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03/22/1982City Council Minutes - Monday, March 22, 1982 - 12:10 p.m. Page 2 for owner to make a just return under the established.formula; 11) to be added to Section 4805, "Determination of Base Rent and allowable increases ", Subparagraph 2, to read: "An increase over the then existing space rental equal to 3/4 (75 %) of the cost -of- living increase (Bureau of Labor Statistics, U.S. National Consumer Price Index) for the preced- ing 12 -month period." See also the new definition of-capital expendi- tures- -only subject to consideration under hardship if approved by more than 50% of tenants or directed by a public agency. Councilman Settle submitted additional changes as follows: 1) Page 2, Section 4800, "Purpose and Intent," Subsection (c), add: "Therefore, the Council will appoint a subcommittee to work with park and tenant representatives for a long -term solution of owner - tenant matters primarily through developing a minimum standard uniform lease of a form for a specific number of years, assumable by new owners, transferable to new tenants and automatically renewable. Page 5, Subsection (d), modify: Date should be "1984." Page 5, Section 4804, Subsection (a), add: "Personnel" should be added to the section of sentence "...to utilize the city offices, and facilities and personnel as needed..." Page 6, Subsection (b), add: After the words "...in this Chapter," add the words "or to any decrease in or charges for service or facilities." Page 6, Subsection (d), add: After "maximum rents," add the words "either up or down..." 2) Page 7, Section 4805, add: New Subsection (d) to read: "No owner shall effect a prohibited rent increase through the reduction of general park facilities and services." Page 7, Section 4806, Subsection (a), add: The underlined words in the following sentence: "...may file with the Board an application for a rent increase for one or more spaces or application to reduce or charge for certain services or facilities." Page 8, Subsection (c), add: After the word "increase," add "or change in services or facilities." After the word "Board" in.that sentence, add a new sentence simply stating "Service shall be thirty (30) days prior to date of application." Page 10, Section 4809, add: "(b)(3) Permit or deny extra charges or changes in general park facilities or services." Art Jack was concerned that a statement be added stating that for any new tenants coming in after the effective date of the ordinance of March 15, 1982, that the tenant be made aware that should they sign a lease with the park owner, the ordinance would not be binding upon them; and they would have no opportunity for readdress. George Thacher, City Attorney, suggested having an additional statement that would require that the mobilehome park owner, prior to offering a lease agreement with the tenant, must provide a copy of the ordinance to the tenant. Upon general consensus, Council concurred with this wording change Paul Dunmire questioned Section 4808, "Standards of Review ", and requested an additional statement be added to read "In evaluating the rent - increase application, the Board may consider, items not covered in the normal operating expenses, along with all other factors it considers relevant..." George Thacher, City Attorney, explained that this was covered in a preceding section and did not feel it was necessary to add it again to this section. n fj I City Council Minutes Monday, March 22, 1982 - 12:10 p.m. Page 3 After brief discussion, Council concurred to leave Section 4808, "Stan- dards of Review" as is. Mayor Billig stated that after the adoption of the ordinance, she would like to see a letter sent to all mobilehome parks and associations explaining to tenants that the ordinance was in effect and for them to be aware of those conditions, especially in light of the leases coming up, and reminding park owners to provide a copy of the ordinance to their tenants. Morris Levin stated he would like to see Council separate out amenities versus park services. He felt that any reduction for amenities should result in reduced rates as is set forth in the Pismo Beach ordinance regarding rent stabilization. George Thacher advised the City Council against adding any language that might inhibit the landlord and tenants from negotiating into future leases. Councilman Griffin suggested two additional changes: 1) Section 4806, Hardship Exceptions: Application, Subparagraph (b) to add, "...The amount of the requested rent increase, the effected date of the requested increase, and the fact supporting the requested increase." He also suggested adding additional language in Section 4807 to add the government code section which constitutes the Brown Act. Upon general consensus, Council concurred with both changes. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 923 (1982 Series), an ordinance of the Council of'the City of San Luis Obispo adding Chapter 8 to Article 4 of the San Luis Obispo Municipal Code to establish a mobilehome park rent stabilization system-with changes as submitted by City Attorney, Councilman Settle and Councilman Griffin but excluding paragraphs submitted by Councilman Settle on page 2, Section 4800, Purpose and Intent, and page 8, Subsection (c), the last sentence. Introduced.and - passed to print on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and.Mayor Billig NOES: None ABSENT: None After brief discussion and upon general consensus, Council agreed that staff be directed to prepare a resolution setting forth the role of the subcommittee to work with the mobilehome-park. owners and tenant representatives.(5 -0). 