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05/20/2008MINUTES ' SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 207 2008 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL. CALL: Council Members Present: Council Members Andrew Carter, Christine Mulholland, Allen Settle, and Mayor Dave Romero were present at Roll Call. Vice Mayor Brown was seated immediately thereafter. City Staff: Present: Shelly Stanwyck, Assistant City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Bill Statler, Finance and Information Technology Director, John Moss, Utilities Director, Jay Walter, Public Works Director; Betsy Kiser, Parks and Recreation Director; Bridget Fraser, Engineer; Christine Wallace, Recreation Coordinator INTRODUCTIONS Public Works Director Walter introduced Public Works Employees Martin Van Maanen (Public Works Inspector - not present), Adam Basden (Maintenance Worker II - Parks), Dee Lawson (Transportation Assistant), Wade Jackson (Stormwater Manager), Tammy Hanson (Administrative Assistant 1), Ken Herrmann (Maintenance Worker II - Parks), Melissa Mudgett (Administrative Analyst), Geert de Lange (Maintenance Worker II - Building), and Steve Williams (Tree Trimmer I). Utilities Director Moss introduced Utilities Employee Jennifer Metz (Utilities Project Manager). PRESENTATION Mayor Romero presented a proclamation to Public Works Director Walter and Utilities Director Moss proclaiming May 18 -24, 2008, as National Public Works Week. 1 City Council Meeting Tuesday, May 20, 2008 CONSENT AGENDA ACTION: Moved by Settle /Mulholland to approve the Consent Agenda as indicated below. C1. MINUTES OF APRIL 22 AND 30, 2008. Page 2 ACTION: Moved by Settle /Mulholland to waive the oral reading and approve the minutes as presented; motion carried 5:0. C2. CULTURAL HERITAGE COMMITTEE (CHC) NOMINATION OF PROPERTIES IN THE MONTEREY HEIGHTS NEIGHBORHOOD TO THE MASTER LIST AND CONTRIBUTING PROPERTIES LIST OF HISTORICAL RESOURCES. ACTION: Moved by Settle /Mulholland to adopt Resolution No. 9983 (2008 Series ) 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; motion carried 5:0... 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. ACTION: Moved by Settle /Mulholland to adopt Ordinance No. 1513 (2008 Series); motion carried 5:0. C4. TO C -D -H -S AND 1045 BROAD STREET TO PF -H (GP /R_64 -07). ACTION: Moved by Settle /Mulholland to adopt Ordinance No. 1514 (2008 Series); motion carried 5:0. 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. ACTION: Moved by Settle /Mulholland to adopt Ordinance No. 1515 (2008 Series ; motion carried 5:0. rI City Council Meeting Tuesday, May 20, 2008 Page 4 BUSINESS ITEMS' 1. RESULTS OF GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 45 ANALYSIS: ACCOUNTING FOR RETIREE HEALTH CARE BENEFITS. Finance and Information Technology Director Statler presented the staff report and responded to questions. Public Comments No comments were forthcoming. --end of public comments— Council Members spoke in support of the recommendation. ACTION: Moved by Brown /Mulholland to 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; motion carried 5.0. Council concurred to reorder the Agenda to consider Council Liaison Reports at , this time. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the County's Water Resources Advisory Committee meeting, the Air Pollution Control District Board meeting and the Integrated Waste Management Authority Board meeting on Ma 14th , the Mass Transportation Committee meeting on May 7th, and the May 16t Citizens Advisory Committee meeting at the California Men's Colony. Council Member Settle reported on his attendance at the Student Community Liaison Committee (SCLC) meeting with the Mayor. Mayor Romero added that Brandon Souza will be present at 7:00 to present a plaque from the SCLC. He reported on the Mayor's meeting held on May 2 "d Additional Liaison Reports were made at the end of the regular Council meeting. 2. STATUS REPORT ON 2007 -09 MAJOR CITY GOAL:. ROLLER HOCKEY RINK AND SKATE PARK IMPROVEMENTS. City Council Meeting Page 3 Tuesday, May 20, 2008 C6, WATER RECLAMATION .FACILITY: CLARIFIERS 4 AND 5 MAINTENANCE PAINTING PROJECT — SPECIFICATION NO. 90818. ACTION: Moved by Settle /Mulholland to: 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; motion carried 5:0. C7. FINAL MAP APPROVAL FOR TRACT 2808, 153 STENNER (TR/ER 1- 06 ). ACTION: Moved by Settle /Mulholland to adopt Resolution No. 9984 (2008 Series ) 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; motion carried 5:0. C8. TRANSFER OF COMMUNITY PROMOTIONS FUNDING. ACTION: Moved by Settle /Mulholland to approve an advancement of $22,400 from the 2008 -09 Community Promotions budget to fiscal year 2007 -08 to cover tourism promotion fulfillment expenditure; motion carried 5:0. C9. REQUEST FOR QUALIFICATIONS FOR CITY- WIDE.RIGHT -OF -WAY wrrnluQ1T1nKi eMovIN�CQ t ACTION: Moved by Settle /Mulholland to: 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; motion carried 5:0. C10. TRAFFIC SIGNAL, MODIFICATION AT MARSH AND OSOS, SPECIFICATION NO. 90792. ACTION: Moved by Settle /Mulholland to: 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; motion carried 5:0. 