HomeMy WebLinkAbout06/06/1990, C-1 - MINUTES - N EETING AGIL ;A 407
DATE ITEM #
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 17, 1990 - 6:30 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
Draft Minutes
to be approved
ROTI' CALL at Council Meeting
Councilmembers O- to (0 -q
Present: Vice-Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None
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; Mike Dolder, Fire Chief; Jim
Gardiner, Police Chief; Bill Statler, Finance Director;
Jim Stockton, Recreation Director; Bill Hetland, Utilities
Director; Allen Short, Water Division Manager; .Dave Moran,
Associate Planner
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CLOSED SESSION
6:30 p.m., Mayor Dunin adjourned the City Council to Closed Session to review
possible litigation concerning Evans vs. City, and Property Acquisition of
Bishop's Peak and the Dana Adobe.
7:00 p.m., City Council convened in regular session, all Councilmembers
present, Mayor Ron Dunin presiding.
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PUBLIC CO1NT
P.C.I. Richie Ray Walker urged removal of speed bumps on North Broad
Street.
Upon general consensus, this was referred to staff for report.
P.C.2. Jim Ward asked that he be allowed to appeal the staff's
interpretation of how he could use his water allotment permit.
Upon general consensus, this was referred to staff for report.
CONSENT AGENDA
Moved by Reiss/Pinard (5-0) the Consent Agenda was uanimously approved as
recommended by the City Administrative Officer.
City Council Minutes page 2
Tuesday, April 17, 1990 - 7:00 p.m.
C-1 COUNCIL MINUTES
The following minutes were approved as amended:
Wednesday, February 21, 1990 at 7:00 p.m.; Monday, February 26, 1990 at
7:00 p.m.; Thursday, March 8, 1990 at 8:00 a.m.; and Monday, March 19,
1990 At 8:00 a.m.
C-2 SURPLUS PROPERTY (File No. 165)
Council considered declaring surplus property and authorizing its sale at
public auction or direct sale to other public agencies.
Resolution No.- 6793 adopted (5-0) declaring property surplus and allowing sale
at public auction, sale to other public agencies, or another method of
disposal as determined by the Director of Finance as recommended.
C-3 FIRE EQUIPMENT SURPLUS (File No. 165)
Council considered declaring Aerial Fire Truck-2 (1956 Seagraves) and related
equipment as surplus property and authorizing its sale.
Resolution No. 67.94 adopted (5-0) declaring property surplus and CAO
authorized to proceed with the sale of Aerial Truck-2 to Amigos/USA along with
related pieces of equipment as recommended.
C-4 FIRE ENGINE PURCHASE (F90-1; A27-90-CCN)
Council considered a) approving specifications for a 1500 GPM four-door,
custom cab forward, triple combination fire engine estimated to cost less than
$230,000, and b) establishing a purchase and replacement schedule for fire
engines with a projected operating life of 20 years.
Specifications approved (5-0) for a) fire engine, staff authorized to
advertise for bids and CAO authorized to award contract (A27-90-CCN); and b)
purchase and replacement schedule for fire engines approved as recommended.
C-5 EMS CONTRACT CANCELLATION (File No. 1151)
Council considered cancelling the Emergency Medical Services contract between
the City and County of San Luis Obispo to provide ambulance services to allow
for the development of a new contract.
Resolution No. 6795 adopted (5-0) cancelling the ENS contract with the County
effective May 5, 1990, as recommended.
C-6 LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (File No. 710)
Council considered amendaent to the 1987 Joint Powers Agreement between the \)
City of SLO and the City of Santa Barbara regarding the California Law City
C��-z
Council Minutes Page 3
Tuesday, April 17, 1990 - 7:00 p.m.
Enforcement Telecommunications System/Message Switching System
(C.L.E.T.S./M.S.S.) .
Resolution No. 6796 adopted (5-0) approving amendments and Mayor authorized to
execute the agreement as recommended.
C-7 SINSHEIMER PARK PRIORITIES (File No. 811)
Council considered priorities for use of facilities at Sinsheimer Park; San
Luis Obispo Baseball Stadium, SLO Swim Center, Sinsheimer Park Softball Field,
And Sinsheimer Park Tennis Courts to remain effective through March 1, 1991.
Moved by Reiss/Pinard (5-0) priorities approved (5-0) for use of facilities
and staff directed to forward to the SLCUSD Board of Trustees for concurrence
as recommended.
C-8 SALES TAB INCREASE SURVEY (File No. 293)
Council considered a request by the San Luis Obispo Area Coordinating Council
for $3,000 for an expanded public opinion survey of attitudes towards a sales
tax increase for transportation and open space.
Moved by Reiss/Pinard (5-0) CAO authorized to disburse $3,000 to the Area
Coordinating Council to augment the budget for survey of transportation, parks
and open space as recommended.
