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03/03/19929• m City Council Meeting Page 2 Tuesday, March 3, 1992 - 7:00 P.M. City Staff Present: John Dunn, City Administrative Officer, Ken Hampian, Assistant City Administrative Officer, Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director, Bill Statler, Finance Director, Bob Neumann, Fire Chief; Ann McPike, Personnel Director, Jim Gardiner, Police Chief _- - PUBLIC COMMENT PERIOD There were no public comments. CONSENT AGENDA Moved by Pinard /Roalman, the Consent Calendar was unanimously approved as recommended by the City Administrative Officer with the exception of C -11 as noted. C -1 COUNCIL MINUTES Moved by Pinard /Roalman (5 -0), the following minutes were approved as amended. Tuesday, January 28, 1992 at 7:00 P.M., and Tuesday, February 4, 1992 at 7:00 P.M. C -2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Pinard /Roalman (5 -0) to approve contract pay estimates and change orders and ordered paid as recommended. C -3 CUSTOMER SERVICE PILOT PROGRAM (File No. 516) Council considered giving final passage to an ordinance revising requirements for initiating and discontinuing water service and accepting credit cards for payment of City services as recommended. Moved by Pinard /Roalman (5 -0), Ordinance No. 1204 was given final passage revising requirements for initiating and discontinuing water service and accepting credit cards for payment of City services as recommended. C4 LAGUNA LAKE GOLF COURSE PROJECT (File No. CP P -53L) Council considered plans and specifications for "Laguna Lake Golf Course, Well Development & Irrigation Line Replacement, City Plan No. P -531,", estimated to cost $36,500 including contingencies. Moved by Pinard /Roalman (5 -0), to approve plans and specifications for "Laguna Lake Golf Course, Well Development & Irrigation Line Replacement, City Plan No. P -53L ", authorize soliciting of bids, and contract award by City Administrative Officer if the lowest responsible bid is within the engineer's estimate as recommended City Council Meeting Page 3 Tuesday, March 3, 1992 - 7:00 P.M. C -5 INDEPENDENT AUDIT SERVICES (File No. 221) Council considered an agreement with KPMG Peat Marwick, Certified Public Accountants, to provide annual financial statement audit services for City operations for the fiscal year ending June 30, 1992 at a cost not to exceed $36,000. Moved by Pinard /Roalman (5 -0), to approve and authorize the Mayor to execute an agreement (A- 18- 92-CC) with KPMG Peat Marwick, Certified Public Accountants, to provide annual financial statement audit services for City operations for the fiscal year ending June 30, 1992 at a cost not to exceed $36,000, with an option to extend services for one additional year as recommended. C-0 EIR - SALINAS RESERVOIR EXPANSION PROJECT (File No. 1104) Council considered approving a contract with Woodward -Clyde Consultants for the environmental impact report (EIR) preparation and permitting phase of the Salinas Reservoir Expansion Project estimated to cost $341,300 including contingencies. Moved by Pinard /Roalman (5 -0) to approve and authorize the Mayor to execute a contract (A- 19- 92 -CC) with Woodward -Clyde Consultants for the environmental impact report (EIR) preparation and permitting phase of the Salinas Reservoir Expansion Project as recommended. C -7 WATER CONSERVATION UPDATE (File No. 517) Council considered rescinding the allocation and surcharge components of the 15% mandatory conservation program, to be'effective for all water billing dates after March 3, 1992. Moved by Pinard /Roalman (5 -0), Resolution No. 7081 was adopted rescinding the allocation and surcharge components of the 15% mandatory conservation program, to be effective for all water billing dates alter March 3, 1992 as recommended. C-8 RE -ROUTE STATE HIGHWAY 227 (File No. 1141) Council considered a request by the Business Improvement Association to re -route Highway 227 to avoid conflict with the closure of a portion of the highway during Thursday night activities. Moved by Pinard /Roalman (5 -0), Resolution No. 7082 was adopted requesting Caltrans to initiate action to transfer a portion of State Route 227 to a new alignment as recommended. C -9 BIA BOARD OF DIRECTORS (File No. 123) Council considered approving the appointment of the newly elected Business Improvement Association (BIA) Board of Directors with terms to begin April 1, 1992 and ending March 31, 1994. Moved by Pinard /Roalman (5 -0) to appoint Lynn Cooper, Pam Copeland, Tony Gomez, Bev Johnson, Charlie Kears, Betsey Lyon, and Terry Westrope to the Business Improvement Association (BIA) Board of Directors with terms as recommended. 