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HomeMy WebLinkAbout05/01/1979M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 1, 1979 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and ' Mayor Lynn R. Cooper ABSENT: None City Staff PRESENT: Leland Walton, City Administrative Officer; J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Richard Minor, Fire Chief; Jim Stockton, Director of Parks and Recreation; Roger Neuman, Police Chief; Dave Romero, Public Services Director. 1. Senior Pass Program D.F. Romero, Public Services Director, reported to the City Council on the effect of the Mid -day Pass Program on the local transit system, which has been in effect since November 1, 1978 and which was producing an average of 73.2 riders on weekdays and 49.6 riders on weekends and holidays for the 5 -month period for which the city has records. Approximately 75% of the mid -day passes are purchased by senior citizens. Based on those figuers, seniors constitute approximately 55 of the riders on weekdays and 37 of the riders on weekends and holidays. He continued that seniors constitute ' such a small percentage of total bus ridership that the financial implications and effect on bus loading of a full -time senior pass will be negligible. The primary effect which the change from a mid -day pass to a senior pass would have is the elimination of the inexpensive, non -peak pass for the approximately 33 purchasers who are not senior citizens. He then presented some suggestions for the guidelines for the Senior Pass Program. 1. To qualify as a "senior__ ", individual must produce proof that he /she was 62 or older on his /her last birthday. 2. Proof of age must be submitted with each purchase of a senior pass. 3. Senior passes can be purchased only at City Hall, the Senior Citizens Center, or the Anderson Hotel. 4. The senior pass is not transferable. It can be used only by the purchaser of the pass. 5. The senior pass may be used on any city bus during all hours of operation. 6. The senior pass is not recognized on the Cuesta System or the North Coastal System. 7. Senior pass would cost $2.50 per month and must be renewed each month. ' After discussion of Dave Romero's report, it was the concensus of the City Council to continue the mid -day pass in addition to the unlimited senior citizen's pass to take care of those few people who are using the mid -day pass. On motion of Councilman Jorgensen, seconded by Councilman Bond, that the City Council approve the Senior Buss Pass Program on an unlimited basis and request the staff to look into extending the Senior Pass Program to the Cuesta System. Also, staff was directed to continue with the existing Mid -day Pass Program. Motion carried on the following roll call vote: City Council Minutes May 1, 1979 - 4:00 P.M. Page 2 AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None 2. Dave Romero reported on the Laguna Lake Committee regarding the consultant to be hired for the Management Study. and the EIR. He reported that three firms out of eight were reviewed by the Committee and that the committee, after study, recommends that the City Council authorize the staff to negotiate with Envicom /MDW to prepare a contract for the study for the Laguna Lake Management Plan and Environmental Impact Report. The estimated cost of -the study is between $46,950 and $52,800 with an estimate of one year to complete the entire report. On motion of Councilman Dunin,.seconded by-Councilwoman Billig, the staff was authorized to negociate with Envicom /MDW for a contract to perform the Manage- ment Plan and EIR for the Laguna Lake. Motion carried on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond Jorgensen and Mayor Cooper NOES: None ABSENT: None D.F. Romero was directed to send the City Council a list of the existing Laguna Lake Committee members and the vacancies existing on the committee. 3. On motion of Councilwoman Billig, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3829 (1979 Series), a resolution of the Council of the City of San Luis Obispo adopting Uniform Design Criteria. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None 4. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution.No. 3830 (1979 Series), a resolution of the Council of the City of San Luis Obispo adopting revised City Standards Nos. 400, 401, 210, 320, 321, and 221. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None 5. At this time the City Council considered revised Rules and Regulations Governing the Use of Mission Plaza submitted jointly by the Parks and Recre- ation Commission and the Promotional Coordinating Committee. L. Walton, City Administrative Officer, requested that this matter be continued and referred to staff to clear up a few points that still needed work. On motion of Councilman Jorgensen, seconded by Councilman Bond, the matter was continued as requested by the Administrative Officer. Motion carried. City Council Minutes May 1, 1979 - 4:00 P.M. Page 3 6. On motion of.Councilman Jorgensen., seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3831 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Tract Map No. 651, located at 1353 Royal Way subject to seven findings and eighteen conditions. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that Ordinance No. 803 be referred back to the Planning Commission for revision and review of conditions 4 and 6. Motion cried. 7. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following ordinance was introduced: Ordinance No. 806 (1979 Series), an ordinance of the Council of the City of San Luis Obispo amending the Municipal Code, Article VII, Chapter 4, Part 1, Additional Charges for Water Services. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None 8. Wayne Peterson, City Engineer, presented for the council's consideration, plans and specifications for the DOWNTOWN SIDEWALK REPLACEMENT, Mission Plaza Style, City Plan No. C -13, bid estimate $131,000. He also requested that the City Council authorize the staff to call for bids for three separate sections in order to see what the city's ability to pay when the bids are received. Section A: Monterey Street from Chorro northerly Section B: Monterey Street from Chorro to Rose Alley Section C: Chorro Street from Monterey to Higuera Streets Jeff Jorgensen moved that the plans and specifications be approved and that the bids be called for in three phases. Motion lost for lack of a second. Councilman Jorgensen spoke in support of the Mission Plaza sidewalks in order to let tenants and property owners see what it looks like and what cooperation would cost the city on construction. Councilman Bond stated he was opposed until the sidewalks are repared and are needed. Mayor Cooper stated it was his understanding that the property owners involved were opposed to tearing out the sidewalks and putting in this new type. Councilwoman Billig stated she was not opposed in principle, but she would like to see future extent of this program as she felt it could be very expensive and costly to the taxpayers. Councilman Dunin questioned the need to place expensive sidewalk downtown. He did not feel the property owners and merchants were very interested in it. He felt the money could be better spent by the city for other needs to serve the people better. On motion.of Councilman Dunin, seconded by Councilman Bond, that the Council defer consideration of "Downtown Sidewalk Replacement" indefinitely. Motion carried, Councilmembers Billig and Jorgensen voting no. City Council Minutes May 1, 1979 - 4:00 P.M. Page 4 9. Wayne Peterson, City Engineer, presented for the Council's con- sideration plans and specifications for "CREEK OBSTRUCTION REMOVAL - WATER PIPELINES ", City Plan No. B -51, bid estimate $19,612.00 plus 13% for con- tingencies or a total of $22,163.00. On motion of Councilman and specs were approved carried, all ayes. 10. Wayne Peterson, "SINSHEIMER PARKING LOT plus 13% contingencies Jorgensen, seconded by Councilwoman Billig, plans and staff was authorized to call for bids. Motion City Engineer, presented the plans and specs for - PHASE I ", City Plan No. C -22, bid estimate $22,000.00 Dr a total of $25,000.00. D.F. Romero, Public Services Director, again reviewed the proposal to pave Sinsheimer Parking Lot in cooperation with the Vidar.Corporation who would be using the parking lot during the day for their employees. On motion of Councilman Dunin, seconded by Councilman Bond, the matter was tabled with the staff to bring back costs to pave the entire parking lot with alternatives with landscaping, etc. Motion carried, all ayes. C -1 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, claims against the City for the month of May, 1979, were approved subject to the approval of the Administrative Officer. Motion carried, all ayes. C -2 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, minutes of the following Council meetings were approved: March 5, 1979, March 13, 1979, March 20, 1979, March 27, 1979, April 1, 1979, April 2, 1979, and April 10, 1979. Motion carried, all ayes. C -3 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following contract pay estimate were approved and ordered paid: Fred Julien & Asso. Est. 462 $16,605.90 , JOHNSON /MARSH STORM DRAIN C.C.O. 461 - 1,250.00 City Plan 46C -10 C.C.O. 462 + 4,168.50 C.C.O. 463 + 2,873.00 C.C.O. 464 + 3,153.00 Est. 463 FINAL 4,760.45 (6/4/79) Fred Julien & Asso. Est. 461 4,698.00 SEWERLINE IMPROVEMENTS C.C.O. 461 + 300.00 City Plan 46B -44 Southern Pacific Milling Co. Est. 463 40,433.72 STREET RESURFACING PROJECT City Plan 46C -09 United Liquid Waste, Inc. Est. 462 985.50 EMPTY AND CLEAN NO. 1 SLUDGE Est. 463 FINAL 1,095.00 (6/4/79) DIGESTER City Plan 46C -11 Motion carried, all ayes. C -4 On motion-of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3832 (1979 Series), a resolution of the Council of the City of San Luis Obispo denying an appeal of a Planning Commission decision to require a focused environmental impact report on the modifications to the proposed Terrace Hill Planned Development Project, Cuesta Valley Properties, appellant. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond,.Dunin,..Jorgensen.and Mayor Cooper NOES: None ABSENT: None City Council Minutes May 1, 1979 - 4:00 P.M. Page 5 C -5 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3833 (1979 Series), a resolution of the Council of the City of San Luis Obispo establishing a Rule of Procedure regarding the failure of an item before the Council to receive at least three affirmative votes. Passed and adopted on.the following roll call vote: ' AYES: Councilmembers Billig, Bond, Dunin., Jorgensen and Mayor Cooper NOES: None ABSENT: None C -6 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3834 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting approval of Tentative Minor Subdivision No. 79 -054, located at 1103, 1121 and 1137 Higuera Street, 1170 and 1190 Marsh Street, and 1111, 1115, 1127 and 1143 Toro Street, subject to four findings and four conditions. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -7 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3835 (1979 Series), a resolution of intention to- abandon a 20 foot alley in the block bounded by Santa Rosa, Marsh, Toro and Higuera Streets. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -8 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3836 (1979 Series), a resolution of the Council of the City of San Luis Obispo amending the 1978- 1979 Annual Transportation Claim. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -9 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3837 (1979 Series), ' a resolution of the Council of the City of San Luis Obispo approving the 1979 -1980 fiscal year budget for the Handicapped Transit System of San Luis Obispo Regional Transit Authority. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None City-Council Minutes May 1, 1979 - 4:00 P.M. Page 6 C -10 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3838 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting certain documents and directing that they be.recorded. Passed and adopted -on the following roll call vote: AYES:_ Councilmembers Billig, Bond, Dunin., Jorgensen and Mayor Cooper NOES: None , ABSENT: None C -11 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, a grant deed from William C. and Lorraine L. Trussler dedicating frontage property on- Sweeney Lane was approved and the Mayor was authorized to record on behalf of the City. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -12 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3840 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an _agreement between the City and Tenwise for street widening on South Higuera Street. Passed and adopted on the following roll call vote: ' AYES: Councilmembers Billig, Bond., Dunin,.Jorgensen and Mayor Cooper NOES: None ABSENT: None C -13 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3841 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agree- ment between the City and the Southland Corporation for widening Johnson Avenue. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None. ABSENT: None C -14 On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3842 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting final annroval of Parcel Map No. SLO -78 -125 located at 221 Madonna Road (Madonna Road Plaza), Valley Vista Corporation, applicant. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -15 On motion of Mayor Cooper, seconded by Councilman Bond, the following claim against the City by J.A. Warnes in the amount of $37.88 for cost to replace glass in his home window allegedly broken by a golf ball at the Laguna Lake Golf Course was denied. Motion carried, all ayes. City Council Minutes May 1, 1979 - 4:00 P.M. Page 7 B -1 The City Clerk reported that the following bids were received for "FIRE PUMPER ", bids opened Monday, April 30, 1979 at 10:00 a.m.: 1. Mack Trucks, Inc. $91,690.00 Fire Apparatus Division (Motor Truck & Equipment) ($89,040.00 if SLO elects to deliver Ventura, California the unit.) Lee Walton., Administrative Officer, recommended that.the City pursue the delivery for a total price of $89,040.00 and that a purchase order be issued to the Mack Trucks and Equipment Company to be paid when the truck was delivered in a year to year and one -half from now. On motion of Councilman.Jorgensen,.seconded by Councilman Bond, the City Council accept the low bid of Mack Trucks, Inc. and also the recommendation of the Administrative Officer. Motion carried, all ayes. B -2 The City Clerk reported on bids received for "DRAINAGE CHANNEL LINING ", City Plan No. C -20, bids opened May 1, 1979 at 10:00 a.m., bid estimate $123,312.50 plus 13% contingencies.or a total of $139,343.13 as follows: 1. Boyd Construction Inc. $111,214.50 163 Ramona Drive San Luis Obispo, CA 93401 2. A.D. Construction $123,514.00 451 Embarcadero Morro Bay, CA 93442 1 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution.No. 3843 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the low bid of Boyd Construction Co., Inc. and awarding a contract. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None There being no further business to come before the Council at this session, Mayor Cooper adjourned the meeting at 6:10 p.m., to 7:30 p.m. Tuesday, May 1, 1979. Approved by City Council on June 5, 1979 ./' 7 Fitz-Patrick, City Clerk 3. James Sunderlund, Inc. $143,955.00 P.O. Box 1226 San Luis Obispo, CA ) 3406 ' 4. Melcher Construction Co. $148,320.00 1415 Smith Court San Luis Obispo, CA 93401 5. Walter Bros. Const. Co., Inc. $166,910.00 P.O. Box 809 San Luis Obispo, CA 93406 1 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution.No. 3843 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the low bid of Boyd Construction Co., Inc. and awarding a contract. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None There being no further business to come before the Council at this session, Mayor Cooper adjourned the meeting at 6:10 p.m., to 7:30 p.m. Tuesday, May 1, 1979. Approved by City Council on June 5, 1979 ./' 7 Fitz-Patrick, City Clerk M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 1, 1979 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Roll Call Councilmembers PRESENT: Melanie Billig, Alan Bond, Jeff.Jorgensen, and Mayor Lynn Cooper ABSENT: Ron Dunin City Staff PRESENT: Leland Walton, City Administrative Officer; J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Henry Engen, Community Development Director; Roger Neuman, Police Chief; Dave Romero, Public Services Director. A. On motion of Councilman Bond, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution.No. 3844 (1979 Series), a resolution of the Council of the City of San Luis Obispo expressing the City's gratitude and appreciation to Morris Witbeck for creating the Indian painting on the wall of the hallway of the first floor of City Hall. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Jorgensen, Billig and Mayor Cooper NOES: None ABSENT: Councilman Dunin ' B. On motion of Mayor Cooper, seconded by Councilman Jorgensen, that Henry C. Ford, Sr., be appointed as a tenant representative to the Housing Authority for the term ending 6/30/80 to replace a member who retired. Motion carried on the following roll call vote: AYES: Mayor Cooper, Councilmembers Jorgensen, Billig and Bond NOES: None ABSENT: Councilman Dunin 7:40 p.m., Councilman Dunin arrived at the meeting and took his place at the council desk. 1. At this time the City Council held a public hearing on the appeal of Robert Binkele, 1865 Monterey Street, from a decision of the Planning Commission requiring a 1:00 a.m. time limit on entertainment at the 1865 Restaurant. Henry Engen, Community Development Director, reviewed the action of the Planning Commission on the.use permit allowing expansion of the existing restaurant and parking lot at 1865 Monterey Street. Henry Engen stated that condition no. 9 established by the Planning Commission states, "No ' form of entertainment that produces a sound or noise shall be permitted on site at any time between the hours of 1:00 a.m. and 8:00 a.m." Henry Engen. continued that the noise problem has had a long history of complaints from the site-of the 1.865.Restaurant and that most of the complaints have been brought to the city over the last two or three years since "live" entertainment was introduced in the lounge. In approving the use permit for expansion of the restaurant, the Planning Commission attached several conditions to help mitigate the noise problems. One of these was condition no. 9, which is being appealed by the applicant. The Planning Commission City Council Minutes May 1, 1979 - 7:30 P.M. Page 2 felt that this was a reasonable time to stop the noise that comes from the live entertainment in the lounge. They felt it would take another one - half hour or so for the people and noise-to leave the parking lot area. The commission noted the condition.does not limit all entertainment, just entertainment that produces a sound or noise. He also stated the commission added condition no. 15 which states, "Use permit shall be reviewed in six months to assure compliance." This would include the review of condition ' no. 9. Henry Engen closed his comments by stating that the Planning Commission, planning staff and police department all support the condition as approved, as appropriate and reasonable for this particular use at this location. Therefore, the staff recommends that the City Council support the decision of the Planning Commission and deny the appeal and uphold the action of the commission in approving the permit with 15 conditions. Mayor Cooper declared the public hearing open. Robert Binkele, appellant, appeared before the City Council on behalf of his appeal to allow the normal hours of the entertainment to 2:00 a.m., which is allowed under State Alcoholic Beverage Control Laws. He stated that the issue under controversy was the entertainment noise from the restaurant and since they have enclosed the patio, under conditions 3, 4, and 5, he felt it eliminated the problem, but restricting the entertainment to 1:00 a.m. would enhibit their right to earn a living by giving a compet- itive advantage to similar nearby operations such as the Motel Inn, Discovery Inn, doing business as Mason & Stills Restaurant with entertainment. He urged the council to rescind this condition and allow him to operate to the 2:00 a.m. closing time. No one else appeared before the City Council. ' Mayor Cooper closed the public hearing. Councilman Dunin stated that he.felt he could uphold the appeal as he felt the additional construction authorized by the use permit would mitigate noise from the building and 1:00 a.m. or 2:00 a.m. did not make that much difference. Councilwoman Billig stated she would support the Planning Commission staff. She felt the noise from the restaurant and parking lot have not been mitigated and that continual complaints have been generated by this operation. She stated that one of the problems is that this business backs on an R -1 zone which does not happen anywhere else in the community or in the examples given by Mr. Binkele. She would support the 1:00 a.m. closing. Councilman Jorgensen stated that he agreed with Councilwoman Billig as to the closing. He then reviewed the great number of violations to the use permit issued originally to this operation that have not been complied with by the owner. He felt that there must be some control on these use permits. He would support the 1:00 a.m. closing. Councilman Bond stated he would uphold the appeal. He felt the operation should be allowed to operate to 1:45 a.m., and then if in violation, put them back to the 1:00 a.m. requirement. Mayor Cooper felt that it was arbitrary to set 1:00 a.m. or 1:45 a.m. closing. He hoped the council could adopt some compromise for the operation and also ' to protect the neighborhood. On motion of Councilwoman Billig, seconded by Councilman Jorgensen, the City Council deny the appeal and support the Planning Commission's recommendation. Motion lost on the following roll call vote: AYES: Councilmembers Billig and Jorgensen NOES: Councilmembers Bond, Dunin and Mayor Cooper ABSENT: None City Council Minutes May 1, 1979 - 7:30 P,E. Page 3 On motion of Councilman Jorgensen, seconded by Mayor Cooper, that the City Council support the appeal but prohibit entertainment after 1:30 a.m. Motion carried on the .following roll call vote: AYES: Councilmembers Jorgensen, Mayor Cooper and Councilman Dunin NOES: Councilmembers Billig and Bond I ABSENT: None 2. At this time the City Council held a public hearing on the appeal of Robert Binkele from a decision of .the Planning Commission to deny a use permit request which would have added.nine hundred square feet of office space to an existing building at 1845 Monterey Street. Henry Engen, Community Development Director, on behalf of the Planning Commission, stated that the commission on April 4, 1979, denied the use permit on a 3 -3 tie vote and by the by -laws of the commission, this vote was a denial. The existing office use was approved under a use permit granted in January, 1977. The requested use permit is for a nine hundred square -foot addition to an existing 1800 square -foot office building. While the office is on its own lot of record, parking is shared with the 1865 Restaurant on the adjacent lot. No additional parking for the office expansion was proposed with the request. Henry Engen continued that during the-commission hearing, it came to light that there is a discrepancy in the zoning ordinance parking requirements for office use in the C -T zone and office use in other commercial zones. The staff and Planning Commission are working on correcting this problem. Under the present C -T zone requirement_ (one parking space is needed for each 200 square -feet of floor area) an additional 5 spaces would be required for the 900 square -foot office addition. If the parking requirement was 1 space ' per 300 square feet, as it is in other commercial zones, 3 spaces would be required. In any case, 3 to 5 parking spaces would be requried. Staff did not feel this zoning ordinance discrepancy was the issue. The staff recom- mended that the 3 -5 spaces could be shared with the adjacent restaurant parking because the peak parking demand for the restaurant is different than for the office use. The only concern would be at the noon lunch hour. The staff continued to support the shared parking. He continued that the three commissioners voting against the use permit request stated they could not support the recommendation for shared parking. They felt the additional 3 -5 spaces should be provided on -site. As a final note, Henry Engen stated that the applicant indicated to the commission the addition would not-be built for about two years. Use permit approvals are good for one year. If not exercised within one year, the approval becomes null.and void. This was also a consideration in the action the commission took. The commission adivsed the applicant to resubmit the use permit within two years. Mayor Cooper declared.the public.-hearing open. No one appeared before the City Council. Mayor Cooper declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, that I the City Council uphold the appeal and allow shared parking with the adjacent restaurant parking lot. Motion carried on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None City Council Minutes May 1, 1979 - 7:30 P.M. Page 4 3. The Citizens' Advisory Committee request that the City Council reconsider adoption of a "No Smoking Ordinance" for the City of San Luis Obispo. They stated that there is much public interest in resubmitting the ordinance and urged the council to take favorable action. Marge Sorensen, member of the C.A -C., appeared before the City Council and presented a letter from Howard W. Mitchell, Director of the County Health Agency, supporting the adoption of a no smoking ordinance or regulation in the City of San Luis Obispo. She stated that Doctor Mitchell, in addition to being the health officer for the county, was also vice - president of the American Lung Association for the counties of Santa Cruz, Monterey, and San Luis Obispo. He stated that he wished to bring to the attention of the council the importance for the health and confort of the citizens of the city, as well as many visitors, the need for the enactment of an ordinance to prevent smoking in public places. He said he felt very strongly that the ordinance draft, which is now two years old, does not go far enough, but he felt the "option prohibition a" section should be strengthened to require restaurants which serve 50 or more clients at one time to set aside smoking and non - smoking areas. He informed the council that under California law, smoking in food markets and grocery stores is prohibited so that part would not have to be covered in the city ordinance. He then reviewed in his letter the effect of the County of San Luis Obispo ordinance which has been on the books since April 26, 1976 which is similar to that proposed for the city, and they have found that they have very little problem with this enforcement, its self- enforcing and the people involved are very cooperative. He stated that most public places would probably comply voluntarily, but an ordinance ensures that all restaurants, for example, would get equal treat- ment. His letter concluded by stating that while many people do smoke, the rights of the non - smoker must be recognized. Many people find cigarettes, pipes, or cigar smoke offensive. Some are allergic to cigarette smoke probably as a result of having once smoked. Others can be seriously harmed by the smoke of another person's cigarette because of the so- called "side- stream" smoke contains more harmful substances, like carbon monoxide, than smoke inhaled through the cigarette. There are also many people with chronic obstructive pulmonary diseases who have settled here primarily because of the clean air. They dare not, however, be in close contact with cigarette smoke or other air pollutants as it may trigger a serious episode of respir- atory distress. He stronglyinance dealing with smoking and non - smoking sections in restaurants with 50 seats or more. The City Council received a letter from the Community Health Council signed by Gloria H. Ballenger urging that the City Council adopt the draft ordinance that has been on their files for several years. They were particularly concerned with smoking as it effects innocent by- standers as well as those who do smoke. They would like the City Council to adopt a non - smoking ordinance and its recommendations for restaurants to have smoking and non- smoking areas. Leslie Clem, American Lung Association, spoke in support of adoption by the City