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