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07/06/1982M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 6, 1982 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: Ron Dunin City Staff Present: Paul Lanspery, Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Steve Henderson, Human Relations Commission Coordinator; Mike Dolder, Fire Chief; Geoff Grote, Assistant Administrative Officer; Roger Neuman, Police Chief; Dave Romero, Public Services Director C O N S E N T C A L E N D A R C -1 CLAIMS AGAINST THE CITY On motion of Councilman Griffin, seconded by Councilman Settle, the claims against the City for the month of July, 1982, be approved and ordered paid subject to the approval of the City Administrative Officer. Motion carried, Councilman Dunin absent. C -2 COUNCIL MINUTES On motion of Councilman Griffin, seconded by Councilman Settle, the following minutes be approved as amended: Tuesday, May 11, 1982 - 4:30 p.m.; Tuesday, June 1•,1982 - 7:00 p.m.; Thursday, June 3, 1982 - 4:00 p.m.; Monday, June 7, 1982 - 12:10 p.m.; Tuesday, June 8, 1982 - 7:00 p.m.; Wednesday, June 9, 1982 - 4:00 p.m.; Monday, June 14, 1982 - 12:10 p.m.; Tuesday, June 15, 1982 - 7:00 p.m.; Thursday, June 17, 1982 - 4:00 p.m. Motion carried,, Councilman Dunin absent. C -3 CONTRACT PAY ESTIMATES On motion of Councilman Griffin, seconded by Councilman Settle, the contract pay estimates and change orders be approved and ordered paid. Motion carried, Councilman Dunin absent. C -4 CLAIM AGAINST THE CITY - On motion of Councilman Griff against the city by Robert W. water heater allegedly caused on Garfield Street be denied. C -5 TRAFFIC WORK ORDERS ROBERT LUTZ in, seconded by Councilman Settle, claim Lutz for property damage to claimant's hot by city working on the water main located Motion carried, Councilman Dunin absent. On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4880 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving traffic work orders for the months of April, May and June, 1982. City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 2 Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -6 DESTRUCTION OF RECORDINGS - TELEPHONE & RADIO COMMUNICATIONS On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4881 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving destruction of certain police recordings of telephone and radio communi- cations pursuant to Section 34090.6 of the Government Code. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -7 STREET ABANDONMENT - BRIZZOLARA On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4882 (1982 Series), a resolution of intention to abandon a portion of Brizzolara Street right -of -way at the southerly end adjacent to U.S. Highway 101 and setting a public hearing for August 3, 1982 at 7:10 p.m. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -8 TOWING SERVICE AGREEMENT On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4883 (1982 Series), a resolution of the Council of the City of San Luis Obispo for a towing services agreement between the City and Auto Recyclers of San Luis Obispo for towing of abandoned cars from City streets and private property. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin C -9 SUBDIVISION ORDINANCE Upon general consensus this item was continued to the July 13, 1982, Council Meeting. (4 -0) C -10 MASS TRANSPORTATION COMMITTEE APPOINTMENTS On motion of Councilman Griffin, seconded by Councilman Settle, to appoint Bill Doyle and reappoint Wanda Strassburg to the Mass Transpor- tation Committee filling two recent vacancies for two -year terms expiring March 31, 1984. Motion carried, Councilman Dunin absent. City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 3 P U B L I C H E A R I N G S 1. FINAL PASSAGE OF ORDINANCE NO. 928 - BINGO REGULATIONS Council held a public hearing to consider the final passage of an ordinance adding a section to conform the City's ordinance with amend- ments to the State law on bingo regulations. George Thacher, City Attorney, briefly reviewed the Council Agenda Report (File No. 704) recommending that the Council give final passage to the ordinance. Mayor Billig declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, to give final passage to Ordinance No. 928'relating to bingo regulations. Finally passed on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin 2. INCREASING BED TAX.FROM 6 TO 9 PERCENT George Thacher,.City Attorney, reviewed two resolutions before the City Council (File No. 296 & 320). The first resolution calling a special election to be held November 2, 1982 for the purposes.of increasing the City's transient occupancy tax and to fund the purchase, development, maintenance and operation of a community performing arts center, new library and extension of Mission Plaza. The second resolution would require the Board of Supervisors consolidate the City's special munici- pal election with the State -wide general- election. Mayor Billig declared the public hearing open. Chris Coffer, President of the Motel Association and owner of Howard Johnson's, stated that although they were supportive of having proposed facilities sometime in the future, the Association totally opposed a 3% tax for funds to be earmarked for this purpose. He felt that it was unfair for the tourists to pay for all of it and that it could be more fairly distributed