Council of a city ordinance to control smoking in public places and urged adoption for the health of the citizenry. Art Jack, Chairman of the Consumers Advisory Committee to the Health Agency, supported adoption of a non - smoking ordinance for the City of San Luis Obispo urging mandatory controls to protect non - smokers in public places. .Tim Mazzacano, Environmental Health Coordinator for the County Health Department, stated, upon question, that the county ordinance has been mostly self- enforcing and that restaurant operators have been very cooperative in the county area with the rules and regulations. Carol Jennings, school nurse, supported adoption of a non - smoking ordinance to protect the non - smokers of the community. Frank Cannan, San Luis Obispo, supported a non - smoking ordinance for public places. City Council Minutes May 1, 1979 - 7:30 P.M. Page 5 Dr. Stanely Reichenberg, Lung Association, spoke in support of a non - smoking ordinance. He also listed.some.of.the.dangers of second -hand cigarette smoke. He stated that most physicians and the County Medical Society support a non - smoking ordinance for San Luis Obispo. Shirley Lard, San Luis Obispo, spoke in support of a non - smoking ordinance. Celeste Brooks, San Luis Obispo, spoke in support of a non - smoking ordinance and hoped the council would think about the non - smoker who must breath second -hand cigarette smoke which is hazardous to their health. On motion of Councilwoman Billig, seconded by Councilman Jorgensen, that the City Council approve the concept of a non - smoking ordinance and request the city attorney to prepare an ordinance with mandatory controls for restaurants with over 50 seats. Motion carried on the following roll call vote: AYES: Councilmembers Billig, Jorgensen, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None 4. At this time the City Council considered the 1979 -1980 Street Deficiency List. The priorities considered the condition of the street, costs of repair, and type and amount of vehicular traffic, thereby establishing an informal benefit -cost ratio. The condition of the street and recommended repair was determined early in March by David F. Romero and Milo Tappo the Street Superintendent, and take into account the least costly improvement which they felt would provide a satisfactory and relatively permanent repair. The dollar figures and map were prepared by the City Engineering Division during the month of March. The grand ' total of all street work within this submittal was $1,348,925, which indicated that the city is far from having all of its streets in perfect condition. Comments concluded that the priority list was a tool in assisting the Engineering Division and the Public Services Department in programming street work for the coming year, and in providing the Utilities Divisions and utility companies information needed to plan their work programs. The priority list is also the basis for preparation of the annual transpor- tation claim which must be submitted each year in order to obtain gasoline sales tax funds. Concilman Jorgensen suggested that due to the complexity of this deficiency list, that the matter be referred to a study session. On motion of Councilman Jorgensen, seconded by Councilman Dunin, the Street Deficiency List for 1979 -1980 was continued to a council study session to be held on Tuesday, May 8, 1979, at 5:00 p.m. Motion carried on the following roll call vote: AYES: Council-members Jorgensen, Dunin., Billig, Bond and Mayor Cooper NOES: None ABSENT: None ' 5. Heather Beard presented a petition requesting City Council consider- ation of -a law which would force property owners not to convert dwelling units in the downtown core of the city to office or other uses. She felt that residential uses were needed in the downtown area to support the elderly who do not drive and who could walk to their various services as they are needed such as coffee shops, stores, etc. She also stated that having people living in a central business district gave the area a more viable life style. She concluded by stating that she did not feel the city was adequately City Council Minutes May 1, 1979 - 7:30 P.M. Page 6 considering this element of the community and she urged the City Council to re- evaluate its present zoning and make provisions in the General Plan for adequate, permanent downtown housing for the elderly in the central business district. She also.felt.a.need to retain.as much.existing housing in the downtown area as possible for people of all ages in order th preserve the sense of familiarity and human involvement that make a city what it is. ' A communication from Rose Barger, 175 Brook Street, supporting the proposal to continue and enhance hcusing in the do,antowa aria. A communication from Rich Chubon, executive