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HomeMy WebLinkAbout07/01/1997, C-1 - MINUTES MINUTES mdTING AGENDA REGULAR MEETING OF THE CITY COUNCTE ��_ ' # CITY OF SAN LUIS OBISPOrrEM TUESDAY,JUNE 3, 1997-7:00 P.M. COUNCIL CHAMBER,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: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer, Arnold Jonas, Community Development Director, Bill Statler, Finance Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director, Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation Director; Rob Bryn, Neighborhood Services Manager,Wendy George,Assistant to the CAO. PRESENTATIONS PRES1. Mayor Settle gave recognition to the members of the San Luis Obispo Seismic Task Force members. PRES2. Mayor Settle presented a proclamation to Wendy George in honor of National NMA Week,June 2 t1d hreugh 6"'. PUBLIC COMMENT PERIOD PCI. Leola Rubottom, requested that the Mobile Home Rent Stabilization Ordinance be changed in five speck ways, and asked Council to agendize the matter as soon as possible. PC2. Betty Henson agreed with the previous speaker and asked Council to consider the changes. PC3. Barry Kaufman. 3960 S. Higuera St., asked Council to agendize and consider changing the Mobile Home Park Rent Stabilization Ordinance. City Attorney Jorgensen stated that he has prepared a lengthy analysis to previous similar requests,and stated that perhaps the memo should be made public. Vice Mayor Roalman and Council Member Smith stated that they would like to agendize the matter for discussion, but not a public hearing to change the ordinance PC4. Tammy Allen.SLO, spoke in favor of expansion of the skate park at Santa Rosa Park. PC5. Mary Kay Eltzroth.SLO,also expressed her favor of expansion of the skate park at Santa Rosa Park. PC6. Cheryl Priolo, SLO, spoke in favor of expansion of the Santa Rosa skate Park and asked for Council's support. PC7. Russ Pope, SLO business owner, thanked Council for approved funding for expanding the skate park and asked to have the program expanded further. PC8. Deborah Holley, BIA Administrator, asked Council to consider adopting an ordinance regarding sidewalk sitting in the downtown core before the tourist season. She spoke in support of the expanded hours of the skate park_ She addressed the matter of downtown entry signs, speaking in favor of their installation. There was Council consensus to place the sidewalk ordinance on a future agenda. City Council Meeting Page 2 Tuesday,June 3, 1997-7:00 p.m. PC9. Waiter Schroeder. SLO, spoke in favor the $250 budget item for the improvement of the Conejo storm drains. PC10. David Moore.SLO,spoke in favor of the Conejo stone drain budget item. Mayor Settle adjourned the meeting to the Annual Meeting of the Capital Improvement Board at 7:40 p.m. CAPITAL IMPROVEMENT BOARD ANNUAL MEETING CIB7. CAPITAL IMPROVEMENT BOARD Council considered the minutes of the Annual Meeting of the Capital Improvement Board and election of officers. Moved by Williams/Smith to approve minutes of the meeting held on June 4, 1996; and elect Mayor Settle as President and the Vice Mayor Roalman as Vice President; motion carried (5-0). President Settle adjourned the annual meeting to the Regular City Council Meeting at 7:45 p.m. CONSENT AGENDA Moved by Roalman/Smith to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (5-0). C1. SIGN REGULATIONS (File No.424) Council considered giving final passage to an ordinance amending the City's Sign Regulations (Chapter 15.40 of the Municipal Code). Moved by Roalman/Smith to give final passage to Ordinance No. 1324; motion carried (5-0). C2. CITY COUNCIL MEETING SCHEDULE Council considered cancellation of the August 5, 1997 Regular City Council meeting. Moved by Roalman/Smith to cancel the August 5, 1997 Council meeting; motion carried (5-0). COUNCIL LIAISON REPORTS There were no liaison reports. PUBLIC HEARINGS 1. CONDUIT FINANCING (File No. 258) Council held a public hearing to consider a request from Vista Hospital Systems for conduit financing to assist them in their purchase of French Hospital. Mayor Settle opened the public hearing. Scott Gross,Vista Hospital Systems,asked for support of the conduit financing. Bill Storm,SLO, spoke representing the AARP,stating that he supports conduit financing. Scott Gross clarified that contract has been signed with the County to care for low income individuals. Having no further requests to speak, Mayor Settle closed the public hearing. Moved by Williams/Romero to adopt Resolution No. 8640 authorizing the execution and delivery of documents and actions relating to an installment purchase and financing sale for Vista Hospital Systems in an amount not to exceed$60 million; motion carried (5-0). e-1-4 City Council Meeting R E� S�� Page 2 Tuesday,June 3, 1997-7:00 p.m. PC9. Walter Schroeder, SLO, spoke in favor the $250,000 budget item for the improvement of the Conejo storm drains. PC10. David Moore.SLO, spoke in favor of the Conejo storm drain budget item. Mayor Settle adjourned