HomeMy WebLinkAbout09/16/1997City Council Meeting
Tuesday, September 16,1997- 7:00 p.m.
C1. COUNCIL MINUTES
Council considered of the minutes of:
Tuesday, August 19, 1997 at 6:30 p.m.;
Tuesday, August 19, 1997 at 7:00 p.m.;
Tuesday, September 2,1997 @ 7:00 p.m.
Tuesday, September 2,1997 at 10:55 p.m.
Moved by Romero/wlliams to waive oral reading and approve minutes as amended; motion
carried (5 -0).
C2. MILLS ACT HISTORIC PRESERVATION CONTRACTS (File No. 451)
Council considered Mills Act contracts under the Historic Property Tax Incentive Program.
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Moved by Romero/Williams to adopt Resolution Nos. 8711, 8712, 8713, 8714, 8715, 8716, 8717,
8718, 8719, 8720, 8721, 8722 approving Mills Act contracts for properties located at 11767 Marsh
Street, 461 Islay Street, 591 Islay Street, 752 Buchon Street, 1763 Santa Barbara Street, 1717 Santa
Barbara Street, 896 Buchon Street, 745 Buchon Street, 1504 Broad Street, 1151 Morro Street, 1435
Broad Street, 963 Broad Street, and 1105 George Street; motion carried (4 -0 -1, Smith not
participating).
C3. HABITAT GRANT FUNDS APPLICATION (File No. 487)
Council considered authorizing application for grant funds from the Habitat Conservation Fund
Program of the California Wildlife Protection Act of 1990.
Moved by RomeroWilliams to adopt Resolution No. 8723 authorizing staff to complete and submit
application for grant monies in the amount of $100,000 which would be used in support of the
acquisition of the Filipponi property at South Higuera Street; motion carried (5 -0).
C4. GRANT APPLICATION FOR SINSHEIMER SCOREBOARD (File No. 811)
Council considered submitting a grant application to the Robert Janssen Foundation for the
purchase and installation of an electronic scoreboard at Sinsheimer Stadium.
Moved by RomeroWilliams to authorize staff to submit grant application; motion carved (5 -0).
C5. CERT TRAINING PROGRAM (File No. 721)
Council considered the status of the Community Emergency Response Training (CERT) and
anticipated directions of this program during the upcoming year.
Fire Chief Neumann explained the logistics of how the foundation will operate.
Larry Batcheldor gave some details of the CERT program and asked Council to support it.
Moved by Romero/Williams to authorize program sponsorship by private enterprise exchange for
official recognition, and establish a special account with the Cal Poly Foundation as a special
entity to handle all financial aspects of the program, and directed staff to return a status report to
Council in six months; motion carried (5 -0).
C6. PARK NAMING REQUEST (File No. 811)
Council considered a request to rename the Sinsheimer Park softball field to the Jim Stockton
Softball Field.
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Tuesday, September 16,1997- 7:00 p.m.
Moved by RomeroAVilliams to approve request; motion carried (5 -0).
C7. YOUTH ATHLETIC FIELDS GRANT APPLICATION (File No. 825)
Council considered a grant application to the U.S. Soccer Federation for funding assistance with
the development of youth athletic fields.
Moved by Romero/Wlliams to authorize staff to prepare and submit grant application in the
amount of $25,000 to the U.S. Soccer Federation; motion carried (5 -0).
C8. FIRE STATION #1 REPAIRS (File No. 727)
Council considered appropriating $21,000 from the General Fund unappropriated fund balance to
clean and reseal all exterior masonry ($10,000) and install a metal cap or flashing on the horizontal
surfaces of the masonry walls ($10,900) at Fire Station #1.
Moved by Romero/Williams to appropriate $21,000 from General Fund for Fire Station No. 1
repairs; motion carried (5 -0).
COUNCIL LIAISON REPORTS
CLR1. Council Member Romero reported on a meeting of the BIA, where the successful "Taste of
SLO" event and the production of a video on the Thursday Night Farmers' Market were
discussed.
CLR2. Council Member Williams gave a report on the Economic Vitality Corporation Planning
Committee meeting and the Cal Poly Research Park Committee meeting.
CLR3. Council Member Smith reported on the Student Housing Task Force meeting, outlining the
time line for the on campus student housing proposal. She said that a decision on whether
to build on-campus housing would be forthcoming by Spring of 1998, breaking ground in
Summer of 1998. Cuesta College will be doing student surveys to determine campus needs
as well. She explained how Bloomington, IN handles their student housing needs and rental
control.
PUBLIC HEARINGS
1. MOBILEHOME RENT STABILIZATION (File No. 428)
Council held a public hearing to consider an amendment to the San Luis Obispo Mobilehome Rent
Stabilization ordinance by eliminating the 10% rent increase on change of ownership, and other
minor technical revisions.
Council Member Romero stated that he owns a mobile home and has a conflict of interest, so will
not be participating. He stepped down from the dias.
