HomeMy WebLinkAbout06/19/1990276
City Council Minutes Page 2
Tuesday, June 19, 1990 - 71C0 p.m.
Tuesday, May 15, 1990 a: 7:00 p.m.; and
Tuesday, May 22, 1990 at 7:00 p.m.
C -2 TROLLEY DEMONSTRATION PROJECT (File No. 540)
Council considered setting the hours of operation, routes, marketing and fares
for the downtown trolley demonstration project, and authorizing the Mayor to
execute an amendment to the existing contract with Laidlaw to provide trolley
service.
Moved by Raona /Pinard (4 -1, Mayor Dunin voting no) the Old SLO Trolley
Demonstration Program was approved and the Mayor authorized to sign the
amendment as recommended by staff (Agreement #A67- 90 -CC). Motion carried.
C -3 TRANSIT PLAN (File No. 549)
Council considered a Request for Proposals for the completion of a Short Range
Transit Plan requiring a $4,000 City contribution in addition to $8,000 in
Federal Grant Funds.
RFP for Short Range Transit Plan (A68- 90 -CCN) approved (5 -0) as recommended.
C -4 COASTAL MANAGEMENT ACT (File No. 867)
Council considered a request by the City of Morro Bay to support re-
authorization of the coastal Management Act (H.R. 4030) and Amendment
(H.R. 4030) to the Act.
Moved by Roalman /Pinard (5 -0) Resolution -No. 6827 adopted supporting re-
authorization of the Coastal Management Act and Amendment to the Act as
recommended.
C -5 LANDSCAPE DEFERRAL (File No. 517)
Council considered deferring landscape planting during mandatory water
conservation (continued from 6/6/90).
Upon general consensus this item was continued without disucssion to date
uncertain (tentatively scheduled for 7/3/90 at 7:00 p.m.).
C -6 UTILITY VEHICLES (SPCN PMV 90 -007)
Council considered specifications for four dump trucks, one asphalt patch
truck, one 2,000 gallon water truck, two utility service body trucks with dump
bed; total of eight vehicles estimated to cost $471,580 (continued from
6/6/90).
Moved by Dunin / Roalman (4 -1, Councilman Reiss voting no) to approve
specifications for eight utility vehicles (SPCH PWV 90- 007)(A69- 90 -CC), staff
directed to advertise for bids and CAO authorized to award contract to lowest
responsible bidder as recommended. Motion carried.
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City Council Minutes Page 3
Tuesday, June 19, 1990 - 7:00 p.m.
C -7 DOWNTOWN STREET LIGHTING PROJECT (CP NO. N -09B)
Council considered approving plans and specifications for Downtown Street
Lighting Replacement Project (City Plan No. N -098), estimated cost $102,000
excluding contingencies (continued from 3/6/90, 5/1/90 and 5/15/90).
Upon general consensus this item was continued without discussion to date
uncertain (tentatively scheduled for 7/3/90 at 7:00 p.m.).
C -8 SATELLITE MAPPING
Council considered awarding a contract for a Horizontal Control Network
throughout the City in the amount of $45,000 (continued from 5/15/90).
Upon general consensus this item was continued without discussion to date
uncertain (tentatively scheduled for 7/3/90 at 7:00 p.m.).
C -9 HOMELESS SHELTER PROGRAM (File No. 1046)
Council considered a request by the Economic Opportunity Commission to the
City for $120,000 to operate a Homeless Shelter program for FY 1990 -91.
Upon general consensus this item was continued without discussion to date
certain, Tuesday, July 3, 1990 at 4:00 p.m.
ADVISORY BODY APPOINTMENT
A -1 HUMAN RELATIONS COMMISSION
Interview process incomplete. Appointment to the Human Relations Commission
to fill an unexpired term ending March 31, 1994, continued without discussion
to the next available meeting.
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COUNCIL LIAISON REPORTS
None received.
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PUBLIC HEARINGS
1. SMOKING ORDINANCE (File No. 703)
Council held a public hearing to consider proposed amendments to the Smoking
Ordinance prohibiting smoking'in libraries, clinics, offices, retail
establishments, restaurants and bars (continued from 5/1/90).