2. HRC GRANT RECOMMENDATIONS - ECONOMIC OPPORTUNITY COMMISSION Council considered a recommendation from the Human Relations Commission to authorize a $6,000 grant to provide seed money for a.city -wide volunteer bureau operated by the Economic Opportunity Commission. Steve Henderson, HRC Coordinator, briefly reviewed the proposal submit- ted by EOC requesting expenditure - -of $6,000 from the HRC!contingency fund to provide seed money for a city -wide volunteer bureau operated by the EOC. The EOC has documented the.need for volunteer services through a needs assessment which was included in the proposal. Agencies and municipalities contacted had indicated that they would use the volunteers as soon as they were available. EOC would recruit, train and recognize volunteers and provide a 10 percent match to secure funding. Councilman Dunin questioned why the city should carry this program. Dan Herron, Community Planning Director for EOC, stated that volunteer- ism is the right direction for many of the human services programs, City Council Minutes Monday, March 22, 1982 - 12:10 p.m. Page 4 especially with CETA sources and other funds becoming tighter,.volun- teers are more important. Councilwoman Dovey stated she could not support the proposal for several reasons: 1) HRC has historically been very sticky about having their procedures formally followed in each proposal for request of funds, they have traditionally turned down.other agencies who have not followed those procedures; 2) this was a last minute, rather hastily thrown together proposal as far as HRC was concerned. HRC was unable to get into depth with this proposal as they were in the process of revising their forms; 3) the proposal asks for a four -month funding and one month of this has already been used up; 4) funds are being primarily asked to pay for salaries, which is also traditionally not supported by the Council; 5) the original request was for $4,350 and prorated to four months would make it $5,800, not $6,000; 6) some of the budget figures seemed rather high, i.e., utilities, insurance, and mileage. She felt that use of volunteers in City government is a good idea, but not something the city should jump into. She felt that staff and others needed to be worked with and the program developed more slowly. Councilman Dunin agreed with comments made by Councilwoman Dovey and would emphasize that if there was.to be a volunteer program, he felt that it should be done by City staff and not an outside agency. Councilman Settle stated he could support the volunteer bureau under the following conditions: 1) Beginning date to be April; 2) procedures be followed in the future so as to not have the program rushed; 3) to be a one -time request in the amount of $5,000 to be used as seed money., and paid on a voucher basis; 4) reporting system to be established. Councilman Griffin felt the proposal should have to compete on the same basis as the other human services programs; in this case the timing was extremely poor. He would suggest referring the proposal back to HRC as part of the 1982 -83 process. Mayor Billig felt that an overall approach needed to be developed under the City Administrative Officer so that maximum intent of voluntary efforts could be reached and integrated with City staff. If the Council approved of the proposal, possibly a city person could coordinate this type of activity. Gwen Ekelund, Community Volunteer Bureau Consultant, explained in response to some of the Council's questions that the program had not been put together hastily, but in fact, she had spent months on the program developing it and working with other volunteers to come up with a viable proposal. It was put into HRC format in a hurry, but the proposal itself was well thought out. Further, she had contacted every service agency in town, approximately 28 of them and only two had been unable to provide the help that had been requested. She urged the Council to be supportive of the project; it was a new concept and would not be perfected over night but needed support. On motion of Councilwoman Dovey, seconded by Councilman Dunin, to deny the request for $6,000. Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Dunin and Mayor Billig NOES: Councilmembers Griffin and Settle ABSENT: None On motion of Councilwoman Dovey, seconded by Councilman Dunin, to direct the Administrative Officer to research the possibility of a city estab- lished volunteer program to be considered at budget time. Motion carried, all ayes. City Council Minutes Monday, March 22, 1982 - 12:10 p.m. Page 5 3. DOWNTOWN DESIGN GUIDELINES Council continued its consideration of proposed guidelines for the downtown area of San Luis Obispo (continued from 11- 10 -81): Jeff Hook, Assistant Planner, explained that at the November 10 meeting Council had heard the presentation by the consultant and referred the Downtown Improvement Manual to the Downtown Business Improvement Area, Planning and Architectural Review Commissions, the Tree Committee and staff with direction to review and forward comments. This was done and the Downtown Improvement Manual was being returned to the Council for final review. He stated that the Manual covered three key issues on downtown design: 1) An analysis of the existing design character of the downtown; 2) recommended public improvements; and 3) recommended private improvements. The Manual's general assessment of downtown's problems and opportunities and recommendations for private improvements had received mostly favorably comment; however, recommended public improve- ments on sidewalk "bulb- outs ", street lighting.and furniture, paving, street trees, and signage had been the focus of most concerns. Impli- mentation of the Manual had also been discussed. Staff would support the design guidelines for private sector improvements as being appro- priate recommendations for the downtown and useful to both public and staff. 