1 City Council Meeting` Tuesday, May 20, 2008 Page 5 Parks and Recreation Director Kiser and Engineer Fraser presented the staff report, following which Michael Sherrod, Principle with RRM Design, Inc., provided a brief history of the existing skate park and discussed the Needs Assessment Study. They responded to Council's questions. Public Comments The following people spoke in support of an improved skate park. Their comments included, in part, that: 1) some of them would be willing to assist in raising funds for this purpose; 2) the shape of a guitar should be included in the design for the skaters; 3) skate parks attract business to and generate funding for cities in which they're located; 4) the current skate park should not be closed until a permanent park is built; 5) consideration should be given to renting out the skate park, using it for community events and other major events, including demonstrations, contests and skate camps; 6) it should be triple the size of the Los Osos skate park; and 7) the park should allow bicyclists use the park as well. A petition containing more than 500 signatures in support of the skate park was submitted. James Bruzenak, Los Osos resident with income property in San Luis Obispo Rven Cosgro, San Luis Obispo Martin Cosgro, San Luis Obispo ' Cameron McChesney, San Luis Obispo Baxter Williams, San Luis Obispo John Bruzenak, San Luis Obispo Daniel Parks, San Luis Obispo Chris Pontius, San Luis Obispo Jay LaPalm, San Luis Obispo Derrick Conahan Dan Pankaratz Brian Cully, San Luis Obispo Jackie Anava, Santa Maria Johnv Miller, San Luis Obispo Jasson Bender, San Luis Obispo Austin Condon Nigel Williams, San Luis Obispo Kevin Rucks, San Luis Obispo Kingsley Hurley Michael White, Los Osos Anthony Randazzo, San Luis Obispo Adrian Pina Kevin Clancy, San Luis Obispo ' Mike Higgins Giovanni Ghio Travis Etter, San Luis Obispo City Council Meeting Page 6 Tuesday, May 20, 2008 John Cegelski, San Luis Obispo Mike Ormonde, Arroyo Grande 1 - -end of public comments - -- Vice Mayor Brown said he would support the CAO recommendation, but asked in return that the speakers and those attending would not only act responsibly and show respect to the community by taking care of. its resources and assisting with the prevention of graffiti, but would encourage their friends to do the same. Council Members Carter, Settle, Mulholland and Mayor Romero also spoke in support of the CAO Recommendation. Discussion ensued during which staff responded to questions regarding equipment that will be used for interim improvements to ensure the safety of the park, the type of park envisioned, the need to proceed expeditiously on the new skate park, and the need for the staff to work with the speakers and community regarding financial assistance they may be able to provide. ACTION: Moved by Brown /Mulholland to: 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. 1 Receive update on Roller Hockey Rink Expansion Capital Improvement Project. The motion included the direction that the skate park must be a premier /Class A park that will serve as an economic and recreational driver, that staff will work as expeditiously as possible on the timeline for the development of the new skate park, and that staff will, while constructing interim equipment, work with members of the community to see what assistance, financial and otherwise, they can provide in this regard. The Special Meeting adjourned at 7:00 p.m., and the Regular Meeting convened at 7:20 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 20, 2008 - 7:20 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members 1 City Council Meeting Page 7 Tuesday, May 20, 2008 Present: Council Members Andrew Carter, Christine Mulholland, Allen 1 Settle, Vice Mayor Paul Brown and Mayor Dave Romero City Staff: Present: Shelly Stanwyck, Assistant City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Bill Statler, Finance and Information Technology Director; John Moss, Utilities Director; Jay Walter, Public Works Director; Betsy Kiser, Parks and Recreation Director; Gary Henderson, Water Division Manager, Linda Fitzgerald, Recreation Supervisor; Todd Bunte, Golf Course Supervisor; Tim Bochum, Deputy Public Works Director; Robert Horch, Parking Services Manager ANNOUNCEMENT Mayor Romero announced that there are vacancies on the Bicycle Advisory Committee, the Joint Use of Recreational Facilities Committee, the Mass Transportation Committee, and the Citizens Transportation Advisory Committee. PRESENTATION t Brandon Souza, outgoing President of Cal Poly ASI (Associated Students, Inc.), and Crissy Hixon, Secretary of Community Relations, presented the Mayor and Council Members with a plaque that contains the Student Community Liaison Committee's Statement of Hopes for the Community. PUBLIC COMMENT Steve Secrest, San Luis Obispo, asked Council for assistance in the removal of obstructions in and other issues related to the public drainage easement that impacts his property. City Attorney Lowell explained that this is a matter of pending litigation and will be discussed in an upcoming Closed Session. Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal harassment. The following speakers expressed concern regarding the SLO County Public Access ( SLOCOPA) operations, particularly related to suspended producers and producers whose memberships have been revoked: ' Linda Quesenbeny, SLOCOPA Producer Jacqueline Garza, San Luis Obispo City Council Meeting Tuesday, May 20, 2008 Page 8 Leslie Bearce, San Luis Obispo County Robert Bearce, San Luis Obispo County ' Patrick Germany, Paso Robles Marcia Nelson, San Luis Obispo, discussed concerns she had regarding parking issues in the vicinity of the train station. Ms. Nelson was directed to contact Parking Services Manager Robert Horch regarding this matter. City Attorney Lowell responded to the concerns expressed regarding SLO County Public Access ( SLOCOPA). He reviewed contract provisions between the City and SLOCOPA and steps that have been taken to address the City's concerns regarding a potential violation of the contract. He explained that there are matters that have been raised during these public comments which the City does not have the authority to resolve. PUBLIC HEARINGS 3. PROTEST HEARING REGARDING PROPOSED DOWNTOWN ASSOCIATION ASSESSMENT INCREASE AND POSSIBLE INTRODUCTION OF AN ORDINANCE. Downtown Association Administrator Cash presented the staff report. ' Mayor Romero opened the public hearing. Gary Fowler, San Luis Obispo, opposed the required increase. He suggested that membership in the Downtown Association should be voluntary, that a new survey should be conducted, and that the City should not providing funds to the Association. The following people spoke in support of the staff recommendation: Alex Gough, Downtown Association Board Member and businessman Carl Dudley, San Luis Obispo resident and downtown business representative Pierre Rademaker, San Luis Obispo resident and business owner Doug Shaw, owner of the Sanctuary Tobacco Shop and member of the Board Tom Swem, downtown business owner and Past President of the Board Bob Seeley, beauty salon owner Mayor Romero closed the public hearing. Council Members spoke in support of the recommendation. Council Member Carter added, however, that he was not comfortable with the manner in which the funds were allocated. City Council Meeting Page 9 Tuesday, May 20, 2008 ACTION: Moved by Mulholland /Settle to introduce an ordinance increasing the Downtown Parking and Business Improvement Area assessment; motion carried 5:0. 4. ENTERPRISE FUND BUDGET AND RATE REVIEWS. A. WATER FUND REVIEW. Utilities Director Moss and Water Division Manager Henderson presented the staff report and responded to questions. Mayor Romero opened the public hearing. None were forthcoming. Mayor Romero closed the public hearing. ACTION: By consensus, Council accepted the 2008 annual water fund financial review. B. SEWER FUND REVIEW. ' Utilities Director Moss presented the staff report and responded to questions. Mayor Romero opened the public hearing. No comments were forthcoming. Mayor Romero closed the public hearing. Council Member Carter commented that while the costs have increased on a per unit basis, the majority of users have lower bills. ACTION: Moved by Mulholland /Settle to: 1. 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; motion carried 5:0. Council recessed from 9:10 until 9:20 p.m. and the meeting reconvened with all members present. City Council Meeting Tuesday, May 20, 2008 Page 10 Council concurred to reorder the Agenda to consider the Laguna Lake Golf Course Fund at this time. 1 E. LAGUNA LAKE GOLF COURSE FUND REVIEW. Recreation Manager Fitzgerald presented the staff report. She, Golf Course Supervisor Bunte and Finance and Information Technology Director Statler responded to questions. Mayor Romero opened the public hearing. Ron Skow said that the staff presentation Agenda Report covered his concerns regarding the impact of storms on several of the fairways and said that until those are repaired, business will be lost. Mayor Romero closed the public hearing. Council Member Carter said that while he would support the increase, he believed that consideration needs to be given to ways to either increase the revenues or decrease the golf course operating costs. Mayor Romero explained that although the same concerns have been raised before, the Golf Course has never been fully self- supporting, is used primarily by seniors and youth, and it is normal for the City to subsidize uses by both groups. ACTION: Moved by Brown /Mulholland to: 1. Review and accept 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. 