HomeMy WebLinkAbout07/20/1993MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 20, 1993 - 7:00 PM
COUNCIL CHAMBER - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Council Members
Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, Vice-
Mayor Bill Roalman, and Mayor Peg Pinard
Absent: None
City Staff
Present John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney;
Diane Gladwell, City Clerk; Ken Hampian, Assistant City Administrative
Officer, Mike McCluskey, Public Works Director; Bill Statler, Finance
Director, Bob Neumann, Fire Chief; Jim Gardiner, Police Chief; Deb
Hossli, Administrative Analyst; John Mandeville, Advanced Planning
Manager; Jeff Hook, Associate Planner
PUBLIC COMMENT PERIOD
P.C.1. Wanda Straussbura, 1029 Jane Drive, spoke regarding AB26 grant funding.
P.C.2. Charlie Fruit, Chair of the Economic Strategy Task Force (ESTF), updated Council on ESTF
public input process, stating that their would be a press conference August 6 with town hall meetings
to be held August 23 and August 24 at 7:00 P.M.
P.C.3. Gary Fowler. 777 Mill Street, spoke regarding the lack of landscaping and maintenance at the
Highway 1 entrance to the City.
CONSENT AGENDA
Moved by Settle/Romero to approve the Consent Agenda as recommended by the City Administrative
Officer with the exceptions of C-3, C-4, and C -5 as noted; motion carried (5-0).
C -1 COUNCIL MINUTES
Council considered approval of the minutes of Tuesday, June 15, 1993 at 7:00 P.M.
Moved by Settle /Romero to waive oral reading and approve the minutes of June 15, 1993 at 7:00 P.M.;
motion carried (5-0).
C -2 PG &E EASEMENT
1 Council considered an easement with PG &E to allow for maintenance and operation of the electric
facilities serving the Stenner Canyon Water Treatment Plant.
City Council Meeting Page 2
Tuesday, July 20, 1993 - 7:00 P.M.
Moved by Settle /Romero to authorize the Mayor to execute the easement document with Pacific Gas
and Electric Company; motion carried (5-0).
C-3 ADVISORY BODY NOMINATION PROCESS
Council considered the Advisory Body nomination process.
Moved by Settle /Romero to adopt the process as amended to read '...staff representative be invited
to participate°; motion carried (5-0).
C-4 COUNCIL E -MAIL
Council considered remote access to the Citys computer systems and pilot program for electronic
mail use by Council Members.
Council discussed communication with each other, the organization and reaffirmed their compliance
with the Brown Act
Moved by Settle /Romero to 1) adopt policy regarding remote access to the City's computer systems;
2) approve six month pilot program for Council Member use of electronic mail; 3) appropriate $4,500
from General Fund balances to implement remote access for Council Members; and 4) change page
C-4-3, 2nd bullet to read 'Council will abide by the Brown Act and all Council policies and
procedures.°; motion carried (5-0).
C-5 CABLE FRANCHISE STATUS REPORT 1
Council considered a status report on the cable franchise negotiations with Sonic Cable Television.
Council discussed providing relief for people with limited incomes.
Moved by Settle /Romero to 1) receive and file status report amending page C-5-4, discount rate to
include low income participants; and 2) approve and authorize the Mayor to execute a 60 -day
extension to the franchise agreement with Sonic Cable Television; motion carried (5-0).
C-6 WAIVER OF WATER /SEWER CONNECTION FEES
Council considered a request by the Housing Authority for relief from water and sewer hook up fees
for 24 low- income housing units to be constructed at 1090 Orcutt Road.
Moved. by Settle /Romero to adopt Resolution No. 8191 waiving water and sewer hookup fees in the
amount of $53,000; motion carried (5-0).
C-7 ADMINISTRATIVE STREAMLINING
Council considered streamlining administrative procedures and change order improvements.
Moved by Settle /Romero to continue this item to Tuesday, August 3, 1993; motion carried (5-0).
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City Council Meeting Page 3
Tuesday, July 20, 1993 - 7:00 P.M.