1 199 200 City Council Meeting Page 4 . Tuesday, March 3, 1992 - 7.00 P.M. C -10 JOINT RECREATIONAL USE ADVISORY COMMITTEE (File No. 123) Council considered re- appointing Barbara Jauregui and Christopher Guenther to the Joint Recreational Use of School District Property Committee with terms to expire March 31, 1996 and March 31, 1995 respectively. Moved by Pinard /Roalman (5 -0) to re- appoint to the Advisory Committee on Joint Recreational Use of School District Property, Barbara Jauregui for the term to expire on March 31, 1996, and Christopher Guenther for the term to expire on March 31, 1995, and forwarded the recommendation to the SLCUSD Board of Trustees for concurrence as recommended. C -11 URBAN STREAM RESTORATION GRANT (File No. 596) Council considered approving a joint application with Central Coast Salmon Enhancement, Inc., for an Urban Streams Restoration Program Grant which names the City of San Luis Obispo as a grant co-sponsor. Moved by Pinard /Roalman (5 -0) to continue this item without further discussion to the next available meeting at the request of Mayor Dunin. C -12 RISK MANAGEMENT PROGRAM (File No. 182) Council considered approving a Risk Management Program for the City of San Luis Obispo. Moved by Pinard /Roalman (5 -0), Resolution No. 7083 was adopted establishing a written Risk Management Program for the City of San Luis Obispo as recommended. C -13 SEISMIC SAFETY CORRECTIONS (File No. 707) Council considered seismic safety structural corrections to City buildings. Moved by Pinard /Roalman (5 -0) to 1) receive and file the summary reports submitted by Howard F. Stup & Associates on structural corrections; 2) approve deferring structural corrections to the attic and roof at City Hall; 3) approve transferring $200,000 allocated for structural corrections at City Hall from the capital outlay fund control account to the general fund unappropriated balance; and 4) appropriate $30,500 in the buildings program operating budget to complete non - structural corrections as recommended. C -14 RESOLUTION OF APPRECIATION Council considered a resolution of appreciation for David F. Romero, Public works Director, for his 35+ years of service to the City of San Luis Obispo. Moved by Pinard /Roalman, Resolution of Appreciation No. 7084 (5 -0) was adopted for David F. Romero as recommended. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. I,� I r� City Council Meeting Tuesday, March 3, 1992 - 7:00 P.M. BUSINESS ITEM Page 5 Moved by Rama /Pinard to take items 2, 3, and 4 out of order and discuss them first. Motion carried unanimously. 2. Aoneal - 1673 La Vineda (File No. 407) Council held a public hearing to consider a public hearing to consider an appeal by Mac Short of an Architectural Review Commission action requiring a 20' setback from riparian vegetation for a house located at 1673 IA Vineda; Mac Short, applicant. Moved by Rapp /Pinard this item was continued without discussion to date certain Tuesday, March 17, 1992. 3. TENTATIVE MAP - TRACT 2090 (File No. 410) Council held a public hearing to consider a Planning Commission recommendation to approve the tentative map for Tract No. 2090 creating an 18 -unit condominium conversion on the north side of Southwood Drive, west of Johnson Avenue (1330 Southwood Drive); R -2PD zone; John Atiya, subdivider. Arnold Jonas. Community Development Director briefly reviewed the agenda report with the recommendation that Council adopt a resolution to approve the tentative map for Tract No. 2090, subject to findings and conditions as recommended by the Planning Commission. Mayor Dunin declared the public hearing open. Jerry Michael, representing the applicant, supported the staff recommendation. Mayor Dunin declared the public hearing closed. Moved by Ranua /Reiss, Resolution No. 7085 was adopted (5 -0) approving the tentative map for Tract No. 2090, subject to findings and conditions as recommended by the Planning Commission and as amended by the City Council. 