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06/03/2008MINUTES 1 SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 312008 — 6:15 P.M. FINANCE AND INFORMATION TECHNOLOGY CONFERENCE ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 1 1 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 ANNOUNCEMENT OF CLOSED SESSION TOPIC City Attorney Lowell announced following 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 PUBLIC COMMENT ON CLOSED SESSION ITEM Mayor Romero called for public comments. None were forthcoming and the meeting adjourned to the Closed Session: CLOSED SESSION REPORT City Council Meeting Tuesday, June 3, 2008 Page 2 City Attorney Lowell reported on the Closed Session at the commencement of the Regular meeting as indicated below. The Special Meeting adjourned at 6:50 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 312008 - 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; and Shelly Stanwyck, Assistant City Administrative Officer, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION REPORT City Attorney Lowell reported that Council met in Closed Session to discuss negotiations with its real property negotiators concerning City -owned property at Palm, Morro, Chorro, and Monterey Streets, also known as the proposed Chinatown project site. Council provided direction to its negotiators regarding modification of the Option to Purchase Real Property Agreement. There was no further reportable action. PRESENTATIONS Mayor Romero and Council Members presented San Luis Obispo High School students with Certificates of Appreciation for Community Service. Instructor Ursula Bishop assisted. Joe Carotenuti and Dean Miller, community volunteers and historians, discussed the value of the City's historical records dating back more than 100 years and the importance of preserving these records. They presented Council with copies of 1 a brochure designed by Mary Verdin entitled, "Saving Yesterday for Tomorrow," City Council Meeting Tuesday, June 3, 2008 Page 3 which will be widely distributed as they pursue the Citywide historical records ' restoration project. Members of the community will be given an opportunity to sponsor the restoration of a historical book or documents. Mayor Romero announced vacancies on the Bicycle Advisory Committee, Joint Use of Recreational Facilities Committee, Mass Transportation Committee, and the San Luis Obispo Council of Governments Community Transportation Advisory Committee. Al. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION. Council Member Mulholland reported on this appointment. ACTION: Moved by Mulholland /Settle to appoint Gill Blonsley to the Human Relations Commission (HRC) effective June 3, 2008, and expiring on March 31, 2012, as recommended by the Council Subcommittee; motion carried 5:0. PUBLIC COMMENT Julia Lehrman expressed concern regarding the lack of lighting in the vicinity of Hathaway and Orange. Cal Poly students Ad DiFrancesco and Alisha Kum stood with Ms. Lehrman in support of her concerns but did not comment. Ms. Lehrman will further discuss her concerns with Public Works Director Walter. Terry Mohan, San Luis Obispo, expressed his continuing opposition to increased water and sewer rates. Dan MacKirdy, San Luis Obispo, expressed concerns he's discussed with Public Works staff regarding the increase of speeders on Morro Street since the stop signs at Buchon, Islay and Church Streets were removed. He urged that staff move expeditiously in completing the Bill Roalman Bicycle Boulevard and not wait until each phase is completed to again measure the traffic speeds in that area. Public Works Director Walter discussed the status of and steps that will be taken to complete the remaining phase of the Bicycle Boulevard project. Construction of this final phase should be underway in the latter part of September. Ron Bearce, San Luis Obispo, referred to local media coverage related to Charter's financial status, asked Council to investigate Charter's role in the operations of SLO County Public Access, and suggested a public forum should be held to discuss his concerns. Gary Fowler, San Luis Obispo, suggested that Copeland should consider solar paneling for its Chinatown project. He suggested that action should be taken to City Council Meeting Tuesday, June 3, 2008 Page 4 resolve health and safety issues at businesses on Roberto Lane, Sacramento Street and several areas bordering the railroad and creek in that area. , Mayor Romero asked staff to investigate Mr. Fowler's concerns. CONSENT AGENDA Council Member Mulholland opposed item C5 pa.rticiularly because Council Members are volunteers and this City pays the highest of most comparison cities. She said she would oppose item C8 for reasons previously stated. Council Member Carter asked that item C5 be pulled for discussion. Tent/ Mohan, San Luis Obispo, spoke in opposition to item C2. He suggested that this program is, in essence, a subsidy to property owners from public funds. ACTION: Moved by Carter /Brown to approve the Consent Agenda, with the exception of item C5, as indicated below. C1. MINUTES OF TUESDAY, APRIL 15, 2008. ACTION: Moved by Carter /Brown to waive oral reading and approve as presented; motion carried 5:0. ' C2. RESOLUTION AUTHORIZING THE COUNTY'S COLLECTION OF FIRE ACTION: Moved by