C-9 LA FIESTA FUNDING (File No. 833)
Council considered an agreement with La Fiesta to provide $25,000 in funding
to La Fiesta for the purpose of hiring an administrator to organize the 1990
celebration (continued from 1/16/90).
Moved by Reiss/Pinard (5-0) CAO authorized to execute an agreement with La
Fiesta (A09-90-CC) for $25,000 once non-profit status is obtained as
recommended.
C-10 1990-91 BUDGET PROCESS (File No. 123)
Council considered the budget calendar and review process for :Fiscal Year
1990-91.
Process and calendar approved (5-0) as recommended.
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AMISORY BODY APPOINTMENT
A=1 HUMAN RELATIONS COMMISSION (File No. 123)
Council considered an appointment to the Human Relations Commission to fill an
unexpired term ending 3/31/92 due to resignation of Eileen Wheeler Cavalier.
C'-�-3
City Council Minutes Page 4
Tuesday, April 17, 1990 - 7:00 p.m.
After brief discussion, moved by Pinard/Roalman (5-0) to appoint Carole Hansen
to the Human Relations Commission for an unexpired term ending 3/31/92 as
recommended. Motion carried unanimously.
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BUSINESS ITEM
1. MANDATORY WATER CONSERVATION PROGRAM & METHODOLOGY (File No. 517)
Council considered a report by staff on projected water action levels for the
remainder of the year and a revised water conservation program based on
percentage reductions (continued from 2/26/90, 3/6/90 and 3/20/90).
Allen Short, Water Division Manager, reviewed the agenda report with the
recommendation that Council receive the Reservoir Status and Proposed 1990
Water Conservation Program Reports and direct staff to make changes in the
Mandatory Water Conservation Program, which would include seven specific
areas:
1) Develop a 358 Mandatory Water Conservation Program for implementation by
June 1, 1990,
2) Reduce the residential life-line to 16 units, and the ceiling to 30
units water per billing cycle,
3) Eliminate the seasonal adjustment,
4) Establish an alternative residential allocation method based on the City
average of 16 units plus 2.0 units for each person over 3 in a household,
5) Increase commercial conservation to 208 overall, with a variation in
ranges for different categories,
6) Establish an alternative commercial allocation method based on unit.
water use amounts,
7) Review the 1990 Water Conservation Program and the Phase III Groundwater
Program and provide direction as necessary.
Bill Hetland, Utilities Director, reviewed the reservoir status, giving a
short slide presentation.
Mayor Dunin asked for public comment.
Amy Arsenio suggested better signage in the public restrooms, and urged that
residential users be given the same break as the business users.
Roger Volk urged Council to look at ways to bring in water from any possible
outside sources.
Jim Carlyle urged a credit be given those water users who provide a special
effort in conserving water.
Richie Ray Walker suggested a building moratorium.
Gary Kunkel, founder of the Water Action Committee, stated that he would like
to see the City identify other means of alternative water sources. He was
City Council Minutes Page 5
Tuesday, April 17, 1990 - 7:00 p.m.
concerned with the loss of landscaping, insufficient signage, and that rate
increases were likely to occur as a result of the Water Conservation Program.
Ron Lundt, owner of apartment houses on Woodside Drive, felt that there were
some inequities of the smaller businesses such as apartment buildings, and
urged.Council direct staff to look at ways to lessen this inequity.
Tim Blair, Mustang Village Manager, agreed that besides addressing the
inequities, that the City needed to look at ways of finding more water.
Brian Wool, Cabrillo Care Center, urged special consideration be given to care
centers.
Brett Cross, Mariner's Cove, felt there needed to be better management of the
City's resources, and not let water management go the way the air quality and
circulation has gone.
Mr. Schroeder, 1772 Canejo, suggested at looking at other solutions for
available water.
Dave Garth, Executive Director of SLO Chamber of Commerce, supported the
staff's recommendation and thanked the Council for considering some of the
recommendations made by the Chamber of Commerce.
( Ms. Tours, Manager of Madonna Apartments, also urged better equity with
apartment owners.
Nick Burger, also concerned with equality for apartment buildings.
Rov Hanff spoke in support of the Water' Conservation Program.
8:55 p.m., Mayor Dunin declared a recess; 9:10 p.m., City Council reconvened,
all Councilmembers present.
Councilman Reiss expressed concern that retrofit inspections should be given a
higher priority.
Councilwoman Rama stated she could support 1) 25 lifeline units as opposed
to 30 units; 2) that retrofitting credit be given to residential users as well
as commercial users; and 3) supported the toilet retrofit program. She would
like to see the City's ordinance enforced, and would support deferral. of
landscaping and retrofitting upon sale of house. The City should target the
student population for Water Conservation Education Programs and supported
alternatives outlined in the staff report.
Councilman. Reiss agreed with Councilmember Rappa's comments, including the
lower lifeline of 25 units.
Councilman Roalman asked for explanation of how the apartments' water
conservation was figured. He would like staff look at a possible sliding
scale and provide for a billing period with a 2-month overlap. Be could City
Council Minutes Page 6
Tuesday, April 17, 1990 - 7:00 p.m. r
support reducing the residential lifeline to 16 units, with a ceiling to 28
units per billing cycle.
Councilwoman Pinard stated she supported the per capita method and would not
support giving any savings allotment for new development. She also supported
the awareness program.
Mayor Dunin would be interested in a sliding scale_ , and allow a credit to
those who have proved their water saving efforts. He would encourage drilling
wells in backyards only.
After discussion, moved by Rappa/Reiss (5-0) to direct staff to a) develop a
Mandatory Water Conservation Program for implementation by June 11 1990,
reflecting a 35 water reduction for single families, and 28 percent for multi-
family users, b) reduce the water Conservation Program residential lifeline to
16 units and the ceiling to 25 units of water per billing cycle, and c)
eliminate the seasonal adjustment. Motion carried unanimously.
Moved by Ravoa/Reiss (4-1, Councilwoman Pinard voting no) to establish an
alternative residential allocation method based on the City average of 16
units plus 2.0 units for each person over 3 in the household. Motion carried.
Moved by Ranna/Roalman (5-0) to increase commercial conservation to 208
overall with a variation in ranges for different categories (to return to
Council for final approval and implementation by June 1, 1990) . Motion
carried.
Moved by Raooa/Reiss (5-0) that staff be directed to report back with a credit
retrofit program applicable to both residential and commercial users; a toilet
rebate program available to both residential and commercial users. Staff to
proceed with the pilot program using a select/a/flush. Council supported the
increased City awareness and educational materials on water conservation.
Motion carried.
Moved by Rapva/Reiss (5-0) to establish under the Mandatory Water Conservation
Program for commercial users, an allocation method for different categories.
Motion carried unanimously.
Moved by Roalman/Dunin (2-3, Councilmembers Pinard, Rappa and. Reiss voting no)
to direct staff to report back with a sliding scale for penalties; and provide
adjustments over a two month billing cycle and require all landscaping be
deferred with credit to those who save water. Motion• failed.
Moved by Dunin/Roalman (4-1, Councilman Reiss voting no) that staff be
directed to develop a credit for water savers. Motion carried.
Moved by Dunin/Roalman (5-0) that Council declare that mater supply is the
City's number one priority, superceding all other issues during the drought
period. Motion carried unanimously.
City Council Minutes Page 7
Tuesday, April 17, 1990 - 7:00 p.m.
Moved by Pinard/Roalman (1-4, Councilmembers Rappa, Reiss, Roalman and Mayor
Dunin voting no) to delete the portion of the retrofit program that allows
credit earned by retrofitting.
PUBLIC HEARINGS ----�-
2. APPEAL - ARCHITECTURAL REVIEW COMMISSION (File No. 407)
Council held a public hearing to consider an appeal by Marshall Ochylski of an
Architectural Review Commission action denying a request to delete •divided
light" windows from the second story of a new commercial building at
81 Higuera Street (Pacific Coast Center); .Interwest Investment Group,
applicant (continued from 3/20/90) .
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution which would, deny the appeal
and uphold the decision of the Architectural Review Commission approving store
front window systems for ground floor tenant spaces and requiring 'divided
light" windows to be installed on the second story of 81 Higuera Street.
Mayor Dunin declared the public hearing open.
Marshal Ochvlski spoke in support of his appeal.
Jeff Baavi, project architect, also spoke in support.
-Navor Dunin declared the public hearing closed.
Moved by Pinard/Raopa (3-2, Councilmembers Reiss and Roalman voting no) to
adopt Resolution No. 6797 approving an appeal of the Architectural Review
Commission's action thereby allowing a revision to the approved window design
for a new commercial building at 81 Higuera Steet (The Pacific Coast Center).
3. APPEAL - PLANNING COMMISSION - APPLE FARM (File ,No. 407)
Council held a public hearing to consider appeals by Bonnie Garritano, at al,
and Robert Binkele (two separate appeals) of Planning Commission approval of a
use permit allowing a twenty percent mixed use parking reduction at 2013 and
2121 Monterey Street (Apple Farm); Bob Davis, applicant.
Moved by Roalman/Reiss (5-0) that this item be continued to date certain,
Tuesday, May 1, 1990 at the request of the applicant and the appellants.
Notion carried.
4. APPEAL - PLANNING COMMISSION - BUSHNELL STREET (file No. 407)
Council held a public hearing to consider an appeal by the applicants of a
n 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.
City Council Minutes Page 8
Tuesday, April 17, 1990 - 7t00 p.m.
Moved by Roalmaa/Reiss (5-0) that this item be continued to date certain_,
Tuesday, May 1, 1990 at the request of the applicant.
5. APPEAL - PLANNING COMMISSION - VINEYARD CHRISTIAN FELLOWSHIP
(File No. 407)
Council held a public hearing to consider an appeal by the applicant of a
Planning Commission action to conditionally approve a request to allow a
church and accessory private elementary school, and to allow reduced parking
based on mixed use, and off-site parking; to be located in an existing service
commercial complex at 271-277 South Street; Christian Vineyard Fellowship,
applicant.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution in the Council packet to
deny the appeal and approve the use permit A-163-89 subject to findings and
conditions adopted by the Planning Commission, with modification to Condition
No. 2 to allow maximum weekday assembly of 172 persons based upon 43 parking
spaces and 4 occupants per vehicle.
Mayor Dunin declared the public hearing open.
Kenny Morgan, representing the applicant, spoke in support.
Vince Maloney, representing the church, also spoke in support.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Dunin/Reiss (3-2, Councilmembers Pinard and
Roalman voting no) Resolution No. 6798 to uphold the appeal and approve the
application subject to findings and conditions as adopted by the Planning
Commission, with modification to condition No. 2 to allow assembly of a
maximum of 172 persons on weekdays based upon 43 parking spaces being
available.
CONDOMINIUM CONVERSION (File No. 434)
Council held a public hearing to consider a request by Southwood Village
Homeowners Association to convert 9 condominium duplexes into 18 individual
condominium units at a residential complex located at 1330 Southwood Drive.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution in the Council's packet
to approve the condominium conversion CON-90-01 authorizing conversion of 9
condominium duplexes into 18 individual units as recommended by staff.
Mayor Dunin declared the public hearing open.
Rob Strom- spoke in support of the request on behalf of the applicant.
Roy Girsten, Pismo Beach, spoke in opposition to the conversion request. O
City Council Minutes page 9
Tuesday, April 17, 1990 - 7:00 p.m.
Rob Strong then responded to questions that were raised.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Rama/Roalman (5-0) Resolution No. 6799 was
adopted approving the condonimium coversion application with amendments to
Condition No. 1, regarding fire flow deficiency; Condition No. 3 res fenced
yards; and additional Condition No. 7 to require bathroom retrofit, to low-
flow standards.
7. TOURISM WATER AWARENESS PROGRAM (File No. 1055)
Council held a public hearing to consider a proposal from the Promotional
Coordinating Committee to jointly sponsor a tourism water awareness program
with the Chamber of Commerce at a cost of approximately $3,000.
After brief discussion, moved by Roalman/Dania (5-0) Council approved $3,000.
from the Utility Department Conservation Budget to sponsor a tourism water
awareness program as recommended.
8. MARGARITA SPECIFIC PLAN "GUIDANCE PACKAGE' (File No. 441)
Council held a public hearing to consider an outline of staff and consultant
tasks and a schedule for preparing a draft specific plan for the Margarita
expansion area, east of Margarita Avenue (SP 1404/GP/R 1403) (continued from
1/31/89 and 12/5/89) .
Moved by oalman/Reiss (5-0) to continue this item upon request by staff to
date certain May 15, 1990.
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COMMUNICATIONS
Comm. 1 Council agreed (5-0) to reschedule the Regular June 5, 1990
Council Meeting to Wednesday, June 6, 1990, due to the State Primary Election,
and as requested by Councilman Reiss.
There being no further business to come before the City Council, Mayor Dnnin
adjourned the meeting at 11:45 p.m., to Monday, April 23, 1990 at 8:30 a.m.
for Closed Session regarding appointed officials review process.
APPROVED BY COUNCIL:
PV:nlo Pam Voges,og City Clerk
MINUTES
JOINT MEETING OF THE CITY COUNCIL AND BOARD OF SUPERVISORS
MONDAY APRIL 30, 1990 - 5:00 P.M.
CITY/COUNTY LIBRARY
SAN LUIS OBISPO, CALIFORNIA Draft Minutes
ROLL CALL to be approved
at Council Meeting
City Council
Present: Vice-Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None
Board of
Supervisors
Present: Barry Ovitt, William Coy, Jim Johnson, David Blakely and
Chairperson Evelyn Delany
Absent: None
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1. INTRODUCTION
2. COUNTY SPACE NEEDS
a) Preliminary Statement: County's needs for more space in courthouse
area.
b) County proposal to build Social Services Building on South Siguera at
Prado Road.
Mr. Duane Leib, Director of General Services, addressed the space needs for
County Government - that the County pays $1.5 million in rent and leases over
99,006 square feet in the County; presented figures as to the increase of
County employees over the past few years; highlighted various options that the
County has - buying new land for additional building, building on county owned
land, and land available at the Government Center for expansion; addressed
costs to purchase versus leasing; and, the different types of schemes that
staff is reviewing; addressed the proposed Social Services building on
employees - the goal of the new building is to house all the employees at one
site; gave the history of all the options that the County looked at for the
new building site; reviews- for Riguera site went through the Board of
Supervisors, Airport Land Use Commission, Environmental Review, City Planning
Commission, and City Council; gave an overview of the Long Range Facility
Plan; purchase of an additional 2 parcels to bring the Niguera site up to 1.3
acres. Be then introduced the architects, Mr. Inko Chin, and
Mr. David Dickens, from IDH Architects, to highlight their proposal.
Mr. Dickens stated that the design is based on the feet, and the second phase
is 42,000 square feet; commented about future additions and the schematic
design stage that they are in now.
i
a .
City Council Minutes Page 2
.' Monday, April 30, 1990 - 5:00 p.m.
Mr. Inko_presented slides of their proposal highlighting the location, height,
landscaping, inside and outside designs, and elevations.
Supervisor Delany questioned the time frame to start building.
Mr. Lieb stated that they are looking toward January of 1991.
Councilwoman Rama questioned how the program was phased.
Jerry Wilkerson, General Services, responded that Phase I is to address
current needs with some room for expansion, and Phase II, to take care of
future needs.
Supervisor Delany stated that one of the reasons that this was a good location
was that the city buses travel that route.
Supervisor Blakely questioned the used for break, rest areas, and questioned
areas for parking.
Councilwoman Pinard stated that there should be pull out areas for the buses.
Councilwoman Rappa questioned the space needs study being done by the County.
Mr. Lieb outlined how they would prepare the study and that it would based on
a 10 year period.
Councilman Roalman questioned when the County would have the Social Services
building completed.
Mr. Lieb stated that the goal for completion of the Social Services building
is June of 1992, but that there may be some complications as they are due to
start the County Jail Facility at the same time.
Ms. Ellen Rovnas, Environmental Coordinator, addressed the environmental
review. She said the intial study has begun and should be completed within
the next couple of swaths.
spoke to the needs to have accommodations for bicyclists and
felt that the numerous windows proposed for the Social Services building are
counter productive in conserving energy.
Reports were received and filed.
3. SOLID WASTE UPDATE
a) AB 939 (California Integrated waste Management Act.
b) Landfill issues.
Mr. Georoe Protovapas, County Engineer, gave the status report regarding solid
waste management activities - AS 939 - Integrated agrated Waste Management, hiring a
61-11
City Council Minutes page 3
Monday, April 30, 1990 - 5:00 p.m.
consultant and project coordinator to prepare the Source Reduction and
Recycling Elements for all cities and the County, in addition to the
Integrated Waste Management Plan; time frames to adopt these plans; increasing
tipping fee to $1.00 per ton to offset the costs for the AS 939 planning work;
they have gone out for RFP's and have set a date of June 1, 1990, to have
these proposals; addressed-siting needs for landfills and coming to the Board
of Supervisors on this issue in May; the Chicago Grade Landfill site is one
option being studied. He gave an update on the closure of the Los Osos
Landfill and capping same; addressed the Cold Canyon Landfill and the SIR
being prepared; the County requesting an additional staff .person to assist
with these programs through the upcoming budget; spoke to a countywide
recycling propgram and stated Los Osos has already started one; the County is
promoting recycling throughout the County based on studies that show 60
percent of what is thrown away is able to be recycled.
Upon question by Supervisor Ovitt whether the new employee is to be funded out
of the increased tipping fee, he was informed that it was.
Councilwoman Rappa questioned the possiblity of combining the Siting study and
the AS 939 studies into one.
Mayor Dunin questioned the life of cold Canyon with better recycling methods
and the potential of infection materials being disposed of at
landfills.
Supervisor Johnson questioned transfer sites.
Ms. Carmen Foic, Engineering Department, stated it would be included in their
siting study.
Councilwoman Pinard questioned what will occur after the 8-9 year life of Cold
Canyon as past.
Reports were received and filed.
4. UPDATE ON AIRPORT AREA SPECIFIC PLAN
Mr. Warren Hoao, County Planning and Building Department, presented an update
on the Airport Area Specific Plan; the plan covers approximately 1,700 acres
between the airport and the city. Be highlighted the studies to be done and
stated they are now in process; RRM Design along with the City and County
Planning staffs have been working on the study. 8e said that Willdan
Associates are being hired to prepare the Phase I base studies and possibly to
prepare the plan and the SIR. He addressed the concept of the -Land Use Plan
based on planning principles; areas to be reviewed in the study; meetings with
property owners and a survey that the property owners conducted.
Supervisor Blakely addressed possible annexation of this area to the City and
the golf course proposal out in this area.
1
City Council MIZut'es
Page 4
Monday, April 30, 1990 - 5:00 p.m.
Councilwoman Pinard addressed concerns regarding the recharging area.
Supervisor Cov spoke to the need for a public golf course in the City of San
Luis Obispo.
Mr. Dana Lillev, County Planning and Building, addressed issues of Boning,
commercial usage in the area, and potential areas of growth for both
residential and commercial. No action taken.
Report was received and filed.
On motion, duly made and unanimously carried, the Board of Supervisors of the
County of San Luis Obispo adjourned.
Thera being no further business to come before the meeting, Mayor Ron Dunin
adjourned the City Council at 7:00 p.m. an to Adjourned Meeting of the City
Council at 7:30 p.m.
APPROVED BY COUNCIL:
PV:nlo Pam Voges, City Clerk
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C
�i-�3
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OHISPO
MONDAY, APRIL 30, 1990 — 7:30 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA Dra#f PRIAM
to be approve8
ROLL CALL at Council Meeting
Couacilmembers
6"lo- 4D -
Present: Vice-Mayor Jerry Reiss, Councilmembers Peg Piaazd, Penny
Rappa, till Roalman and Mayor Ron Dunin
Absent: None
City Staff
Present: John Duna, City Admi-nistrative Officer; Jeff Jorgensen, City
Attorney; Pam Voges, City Clerk; Ren Hampiaa, Assistant City
Administrative Officer; Terry Sanville, Principal Planner
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PUSLIC COMMENT
No Public Comment was received.
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STUDY SESSION �
1. GOVERNMENT OFFICES (File No. 402)
Council considered a policy to allow government offices in areas of the city
other than the three Land Use Element-designated locations. Terry Sauville,
Senior Planner, reviewed the Agenda Report with the recommendations that
Council:
1) By resolution, adopt a policy to allow government offices not
requiring significant public contact and not related to civic, social
services, or health to locate where convenient within the city, and
where consistent with general plan policies, as can private offices with
similar functions;
2) Initiate a zoning text change allowing government agency offices
anal maal.iny roomis to the C-p pnl} M eerna�� will, ao aAminle4rall�e ilea
permit and subject to the "oftics PD" requirement for those souse.
3) Initiate a general plan change to allow government offices with
high public contact and related to civic, social services, or health
functions, to locate outside the "tri-polar concept" areas, for a time
period not to exceed five years (3995), provided it can be shown that
(a) space is not available within the tri-polar areas; and that (b) the
government agency is actively pursuing the construction or acquisition
Of office space in the appropriate tri-polar area. i
Mayor Dunin asked for public comment.
�. City Council Minutes page 2
Monday, April 30, 1990 - 7t30 P.M.
Charles French owner of "Westwinds Development" on South Street spoke in
support of expanding the City's current policy as he felt that it provided for
a monopoly which drives up costs for businesses needing office space.
Rob Strono felt that there was a misinterpretation of what tri-polar meant.
It was developed by the City and the County. He did not feel there was any
public purpose in trying to keep all government offices in the downtown. Be
felt that the functions could be better defined rather than putting them all
together.
Brian Starr, 641 Higuera Street, representing Mr. Rossetti, also spoke in
support of easing the policy.
Murray Warden, 1720 Johnson, representing Don Walter Brothers Construction,
spoke in support of the tri-polar concept and urged that the policy not be
amended.
Roland Maddalena spoke in support of expanding the policy. Re felt that
supply and demand should govern where these offices are placed.
Hal Dill of Dill Properties spoke in support of expanding the policy.
Marshall Ochvlaki also felt that it would serve the community better if the
policy was expanded.
Councilman Roalman felt there was validity to keeping the tri-polar concept.
Councilwoman RaDDa would support a more expansive tri-polar area. She urged a
better definition be made as to what a significant public use is. She could
not support the recommended option number three.
Councilwoman Pinard was supportive of expanding the tri-polar concept.
After discussion, moved by Roalman/Reiss (4-1, Councilwoman Rappa voting no)
that Council support in concept staff recommendations 1 and 2 tos 1) allow
government offices not requiring significant public contact and not related to
civic, social services, or health functions to locate where convenient within
the city and where consistent with the general plan policies, as can private
offices with similar functions; 2) allow government agency offices and
meeting rooms in the C-S and M sones with as administrative use permit and
subject to the "office PD" requirement for those sones. Purther, that staff
report back on a definition as to what is a "significant public contact".
Motion carried.
9110 P.M. There being no further business to come before the City Council,
Mayor Dunin adjourned the meeting.
APPROVED BY CODNCILt
PVtsan Pam Voges, City Clerk
ev-As
11
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 1, 1990 - 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA Draft Minutes
to 6e approved
ROLL CALL at Council Meeting
Councilmembers
Present: Vice-Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
City Staff
Present: John Duna, City Administrative Officer; Jeff Jorgensen, City
Attorney; Pam Voges, City Clerk; Arnold Jonas, Community
Development Director; Dave Romero, Public Works Director;
Ken Hampian, Assistant City Administrative Officer; Jim
Gardiner, Police Chief; Alison Lloyd, Administrative Analyst
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PUBLIC COMMENT
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.
CONSENT CALENDAR
Moved by Raana/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-30.
C-1 COUNCIL MINUTES
The following minutes were approved as amendedr
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.
City Council Minutes page 2
Tuesday, May 1, 1990 - 7:00 p.m.
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.
Moved by Roalman/Rama (4-1, Councilwoman Pinard voting no), .Resolution No.
6801 adopted supporting Good Neighbors Day and staff authorized 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 SIA Administrator.
Resolution No. 6802 (5-0) adopted approving the contract of employment between
the City of San Luis Obispo and SIA Administrator, Monte Lukov, for the period
of Nay 2, 1990 through May 20 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 MANAOXNE T (File No. 524)
Council considered approving a Memorandum of Understanding regarding Regional
Solid Waste Management.
Moved by Raona/Dunin (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
' J
City Council Minutes Page 3
Tuesday, May 1, 1990 - 7x00 p.m.
Waste Management Act of 1989; 2) Mayor authorised 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 (4-11 Councilwoman Pinard 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
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
and urging further efforts to contain costs and .identify additional revenue
sources as recommended.
C-10 STREET CHIP SEAL PROJECT (City Plan No. P-30A; Agreement IA36-90-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 $170,000. ID
Moved by Raova/Roalman (4-1, Councilwoman Pinard voting no) to approve plans
and sepcifications, staff authorised to advertise for bids, and CAO authorised
to award contract (A36-90-CC) if within engineer's estimate as recommended.
COUNCIL LIAISON REPORTS
Reports were made by Vice-Mayor Reiss on City/Community Task Force; councilman
Roalman on Performing Arts Center; Councilwoman Ravoa on Solid Waste Task
Force; Prison Committee and Transit (for specific comments on these reports,
please see tape dated May 1, 1990, File No. 125)
_--------
BUSINESS ITEMS
1. SMOKING ORDINANCE (File No. 703)
Council considered proposed amendments to the Smoking Ordinance.
Jeff Jorgensen, City Attorney, briefly reviewed the agenda report with the
recommendation that Council receive the report regarding alternatives for
regulating smoking and provide staff with direction as to preferred amendments
to the smoking ordinance. The alternatives for regulating smoking would
include prohibitions in 1) restaurants (except in a separate room not to
exceed 50% of the seating capacity of the restaurant, !) .libraries, 3) health
care facilities .(except in private rooms where all patients are smokers), 4)
theatre lobbies (smoking limited to a contiguous area not to exceed 50$),
City Council Minutds Page 4
Tuesday, May 1, 1990 - 7:00 p.a.
5) retail establishments, and 6) public areas of offices.
Mayor Dunin asked for public comment.
Vice-flavor 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 restauraur.
Brett Cross, 1217 Mariner's Cove, suggested putting this to a vote of the
public.
Richie Ray stalker 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.
Tom Schwem spoke in support of the smoking ban.
Cecil Felfman, San Luis Obispo, spoke in support of a total ban.
ORobert Bollev, 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 Ranson supported the ban.
Diane Royce supported the ban.
Fred Peterson, downtown business owner, spoke in opposition to the ordinance.
Roy Banff, 569 Lawrence Drive, suggested that Council tighten up the current
ordinance, but not provide a total ban. .
Raoma Wright, Foothill Boulevard, supported a total ban.
Gary Fowles, 777 Mill Street, was opposed to a total ban.
® Bob Davis, owner of Apple Farm, stated that his restaurant world effectuate a
total ban on smoking, even though it not required, but he did not feel there
City Council Minutes Page 5
Tuesday, May 1, 1990 - 7:00 p.m.
was sufficient clients desiring smoking sections.
Kavor 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) . Notion carried, all
ayes.
Mayor Dunin stated he would be opposed to the ordinance if it world limit
smoking in all public places, and urged some relaxed standards.
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 Stabilisation
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 Some Stabilisation Ordinance.
