HomeMy WebLinkAbout06/17/1997MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 17,1997- 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Dodie Williams, Vice Mayor Bill
Roalman, and Mayor Allen Settle
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Bonnie
Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold
Jonas, Community Development Director; Bill Statler, Finance Director; Jim
Gardiner, Police Chief; Bob Neumann, Fire Chief; Ann Slate, Director of
Personnel; John Moss, Utilities Director; Mike McCluskey; Public Works
Director, Paul LeSage, Parks and Recreation Director.
CLOSED SESSION REPORT
Property: Bishops Peak Acquisition
Negotiating Parties: City of San Luis Obispo: Ken Hampian
Neil Havlik
Property Owner Representative: Ray Bunnell
Negotiation: Whether to Acquire
City Attorney Jorgensen reported that no action was taken at the closed session.
COMMUNICATION
Council Member Williams reported that several students from Los Ranchos School, where she
recently visited, are present at tonight's meeting, and that she is impressed by the students' interest
and knowledge in civics.
PUBLIC COMMENT PERIOD
There were no speakers under public comment.
Vice Mayor Roalman noted that a correction to page 5 of the May 20'" minutes should be made,
adding that Keith Gurnee expressed concerns regarding neighborhood compatibility and scale of the
building.
Council Member Smith stated that she would be voting no on Item C5 because she disagrees with
allocating the money for the projects from enhanced promotional funds.
Mayor Settle noted that the resolution for Item C4 has been revised.
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Council agreed to remove Item C6 from the consent calendar for discussion.
CONSENT AGENDA ,
Moved by RomeroWilliams to.approve the Consent Agenda, except Item C6, as recommended by the
City Administrative Officer; motion carried (5 -0).
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City Council Meeting
Tuesday, June 17,1997- 7:00 p.m.
C1. COUNCIL MINUTES
Council considered of the minutes of:
Monday, May 19,1997 at 7:00 p.m.;
Tuesday, May 20,1997 at 6:15 p.m.;
Tuesday, May 20, 1997 at 7:00 p.m.;
Thursday, May 22,1997 at 7:00 p.m.; and
Tuesday, May 27,1997 at 7:00 p.m.
Page 2
Moved by RomerolWilliams to waive oral reading and approve minutes as amended; motion
carried (5 -0).
C2. APPROPRIATIONS LIMIT (File No. 234)
Council considered establishing the appropriations limit for fiscal year 1997 -98.
Moved by Romero/Williams to adopt Resolution No. 8681 establishing the City's appropriation limit
for 1997- 98; motion carried (5 -0).
C3. DIVISION OF 805 AREA CODE (File No. 202)
Council considered supporting the "east- west" division of the 805 area code and retention of the
existing 805 area code designation by the "west" area.
Moved by RomeroWill'wms to adopt Resolution No. 8682 supporting "east- west" division and
retention of the 805 area code by the "west "; motion carried (5 -0).
C4. DELINQUENT SOLID WASTE AND DISPOSAL ACCOUNTS (File No. 142)
Council considered authorizing the San Luis Obispo County Assessor to assess the amounts due
to the San Luis Garbage Company on delinquent accounts for provision of solid waste collection
and disposal services as liens against the properties involved.
Moved by RomerolWilliams to adopt Resolution No. 8683 authorizing County Assessor to assess
amounts due on delinquent accounts as liens against properties; motion carried (5 -0).
C5. ENHANCED PROMOTIONAL FUNDS (File No. 1054)
Council considered of recommendations by the Promotional Coordinating Committee for
allocation of Enhanced Promotional funds as follows: $4,000 to print 3,000 brochures for the
World Association of Symphonic Bands and Ensembles Conference; $1,200 to purchase slide
sets for media promotion; $1,500 to create a new tourism web site, separate from the Chamber of
Commerce's regular web site; and, $2,000 to purchase software which will allow linkage between
the Chamber of Commerce's Calendar of Tourism Events database and the new tourism web site.
Moved by RomerolWilliams to approve the PCC's recommendations for use of Enhanced
Promotional Funds; motion carried (4 -1, Smith opposed).
C6. CITY ENTRY SIGNS (File No. 95-46)
Council considered 1) rescinding Council action of June 3,1997, award of contract to Maino
Construction, and awarding a contract in the amount of $68,198 to Vernon Edwards Constructors;
2) rescinding Council action of June 3, 1997 transferring $35,211 to the project budget,.and
authorizing the transfer of $28,135 to the project budget.
