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172. Regular Meeting June 23, 2003 Page 9 the parking lot on a daily basis. Mr. Thomaides stated he feels this Resolution should be reviewed on a yearly basis to ensure the parking lot is being used in the best manner. He also stated a cleanup and maintenance provision should be added. Mr. O'Leary stated if the bars did not clean and maintain the parking lot the leases could be changed from a 12 hour lease to 24 hour lease. Mr. Thomaides inquired whether the person leasing the space would be responsible for having a vehicle towed if someone had parked in their space. Mr. O'Leary suggested using one towing company. Mr. Diaz stated he would like to see specified signs. Mr. Mihalkanin asked Staff to investigate the possibility of using one tow company for the parking lot. Mr. Mark Taylor stated the City could enter into an agreement with a tow company for the parking lot. The Council then voted unanimously for adoption of the Resolution. Mayor Habingreither introduced for consideration approval to set time and place of public hearing for FY 2004 Proposed Budget and direct City Clerk to publish public hearing notices and general summary of the FY 2004 Proposed Budget. Mr. Mihalkanin moved to set the public hearing on August 11, 2003 at 7:00 p.m. in the City Council Chambers, and Mr. Taylor seconded the motion, which passed unanimously. Mayor Habingreither introduced an Executive Session pursuant to he Government Code, Section 551.071, to seek the City Attorney's advice regarding litigation, contemplated litigation, a settlement offer, or a matter involving attorney-client privilege (Carson v. City of San Marcos/Proposed Mixed-Use Development near Downtown Area). Ms. Narvaiz moved the Council adjourn into Executive Session at 10:21 p.m. and Mr. Taylor seconded the motion, which passed unanimously. Mr. Mihalkanin moved the Council reconvene at 10:33 p.m. and Ms. Narvaiz seconded the motion, which passed unanimously. Mayor Habingreither introduced a discussion regarding the proposed Mixed- use Development Project near Downtown area. Mr. Taylor moved to table this discussion until the Workshop on July 28, 2003 and Ms. Narvaiz seconded the motion, which passed unanimously. Mayor Habingreither introduced a discussion regarding the replacement of Water Main and Street Construction on Charles Austin Street. Mr. O'Leary stated during the development of the construction plans, it was determined the current 10 inch water line was approximately 60 years old and needs to be replaced. He asked the Council to award the construction of the water line on emergency and have the Public Works contractor complete street construction. He also stated if this replacement were to go through the normal process, it would take up to 4 months. The Council agreed by consensus to agendlze the water line replacement on emergency. Mayor Habingreither introduced the City Council's Report. 1) Mr. Thomaides thanked Staff for updating the City website with the Council's votes and agenda items. 2) Mr. Thomaides stated he and Ms. Narvaiz went