1:35 p.m. Councilman Griffin left the meeting. The Council then made comments on the matrix provided regarding recom- mended public improvements. 1. Pavingj- .Manual recommended changing the city's present style mission style paving to reduce installation and maintenance costs. The new design would be similar in color and materials but have tile banding only along the curbside border; tree wells and at . "bulb- outs ". Upon general consensus, Council concurred with paving as recommended by the Manual (4 -0, Mayor Billig stated that-Councilman Griffin also concurred): 2. Bulb -outs - Reaction to staff recommendations had been generally negative due to concerns with traffic impacts, effect on ability of street to carry storm -water runoff, and pedestrian safety at corner bulb -out. Consensus was that additional study of.the bulb -out concept was necessary before any city.endorsement. Councilman Settle stated he had real problems with the bulb -outs as outlined due to the safety factor and liability issue and would like to see that resolved first. Councilwoman Dovey agreed with Councilman Settle. She questioned whether we really wanted a lot of people on the street corners. She felt it needed additional study. Councilman:Dunin stated he-would oppose the present program as outlined. He would rather see a program similar to that of the City of Santa Cruz with a semi mall atmosphere. Mayor Billig felt -that the bulb -outs were.a good idea but-not on every street corner. She wants to see traffic slowed down in the downtown area. She felt that.the.downtown should be a-;pedestrian-orientated area. She would support an overall approach. She stated.that Council- man Griffin also agreed with taking the overall approach. After brief discussion and-upon-general consensus,-.Council agreed that the bulb -out program be supported using an overall approach with further study as to which intersections should have bulbed areas (4 -1). City Council Minutes Monday, March 22, 1982 - 12:10 p.m. Page 6 3. Street Trees - Public Services and the Tree Committee had expressed general support for the recommended tree types and planting program but had additional questions regarding planting and tree well details. Both the Architectural Review-and Planning-.Commissions voiced concerns with street tree recommendations and felt recommended tree types needed further study. Councilman Dunin could not support the present tree list as he felt many of the trees were unsuitable for the downtown area as they dropped berries and encouraged birds. He felt that this needed to be looked at very carefully. Although pruning of the trees was important, he was not critical of the staff or present maintenance program as past.Councils had not been clear as to what they wanted in the way of trees in the downtown area. Councilman Settle agreed with ARC recommendations as well as the Tree Committee and Public Services' concerns. He would also like to see additional information on maintenance costs. Councilwoman Dovey was anxious for the city to take actions. She felt that staff and past Councils had been talking about this for a long time. She would suggest using planters as a possibility vs. trees in certain areas. . Mayor Billig felt that part of the_problem was the maintenance and pruning programs. She felt that the variety of trees proposed would be acceptable. Pruning was the number one key in getting.rid of berries and birds. She felt that planting of trees was extremely important as they have such a heavy impact on the sidewalks. She stated that Councilman Griffin also agreed with the recommendations to look at street trees with additional study. After brief discussion and upon general consensus, staff was directed to prepare a specific proposal on landscaping for the downtown including specific maintenance approach, types of trees and timing. 4. Tree Well Design - Council agreed that the tree well design needed additional study, especially regarding the impacts on safety; maintenance, trash, etc. After brief discussion and upon general consensus, staff was directed to continue the tree well policy in much the same manner as previously adopted but for safety purposes only. In the interim, Council to look at additional options, review designs and concepts that they would like to see integrated and submit these suggestions to staff to be made a part-of the total implementation program. , . 5. Street Furniture - The Architectural Review Commission had disagreed with the recommendation that all "unnecessary street furniture, including benches; be eliminated from downtown sidewalks" and felt existing seating areas should be retained and additional seating added where appropriate. After brief discussion and upon general consensus, Council agreed to support the addition of more benches than that recommended by the consultant for the downtown area. 6. Signing - Signing recommendations for the public sector were endorsed by the Architectural Review Commission and Planning staff with strong support for the use of American Institute of Graphic Arts Signs and removal of existing "hairpin" signs on sidewalks. The City Engineer also supported removal of "hairpin" signs but voiced reservations with the recommendation to relocate street signs onto light poles due to conversion costs. Council was supportive of the international symbols on signs and con- solidation of signs where possible and using single poles where con- solidation wasn't feasible. City Council Minutes Monday, March 22, 1982 - 12:10 p.m. Page 7 Upon general consensus, staff and ARC directed to come up with options for consolidation of signs, keeping in mind visibility aspects that signs be aesthetically pleasing. The Council would be supportive of the international symbols and use of fewer poles (5 -0). Upon question by Mayor Billig, Ken Schwartz explained that the city had purchased some time back three pole forms which permited the handling of temporary banners for La Fiesta and other events, both'to help promote the events and add color in the downtown area. He was unaware of what happened to those poles. After brief discussion and upon general consensus, Council directed staff to reevaluate the use of banners and report back as to what had become of them. 7. Lighting - Concerns had been voiced about the cost efficiency of converting downtown street lighting to the recommended "two tiered" system. Councilwoman Dovey could support pedestrian lighting in the mid block; she felt that was a good idea. She felt that the city had sufficient lighting in the downtown area but would,•of course, like to see replace- ment of more intense lighting if it was economically feasible. Councilman Dunin would like to see staff address the present city lighting looking at it from the standpoint of aesthetics and quality. He would not be prepared to spend the money for additional changes now but would look to this as a long term possibility. Councilman Settle agreed to comments made by Councilman Dunin and felt that the lighting was sufficient in the downtown area from the standpoint of poles but would agree that the economic feasibility would be the deciding factor. He was primarily concerned that there would be sufficient lighting from the standpoint of crime measures. Mayor Billig felt that lighting was a critical e treated very sensitively. She would not wish to lighting system until after the trees and street completed. She felt that lighting must be keyed conservation and safety. prevention:and safety lement but must be change the present improvements have been to aesthetics, energy After brief discussion and upon general consensus, Council agreed to support the "two tiered" lighting system but not pursue high intensity lighting. 8. Private Improvements - Council agreed with the Private Improvements as suggested by the consultant. Mayor Billig summed up the Council's comments and stated she would like to see a resolution come back from staff to adopt the private improvement guidelines. She felt that there was some work to be done before the public improvements could come back in light of two projects coming before the city in the downtown area in the near future. She would like to have this done prior to that time. B.I.A. should be notified that the city supports the guidelines and that they should be implemented as soon as possible. She would be willing to write a letter to the B.I.A. regarding this. On the issue of bulb -outs, the City Attorney was directed to report back on the liability and safety features. Sandra Gillespie, B.I.A., stated she would like to see page 22 of the report, regarding materials to be used for paving, rewritten in a more positive manner, stating what materials could be used and what should not be. On motion of Councilwoman Dovey, seconded by Councilman Settle, to endorse the Downtown Improvement Manual as an informational guide for City Council Minutes Monday, March 22, 1982 - 12:10 p.m. Page 8 the private improvements with staff to come back with additional recommendation for.public improvements. Also, to amend.page 22 of the document. Motion carried, all ayes. Councilman Griffin absent. Upon comment by Mayor Billig, Council also supported the Architectural Review Commission working with the City Administrative Officer to hold a workshop to discuss the public improvement'feedback aspects (4 -0; Councilman Griffin absent). Ken Schwartz felt that it was important for the Council to remember that most major decisions regarding type of trees, hairpin signs and sidewalk improvements, were the result of probably 75 percent of all the citizen committees, i.e., Tree Committee, Design Review Board, Architectural Review Commission, etc., and not the recommendations by staff. He felt that this document should be used as a guideline only and would not like to see the city taking a "cookie cutter" approach. The most important priority as far as he was concerned was maintenance. If what exists in the downtown area is not kept up, this would lead to the degradation of the downtown faster than anything else. He felt it was critical that the street system, sidewalks, and furniture be kept up. He would hope the private sector would be willing to do the same. The second priority would be the tree program. It takes time for trees to grow but if the Council felt confident with the tree program, then he felt this should be implemented and supported. The remainder of the items, i.e., sidewalks, crosswalks ,.street.furnishings,.etc., would not make much sense until a. significant determination is made regarding parking to allow additional pedestrian traffic. He suggested that the program be done in units or by segments, relative to circulation, trees, lighting, etc., because if it is not done in increments, it will probably never seem feasible to do. There being no further business to come.before the City Council, Mayor Billig adjourned the meeting at 2:55 p.m. to Monday, March 29, 1982, at 12:10 p.m. V amela Voges, Ci Clerk APPROVED BY COUNCIL: 5/4/82 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, MARCH 29, 1982 - .12:10 P.M. HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen . Settle and Mayor Melanie C. Billig Absent: None