the meeting to the Annual Meeting of the Capital Improvement Board at 7:40 p.m. CAPITAL IMPROVEMENT BOARD ANNUAL MEETING CIB1. CAPITAL IMPROVEMENT BOARD Council considered the minutes of the Annual Meeting of the Capital Improvement Board and election of officers. Moved by Williams/Smith to approve minutes of the meeting held on June 4, 1996; and elect Mayor Settle as President and the Vice Mayor Roalman as Vice President; motion carried (5-0). President Settle adjourned the annual meeting to the Regular City Council Meeting at 7:45 p.m. CONSENT AGENDA Moved by Roalman/Smith to approve the Consent Agenda as recommended by the City Administrative Officer, motion carried (5-0). C1. SIGN REGULATIONS (File No.424) Council considered giving final passage to an ordinance amending the City's Sign Regulations (Chapter 15.40 of the Municipal Code). Moved by Roalman/Smith to give final passage to Ordinance No. 1324; motion carried (5-0). C2. CITY COUNCIL MEETING SCHEDULE Council considered cancellation of the August 5, 1997 Regular City Council meeting. Moved by Roalman/Smith to cancel the August 5, 1997 Council meeting;motion carried (5-0). COUNCIL LIAISON REPORTS There were no liaison reports. PUBLIC HEARINGS 1. CONDUIT FINANCING (File No. 258) Council held a public hearing to consider a request from Vista Hospital Systems for conduit financing to assist them in their purchase of French Hospital. Mayor Settle opened the public hearing. Scott Gross,Vista Hospital Systems, asked for support of the conduit financing. Bill Storm.SLO, spoke representing the AARP, stating that he supports conduit financing. City Council Meeting Page 3 Tuesday,June 3, 1997-7:00 p.m. 2. FINANCIAL PLAN (File No. 233) Council held a public hearing to review the preliminary financial plan. CAO John Dunn introduced the item, commenting on the Neighborhood Services Program and the Youth Sports Fields. He suggested the Council allocate an additional $30,000 to the Neighborhood Services Program, and clarified that the sports fields would be discussed at a public hearing after contract issues have been addressed by the negotiating team. Finance Director Statler gave an overview of the proposed changes to the preliminary plan. Community Development Director Jonas gave details of the current Neighborhood Services Program and the proposed expansions. Rob Bryn, Neighborhood Services Manager, gave further details of the program. Police Chief Gardiner explained recent developments regarding funding to the Economic Opportunity Commission for the operation of the Homeless Shelter. He clarified that unused funding from last year is available for the Homeless Services Center. He stated that the EOC is asking for a bridge of one time funding of one-half of the shortfall,which totals$77,000. Mayor Settle opened the public hearing. Lillian Judd gave background regarding the funding issues of the EOC. She asked Council to fund the one time shortfall and explained that the County is being approached to pay half the cost. Biz Steinberg, EOC Director, stated that there need to be assurances that this doesn't happen again next year and asked Council to send a letter to help with those assurances. Mayor Settle closed the public hearing. There was consensus by the Council to refer the matter back to staff for a recommendation and to submit a letter to the state. Utilities Director Moss presented an addition to the budget for a CIP regarding Water Supply Mitigation. There was unanimous consensus to move forward with the staff recommendation. After discussion, Council reached a consensus among four members to move forward with the downtown improvements,with the exception of Council Member Romero. By consensus, Council continued the review and discussion of the Preliminary 1997-99 Financial Plan. COMMUNICATIONS Comm1. Council Member Smith invited everyone to see the SLO Blues game on Fathers' Day. Comm2. Council Member Williams stated that she received a copy of the BIA's two-year work program. Comm3. Vice Mayor Roalman reported that the Housing Task Force is conducting a feasibility and marketing study to determine if 600 new beds on campus will be feasible. He stated that ASI and SCLC input will be solicited in the preliminary drafts from the consultant. Comm4. Assistant CAO Hampian said that the Board of Supervisors directed staff to return with a resolution clarifying that they do not wish to have the Airport annexed as part of the annexation. CommS. Mayor Settle stated that he would like to leave the Urban Reserve Line as is during the annexation process. Comm6. CAO Dunn suggested that the Council formally ask the Board to reconsider their action 613 City Council Meeting Page 4 Tuesday,June 3, 1997-7:00 p.m. of last December regarding land use and zoning. Council agreed to agendize the matter for discussion. BUSINESS ITEMS ENTRY SIGNS (Spec. No. 95-46) Council considered rejecting a non-responsive low bid of $53,627 from Diamond Air Conditioning Corporation and awarding a contract in the amount of $68.,198 to the second low bidder,Vernon Edwards Constructors, Inc. Assistant to the CAO Wendy George gave a brief overview and introduced Patty Brown, Promotional Coordinating Committee, who gave a history of the entry sign issue. Assistant to the CAO George summarized the process of receiving approvals from County and Cal Trans agencies,and the bidding process. She stated that the total costs plus contingencies is$65,790. Public Works Director McCluskey explained that the second low bidder is being recommended because there was a miscalculation in the low bidder's contract and because more than 50% of the work was being subcontracted. He clarified that the low bidder did not comply with the bid specifications. Mayor Settle opened the floor to public comment. Shelly Stanwvck. Chamber of Commerce, spoke in support of the entry signs, stating that the signs are important to attracting tourists to the area. She urged the Council to approve the project. Having no further requests to speak, Mayor Settle returned the discussion to the Council. Council Member Romero stated that if the columns are subtracted from the bid, the second low bidder would be Maino Construction. Moved by RomeroWilliams to eliminate the 4 columns and: 1) Reject as non-responsive the low bid in the amount of$53,627 from Diamond Air Conditioning Corporation; 2) award a contract in the amount of$68,198 to Maino Construction, the second low bidder, 3) authorize the Mayor to execute the contract; and 4) authorize transferring an additional $35,211 to the project budget; motion carried (4-1, Roalman opposed). Vice Mayor Roalman stated that he will not be supporting the motion because of the size of the signs and the environmental implications. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 9:40p.m. to Thursday, June 5, 1997 at 5:30 p.m. in the Council Chamber, 990 Palm Street,San Luis Obispo. APPROVED BY COUNCIL: 7/1/97 BG:dr Bonnie L.Gawf, City Clerk Wednesday, May 21,1997 The Board of Supervisors of the County of San Luis Obispo,and ex-officio the governing body of all other special assessment and taxing districts for which said Board so acts, met in regular adjourned session at 10:30 o'clock A.M. PRESENT: Supervisors Harry L Ovitt, Laurence L Laurent,Peg Pinard Michael P. Ryan,Chairperson Ruth E..Brackett ABSENT: None Also Present from the San Luis Obispo City Council: Mayor Allen Settle Vice-Mayor Bill Roalman Councilmember Kathy Smith Councilmember Dodie Williams Councilmember Dave Romero SUM AGN CS Thereafter,pursuant to the requirements of the Brown Act, County Counsel reports out on the items from Closed Session as follows: Items 1 through 12 (from the 5/20/97 meeting)-No report required because no final action was take. Thereafter, the Board goes into Open Public Session. 2 SP This is the time set for a study session to discuss the status of the Airport Area annexation and related matters. Chairperson Brackett: Opens the floor to public comment. Ms.Wanda Strassburg: states she is a pilot and opposes the Airport being annexed to the City;appreciates the services,by the City,to the Airport;and, indicates the Airport is currently beautifully run and maintained Ms.Diane Hull: states she is very excited about this meeting today and hopes it is the first of marry to come over the next couple of years; comments to annexing the Airport into the City and the line for annexation. Mr. Pascal Grimaud: states the Airport is a County asset and must remain under County control;understands the rush on this based on the Straussbaugh property; refers to a letter (14 pages)he previously sent the Board last year, regarding not annexing the Airport to the City. Mr.Jerry Dagoa: wants the City to withdraw their request to annex the land and area around the Airport; states he is glad the County is involved in this, to guide the process. Chairperson Brackett.- closes the floor to public comment. Mr. Lee Williams: Deputy County Administrator, introduces the issues the County and City staff will be presenting. Mr. Ken Hampian: Assistant City Administrator, outlines the three actions taken by the City regarding a Specific Proposal Plan, Funding Plan and Strategy Plan and outlines from those actions,the following: the Specific Plan Content/RFP Consultant components and the staff components;County Area Plan Fiscal Study, 12/96; annexation/no annexation to the City and sales tax issues for each; Specific Plan/Annexation Schedule being 15 months and 2-3 C!