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                                                                                           MEETING                  AGENDA,
                                                                                           DATE ...        . i? :. ITEM # Si
                                                MINUTE S
                                   SPECIAL MEETING OF THE CITY COUNCI L
                                         CITY OF SAN LUIS OBISP O
                                      TUESDAY, JULY 1, 2008 - 6 :15 P.M .
                                         COUNCIL HEARING ROOM
                                             990 PALM STREET
                                       SAN LUIS OBISPO, CALIFORNI A


       ROLL CALL :

       Council Members
       Present :  Council Members Christine Mulholland, Vice Mayor Paul Brown, an d
                  Mayor Dave Romero were present at Roll Call . Council Member Carte r
                  participated via a conference call . Council Member Settle was seated a t
                  6:20 p.m .

               f
       City Staf
       Present:           Ken Hampian, City Administrative Officer ; Jonathan Lowell, City Attorney ;
                          and Audrey Hooper, City Clerk, were present at Roll Call . Other staf f
                          members presented reports or responded to questions as indicated in th e
                          minutes .
       ----------------------------------------------------------------------------------------------------------------------- -
       ANNOUNCEMENT OF CLOSED SESSION TOPI C

       City Attorney Lowell announced the following Closed Session topic:

       CONFERENCE WITH LABOR NEGOTIATOR S
       Pursuant to Government Code § 54957 . 6

       AGENCY NEGOTIATORS :                          Rachael Hendricks, Monica Iron s

       EMPLOYEE ORGANIZATIONS : Confidential Employee s
                                 Management Employee s
                                 San Luis Obispo City Employees' Associatio n
                                 San Luis Obispo City Firefighters, Local 352 3
                                 San Luis Obispo Police Officers' Associatio n

       PUBLIC COMMENT ON CLOSED SESSION ITE M

       Mayor Romero called for public comments.

       Dane Senser, San Luis Obispo, expressed concern regarding the impact of th e
       arbitrator's decision on the use of Measure Y funds . He said he would support an d
       work on behalf of a community effort to initiate a ballot measure that would remov e
       binding arbitration from the City's Charter .




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      City Council Meeting                                                                                Page 2
      Tuesday, July 1, 200 8



      No other comments were forthcoming and the meeting adjourned to the Close d
      Session .

      CLOSED SESSION REPORT

      City Attorney Lowell reported on the Closed Session at the commencement of th e
      Regular meeting as indicated below .

      The Special Meeting adjourned at 7 :00 p.m.
      ----------------------------------------------------------------------------------------------------------------------- -
                                                         MINUTE S
                                  REGULAR MEETING OF THE CITY COUNCI L
                                              CITY OF SAN LUIS OBISP O
                                        TUESDAY, JULY 1, 2008 — 7 :00 P.M.
                                    COUNCIL CHAMBER, 990 PALM STREE T
                                          SAN LUIS OBISPO, CALIFORNI A

      ROLL CALL :

      Council Member s
      Present:          Council Members Christine Mulholland and Allen Settle, Vice Mayor Pau l
                        Brown, and Mayor Dave Romero were present at Roll Call . Council
                        Member Carter participated via a conference call.

              f
      City Staf
      Present:           Ken Hampian, City Administrative Officer ; Jonathan Lowell, City Attorney,
                         and Audrey Hooper, City Clerk, were present at Roll Call . Other staff
                         members presented reports or responded to questions as indicated in th e
                         minutes .
      ----------------------------------------------------------------------------------------------------------------------- -
                                              CLOSED SESSION REPOR T

      City Attorney Lowell reported that a Closed Session was held at 6 :15 p.m . to discuss
      matters as indicated on the Closed Session agenda . Council provided direction to its
      labor negotiators . There was no further reportable action.
      -------------------------- ---------- ------------ -------------------------------------------------------------------- -

                                                      PRESENTATIONS

      Finance and Information Technology Director Statler introduced the following ne w
      employees : Jennifer Thompson who was promoted to the position of Revenu e
      Supervisor; Lorraine Colleran, Accounting Assistant I ; Laurie Lucich, Accounting Assistan t
      I Kim Youngblood, Accounting Assistant I ; Barbara Hage, Accounting Assistant I ; and
      Miguel Guardado in absentia, Network Administrator .




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       City Council Meeting                                                                                 Page 3
       Tuesday, July 1, 200 8

       Manor Romero presented Parks and Recreation Director Kiser and Public Informatio n
       Officer Lopez with a proclamation proclaiming July 2008 as Parks and Recreation Month .
       ----------------------------------------------------------------------------------------------------------------------- -
                                                    PUBLIC COMMENTS

       Gary Fowler, San Luis Obispo, discussed his objection to the proposed increases i n
       sewer rates .

       Sifu Kelvin-Harrison, San Luis Obispo, discussed his ongoing concerns regarding
       personal harassment .

       Dane Senser, San Luis Obispo, discussed his concerns related to the impact th e
       arbitrator's decision will have on Measure Y funds and supported pursuing a ballo t
       initiative to insure a similar situation doesn't arise in the future .

       The following people expressed concern regarding the operations of the SLO Count y
       Public Access Board . Their concerns included the treatment of producers at SLOCOP A
       Board meetings, the lack of diversity on the station, discriminatory behavior, failure o n
       the part of Charter Communications to comply with its Franchise Agreement to provid e
       public access, inaccuracies contained in the City Clerk's report to Council, and failure o f
       SLOCOPA to comply with its agreement with the City .

       Ron Bearce, San Luis Obispo
       Kim Harris, San Luis Obispo, Board of Sharing the Drea m
       Thomas Abia, Cal Poly Student
       Patrick German y

       In response to Council Member Brown, Mr. Bearce explained that he is asking fo r
       further mediation of these concerns at a public forum .

       A brief discussion followed during which Council Member Mulholland, expresse d
       concern regarding the continuing charges related to discrimination . Council directe d
       this matter to the Human Relations Commission for the purpose of considering th e
       charges of discrimination on the part of Charter Communications and the SLOCOP A
       Board.

       Council Member Carter reminded Council that the City does not have control of thi s
       independent organization, and that the only decision Council can ultimately make is
       related to its contract with SLOCOPA.

       Terry Mohan, San Luis Obispo, spoke in support of the results of binding arbitration an d
       opposed an initiative removing binding arbitration from the City's Charter .

       Arnold Ruiz, San Luis Obispo, discussed his concerns regarding the condition o f
       Laguna Lake .
       ----------------------------------------------------------------------------------------------------------------------- -




     DRAFT
                                                                                                                                   CA-3
	


      City Council Meeting                                                                                 Page 4
      Tuesday, July 1, 2008

                                                      APPOINTMENT S

      Al .     APPOINTMENTS TO ADVISORY BODIES .

      Council Member Brown reported on the Architectural Review Committee and Bicycle
      Advisory Committee interviews and recommendations .

      Mayor Romero reported on the recommendation for the appointment to the SLOCO G
      Citizens' Transportation Advisory Committee .
                                                                                                           p
      ACTION : Moved by Settle/Mulholland to: 1 . As recommended by Counci l
      Subcommittee members Paul Brown and Allen Settle, appoint Christopher Weber to th e
      Architectural Review Committee for an unexpired term ending on March 31, 2011 . 2 . As
      recommended by Council Subcommittee members Paul Brown and Christin e
      Mulholland, appoint Matt Colonell to the Bicycle Advisory Committee for an unexpire d
      term ending on March 31, 2009 . 3. As recommended by Mayor Romero, appoint Joh n
      Schutz to serve as the City's representative on the San Luis Obispo Council of
      Governments (SLOCOG) Citizens' Transportation Advisory Committee (CTAC) for a n
      unexpired term ending on March 31, 2012 ; motion carried by a roll call vote of 5 :0 .
      ----------------------------------------------------------------------------------------------------------------------- -
                                                    CONSENT AGEND A

      Council Member Mulholland asked that item C3 be pulled from the Consent Agenda fo r
      discussion. She referred to item C10 and said that she will not oppose th e
      recommendation because of its value to the City's open space program . However, sh e
      had concerns that if the Irish Hills property is annexed to the City, the Filipponi-Den Bow
      property will become contiguous, which could lead to its future annexation an d
      development on the edge of the city, which she opposes .

      ACTION : Moved by Settle/Brown to approve, with the exception of item C3, the Consen t
      Agenda as indicated below .

      Cl .     MINUTES OF JUNE 3 AND 11, 2008 .

      ACTION: Moved by Settle/Brown to waive the oral reading and approve, with revision s
      recommended in a red file memo, the June 3, 2008, minutes ; motion carried by a roll
      call vote of 5 :0.

      C2.      COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AN D
               DISPOSAL ACCOUNTS .

      ACTION : Moved by Settle/Brown to adopt Resolution No . 10001 (2008 Series )
      authorizing the San Luis Obispo County Assessor to assess the amounts due to Sa n
      Luis Garbage Company on delinquent accounts for provision of solid waste collectio n
      and disposal services as described within Municipal Code Section 8 .04.070 as liens
      against the properties involved ; motion carried by a roll call vote of 5 :0.




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      City Council Meeting                                                        Page 5
      Tuesday, July 1, 2008


      C3. RESPONSE TO GRAND JURY REPORT ON NACIMIENTO PROJEC T

      Terry Mohan, San Luis Obispo, suggested there is enough water in the City's plan to las t
      until build out and objected to approval of this project without a vote by the citizens .

      Council Member Mulholland stated her disagreement with the Agenda Report, particularl y
      with item B in the response to the Grand Jury . She suggested it should not be difficult t o
      include information in customers' utility bills that would indicate what amount i s
      attributable to the Nacimiento project.

      ACTION : Moved by Brown/Settle to authorize the Mayor to send a letter responding to
      questions raised by the San Luis Obispo Grand Jury relative to the Nacimiento Wate r
      Project ; motion carried by a roll call vote of 4 :1 (Mulholland opposed) .

      C4.    PREFUMO CREEK BICYCLE AND PEDESTRIAN BRIDGE, SPECIFICATIO N
             NO 90806.

      ACTION: Moved by Settle/Brown to: 1 . Authorize the Finance Director to approve a
      purchase order in the amount of $72,239 with Wallace Group for design services o f
      "Prefumo Creek Bicycle and Pedestrian Bridge, Specification No . 90806 ." 2 . Approv e
      the transfer of $39,239 from the construction phase to the design phase of this project
      to support these services ; motion carried by a roll call vote of 5 :0.

      C5.    PARK RESTROOM REPLACEMENTS PROJECT — LAGUNA LAKE AN D
             SANTA ROSA PARK RESTROOMS .

      ACTION : Moved by Settle/Brown to : 1 . Appropriate $58,057 in approved State gran t
      revenue to the project budget . 2 . Authorize the transfer of $58,000 from the projec t
      construction account to the project design account to provide for Laguna Lake an d
      Santa Rosa restroom design fees . 3 . Award a Purchase Order to BFGC Architecture i n
      the amount of $34,620 for restroom design services for Laguna Lake Park . 4. Authoriz e
      the Finance Manager to execute the Purchase Order ; motion carried by a roll call vot e
      of 5 :0.

      C6.    EMERGENCY SERVICES CONTRACT WITH CALIFORNIA POLYTECHNI C
             STATE UNIVERSITY (UNIVERSITY) .

      ACTION: Moved by Settle/Brown to approve a five year contract (July 1, 2008 until
      June 30, 2013) with California Polytechnic State University (University) for emergenc y
      response services to the University and authorize the Mayor to execute the contract ;
      motion carried by a roll call vote of 5 :0 .

      C7.    REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG )
             PROGRAM FUNDS .




    DRAFI                                                                                       CA-5'
		


       City Council Meeting                                                                               Page 6
       Tuesday, July 1, 200 8

       ACTION : Moved by Settle/Brown to, as recommended by the Human Relation s
       Commission : 1 . Authorize the re-allocation of a total of $25,000 in CDBG funds fro m
       the 2005, 2006, and 2007 program years from the Economic Opportunity Commissio n
       (EOC) to HomeBase in order to continue consultant services for development of a 10 -
       Year-Plan to End the Chronic Homelessness . 2 . Forward the Council's funding
       recommendations for amending the 2005, 2006, and 2007 Action Plans to the Count y
       Board of Supervisors ; motion carried by a roll call vote of 5 :0.

       C8.     RESOLUTION AND AGREEMENT TO APPROVE A LOT LINE ADJUSTMEN T
               TRANSFERRING A PORTION OF CITY OWNED PROPERTY TO DEPOT
               SQUARE, LP .

       ACTION: Moved by Settle/Brown to adopt Resolution No . 10002 (2008 Series) ,
       authorizing the transfer of approximately 8,184 square feet of City owned property t o
       Depot Square, LP . 2 . Authorize the Mayor to execute the Real Property Exchang e
       Agreement setting forth the terms of the property transfer and a separate hold harmles s
       and indemnification agreement, to be drafted at the direction of and subject to th e
       approval of the City Attorney, relating to possible site contamination motion carried by a
       roll call vote of 5 :0.

       C9.      LEASE OF REAL PROPERTY 45 PRADO ROAD .

       ACTION : Moved by Settle/Brown to adopt Resolution No . 10003 (2008 Series)
       authorizing the Mayor to execute an agreement for the lease of unimproved City-owned
       property at 45 Prado Road to Mountain Cascade, Inc . at a rate of $500 per month fo r
       ten months; motion carried by a roll call vote of 5 :0 .

       C10. AUTHORIZATION TO ENTER OPTION AGREEMENT FOR PURCHASE O F
            PROPERTY FROM IRISH HILLS PLAZA EAST, LLC .

       ACTION : Moved by Settle/Brown to: 1 . Approve an Option Agreement with Irish Hill s
       Plaza East, LLC (Phyllis Madonna, owner), for the purchase within the next two years of
       approximately 310 acres adjacent to the Irish Hills Nature Reserve and authorize th e
       Mayor to execute the Option Agreement . 2 . Direct Staff to pursue grant funding an d
       local donations to meet a substantial portion of the purchase price ; motion carried by a
       roll call vote of 5 :0 .
       --------------------------------------------------------------------------------------------------------------------- -
                                                      BUSINESS ITEM S

                2008-2009 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID (GIA )
                FUNDING RECOMMENDATIONS .

       Human Resources Director Irons and Human Relations Commission Chair Lamb made
       the staff presentation .




     DRAFT
                                                                                                                           C
	


      City Council Meeting                                                              Page 7
      Tuesday, July 1, 2008

      Public Comments

      No comments were forthcoming .

      ---end of public comments---

      Council Members expressed appreciation to the HRC for its work on this project an d
      indicated their support of the funding recommendations .

      ACTION : It was moved by Brown/Mulholland to, as recommended by the HRC ,
      approve the 2008-2009 GIA allocations and authorize the City Administrative Officer t o
      execute agreements with each grant recipient ; motion carried by a roll call vote 5 :0.

      2.     SECOND MODIFICATION TO OPTION AGREEMENT FOR THE PURCHAS E
             OF PROPERTY FROM THE CITY BY COPELAND ENTERPRISES FOR TH E
             CHINATOWN PROJECT .

      CAO Hampian, Economic Development Manager Clark, Community Developmen t
      Director Mandeville, Consultant Allan Kotin, and City Attorney Lowell made the staff
      presentation . Consultant Kotin responded to Council's questions .

      Council recessed at 9 :02 p.m . and the meeting reconvened at 9 :15 p.m . with all member s
      present (Council Member Carter via teleconference) .

      Public Comments

      Mark Rawson, Project Architect, representing the Copelands, spoke on behalf of an d
      urged Council to support the project .

      David Brodie, representing Save Our Downtown Association, said that the Associatio n
      members think the sale of the property should be conditioned on : 1) preservation an d
      restoration of the master list of historical properties on the site ; 2) restricting the height of
      buildings to not exceed 50 feet overall ; and 3) increasing the mix of affordable housing t o
      exceed the City's minimim requirement .

      Elizabeth Thvne, San Luis Obispo, opposed the sale of the property at the proposed pric e
      and expressed concern that there is no guarantee the height of the proposed building s
      won't increase or the Copeland's will not sell to another developer .

      Dorothy Graves expressed concern about public perception if Council agrees to the sal e
      at the proposed price . She questioned whether there will be enough parking spaces fo r
      the condominiums that will be built as part of the project.