City Attorney Jorgensen presented the staff report, giving an overview of the proposed ordinance.
He noted that an attorney for five mobile home park owners has been authorized to file a lawsuit
challenging the discussion to implement full vacancy control; and, a communication was received
by the City Clerk indicating the intention to apply for rent increases under the general rent
increase provisions of this ordinance by parks Silver City, Oceanaire, Willow Lake, and Creekside.
Mayor Settle opened the public hearing.
Desiree Lefto, mobile home park resident, spoke representing 78 Creekside residents who had
signed a petition. She stated that the proponents of the changes to the ordinance do not
represent the majority of the residents, and she asked that the Council to restore the ordinance to
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Tuesday, September 16,1997- 7:00 p.m.
what was originally passed by the voters.and not to pass the amendment.
' Paul Dvlewski, mobile home park owner, spoke in opposition to the proposed amendment to the
ordinance. He asked that the City do further research on the assertions being made by the
proponents of the amendment.
Estelle Walt, Creekside Mobile Home Park, thanked the authors of the original ordinance. She
spoke in opposition to the proposed amendments, and asked Council not to make changes or to
research the issue further before they changed the ordinance.
Tenn Sue Coulton, resident of Creekside Mobile Home Park, spoke in opposition to the proposed
amendment. She also asked Council to restore the ordinance to its original form.
Arnold Burghardt, 1024 Stephanie Drive, spoke in support of the proposed amendment and asked
that the 10% increase upon sale be discontinued and the annual increase be adjusted to
compensate. He suggested that a rent review board be established.
Betty Henson, Laguna Lake Park resident, asked Council to eliminate the 10% increase, stating
that it is unfair.
Patricia McNally, 3960 S. Higuera, stated that she is content with her rent and asked Council to
vote against the proposed amendment.
Lois Rinehart, Laguna Lake Park, spoke in support of the proposed amendment.
Leola Rubottom, Creekside Mobile Home Park, spoke in support of the proposed amendment.
' Bill Henson, Laguna Lake Park, stated that current rents are too high and are not justified. He
asked Council to eliminate the 10% increase on the sale of a mobile home.
Greqq Evans, Mission Trailer Park, spoke in support of the amendment to eliminate the 10%
increase to rent on the sale of a mobile home. He asked the City to investigate the eviction of
tenants at Mission Park.
David Evans, Western Mobile Home Park Owners Association, spoke in opposition to the
proposed amendment to the ordinance primarily because it would be going against the will of the
voters. He encouraged Council to research how the majority of residents feel.
Tom Bohlen, 546 Higuera, asked Council to investigate the operation of local parks.
Desiree Lefto, stated that she has not been intimidated by Park owners and urged Council to get
more information.
Ray Niemish, asked that the wording to Section 544.090 be left as is, not changed to "Hearing
Officer."
Bill Wilson, 264 Higuera, Park Owner, noted that 25% of the spaces in his park have never had an
increase in rent, except the yearly CPI. He said that 29% have had increases because the owners
have rented out their coaches.
Estelle Wall stated that she has not been intimidated and asked Council to study the issue further
before making any changes.
Lisa Luteweiler, Creekside Park, stated that she was not intimidated by any letter sent by the park
owners. She said changes to the ordinance should be voted upon by the citizens.
Paul Dylewski, Park Owner, stated that he wrote a letter in order to inform the park residents.
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Tuesday, September 16,1997- 7:00 p.m.
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Lois Reinhart, stated that the reason Measure D passed in 1988 was because it appeared first on
the ballot, before the alternative Measure E. 1
Betty Hansen, stated that Laguna Lake park residents were informed about the proposed changes
to the ordinance.
Ray Cerinne, Mission Trailer Park, spoke in favor of eliminating the automatic 10% increase, but to
tie the increase to the amount of previous increases before the sale.
Robin Constance, Silver City Mobile Home Park, stated that residents of their park are very
content with the current ordinance. He said that 92 coaches have been sold since 1988 and there
have been no complaints.
Mayor Settle closed the public hearing.
After discussion, moved by Smith/Williams to leave ordinance as is; motion carried (4 -0-1, Romero
not participating).
2. APPEAL - FRONTAGE IMPROVEMENTS - PENNY LANE (File No. 407)
Council held a public hearing to consider an appeal by Stephan Lamb and Mary Ellen Gibson to
allow the postponement of frontage improvements on the Penny Lane frontage at 1251 Buchon
Street.
Wayne Peterson, City Engineer, presented the staff report, reviewing the current ordinance
requirements and Council direction to pursue installation of sidewalks under the ordinance.
Mayor Settle opened the public hearing. 1
Lou Kluver, architect representing appellant, outlined reasons why Council should grant a
postponement of the improvements, stating that installation of curbs and gutters may cause
drainage problems.
Stephen Lamb, 1251 Buchon, property owner, asked Council to postpone the improvements until
Penny Lane has a master plan to address the whole of the drainage issues.