2. Approve the Capital Improvement Plan request of $55,000 for barrier netting and pole replacement along Hole #5. 3. Adopt Resolution No. 9985 (2008 Series) approving green fee increases of 25 cents per round effective July 1, 2008. Vice Mayor Brown left the meeting at this time. C. PARKING FUND REVIEW. Public Works Director Walter introduced this item, following which Parking Services Manager Horch presented the staff report. Discussion ensued during which staff responded to a number of questions. During this period of time, Mayor Romero suggested that consideration should be given to increasing the costs for the meters in the downtown core. He also suggested that consideration should be given to metering the streets adjacent to the Nipomo -Palm Structure. Council Member Settle concurred, but cautioned about the meter differential between the downtown core and those farther out in the residential area. City Council Meeting Page 11 Tuesday, May 20, 2008 'Mayor Romero opened the public hearing. No comments were forthcoming. Mayor Romero closed the public hearing. Council Member Carter suggested that consideration should be given to the possibility that there is a potential need for more than one parking zone. He also suggested the concept of a metered garage as a way of reducing operating costs should be considered. He suggested that the underneath of 919 Palm is too prime a space for City employees and consideration should be given to having them park in the future Palm - Nipomo structure. He also recommended putting stickers on meters to advise users of its use with a parking key. He also inquired whether Council had an interest in consideration of a parking assessment district. Council encouraged Council Member Carter to bring the concerns and suggestions raised at this meeting to the new Ad Hoc Parking Fund Review Committee, including the matter of a parking assessment district. They also agreed with the need to expand awareness of the parking key. ACTION: Moved by Settle /Mulholland to: 1. Accept 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 Council Member Carter 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; motion carried 4:0:1 (Brown absent). D. TRANSIT FUND REVIEW. Public Works Director Walter introduced this item, following which Transit Manager Webster presented the staff report. They, Deputy Director of Public Works Bochum and Assistant CAO Stanwvck responded to questions. 'Mayor Romero opened the public hearing. City Council Meeting Page 12 Tuesday, May 20, 2008 No comments were forthcoming. t Mayor Romero closed the public hearing. Council Member Carter and Mayor Romero complimented the new transit benches and buses. In response to Mayor Romero, Transit Manager Webster discussed the status of the purchase of a new trolley. ACTION: Moved by Mulholland /Carterto approve minor changes in the Transit Fund budget for 2007 -08 and 2008 -09 as outlined in the report; motion carried 4:0:1 (Brown absent). BUSINESS ITEMS 5. OPPORTUNITY TO HEAR TESTIMONY REGARDING PROPOSED TOURISM BUSINESS IMPROVEMENT DISTRICT. Assistant City Administrative Officer Stanwyck presented the staff report. Public Comments , In response to Marsha Nelson, Assistant CAO Stanwyck clarified the purpose of the proposed Tourism Business Improvement District and the assessment that would be applied to hotel properties. Ms. Nelson pointed out that an assessment hurt tourism in New York and expressed concern that the assessment not hurt tourism here. Shelly urged Ms. Nelson to consider membership on the PCC. —end of public comments— ACTION: No action was required at this time. 6. COUNCIL MEETING CALENDAR. Assistant CAO Stanwyck presented the report. Public Comments None were forthcoming. —end of public comments— 1 City Council Meeting - Page 13 Tuesday, May 20, 2008 ' ACTION: Moved by Mulholland /Settle to meet on July 151 as recommended, cancel the first meeting in August, and cancel the Regular City Council meeting of Tuesday, November 4, 2008, due to Federal, State, and Municipal Elections; motion carried 4:0:1 (Brown absent). COUNCIL LIAISON REPORTS Note that Liaison Reports were also made during the earlier meeting. Mayor Romero reported on recent activities of the Performing Arts Center Commission, the Nacimiento Water Project Commission, the San Luis Obispo Council of Governments, and the Regional Transit Authority. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:00 p.m. Audrey I/110o e City Clerk APPROVED BY COUNCIL: 06/07/08