      Denise Kangas objected to proceeding with the Chinatown project because she thought it
      would result in the City losing its uniqueness .




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      City Council Meeting                                                         Page 8
      Tuesday, July 1, 200 8

      Dan Carpenter, San Luis Obispo, expressed confidence in the City's negotiation process ,
      and raised a few issues that he thought should be considered as the City proposes t o
      move forward with the project.

      Linda Groover, San Luis Obispo, objected to the sale price .

      Boz Schraae, San Luis Obispo, also objected to the sale as proposed .

      Sean Beachamp, Grover Beach, said he owns a business in the City and spoke in
      support of the project .

      Jim Duenow objected to selling the property for less than the appraised value and offere d
      to buy it for $4 million with no contingencies . In response to Council Member Settle, h e
      said that he had no plans for the property .

      John Dunn, San Luis Obispo, spoke in support of the sale and discussed the need t o
      maintain a vital downtown . He also spoke about the need to revitalize Monterey Street .
      He referenced the merits of the project and pointed out that it will help to accomplish a
      long-term City goal .

      Teresa Smith, San Luis Obispo, wanted assurance that the project would not exceed 5 0
      feet and wanted the project to reflect the character of Chinatown and the cultural heritage .

      Lori Miller, Muzio's Grocery, said she fully supported supported the Chinatown project .

      Careleta Ellerson, San Luis Obispo, also fully supported the project .

      Lindsay Beeson, San Luis Obispo, said she also supported the project .

      Karen Kile, San Luis Obispo, said the vitality of the downtown is critical to the City' s
      future, spoke in support of the Copelands investment in the community and expresse d
      her hope that Council would support the project .

      Randy Adler, San Luis Obispo, talked about the need to revitalize Monterey Street . He
      explained why he did not think the parking lot should be an issue . He also explained wh y
      he did not object to the purchase price .

      Carolyn Dickey, San Luis Obispo, expressed concern about the changes to the downtow n
      and small shops going out of business . She also thought that the proposed sale price
      would allow the City to justifiy acquiring other property for less than market value .

      BrettCross, San Luis Obispo, concurred with Mark Rawsen and John Dunn regarding th e
      merits of the project . He suggested that the sale price should be somewhere betwee n
      the appraised value and what's being offered and that the additional funds could be use d
      to enhance the community .




    DRAFT
	


      City Council Meeting                                                          Page 9
      Tuesday, July 1, 2008

      Terry Mohan, San Luis Obispo, objected to the sale price, questioned the meaning of a
      residential component referenced in the agenda documents, objected to delaying th e
      project if the sale occurs, and objected to the 50-foot height .

      Dane Senser, San Luis Obispo, spoke in support of the research that went into th e
      proposal, of the Copelands' contributions to the community, and of the Council's approva l
      of the project .

      Deborah Cash, Executive Director of the Downtown Association, discussed th e
      Association's long-standing support of this project and the long-term benefits that wil l
      result. She urged Council to approve the recommendation .

      Gary Fowler, San Luis Obispo, said he did not think the project makes fiscal sense for th e
      City, and questioned why the project needs to proceed so rapidly . He also suggested th e
      Council should wait to act on this matter until the residence issue of one of the Council
      Members is clarified by the Attorney General .

      Tom Creel, San Luis Obispo, discussed the history of the downtown when it wa s
      struggling, noted projects that failed and the difference the Copelands have made in th e
      downtown, and spoke of the need to move forward with the project .

      ---end of public comments-- -

      Mr . Kotin and staff responded to questions raised during the public comment period .

      Council Member Brown discussed the financial benefits to the City that will result fro m
      building this project and the synergy it will create in the downtown, thereby furthe r
      increasing sales tax . He said that the project is an investment in the City and in th e
      downtown, the developer has a history of being good partners with the City, and that he
      would support the recommendation .

      Council Member Mulholland noted that a number of mixed use projects are in proces s
      and suggested that revitalization in the downtown is occurring, particularly with th e
      retrofitting projects that are under way . She objected to the sale price and said that th e
      community has the right to demand clear benefits in the form of conditions such a s
      assurance of preservation of buildings on the Master List of Historic Buildings and mor e
      affordable housing . She suggested projects need to pay for their own impacts an d
      costs . She noted that other properties are being redeveloped, remodeled, upgrade d
      and retrofitted without a City subsidy .