Ursula Bishop, 1265 Buchon, stated that she is concerned about potential flooding if the curb and
gutter are installed. She said that Penny Lane should not be changed.
Mary Ellen Gibson, 1215 Buchon, stated that she does not want Penny Lane changed by adding a
sidewalk at this time.
Mayor Settle closed the public hearing.
After discussion, moved by Smith /Roalman to adopt Resolution No. 8725 upholding the appeal
and approving the execution of recorded covenant to postpone the curb, gutter, sidewalk and
driveway ramp; motion carried (5 -0).
COMMUNICATIONS
Comm1. Mayor Settle reported that he and Council Member Romero had attended the opening of the
Children's Museum.
Comm2. Mayor Settle asked staff to be sure to inform citizens where they can get sand bags and
how to fill them. ACAO Hampian stated that the City is preparing for the possibility of higher than
average rains and will make sand bags available at various locations throughout the city. He noted
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Tuesday, September 16,1997- 7:00 p.m.
that a public information effort is being planned to help citizens prepare for the winter rainy season.
Comm3. Mayor Settle asked Council Members to attend a closed session at 9:00 a.m. on September
25,1997, and Council agreed to meet at that time.
Comm4. Council Member Romero noted that he has concerns about delays in changing the street
sweeping schedule. ACAO Hamaian noted that staff has reviewed several options with the BIA and
could prepare a report for the second meeting in October. Council agreed to review the issue at that
time.
Comm5. ACAO Hampian noted that a letter was received from the BIA with a fist of issues for the
Council to address, and Council referred the letter to staff for recommendations.
Comm6. Council Member Romero said that he still has concerns about the appearance of the
recycling center, but that there has been some progress in RALCO's maintenance of the property.
BUSINESS ITEMS
3. YOUTH.SPORTS FIELDS (File No. 825)
Council considered possible sites for additional youth athletic facilities.
Parks & Recreation Director LeSaae presented the staff report, detailing the process used in the
consideration of different sites. He reviewed the pros and cons of each of four sites: Laguna Lakes;
Martinelli Property; Pereira Property; and Damon - Garcia Property. He noted that the two
recommended properties for further study for possible negotiations are the Pereira and Damon-
' Garcia Properties.
At Council's request, Dan SchuHz. Eagle Energy, clarified where they would want to locate their
business if they were to form a partnership with the City to purchase the Pereira property.
Mayor Settle opened the floor for public comment.
Bill Thoma, reminded that Council that the sports fields were a high priority in the budget setting
process. He asked Council to consider all four sites to determine which is the best and to listen to
the user groups. He said consideration should be given to purchasing more than one site if the
opportunity presents itself.
Mary Beth Schroeder, 2085 Wilding Lane, stated that the Council should be conservative in
spending money to purchase land for this purpose. She said that Camp San Luis should be
considered along with the Damon - Garcia property.
Susan Ostrov, John Wallace and Associates, spoke representing the Martinelli property owners.
She noted that the location is superior to others and stated that there is no evidence that there is
contamination on the property. She noted that the zoning on the Martinelli property would
accommodate recreational uses. She pointed out concerns with the staff report and asked
Council to consider the Martinelli property along with the other two sites.
Joe Cardoza asked that the Martinelli property be considered for negotiations along with the other
two properties.
' Mayor Settle returned discussion to the Council.
At the request of Council, Finance Director Statler addressed financial and funding issues for
development and maintenance. He recommended that further negotiation and study is necessary
to address those issues comprehensively.
City Council Meeting
Tuesday, September 16,1997- 7:00 p.m.
Page 7
After discussion, moved by Williams /Smith to 1) authorize staff to begin negotiations on the
Damen- Garcia, Pereira and Martinelli properties for the purpose of determining a site on which to
construct a multi-use athletic field complex; and, 2) direct staff to return to Council with a
recommendation to obtain the site that best meets the City's need for the athletic complex,
consistent with the City's General Plan; motion carried (5 -0).
There being no further business to come before the City Council, Mayor Settle adjourned the meeting
at 10:50 p.m. to Tuesday, September 25, 1997 at 9:00 a.m. in the Council Chamber, 990 Palm Street,
San Luis Obispo.
APPROVED BY COUNCIL: 10/7197 L
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CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
THURSDAY, SEPTEMBER 25,1997- 9:00 A.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Dodie Williams, Vice Mayor Bill
Roalman, and Mayor Allen Settle
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken
Hampian, Assistant City Administrative Officer; Neil Havlik, Natural
Resources Manager
Council held a closed session to discuss the following issues:
CONFERENCE WITH PROPERTY NEGOTIATION
Pursuant to Government Code sec. 54956.8
1) Property: Bunnell Property
(Bishop Peak)
Negotiating Parties: City of San Luis Obispo
Ken Hampian, Neil Havlik
Property Owner Representative:
Ray Bunnell
2) Property: Foster Property
(end of Sterling Way)
Negotiating Parties: City of San Luis Obispo
Ken Hampian, Neil Havlik
Property Owner Representative:
1