among the populace. Sally Punches, President of the Chamber of Commerce, requested that the Council continue this item until the Chamber of Commerce could meet with the Chamber Board and Motel Owners. This was not to construe that they were either opposed or supportive but that they needed additional time to evaluate the proposed tax. David Hughes felt the proposal, as presently written, was too broad and discriminatory. Although as a logical source for a community center, he felt it needed further evaluation. Especially in lieu of the fact that this would be used primarily by residents,:not by tourists. Jess Norris, 1147 Wilding Lane and a motel owner, agreed that the bed tax be postponed. He felt that although the proposal was a worthy one, he did not feel a performing arts center was going to be accomplished by the increased $300,000 a year, or that the funds accumulated would be sufficient for either the building or maintenance of these future facilities. This was especially true given the minus inflation factor. He would however be in favor of earmarking the existing portion of the bed tax for whatever the Council might wish. He felt that the govern- ment should exist on the money it has, that was what Prop 13's message was all about. The proposed 50% increase would result in fewer jobs as there would be fewer rooms rented. City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 4 Jerry Hempenius, hotel owner, agreed with comments made by Mr. Norris that Prop 13 was approved to prevent this type of tax increase. Hotel occupancy was already 22% down this year and this would be extremely hurtful. Further, the bed tax had already been defeated in the cities of Pismo and Atascadero. Paso Robles had previously raised the bed tax to 8% and subsequently lowered it to 6 %. Further, this taxing would only be hitting one type of person, the tourist, which was not equitable. He felt the hotels already were paying their fare share between business license taxes, property taxes, etc. He felt this was aimed at hurting small businessmen and the present business cycle and timing was inappro- priate. He did feel that if they were going to increase the tax let it be the user tax at possibly a 1% increase. Mayor Billig declared the public hearing closed. Councilman Griffin explained that although he was sensitive to the concerns of the motel industry, he felt that the decision as to whether or not to increase this tax should be given to the citizens to decide as it was the citizens who have been asking the City to provide these types of facilities and if they truly want them, then an election would be the proper method for the increase. He would, however, not be opposed to continuing the item until the Chamber had an opportunity to fully study the matter. Councilwoman Dovey agreed that this was a difficult decision to try to balance the request of citizens asking for these types of facilities versus an increased tax. She did feel that most of the western states, however, were already charging between 8 and 10 %.bed tax.. This City was relatively low in comparison. She saw that if the bed tax was successful and the facilities subsequently built we would at least have something to show for the money being spent. Without the tax ticket costs would need to be raised so somebody had to be hit one way or the other if these types of facilities were to be constructed. She would be willing to continue it for the Chamber to look at it more closely, however she questioned what the timing was to get it to the Board of Supervisors. Pamela Voges, City Clerk, explained that the deadline to get it to the Board of Supervisors was July 14, which would be a tight schedule to achieve if held over. Councilman Settle stated he could support the bed tax. The tax would have to pass the electorate.by a two- thirds vote making it clear that the funds would be earmarked for this purpose only. This would be a conscious decision by the voters if in fact these facilities are desired. Mayor Billig agreed. She would prefer to move ahead and let the voters decide. It would create amenities that will be bringing additional people to San Luis Obispo. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4884 (1982 Series), a resolution of the Council of the City of San Luis Obispo calling for a special election to be held November 2, 1982, for the purposes of increasing the bed tax from 6 to 9% with amendments as submitted by Councilwoman Dovey and Councilman Griffin. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig NOES: None ABSENT: Councilman Dunin On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4885 (1982 Series), a resolution of the Council of the City of San Luis Obispo consolidating City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 5 the City's special election with the State -wide general election with amendments submitted by Councilwoman Dovey and Councilman Griffin. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig NOES: None ABSENT: Councilman Dunin 3. EXTENSION OF MORATORIUM ORDINANCE RELATING TO VIDEO GAME AMUSEMENT George Thacher, City Attorney, presented the staff report (File No. 704) explaining that this would extend the present moratorium ordinance for amusement centers for an additional eight months. Staff was continuing to prepare the permanent ordinance which would be coming back to the Council during this time. Mayor Billig declared the public hearing open. No one spoke for or against the proposed moratorium. Mayor Billig declared the public hearing closed. Councilman Settle felt the ordinance was too exclusionary and prohibi- tive and could not support it. George Thacher explained that this ordinance required a four - fifths vote of the Council in order to be adopted. On motion of Councilwoman Dovey, seconded by Councilman Griffin, to adopt the interim urgency ordinance extending the moratorium on the establishment of electronic amusements centers for a period.of eight months. Motion failed on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Mayor Billig NOES: Councilman Settle ABSENT: Councilman Dunin After brief discussion, and upon general consensus, to direct staff to bring this moratorium ordinance back at the July 13, 1982, Council meeting. (4 -0) 4. TIME EXTENSION FOR MINOR SUBDIVISION 80 -25 Council held a public hearing to consider a Planning Commission recommen- dation to approve a 6 -month time extension for submission of final map for minor subdivision No. 80 -25 combining 3 lots into 1 lot, located at 3183 Duncan Road, M zone; Jerry Reiss, subdivider. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4886 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving a 6 -month time extension for submission of the final map for minor subdivi- sion No. 80 -25. Toby Ross, Community. Development Director, briefly reviewed the:Planning Commission's recommendation on a 6 -0 vote to approve the requested 6 -month time extension subject to all findings and conditions of previous tentative map approval. Mayor Billig declared the public hearing open. No one spoke for or against the proposed time extension. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4886 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving a 6 -month time extension for submission of the final map for minor subdivi- sion No. 80 -25. City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 6 Passed and adopted on the.following, roll call.vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin 5. TENTATIVE MAP APPROVAL FOR MINOR SUBDIVISION 82 -93 Council held a public hearing to consider a Planning Commission recommen- dation to grant tentative map approval for minor subdivision 82 -93 to create a 4 -unit office air -space condominium, located at 21 Santa Rosa Street; Santa Rosa Street Project, subdivider. Toby Ross briefly reviewed the Planning Commission recommendation to grant approval of the tentative map with the findings and conditions as submitted.. Mayor Billig declared the public hearing open. No one spoke for or against.the.proposed.tentative map. Mayor Billig.declared the public hearing.closed. . On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4887 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving the tentative map for minor subdivision 82 -93 as recommended by the Planning Commission. . Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey; Griffin a nd.Mayor:Billig NOES: None ABSENT: Councilman Dunin 6. TENTATIVE MAP.APPROVAL FOR MINOR SUBDIVISION 82 -103 Council held a public hearing to consider a Planning Commission recommen- dation to grant tentative map approval for minor subdivision No. 82 -103 to combine 3 lots into 1 lot, located at 455 Brizzolara Street; R -1 -PD zone; Leo M. Evans, subdivider. Toby.Ross briefly reviewed.the Agenda Staff Report .(File No. 430) and explained that on a 7 -0 vote, recommended Council approval of the subdivision subject to findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. No one spoke for or against the proposed subdivision. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, the. following resolution was introduced: Resolution No. 4888 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving tentative map for minor subdivision 82 -103 as recommended by the Planning Commission. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig NOES: None ABSENT: Councilman Dunin 7. APPEAL OF PLANNING COMMISSION - DEGROOT City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 7 Council held a public hearing of an appeal of the Planning Commission decision denying tentative map approval for minor subdivision 82 -113 to combine 2 lots into 1 lot, located at 1015 Buchon Street; R -2 zone; Rokus DeGroot, subdivider. Toby Ross reviewed the Agenda Staff Report (File No. 407) and stated that the Planning Commission had denied the application on a 5 -2 vote but that staff was recommending upholding the appeal subject to five 1 findings and one condition as noted in the resolution. There were two resolutions before the Council, either granting approval or denying approval. Mayor Billig declared the public hearing open. Frank Cannon, 1020 Pismo Street, was opposed to the lot combination and urged the Council's support of the Planning Commission's denial. Martha Steward, 1053 Islay Street and a spokesperson for the Old Town Association, urged the Council to deny the appeal. She felt that combining the two lots would be precedent setting and detrimental to the character of this neighborhood. The 50 foot lots are the norm and this was the exception. She felt the 100 foot lot would also probably end up with an oversized building. She was afraid that the future could bring different uses to this home, such as a fraternity