Carter /Brown to adopt Resolution No. 9986 (2008 Series) enabling the continued collection of multi - dwelling property fire and life safety inspection fees via the secured property tax roll administered by the County; motion carried 5:0. C3. MILLS ACT CONTRACT FOR THE HISTORIC SHIPSEY HOUSE (CHCMA 10 -08). ACTION: Moved by Carter /Brown to adopt Resolution No. 9987 (2008 Series) approving a Mills Act contract for the historic Shipsey House located at 1266 Mill Street (CHCMA 10 -08); motion carried 5:0. C4. NOMINATION OF CONTRIBUTING HISTORIC PROPERTY TO THE MASTER LIST OF HISTORIC RESOURCES AND APPROVAL OF MILLS ACT CONTRACT FOR THE PROPERTY AT 1333 MILL STREET (CHCMA 143 -07). ACTION: Moved by Carter /Brown to: 1. Adopt Resolution No. 9988 (2008 Series ) placing the property at 1333 Mill Street on the City's Master List of City Council Meeting Tuesday, June 3, 2008 Page 5 Historic Resources with the historic name, "Burch House." 2. Adopt Resolution ' No. 9989 (2008 Series) approving a Mills Act contract for the historic Burch House at 1333 Mill Street; motion carried 5:0. Item C5 was pulled from the Consent Agenda and considered for separate action. C5. 2008 COUNCIL COMPENSATION COMMITTEE RECOMMENDATION. Council Member Mulholland spoke on this item prior to action on the Consent Agenda. Council Member Carter, Vice Mayor Brown and Mayor Romero spoke in support of the recommendation. ACTION: Moved by Carter /Brown to adopt Resolution No. 9990 (2008 Series) amending Council Policies and Procedures to: 1. Include the following sentence as an introduction to Chapter 2, Council Compensation: "In recognition of Council's service to the community, a salary is provided to compensate for substantial time demands. However, this salary is not intended to be a sustaining income." 2. Increase salaries for the Mayor and Council Members by 6% effective the first full pay period in January 2009. 3. Maintain the current ' stipend for the Planning Commissioners and Architectural Review Commissioners; motion carried 3:2 (Mulholland /Settle opposed). C6. FINAL FACILITATE RESTRUCTURING OF THE DOWNTOWN ASSOCIATION. ACTION: Moved by Carter /Brown to adopt Ordinance No. 1512 (2008 Series); motion carried 5:0. C7. 1 INCREASE THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT. ACTION: Moved by Carter /Brown to adopt Ordinance No. 1516 (2008 Series); motion carried 5:0. C8. PRE - ANNEXATION AGREEMENTS PROPOSED FOR SAN LUIS OFFICE PARK AND HANSON AGGREGATES IN THE AIRPORT AREA. ACTION: Moved by Carter /Brown to authorize the Mayor to execute Pre- , Annexation Agreements with San Luis Business Park and Hanson Aggregates in City Council Meeting Page 6 Tuesday, June 3, 2008 substantially the same form as the drafts attached to the report and approved by the City Attorney; motion carried 4:1 (Mulholland opposed). 1 C9. AGREEMENT FOR PARTICIPATION IN REGIONAL SWAT TEAM. ACTION: Moved by Carter /Brown to authorize the Chief of Police to execute an agreement to facilitate the City's participation in the San Luis Obispo Regional Special Weapons and Tactics Team (Regional SWAT) and to allow execution of any modification to the proposed agreement if approved by the City Attorney and involve only non - substantive changes; motion carried 5:0 C10. APPROPRIATIONS LIMIT FOR 2008 -09. ACTION: Moved by Carter /Brown to adopt Resolution No. 9991 (2008 Series) establishing the City's appropriations limit for 2008 -09; motion carried 5:0. C11. QUITCLAIM OF EASEMENT ON 3600 SOUTH HIGUERA. ACTION: Moved by Carter /Brown to adopt Resolution No. 9992 (2008 Series) relinquishing the City's interest in an exclusive easement on the property at 3600 South Higuera, and authorize the Mayor to execute the quitclaim deed; motion carried 5:0. PUBLIC HEARINGS 1. ADOPTION OF 2008 -09 BUDGET. CAO Hampian made some introductory remarks following which Finance and Information Technology Director Statler and Assistant CAO Stanwvck presented the staff report. They and Public Works Director Walter responded to questions. Mayor Romero opened the public hearing. Gary Fowler, San Luis Obispo, clarified that the entire Highway Patrol budget comes out of the Motor Vehicle License Fund, not the State's General Fund as indicated in the presentation. He questioned whether the City of Vallejo's bankruptcy might impact other cities. He discussed the potential impact of the Governor's failed attempt for a bond issue to resolve overcrowding of prisons. Finance and Information Technology Director Statler responded to Mr. Fowler's questions and explained why issues leading to Vallejo's bankruptcy were unique to that City. A brief discussion followed regarding the potential impact that binding arbitration may have on the City's budget. 1 City Council Meeting Tuesday, June 3, 2008 Page 7 Mayor Romero closed the public hearing. ' Council Member Carter referred to a request from the Economic Vitality Corporation (EVC) for an increase from $5,000 to $20,000 in the annual operational funds provided by the City. He explained why he believed that the City should at least fund the EVC at $10,000 for the next year of this budget cycle (i.e., at the same level as Paso Robles) and consider an additional increase during the next two -year budget cycle. Council Member Mulholland said she thought this action should be deferred until the City' next budget cycle and a report has been received on the Economic Development Vision which is in process. Council Member Brown discussed the need for budget reductions in the past, when the City's funding was reduced, and spoke in support of Council Member Carter's suggestion. Mayor Romero concurred with Council Member Carter and Vice Mayor Brown. ACTION: 1) Moved by Settle /Mulholland to adopt Resolution No. 9993 (2008 Series) approving the 2007 -09 Financial Plan Supplement and 2008 -09 Budget; motion carried 5:0. 2) Moved by Brown /Carter to increase the budget for 2008- , 09 for the EVC by $5,000 to $10,000; tamed 3:2 (Mulholland /Settle opposed). Council recessed from 8:55 to 9:06 p.m. and the meeting reconvened with all members present. 2. Principle Administrative Analyst. Elke presented the staff report. She and City Attorney Lowell responded to questions. Promotional Coordinating Committee Chairperson (PCC) Kate Norton was present to answer questions on behalf of the PCC if required. - Mayor Romero opened the public hearing. John Connor, member of the PCC, expressed appreciation to staff and others who have assisted with moving this project forward. Robert Mueller noted the support of local hoteleirs and mentioned that interest has been expressed in the possibility of using SLO's model elsewhere in the county. Mayor Romero closed the public hearing. City Council Meeting Page 8 Tuesday, June 3, 2008 Council discussion followed during which City Attorney Lowell clarified that the Council determines how the funds are to be spent. Finance Director Statler t added that while there will be additional staff time involved in collecting the assessment, if the program is successful and increases the transient occupancy tax, it will compensate for staff costs. He noted that the program may be reviewed on a year -to -year basis. ACTION: Moved by Mulholland /Settle to: 2) Determine that there was less than a majority protest. 3. Introduce Ordinance No. 1516 (2008 Series) establishing the Tourism Business Improvement District in the City of San Luis Obispo; motion carried 5:0. 3. APPEAL OF AWARD OF TANK FARM PROJECT CONTRACT. Wastewater Division Manager Hix presented the staff report. Richard Fischer, Construction Manager, was present to respond to questions. Mayor Romero opened the public hearing. Attorney Treven Tilbury, Attorney representing the appellant (Whitaker Contractors), discussed the basis of Whitaker's protest to awarding the bid for the Tank Farm Project to Mountain Cascade. He elaborated on why he believes the contractor was required to possess a Hazardous Substances Removal 1 Certificate endorsement at the time the bids were opened. Appellant Brett Whitaker expanded on Mr. Tilbury's explanation. He displayed drawings in support of his belief that it was conveyed to bidders that hazardous waste work would be required with this project, and why a lack of the certificate was problematic at the time bids were opened. John Busby, Attorney representing Mountain Cascade, noted the qualifications of Mountain Cascade and explained why he believed the protest was invalid. He reviewed requirements set forth in the Public Contract Code for public agencies to include the type of classification contractors will need to possess at the time of the bid and said this was done. He referenced sections of the Business & Professions Code which allows the public agency to select the type of contract it deems is necessary to complete a project. Mr. Tilbury cited sections of the Business and Professions Code and explained why he disagreed with Mr. Busby on several points. City Attorney Lowell said that his office has reviewed this matter and continues to support the CAO recommendation. Mayor Romero closed the public hearing. 1 City Council Meeting Tuesday, June 3, 2008 Page 9 Council Member Carter, Vice Mayor Brown and Mayor Romero noted their ' support of the City Attorney's advice and the CAO recommendation. ACTION: Moved by Mulholland /Carter to deny the appeal by Whitaker Contractors, Inc. and affirm contract award to Mountain Cascade Inc., in the amount of $9,179,000.00 for the Tank Farm Gravity Sewer, Lift Station and Force Main Project, Specification No. 99703; motion carried 5:0. None. COUNCIL LIAISON REPORTS COMMUNICATIONS Council Member Mulholland referred to her memorandum (on file in the City Clerk's office) requesting Council to direct staff to bring forward an ordinance that would prohibit businesses from leaving doors open when either the heat or air conditioning is on. Council Members Carter and Settle concurred, and staff will agendize this matter for future discussion. Council Member Brown referred to his attendance at a workshop at Cal Poly orchestrated by Police Chief Linden during which she corrected misinformation ' posted on the Facebook intemet site regarding increased police enforcement and the use of Measure Y funds. During the workshop, she clarified that it is not intended to target the student population. Council Member Carter referred to an email Council received regarding the possibility of implementing an outdoor ban on smoking. There was no support to pursue this matter further. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:08 p Audrey Hoo r City Clerk APPROVED BY COUNCIL: 07/01/08 1