment paid by downtown business operators from 0.00050 of gross receipts to 0.00055 of gross receipts, and increase the minimum annual assessment from $25 to $150; motion carried 5:0. City Council Meeting Tuesday, April 1, 2008 Page 9 Council recessed from 9:26 p.m. until approximately 9:35 p.m. and reconvened ' with all members present. ----- ---- ------------------------ ------------------------------------------------------------------------ 2. DETERMINATION OF NEED FOR ADDITIONAL TAXI SERVICES. Public Works Director Walter introduced Transit Manager Webster who made the staff presentation. He explained that subsequent to the staff report, the applicant requested that the per mile rate be raised to $3.50 instead of the original $3.00. (See memo on file in the City Clerk's office.) Public Works Director Walter explained that staff's recommendation is based on the original $3.00 per mile request because the request for the revised rate was received after consideration by and concurrence from the Mass Transportation Committee for the original rate. Mayor Romero opened the public hearing. Amy Simpson, applicant, explained that following her original request, she was advised that if she didn't raise the rate, with the increase in the cost of gas prices, she would not be able to maintain her business. She responded to questions raised by Council Member Mulholland. Mayor Romero closed the public hearing. 1 Deputy Public Works Director Bochum explained why it will be incumbent on staff to advise the City's current taxicab company, Beach Cities Cab, of the $3.50 rate if Council grants this amount. He responded to Council's questions. He explained that while Council has not regulated rates, it has been consistent in applying them. Council concurred that rates need to be uniform for all taxicab companies operating in the City. In response to Council Member Mulholland, Ms. Simpson explained why she was requesting a $50 fee for wait time. Following the Council discussion, she agreed to lower the wait time fee. In response to Council's inquiry regarding establishing a uniform taxicab rate, City Attorney Lowell explained that staff is in the process of discussing taxicab regulations and will be proposing an amendment to the Municipal Code. Modifications to the rate setting process to ensure uniformity can be considered at that time. ACTION: Moved by Carter /Settle to: 1. Adopt Resolution No. 9970 (2008 Series), declaring the need for operation of two taxi operators in the City of San Luis Obispo on a one year trial basis, with an amendment to the wait time. 2. City Council Meeting. Page 10 Tuesday, April 1, 2008 Authorize the CAO or his designee to process the Certificate of Public Convenience and Necessity and Taxi Permit to 234 -Taxi L.L.C; motion carried 5:0. The motion included the rates proposed in the red file memo, with the exception that the wait time rate will be reduced from $50 to $25; motion carried 5:0. BUSINESS ITEMS 3. REVIEW OF OLD TOWN RESIDENTIAL PARKING DISTRICT SURVEY. Public Works Director Walter introduced this item, following which Parking Manager Horch made the staff presentation. Council Member Settle and Vice Mayor Brown spoke in support of the recommendation. Public Comments No comments were forthcoming. - - -end of public comments - -- ACTION: Council received and considered the survey results for the Old Town Residential parking permit district. No further action was taken to form a district at this time. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the California Men's Colony Advisory Committee meeting on March 21St. She also reported on her attendance at the Air Pollution Control District Board meeting on April 26th. Council Member Carter reported on his attendance at a recent Student City Liaison Committee meeting. Council Member Settle reported that he and Council Member Mulholland attended the Public Art dedication on the previous Saturday. He expressed appreciation that the graffiti vandal has been apprehended. CAO Hampian reported that the first meeting of the committee that's overseeing 10 -year plan to end homelessness met week before last. He will provide Council with a report on this issue. He noted that Vice Mayor Brown will attend the next meeting and will be making future reports on this committee. Vice Mayor Brown expanded on CAO Hampian's comments by discussing the 1 intentions of the first meeting and the purpose of the next one. City Council Meeting Tuesday, April 1, 2008 Page 11 t Mayor Romero reviewed matters that will be discussed at the SLO Council of Governments (SLOCOG) Board meeting tomorrow. One of those is the reaffirmation of the priorities set for expenditure of highways funding in the County. The other is the regional housing needs allocations and how the split should be established. The City believes the 60% jobs 40% population is appropriate. Community Development. Director Mandeville responded to questions related to the City's allocations and discussed the impact a change in formula for the allocations would have on the City. COMMUNICATIONS CAO Hampian discussed upcominp agenda items that would necessitate early start times on April 15t' and May 6 . Council concurred with the 4:00 p.m. start times. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:46 p.m. Audrey Hoop City Clerk APPROVED BY COUNCIL: 05/06/08 1