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03/21/1995CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 21, 1995 - 6:30 PM CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, and Mayor Allen Settle Absent: Vice -Mayor Dave Romero City Staff Present: Jeff Jorgensen, City Attorney A. CONFERENCE WITH LEGAL COUNSEL (pursuant to Government Code Section 54956.9) Existing Litigation, Jordan v. City, (WCAB) 6:45 PM Mayor Settle declared a recess to open session in the Council Cham ,where a public report of the action taken in closed session was given. yam, j APPROVED BY COUNCIL: ialie´┐Ż Glarho 11, City Clerk DRG.jsb MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 21, 1995 - 7:00 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, and Mayor Allen Settle Absent: Vice -Mayor Dave Romero City Staff Present: John Dunn, City Administrative Officer, Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer; Mike McCluskey, Public Works Director; Jim Gardiner, Police Chief; John Moss, U t i l i t i e s Director; Ron Whisenand, Development Review Manager City Council Meeting Tuesday, March 21, 1995 - 7:00 p.m. Page 2 Jeff Jorgensen, City Attorney, reported Council held a Closed Session and authorized a settlement, but negotiations were not final. PUBLIC COMMENT PERIOD P.C.I. T. Keith Gurnee, San Luis Obispo, stated that the Highway 41 realignment in Atascadero had been in progress since 1967, most of the right of way had been acquired, and the design was 65% completed. He requested Council Member Roalman change his vote as the Council's SLOCOG delegate on the Highway 41 issue or resign as SLOCOG's delegate. P.C.2. Richie Ray Walker, San Luis Obispo, requested water rate rollbacks and a traffic signal at Orcutt Road and Laurel Lane. P.C.3. Betty Henson. 1860 Thelma Dr., requested entertainment for teenagers in San Luis Obispo; Council referred her to Parks and Recreation Director Paul LeSage. P.C.4. Michelle Roest, San Luis Obispo, invited citizens to participate in San Luis Garbage's recycling event on Saturday, March 25th. Presentation by the Business Improvement Association of the Downtown Beautification Awards. Marshall Ochvlski, Business Improvement Association, presented slides of award winners. Council Member Williams presented awards as follows: Best New Construction: Downtown Center, Phase 2 - Merit Award Woolpert,Toews & Terhuene Building - Merit Award Best New Interior Construction: Mother's Tavern - Merit Award Starbucks - Merit Award Structure - Certificate of Excellence Council Member Smith presented awards as follows: Best Exterior Remodel: Trian Investments - Merit Award Parable - Merit Award Best Interior Remodel: Big Sky - Merit Award Bagel Basement - Merit Award Linn's Fruit Bin - Certificate of Excellence Council Member Roalman presented awards as follows: Best Facade Remodel: Barrett Block - Merit Award Art of Sandwich - Certificate of Excellence City Council Meeting Tuesday, March 21, 1995 - 7:00 p.m. Page 3 Maintenance: Downtown Shell - Certificate of Recognition Downtown Bench Program and various donors - Certificate Recognition First Bank - Certificate of Recognition Garden Street Inn - Certificate of Recognition Tease Building - Certificate of Recognition J.P. Andrews Building - Certificate of Recognition Ann's - Certificate of Recognition Downtown Center - Certificate of Recognition Marshall Ochviski presented awards as follows: Best Window Merchandising Ann's - Merit Award Ambiance - Merit Award Hands Gallery - Certificate of Excellence Best Interior Merchandising: Gap - Merit Award Structure - Merit Award Body Suit - Certificate of Excellence Mayor Settle presented awards as follows: Downtown Facade Program - Special Award Decemberfest - Mayor's Award CONSENT AGENDA Moved by Smith/Roalman to approve the Consent Agenda as recommended by the City Administrative Officer with the exception of C-0 as noted; motion carried (4-0-1, Vice Mayor Romero absent). C -1 COUNCIL MINUTES Consideration of the minutes of: Tuesday, February 21, 1995 at 6:00 p.m., and Tuesday, February 21, 1995 at 7:00 p.m. Moved by Smith/Roalman to waive oral reading and approve minutes; motion carried (4-0-1, Vice Mayor Romero absent). C -2 LEASE PAYMENT TEMPORARY SUSPENSION (File No. 551) Council considered granting a temporary suspension (until July 1, 1996) of parking lease payments for the property owner, Michael Rice, at 1020 Railroad Avenue, and waive the current amount ($1,234) of outstanding payments. Moved by Smith/Roalman to temporarily suspend and waive parking lease payments for 1020 Railroad Avenue and waive the current amount ($1,234.00) of outstanding payments; motion carried (4-0-1, Vice Mayor Romero absent). City Council Meeting Tuesday, March 21, 1995 - 7:00 p.m. Page 4 C-3 NIPOMO STREET BRIDGE - PROGRAM SUPPLEMENT (File No. 93-55) Council considered approving Program Supplement No. 015 to Local Agency /State Master Agreement for Federal Projects No. 05- 5016(002) for "Bridge Replacement Project - Nipomo Street at San Luis Obispo Creek," City Plan No. J -12H. Moved by Smith/Roalman to adopt Resolution No. 8401 approving Program Supplement No. 015; motion carried (4-0-1, Vice Mayor Romero absent). C-4 NEIGHBORHOOD ENHANCEMENT (File No. 422) Council considered granting final passage to an ordinance amending the zoning regulations to strengthen property maintenance provisions. (Continued from 317195.) Council discussed outdoor fumiture, fence heights and screening requirements. Staff recommended that the minor clean -up language be brought back as a separate item at a later date. Moved by Roalman/Smith to grant final passage to Ordinance No. 1277; motion carried (4-0-1, Vice Mayor Romero absent). C-0 SONIC CABLE RENEWAL (File No. 143) Council considered granting final passage to an ordinance granting a fifteen year franchise to Sonic Cable Television of San Luis Obispo. . Moved by Smith/Roalman to give final passage to Ordinance No. 1278; motion carried (4-0-1, Vice Mayor Romero absent). C-0 RFP - CONSTRUCTION MANAGEMENT - HEADQUARTERS FIRE STATION (File No. 95 -19D) Council considered approving a Request for Proposals (RFP) to provide Construction Management/DSA Certified Resident Inspection services during the construction phase of the new Headquarters Fire Station. Moved by Smith/Roalman to authorize CAO to release. RFP and award and execute an agreement with the successful proposer if the proposal is $110,000 or less; motion carried (4-0-1, Vice Mayor Romero absent). C -7 PURCHASE OF REPLACEMENT COPIERS (File No. 95 -26) Council considered a three year agreement with Copytron for the purchase of copiers using a cooperative purchasing agreement developed by the State of Califomia and U.S. General Services Administration. Moved by Smith/Roalman to approve agreement using cooperative purchasing agreement; motion carried (4 -0-1, Vice Mayor Romero absent). API A -1 BICYCLE COMMITTEE (File No. 123) City Council Meeting Tuesday, March 21, 1995 - 7:00 p.m. Page 5 Council considered an appointment to the Bicycle Advisory Committee. Council Member Roalman presented the subcommittee's recommendation to reappoint Craig Anderson. Moved by Roalman/Smith to reappoint Craig Anderson to a four year term to expire 3131199; motion carried (4-0-1, Vice Mayor Romero absent). A -2 CULTURAL HERITAGE COMMITTEE (File No. 123) Council considered appointments to the Cultural Heritage Committee. Council Member Williams presented the subcommittee's recommendations to appoint John Edmisten and Alice Loh, and to reappoint Victoria Wood and Dan Krieger. Moved by Williams/Roalman to appoint John Edmisten to an unexpired tern to end 3131197, reappoint Victoria Wood to a three year term to expire 3131198, reappoint Dan Krieger to a four year term to expire 3131199, and appoint Alice Loh to a three year term to expire 3131198; motion carried (4 -0-1, Vice Mayor Romero absent). A-3 HUMAN RELATIONS COMMISSION (File No. 123) Council considered appointments to the Human Relations Commission. Council Member Roalman presented the subcommittee's recommendation to reappoint Trish Avery and Joan Lawrence. Moved by Roalman/Williams to reappoint Trish Avery to a four year term to expire 3131199, and reappoint Joan Lawrence to a three year term to expire 3131198; motion carried (4-0-1, Vice Mayor Romero absent). A-4 PERSONNEL BOARD (File No. 123) Council considered an appointment to the Personnel Board. Council Member Smith presented the subcommittee's recommendation to reappoint Dann Torrance. Moved by Smith / Roalman to reappoint Dann Torrance to a three year tern to expire 3131198; motion carried (4-0-1, Vice Mayor Romero absent). A-0 PLANNING COMMISSION (File No. 123) Council considered appointments to the Planning Commission. Mayor Settle presented the subcommittee's recommendation to reappoint Charles Senn. Moved by Settle /Smith to reappoint Charles Senn to a four year term to expire 3131199; motion carried (4 -0 -1, Vice Mayor Romero absent). City Council Meeting Tuesday, March 21, 1995 - 7:00 p.m. Page 6 A-0 HOUSING AUTHORITY (File No. 123) Council considered appointments to the Housing Authority. Mayor Settle presented the subcommittee's recommendation to reappoint Biz Steinberg, Jamie Daniel and Alice Martin. Moved by Settle / Roalman to reappoint Biz Steinberg to a four year tern to expire 3131/99, and reappoint Jamie Daniel (tenant commissioner) and Alice Martin (tenant/elderly commissioner) to two year terns to expire on 3131197; motion carried (4 -0-1, Vice Mayor Romero absent). A -7 JOINT RECREATIONAL USE OF SCHOOL PROPERTY (File No. 123) Council considered an appointment to the Joint Recreational Use of School District Property Committee. Council Member Roalman presented the subcommittee's recommendation to appoint Steve Sales. Moved by Roalman /Smith to appoint Steve Sales to a three year term to expire 3/31198; motion carried (4-0-1, Vice Mayor Romero absent). COUNCIL LIAISON REPORTS C.L.R.1. Council Member Roalman reported there would be a special SLOCOG meeting in Atascadero tomorrow to discuss Highway 41 issues. C.L.R.2. Council Member Williams invited the public to purchase La Fiesta buttons and T -shirts. PUBLIC HEARINGS 1. MOBILE HOME PARK RENT STABILIZATION (File No. 424) Council held a public hearing to consider amending the Mobile Home Park Rent Stabilization ordinance concerning automatic adjustments to rent to make such adjustments applicable to both increases or decreases in expenses, to clarify that expenses do not include capital Improvements or ongoing maintenance costs, and to extend the notice period for such increases or decreases to 90 days. Jeff Jorgensen, City Attorney, reviewed the history of the request to amend the ordinance. Mayor Settle declared the public hearing open. David Evans, representing the Western Mobilehome Parkowners Association, spoke against any reconsideration or amendments to the ordinance in place. Ray Neimish, San Luis Obispo, spoke in support of the proposed amendments. Jim Buttery representing the owners of Laguna Lake Mobile Home Park, spoke in opposition. Betty Henson, 1860 Thelma Dr., spoke in support of the proposals. City Council Meeting Tuesday, March 21, 1995 - 7:00 p.m. Page 7 Bill Henson. 1860 Thelma Dr., agreed that the ordinance was a better solution. Mayor Settle declared the public hearing closed. Council discussed an initiative on the March, 1996 ballot to remove local control from mobile home rentals and the impact of the proposed changes in the ordinance. Moved by Roalman/Smith to introduce Ordinance No. 1279 amending section 5.44.060(E) of the Mobile Home Park Rent Stabilization ordinance; motion carved (4-0-1, Vice Mayor Romero absent). 2. PARKING GARAGE USER FEES (File No. 109) Council held a public hearing to consider extending the hours of parking garage user fees to 9:30 p.m. on Thursday, Friday and Saturday evenings. Mike McCluskev. Public Works Director, reviewed the need to extend the hours to provide better management of the facility and prevent vandalism and loitering. He clarified that the hours would be extended to 11:00 p.m., as presented in the amended resolution. Mayor Settle declared the public hearing open. No one spoke for or against this item. Mayor Settle declared the public hearing closed. Moved by Roalman/Smith to adopt Resolution No. 8402 extending hours of parking garage user fees; motion carried (4 -0-1, Vice Mayor Romero absent). 3. FRENCH ANNEXATION/PRE-ZONING (File No. 441) Council held a public hearing to consider giving final passage to an ordinance concurring with the negative declaration of environmental impact and amending the zoning map from Low- Density- Residential (County zoning) to Low - Density- Residential, with specific overlay (R4-SP) for a 14-acre parcel adjacent to the City limits at 4380 Broad Street (ANNX/R 110 -93); Charles French, applicant. (Continued from 1117195.) Ron Whisenand, Development Review Manager, reviewed the interest of property owners in annexing property next to Fuller Road. Mayor Settl declared the public hearing open. John French, applicant, spoke in support of the staff recommendation. Mayor Settl declared the public hearing closed. Council discussed annexation alternatives and the status of surrounding parcels. Moved by Smith/Williams to give final passage to Ordinance No. 1275 prezoning a 14-acre parcel outside the city limits to Low - Density- Residential, with a Specific Plan overlay (R- 1-SP); additional properties were considered, but no action on annexation of the additional parcels taken at this time; motion carried (3 -1 -1, Council Member Roalman voting no, Vice Mayor Romero absent).