Jeff Jorgensen, City Attorney, reviewed the agenda report with the
recommendation that Council introduce an ordinance to print amending Chapter
8.16 of the San Luis Obispo Municipal Code prohibiting smoking as outlined in
the staff report.
Mayor Dunin declared the public hearing open.
278
City Council Minutes Page 4
Tuesday, June 19, 1990 - 7:00 P.M.
Steve Shockley, representing the Elks Lodge, felt the proposed ordinance would
have a negative impact on their bingo operations and urge Council to allow
•game' rooms to be unaffected by the smoking regulations.
Marnie Owen urged against the proposed amendment, stated she would not
patronize places that would not allow smoking.
David Ivans, representing the American Heart Association, spoke in support of
the proposed ordinance.
Richie Ray Walker, 28 La Entrada, opposed the smoking ordinance.
Betty Schetzer, 222 Almond, supported the proposed ordinance, felt that it was
extremely expensive not to take this type of action, citing 30,000 deaths and
$7,000,000 in health care.
Bob Grayson, 2248 Johnson Avenue, supported the no smoking ordinance.
Bob Thomas, Cayucos, supported the proposed amendment.
David Lawrence, a pathologist, urged the Council to adopt the ordinance,
citing this as a health issue, and felt it was a City responsibility to
resolve.
Fred Lenn, 274 Higuera Street, urged that Council adopt the 60/40 ban, and not
be as stringent as is currently being proposed.
Dorothy Loytz spoke in support of a 60/40 ban.
Jane Frever, spoke in support of the proposed amendment.
Ron Garcia supported the ordinance.
Tracy Ross, a nonsmoker, felt this should be a pro- choice decision by
business, and not regulated.
Mr. spoke in support of the proposed ordinance.
Judy Wittmever spoke in support of the proposed amendment.
Sally Ross urged against the nonsmoking ban, she felt it was an infringement
of the *rights' of the people.
Dodie Williams, 438 Woodbridge, speaking on behalf of the Business Improvement
Association, opposed the proposed ordinance but felt that if it was adopted,
it should be phased in and allow staff to analyze the economic impacts.
Carol Meesan, nurse, spoke in support of the proposed ordinance.
Dr. Steve Hanson supported the proposed ordinance. I
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City Council Minutes Page 5
Tuesday, June 19, 1990 - 7:00 p.m.
Al Ealash, PhD, supported the proposed amendment.
Al Rizzo, part owner of Cafe Roma, spoke against the proposed ordinance, felt
the enforcement would be too difficult.
Celeste Brooks, 863 Foothill, spoke in support of a nonsmoking ordinance.
Larry Shupnick, 1859 Monterey, owner of Coyote Grill, urged against the ban,
felt it was too restrictive for bars and restaurants, and to at least allow
exemptions for bars and restaurants.
Jim Hoffman spoke in support of the ban.
Lori Dunn, Squire Canyon, spoke in opposition to the ban.
Carolyn Hermitz supported the ordinance.
Pam Posar, 2220 Exposition, spoke in support of the ordinance.
Debbie Molran supported the proposed ordinance.
Vicki Fisher spoke in support of the ordinance.
Dennis Barney, California Restaurant Association, spoke in opposition to the
nonsmoking ban. He urged some type of compromise and to allow an appeals
process.
Katie Wheeler, 764 Murray, spoke in support of the proposed ban.
Mayor Dunin declared the public hearing closed.
Mayor Dunin vroposed exemptions to the proposed amendment allowing detached
rooms for smokers only, including bars and gaming rooms.
After discussion moved by Roalman /Reiss (4 -1, Mayor Dunin voting no) Ordinance
No. 1172 was introduced to print amending Chapter 8.16 in the Municipal Code
Book, prohibiting smoking in certain public places as recommended in the staff
report.
After additional discussion moved by Pinard /Reiss that staff be directed to
write a letter to all other cities in the County urging them to adopt a
similar ordinance.
8:30 p.m., Mayor Dunin declared a recess; 8:45 p.m., City Council reconvened,
all Councilmembers present.
2. WATER ELEMENT AND REGULATIONS AMENDMENTS (File No. 517)
'
Council held a public hearing to consider a Planning Commission recommendation
to amend the General Plan Water and Wastewater Management Element and Water
Allocation Regulations to require all new water sources to be used for
City Council Minutes Page 6
Tuesday, June 19, 1990 - 7:00 p.m.
regaining a balance between normal use and safe yield and to limit water
allocations to 1% growth.
Upon general consensus this was continued without discussion to date
uncertain.
3. HUNAN RELATIONS COMMISSION 1990 -91 GRANTS -IN -AID (File No. 1045)
Council held a public hearing to consider recommendations by the Human
Relations Commission for Grants -In -Aid funding for FY 1990 -91 (continued from
5/15/90).
Alison Lloyd, Administrative Analyst, reviewed the agenda report with the
recommendation that Council consider the recommendations from the Human
Relations Commission for Grants -In -Aid funding, and adopt a resolution
authorizing staff and the City Adminsitrative Officer to develop and execute
agreements with each HRC Grants -In -Aid recipient in the total amount of
$70,000 for PY 1990 -91. She stated that the chair of the Human Relations
Commission would make a presentation urging their second recommendation for
$81,000.
Grassroots (ineligible)
HRC
HRC
90/91
90/91
Second
Request
Recom.
Recom.
Casa Solana
$10,000
$ 3,555
$ 4,000
'
SLO Literacy Council
7,000
1,778
2,500
SLO Child Dev. Center
13,606
7,112
8,000
Women's Shelter Program
11,500
7,112
8,000
Alano Club
3,276
-0-
American Red Cross
7,500
2,667
3,500
4 -H Youth Program
5,310
1,422
1,600
Hotline
6,500
2,667
3,000
Poly Pals Program
1,900
577
650
EOC Sr. Health Program
4,305
2,667
3,000
EOC Family Planning
7,500
3,110
3,500
Caring Callers
750
1,333
1,500
RSVP
2,000
Alpha
3,000
889
1,500
Easter Seal Society
1,500
689
1,000
Mental Health Association
6,000
3,555
4,000
United Methodist Child Center
8,513
-0-
Rape Crisis Center of SLO
10,432
4,445
5,500
Chir Jespersen Society
9,789
1,778
2,000
Ad Care Assn., Inc.
7,176
1,778
2,000
Am. Legion Templeton 220
2,000
-0-
Salvation Army
25,000
12,000
13,500
Family Services Center
6,000
3,555
4,000
Long Term Care Ombudsman
5,000
1,333
1,750
Hospice
14,000
4,445
5,000
,
Children's Home Society
3,000
1,333
1,500
Grassroots (ineligible)
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City Council Minutes Page 7
1 Tuesday, June 19, 1990 - 7:00 p.m.
HRC HRC HRC
90 -91 90 -91 Second
Agency Request Recom. Recom.
Cal Poly Executive Club 4,000
(meant to apply for PCC Gift Funding)
TOTAL $186,557 $70,000 $81,000
Mayor Dunin declared the public hearing open.
Marion wolf, HRC Chair, urged the Council to support the second recommendation
by the HRC for the $81,000.
Richie Ray Walker, 28 La Entrada, urged support of the Alano Club.
Mr. Pierce, Salvation Army, also urged support of the second recommendation of
HRC.
Sharon Winslow, Hotline, supported their request, urging Council to go with
the second recommendation.
Jeannie Nix, American Red Cross, urged support.
® Liz Clark, with Alpha, spoke in support of their request.
Mayor Dunin declared the public hearing closed.
Councilwoman Raona urged that the Economic Opportunity Commission be placed as
a part of the Grants -In -Aid program in the future. It would allow for the HRC
to better review the full range of social service requests.
Councilman Roalman stated he could support the $81,000.
Councilman Reiss agreed.
Councilwoman Pinard felt there should be better equity with the various social
services programs. The financial support it received from the Council this
year was having a negative impact on the other grants.
Mayor Dunin could also support the $81,000.
After discussion moved by Dunin /Reiss (4 -1, Councilwoman Pinard voting no) to
adopt Resolution No. 6828 (Agreement A70 -90 -CC through A91- 90 -CC) to support
the Human Relations Commission Grants -In -Aid funding recommendations in the
amount of $81,000 for FY 1990 -91. Motion carried.
Moved by Mayor Dunin to support $5,000 for the Red Cross. Motion failed for
1 the lack of a second.
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City Council Minutes Page 8
Tuesday, June 19, 1990 - 7:00 p.m.
Moved by Mayor Dunin to support full funding for Hotline. Notion failed for
lack of a second.
Upon general consensus Council agreed that the Alano Club Parking Agreement to
come back in November.
4. MOBILE HOME FAIR MARKET RENT (File No. 428)
Mayor Dunin stepped down to a possible conflict of interest; Mayor Pro-tem
Jerry Reiss presiding.
Councilwoman Pinard left the dais.
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.
Jeff Jorgensen, City Attorney, reviewed the agenda report with the
recommendation that Council introduce the ordinance to print amending the
Municpal Code to provide for the establishment of fair market rent whenever
there is a change of ownership affecting a mobile home subject to Mobile Home
Rent Stabilization as recommended.
Mayor Pro-tem Reiss declared the public hearing open.
No one spoke for or against the proposed amendment.
Mayor Pro -tem Reiss declared the public hearing closed.
Moved by Roalman /Rappa (3 -0 -2, Councilmember Pinard and Dunin absent)
Ordinance No. 1173 was introduced to print as recommended by staff.
Councilmembers Pinard and Dunin returned to the dais.
5. APPEAL - ARCHITECTURAL REVIEW COMMISSION-- SANDERCOCR STREET
(File No. 407)
Council held a public hearing to consider an appeal by Rod Carter of an
Architectural Review Commission action approving the demolition of four
buildings, renovation of three remaining buildings, and the addition of seven
apartments to the rear of three lots at 236, 238 and 240 Sandercock Street.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution denying the appeal and
upholding the Architectural Review Commission's action to: 1) find the four
buildings at the rear of the lots to be of no significant aesthetic, cultural
or historical value and approve their demolition, and 2) grant final approval
to ARC 90 -12, with findings and conditions as recommended in.the staff report.
Mayor Dunin declared the public hearing open.
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City Council Minutes Page 9
Tuesday, June 19, 1990 - 7:00 p.m.
Rod Carter, appellant, urged against the project, as he felt that it changed
the character of the neighborhood, was a safety issue and a loss of privacy.
Steve Fitzpatrick, 233 Sandercock, also spoke in opposition to the project,
citing safety issues.
Garth Kornreich, representing the owners of the property, spoke in support of
the project.
Cathy Lewis, 2026 Beebee, felt the project was overbuilt for this area and
urged against it.
David Lewis, 2026 Beebee, opposed the proposed development.
Leslie VanDeWalle, part owner of the project, supported the project.
Debbie Vial, Atascadero, spoke in support.
John Vial, part owner, spoke in support.
Kurt VanDeWalle, part owner, spoke in support of the project.
Mayor Dunin declared the public hearing closed.
' After brief discussion moved by Rappa /Dunin (3 -2, Councilmembers Pinard and
Roalman voting no) Resolution-No. 6829 adopted denying the appeal and
upholding the ARC action as recommended. Motion carried.
6. SPECIFIC PLAN AMENDMENT (File No. 462)
Council held a public hearing to consider Planning Commission's recommendation
to amend the Higuera Commerce Park Specific Plan to allow smaller parcel sizes
and expand uses allowed in the southern 30 acres; R. Howard Strasbaugh,
applicant.
Moved by Raopa /Roalman (5 -0) this item was continued to date certain Tuesday,
July 10, 1990 at the request of staff.
7. TENTATIVE MAP - TRACT 1766 (File No. 410)
Council held a public hearing to consider Planning Commission's recommendation
to deny a tentative map creating a 9 -lot industrial subdivision of 21 acres at
120 Tank Farm Road, N -SP zone; R. Howard Strasbaugh, subdivider.
Moved by Rappa /Roalman this.item was continued to date certain; Tuesday,
July 3, 1990 at the request of staff without discussion.
City Council Minutes Page 10
Tuesday, June 19, 1990 - 7:00 p.m.
BUSINESS ITEMS
8. COURT STREET PREDEVELOPMENT AGREEMENT (File No. 435)
Council considered a predevelopment agreement for the Court Street Project.
Jeff Jorgensen, City Attorney, stated that a writ from the Court of Appeals
was received this afternoon denying request by the appellants of the project,
which had asked to have this item continued.
Bill Statler, Director of Finance, reviewed the agenda report with the
recommendation that Council adopt a resolution to approve the predevelopment
agreement for the Court Street Project as recommended in the staff report.
After brief discussion moved by Ranna /Dunin (5 -0) Resolution No. 6830 adopted
approving the predevelopment agreement for the Court Street Project as
recommended.
9. PROMOTIONAL CONTRACTS (File No. 1051)
Council considered recommendations from the Promotional Coordinating Committee
for the City's 1990 -91 Promotional Program.
Debi Hossli, Administrative Analyst, reviewed the agenda report with the
recommendation that Council, by motion, appropriate funding levels for the
1990 -91 Promotional Program, authorize the City Administrative Officer to
execute contracts with the Chamber of Commerce, the San Luis Obispo County
Visitor's and Conference Bureau and S. J. Francis & Associates for promotional
and advertising services as recommended.
Jack Gates, Promotional Coordinating Committee chairman, reviewed the
recommendations urging support.
Dave Garth, San Luis Obispo Chamber of Commerce, spoke in support of their
request citing the earthquake and drought as being too strong detriments that
had been experienced by the tourism industry in this area.
Johnny Evlar, spoke in support of their request for $46,000.
Moved by Roalman to support the PCC recommendations, and alloting 50% of the
additional $18,000 expected to be received in TOT Monies. Motion failed for
lack of a second.
After discussion, moved by Dunin /Reiss (5 -0) to appropriate funding levels for
the 1990 -91 Promotional Program and authorize the City Administrative Officer
to execute contracts with the Chamber of Commerce and the San Luis Obispo
County Visitor's and Conference Bureau for promotional and advertising
services with an augmentation of $17,180 for a total of $203,870. Motion
carried.
1
1
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City Council Minutes Page 11
1 Tuesday, June 19, 1990 - 7:00 p.m.
Councilwoman Pinard, stated she could not support the S.J. Francis contract as
proposed. She wanted to see a better cost accounting of the promotional
programs and felt that a better program of advertising San Luis Obispo
activities should be included.
After discussion moved by Dunin /Reiss (2 -3, Councilmembers Roalman, Pinard,
and Rappa voting no) to approve the recommendation by the PCC for the S.J.
Francis contract and support its funding with the additional augmentation as
recommended. Motion failed.
Moved by Rappa /Dunin (5 -0) to refer the S.J. Francis contract to the PCC for
additional review of contract and its requirements. Motion carried
unanimously.
10. PARKING STRUCTURE TENANT IMPROVEMENTS (CP M -41D)
Council considered Change Order X10 for tenant improvements to the Marsh
Street Public Parking Structure, City Plan No. M -41D.
Wayne Peterson, City Engineer, reviewed the agenda report with the
recommendation that Council approve the contract change order for tenant
improvements in the amount of $386,697.08, and authorized the transfer of
$257,000 from Capital Control Account to the Construction Account.
After brief discussion, moved by Ranoa /Reiss (5 -0) to approve the staff
recommendation. Motion carried unanimously.
11:30 p.m., Mayor Dunin adjourned the meeting to closed session to discuss
real property negotiations regarding Bishop's Peak.
11:55 p.m., there being no further business to come a re the City Council,
/ Mayor Dunin adjourned the meeting.
` APPROVED BY COUNCIL: 8/21/90 ( ), ^
PV:nlo Pam ogee, City erk
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 3, 1990 - 4:00 P.M.
COUNCIL CHAMBER - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Vice -Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None