director of the City Housing Authority, urging that the City Council address the need for residential hotels within the downtown core area as part of the city's housing element and rousing plan. Rich Mansord, Higuera Street, supported the maintenance of residential uses in the downtown area. He felt that the residents in the downtown area are good for the city. Don Brodie, 1166 Higuera Street, spoke in support of keeping residences in the downtown area of the city. Myrtle King, Palm Street, spoke in support of keeping residential uses in the downtown area. Debra , 633 Palm Street, would like to see more residential. uses in downtown San Luis Obispo. Sophie Taylor, Granada Hotel, wanted to keep residential uses in downtown areas of the city and not allow conversions to other uses. Clyde Hostetter, Citizens' Advisory Committee, submitted a resolution from ' the C.A.C. urging support for continued uses of residences, hotels and apartments in the downtown area. Liz Thomas, Anderson Hotel, spoke in support of keeping the hotel open for senior citizens. Robert Johnson supported residential uses in the central business district. Joe Kourakis, planning instructor, felt that the quality of life in San Luis Obispo was enhanced by allowing residential uses in the downtown area. He felt that this was a social problem in all cities, and in order to keep the downtown area alive, people must live in the area. He felt the City Council should take this into consideration in developing a long -range plan for the development of residences in downtown San Luis Obispo. Larry Jamison, Waren Building, supported continual residential use in down- town San Luis Obispo. Richard Yeko, Higuera Street, supported residential uses in downtown San Luis Obispo which he felt added to the spark of life in the downtown area. Chrisse Elliott felt that having people living in downtown San Luis Obispo added to the city activity in the community. Fred Peterson, Chorro Street., supported downtown living which he felt added to the vitality of life in San.Luis Obispo. Councilman.Jorgensen stated he supported residential uses in the downtown and felt it added to the vitality of living in San Luis Obispo. He stated that the present zoning allows conversion of residential uses to office, apartment, or other commercial uses. He felt that maybe amending the zoning ordinance to require a use permit for conversion of residential uses to other uses should be adopted. City Council Minutes May 1, 1979 - 7:30 P.M. Page 7 Councilman Bond supported residential uses in downtown area. He felt office uses should be where there is sufficient off - street parking. He felt the council should amend the Housing Element to encourage residential development in the downtown area. Councilman Dunin felt the City Council should look for some way of encouraging the development of all types of housing in the city and also look to long - range solutions and not attempt to.make panic solutions where one property owner closes a five -room hotel. He felt the council and the Housing Authority should encourage the development of housing above existing stores in downtown. He also felt the city should encourage the development of two and three -story buildings in the downtown area with commercial uses on the ground . floor, offices on the second floor, and residential uses on the third and upper floors. Councilwoman Billig felt that one issue was that in adopting the General Plan, the city amended the zoning around downtown to professional office uses. She felt that the issue may force the City Council, Planning Commission, and staff to recognize the problem in allowing and encouraging the conversion of residential uses in downtown. She urged the council to direct the staff to look into an action program for council consideration. Mayor Cooper agreed that there should be some way to encourage residential developments and housing in the downtown area. It was moved-by Councilman Jorgensen, seconded by Councilwoman Billig, that the matter be referred to the planning staff for analysis and report of recommendations for the council's consideration on the matter of residential uses in the downtown area. Also, for the staff to coordinate with the Housing Authority and Planning Commission a program for implementation. Motion carried on the following.roll call vote: ' AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None 9:25 p.m., the City Council adjourned to Executive Session. 9:35 p.m., the City Council reconvened in Regular Session with all council- members present. There being no further business to come before the City Council, Mayor Cooper adjourned the meeting to 6:30 p.m., Wednesday, May 2, 1979, in the Banquet Room at the Motel Inn on Monterey Street. r Approved by City Council 6/19/79 J. tzpatrick, City Clerk 1