HomeMy WebLinkAbout01/16/2001MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 16, 2001 — 6:30 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Jan Howell Marx, Christine Mulholland, Ken
Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle
City Staff:
Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Long Range Planning
Manager; Tom Baasch, Chief Building Official; Ron Whisenand,
Development Review Manager; Bill Statler, Finance Director; Ann
Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob
Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey,
Public Works Director; Paul LeSage, Parks and Recreation Director;
John Shoals, Associate Planner
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code § 54957.6
Agency Negotiator: Ann Slate
Employee Organization: San Luis Obispo City of San Luis Obispo
Employee's Association
City Attorney Jorgensen reported that the Council conducted the closed session.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9
Worker's Compensation Claim re: Mark McCullough
City Attorney Jorgensen reported that the Council conducted the closed session.
PUBLIC COMMENT
SLO County Supervisor Peg Pinard gave a brief report on the Board's recent action to
approve a legislative program that includes a proposal to preempt local regulations on drive -
up windows. She also spoke in support of legislation that would require the State to adhere
City Council Meeting
Tuesday, January 16, 2001 — 6:45 p.m.
Page 2
to its own mandates, in addition to funding mandates on local government. Another
important issue that will affect the City is re- districting, she added. Supervisor Pinard
encouraged the Council to follow up on these issues and offered her assistance.
Jeff Goldenberg, taxi cab business owner, requested a hearing to expedite his taxi service
operations in the City of San Luis Obispo. City Attorney Jorgensen referred him to Transit
Manager O'Dell.
CONSENT AGENDA
ACTION: Moved by Marx/Ewan to approve the consent agenda as recommended by
the City Administrative Officer with the exception of C2; motion carried 5:0.
C1. INFORMATION SYSTEMS TECHNICIAN COMPENSATION.
ACTION: Moved by Marx/Ewan to approve compensation changes for the
Information Systems Technician positions; motion carried 5:0.
C2. APPROVE MEMORIAL GARDEN ON CITY.
This matter was pulled by Jim Brabeck who spoke in support of the item and urged
approval. Council Member Mulholland expressed concerns about maintenance costs. Mr.
Brabeck assured the Council that there would be no cost to the City to construct and pointed
out that maintenance costs should be minimal.
C3.
C4.
ACTION: Moved by Marx/Ewan to 1) accept the donation of park improvements
creating a memorial garden on City property located at 170 Brook Street. 2)
Authorize the Mayor to sign the donor agreement. 2) Name this site the "Eto
Memorial Park "; motion carried 5:0.
ACTION: Moved by Marx/Ewan to adopt Resolution No. 9143 authorizing staff to
complete and submit an application for grant monies in the amount of $500,000
from the State Water Resources Control Board (SWRCB), which would be used in
support of acquisition of the Ahern property at Stagecoach Road and Highway101;
motion carried 5:0.
AUTHORIZATION TO LEASE PROPERTY AT 1095 MARSH STREET.
ACTION: Moved by Marx/Ewan to authorize the City Administrative Officer to enter
into an "Interim Property Maintenance Lease" for the property at 1095 Marsh Street
for one dollar ($1.00), to allow the City to take possession of the property and
undertake minor safety and landscaping improvements and routine maintenance
prior to the formal acquisition of the property, subject to final approval of the lease
by the City Attorney; motion carried 5:0.
C5. VEHICLE REPLACEMENT FOR BUILDING AND SAFETY PROGRAM.
ACTION: Moved by Marx/Ewan to 1) approve the replacement and surplus of one
additional vehicle in the City fleet. 2) Approve the "Notice Inviting Bids for Four
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Tuesday, January 16, 2001 — 6:45 p.m.
Page 3
Light Utility Vehicles, Specification No. 90112." 3) Authorize Public Works to
advertise for bids. 4) Approve transferring $25,600 from the completed projects
account in the equipment replacement fund to the Capital Improvement Project's
account for replacement of Building and Safety program vehicles; motion carried
5:0.
C6. RESOLUTION APPROVING THE GOVERNMENT ACCESS CHANNEL PROGRAM
POLICY STATEMENT AND OPERATING GUIDELINES FOR THE GOVERNMENT
ACCESS CHANNEL.
ACTION: Moved by Marx/Ewan to adopt Resolution No. 9144 approving the
Government Access Channel Program Policy Statement and Operating Guidelines
for the Government Access Channel; motion carried 5:0.
PUBLIC HEARING
ORDINANCE LIMITING THE FLOOR AREA OF NON - TAXABLE GOODS IN RETAIL
WAREHOUSE STORES EXCEEDING 90.000 SQUARE FEET IN SIZE.
Associate Planner Shoals provided the staff report.
Public Comment:
Speaking in opposition to the ordinance:
' Gary Fowler, 777 Mill Street
Susan Waag, 1757 Franbuesa Avenue
Glen Martin, 855 Olive Street, Arroyo Grande
Andrew Carter, 1283 Woodside Drive
Dave Cox, 1659 Frambesa, Past President SLO Chamber of Commerce
Phil Wagner, 1201 Manzanita Way
Bonnie Wollam, 3860 South Higuera Street #129
Dave Garth, Pres10E0 of the Chamber of Commerce
Amy Hill, 1780 W. Branch, Arroyo Grande, Director of Community Affairs for WalMart
Bill Storm, 3057 South Higuera
Dave Romero, 2057 Skylark Lane
Jack Frank. 999 Lake Drive, Issaquah, WA, Director of Real Estate for Costco
Greg Vena. 17300 Red Hill Ave., Irvine, representing Costco
Jamie Hurly, 1284 8"' St., Los Osos
Michael Sullivan, 1127 Seaward St.
Vicki Backman, 1108 Poppy Lane
Michael Hanson, 1203 Madonna
Marty Tangeman, 1010 Peach St., representing Alex Madonna
Paul Malvkont, 34 Zaca Lane and 2335 Oak Ridge Drive
Lance Parker
Speaking in support of the ordinance:
MarvBeth Schroeder, 2085 Wilding Lane
Ed Swain, 5619 Tamarisk Way
Mike Pauze. 1508 Gulf Street
Mike Chew, 1216 Mariners Cove
Rick Robasciotti, 1292 Laguna Lane
City Council Meeting Page 4
Tuesday, January 16, 2001 - 6:45 p.m.
Susan Robbins. 22460 F Street, Santa Margarita
Jason Feldt, 175 Crandall #16
Richard.Kranzdorf, 160 Graves
Jeanne Duaaer, 1552 Kiler Canyon Rd., Atascadero
Michael Cohen, 2051 Ward St.
Charlotte Byrne, 4064 Tranquilla, Atascadero
Sarah Elliott , 19 Whitney, Cal Poly student
Robert Iverson. 1190 Buchon
Michelle McCready, 1 Grand Ave, Sequoia Hall
Nanci Parker, 1127 Loomis Lane, Arroyo Grande
Chris Ivey
---end of public testimony—
Council discussion ensued. Council Member Marx spoke in favor of the draft ordinance
presented as Attachment B in the staff report. She recommended that the Council also
direct staff to return with an ordinance that would limit the total square footage of retail
stores. Council Member Mulholland concurred. Council Member Ewan spoke in
opposition, stating that government shouldn't regulate what businesses can and can't sell.
He noted he would not support this ordinance but would support an ordinance that limits
the square footage. Council Member Schwartz agreed and added that the Council should,
instead, look at creative ways to design and landscape large retail buildings. Mayor Settle
commented that he would support the proposed ordinance and a future one limiting
building size.
ACTION: Moved by to Marx/Settle to adopt Ordinance No. 1382 limiting non - taxable
sales in retail warehouse stores (Attachment B) and direct staff to bring back
another ordinance that limits the square footage; motion carried 3:2 (Ewan,
Schwartz).
Brief discussion ensued regarding the timing of the ordinance addressing square footage.
It was agreed that a reasonable amount of time needed for staff to research, develop and
return to Council with such an ordinance would be six (6) months.
ACTION: Moved by Marx/Mulholland to bring the ordinance limiting size back in 6
months; motion carried 4.1 (Schwartz).
BUSINESS ITEM
2.
Staff presentation was made by CAO Hampian, Parks and Recreation Director LeSade, Deputy
Public Works Director Bochum, Public Works Director McCluskey and Consultant Foote.
