HomeMy WebLinkAbout08/19/1997CLOSED SESSION OF THE. CITY COUNCIL
' CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 19,1997,1997- 6:30 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dodie Williams, Vice Mayor Bill Roalman, and
Mayor Allen Settle
Absent: Council Member Romero
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken
Hampian, Assistant City Administrative Officer
City Council held a closed session to discuss the following issue:
CONFERENCE REGARDING LEGAL COUNCEL - Existing Litigation - pursuant to Government Code
54956.9
City of San Luis Obispo v. PG & E
Council authorized settlement and authorized purchase of street lights from PG&E for $488,098.
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: 9116197
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ROLL CALL:
Council Members
Present:
Absent:
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 19,1997- 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Council Members Kathy Smith, Dodie Williams, Vice Mayor Bill Roalman, and
Mayor Allen Settle
Council Member Romero
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 Statier, Finance Director; Bob
Neumann, Fire Chief, Mike McCluskey; Public Works Director; Paul LeSage,
Parks and Recreation Director; Ron Whisenand, Development Review
Manager; Dave Elliott, Administrative Analyst; Neil Havlik, Natural Resources
Manager; Al Cablay, Public Works Manager; Harry Watson, Transportation
Manager.
PRESENTATION
Nicole Coffer of the SLO Tobacco Control Coalition presented a plaque and banner to the City
Council and thanked them for supporting the anti - smoking ordinance in honor of its seventh
anniversary this month.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING LEGAL COUNCEL - Existing Litigation - pursuant to Government Code
54956.9 City of San Luis Obispo v. PG & E
City Attorney Jorgensen reported that, in Closed Session, Council authorized settlement and the
purchase of street lights from PG &E in the amount of $488,098.
PUBLIC COMMENT PERIOD
PC1. Alan Friedman, SLO, asked Council to expedite the process of drafting an ordinance
regarding further restrictions for leaf blowers.
PC2. Bill Storm, SLO, President of the local chapter of AARP, asked Council to make further
modifications to the parking limits around the Senior Center. He said the two hour limit is
a hardship for seniors, asked Council to change the limit to four hours and presented a
petition requesting the changes.
CONSENT AGENDA
Moved by Williams /Smith to approve the Consent Agenda with the exception of Item C -10 (BR ,
opposed), as recommended by the City Administrative Officer; motion carried (4-0-1, Romero
absent).
City Council Meeting
Tuesday, August 19,1997- 7:00 p.m.
C1. COUNCIL MINUTES
' Council considered the minutes of:
Thursday, June 5, 1997 at 7:00 p.m.; (Joint Cities' Meeting)
Tuesday, July 8,1997 at 6:30 p.m.;
Tuesday, July 8,1997 at 7:00 p.m.;
Thursday, July 9,1997 at 12:00 p.m. (Advisory Body Subcommittee); and
Tuesday, July 15, 1997 at 7:00 p.m.
Page 2
Moved by Williams /Smith to waive oral reading and approve minutes as amended; motion carried
(4 -0-1, Romero absent).
C2. TUITION REIMBURSEMENT PROGRAM (File No. 602)
Council considered instituting a Tuition Reimbursement Program to encourage excellence of
performance.
Moved by Williams /Smith to adopt Resolution No. 8701 approving the Tuition Reimbursement
Program; motion carried (4-0-1, Romero absent).
C3. CURBSIDE OIL COLLECTION PROGRAM (File No. 142)
Council considered implementation of a curbside oil collection program with the financial
assistance of the San Luis Obispo County Integrated Waste Management Authority.
Moved by Williams/Smith to direct San Luis Garbage Company to implement program with
assistance from the County Integrated Waste Management Authority; motion carried (4 -0-1, DR
absent).
C4. LEAGUE CONFERENCE VOTING DELEGATE (File No. 362)
Council considered designating the Mayor as the voting delegate to the League of California Cities
Annual Conference, and Vice Mayor Roalman as alternate.
Moved by Williams/Smith to designate Mayor Settle voting delegate and Vice Mayor Roalman as
alternate; motion carried (4 -0-1, DR absent).
C5. VISITORS & CONFERENCE BUREAU CONTRACT (File No. 1054)
Council considered the Promotional Coordinating Committee's proposed changes to the work scope
of the 1997 -99 Visitors and Conference Bureau (VCB) contract.
Moved by Williams /Smith to approve changes to VCB work scope; motion carried (4-0-1, Romero
absent).
C6. REVENUES & EXPENDITURES STATEMENT (File No. 262)
Council considered the annual statements of revenues and expenditures from development impact
fees for 1996 -97 (water, wastewater, and transportation).
1 Moved by Williams /Smith to receive statement; motion carried (4 -0-1, Romero absent).
C7. OLD CARNEGIE LIBRARY DESIGN SERVICES (File No. 96 -25A)
Council considered a Request for Proposals (RFP) for "Design services: Old Carnegie Library
Rehabilitation," Spec. No. 96 -25A; estimated design fees $70,000.
City Council Meeting Page 3
Tuesday, August 19,1997- 7:00 p.m.
Moved by Williams /Smith to approve RFP and authorize the City Administrative Officer to award an
agreement if the negotiated cost is within the engineer's estimate; motion carried (4 -0-1, Romero
absent).
C8. RAILROAD BICYCLE PATH PROJECT (File No. 90 -98)
Council considered plans and specifications for "Railroad Bicycle Path - Phase I," Specification
No. 90 -98; engineer's estimate $342,795 including contingencies.
Moved by Williams/Smith to 1) approve plans and specifications; 2) approve transfer of $70,000
from the project account for Minor Bicycle Projects to the project account for Railroad Bike Path
Phase I; 3) authorize staff to advertise for bids; and, 4) authorize the City Administrative Officer to
award the contract if the accepted bid plus contingencies is within the available construction
budget; motion carried (4 -0-1, Romero absent).
C9. FINAL MAP APPROVAL - TRACT 2202 (File No. 410)
Council considered giving final map approval for Tract 2202 (Phase 2) located at 154 Suburban
Road; TK Development, subdivider.
Moved by Williams/Smith to adopt Resolution No. 8702 approving the final map for Tract 2202;
motion carried (4-0-1, Romero absent).
C70. ECONOMIC VITALITY CORP. SERVICES AGREEMENT (File No. 238)
Council considered a contract with the Economic Vitality Corporation (EVC) of San Luis Obispo
County in the amount of $6,200 for economic development services.
Moved by Williams/Smith to approve and authorize the Mayor to execute the contract; motion
carried (3 -1 -1, Roalman opposed, Romero absent).
COUNCIL LIAISON REPORTS
CLR1. Council Member Smith reported that the Student Housing Task Force met, and they are
looking at other communities' solutions to student housing problems. She noted that a
study has been authorized by Cal Poly, who is looking at developing more student housing
on campus. Council Member Smith also reported on a public meeting regarding
developing sports fields, stating that most of the people were from the Laguna Lake area,
who were concerned about locating the fields there.
CLR2. Council Member Williams reported on the BIA board meeting, stating that the Downtown
Center is being entered into the Main Street Awards program this year. She said that
concerns were expressed about the downtown sweeping schedule and graffiti on trash
containers. She reported that the quarterly breakfast, Taste of San Luis, summer concerts,
and the new office manager, Melissa Martin were also discussed.
PUBLIC HEARINGS
1. P.G. &E. ANNEXATION & PREZONING & PROPERTY TAX NEGOTIATIONS
(File No. 441)
Council held a public hearing to consider a request to: 1) annex and prezone 13.1 acres of property
(four lots) on the east side of South Higuera Street, south of Los Osos Valley Road and west of
Vachell Lane; and, 2) accept an agreement with the County of San Luis Obispo regarding the
property tax revenues and annual tax increment for said annexation; Pacific Gas & Electric
Company, applicant. (Annx/R 57 -97).
City Council Meeting Page 4
Tuesday, August 19,1997- 7:00 p.m.
Development Review Manager Whisenand presented the staff report. He noted that this is scheduled
to be heard by LAFCo this month.
Assistant CAO Hampian clarified issues surrounding the tax exchanges and financial benefit of the
annexation stating that there will be no receipt of property tax and that utility tax will be the primary
revenue.
Mayor Settle opened the public hearing.
Andrew Merriam. Cannon Associates, spoke representing the applicant PG &E and in support of
the annexation.
Mayor Settle closed the public hearing.
After discussion, moved by Williams/Smith to A) introduce Ordinance No. 1326 to print adopting
the Negative Declaration of Environmental Impact and prezoning the annexation area Service
Commercial (CS); B) adopt Resolution No. 8703 recommending that LAFCO approve the
annexation; C) approve and authorize the Mayor to execute a pre - annexation agreement with the
applicants providing for payment of fees consistent with the interim annexation policy; and, D)
adopt Resolution No. 8704 accepting the negotiated exchange of property tax revenues and
annual tax increment that is required as a prerequisite to any jurisdictional change, pursuant to
the revenue and Taxation Code Section 99; motion carried (3 -1 -1, Romero absent, Roalman
opposed).
Mayor Settle suggested that Council move to Business Item # 4 regarding the Mobilehome Rent
Stabilization Ordinance in order to accommodate the many speakers for this subject, and Council
concurred.
2. TK DEVELOPMENT MODIFICATIONS (File No. 410 )
Council held a public hearing to consider a request to modify a previously approve use permit
condition for Food 4 Less (A6 -96) located at 154 Suburban Road; TIMM & Kreutzkampf
Development, applicants.
Mayor Settle noted that the applicant has requested a continuance of the item until September 2,
1997 so it could be heard by the full Council.
After discussion, moved by Williams /Smith to continue the item to September 2,1997; motion
carried (3 -1 -1, Roalman opposed, Romero absent).
3. TRANSIT PLAN (File No. 549)
Council held a public hearing to consider the Short Range Transit Plan (SRTP) for SLO Transit.
Public Works Manager Al Cablay gave a brief overview of the SRTP.
Transportation Manager Watson presented details of the plan and the process used to develop it.
He presented alternatives which would be available under different funding scenarios.
Mayor Settle opened the public hearing.
' Mike Spangler. Transit Committee member, urged Council to adopt the plan, with exception of an
addition to language on page 23, paragraph 4.5, adding "non- enterprise funds" to the sentence.
Mayor Settle closed the public hearing.
City Council Meeting
Tuesday, August 19,1997- 7:00 p.m.
Page 5
Council Member Williams suggested adding "excluding enterprise funds" to paragraph 4.5 on
page 23. Council Member Smith and Mayor Settle agreed. Vice Mayor Roalman disagreed with
adding that language and asked Council to wait until the Downtown Access Study returns to
Council before making a determination and adopt the resolution as recommended.
After discussion, moved by Williams /Smith to adopt Resolution No. 8705 approving the 1997 -2003
SRTP with the addition to section 4.5 and 4.1 to include "excluding enterprise funds "; motion
carried (3 -1 -1, Roalman opposed, Romero absent).
4. APPEAL - FENCE HEIGHT EXCEPTION (File No. 407)
Council held a public hearing to consider an appeal by Judith Brainard of a Planning Commission
action denying a fence height exception to allow a 6-foot high wood fence to remain in the street
yard, where a 4 -foot high fence would be allowed, for a boarding house located at the southwest
corner of Santa Barbara and Leff Streets (1703 Santa Barbara St.)
Community Development Director Jonas presented the staff report, recommending denial of the
appeal. He outlined reasons that the hearing officer and Planning Commission denied the
application.
Mayor Settle opened the public hearing
Jenifer Brainard, representing the appellant, Balboa St., stated that the fence was built for privacy
because a neighbor removed a large tree that used to provide that privacy.
Dan Kallall, Resident Manager, stated that moving the fence back to the prescribed setback will
expose the entrance to the building and is a safety issue. He noted that moving the fence will not
allow any better view when pulling out of the driveway, and he can find no provisions that dictate
the style of the fence.
Deanna Constable, Santa Barbara St., stated that this is a privacy issue and the fence eliminates
the problems previously mentioned.
Astrid Gallagher, stated that the trees were cut on an order by the City. She said there is a
problem with transients along that street. She said the problem could be taken care of with a
lower fence and by putting locks on the outside doors to the apartment building.
Mayor Settle closed the public hearing.
After discussion, moved by Smith/Williams to adopt Resolution No. 8706 denying the appeal and
upholding the Planning Commission's action; motion carried (3 -1 -1, Roalman opposed, Romero
absent).
Vice Mayor Roalman asked to direct staff to find out who cut the tree and Council concurred.
COMM1. Council Member Williams reported on visiting Girl Scouts from Japan, who had
presented gifts to the City. She said the gifts will be placed in the display case outside the
Council Chamber.
COMM2. Mayor Settle noted that two impressive new pictures of the Performing Arts Center
have been hung in City Hall —in the hallway and in the Council Chamber.
BUSINESS ITEMS
City Council Meeting Page 6
Tuesday, August 19,1997- 7:00 p.m. °
S. MOBILEHOME RENT STABILIZATION (File No. 428)
Council considered requests for amendments to the San Luis Obispo Mobilehome Rent
Stabilization ordinance.
City Attorney Jorgensen presented the staff report, clarifying that this meeting is to take public
comment and for Council to give direction to staff, but that there was no action scheduled to be
taken tonight.
Mayor Settle opened the meeting for public comment.
Leola Rhubottom, 3060 South Higuera, stated that rents are excessive and the ordinance is
complicated. She asked for four specific changes to the ordinance.
Barry Kaufman. SLO, asked Council to amend the ordinance as requested.
Lois Reinhart, 1713 Thelma Drive, stated that her main concern is with the 10% rental increase
upon the sale of the home.
Betty Hensen. SLO, stated that the10% rent increase inflicts a penalty on mobile home owners and
buyers and that there is no control mechanism to ensure park owners don't charge more than the
10 %. She asked that section 90 be deleted and section 70 retained.
Bill Hensen, SLO, spoke regarding the 10% rent increase at the sale of the home, stating that no
provisions are made to monitor the park's actions.
' Catherine McClure, Mission Trailer Park, stated that the automatic 10% increase is too high. She
submitted a letter to Council.
Craiq Stephens. Mission Trailer Park Association President, stated that there are increases in
excess of 10% upon the sale of the property. He asked Council to authorize an investigation into
the operations of the Mission Trailer Park. He outlined various aspects of the California Mobile
Home Residency Stabilization Act.
Pat Flemming. Creekside Mobile Home Park, noted that the 10% increase was negotiated to help
the owners avoid having to increase rents on current tenants. He said that there has been an
increase in sales and prices of mobile homes this past year.
Mike Surrello, Willow Creek Property Manager, stated that he is opposed to the amendments,
stating that the present ordinance works well. He said that this year has been a banner year in
mobile home sales.
Ed Evans, Creekside Mobile Home Park owner, stated that the ordinance was a compromise. He
said that his park offers a lease to the tenants in the spirit of compromise, and there was a
commitment. He said the rent is 30 %-40% below market.
Charlotte Ronguille. SLO, stated that there is no reason to discuss changes because the
ordinance was passed with a vote of the people.
Paul Dylewsky, Creekside Park Manager, stated that removal of the 10% increase provision
removes the protection for all parties. He stated that the rent control ordinance does not provide
increased affordable housing and may not meet its intended purpose.
David Evans. Western Mobile Home. Park Owners Assn., stated that measure D was a compromise
and was decided by a vote of the people. He stated that most people in the parks are satisfied
with the ordinance; that other cities in the County have a 10% restriction because less does not
work. He advised Council to return to the original measure D provisions.
City Council Meeting Page 7
Tuesday, August 19,1997- 7:00 p.m.
Bob Soloman, Laguna Lake Estates General Manager, clarified that the difference in space rents is
mostly due to the difference in the size and location of the space.
Desiree Lefto, Creekside Moble Home Park, stated that she had no problem paying the increase in
the rent when they first moved in to their mobile home.
Ray Neimish, Creekside Mobile Home Park, stated that he is in favor of the proposed changes. He
said that his rent has increased from $195 to $292 in ten years. He said that home owners are not
getting fair market value for their homes.
Lucille Rebas, owner of two mobile homes in SLO, stated that it is not easy to sell a mobile home,
and that park owners frequently ask for more than a 10% increase upon the sale of a home. She
said there should be controls by the City.
Lois Reinhart stated that park owners fought for Measure D because it was to their advantage over
Measure E.
A gentleman who identified himself as an associate manager for a mobile home park region
claimed that many statements were made in error this evening.
Douglas Fogey, Mission Trailer Park, stated that the homeowners at the park where he lives invest
in the park by cleaning it and keeping it up.
William Wilson, Matthews Park owner, stated that he relies on the 10% increase allowed by the
ordinance in order to make capital improvements to the park.
Delores VanHorn, Morro Bay Mobile Home owner, noted that when her utilities increased sharply,
she had no recourse.
Michael Boyser, Mission Trailer Park, asked Council to investigate the foreclosure of the park.
Mayor Settle returned discussion to the Council.
City Attorney Jorgensen recommended the deletion of 5.44.030F, as it is no longer relevant to the
ordinance due to prior amendments. He advised Council that the deletion of the formula for
determining fair return would render the ordinance unconstitutional.
Moved by Roalman /Smith to direct staff to bring back a draft ordinance to eliminate the 10% rental
increase on sale and modify section 544.030 to remove provision (F) (3 -1 -1, Williams opposed,
Romero absent).
ADJOURNMENT
There being no further business to come before the City Council, Mayor Settle adjourned the meeting
at 10:30 p.m. to Tuesday, September 2, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street,
San Luis Obispo.
APPROVED BY COUNCIL: 9116197
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