Public Works Director McCluskev gave a brief staff report, stating that the award of the contract
City Council Meeting
Tuesday, June 17,1997- 7:00 p.m.
should have gone to Vernon Construction, or the project should be rebid.
Mayor Settle opened the floor for public comment.
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George Gibson, SLO, stated that he disagrees with spending $68,000 to place a monument sign at
the entry of the city, because the Cal Trans signs already provide the needed information for
travelers. He asked Council to reconsider.
Natalie Diggins, Chair of PCC, responded that the City needs a unique sign that reflects the
uniqueness of the community, and that the goal is to drive tourism into San Luis Obispo. She asked
that the bid be awarded without further delay.
Ann Crookshanks. PCC Member, stated that criteria set by the ARC caused the sign to be more
expensive than originally planned. She asked Council not send the sign back to rebid.
Vice Mayor Roalman noted for the record that he will vote no because the sign is too big and not a
prudent use of public money.
Council Member Romero stated for the record that he believes it would be worthwhile to rebid the
project.
Moved by Williams /Smith to rescind previous Council actions and award contract to
Vernon Edwards Constructors, and transfer $28,135 to the project budget; motion carried (3 -2,
Roalman, Romero opposed).
COUNCIL LIAISON REPORTS
CLR1. Council Member Smith reported on the recent CERT classes she attended, stating that she
highly recommends the training.
CLR2. Council Member Romero reminded the Council that the Channel Counties League meeting
will be in Filmore on Friday, June 271'.
CLR3. Vice Mayor Roalman reported that SLOCOG will meet tomorrow, June 18"', at 9:00 a.m. at the
Library regarding Federal and State transit funds.
PUBLIC HEARINGS
1. 1997 -99 FINANCIAL PLAN
Mayor Settle clarified that there is nothing on the agenda pertaining to the Cal Poly Sports complex
tonight, but that the budget simply sets aside funds for youth sports fields.
A. DEVELOPMENT REVIEW USER FEES (File No. 109)
Council held a public hearing to consider amending the Community Development Department
Planning Services Fee schedule related to sidewalk sales permits, Christmas tree /pumpkin lot
permits, fence height exceptions, voluntary mergers and agreements, to become effective
September 1, 1997.
Community Development Director Jonas presented details regarding the fee schedule.
Finance Director Statler clarified that fees are only charged for recorded agreements.
Mayor Settle opened the public hearing, and having no requests to speak, closed the public hearing.
City Council Meeting
Tuesday, June 17,1997- 7:00 p.m.
Page 4
Moved by Williams /Smith to adopt Resolution No. 8684 setting planning fees as follows: Sidewalk
Sales Permits - $46.00; Christmas Tree/Pumpkin Lot Permits - $21.00; Fence Height Exceptions -
$85.00; Voluntary Mergers - $84.00; and, Agreements - $86.00; motion carried (5 -0).
B. FIRE INSPECTION FEES (File No. 109)
Council held a public hearing to consider establishing fees for excessive visit fire inspections to be
levied for third and subsequent inspections, effective September 1, 1997.
Fire Chief Neumann presented the staff report, stating that the fee will most likely reduce the number
of excessive fire inspections.
Mayor Settle opened the public hearing, and having no requests to speak, closed the public hearing.
Moved by Roalman/Smith to adopt Resolution No. 8685 setting a fee of $103 for excessive fire
inspections; motion carried (5 -0).
C. FINAL BUDGET ADOPTION (File No. 233)
Council held a public hearing to consider final adoption of the 1997 -99 Financial Plan and 1997 -98
Budget.
CAO Dunn introduced the item. Finance Director Statler gave a brief overview of the Operating
Programs and Capital Improvement Program.
Mayor Settle opened the public hearing.
Steven Marx, 265 Albert Drive, cautioned the Council against sharing sports fields with Cal Poly,
stating environmental concerns. He stated that he is in favor of budgeting money for youth athletic
fields, if the City does not partner with Cal Poly.
Council Members clarified that the adoption of the budget document only sets aside money for
athletic fields, but does not approve any agreement with Cal Poly.
Richard Kranzdorf, SLO, asked Council to look at alternative sites for youth sports fields rather than
on the Cal Poly campus.
Having no further requests to speak, Mayor Settle closed the public hearing.
Vice Mayor Roalman stated he will not be voting for the budget document, because he disagrees
with the allocation money toward the Wells Fargo Parking lot before the alternative parking study is
addressed.