4. TRANSPORTATION PERMIT FEES (File No. 109) Council held a public hearing to consider amending transportation permit fees in order to bring them into compliance with AB 1849. Bill Statler. Finance Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution amending the permit fees as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed fees. Mayor Dunin declared the public hearing closed. Moved by Reiss /Pinard, Resolution No. 7086 was adopted (5 -0) amending the transportation permit fees as recommended. 201 202 City Council Meeting Page 6 Tuesday, March 3, 1992 - 7.00 P.M. I 1. SEXUAL ORIENTATION NON - DISCRIMINATION ORDINANCE (File No. 626) Council considered alternatives concerning a sexual orientation non - discrimination ordinance, including a recommendation by the Human Relations Commission to initiate such an ordinance. Ann McPike. Personnel Director, reviewed the agenda report with the recommendation that Council 1) consider the recommendation from the Human Relations Commission (HRC) concerning the ordinance and the alternatives as proposed by the HRC; and 2) take an action or provide staff with follow -up direction as deemed appropriate. She then reviewed the background on the issue and subsequent action taken by the Human Relations Commission to endorse an ordinance to prohibit sexual orientations. She provided four alternatives for the Council to review which included 1) approve the recommendation of the HRC to consider the adoption of a comprehensive ordinance prohibiting discrimination on the basis of sexual orientation in employment, housing, business establishments and practices, City facilities and services, educational institutions, and direct staff to return to the next regular Council meeting with the proposed ordinance; 2) direct staff to return with a proposed ordinance to ban sexual orientation discrimination in employment only; 3) adopt a resolution affirming a City policy of non - discrimination against persons based on sexual orientation by amending the City's Affirmative Action Policy to include sexual orientation as a protected class; and 4) make no formal recommendations but await state and /or federal legislation prohibiting discrimination on the basis of sexual orientation and reafrirmed the City's opposition to discrimination. Mayor Dunin declared the public hearing open. Dana Belmonte, President of Gay & Lesbian Alliance, spoke in support of an ordinance banning discrimination. Melody DeMeritt, 848 Mission, spoke in support of an ordinance. Stephan Lamb, an Administrator at Cal Poly, supported an ordinance. Kristen Hazard, 103 Chorro St., spoke in support of the ordinance. Marlie Schmidt, 1332 Pismo St., spoke in support of the ordinance. Mary Reneau. 1005 Tamera Dr„ Oceano, spoke in opposition of an ordinance. Katherine Moon, 431 Lawrence Dr., spoke in support of an ordinance. Marti Fast, P.O. Box 7157, Halcyon, spoke in support of the ordinance. Sherri Foster, 940 Rose Court, Grover City, spoke in opposition of an ordinance. Linda Barra, 1351 Peach St. and a member of the Personnel Board, spoke in support of an ordinance. Robert Lewin, 1332 Pismo St., spoke in support of an ordinance. Bob Gunler, 3978 Sunrose Lane, spoke in opposition of an ordinance. Victor Barbosa, P.O. Box 744, spoke in opposition of an ordinance. Carol Bereer, 1497 15th St., Los Osos, spoke in support of an ordinance. Gael Humnhre v, P.O. Box 5828, spoke in support of an ordinance. City Council Meeting Tuesday, March 3, 1992 - 7:00 P.M. Sue Davis. 967 Broad, spoke in support of an ordinance. Dave Redel, 6160 Parkhill Rd., spoke in opposition of an ordinance. Kirk Stenvall. 1399 S. 4th St., Oceano, spoke in support of an ordinance. Lynn Grizzard P.O. Box 135, spoke in support of an ordinance. Gaye Benson, 1710 Lima Dr., spoke in support of an ordinance. Pearlie Shiulev, 19 S. Tassajara, spoke in opposition of an ordinance. Kelly Andrews. 303 Del Mar Court, spoke in support of an ordinance. Beverly Reed, 1338 8th St., Los Osos, spoke in support of an ordinance. Rev. William Davennort, 3057 S. Higuera #17, spoke in opposition of an ordinance. Damon Skaggs. 