-S years to completely finish the process; interim annexation criteria that has been developed;annexation of the Airport being consistent with both the City and County General Plans;this would allow the City to reach properties south of the Airport without modifying the URL and will have revenue implications; responds to comments by the public and their concerns to annexing the Airport into the City: the Airport is strong and viable and is important to the City and indicates they have supported recent changes here;further,the City has no interest in operating the Airport, revenues would remain with the County,and the City is willing to work with the County on land use issues and, the City Plan should be consistent with the Airport Land Use Plan;comments on the Coffman Report recommendations with respect to the Airport,with the City being willing to do several things: City-County agreement,City adopting the Airport Land Use Plan, Airport Impact Specific Plan and a fee & tax agreement; discusses County development of the area: concerns by the City regarding continuing development in the County, development not being compatible with the City General Plan and it could lead to sprawl; concerns expressed about the Airport and respective fiscal interests. Mr.John Mendeville:Long Range Planning Manager for the City,addresses compatibility issues on County owned land for private uses and in the surrounding areas; indicates they are looking at changes here for consistency with the City's General Plan;Airport Land Use Plan consistency,and concerns about the City's language currently reading "should"and the concerns about it being changed to read "shall" to be consistent with the Plan language; indicates there aren't significant differences in land use issues under either the City's or the County's general plans with the only real difference being the City has an Architectural Review Committee; addresses development of the Airport Specific Plan within the land use/general plan to address various issues. Mr. Bryce Tingle: Assistant Director of County Planning and Building, presents 3 maps of the area and a report on tentative allocations for Nacimiento Water; outlines the five areas of concern they have regarding(1) preventing Land Use conflicts at the Airport, (2) zone enough land for commercial/industrial zoning, (3) finance, construct and maintain needed public improvements, (4) determine the character of development and, (5) comprehensive versus piece-meal planning of the Airport area;outlines future pressures based on concerns raised at the 5/6/97 Board of Supervisors meeting;possible land use changes to more intensive uses that could possibly jeopardize airport operations;information on Nacimiento Water,requests for this water, outlining the maps that indicate where the requests are coming from and the amount of water each is requesting; summarizes his report indicating they are looking at compatibility issues;indicates the current Airport Land Use Plan,that was adopted in the'70's,is currently under review for an Update and is currently at the Airport Land Use Commission level. Chairperson Brackett: indicates she hopes we will also have a joint meeting on the Airport Land Use Plan. Mr.Duane Leib: Director of General Services,indicates they have a strong, proprietary interest with respect to the Airport; outlines his concerns regarding land use control; County staff being very proud of the increased services/development at the Airport; the Airport being self sufficient and not using any General Fund monies to assist it; states the City has been very supportive, in the past, of the Airport; the need to change the Airport Land Use language in the City document from "should"to"shall". Mr.Jim Harris: Coffman and Associates, indicates they are the consultants that prepared the evaluation report done at the Airport; outlines the report and the comparisons they made to seven other airports, what the review included and the findings they made, based on what is occurring at these 67` -4 airports. Mayor Settle: thanks all for the opportunity to have this meeting today and indicates a follow-up meeting should occur; suggests the City is best able to provide municipal services; asks the Board to keep the issue of annexation open; and, compatibility issues being very important to him. Chairperson Brackett: discusses private businesses at the Airport and the rules being the same for them as the County. Mr. Settle: indicates he can see that occurring. Supervisor Ryan: questions the URL and property owners out around the airport and the number that would need to vote on this. Mr. Tingle & Mr. Paul Hood (LAFCo): respond to questions regarding the URL and recent changes near the Buckley Road area;and,the need for 50% of the land owners in the area, to protest/support this. Councilmember Smith: questions land owners that are not registered voters and what would happen. Mr.Hood: the percentage count would occur through a protest hearing not an election. Supervisor Ovitt: indicates there could be two types of votes - (1) protest hearing and (2) an election. Supervisor Ryan: questions the Fiscal Study for 95-96,development occurring through the County,needing the support of the property owners and this not really being the same as the annexation process;questions infra-structure costs versus expanded costs through existing services with the City and increased costs to property owners. Mr.Hampian & Mr.Tingle: respond to questions. Mayor Settle: suggests it is a benefit to the property owners to stay with the City