      Council Member Carter explained that while he supported the project, he objected to th e
      price . He explained why he did not believe the City was a getting fair value for it s
      property . He also expressed concern regarding the negotiation process and tha t
      additional research wasn't done before the CAO recommendation was made .




    DRAFT
		


       City Council Meeting                                                        Page 1 0
       Tuesday, July 1, 200 8

       Council Member Settle discussed the history of the downtown from the Mission Plaza t o
       the Court Street project and the Downtown Center . He said he understood th e
       concerns raised, but pointed out that the Copelands must meet all conditions an d
       standards for the sale to occur . He pointed out the synergy that will occur in th e
       downtown with this project and discussed the economics of urban land use planning .
       He supported revitalizing the downtown rather than encouraging urban sprawl .

       Mayor Romero also discussed the history of the downtown and the positive change s
       that have resulted from the Copelands' projects . He discussed the deterioration o f
       Chinatown and that area of Monterey Street, and noted the urgent need to continu e
       downtown revitalization. He explained why he thought the $8 .8 million appraisal was
       fallacious and based on impossible assumptions . He suggested that if Council does not
       proceed with the recommendation, there will not be another project forthcoming in th e
       near future . He noted the revenue the City will receive with this project .

       In response to a comment made by Mayor Romero regarding the price increase ,
       Council Member Carter stated for the record that the price of the project has actually
       gone down because the public parking mitigation measure is part of the purchase pric e
       resulting in a decrease in price from $5 .6 to $3 .7 million .

       Finance & IT Director Statler explained why this is a question of how the baselin e
       situation is defined . He pointed out that developers pay for the impact of their projects ,
       not the loss of the prior use . In a typical transaction, the mitigation for the prior us e
       would reduce the price .

       Council Member Mulholland disagreed that it was not known that there would b e
       environmental mitigations .

       In response to comments raised by Council Member Mulholland regarding in-lieu fee s
       for parking, Economic Development Manager Clark explained that the parking provided
       for this project will meet the same standards that are required of any developer in th e
       Downtown.

       Discussion followed regarding parking requirements and staff noted that the projec t
       must be fully designed before it is known what the parking requirements will actually be .

       Mr. Kotin and Finance & IT Director Statler clarified the impacts of mitigations resultin g
       from the prior use of a property on the market value of the price of the property .

       ACTION : It was moved by Settle/Brown to approve a Second Modification to Option to
       Purchase Real Property Agreement (hereinafter Amended or Modified Optio n
       Agreement) with SLO Chinatown, LLC, successor in interest to San Luis Obispo Court
       Street, LLC (hereinafter Copeland or Copelands) related to the Chinatown project an d
       authorize the Mayor to execute the Modified Option Agreement; motion carried by a roll
       call vote 3 :2 (Carter/Mulholland opposed).




     DRAFT                                                                                        ~I-lb
	


      City Council Meeting                                                      Page 1 1
      Tuesday, July 1, 200 8


      3.     REVIEW OF SEWER CONSUMPTION AND REVENUES .

      Utilities Director Moss, Senior Administrative Analyst Bishop and Consultant Sea n
      Koorn, HDR Enqineerinq, made the staff presentation . They and Finance & IT Directo r
      Statler responded to questions .

      Public Comments

      Terry Mohan, San Luis Obispo, suggested that Cal Poly students and landlords should b e
      charged the commercial rate . He objected to the Proposition 218 notification process a s
      well as to the proposed increase since he thought most of it would to go to ne w
      development .

      ---end of public comments---

       Council Members Brown and Carter, and Mayor Romero commented in support of th e
       recommendation, noting that the increase is what the fee should have been at the tim e
      the analysis was originally done .

      Council Member Mulholland expressed unhappiness with the report, but acknowledge d
      that users should pay for the system and that there is a need to increase the fee s
      slightly at this time .