Mavor .Dunin stepped down due to a possible_ conflict of interest; vice-Navor
Reiss presiding.
Vice-Mavor 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.
Mice-Kavor 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/Raves (3-1-1, Councilman Reiss voting no, Mayor Dunin absent)
Item No. 2, entitled Mobile Home Rent Control continued to date certain
Tuesday, May 15, 1990, to allow additional review by Council.
J,
City Council Minutes Page 6
Tuesday, May 1, 1990 - 7:00 p.m.
3. APPEAL - PLANNING COMMISSION - APPLE PAR![ (File No. 407)
Council held a public hearing to consider appeals by Bonnie Garritano, at al,
and Robert Ain ale (two separate appeals) of Planning Commission approval of a
use permit allowing a 206 seized 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-Navor 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.
Vice-Mayor Reiss declared the public hearing open.
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 Sostram, 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-Mayor Reiss declared the public hearing closed.
Vice-Mavor 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/Raooa (2-2-1, Councilmembers Pinard and Reiss voting no,
Mayor Dunin abstaining) to uphold the appeal based on the findings on page
3-15. Motion failed.
Moved by Rana/Roalman (4-0-1, Mayor Dain abstaining) to continue this item
to allow additional review by Council (tentatively scheduled for Wednesday,
June 6, 1990 meeting).
n
City Council Minutes page 7
Tuesday, May 11 1990 - 7s00 p.m.
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 - BUSBNELL 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
property line) for a garage to be located behind a house on the east side of
Bushnell Strest.south of Bishop 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 sone; 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.
Kavor 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 an behalf of the applicant urging the
Council to allow the exception to condition number 7.
City Council Minutes - Page 8
C Tuesday, May 1, 1990 7s00 pat.
Steve--Nelson, applicant, 1580 Lizzie Street, spoke in support of his project:
Mayor Duaia declared the public hearing closed.
After discussion, moved by Ranna/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 MAP TANK FARM ROAD (File No. 410)
Council held a public hearing to consider approval of a vesting tentative slap
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 R.oalman/Reiss (5-0) that this item be continued to date certain,
Wednesday, June 6, 1990 at the request of the applicant. Notion carried
unanimously.
7. TRANSPORTATION FUNDING (File Mo. 542)
Council considered a request by San Luis Obispo Area Coordinating Council to
endorse Proposition 111 (SCA 1)1, Proposition 108 and Proposition 116 regarding
increases for traasportation. funding purposes.
Ken Ramoian, 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 Duma/Reiss (2-3, Councilmembers Pinard, Rappa. and Roalaan voting no)
to adopt the resolutions approving Propositions 111, 108 and 116 as
recommended. Notion failed.
8. PUBLIC ART PROGRAM (File No. 477)
Council considered a resolution approving a City-ride Public Art Program
(continued from 2/5/90).
Moved by Ravna/Pinard (5-0) that this item be continued to date certain,
Tuesday, $ay 15, 1990, due to late is
of the report.
9. BISHOP'S PEAK ACOUXSITZON (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 Rasma/Duma (5-0) this item continued. Notion carried unanimously.
L /-�3
City Council Minutes Page 9
Tuesday, May 1, 1990 - 7:00 p:m.
10. DOWNTOWN STREET LIGHTING (File No. 477)
Council considered approval of plans and specifications for downtown street
lighting project (City Plan No. N-09H) 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.
Notion carried unanimously.
COMMUNICATIONS
Comm. 1 - INTER-AGENCY SCHOOLS- ADVISORY-COMMITTEE
Upon general consensus, request by Councilwoman RaDDa to direct staff to
prepare a report for an Inter-Agency Schools Advisory Committee or task force
was referred to staff for report.
There being no further business to come before the City Council, Mayor Dunin
adjourned the meeting at 1105 p.m., to Thursday, May 3, 1990 at 3:00 p.m. in.
Cambria, California.
APPROVED BY COUNCIL: _-_--- --
PV:ulo Pam Voges, City Clerk__
O
M IN UTE S
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, MAY 21, 1990 - 12:10 P.K.
COUNCIL HEARING ROOK - CITY BALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA Draft Minutes
to be approved
ROLL CALL at Council Meefing
Councilmembers _�=
Present: vice-Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rapp&, Bill Roalman and Mayor Ron Dwain
City Staff
Present: Jeff Jorgensen, City Attorney; Pam Voges, City Clerk, and
Ann KcPike, Personnel Director
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CLOSED SESSION
12:10 p.m., Mayor Dunin adjourned the City Council to Closed Session for City
Attorney and City Clerk Review.
There being no further business to come before the City Council, Mavor Dunin
adjourned the meeting at 1:40 p.m.
APPROVED BY COUNCIL:
PV:nlo Pam Voges, City Clerk
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