versus infra-structure. Chairperson Brackett: agrees but, further states the City is also asking for additional things like open space and the potential of additional costs to the property owners. Mr.John Dunn: City Administrator,addresses costs by both the City and the County and these being answered through the Specific Plan;further,responds to questions about what the Specific Plan would include. Mr. Hampian: indicates it is in the best interest of the property owners to annex and open space should be viewed as a plus and the County should see it that way too. Councilmember Romero: states the Airport is the County's but also the City's, as the City has an interest in seeing it kept viable; outlines what the Specific Plan would include and it being more practical to have the City provide the services;it would be a benefit to have the area annexed;states the City has no interest in operating the Airport. SUPERVISOR MICHAEL P. RYAN AND COUNCILMEMBER DAVE ROMERO ARE NOW ABSENT. Supervisor Ovitt. suggests the issue is one of credibility on whether this will be followed all the way through; suggests the County can provide these services, too; (SUPERVISOR MICHAEL P. RYAN IS NOW PRESENT.) indicates property and sales tax issues will be determined through the process and feels the Airport annexation can be a separate issue. Supervisor Pinard: addresses questions she has received from city residents, referring to page 47 of the report relating to City water policies (COUNCILMEMBER BILL ROALMAN IS NOW ABSENT.); indicates she has been asked a series of questions relating to current City residents and the potential losses of services for them,with future annexations occurring;feels the voters should have the say on this. (COUNCILMEMBER BILL ROALMAN IS NOW PRESENT.) Mr.Dunn: indicates that raises a good question and they will bring back the answer at a subsequent meeting. Mr.Robert Hendrix: County Administrative Officer,comments about getting written responses from the City, on these issues. Chairperson Brackett: indicates future meetings should be issue specific. Supervisor Laurent: feels the City water issues are their issue only and are not an issue for this meeting; suggests the County has a credibility problem too with the recent land use changes from agriculture to rural residential; questions what would happen if the County doesn't concur with the City regarding annexing the Airport and suggests there needs to be a "what if' discussion with the City. Supervisor Pinard: indicates water issues are pertinent to the annexation issue and the needs/problems at the Airport, that can occur whether it is annexed or not. Supervisor Ryan: indicates he agrees with Supervisor Laurent and if the Airport is the "deal breaker" for annexation, the County needs to know this up front; addresses regional uses that are developing in this area. Mayor Settle: states that based on today's meeting there does need to be another meeting to address issues of City consistency, avigation agreements, URL compatibility, economics and at another future meeting, the issue of water. Chairperson Brackett: addresses the questions raised by Supervisors Laurent and Ryan about whether or not annexing the Airport is or is not a "deal breaker" and getting the City to move on the annexation in order to get an answer. Vice-Mayor Roalman: questions if the County would agree to annexation and with respect to water issues, those are the City's concern. Supervisor Ovitt: indicates the issue of annexation can go forward without the airport; wants to see what the boundaries would be for this annexation and has concerns about being able to address the property owners'needs. Councilmember Smith: feels the current City Council is committed to the annexation; water issues will be handled by the City not County; will be looking at Supervisor Pinard's concerns that were raised by City residents;and, need to look at both sides to see what is being done. Mr.Jeff Jorgensen: City Attorney,addresses the annexation and the current plan using the current URL and why; the consultant will look at other areas through the environmental review; the City would like to keep the Airport in the proposed annexation and if the County is ultimately opposed to this they should let the City know right away. Councilmember Williams: feels the airport property owners will be better served by municipal services;folks want to be annexed in and the City needs to hear whether the Airport will be in or out of the annexation;and,is looking forward to future joint meetings. Chairperson Brackett indicates she feels the majority of the Board has grave concerns about annexing impacts to the Airport; will work on setting up another joint meeting on the land use issues. Mayor Settle: agrees to setting up another meeting and informs the Board of a joint cities (all 7 cities)meeting to be held 6/5/97 and invites the Board to attend. On motion duly made and unanimously carried, the Board of Supervisors of the County of San Luis Obispo,and