555 Ramon Dr., spoke in opposition of an ordinance. Rev. Robert Kincaid. Cambria, spoke in support of an ordinance. Douglas Boersma. 902 Peach St., spoke in opposition os an ordinance. Debra Heumann. 8855 San Gregorio, Atascadero, spoke in support of an ordinance. Eveline Blanchette. 8855 San Gregorio, Atascadero, spoke in support of an ordinance. Hugo Sanchez, 902 Peach St., spoke in opposition of an ordinance. Felma Cotton, 1033 Swazey, spoke in opposition of an ordinance. Walter Rheingans, 3960 S. Higuera #55, spoke in support of an ordinance. Mike Hughes, 9359 Musselman, Atascadero, spoke in support of an ordinance. Albion Bloom, 890 Osos St., spoke in support of an ordinance. Donald Bolton, 2548 Oceanview PI., Los Osos, spoke in opposition of an ordinance. Ryan Wilson, P.O. Box 3313, spoke in support of an ordinance. Mark Swain, 460 Lincoln St„ spoke in support of an ordinance. Rev. Randy Lester, P.O. Box 3313, spoke in support of an ordinance. Bob Bowers, 2201 Lawton, spoke in opposition of an ordinance. 9:00 P.M. Mayor Dunin declared a recess. 9:15 P.M. City Council reconvened; all Councilmembers present. Cal Massey. 3958 Sunrose lane, spoke in opposition of an ordinance. Page 7 203 a City Council Meeting Tuesday, March 3, 1992 - 7:00 P.M. Marc Carnohan. 1456 Tanglewood Court, spoke in opposition of an ordinance. Tim Morbitzer. 1808 Oceanaire Dr., spoke in opposition of an ordinance. Betty Owen. P.O. Box 3313, spoke in support of an ordinance. Deanne Goodwin, P.O. Box 3313, spoke in support of an ordinance. David Parro, P.O. Box 13557, spoke in support of an ordinance. Scott Mason. Fremont #334, Cal Poly, spoke in support of an ordinance. Carroll Leslie. 1202 8th St., Los Osos, spoke in support of an ordinance. James Mendenhall. 1908 Redwood Dr., spoke in opposition of an ordinance. Arnold Stone, P.O. Box 3313, spoke in support of an ordinance. Betty DePaul. 884 Robin Circle, spoke in opposition of an ordinance. Hank Alberts, representing the ACLU, spoke in support of an ordinance. Rita Stone, P.O. Box 3313, spoke in support of an ordinance. Richard Hadeen. 108 Del Norde Way, spoke in opposition of an ordinance. John Mack, 3860 S. Higuera #194, spoke in opposition of an ordinance. Jeo Laurita, 473 Ramona, spoke in support of an ordinance. Archie Lux, 618 A Felton Way, spoke in opposition of an ordinance. Carl Mov. 2419 Laniat Dr., Los Osos, spoke in opposition of an ordinance. Abraham Valencia, 1760 23rd St„ spoke in support of an ordinance. Sergio Reyes, 1147 14th St., Los Osos, spoke in opposition of an ordinance. Paul Valencia, 1760 23rd St., spoke in support of an ordinance. Steve Slofeld, 500 Charles Dr., spoke in opposition of an ordinance. David Friend, 555 Ramona Dr. #132, spoke in opposition of an ordinance. Darrell Blankenship, 1299 11th St., Los Osos, spoke in opposition of an ordinance. Sherry Sudbury, 1121 Orcutt Rd. #49, spoke in opposition of an ordinance. Irene Egan, 3960 S. Higuera Sp. 72, spoke in opposition of an ordinance. George Brudney, 68 Contenta Court, spoke in support of an ordinance. Sandra Blankenship, 1299 11th St., Los Osos, spoke in opposition of an ordinance. Page 8 k r —� �I City Council Meeting Tuesday, March 3, 1992 - 7:00 P.M. Mathew Pem, 180 Broad St., spoke in opposition of an ordinance. Roger Keech. 2080 See Canyon, spoke in opposition of an ordinance. Lloyd Root. 762 Lincoln, spoke in opposition of an ordinance. Jim Boyd 1202 Pismo St., spoke in opposition of an ordinance. Bob Ward. 2100 Andre Ave., Los Osos, spoke in opposition of an ordinance. Rick Huddleston, 770 Peach Apt. C, spoke in opposition of an ordinance. Bob lllmann. 1186 7th St., Los Osos, spoke in opposition of an ordinance. Frank Randise. 755 Buckley Rd., spoke in opposition of an ordinance. David Perez 1247 Vista del Lago, spoke in support of an ordinance. Dr. Audrey Mertz. 