1 COUNCIL LIAISON REPORTS
C.LRA. Vice Mayor Roalman reported that COG /JPA Task Force negotiations were proceeding for
solid waste recycling issues.
C.LR.2. Council Member Romero reported that the Airport Area annexation meetings would be held
every two weeks.
PUBLIC HEARINGS
1. HOUSING REVENUE BONDS
Council held a public hearing to consider a request to authorize the Housing Authority to issue $7.9
million in tax exempt mortgage revenue bonds to allow refinancing of a 168 -unit apartment project
known as Parkwood Village, located at 1017 - 1045 Southwood Drive.
Jeff Hook, Associate Planner, reviewed the proposal to reissue bonds.
Jeff Jorgensen, City Attorney, read a proposed change to the resolution referencing the affordability
provisions agreed to as part of the bond issuance, and stated that the benefits would be a lower
interest rate and make the project more economically viable.
Mayor Pinard declared the public hearing open.
George Movlan, 2648 Johnson Avenue, expressed concerns that the altered wording would not be
acceptable to the bond underwriters.
Jeff Jorgensen. City Attorney, stated it was not a condition, just a recital of Council's intent for
affordable housing and suggested an additional clause providing for consistency with the regulatory
agreement.
Mayor Pinard declared the public hearing closed.
Moved by Settle /Raooa to adopt the revised version of Resolution No. 8192 authorizing the Housing
Authority to issue the bonds in the aggregate principal amount of $7.9 million, adding the clause "or
as otherwise consistent with the regulatory agreement"; motion carried (5-0).
2. TENTATIVE MAP - 3963 POINSETTIA
Council held a public hearing to consider a tentative map for a minor subdivision (MS 62 -93) creating
three lots from one lot at 3963 Poinsettia Street; French Bros. Development Co., subdivider (continued
from 7/6/93).
Council reviewed the memorandum from July 13, 1993 stating that Council action was no longer
required for the project and did not consider the item.
3. HOUSING ELEMENT UPDATE
Council held a public hearing to consider a status report on the Housing Element update, including
State Department of Housing and Community Development (HCD) comments, and a comparison of
goals, policies and programs in the April 1992 and June 1993 Housing Element drafts.
City Council Meeting
Tuesday, July 20, 1993 - 7:00 P.M.
Page 4
Moved by Roalman /Settle to continue this item to Tuesday, August 3, 1993; motion carved (4-1,
Council Member Romero voting no).
4. HRC GRANTS -IN -AID
Council held a public hearing to consider the 1993 -94 Human Relations Commission Grants- In-Aid
funding recommendations:
Deb Hossli, Administrative Analyst, reviewed the proposal for Grants -In -Aid.
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Randy Baudendistel. Chair of the Human Relations Commission (HRC), thanked the social service agencies f�
their community support.
1992 -93
1993 -94
1993 -94
AGENCY
Award
Reguest
Recom'd
1. Ad Care Association
$ 2,000
$ 2,000
$2,000
2. Aids Support Network
-0-
3,000
1,000
3. ALPHA
1,000
2,000
1,000
4. American Red Cross
4,200
8,000
4,200
S. Caring Callers
450
750
450
6. Camp Fire Council
1,000
1,500
1,000
7. Casa Solana
5,000
10,000
5,000
8. Child Development Center
7,500
10,000
7,500
9. Easter Seals
1,500
3,500
1,500
10. EOC Family Planning
3,000
3,000
3,000
11. EOC Senior Health Screening
2,700
3,000
2,700
12. EOC Child Care Connection
1,000
3,276
1,000
13. Family Services Center
4,000
6,000
4,000
14. Food Bank Coalition
1,000
2,500
1,000
15. 4-H Youth Program
1,000
4,325
1,000
16. Grass Roots II
3,000
9,730
3,000
17. Hospice
4,200
81000
4,200
18. Hotline
3,100
5,000
3,100
19. HP Community Recovery Center
-0-
5,000
1,500
20. Life Steps
1,600
4,000
1,000
21. Literacy Council
1,500
5,000
1,500
22. Long Tenn Care Ombudsman
1,200
1,500
1,200
23. Middle House
-0-
10,000
3,100
24. Mental Health Association
5,000
-0-
-0-
25. National Council on Alcoholism
1,500
2,000
1,000
26. Rape Crisis
5,500
5,500
5,500
27. RSVP
600
700
600
28. Salvation Army
12,000
25,000
12,000
29. Senior Peer Counseling
1,650
4,000
1,650
30. Voices for Children
-0-
750
500
31. Women's Shelter
8,000
12,000
8,000
32. Poly Pals
500
750
500
33. Reserve
-0-
-0-
-0-
TOTA
$84,700
$161.70
$84,700
Deb Hossli, Administrative Analyst, reviewed the proposal for Grants -In -Aid.
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Randy Baudendistel. Chair of the Human Relations Commission (HRC), thanked the social service agencies f�
their community support.
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City Council Meeting .;
Tuesday, July 20, 1993 - 7:00 P.M.
Mayor Pinard declared the public hearing open.
No one spoke for or against the item.
Mayor Pinard declared the public hearing closed.
Page 5
Council thanked the community and organizations for their contributions and stated that San Luis Obispo still
made these services a priority.
Moved by Settle/Romero to adopt Resolution No. 8193 authorizing staff to develop and execute agreements with
each Grants- In-Aid recipient; motion carried (5-0).
S. PCC GRANTS -IN -All)
Council held a public hearing to consider the Promotion Coordinating Committee's recommendations for 1993 -94
Grants -In -Aid:
1992 -93
1993 -94
1993 -94
AGENCY
Award
Reauested
Recom'd
1. SLO Art Association
6,000
7,000
4,600
2. Artemis, A Theatre Co.
3,500
3,000
3,000
3. ARTematives
4,000
4,000
3,075
4. San Luis County Arts Council
2,000
1,700
1,700
5. San Luis Obispo Babe Ruth Baseball
-0-
2,000
2,000
6. San Luis Obispo County Band
2,560
3,200
3,000
7. Business Improvement Association
40-
3,000
2,000
8. Cal Poly Foundation for Cal Poly Arts
3,000
3,500
3,100
9. Children's Creative Project
6,400
10,000
6,300
10. Coastal Access Musicians' Alliance
1,000
2,000
1,000
11. Civic Ballet of San Luis Obispo
-0-
8,000
1,000
12. San Luis Obispo Community Concerts Assn.
2,500
3,250
2,125
13. Cuesta College Art Gallery
3,280
5,200
2,100
14. Cuesta College Public Events
2,000
3,800
2,500
15. Foundation for the Performing Arts
-0-
2,000
2,000
16. Handel Oratorio Choir
40-
1,500
900
17. La Fiesta de San Luis Obispo
4,000
5,000
5,000
18. San Luis Obispo Little Theatre
6,000
13,500
5,500
19. San Luis Obispo Literacy Council
-0-
4,000
1,000
20. Music and the Arts for Youth
3,040
4,250
3,565
21. Mission Plaza Cultural Coalition
40-
3,000
3,000
22. San Luis Obispo Mozart Festival
5,600
7,000
5,000
23. Mystic Krewe of Kamival
3,200
4,000
3,000
24. Pacific Repertory Opera
2,400
3,800
2,000
25. San Luis Obispo County Symphony
5,600
7,000
3,000
26. San Luis Vocal Arts Ensemble
3,200
4,000
2,300
27. San Luis Obispo County Youth Symphony
2,800
3,500
2,035
28. Central Coast Repertory Theatre
3,675
-0-
-0-
TOTAL
$75,755
$122,200
$75,800
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Tuesday, July 20, 1993 - 7:00 P.M.
Deb Hossli. Administrative Analyst, reviewed the proposal, which included six new applicants.
Jack Gatz Chair of the Promotional Coordinating Committee (PCC), thanked the PCC subcommittee for their
recommendations and stated that the proposals would provide benefit to the City and its youth.
Mayor Pinard declared the public hearing open.
No one spoke for or against this item.
Mayor Pinard declared the public hearing closed.
Council discussed the parking banner proposal and policies relating to banners.
John Dunn. City Administrative Officer, stated that the review of banner policy was underway.
Council discussed utilization of the Performing Arts Center in the future and preparations to ensure its
success.
Moved by Romero/Racca to adopt Resolution No. 8194 authoring staff to develop and execute agreement
with each grant recipient; motion carried (5-0).
S. PROHIBITION OF AGGRESSIVE SOLICITING
Council held a public hearing to consider the prohibition of aggressive soliciting.
Jim Gardiner, Police Chief, stated that the proposed ordinance only addressed instances where fear an
intimidation was utilized; it was modeled after a Santa Barbara ordinance.
Jeff Jorgensen, City Attorney, stated that soliciting was a constitutionally protected activity, necessitating the
narrowly focused ordinance.
Mayor Pinard declared the public hearing open.
Gary Fowler, 777 Mill Street, supported the proposal and asked for further enforcement of illegal possession
of shopping carts and plastic milk cartons.
Brad Goans, P.O. Box 13035, stated his concern for the homeless.
Shiela Baker, P.O. Box 12249, asked for compassion for the homeless.
Mayor Pinard declared the public hearing closed.
After discussion, moved by RIRRI /Romero to introduce to print Ordinance No. 1243 adding Chapter 9.06 to
the Municipal Code prohibiting aggressive soliciting; motion carried (5-0).
Mayor Pinard asked that the City Attorney begin a dialogue to address children being stopped and solicited
(consensus).
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Tuesday, July 20, 1993 - 7:00 P.M.
1 BUSINESS ITEMS
7. ORCUTT ROAD WIDENING
Council considered determining setback line and access control on Orcutt Road from Broad Street to laurel
Lane (continued from 6/15/93).
Moved by Settle /Roalman to continue this item to Wednesday, July 21, 1993; motion withdrawn.
Moved by SettlgfRoalman to continue this Item to Tuesday, August 3, 1993; motion carried (4-1, Council
Member Romero voting no).
S. CONVERSION IN UTILITY BILLING
Council considered converting responsibility for payment of utility bills to property owners.
Bill Statler, Finance Director, reviewed the revised recommendation to implement service start fee of $25.00
charged to tenants rather than the initial recommendation of converting the responsibility for payment of utility
bills to property owners. He reviewed two alternatives to provide funds for the retention of the Accounting
Assistant position.
Council expressed concern regarding staff initiated proposals that generated strong community opposition
and the impact of state budget cuts on City fees.
' Anthony M. Flatos, 2187 Augusta Court, spoke in opposition to the start-up fee, stating that it would be
difficult for owners to ready a unit for rental without paying the on and off start-up fees, but preferred the
$12.00 fee to the $25.00 fee.
Ray Ball 770 Palm Street, stated that the $25.00 fee was more equitable than the conversion proposal.
Carol Florence, P.O. Box 12924, spoke representing the San Luis Obispo Property Owners Association and
stated that they were happy to sponsor more public meetings on the issue and thanked staff for the meeting
held on Friday.
Gary Fowler. 777 Mill Street, stated he did not support the $25.00 fee.
George Movlan. 2648 Johnson Avenue, stated his concerns about expenditures when the tenants moved out.
Lance Parker, 847 Columbine, spoke in opposition to the fee.
Steve Nelson, 1580 Lime, spoke in favor of a user fee and stated his concern about impacts to janitorial
services scheduled for clean -up during the summer and demands on their services when large numbers of
vacancies occur.
Council discussed concerns relating to service turn -on and offs, impacts of the on and off fees as it related
to the overall water rate, water subsidizing, equity, public opposition, water conservation, monthly billing
rather than bi- monthly billing, more efficient systems for reading utility meters with the gas company and
PG&E, and downsizing the City organization.
Moved by Roalman /Romero to direct staff to bring back the proposed $25 fee with clarification of short term
tune -off service; motion carried (4-1, Council Member Settle voting no).
City Council Meeting
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Tuesday, July 20, 1993 - 7:00 P.M.
Staff directed to explore combining utility meter reading with other services working with the other utilitie�
(consensus).
8:42 P.M. Mayor Pinard declared a recess.
9:07 P.M. Council reconvened; all Council Members present.
9. MEDICAL MARIJUANA
Council considered supporting the use of marijuana for medical purposes and advising County, State and
federal elected officials of this support.
Ann Slate. Personnel Director, reviewed the proposed resolution.
Christine Peratta, 1334 Diablo Drive, reviewed various legislative proposals at different levels of government
and spoke in favor of the proposal. In response to questioning the safety and effectiveness of the delivery
mechanism (inhaling smoke), she stated that smoking provided relief in a short time frame and that it was
difficult to take pills If the person was nauseated.
Dia McAfee, 46 Prado Road, spoke in support of the proposal.
Alan McAfee. 46 Prado Road, spoke in favor of the proposal, stating his sister - in-law had multiple sclerosis.
Joe, San Luis Obispo, spoke in favor of the proposal. 1
Dr. Eric Dover, 836 Clearview Lane, spoke in favor of the proposal.
Dr. John Jorgensen. 628 California Blvd. #E, requested the City postpone their decision until after the County
discussed the issue, stating It was a national rather than a local issue. When questioned, he stated that there
were many more effective drugs than marijuana.
Carol Joe Pagek, San Luis Obispo, spoke in favor of the proposal.
Dr. Steve Johnson. San Luis Obispo, spoke in opposition of the proposal, stating that marijuana was not an
effective or efficient drug.
After discussion, moved by Romero /Settle to adopt Resolution No. 8195 supporting marijuana for medical
purposes; motion carried (5-0).
10. HRC BYLAWS
Council considered an amendment to the Human Relations Commission enabling ordinance and bylaws.
Deb Hossli, Administrative Analyst, stated that the State of California had made sexual orientation a protected
class.
Moved by Rappa /Settle to 1) introduce to print Ordinance No. 1244 amending the HRC's enabling ordinance
by adding sexual orientation status to the listing that the commission advised the City Council on; and 2)
adopt Resolution No. 819 6 amending the Commission's bylaws to reflect the same change; motion card
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Tuesday, July 20, 1993 - 7:00 P.M.
11. PERFORMING ARTS CENTER AGREEMENT
Council considered an Operating Agreement for the Performing Arts Center.
John Dunn, City Administrative Officer, reviewed the agreement, highlighting that the City would be liable for
half of the operating losses should they occur.
Council discussed various provisions of the agreement and complimented City Attorney Jeff Jorgensen and
City Administrative Officer John Dunn.
Moved by Raooa /Settle to approve Agreement No. A- 51 -93-CC and authorize the Mayor to execute the
Operating Agreement; motion carved (5-0).
COMMUNICATIONS
COMMA. RECONSIDERATION OF PROCESS FOR PRELIMINARY REVIEW
Council considered a request by Mayor Pinard that the City Council reconsider process for preliminary review
for property owner requests to modify Draft Land Use Element discussed on 6/17/93.
Council discussed various implications and clarified that the Council was scheduled to hear proposals and
then determine if they contained merit to warrant further staff evaluations; delays would depend upon the
degree that Council entertained changes in the scope of the original document.
No consensus to reconsider the item was reached.
COMM.2. Council Member Rauna requested that the Mayor appoint a legislative review subcommittee; staff
directed to return with legislative review subcommittee recommendations (general consent).
COMM.3. Marrguam Piros, Cal Poly Student Body President, provided Council with information regarding the
proposed Cal Poly Open House. Council congratulated their proposal and gave individual comments,
encouraging wide community participation in developing the Open House. City Clerk Diane Gladwell will
provide a list of potential community participants.
11:55 P.M. Mayor Pinard declared a recess to closed session regarding employee negotiations.
12:45 A.M. Council reconvened to open session to report they had given their staff negotiators appropriate
direction.
12:47 A.M. there being no further business to come before the City Council, Mayor Pinard adjourned the
meeting Wednesday, July 21, 1993 at 7:00 P.M. in the Council Hearing Room.
APPROVED BY COUNCIL: 9/7/93
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