or sorority house, halfway houses, etc. She felt this area should be given special consid- eration as well as to the development. Joyce McKeen, co -owner of the lot at 1050 Buchon Street, felt that the lot would be non - conforming, was inconsistent with the R -2 zoning and the general plan. She felt that r_o. finding or statement of fact had been found for denial. Many beautiful lots were oversized. The signi- ficant homes in this area were on the larger lots. She felt that by combining the two lots would add to the character of the neighborhood, not detract, and would urge Council's support of the appeal. Sjany DeGroot stated that the children who would be housed here are terminally ill and would never even be going outside, the property would be kept up nicely and she would hope that Council support the appeal. Lynnette Connor; Grover City, spoke in support of the appeal and submitted a letter urging Council's support. She felt that this would be adding to the neighborhood not detracting. Pat Dempsey, owner of the property next door, did not feel it would be appropriate to put a larger home in this area. The lot has been in the same position for over a hundred years and he would prefer to keep it that way. Toby Ross explained that a home could not be built on the 50 foot lot as it would be non - conforming. Dick Jorgensen, 1057 Buchon, spoke in opposition to the appeal. He was afraid that within 5 to 25 years there would be a larger building on the lot and the use would be changed. To allow two buildings would be preferred on the two 50 foot lots and in keeping with the rest of the neighborhood. He felt that the issue centered around the fact that the lot in its present form was non - conforming and.nothing could be built as it presently stood. The existing structure was old and dilapidated and could not be salvaged. The property was worth a great deal of money and they were unable to do anything with it unless they could combine them. He would urge Council's support. He felt that a use permit, properly worded, would protect it from having a different use 25 years down the road. Jack McKeen, also co -owner of the property, agreed with staff's recommen- dation that the lot combination conformed to the zoning, General Plan and the subdivision ordinance and would urge Council's support. Mayor Billig declared the public hearing closed. City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 8 Councilwoman Dovey stated she could make no findings to deny the combin- ation of the lot. She assured property owners that the development of any new structure would be watched carefully and all safeguards to protect the character of the neighborhood would be required. Councilman Settle agreed. He felt that the foster care use issue would have to be discussed at a later time but as far as the combination of the lots, he had no problem. Councilman Griffin stated he would support the appeal and could not support the Planning Commission's denial of the project. He would also look very closely at the development of the new structure and its use. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4889 (1982 Series), a resolution of the Council of the City of San Luis Obispo upholding the DeGroot - appeal and approving the tentative map.for minor subdivision 82 -113 as recommended by staff. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig NOES: None ABSENT: Councilman Dunin 8. TRANSIT BUS GRANT Council held a public hearing to consider approval of.an application for a FHWA /UMTA Section 18 grant to purchase one transit coach. Dave Romero, Public Services Director, briefly reviewed the Agenda Staff Report (File No. 540) and recommended that Council adopt the resolution authorizing application for the new Section 18 grant to purchase a transit coach. Mayor Billig declared the public hearing open. No one spoke for or against the proposed application. Mayor Billig declared the public hearing closed. On motion of Councilman Griffin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4890 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an application for a FHWA /UMTA Section 18 grant to purchase one transit coach. Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin 8:20 p.m. Mayor Billig declared a recess Councilman Dunin absent. 9. HRC GRANTS -IN -AID RECOMMENDATIONS 8:35 p.m. Council reconvened, Council considered 17 grant applications and recommendations by the Human Relations Commission. � —J 1 17 1 City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 9 MaryAnn Vasconcellos, member of the Human Relations Commission, reviewed the 17 requests made to the Commission and stated she was available for any questions. Steve Henderson, HRC Coordinator, explained that requests totalling $122,000 plus had been received from 17 agencies. The Commission had spent over 20 hours reviewing these applications and were now recom- mending a total of $60,206 for 12 of the organizations. Staff was recommending $59,200 for 12 organizations also but not the same as the HRC recommendations. He'did note EOC and Grass Roots II funding was contingent upon matching grant funds from the City if-they were to receive any funding from the County. Lieutenant Carol Anderson, Salvation Army, stated that in the last year they had served an additional 394 people from January 1, 1981 through January of 1982. There was definitely a growing need and she would urge Council support. John Rowles, representing the Family Services Center, appreciated the recommended action by the HRC and would hope Council would support it. Mary Kunz, RSVP Shared Housing, stated the organization had provided support for 466 people since the proposal had been made and would also urge approval of the recommended action. Tom Brenninger, from the Board of Directors of the Area Agency on Aging, spoke in support of their request for $5,000 and disagreed with the HRC recommendation for no funding. He did- :not-'feel it was a duplicate effort being served by another organization and would hope Council would reconsider their request. Willie Lisko, representing the Women's Recovery Home for Alcoholism, explained what the requested monies had been for. They hoped to get a 1 down payment on a house and it would include utilities, etc. She would hope they would support their request for $15,000. Due to the economic situation, women today need this service more than ever. Pete Dunan, a volunteer with the Women's Shelter, asked the Council to reconsider the.HRC's recommendation for no funding and to.support. staff recommendation for any amount. He would suggest 40% of the rent for the first year. Bill Whitmeyer, representing Hotline, thanked the HRC for the recommended action and would urge Council's support. They're doing a larger volume and a heavier intensity due to the economic situation. Maureen Dixon, representing the YMCA, asked Council to support the recommended action. They are proposing a screening process for young people, and are in the process of hiring instructors. Jackie Megow, representing Hospice, stated that since 1982 the demand for their services has more than doubled because of the awareness of the service. Upon question she stated that seed money had been received approximately 3 or 4 years ago but that,the program being requested today is: different than that first submitted. Dan Herron, representing EOC Volunteer Bureau, stated that they would have matching funds from the County up to $6,300, contingent upon City funds, and would urge Council's support of the recommended action for $4,350. David Singleton, Friendship-School, also hoped the Council would.support the $5,945 request. Andrea Schacht, representing the San Luis Obispo Child Development Center, was grateful for the recommendation by staff and urged Council's support. City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 10 Van O'Neill, of the Board of Directors of Grassroots II, stated that Grassroots has strived in the last year to develop an efficient organi- zation. That Cal Poly was continuing to support them and the'County would provide matching funds up to $9,600 provided the City also matched those funds. He felt the.City was the.main.benefactor for these services and urged Council's support. Nolanda Yodel, representing the Community Mental Health-Senior Outreach Program, explained that this was a community based program for the elderly. It was a needed service'and she would urge Council's-support. Vicky Tolley, representing the Special Olympics Program, was available for questions, appreciated the recommendation by staff and HRC and urged Council's approval. Councilman Settle suggested appropriating an additional $10,000 to .bring the total to $60,000 for available funds. He felt that.the HRC-did a tremendous job and could support their recommended actions. Councilwoman Dovey stated she could not support an additional $10,000 as they had only just approved the budget and she was comfortable with the $50,000 budget. Councilman Griffin stated he would prefer to evaluate the proposals and see where they came out before appropriating additional money. Councilman Settle stated he would like to see the Women's Shelter and the Senior Center be given future consideration. He suggested prorating the funds across the board to make up the loss in revenues. The Council then took each organization separately, drawing consensus as follows: AMOUNT RECOMMENDATIONS AGENCY REQUESTED STAFF HRC COUNCIL 1. Salvation Army $10,000 $10,000 $10,000 Voucher basis•(5 -0) 2. Family Services 3,000 3. RSVP /Senior Home Share 5,000 4. SLO Senior Center 1;200 (request withdrawn by applicant.) 5. Women's Shelter 6,000 3,000 3,000 $ 3,000 (4 -0) 5,000 5,000 5,000 - one time seed money (3 -1) -0- -0 -. 6,000 -0- 6. Hotline 7,400 7,400 7,400 7. Women's Recovery Home 15,000 -0- -0- 8. YMCA- 1,000 ..1,000 1,000 9. Hospice 1,500 10. SLO Transitions 5,000 11. EOC /Volunteer Bureau 17,398 1,500 1,500 -0- -0- 4,350 4,350 12. Friendship School, Inc. 5,945 5,945 5,945 -0- (4 -0) -0 Denied without prej- udice (3 -1) 72400 (4 -0) -0- Denied without prej- udice (4 -0) 1;000 (3 -1) 1,500. (3 -1) -0- (4 -0) 4,350 One time seed money (4 -0) 5,945 (4 -0) 1 i 1 City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 11 13. SLO Child Development 12,450 12,450 9,711 9,711 One time seed money (4 -0) 14. Community Mental Health, Senior Out- reach Program 3,000 2,555 3,000 -0- (3 -1) 15. Grassroots II, Inc. 20,000 -0- 6,300 -0- Denied without prejudice (3 -1) 16. Special Olympics 3,000 3,000 3,000 3,000 (4 -0) 17. Area Agency on Aging 5,000 -0- -0- -0- Denied without prejudice (4 -0) 59,200 609206 509906 On motion of Councilman Griffin, seconded by Councilman Settle, to approve the HRC recommendations as amended. Motion carried, Councilman Dunin absent. 9:40 pm. Mayor Billig declared a recess. 9:45 p.m. City Council recon- vened, Councilman Dunin absent: 10 SIDEWALK SALES Council considered an ordinance to regulate sidewalk sales. Geoff Grote, Assistant Administrative Officer, reviewed the Agenda Staff Report (File No. 533) and recommended that Council pass to print the ordinance marked Exhibit 2 for the purpose of regulating the sidewalk sales and direct the City staff to review the ordinance in one year for possible amendments. Mayor Billig asked for public comment. Doug Schaur, downtown merchant, felt that there was no evidence, as shown in the ordinance,!that would cause a detrimental health or safety problem. Nor was the aesthetics being damaged. He felt that.the ordinance was being too strict. He felt the sidewalk sales increased volume for the downtown overall. He felt it was an invasion of privacy and adding additional bureaucracy to create such an ordinance. He also felt that the ordinance, in determining the validity of the insurance to the approval of the City Attorney, was unnecessary. Geoff Grote explained that the liability insurance was included as part of the ordinance at the request of the Council but left sufficient flexibility with different insurance carriers. June Clark, owner of a florist shop in San Luis Obispo, questioned whether or not this was downtown or a citywide ordinance. She was adamantly opposed to allowing flower stands. She felt it was hurtful to established businesses as those people do not require business licenses, fire extinguishers, special bathrooms for the handicapped, variances, etc. She would not object to occasional sidewalk sales but she felt that the florist shops on the street corners are becoming a regular business. They don't pay sales tax; they:do not add to the quality of life in San Luis Obispo. Mayor Billig explained that this ordinance did not deal with street vendors but was solely concerned with established businesses in down- town. City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 12 Bob Douglas, owner of Rascos, stated he was supportive of Saturday sidewalk sales and would support the Exhibit 2 ordinance and urged Council's approval. Kathy Silva, B.I.A. Chairman and owner of Western Caballero Wear, stated she was available for any questions. Del Green, downtown merchant, stated that he was dependent upon the sidewalk sales for over 10% of his income. He felt they brought more money to the City treasury and would be supportive of Council adoption of Exhibit 2. After brief discussion it was moved by Councilman Griffin, seconded by Councilman Settle, that the following ordinance be introduced: Ordinance No. 929 (1982 Series), an ordinance regulating the use of the public sidewalks for the conduct of sales with amendments as submitted by Councilman Griffin and Councilwoman Dovey with review by staff in one year. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin On motion of Councilman Griffin, seconded by Councilman Settle, to direct staff to prepare a resolution excluding fees for sidewalk sales. Motion carried, Councilman Dunin absent. 11. CAC - ESTABLISHING AS A TECHNICAL COMMITTEE Geoff Grote briefly reviewed the Agenda Staff Report (File No. 120) and stated that the Council had two items for their consideration: 1) an ordinance that would repeal the present Ordinance 904, which established the Citizens' Advisory Committee initially; and 2) a resolution that would establish the Citizens' Advisory Committee as a technical committee. He also noted amendments as suggested by Councilman Griffin. Mike Nelson, CAC Chairperson, stated that by unanimous vote of the CAC that the committee was rejecting the ordinance and they had submitted a formalized organizational chart showing the structure that they recommended they could live with as opposed to the organizational chart recommended by the Administrative Officer. Invut 1 1 Citizens I CAC ORGANIZATIONAL CHART 1 City Council CAO I Long Range I Planning IP.I Special .Purpose. CAO ORGANIZATIONAL CHART City Council CAC CAO 1 1 City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 13 He added that the Committee on May 21 had requested a study session by the Council to increase communications following the Council's memoran- dum stating that if they would like a study session they would be happy to meet with them. On May 24 CAC found to their surprise that the Committee was being abolished. He felt that this was especially unfair as they had been trying to work with the Council with some new member- ships. He felt that they would lose at least 90% of the membership if the Council were to try to reorganize. .. Mayor Billig re- emphasized that the Council's intent was not to abolish the CAC but rather to address a work program and develop a better communication between the Citizens' Advisory Committee and the Council. She valued the CAC's recommendations and urged their working together. Mike Nelson stated he felt that they were abolishing the citizen input because they would now be reporting to the Administrative Officer and not to Council. Pete Dunan, CAC member, felt that the Committee had communicated on a regular basis. They had requested assignments from the Council, when they received none they looked on their own. He felt they were an important advisory body and he didn't mind the Council disagreeing or not taking the Committee's recommendations but he felt it was a matter that they were no longer listening to the CAC. He did not wish to spend his time working as an advisory member to the,Administrative Officer. He felt this was a grave mistake. He felt this was the only advisory body that linked the citizens to the Council. Further, he felt the advisory handbook was extremely unclear, it needed to'be revised in more definitive language. Councilwoman Dovey stated that the handbook was being revised and regardless of the reasons for lack of communication between the Council and the CAC it was apparent that they were not working together effec- tively. She did not see any difference regarding citizen input just because it was going through the Administrative Officer... She_:felt:_that they would still be getting their input from the citizens and she felt the language in the resolution was still loose enough for them to work on programs in an effective manner. Councilman Settle felt that the CAC had the best membership in its history but the Advisory Body Handbook was not definitive enough and should be rewritten. He would prefer to hold a study session prior to the adoption of the new resolution establishing them as a technical i committee. He felt that Mr. Apfelberg's comments deserved study and possible inclusion in the resolution. Mayor Billig felt that the citizen input was extremely important and would encourage the CAC to seek out what is important to the community funneling this information to the Council. She stated that the CAO was the closest person to the Council and information would be sure to be communicated to the Council. The handbook with a new document was not expected to handle all the problems and would be revised. She felt the Hank Apfelberg, CAC member, made several recommended changes to the proposed resolution establishing them as a technical committee (File No. 120). 1 Councilman Griffin felt that the Citizens' Advisory Committee history has been a long one and only recently a meritorious one. He felt that their recommendations should not be ignored and wanted to see their work products effective. He would therefore support the reorganization. He felt it would help to unify the Council and the CAC. He felt that there had been numerous problems with communications and he took part blame for the responsibility as the liaison in not developing better communi- cations. He hoped that the reorganization would not result in massive resignations but would urge them to stay on, try the new reorganization and he did agree that the handbook needed to be revised. Councilwoman Dovey stated that the handbook was being revised and regardless of the reasons for lack of communication between the Council and the CAC it was apparent that they were not working together effec- tively. She did not see any difference regarding citizen input just because it was going through the Administrative Officer... She_:felt:_that they would still be getting their input from the citizens and she felt the language in the resolution was still loose enough for them to work on programs in an effective manner. Councilman Settle felt that the CAC had the best membership in its history but the Advisory Body Handbook was not definitive enough and should be rewritten. He would prefer to hold a study session prior to the adoption of the new resolution establishing them as a technical i committee. He felt that Mr. Apfelberg's comments deserved study and possible inclusion in the resolution. Mayor Billig felt that the citizen input was extremely important and would encourage the CAC to seek out what is important to the community funneling this information to the Council. She stated that the CAO was the closest person to the Council and information would be sure to be communicated to the Council. The handbook with a new document was not expected to handle all the problems and would be revised. She felt the City Council Minutes Tuesday, July 6, 1982 - 7:00 p.m. Page 14 lack of clear direction had resulted in frustration to the members. She would hope this would resolve much of that. Councilman Settle moved toltable the item pending a study session. Motion died for lack of a second. On motion of Councilman Griffin, seconded by Councilwoman Dovey, the following ordinance was introduced: Ordinance No. 930, an ordinance repealing Ordinance 904 which established the Citizens Advisory Committee. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Mayor Billig NOES: Councilman Settle ABSENT: Councilman Dunin On motion of Councilman Griffin, seconded by.Councilwoman Dovey, the following resolution was introduced: Resolution No. 4891 (1982 Series), a resolution of Council of the City of San Luis Obispo establishing the Citizens' Advisory Committee as a continuing.special purpose committee as amended. Passed and adopted on the following roll call. vote AYES: Councilmembers Griffin, Dovey.and Mayor Billig NOES: Councilman Settle ABSENT: Councilman Dunin 11:00 p.m. Council adjourned to closed session to discuss personnel and litigation matters. 1:02 a.m. Council reconvened in open session. 1 Councilman Dunin absent. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 1:05 a.m. to Tuesday, July 13, 6:40 -p.m. P ela Voges, City Clerk APPROVED BY COUNCIL: 8/3/82 1