2330 Tierra Dr., Los Osos, spoke in support of an ordinance. Gary McCumber. P.O. Box 716, Avila Beach, spoke in support of an ordinance. William Pate, 5776 Tamarisk Way, spoke in support of an ordinance. Beth Piepenburg,5910 El Piepenburg, spoke in opposition of an ordinance. Kelly Condron, 1080 Capistrano, spoke in opposition of an ordinance. Ian Pere z, 656 Toro St., spoke in support of an ordinance. Stewart Clyde 1049 Higuera St., spoke in support of an ordinance. Louise Heisler, 499 Ash St., Los Osos, spoke in support of an ordinance. Duane Sumrall, 334 Margarita Ave., spoke in opposition of an ordinance. Cathy Lindauist. P.O. Box 843, Santa Margarita, spoke in support of an ordinance. Rachel Hervey, 9215 Tassajara Creek Rd., spoke in support of an ordinance. Sharon Mesker, 777 Nell St. #12, spoke in support of an ordinance. Jim Dunnn. 1160 Marsh St., spoke in support of an ordinance. John Payton, 3380 Sequoia, spoke in support of an ordinance. Julia Thomas, 8730 Curbaril Ave., spoke in support of an ordinance. Robin Thomas, 8730 Curbaril Ave., spoke in support of an ordinance. Greg Millett, 1048 Lily Lane, spoke in opposition of an ordinance. Rabbi Harry Manhoff, 1384 Cavalier Lane, spoke in support of an ordinance. Page 9 205 M City Council Meeting Tuesday, March 3, 1992 - 7.00 P.M. Victoria Troutman. P.O. Box 445, San Miguel, spoke in support of an ordinance. Anno O'Connor, 962 Pacific SL, Morro Bay, spoke in support of an ordinance. Zeena Wathen, 4403 Poinsetta, spoke in support of an ordinance. Deanna Constable, P.O. Box 12204, spoke in opposition of an ordinance. Steve Wathen. 4403 Poinsetta, spoke in support of an ordinance. Ted Mo 646 Church St., spoke In opposition of an ordinance. Paul Richter. 123 Casa St. #B, spoke in opposition of an ordinance. Michelle Ocken, 3101 Rockview, spoke in support of an ordinance. Dr. Norman Murphy, 2480 Santa Ysabel, spoke in support of an ordinance. Michael Christ, 826 Allison Court, spoke in opposition of an ordinance. Ms. Coslavar, spoke in support of an ordinance. Jan Bradford. P.O. Box 600, spoke in support of an ordinance. Paul Wolf, 3128 Spring Court, spoke in support of an ordinance. Susan Scofield. 500 Charles Dr., spoke in opposition of an ordinance. Nancy Roberts, 1234, N. Del Mar, Fresno, spoke in support of an ordinance. Wayne McCaughan, San Luis Obispo, spoke in support of an ordinance. Crissa Hewitt , 69 Benton Way, spoke in support of an ordinance. Gordon Hansen, 862 Foothill Blvd., spoke in opposition of an ordinance. Michael Pitchyln, spoke in support of an ordinance. Bruce Smith, 560 Avila Rd„ spoke in opposition of an ordinance. Teresa Wright, spoke in support of an ordinance. Thomas Erno, 1005 Jane Dr., spoke in opposition of an ordinance. John Garrison, 212 Larchmont, .Arroyo Grande, spoke in opposition of an ordinance. David Hannings, 1904 Broad, spoke in support of an ordinance. Robert Porter, spoke in support of an ordinance. Rose Hollis, 1771 1st St., Los Osos, spoke in support of an ordinance. Claudia Tantum, P.O. Box 2302, Atascadero, spoke in opposition of an ordinance. Page 10 i 1 1 207 City Council Meeting Page 11 Tuesday, March 3, 1992 - 7:00 P.M. Jenny Chadwell. 1351 Los Olivos, Los Osos, spoke in support of an ordinance. Mars Sutterom spoke in opposition of an ordinance. Richard Kreisa, spoke in support of an ordinance. David Smiley. 2362 Leona Ave., spoke in support of an ordinance. MarvKav MaGaeo, spoke in support of an ordinance. Gary Yeral spoke in support of an ordinance. Charles Harding spoke in support of an ordinance. Santos Ronoz. 410 Corridor, spoke in support of an ordinance. Sarah Bushed spoke in opposition of an ordinance. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Reiss /Pinard to reaffirm the City's opposition to discrimination of any kind. Motion carried unanimously. After additional discussion, moved by Reiss /Pinard to take no formal action on the matter at this time. Motion carried (3 -2, Councilmembers Rappa and Roalman voting no). Councilman Roalman stated he supported the HRC's recommendation. Councilwoman Rappa stated she supported reaffirmation of the City's policy but could not support taking no action at all. 12:35 A.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Monday, March 9, 1992 at 830 A.M. APPROVED BY COUNCIL: 4 /21/92 , ), a'� Pam Voges, City Cle PV:cm MINUTES ADJOURNED MEETING OF THE CITY COUNCIL MONDAY, MARCH 9, 1992 - 8:30 A.M.4:00 P.M. CITY /COUNTY LIBRARY - ROOMS A & B - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin