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09/02/2008MINUTES 1 SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 2, 2008 — 6:45 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; Christine Dietrick, Assistant City Attorney; Audrey Hooper, City Clerk ANNOUNCEMENT OF CLOSED SESSION TOPIC IAssistant City Attorney Dietrick announced the following Closed Session topic: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Irons Employee Organization: San Luis Obispo Police Staff Officers' Association (SLOPSOA) 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 Assistant City Attorney Dietrick reported on the Closed Session at the commencement of the Regular meeting as indicated below. The Special Meeting adjourned at 7:05 p.m. u City Council Meeting Tuesday, September 2, 2008 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 2, 2008 - 7:05 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Page 2 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; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; and Christine Dietrict, Assistant City Attorney, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION REPORT Assistant City Attorney Dietrick reported that Council met in Closed Session to discuss labor negotiations with the San Luis Obispo Police Staff Officers' Association. Staff received direction. No further reportable action was taken. City Clerk Hooper introduced Sue Chippendale, who was recently hired to fill the vacant Administrative Assistant position in the City Clerk's office. PRESENTATION Mayor Romero presented Dennis "Skip" Parks, Dean of the Cal Poly Continuing Education and University Outreach Program, with a proclamation acknowledging the 40th anniversary of this program. APPOINTMENTS Al. APPOINTMENTS TO THE TOURISM .BUSINESS IMPROVEMENT DISTRICT (TBID) BOARD. C Council Member Carter reported on the recommendations. 1 City Council Meeting Page 3 Tuesday, September 2, 2008 ACTION: Moved by Carter /Settle to, as recommended by Council Liaison ' Subcommittee members Andrew Carter and Allen Settle, make the following appointments to the Tourism Business Improvement District (TBID) Board effective September 2, 2008: 1. Joel Koper and Jamie Wallace for a term of two years, seven months (from September 2008 through March 31, 2011). 2. Robert Mueller for a term of three years, seven months (from September 2008 through March 31, 2012). 3. John Conner and Timothy Billing for a term of four years, seven months (from September 2008 through March 31, 2013); motion carried 5:0, PUBLIC COMMENT Dave Garth, San Luis Obispo, referred to a photographic slide presentation he has prepared comparing parts of San Luis Obispo with other cities with which it competes. The presentation contains an overview of issues that have implications related to the development and competitiveness of the downtown, as well as financial implications. He asked for an opportunity to present the show at a future Council meeting. Council concurred that Mr. Garth's presentation should be agendized for the budget meeting of November 20th. Gary Fowler, San Luis Obispo, discussed the reasons why he objects to the proposed increase in sewer rates. Dan Caldon, San Luis Obispo, discussed his continuing concern regarding the development at 300 Lawrence Drive, including fire and life safety, hillside drainage, and other issues. He displayed photographs depicting his concerns. He asked for an explanation as to how changes could be made to the Planned Development without requiring that they be submitted to the Planning Commission for consideration. Assistant City Attorney Dietrick said the Planning staff has prepared a letter and memoranda addressing Mr. Caldon's legal concerns and the individual changes that were allowed to the tract map. Each of the changes permitted is in conformance with the substantial compliance requirement of the Map Act and with the City's regulations. Council Member Carter stated for the record that the Fire Marshal did not indicate that the cul de sac was substandard as originally planned, but rather that it was non - standard. Shawn McNabb, San Luis Obispo, also expressed concern regarding the 300 Lawrence Drive development. He disagreed with the City Attorney's response. He displayed photographs of project work encroaching in public space, suggested that the three or four trees appear to have been damaged and that mitigation requirements are not being followed, and question why action hasn't been taken.to stop this work. He suggested this project should be returned to the Planning Commission. t Natural Resources Manager Havlik explained that the trees in question are Buckeye trees and that they have not been damaged. He indicated that he will be meeting with Mr. City Council Meeting Tuesday, September 2, 2008 Page 4 Coss, developer and owner of the property, to discuss the encroachment issues that were raised. John Altman expressed his hope that the Morro Street bicycle boulevard will be complete before there is a change in Council Members. He discussed the importance of completing several other bicycle trails in the City. CAO Hamoian explained that decisions.regarding the Morro Street project, as well as others, have been delayed pending the September 30"' City Council meeting, at which time the budget will be discussed. Public Works Director Walter discussed the status of the railroad safety trail. Michael Gilligan, San Luis Obispo, distributed and discussed information to Council related to beekeeping. He asked Council to consider modifying its current ordinance to permit beekeeping as a hobby, Council directed staff to research and prepare a memo to Council on the City's ordinance regarding beekeeping in response to Mr. Gilligan's request. CONSENT AGENDA Council Member Settle asked that item C4 be pulled for further clarification regarding liability issues. ACTION: Moved by Carter /Mulholland to approve the Consent Agenda with the exception of Item C4 as indicated below. C1. MINUTES OF JULY 15, 2008. ACTION: Moved by Carter /Mulholland to waive the oral reading and approve the minutes as presented; motion carried 5:0. C2. APPROVAL OF A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1052 ISLAY STREET WITH MICHAEL AND SHARON SINGLETON. ACTION: Moved by Carter /Mulholland to, as recommended by the Cultural Heritage Committee (CHC), adopt Resolution No. 10012 (2008 Series) approving a Mills Act Historic Preservation Contract for the property located at 1052 Islay Street; motion carried 5:0. C3. STORM DRAIN IMPROVEMENTS.— ALMOND STREET, SPECIFICATION NO. 90822. 1 City Council Meeting Page 5 Tuesday, September 2, 2008 ACTION: Moved by Carter /Mulholland to: 1. Approve the plans and specifications for . Storm Drain Improvements — Almond Street, Specification Number 90822. 2. Authorize Staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineers Estimate of $142,570; motion carried 5:0. C4. APPROVAL OF A 12 -MONTH PILOT SLACKLINING PROGRAM IN MEADOW PARK. Assistant City Attorney Dietrick and Parks & Recreation Director Kiser . responded to Council Member Settle's questions regarding potential liability. ACTION: Moved by Mulholland /Brown to, as recommended by the Parks and Recreation Commission: 1. Approve a 12 -month pilot program to allow slacklining to take place in a designated area of Meadow Park subject to established City rules and regulations; and 2. Adopt Resolution No. 10013 (2008 Series) that temporarily suspends enforcement of Section 12.24.130 (Protection of Trees) of the Municipal Code when such apparent violation stems from slacklining activity occurring in the specifically designated area in Meadow Park; motion carried 5:0. C5. APPROVAL OF AMENDED CONSERVATION COVENANTS AND AGREEMENT WITH CHARLES ZANOLL AFFECTING REAL PROPERTY AT ' 1095 AND 1043 MARSH STREET. -SAN LUIS OBISPO. ACTION: Moved by Carter /Mulholland to: 1. Approve an Amended and Restated Declaration of Conservation Covenants in favor of the United States of America, and authorize the Mayor to sign; and 2. Approve a Mutual Property Use, Hold Harmless, and Indemnification Agreement with Charles Zanoli, and authorize the Mayor to sign; motion carried 5:0. C6. ADOPTION OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP ADJUST THE BOUNDARY BETWEEN THE EXISTING OFFICE AND MEDIUM - HIGH DENSITY RESIDENTIAL ZONING CATEGORIES ON THE SITE AT 1321 AND 1327 OSOS STREET (GP /R 102 -07). ACTION: Moved by Carter /Mulholland to adopt Ordinance No. 1519 (2008 Series) which adjusts the boundary between the Medium -High Density Residential (R -3) and Office (0) zoning designations on the site at 1321 & 1327 Osos Street to match the approved Land Use Element Map designations; motion carried 5:0. PUBLIC HEARINGS 1. ADOPTION OF SEWER RATE CHANGE. 1. Acting Utilities Director Hix and Senior Administrative Analysis Bishop presented the agenda report and responded to questions. City Council Meeting Page 6 Tuesday, September 2, 2008 Mayor Romero opened the public hearing. Gary Fowler, San Luis Obispo, spoke in opposition to the sewer rate increase and suggested that funds raised from Measure Y and the 5 % utility users tax to cover the sewer increase until a final fee allocation re the Nacimiento Water project can be decided. Tenn Mohan, San Luis Obispo, spoke in opposition to the sewer rate increase as well as the Nacimiento Water Project. Mayor Romero closed the public hearing. Council Member Mulholland corrected misinformation she gave to a caller who did not leave a telephone number. She clarified that increase is 50 cents per unit, depending on usage, not per month. She supported the recommendation in that she believes that utilities need to be paid for by the user. In response to Mr. Fowler, Council Member Carter clarified that water and sewer needs are funded by enterprise monies, not the general fund. He said it would be inappropriate to use Measure Y or utility taxes for that purpose. He spoke in support of the recommendation. Vice Mayor Brown and Mayor Romero also spoke in support of the recommendation ACTION: Moved by Mulholland /Carter to adopt Resolution No.. 10014 (2008 Series) increasing the sewer volume charges $0.50 from $5.56 /CCF to $6.06 /CCF effective September 3, 2008; motion carried 5:0. 2. BUSINESS ITEMS THE LAND CONSERVANC` FREDERICK K. GLICK. NS WITH Natural Resources Manager Havlik presented the agenda report and responded to questions. Public Comments Jan Marx, San Luis Obispo, spoke in support of the recommendation and urged Council to approve it. I 1 Bob Hill, Conservation Director of Land Conservancy of SLO County, also supported the recommendation and made himself available to respond to questions. 1 City Council Meeting Page 7 Tuesday, September 2, 2008 Steve Del Martini, San Luis Obispo, suggested that the City pursue partnership t agreements instead of conservation easements such as the 180 -acre Bowden Ranch conservation easement. However, he encouraged Council to adopt the recommendation for the current real property transactions. ---end of public comments— Council Members expressed appreciation to Natural Resources Manager Havlik for his efforts in the acquisition of the 180 -acre Bowden Ranch open space and spoke in support of the recommendation. ACTION: Moved by Settle /Brown to: 1. Adopt Resolution No. 10015 (2008 Series) to assign an existing conservation easement covering 180 acres of the Bowden Ranch Open Space (donated to the City of San Luis Obispo in 2001) to the Land Conservancy of San Luis Obispo County, and authorize the Mayor to sign; 2. Adopt Resolution No. 10016 (2008 Series) to acquire an undivided one -half interest in a 180 acre portion of the Bowden Ranch Open Space from Mr. Glick for $120,000, which will give the City full ownership of said property, and authorize the Mayor to sign; 3. Adopt Resolution No. 10017 (2008 Series) to sell 13.62 acres of surplus City property on Stenner Creek Road to Mr. Glick for $320,000, and authorize the Mayor to sign; 4. Adopt Resolution No. 10018 (2008 Series) to accept the donation of a conservation easement on approximately 12.5 acres of the Stenner Creek Road property from Mr. Glick, and t authorize the Mayor to sign; and 5. Adopt Resolution No. 10019 (2008 Series) to acquire, in cooperation with the Land Conservancy of San Luis Obispo County, an agricultural conservation easement covering the 838 acre Stenner Ranch at a price of $850,000, and authorize the Mayor to sign. 6. Authorize the City Attorney to approve all agreements and documents necessary to facilitate these transactions; motion carried 5:0. 3. GOAL - SETTING AND FINANCIAL PLAN SCHEDULE FOR 2009 -11. CAO Hampian introduced this item, following which Finance and Information Technology Director Statler presented the agenda report and responded to questions. Public Comments Marcia Nelson, San Luis Obispo, urged Council to make the beautification of the City a top priority. She expressed particular concern regarding the need for a proactive graffiti removal program. Assistant City Attorney Dietrick reviewed the City's current program, which includes Ms. Nelson's suggestions. I---end of public comments- City Council Meeting Tuesday, September 2, 2008 Page 8 Council Members spoke in support of the goal- setting process and the Financial Plan schedule for 2009 -11. ■ Council concurred with Council Member Carter's suggestion that a question be included in the utility bill insert (i.e., the Community Budget Bulletin) regarding services that citizens believe should be reduced. They did not concur with his suggestion that there is not a need to hire an outside facilitator to conduct the meetings. ACTION: Moved by Mulholland /Brown to approve the goal- setting and Financial Plan schedule for 2009 -11, with direction to staff to prepare a question for inclusion in the Community Budget Bulletin that will be inserted in City utility bills regarding services citizens believe the City should reduce; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland said she attended the Integrated Waste Management Authority Executive Committee meeting, but would defer her report until after the full Board meeting is held. Council Member Carter reported on a discussion at a recent Downtown Association meeting regarding the change in relationship between the City and the Association, and whether official Council representation should be required at those meetings. Council Member Settle reported on the activities of the Airport Land Use Commission. 1 Mayor Romero reported on the recent Nacimiento Project Commission meeting. COMMUNICATIONS None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:17 p.m. t Au rey Hooper City Clerk APPROVED BY COUNCIL: 10/07/08 1