Public Comments:
Lane Newlan, CalTrans, urged the Council to conduct more analysis on the impact on traffic
circulation in the corridor (Broad Street). He asserted that more attention is needed to the
analysis and less to the time -line of the sports complex.
City Council Meeting Page 5
Tuesday, January 16, 2001 – 6:45 p.m.
' Gordon Hensley, Environmental Defense Center analyst, argued that information in the staff
report is inaccurate, particularly as it relates to the permitting process with the Army Corp of
Engineers.
Patti Dunton, Morro Bay resident, read a portion of an archaeological study she prepared
and noted that the hills are a significant cultural resource. She noted that construction of
the sports fields will not have impacts, but the Prado Road extension will, and expressed
concern about what kind of management plan will be developed by the City. She urged the
Council to realign the road.
Ken Smith, Unocal representative, reaffirmed support for the adopted realignment.
MaryBeth Schroeder, resident, urged the Council to stop the realignment of Prado Road
because she feels it is not needed. She recommended that instead the Council consider what
can be done to widen Tank Farm Road and ensure traffic safety.
Joe Cardoza, resident, commented that the issue of the road alignment and the location of
the sports field should be separate. He argued that there must be a better location for the
sports fields and suggested that the Council consider other adjacent sites as an alternative.
Speakina in support of the Council's previous action approvina the northeriv alignment of
Prado Road and encoumaina the Council to proceed with the Damon - Garcia Sports Field
roiect without delay:
Speaking in opposition to the Council's previous action approving the northerly alignment
and in support of a southerly alignment alternative:
Jeanne Anderson, Bullock Lane resident
Andrew Carter, 1283 Woodside Drive
Stan Ryan, resident
Ron and Ann Alers, Johnson Avenue residents
Michael Sullivan, resident (who also provided an optional design that would allow for six
soccer fields. Written materials in support of his views, on file in the Office of the City Clerk).
Bill Wilson
Mila Vuiovich- LaBarre
Nick Muick Orcutt Road resident
Dave Romero, 2057 Skylark
Eugene Jud, resident (offered another option to consider)
1 —End of public testimony-
Rich May Youth Sports Association
Rich Kriet Joint Use Committee member
Jane Godfrey, Joint Use Committee member
Jeff Whitener, AYSO Board Member
Todd Cooper
Michael Alamo
Fred Renakia, AYSO Board Member
Bill Thoma, Youth Sports Association
Gary Fowler
Rodney Babcock Southwood Drive resideni
Speaking in opposition to the Council's previous action approving the northerly alignment
and in support of a southerly alignment alternative:
Jeanne Anderson, Bullock Lane resident
Andrew Carter, 1283 Woodside Drive
Stan Ryan, resident
Ron and Ann Alers, Johnson Avenue residents
Michael Sullivan, resident (who also provided an optional design that would allow for six
soccer fields. Written materials in support of his views, on file in the Office of the City Clerk).
Bill Wilson
Mila Vuiovich- LaBarre
Nick Muick Orcutt Road resident
Dave Romero, 2057 Skylark
Eugene Jud, resident (offered another option to consider)
1 —End of public testimony-
City Council Meeting
Tuesday, January 16, 2001 — 6:45 p.m.
Page 6
Council discussion ensued. Council Member Mulholland and Council Member Marx spoke
in favor of the southerly alignment/Tank Farm option. Council Members Schwartz and
Ewan Mayor Settle voiced support for the staff recommendation and previous Council
action.
ACTION: Moved by Ewan/Schwartz to 1) reaffirm previous Council direction and
support for the currently adopted northern alignment of the Prado Road and
proceed with finalizing design and construction of the Damon- Garcia project. 2)
Review the inclusion of collector roads from the adopted alignment to Tank Farm
Road as part of the Airport Area and Margarita Area Specific Plans, when those
plans are considered; motion carried 3:2 (Marx, Mulholland).
COUNCIL LIAISON REPORTS
None.
COMMUNICATIONS
None.
There being no further business to come before the City Council, Ma or tle adjourned the
meeting at 1:10 a.m. to Tuesday, January 17, 2001 at 6:3Q at e F ru on Marsh Street,
San Luis Obispo. ( ,'
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 216101
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