ex-officio the governing body of all other special assessment and taxing districts for which said Board so acts, does now adjourn I,JULIE L. RODEWALD,County Clerk-Recorder and Ex-Officio Clerk of the Board of Supervisors of San Luis Obispo,and ex-officio clerk the governing body of all other special assessment and taxing districts for which said Board so acts, do hereby certify that the foregoing is a fair statement of the proceedings . the meeting held Wednesday, May 21, 1997, by the Board of Supervisors of the County of San Luis Obispo,and ex-officio the governing body of all other special assessment and taxing districts for which said Board so acts. JULIE L. RODEWALD, County Clerk- Recorder and Ex-Officio Clerk of the Board of Supervisors By: /s/Vicki M. Shelby Deputy Clerk-Recorder DATED: June 11, 1997 vms r I .f i 1' i: e: moi. CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JUNE 17, 1997-6:30 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLL CALL:- Council ALL: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, Environmental Resources Manager City Council held a closed session to discuss the following issue: CONFERENCE REGARDING PROPERTY NEGOTIATIONS—Pursuant to Government Code§54956.8 Property: Bishops Peak Acquisition Negotiating Parties: City of San Luis Obispo: Ken Hampian Neil Havlik Property Owner Representative: Ray Bunnell Negotiation: Whether to Acquire No action was taken. 7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber,where a public report of the action taken in closed session was to be given. APPROVED BY COUNCIL: 7/1/97 Bonnie L.Gawf,City Clerk BLG:dr MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JUNE 17, 1997-7:00 P.M. COUNCIL CHAMBER, 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: John Dunn,City Administrative Officer;Jeff Jorgensen,City Attorney; Bonnie Gawf, City Clerk; Ken Hampian,Assistant City Administrative Officer; Arnold Jonas, Community Development Director, Bill Statler, Finance Director, Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; Ann Slate, Director of Personnel; John Moss, Utilities Director, Mike McCluskey; Public Works Director, Paul LeSage, Parks and Recreation Director. CLOSED SESSION REPORT Property: Bishops Peak Acquisition Negotiating Parties: City of San Luis Obispo: Ken Hampian Neil Havlik Property Owner Representative: Ray Bunnell Negotiation: Whether to Acquire City Attorney Jorgensen reported that no action was taken at the closed session. COMMUNICATION Council Member Williams reported that several students from Los Ranchos School, where she recently visited,are present at tonight's meeting, and that she is impressed by the students' interest and knowledge in civics. PUBLIC COMMENT PERIOD There were no speakers under public comment. Vice Mayor Roalman noted that a correction to page 5 of the May 2r minutes should be made, adding that Keith Gurnee expressed concerns regarding neighborhood compatibility and scale of the building. Council Member Smith stated that she would be voting no on Item C5 because she disagrees with allocating the money for the projects from enhanced promotional funds. Mayor Settle noted that the resolution for Item C4 has been revised. Council agreed to remove Item C6 from the consent calendar for discussion. CONSENT AGENDA Moved by Romero/Williams to approve the Consent Agenda,except Item C6,as recommended by the City Administrative Officer; motion carried(5-0). City Council Meeting Page 2 Tuesday,June 17,1997-7:00 p.m. C1. COUNCIL MINUTES Council considered of the minutes of: Monday,May 19,1997 at 7:00 p.m.; Tuesday,May 20,1997 at 6:15 p.m.; Tuesday,May 20, 1997 at 7:00 p.m.; Thursday,May 22,1997 at 7:00 p.m.;and Tuesday,May Z7, 1997 at 7:00 p.m. Moved by Romero!Williams to waive oral reading and approve minutes as amended; motion carried (5-0). C2. APPROPRIATIONS LIMIT(File No.234) Council considered establishing the appropriations limit for fiscal year 1997-98. Moved by Romero/Williams to adopt Resolution No.8681 establishing the City's appropriation limit for 1997-98; motion carried(5-0). C3. DMSION.OF 805 AREA CODE (File No.202) Council considered supporting the"east-west"division of the 805 area code and retention of the existing 805 area code designation by the"west"area. Moved by RomeroiWilliams to adopt Resolution No.8682 supporting "east-west"division and retention of the 805 area code by the"west"; motion carried (5-0). C4. DELINQUENT SOLID WASTE AND DISPOSAL ACCOUNTS (File No. 142) Council considered authorizing the San Luis Obispo County Assessor to assess the amounts due to the San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as liens against the properties involved. Moved by RomeralWilliams to adopt Resolution No.8683 authorizing County Assessor to assess amounts due on delinquent accounts as liens against properties; motion carried C5. ENHANCED PROMOTIONAL FUNDS (File No. 1054) Council considered of recommendations by the Promotional Coordinating Committee for allocation of Enhanced Promotional funds