      ACTION : It was moved by Mulholland/Brown to : 1. Review and accept the sewe r
      consumption and revenue analysis . 2. Direct staff to provide notice to all sewer rat e
      customers, of the proposed $0 .50 increase to the sewer volume charge from $5 .56/CC F
      to $6 .06/CCF to be effective September 3, 2008, pending completion of the Propositio n
      218 notification and protest period and final rate adoption at a public hearing to be hel d
      on September 2, 2008 ; motion carried by a roll call vote of 5 :0 .

      4.     SENATE BILL (SS) 1420 (PADILLA) — PROVISION OF NUTRITIONA L
             INFORMATION IN SPECIFIED FOOD FACILITIES .

      City Attorney Lowell made the staff presentation .

      Council Member Mulholland spoke in support of SB 1420 .

      Council Member Settle stated his opposition because SB 1420 will result in anothe r
      unfunded mandate . He said he would, however, support Assembly Bill (AB) 2572, whic h
      would allow restaurant owners to provide nutritional information in another manner .

      Council Member Brown also opposed SB 1420, citing its negative impact on existin g
      businesses .

      Council Member Carter spoke in support of SB 2572 .



    DRAFT                                                                                    CII
	


      City Council Meeting                                                                              Page 1 2
      Tuesday, July 1, 200 8


      Public Comments

      None were forthcoming .

      ---end of   public comments---
      ACTION : It was moved by Settle/Brown to take no action on this matter ; motion carried
      by a roll call vote of 3 :2 (Carter/Mulholland opposed) .

      5.       APPEAL OF TREE COMMITTEE'S DECISION TO UPHOLD THE FIN E
               ASSESSED AGAINST MARK ALONZO & HANA NOVAK FOR ILLEGALL Y
               REMOVING A TREE WITHOUT A PERMIT AT 1740 SAN LUIS DRIVE .

      Public Works Director Walter introduced this item, following which Parks Maintenance
      Supervisor Pellemeier made the staff presentation . Parks Maintenance Superviso r
      Pellemeier and City Arborist Combs responded to questions .

      Public Comment s

      Appellants Hana Novak and Mark Alonzo spoke in support of their appeal and responde d
      to questions .

      ---end of   public comments---
      Council Members spoke in support of staff's recommendation to deny the appeal ,
      expressing concern particularly regarding the appellants' non-responsiveness to th e
      City's notification as well as their disregard of the City's regulations .

      City Attorney Lowell asked Council to modify the resolution to include Section 3, which
      would require the appellants to plant a tree in their front yard following consultation wit h
      the City Arborist, and Section 4, which would require the appellants to immediatel y
      comport with City property development and maintenance standards, and to modify th e
      new brick paver area accordingly so as not to allow vehicular parking in that location .

      ACTION : It was moved by Mulholland/Brown to: adopt Resolution No . 10004 (200 8
      Series) 1) denying the appeal from the Tree Committee's decision to uphold a fine
      assessed against property owners Mark Alonzo and Nava Novak for illegally removing a
      tree without a permit at 1740 San Luis Drive, thereby affirming imposition of th e
      previously levied fine, 2) requiring appellants to plant, following consultation with th e
      City Arborist, a replacement tree in the front yard in place of the second dead tree there ,
      and 3) requiring appellants to immediately comport with City Property Developmen t
      Standards (Section 17 .16 .020 A 1) and Property Maintenance Standards (Sectio n
       17 .17.050) and modify new brick paver area accordingly so as to not allow vehicula r
      parking there ; motion carried by a roll call vote of 5 :0 .
      ----------------------------------------------------------------------------------------------------------------------- -



    DRAFP                                                                                                                  01_12
	


    City Council Meeting                                                                               Page 1 3
    Tuesday, July 1, 2008

                                           COUNCIL LIAISON REPORT S

    Because of the lateness of the hour, Council Liaison Reports were continued to the
    meeting of July 15, 2008 .
    ----------------------------------------------------------------------------------------------------------------------- -
                                                  COMMUNICATION S

    Communications items were continued to the meeting of July 15, 2008 .

    There being no further business to come before the City Council, Mayor Romero
    adjourned the meeting at 12 :20 a.m.



                                         Audrey Hoope r
                                         City Cler k

    APPROVED BY COUNCIL : 08/19/08




                                                                                                                                Cl ' -13

				
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