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09/15/1992City Council Meeting Page 2 Tuesday, September 15, 1992 - 7:00 P.M. 1 CONSENT AGENDA Moved by Roalman /Rappa (5-0) to approve the Consent Calendar as recommended by the City Administrative Officer with the exceptions of C-4 and C-5 as noted. C-1 COUNCIL MINUTES Moved by Roalman /Rapp (5-0) to adopt the following minutes as amended: Tuesday, August 4, 1992 at 7:00 P.M. and Tuesday, August 18, 1992 at 7:00 P.M. C-2 HIGHWAY 227 (File No. 1145) Council considered authorizing the Mayor to sign a cooperative agreement with the State to transfer State Highway 227 to a new alignment within the city. Moved by Roalman /Rapp (5-0), Resolution No. 8065 was adopted authorizing the Mayor to sign Agreement No. A- 102 -92-CC with the State of California (Department of Transportation) regarding the relinquishment of a portion of State Highway 227 to the City and the relocation of State Highway 227 to a new alignment as recommended. 1 C-3 REZONING - R 27 -92 Council considered giving final passage to an ordinance amending the Zoning Regulations to allow certain retail uses in the Neighborhood Commercial (C-N) zone (continued from 8/18/92 and 9/1/92). Moved by Roalman /Rapp (5-0), Ordinance No. 1222 was given final passage amending the Zoning Regulations as recommended. C-4 REGIONAL OFFICE CENTER (File No. 463) Council considered giving final passage to an ordinance amending the Zoning Map from C /OS to 0- 1313 and approving a preliminary development plan to develop a regional office center at 40 Prado Road; Maxine Oliver Morosky, applicant (continued from 9/1/92). Councilman Roalman pulled this issue as he was concerned that the project had received a negative declaration and asked for clarification. After brief discussion, moved by Dunin /Reiss to give final passage to Ordinance No. 1223; motion carried (3-2, Councilmembers Pinard and Roalman voting no). C-5 RETROFIT STANDARDS (File No. 517) Council considered giving final passage to an ordinance establishing mandatory retrofit standards upon the change of ownership, use, or upon remodel (continued from 9/1/92). City Council Meeting Page 3 Tuesday, September 15, 1992 - 7:00 P.M. 1 After brief discussion, moved by RoalmanL apps to give final passage to Ordinance No. 122 , 4• motion 0 0 n carried (3-2, Councilmembers Reiss and Mayor Dunin voting no). C-6 HUMAN RELATIONS COMMISSION 1992 -93 WORKPLAN (File No. 1045) Council considered Human Relations Commission (HRC) Workplan for 1992 -93. Moved by Roalman/Raooa (5-0) to approve the HRC Workplan as recommended. C-7 SURPLUS CITY PROPERTY (File No. 165) Council considered declaring two vehicles as surplus to allow for their sale. Moved by Roalman /Raooa (5-0), Resolution No. 8066 was adopted declaring City Vehicle Nos. 6409 and 8702 as surplus property as recommended. C-8 U.S. CONFERENCE OF MAYORS Council considered endorsing a resolution adopted by the U.S. Conference of Mayors concerning population and its relationship to the economic, social and environmental health of cities of the nation. Moved by Roalman /Raopa (5-0), conceptual endorsement was given to the resolution as recommended. C-9 ANHOLM PARK PLAY LOT RENOVATION (File No. 92 -37) Council considered rejecting all bids for Anholm Park (formerly Mission Street) Play Lot Renovation, City Plan S-19Y. Moved by Roalman/Raapa (5-0) to reject all bids and directed staff to bring back a project within the available $61,000 as recommended. C-10 TRANSIT GRANT ALLOCATION (File No. 549) Council considered reauthorizing the application for a Proposition 116 Grant Allocation. Moved by Roalman/Rappa (5-0), Resolution No. 8067 was adopted reauthorizing staff to apply for a $500,000 Proposition 116 grant allocation to purchase two transit coaches as recommended. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. ' City Council Meeting Page 4 Tuesday, September 15, 1992 - 7:00 P.M. PUBLIC HEARINGS 1. MOBILE HOME PARK RENT STABILIZATION (File No. 428) Council held a public hearing to consider proposed amendments (see also Tape File No. 428 for a complete reading of this item) to the Mobile Home Park Rent Stabilization Ordinance concerning rent increases upon change of ownership and certain exemptions. Mayor Dunin stepped down due to a possible conflict of interest. Vice -Mayor Rappa presided. Jeff Jorgensen, City Attorney, briefly reviewed the agenda report with the recommendation that the Council receive the report regarding the proposed amendments to the Mobile Home Park Rent Stabilization Ordinance and provide staff with direction as to any preferred amendments. He provided two ordinances in the Council packet for their consideration. He reviewed the history of the cases, and stated that in January 1990, the City had received a request from the Western Mobile Home Association to amend the City's Rent Stabilization Ordinance to delete its vacancy control provisions. At the June 16, 1992 City Council Meeting, Councilman Roalman presented a communication in response to a request from Mr. Bill Henson and a petition signed by 239 mobilehome owners requesting that staff bring back the report on the legal validity on the Mobile Home Park Vacancy Control Regulations in light of Supreme Court decision in Lee vs. Escondido. Dennis Law. representing Creekside Mobilehome Park, stated that he felt insufficient public notice had been provided to the tenants. He had 4 concerns: 1) that historically the ordinance has worked without problems and that the City cannot identify any abuses by park owners; 2) the City faces significant litigation expenses and risks if the proposed amendments are adopted; 3) the elimination of the "safe harbor° exemption is illegal; and 4) the procedures the City is utilizing to consider adoption of the proposed amendment are unfair. Jeff Jorgensen stated that he had recent communications with Mr. Evans, who represented the Creekside Mobilehome Park, and that he believed sufficient notice had been provided. He indicated at that time that this item would be discussed on September 15 and that the materials would be available by September 4. He had follow -up discussions with them during that time. Vice - Mavor Rappa declared the public hearing open. O Allen Settle stated that he was familiar with the ordinance having been a part of its earlier adoption as a Council person and he spoke in support of reinstating vacancy control. Ward Spencer, resident of Creekside, read a prepared letter into the record also supporting vacancy decontrol. Jim Wells, 1032 Carey Dr. and a tenant in the Laguna Lake Mobilehome Park, urged support of vacancy decontrol. Betty Henson, 1865 Thelma Dr., Laguna Lake Mobilehome Park, also urged support of the vacancy decontrol. t Bill Henson. 1865 Thelma Dr., Laguna Lake Mobilehome Park, agreed with previous comments speaking in support of vacancy decontrol. City Council Meeting Page 5 Tuesday, September 15, 1992 - 7:00 P.M. 1 Leslie .Thelma Dr., spoke in support of rent control. Lloyd Dietrich resident of the Laguna Lake Mobilehome Park, also spoke in support of rent control. Tommy LaFia. 1121 Orchid, spoke in support of the ordinance. Sam McMillan, 1121 Orchid Space 36, spoke in support of the proposed ordinance. Gay Benson. Lima Dr. and a previous member of the Mobilehome Rent Control Ordinance Committee, spoke in support of vacancy decontrol. RM Terrill. 1037 Stephanie Dr. and tenant in a mobilehome park, spoke in support of reinstating the ordinance. Dennis Law, representing several of the mobilehome parks, reviewed the history of rent control and again reviewed the points identified in his letter as to the reasons that this should be deleted. David Evans took exception that sufficient notice had been provided him and urged that the ordinance be retained as is. Bill Wilson, 274 Higuera and an owner of a mobilehome park, spoke in support of retaining an ordinance. Pat Fleming, manager of Creekside Mobilehome Parks, reviewed how sales had been steady during this time of decontrol and again urged the Council to leave it as is. Glen Johnston, owner of a small mobilehome park, spoke in support of leaving the ordinance as is and urged the Council to give further study prior to taking action. Ed Evans, owner of Creekside Mobilehome Park, also urged the Council retain the current ordinance. He stated that as a part of their leases, he had provided several concessions over the last 10 year lease and believed that he would be harmed should the vacancy decontrol be reinstated. Bob Anderson, owner of the Rancho Mobilehome Park, stated that he had helped write the current ordinance and urged its retention. Merk Munson, spoke in support of retaining the ordinance. He stated that there had been no significant problems with the ordinance so don't fix something that is not brokel Vice -Mayor Raooa declared the public hearing closed. Jeff Jorgensen, City Attorney, summarized the options for the Council which included Option 1) that in light of the unsettled legal issues concerning regulatory takings and the high probability that litigation would be forthcoming if the City reinstates vacancy decontrol, the Council may wish to defer action until such time as the legal issues have been clarified; Option 2) if the Council wishes to reinstate vacancy decontrol, they would introduce the ordinance included in their packet; Option 3) if they wish to delete the exemptions from the Rent Stabilization Ordinance for parks with 66.670/a of the spaces under lease agreements and parks with condominium ownerships, Council should 1 introduce Attachment B in their packet; Option 4) if the Council desired vacancy control and delete the exemptions, they should consider adopting both of the ordinances; and Option 5) if the Council City Council Meeting Page 6 Tuesday, September 15, 1992 - 7:00 P.M. ' Rem with appropriate direction to staff. had additional concerns or revisions, to continue the a 8:40 PM Vice -Mayor Rappa declared a recess. 8:55 PM City Council reconvened; all Councilmembers present with the exception of Mayor Dunin. Councilman Roalman stated that he would like the Near record of what the rent increases had been since vacancy decontrol was removed in 1990. Because of the unsettled nature of the legal issues and the Supreme Court decision is currently being reviewed, he would recommend continuance. Councilman Reiss agreed with the comments made by Councilman Roalman and would support a continuance. Councilwoman Pinard felt that sufficient notice had been provided as she had contacted by various owners in the last two weeks requesting to discuss the issue. Councilwoman Rappa stated that she had been reviewing the court cases, briefly reviewed the history of Measure D and the problems that had been inherent up until vacancy decontrol had been instituted. She does not believe that it constituted a physical taking of the property and would be supporting putting vacancy decontrol back into the ordinance. She believed the ordinance allowed for a fair rate of return through the park owner. Councilwoman Pinard also supported the vacancy decontrol measure. Moved by Roalman /Reiss to direct staff to solicit input from the public and document the findings for implementing vacancy decontrol; motion carried (4 -0-1, Mayor Dunin absent). Moved by Roalman/Reiss to continue this item to date certain October 20,1992 and in addition, solicit additional input from the public, document findings for implementing vacancy decontrol to further identify the impacts of continuing the provisions for people under lease not subject to vacancy decontrol; motion carried (3 -1 -1, Councilwoman Rappa voting no and Mayor Dunin absent). Mayor Dunin returned to the dias. 2. CITY /COUNTY I- IBRARY COMMUNITY ROOM FEES (File No. 109) Council held a public hearing to consider charging fees to the public for the use of Conference Room and the Community Room at the City/County Library. Ken Hampian. Acting City Administrative Officer, reviewed the agenda report with the recommendation that Council adopt a resolution which would establish fees for using the Community Room and Conference Room located at the City/County Library. Upon question by Councilwoman Rappa he stated that approximately 70% of the groups that use the facility are non-profit. Mayor Dunin declared the public hearing open. Allen Settle. 1244 Drake Circle, spoke in opposition to charging non -profit groups. City Council Meeting Page 7 Tuesday, September 15, 1992 - 7:00 P.M. Shirley Smith. Tulusa Road in Atascadero, spoke in support of exempting non - profit groups. Lance Evans, representing the Chamber of Commerce, also was opposed to the proposed charges for non -profit. Peosry Cotian. 253 Via San Bias and representing SLO Thinkers, also asked that the Council consider having smaller increments of blocks of time. She suggested 3 hours rather than 6 hours and that no charge be assessed non -profit groups. Mayor Dunin declared the public hearing closed. Councilwoman Raooa supported exempting non - profit groups at least on weekends. She was not comfortable with the staff recommendation. She was interested in what other communities charge and suggested at looking at ways to compensate for the loss of revenues. Councilwoman Pinard commented that the City/County Ubrary is currently paid for by City taxes. She felt it was double taxation to charge non -profit to use the facility. Councilman Reiss suggested some definition be used for non -profit groups. He was not necessary supportive completely of exempting non -profit but maybe to be some percentage less than that charged businesses. He could support 3 hour time increments. After discussion, moved by Rapp /Pinard to continue this item to date certain October 20, 1992 with staff directed to bring back a revised fee schedule reducing the costs to non- profit, provided a definition as to what constitutes °non - profit", propose a fee for 3 hour increments, and conduct a comparison of fees charged in other communities. Motion carried (5-0). 3. ZONING AMENDMENTS - CHILD CARE FACILITIES (File No. 463) Council held a public hearing to consider a Planning Commission recommendation to amend the Zoning Regulations regarding day care facilities. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council introduce an ordinance to print approving a mitigated negative declaration of environmental impact and amending the Zoning Regulations for day care as recommended. Mayor Dunin declared the public hearing open. No one speak for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Moved by Roalman /Dunin, Ordinance No. 1225 was introduced to print as recommended; Motion carried (5-0). n City Council Meeting Page 8 Tuesday, September 15, 1992 - 7:00 P.M. '. BUSINESS ITEMS 4. AMBULANCE SERVICES (File No. 714) Council considered confirming the City's intent to negotiate a new agreement with the County for the regulation of ambulance services. Bob Neumann, Fire Chief, briefly reviewed the agenda report with the recommendation that Council adopt a resolution requesting the County to negotiate a new ambulance agreement between the cities and the county and designating the City Managers /Fire Chiefs Committee on Ambulance Services as the bargaining group for the cities as recommended. After brief discussion, moved by RapDB /Reiss, Resolution No. 8068 was adopted as recommended; motion carried (5-0). S. EMERGENCY RESPONSE PLAN (File No. 714) Council considered a Multihazard Emergency Response Plan. Bob Neumann, Fire Chief, briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the plan as recommended. Moved by Rapoa /Reiss. Resolution No. 8069 was adopted as recommended; motion carried (5-0). ' COMMUNICATIONS There were no Communications. 10:55 P.M. Mayor Dunin adjourned the meeting to closed session to discuss personnel issues pursuant to Government Code 54957.1. 11:10 P.M. City Council reconvened in open session. Jeff Jorgensen, City Attorney, reviewed the decisions made in closed session: 1) Moved by Rapea /Roalman to determine that the 20 day suspension of Ken Bruce for abuse of sick leave imposed by the Community Development Director is proper; motion carried (4-1, Councilman Reiss voting no). 2) Moved by Raooa /Pinard to determine that the termination of Ken Bruce imposed by the Community Development Director for conduct in violation of the City's Code of Ethics and abuse of sick leave is proper, motion carried (3-2, Councilman Reiss and Mayor Dunin voting no). 11:15 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, September 22, 1992 at 7:00 P.M. APPROVED BY COUNCIL: 10/6/92 APPRO Pa e Voges, City C PV:cm