Council Member Romero stated that he will not vote for the budget unless more money is allocated
for street repair and congestion management.
After discussion, moved by Smith /Settle to adopt Resolution No. 8686 approving the 1997 -99
Financial Plan and appropriating funds for fiscal year 1997 -98, with special emphasis on a mid-
year review for the purpose of consideration of allocation of additional funds to the pavement
management plan, and approve carrying -over $40,000 in CDBG funding for homeless services
' center operations from 1996 -97 to 1997 -98; motion carried (3 -2, Roalman, Romero opposed).
2. REGULATION OF TOBACCO PRODUCTS (File No. 703)
Council held a public hearing to consider adopting an ordinance restricting the display of tobacco
products for the purposes of sale and prohibiting the sale of tobacco products to minors.
City Council Meeting
Tuesday, June 17,1997- 7:00 p.m.
Page 5
City Attorney Jorgensen presented the staff report, detailing the requirements of the proposed
ordinance. He clarified that there are minor differences between the FDA rules, which go into
effect August 28'", and the City's ordinance.
Mayor Settle opened the public hearing.
Dr. Chuck Maas, spoke representing Dr. Hansen, stating that he supports the adoption of the
ordinance and that tobacco regulation for youth is an important factor in addressing public health
issues.
Susan Hughes. Grover Beach, SLO Tobacco Control Program, spoke in support of the ordinance,
stating that it will help reduce illegal sales to youth.
Lisa Lopez, Santa Barbara County Health Care Services, spoke in support of the ordinance.
Tom Maier, SLO County Director of Public Health, spoke in support of the proposed ordinance.
Nicole Cofer, Youth Coalition, spoke in support of the ordinance, stating that it will make it more
difficult for youth to purchase tobacco.
Dawn Dunn, Santa Barbara County Health Care Services, spoke in support of the ordinance,
stating that it is pro youth, not anti business.
Bill Franks, local business owner, stated that he opposes the ordinance and that he is careful not
to sell tobacco products to minors.
John (did not give last name), retailer, spoke in opposition to the ordinance, stating that the law
against minors smoking should be enforced with a fine on the minors.
Randy Estes, Cork & Bottle Liquor Store owner, spoke in opposition to the proposed ordinance,
stating that the minors who smoke should be fined, not the merchants.
Karir, AM -PM Owner, spoke in opposition to the ordinance, stating that business owners should
not be punished.
Andy Falker, County Tobacco Control Program, spoke in support of the ordinance, stating that
since it is illegal to sell tobacco products to minors, business owners must take responsibility for
that. He clarified that the ordinance addresses some forms of tobacco that the FDA regulation
does not
Tom Jones, Tobacco Control Coalition for SLO County, spoke in support of the ordinance.
Moved by Smith /Romero to introduce Ordinance No. 1325 to print amending the City's Municipal
Code to include a new chapter restricting the display of tobacco products for the purposes of sale
and prohibiting the sale of tobacco products to minors; motion carried (5 -0).
COMMUNICATIONS
Comm1. Council Member Smith reported on a local Healthy Communities group who is meeting to
address the welfare reform laws which will be going into effect soon.
BUSINESS ITEMS ,
3. LEASE - 45 PRADO ROAD (File No. 484)
Council considered executing a lease of certain City-owned real property located at 45 Prado Road
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City Council Meeting Page 6
Tuesday, June 17,1997- 7:00 p.m.
to the Environmental Center of San Luis Obispo County ( ECOSLO) and approving assignment of
said lease by ECOSLO to RALCO.
Utilities Director Moss presented the staff report.
Mayor Settle opened the floor to public comment.
Frank Sipel, Chairman of ECOSLO, stated that he is pleased to be turning over the operation of the
recycling business to Ralco and urged Council's support.
Steve McGrath, Ralco, asked for Council's support, and indicated that employee parking should
not be a problem.
Mayor Settle returned the discussion to Council.
Moved by Roalman/Smith to authorize the Mayor to execute a lease agreement with ECOSLO;
motion carried (4 -1, Romero opposed).
Moved by Roalman/Smith to authorize the Mayor to execute the assignment of lease to Ralco;
motion carried (5 -0).
There being no further business to come before the City Council, Mayor Settle adjourned the meeting
at 9:30 p.m. to Tuesday, July 1, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis
Obispo.
APPROVED BY COUNCIL: 711197
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