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10/20/1992City Council Meeting Tuesday, October 20, 1992 - 7:00 PM 1 Absent: None City Staff Page 2 Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer, Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Wayne Peterson, Acting Public Works Director, Arnold Jonas, Community Development Director; Jim Gardiner, Police Chief; Deb Hossli, Administrative Analyst; David Gray, Administrative Analyst PUBLIC COMMENT PERIOD P.C.1. Roy He requested the reinstatement of four public parking spaces in the City Hall parking lot. P.C.2. Bonnie Wafters read and submitted a prepared statement regarding World Population Awareness Week. P.C.3. Kathy Hasev submitted a petition and spoke protesting the bike lane on Santa Barbara Street. P.C.4. George Schro ff commended the Economic Opportunity Commission (EOC) staff for the Homeless Shelter and requested City assistance in its operation. CONSENT AGENDA Moved by Raooa/Roalman, the Consent Calendar was unanimously approved as recommended by the City Administrative Officer. C-1 COUNCIL MINUTES Moved by Raooa/Roalman, the following minutes were approved (5-0): Tuesday, September 22, 1992 at 7:00 P.M. C-2 SLO TRANSIT LOGO CHANGE (File No. 544) Council considered implementing a logo change on new bus purchases and existing bus rehabilitations. Moved by RavDa /Roalman to endorse the new SLO Transit logo as recommended (5-0). C-3 PARKING FINE COLLECTION CONTRACT (File No. 92 -30) Council considered awarding a contract to Turbo Data Systems, Inc., for parking fine collection at the base price of $.79 per citation. 1 Moved by Rapp@ /Roalman to award contract (A- 112- 92-CC) and authorize the Mayor to execute as recommended (5-0). City Council Meeting Page 3 Tuesday, October 20, 1992 - 7:00 PM C-4 UNDERGROUND STORAGE TANK REMOVAL (File No. F -92-4) Council considered approving plans for the removal of two underground storage tanks and upgrading four existing underground fuels and waste oil tanks at a cost not to exceed $33,000. Moved by RaDR@ /Roalman to approve plans for tank removal and upgrade, authorize soliciting of bids and award contract (A- 113- 92-CC) by CAO to the lowest responsible bidder as recommended (5-0). C-5 HOUSING GRANT (File No. 1011) Council considered a request by People's Self -Help Housing Corporation that the City submit a HOME housing grant application in the amount of $1,000,000 to the California State Department of Housing and Community Development (continued from 10/6/92). Moved by Rapoa /Roalman to adopt Resolution No. 8074 approving the request and authorizing the CAO to sign the grant application as recommended (5-0). C-6 TRANSPORTATION DEVELOPMENT ACT FUNDS (File No. 1155.1) Council considered approving the 1992 -93 annual claim for Transportation Development Act (TDA) funds totalling $780,029. Moved by Raooe /Roalman to adopt Resolution No. 8080 approving the annual TDA claim as recommended (5-0). C-7 JANITORIAL SERVICES (File No. 92 -32) Council considered 1) approving withdrawal of bids submitted by Friendship Maintenance on items B, K, and L; 2) approving award to Friendship Maintenance In the amount of $2,550 per month for Janitorial Services for Multiple Buildings, Spec. #JAN- 92 -001, bid items A,D,E,F, & G; and 3) approving award to Brendler Janitorial Services in the amount of $2,350 per month for bid items H,J,K, and L Moved by Raooa /Roalman to approve the withdrawal of bid items and award selected items in contract to Friendship Maintenance (A- 114- 92 -CC) and Brendler Janitorial (A- 115- 92 -CC), and authorize the Mayor to execute the agreements as recommended (5-0). COUNCIL UAISON REPORTS LRA. Penny Raooa requested support of the Transit Center project to be represented in November, stating the possibility that the funding could be changed. PUBUC HEARINGS 1. MOBILE HOME PARK RENT STABIUZATION (File No. 428) Mayor Dunin stepped down due to a possible conflict of interest. 1 City Council Meeting Tuesday, October 20, 1992 - 7:00 PM 1 Vice Mayor Raooa presided. Page 4 A. Council considered additional information from mobile home park tenants, representatives and owners on proposed changes to the Mobile Home Rent Stabilization Ordinance relating to Vacancy control, exemptions for leases and park conversions. Jeff Joroensen, City Attorney, reviewed five options available to Council to address the issues relating to mobile home vacancy rent control and lease exemptions. David Gray, Administrative Analyst, reviewed the process used to solicit public input and summarized responses on these issues. Council questioned staff regarding administrative proceedings to increase rents and regulatory taking issues under vacancy control. Moved by Roalman /Pinard to receive and file the report and make it a formal record as part of this proceeding; motion carried (4-0-1, Mayor Dunin not participating). B. Council held a public hearing to consider proposed amendments to the Mobile Home Park Rent Stabilization Ordinance concerning rent increases upon change of ownership and certain exemptions (continued from 9/15/92). Vice -Mayor Rance declared the public hearing open. Claremore Fenderson. Shefter, California and owner of the Oceanaire Mobile Home Park, stated that at his park he had a self- imposed rent control because he had not raised rates prior to the initiation of the present vacancy control. Ray Niemesh, a Creekside Mobile Home Park resident, requested vacancy control and the establishment of exemptions only if 100% of the tenants signed long -term leases. Jim Wells, a Laguna Lake Mobile Home resident, stated though he generally opposed rent control, the mobile home tenants needed protection. He felt that the conversion concept was a good one. Betty Henson, 1860 Thelma Drive, stated that it was difficult to obtain both park rental information and sales figures but that vacancy control was not an inconvenience to the owner. Lois Jean Rhinehart agreed with statements made by Ray Niemesh. Pat Fleming, manager of the Creekside Mobile Home Park, refuted the claims of residents. Paul DeLucv, Certified Financial Planner for Creekside, stated that the facts do not support the need for controls and that the current market rent levels were equitable. Bill Henson, 1860 Thelma Drive, stated there was great variation in rents and that the rentals for the spaces required to be posted under the 2/3 lease exemptions were not being posted. David Evans, Western Mobile Home Association, urged Council to adopt Option #1 and stated that ' 10 cities had returned to vacancy control that were in litigation. Vacancy controls benefited selected population segments. City Council Meeting Page 5 Tuesday, October 20, 1992 - 7:00 PM 1 Bob Bosworth, owner of the Silver City Mobile Home Park, stated that he had no problem with his tenants and that he works with them without vacancy control. Dennis Law. 1304 Pacific Street, spoke representing park owners. They were in support of the lease exemption and 20% rent control. He requested a delay in the decision, the appointment of a committee to review the issues, and restated the legal oppositions of his clients. Lloyd Spencer, a Creekside Park resident, requested protection and equity for residents. Lloyd Dietrich. a Laguna Mobile Home Park resident, stated that the 20% rent limitation was too high. Vice -Mayor Rapp@ declared the public hearing closed. Council reviewed questions, issues and alternatives brought forth in the public hearing. Upon consensus, Council agreed to take the proposed ordinance relating to vacancy control separate from the proposed ordinance for addressing lease exemptions. Jeff Jorgensen, City Attorney, requested minor alterations to the findings for items 16 paragraph E, and proposed additional statements to more closely conform with the sandpiper decision as follows: "This Council finds that the vacancy control provisions originally Included in the mobile home rent stabilization ordinance when it was approved by the voter: is an effective and beneficial provision to mobile home park tenants and should be reinstated." Moved by Roalman/Pinard. Ordinance No. 1226 was introduced to print the ordinance reinstating vacancy control rent stabilization for mobile home parks including amendments recommended by the City Attorney (4 -0-1, Mayor Dunin not participating). Council discussed issues relating to the lease exemptions. Jeff Jorgensen requested more time to analyze the problem, stating that the lease exemption issues impacted existing leases at Creekside. Moved by Councilmember Roalman to continue the lease exemption and condominium conversion issues to a date uncertain. Motion died for lack of a second. Moved by Pinard /Rappa to introduce an ordinance to print adopting recommendations for lease exemptions; motion tied (2 -2 -1, Counciimembers Roalman and Reiss voting no and Mayor Dunin non participating). Councilmember Roalman stated for the record that he is supportive of safe harbor but is also supportive of moving cautiously. Councitmember Reiss echoed Councilmember Roalman's comments. Moved by Roalman /Reiss to continue the lease exemption and condominium conversion issues to a date certain November 17, 1992. After discussion, the motion was withdrawn. City Council Meeting Page 6 Tuesday, October 20, 1992 - 7:00 PM Moved by Roalman /Reiss to continue discussion on the items pertaining to lease exemptions and condominium conversions to a date certain November 10, 1992; motion carried (4 -0-1, Mayor Dunin non participating). 8:37 p.m. Vice Mayor Raooa declared a recess. 8:51 p.rrL City Council reconvened; Mayor Dunin again presiding; all Counciimembers present: 2. LIBRARY 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 (continued from 9/15/92). John Dunn, City Administrative Officer, reviewed the framework driving the establishment of fees. Ken HamDian, Assistant City Administrative Officer, reviewed alternatives and the recommended schedule and tiers for establishing fees for community room use. Council questioned staff about the definition of profit and non -profit and requested those be incorporated into the legislation. ' Mayor Dunin declared the public hearing open. Shirley Smith, representing the Geological Society, supported the fees but wished to reserve the room earlier. Peaav Koteen, representing Atheists United of San Luis Obispo, thanked Administrative Analyst Deb Hossli for her assistance. Mayor Dunin declared the public hearing closed. Moved by Raoaa /Dunin, Resolution No. 8081 was adopted establishing fees for use of Conference Room and Community Room and amended to include the definitions listed as Exhibit 2 (5-0). 3. REZONING GP/PD 1455 - ORDINANCE CORRECTION (File No. 463) Council held a public hearing to consider the correction of the map for Ordinance No. 1175 (1990 Series) to reflect the actual area rezoned from R -3-1-1 to C -C -H -S on a portion of a one -third acre site at the southwest comer of Dana and Nipomo Streets. Arnold Jonas, Community Development Director, reviewed the alterations made by the applicant during the Planning Commission hearing that resulted in the wrong exhibit being presented to Council and passed with the subsequent ordinance. Mayor Dunin declared the public hearing open. ' Mary Mitchell, owner of the property, gave a history of the acquisition and attempts to rezone and develop the property. She requested the commercial rezoning to be reinstated for the entire property. City Council Meeting Page 7 Tuesday, October 20, 1992 - 7:00 PM Moved by Roalman/Pinard to introduce to print Ordinance No. 1227 replacing Ordinance No. 1175 with a revised map exhibit as recommended (5-0). Moved by Raooa/Dunin to initiate an application for a zoning change at 1015 Nipomo and adjacent properties from R-3-H to C -C-H -S zone at no cost to the applicant. After discussion, Vice -Mayor Rapoa amended the motion to state the applicant as the City of San Luis Obispo. After discussion, motion failed (2-3, Councilmembers Pinard, Reiss and Roalman voting no). COMMUNICATIONS There were no communications. 10:05 PM Mayor Dunin recessed the meeting to closed session to discuss personnel matters. 10:22 PM City Council reconvened in open session and reported action that the City Attorney is authorized to negotiate a settlement agreement with Robert Dimitrijevich. 10:25 PM there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, November 10, 1992 at 7:00 PM. APPROVED BY COUNCIL: 11/10/92 is R. la ell, C" Clerk DRG:cm MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 10, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Members Present: Council Members Peg Pinard, Jerry Reiss, Bill Roalman, Vice -Mayor Penny Rappa, and Mayor Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer, Ken Hampian, Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladwell,