HomeMy WebLinkAbout05/01/1990204
City Council Minutes
Tuesday, May 1, 1990 - 7:00 p.m.
PUBLIC COMMENT
Page 2
P.C.I. Richie Ray Walker, and Tim Farrell made comments regarding the
Poly Royal incident, urging that the City continue to work with Cal Poly for
improved relations.
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CONSENT CALENDAR
Moved by RaDDa /Dunin (5 -0) the Consent Calendar was unanimously approved as
recommended by the City Administrative Officer with the exceptions of C -5,
C -9 and C -10.
C -1 COUNCIL MINUTES
The following minutes were approved as amended:
March 20, 1990 at 7:00 p.m.
C -2 CONTRACT PAY ESTIMATES
Council considered approving contract pay estimates and change orders paid as
recommended.
Contract pay estimates and change orders approved (5 -0) and ordered paid as
recommended.
C -3 CLAIMS SETTLEMENT AUTHORITY (File No. 189)
Council considered increasing the City Administrative Officer's settlement
authority for liability claims from $5,000 to $10,000.
Resolution No. 6800 adopted (5 -0) increasing the City Administrative Officer's
settlement authority as recommended.
C -4 PENALTIES FOR INFRACTION VIOLATIONS (File No. 302)
Council considered an ordinance increasing the maximum penalties for first,
second and third infraction violations to provide penalties of $100, $250 and
$500, respectively.
Ordinance No. 1166 (5 -0) introduced to print increasing the maximum penalties
for infraction violations as recommended.
C -5 GOOD NEIGHBOR DAY (File No. 1162)
Council considered a request by the Associated Students, Inc. of Cal Poly for
a $200 donation to be allocated for advertising of Good Neighbor Day on
Saturday, Nay 5, 1990.
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City Council minutes Page 3
Tuesday, may 1, 1990 - 7¢00 p.m.
Moved by Roalman /Raova (4 -1, Councilwoman Pinard voting no), Resolution No.
6801 adopted supporting Good Neighbors Day and staff authorised to expend $200
as recommended.
C -6 BIA ADMINISTRATOR CONTRACT (File No. 471)
Council considered approving a contract of employment between the City and
Monte Lukov to perform the functions of BIA Administrator.
Resolution No. 6802 (5 -0) adopted approving the contract of employment between
the City of San Luis Obispo and BIA Administrator, Monte Lukov, for the period
of may 2, 1990 through May 2, 1991 as recommended.
C -7 HOUSEHOLD HAZARDOUS WASTE (File No. 706)
Council considered an agreement with the County of San Luis Obispo in the
amount of $49,500 for the purpose of collecting household hazardous wastes in
cooperation with the County and other cities on Hazardous Waste Day, June 2,
1990.
Staff authorized (5 -0) to execute an agreement (A34- 90 -CCN) with the County of
San Luis Obispo in the amount of $49,000 for hazardous waste collection as
recommended.
C -8 REGIONAL SOLID WASTE MANAGEMENT (File Mo. 524)
Council considered approving a Memorandum of Understanding regarding Regional
Solid Waste Management.
Moved by Ranoa /Dunia (5 -0) to approve 1) Memorandum of Understanding (A35 -90-
CCN) among various agencies within the County of San Luis Obispo to
collectively perform planning work required by the California Integrated Solid
Waste Management Act of 1989; 2) Mayor authorized to execute the Memorandum
of Understanding as recommended.
C -9 HOMELESS SHELTER (File No. 1046)
Council considered a request by the Economic Opportunity Commission (EOC) for
additional funding of $16,858 to operate the homeless shelter program for the
remainder of FY 1989 -90.
Councilwoman Pinard expressed concern that in the future this type of item
should be set as a business item for Council discussion as opposed to a
consent item.
Moved by Roalman /Dunin (4 -1, Councilwoman Picard voting no) - 1) Request by
the EOC for additional funding and agreement amended to appropriate $16,808
from the General Fund Balance to operate the homeless shelter program for the
1 remainder of FY 1989 -90 at a total cost of $116,808 as recommended; and 2)
Mayor authorised to sign letter to EOC Chairperson expressing City's concerns
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City Council Minutes Page 4
Tuesday, May 1, 1990 - 7:00 p.m. ,
and urging further efforts to contain costs and identify additional revenue
sources as recommended.
C -10 STREET CHIP SEAL PROJECT (City Plan No. P -10A; Agreement OA36- 90 -CC)
Council considered approving plans and specifications for the 1990 Street Chip
Seal Coat Project, City Plan No. P -10A, in the approximate amount of $170,000.
Moved by RaDDa /Roalman (4 -1, Councilwoman Pinard voting no) to approve plans
and sppcifications, staff authorized to advertise for bids, and CAO authorized
to award contract (A36- 90 -CC) if within engineer's estimate as recommended.
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COUNCIL LIAISON REPORTS
Reports were made by Vice -Mayor Reiss on City /Community Task Force; Councilman
Roalman on Performing. Arts Center; Councilwoman RaDDa on Solid Waste Task
Force; Prison Committee and Transit (for specific comments on these reports,
please see tape dated May 1, 1990, File No. 125)
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BUSINESS ITEMS
1. SMOKING ORDINANCE (File No. 703)
Council considered proposed amendments to the Smoking ordinance.
Jeff Jorgensen, City Attorney, briefly reviewed the agenda report With the
recommendation that Council receive the report regarding alternatives for
regulating smoking and provide staff with direction as to preferred amendments
to the smoking ordinance. The alternatives for regulating smoking would
include prohibitions in 1) restaurants (except in a separate room not to
exceed 508 of the seating capacity of the restaurant, 2) libraries, 3) health
care facilities (except in private rooms where all patients are smokers), 4)
theatre lobbies (smoking limited to a contiguous area not to exceed 508.),
5) retail establishments, and 6) public areas of offices.
Mayor Dunin asked for public comment.
Vice -Mayor Reiss stated that since the report had intially come out, he wanted
it to be clear that it is his proposal that there be a total ban on smoking.
Dennis Barney, representing Big Boy Restaurant, stated he was opposed to the
proposed smoking ban, felt the decision should be left up to the individual
property owner or restauaaur.
Brett Cross, 1217 Mariner's Cove, suggested putting this to a vote of the
public.
Richie Ray Walker stated he was opposed to a complete ban.
Jim Delmore, Sunset Pallisades, spoke in opposition to a total ban and urged
that Council leave the decision to individual business operators.
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City Council Minutes Page 5
Tuesday, May 1, 1990 - 7:00 p.m.
Tom Schwem spoke in support of the smoking ban.
Cecil Felfman, San Luis Obispo, spoke in support of a total ban.
Robert Holley, General Manager of McClintock's, spoke in opposition.
Tiffany Boli urged support of a total smoking ban to protect the working
people.
Tunny Ortalli, owner of McClintock's, stated he was opposed to a total ban,
felt it should be left up to the individual operator.
Joan Rogers, 242 Marlaine, supported a total ban on smoking.
Dave Garth, representing the Chamber of Commerce, urged in opposition to the
ordinance.
Dr. .Steve Hanson supported the ban.
Diane Royce supported the ban.
Fred Peterson, downtown business owner, spoke in opposition to the ordinance.
Roy Hanff, 569 Lawrence Drive, suggested that Council tighten up the current
ordinance, but not provide a total ban.
Racma Wright, Foothill Boulevard, supported a total ban.
Gary Fowler, 777 Mill Street, was opposed to a total ban.
Bob Davis, owner of Apple Farm, stated that his restaurant would effectuate a
total ban on smoking, even though it not required, but he did not feel there
was sufficient clients desiring smoking sections.
Mayor Dunin closed the public portion of the meeting.
Councilman Reiss again urged support of a total ban.
Council then spoke to the definition of what .a total ban would mean, and made
a variety of suggested amendments and clarity to the draft ordinance.
After discussion, moved by Reiss /Roalman (5 -0) that the City Attorney be
directed to bring back a draft ordinance incorporating Council directions
discussed this evening, specifically banning smoking in most enclosed public
places (tentatively scheduled Wednesday, June 6, 1990). Motion carried, all
ayes.
Mayor Dunin stated he would be opposed to the ordinance if it would limit
smoking in all public places, and urged some relaxed standards.
0119V
City Council Minutes Page 6
Tuesday, May 1, 1990 - 7:00 p.m.
8:55 p.m., Mayor Dunin declared a recess; 9:10 p.m., City Council reconvened,
all Councilmembers present.
2. MOBILE HOME RENT CONTROL (File No. 428)
Council held a public hearing to consider the control of rents upon the sale
of mobile homes located in parks subject to Mobile Home Rent Stabilization
Ordinance.
Jeff Jorgensen, City Attorney, reviewed the agenda report with the
recommendation that Council introduce to print an ordinance amending the
Municipal Code to provide for the decontrol of rents upon the sale of mobile
homes located in parks subject to the Mobile Rome Stabilization Ordinance.
Mayor Dunin stepped down due to a possible conflict of interest; Vice -Mayor
Reiss presiding.
Vice -Mayor Reiss opened the public hearing.
Charlene Hall spoke in opposition to the proposed ordinance.
Dennis Law, 1304 Pacific Street, spoke in support of the proposed amendment.
Vice -Mayor Reiss declared the public hearing closed.
After brief discussion, Councilman Roalman requested that this item be
continued to allow for additional review of another legal opinion on the
matter.
Moved by Roalman /RanDa (3 -1 -1, Councilman Reiss voting no, Mayor Dunin absent)
Item No. 2, entitled Mobile Some Rent Control continued to date certain
Tuesday, May 15, 1990, to allow additional review by Council.
3. APPEAL - PLANNING COMMISSION - APPLE FARM (File No. 407)
Council held a public hearing to consider appeals by Bonnie Garritano, et al,
and Robert Binkele (two separate appeals) of Planning Commission approval of a
use permit allowing a 208 mixed use parking reduction at 2015 and 2121
Monterey Street (Apple Farm); Bob Davis, applicant (continued from 4/17/90).,
Mayor Dunin stepped down to a possible conflict of interest; Vice -Mayor Reiss
presiding.
Arnold Jonas, Community Development Director, briefly reviewed the agenda
report noting that the appeal by Robert Binkele had been withdrawn, and
recommending that Council adopt a resolution (Draft No. 1) to deny the
remaining appeal and uphold the decision of the Planning Commission approving
a 20% mixed use parking reduction, subject to conditions as recommended in the
report. 0
Vice - Mayor Reiss declared the public hearing open.
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City Council Minutes Page 7
Tuesday, Nay 1, 1990 - 7:00 p.m.
Robert Binkele confirmed withdrawal of his appeal.
Bonnie Garritano spoke in support of her appeal raising several issues
concerning parking.
Bob Davis, applicant, spoke in support of his request.
Roy Banff urged that the parking problems be resolved first.
Ruth Bostram, San Luis Drive resident, was opposed to the request because of
the lack of parking.
Duane Young, San Luis Drive resident, also opposed to the request to allow
parking reduction.
Chase Hockey, San Luis Drive resident, spoke in opposition.
vice -Navor Reiss declared the public hearing closed.
Vice - Mayor Reiss stated he could support the proposed use, felt that there was
sufficient controls mandated by staff that would allow for review if
complaints were made.
Moved by Roalman /Rapva (2 -2 -1, Councilmembers Pinard and Reiss voting no,
Mayor Dunin abstaining) to uphold the appeal based on the findings on page
3 -15. Notion failed.
Moved by Rapva /Roalman (4 -0 -1, Mayor Dunin abstaining) to continue this item
to allow additional review by Council (tentatively scheduled for Wednesday,
June 6, 1990 meeting).
Councilwoman Pinard stated that she voted no because she felt that a City trip
reduction program as proposed by the owner of Apple Farm was an important
factor and should be supported by the City.
Mayor Dunin returned to the dais.
4. APPEAL - PLANNING COMMISSION - BUSMUMM STREET (File No. 407)
Council held a public hearing to consider an appeal by John and Jeannie
Spencer of a Planning Commission action to deny setback reductions for a
detached garage and storage building to be built behind an existing house at
2374 Bushnell Street; John and Jeannie Spencer, applicants (continued from
4/17/90).
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution to uphold the Planning
Commission decision to deny use permit application A 20 -90, a request for
reduced rear yard setback from 7 feet to 5.5 feet, and reduced sideyards from
8.5 feet to 5 feet (south property line) and from 8.5 feet to 7 feet (north
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City Council Minutes Page 8
Tuesday, May 1, 1990 - 7:00 p.m.
property line) for a garage to be located behind a house on the east side of
Bushnell Street south of Sishov Street.
Mayor Dunin declared the public hearing open.
Rick Spencer, the appellant, spoke in support of his appeal.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Roalman / Dunin (5 -0) to adopt Resolution No.
6804 to uphold the Planning Commission's decision and deny the appeal. Motion
carried.
S. TENTATIVE MAP - NORTH CHORRO (File No. 410)
Council held a public hearing to consider approving a tentative map for
Tract 1841 creating a 10 -unit residential air -space condominium conversion;
415 North Chorro Street, R -4 zone; Stephen Nelson, subdivider.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution approving the tentative
map for Tract 1841, converting 10 apartments to condominium units as
recommended in the staff report.
Mayor Dunin declared the public hearing open.
Anna Barbosa spoke in opposition.
Edna F spoke in opposition to the proposed tentative map.
Steven Franck, Engineer of Record, spoke on behalf of the applicant urging the
Council to allow the exception to condition number 7.
Steve Nelson, applicant, 1580 Lizzie Street, spoke in support of his project.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Rappa /Roalman (5 -0) to adopt Resolution No. 6804
approving the tentative map with amendments to delete a condition requiring
solar water heating, revised language relating to fencing, and additional
requirements to provide retrofitting, insulation and fire sprinkler system.
Motion carried unanimously.
6. TENTATIVE NAP - TANK FARM ROAD (File No. 410)
Council held a public hearing to consider approval of a vesting tentative map
for Tract 1750 creating a 251 -lot residential subdivision and an 88 -unit
residential air -space condominium within the Edna -Islay Specific Plan area;
1107 Tank Farm Road; Pacifica Corporation, subdivider.
Moved by Roalman /Reiss (5 -0) that this item be continued to date certain,
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City Council Minutes Page 9
Tuesday, May 1, 1990 - 7:00 p.m.
;9ednesdap, June 6, 1990 at the request of the applicant. Motion carried
unanimously.
7. TRANSPORTATION FUNDING (File No. 542)
Council considered a request by San Luis Obispo Area Coordinating Council to
endorse Proposition 111 (SCA 1), Proposition 106 and Proposition 116 regarding
increases for transportation funding purposes.
Ken Hampian, Assistant City Administrative Officer, briefly reviewed the
agenda report with the recommendation that Council adopt a resolution
endorsing the propositions to increase funding for transportation purposes and
adjust the methodology for computing the appropriation limit for State and
local government.
Moved by Dunin /Reiss (2 -3, Councilmembers Pinard, Rappa and Roalman voting no)
to adopt the resolutions approving Propositions 111, 108 and 116 as
recommended. Motion failed.
8. PUBLIC ART PROGRAM (File No. 477)
Council considered a. resolution approving a City -wide Public Art Program
(continued from 2/5/90).
Moved by Rappa/Pinard (5 -0) that this item be continued to date certain,
Tuesday, May 15, 1990, due to late receipt of the report.
9. BISHOP'S PEAK ACQUISITION (File No. 168)
Council considered the acquisition of 104.31 acres on Bishop's Peak from the
California State Parks Foundation for $95,000.
Moved by Rappa/Dunin (5 -0) this item continued. Notion carried unanimously.
10. DOWNTOWN STREET LIGHTING (File No. 477)
Council considered approval of plans and specifications for downtown street
lighting project (City Plan No. N -098) not to exceed $102,000 (continued from
3/6/90).
Moved by Roalman /Reiss (5 -0) to continue this item at the request of staff.
Motion carried unanimously.
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Comm. 1 - INTER- AGENCY SCHOOLS ADVISORY COMMITTEE
Upon general consensus, request by Councilwoman Raooa to direct staff to
1 prepare a report for an Inter - Agency Schools Advisory Committee or task force
was referred to staff for report.
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City Council Minutes Page 10
Tuesday, May 1, 1990 - 7:00 p.m.
There being no further business to come before the City Council, Mayor Lunia
adjourned the meeting at 11:35 p.m., to Thursday, May 3, 1990 at 3:00 p.m. in
Cambria, California. n
APPROVED BY COUNCIL: 6/6/90 UL_ v"l\I-)
PV:nlo V Voges, City Clerk
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M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 8, 1990 - 4:00 P.M. AND 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Council - embers
Present: Vice -Mayor Jerry Reiss, Councilmembers Peg Pinard, Bill
Roalman and Mayor Ron Dunin
Absent: Councilwoman Penny Rappa
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Pam Voges, City Clerk; Arnold Jonas, Community
Development Director; Ken Hampian, Assistant City
Administrative Officer, Ann McPike, Personnel Director; Bill
Hetland, Utilities Director; Allen Short, Water Division
Manager; John Moss, Wastewater Division Manager
There was no public comment received.
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BUSINESS ITEMS
Mayor Dunin adjourned the meeting to 4:00 p.m.
1. DESALINATION (File No. 517)
Council considered approval for solicitation of an RFP to determine the
viability of desalination as an alternative water supply.
Allen Short, Water Division Manager, reviewed the agenda report stating that
staff was asking Council to authorize solicitation of a Request for Proposals
for professional engineering services to evaluate desalination as an option
for augmentation of current water supplies. I