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01/16/2001MINUTES 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 1 City Council Meeting 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 LP:dr 1 L—J