as follows: $4,000 to print 3,000 brochures for the World Association of Symphonic Bands and Ensembles Conference; $1,200 to purchase slide sets for media promotion; $1,500 to create a new tourism web site,separate from the Chamber of Commerce's regular web site;and,$2,000 to purchase software which will allow linkage between the Chamber of Commerce's Calendar of Tourism Events database and the new tourism web site. Moved by Romero/Williams to approve the PCC's recommendations for use of Enhanced Promotional Funds; motion carried (4-1,Smith opposed). C6. CITY ENTRY SIGNS(File No.95-46) Council considered 1)rescinding Council action of June 3, 1997,award of contract to Maino Construction,and awarding a contract in the amount of$68,198 to Vernon Edwards Constructors; 2)rescinding Council action of June 3, 1997 transferring$35,211 to the project budget,and authorizing the transfer of$28,135 to the project budget. Public Works Director McCluskey gave a brief staff report,stating that the award of the contract C4-/-/2 City Council Meeting Page 3 Tuesday,June 17,1997-7:00 p.m. should have gone to Vernon Construction,or the project should be rebid. Mayor Settle opened the floor for public comment George Gibson. SLO, stated that he disagrees with spending $68,000 to place a monument sign at the entry of the city, because the Cal Trans signs already provide the needed information for travelers. He asked Council to reconsider. Natalie Diagins. Chair of PCC, responded that the City needs a unique sign that reflects the uniqueness of the community,and that the goal is to drive tourism into San Luis Obispo. She asked that the bid be awarded without further delay. Ann Crookshanks, PCC Member, stated that criteria set by the ARC caused the sign to be more expensive than originally planned. She asked Council not send the sign back to rebid. Vice Mayor Roalman noted for the record that he will vote no because the sign is too big and not a prudent use of public money. Council Member Romero stated for the record that he believes it would be worthwhile to rebid the project Moved by Williams/Smith to rescind previous Council actions and award contract to Vernon Edwards Constructors,and transfer$28,135 to the project budget; motion carried(3-2, Roalman, Romero opposed). COUNCIL LIAISON REPORTS CLR1. Council Member Smith reported on the recent CERT classes she attended, stating that she highly recommends the training. CLR2. Council Member Romero reminded the Council that the Channel Counties League meeting will be in Filmore on Friday,June 271h. CLR3. Vice Mayor Roalman reported that SLOCOG will meet tomorrow,June 1811,at 9:00 am. at the Library regarding Federal and State transit funds. PUBLIC HEARINGS 1. 1997-99 FINANCIAL PLAN Mayor Settle clarified that there is nothing on the agenda pertaining to the Cal Poly Sports complex tonight,but that the budget simply sets aside funds for youth sports fields. A. DEVELOPMENT REVIEW USER FEES (File No.109) Council held a public hearing to consider amending the Community Development Department Planning Services Fee schedule related to sidewalk sales permits,Christmas tree/pumpkin lot permits,fence height exceptions,voluntary mergers and agreements,to become effective September 1, 1997. Community Development Director Jonas presented details regarding the fee schedule. Finance Director Statler clarified that fees are only charged for recorded agreements. Mayor Settle opened the public hearing,and having no requests to speak,closed the public hearing. City Council Meeting Page 4 Tuesday,June 17,1997-7:00 p.m. Moved by Williams/Smith to adopt Resolution No.8684 setting planning fees as follows: Sidewalk Sales Permits -$46.00; Christmas Tree/Pumpkin Lot Permits-$21.00; Fence Height Exceptions- $85.00;Voluntary Mergers -$84.00; and,Agreements-$86.00; motion carried (5-0). B. FIRE INSPECTION FEES (File No.109) Council held a public hearing to consider establishing fees for excessive visit fire inspections to be levied for third and subsequent inspections,effective September 1,1997. Fire Chief Neumann presented the staff report,stating that the fee will most likely reduce the number of excessive fire inspections. Mayor Settle opened the public hearing,and having no requests to speak,closed the public hearing. Moved by Roalman/Smith to adopt Resolution No.8685 setting a fee of$103 for excessive fire inspections; motion carried (5-0). C. FINAL BUDGET ADOPTION (File No.233) Council held a public hearing to consider final adoption of the 1997-99 Financial Plan and 1997-98 Budget CAO Dunn introduced the item. Finance Director Statler gave a brief overview of the Operating Programs and Capital Improvement Program. Mayor Settle opened the public hearing. Steven Marx.265 Albert Drive,cautioned the Council against sharing sports fields with Cal Poly, stating environmental concerns. He stated that he is in favor of budgeting money for youth athletic fields,if the City does not partner with Cal Poly. Council Members clarified that the adoption of the budget document only sets aside money for athletic fields, but does not approve any agreement with Cal Poly. Richard Kranzdorf.SLO,asked Council to look at alternative sites for youth sports fields rather than on the Cal Poly campus. Having no further requests to speak,Mayor Settle closed the public hearing. Vice Mayor Roalman stated he will not be voting for the budget document,because he disagrees with the allocation money toward the Wells Fargo Parking lot before the alternative parking study is addressed. Council Member Romero stated that he will not vote for the budget unless more money is allocated for street repair and congestion management After discussion,moved by Smith/Settle to adopt Resolution No.8686 approving the 1997-99 Financial Plan and appropriating funds for fiscal year 1997-98,with special emphasis on a mid- year review for the purpose of consideration of allocation of additional funds to the pavement management plan,and approve carrying-over$40,000 in CDBG funding for homeless services center operations from 1996-97 to 1997-98; motion carried (3-2,Roalman, Romero opposed). 2. REGULATION OF TOBACCO PRODUCTS (File No.703) Council held a public hearing to consider adopting an ordinance restricting the display of tobacco products for the purposes of sale and prohibiting the sale of tobacco products to minors. City Council Meeting Page 5 Tuesday,June 17,1997-7:00 p.m. City Attorney Jorgensen presented the staff report,detailing the requirements of the proposed ordinance. He clamed that there are minor differences between the FDA rules,which go into effect August 281',and the City's ordinance. Mayor Settle opened the public hearing. Dr. Chuck Maas,spoke representing Dr.Hansen,stating that he supports the adoption of the ordinance and that tobacco regulation for youth is an important factor in addressing public health issues. Susan Hughes, Grover Beach,SLO Tobacco Control Program,spoke in support of the ordinance, stating that it will help reduce illegal sales to youth. Lisa Lopez Santa Barbara County Health Care Services,spoke in support of the ordinance. Tom Maier.SLO County Director of Public Health,spoke in support of the proposed ordinance. Nicole Cofer.Youth Coalition,spoke in support of the ordinance,stating that it will make it more difficult for youth to purchase tobacco. Dawn Dunn.Santa Barbara County Health Care Services,spoke in support of the ordinance, stating that it is pro youth,not anti business. Bill Frankslocal business owner,stated that he opposes the ordinance and that he is careful not to sell tobacco products to minors. John (did not give last name), retailer,spoke in opposition to the ordinance,stating that the law against minors smoking should be enforced with a fine on the minors. Randy Estes. Cork&Bottle Liquor Store owner,spoke in opposition to the proposed ordinance, stating that the minors who smoke should be fined, not the merchants. Karl AM-PM Owner,spoke in opposition to the ordinance,stating that business owners should not be punished. Andy Falker.County Tobacco Control Program,spoke in support of the ordinance,stating that since it is illegal to sell tobacco products to minors, business owners must take responsibility for that. He clarified that the ordinance addresses some forms of tobacco that the FDA regulation does not. Tom Jones.Tobacco Control Coalition for SLO County,spoke in support of the ordinance. Moved by Smith/Romero to introduce Ordinance No. 1325 to print amending the City's Municipal Code to include a new chapter restricting the display of tobacco products for the purposes of sale and prohibiting the sale of tobacco products to minors; motion carried(5-0). COMMUNICATIONS Comm1. Council Member Smith reported on a local Healthy Communities group who is meeting to address the welfare reform laws which will be going into effect soon. BUSINESS ITEMS 3. LEASE-45 PRADO ROAD (File No.484) City Council Meeting Page 6 Tuesday,June 17,1997-7:00 p.m. Council considered executing a lease of certain City-owned real property located at 45 Prado Road to the Environmental Center of San Luis Obispo County(ECOSLO)and approving assignment of said lease by ECOSLO to RALCO. Utilities Director Moss presented the staff report. Mayor Settle opened the floor to public comment. Frank Sioel.Chairman of ECOSLO,stated that he is pleased to be turning over the operation of the recycling business to Ralco and urged Council's support. Steve McGrath. Ralco,asked for Council's support,and indicated that employee parking should not be a problem. Mayor Settle returned the discussion to Council. Moved by Roalman/Smith to authorize the Mayor to execute a lease agreement with ECOSLO; motion carried(4-1, Romero opposed). Moved by Roalman/Smith to authorize the Mayor to execute the assignment of lease to Ralco; motion carried (5-0). There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 9:30 p.m.to Tuesday,July 1, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 7/1/97 BG:dr Bonnie L Gawf,City Clerk