Loading...
HomeMy WebLinkAbout10/07/20031 D MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 7, 2003 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL.CALL: Council Members Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle (arrived at 4:08 p.m.), Vice Mayor Christine Mulholland and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Dave Elliott, Administrative Services Manager; Jay Walter, City Engineer; Tim Bochum, Deputy Director of Public Works; Ron Whisenand, Deputy Director Community Development; Rob Livick, Supervising Civil Engineer; Phil Dunsmore, Associate Planner Finance Director Statler introduced Jennifer Thompson, Accounting Assistant in the Finance and Information Technology Department. Public Comment on the Consent Calendar: Deborah Cash, Downtown Association Administrator, spoke in favor of C5. The DA supports the recommendation because a contractor can be chosen soon under the new public works construction project program (JOC), which will get the project done by Memorial Day. BUSINESS ITEMS ADJUSTMENT TO THE FIXED PRICE FOR THE 919 PALM STREET PROPERTY — PROJECT NO. 90323. Public Works Director McCluskey presented the report. Brief questions to staff followed. Public Comments: Brett Cross, 1217 Mariner's Cove, objected to the use of more parking fund money for this project and speculated that it will create a need to eliminate the one -hour free parking priviledge and ultimately raise rates. Finance Director Statler responded that the current rate structure will fund this building and added that the adjustment to the fixed price will not have a negative impact on the City's finances. The Council has not decided whether or not City staff will occupy the building or if the office space will be rented out, he added. City Council Meeting Page 2 Tuesday, October 7, 2003, 4:00 p.m. Mary Beth Schroeder, 2085 Wilding Lane, opposed using 30 -year bonds to finance the structure and expressed concern about the high cost. She urged the Council to find a way to reduce the costs. —end of public comments— Finance Director Statler reported that this project is a good one for debt financing and explained that thirty years is a reasonable term in this low interest market. The life of the building will far exceed the term of the debt financing, he concluded. Council discussion followed. Council Member Ewan commented that he would like to see conduit in the roof to allow for access for electrical or solar energy if those alternatives become viable in the future. He also stated that he hopes the City can be the tenant to ease the pressure at City Hall. Vice Mayor Mulholland said she could not support Recommendations #1, 3 and 4 and asked for a separate motion on Recommendation #2. Mayor Romero and Council Members Schwartz and Settle provided comments in favor of moving ahead. ACTION: Moved by Ewan/Mulholland to approve CAD Recommendation #2 as follows: Because of technological obsolescence of an EIR mitigation measure and the environmental benefits of an added project element, adopt Resolution No. 9485 (2003 Series) approving an addendum to the final EIR to provide for elimination of the requirement to install two charging stations for battery- powered vehicles; motion carried 5:0. ACTION: Moved by Ewan /Schwartz to approve CAD Recommendations 1, 3 and 4; as follows: 1) approve changes that will increase the final fixed price for the 919 Palm Street building from $10,641,715 to $12,169,947 in order to proceed with construction and acquisition. 3) Appropriate from bond issue proceeds an additional $1,524,189 to the Parking Fund portion of the 919 Palm Street project budget. 4) Appropriate from bond issue proceeds an additional $816,100 to the General Fund portion of the 919 Palm Street project budget; motion carried 4:1 (Mulholland). 2. DISCUSSION REGARDING RELINQUISHMENT OF STATE HIGHWAYS 1 & 227. City Engineer Walter presented the staff report and outlined steps necessary to analyze and pursue relinquishment options. Public Works Director McCluskey noted that the staff recommendation is not to be critical of Caltrans and pointed out that the mission statements of the City and Caltrans are different. Caltrans is good at engineering State highways and the City is good at urban design. He also emphasized that tonight is the beginning of a long process. City Engineer Walter, at the inquiry of Council Member Schwartz, confirmed that the local Caltrans Director has little power to work with cities on exceptions to Caltrans policy and that those decisions must be made in Sacramento. Rich Krumholtz, Caltrans Deputy District Director for Planning, reported that Caltrans does have rigid design standards for good reasons, including safety and improving mobility across California, but added that the agency has embraced new policies, including ' promoting livable, walk -able and bike -able communities.. He noted that Highways 1 and 227are not only gateways to the community, but main streets as well. They are distinctly City Council Meeting Page 3 Tuesday, October 7, 2003, 4:00 p.m. different, he added, and Caltrans recognizes the need to look for context sensitive solutions. Deputy District Director Krumholtz explained that Caltrans is committed to working with the City to find a solution for anticipated and significant growth in traffic volumes on both Highways 1 and 227, but noted that funds are not there to bring these roads up to the status of "state of good repair ". He added that he is not sure when the money will be available to accomplish that. In response to inquiry from Vice Mayor Mulholland about signal timing issues on Hwy 1, he said that there is always competition between the local and touring motorists, and pedestrians. Caltrans is willing to work with the City, he said, but he could not provide any assurances that the City's interests can fully be met. Public Comments: Mary Beth Schroeder. 2085 Wilding Lane, opposes the relinquishment of the highways because she believes that the City needs them. Public Works Director McCluskev clarified that staff is recommending that Caltrans relinquish control over the highways from the State to the City and emphasized that this would not change the geometry of the roads. —end of public comments— Council Member Schwartz suggested that staff treat the two highways as two separate entities so that if one doesn't move forward the other can. Vice Mayor Mulholland indicated that she could support moving ahead. Council Members Ewan and Settle agreed. Mayor Romero didn't agree and expressed concern about liability, maintenance costs and costs to study and provide increased capacity. He stated that he would prefer to see Caltrans pay the costs to do the studies and improvements that will be necessary in the future. He strongly opposed relinquishment, but voiced a desire to assist with negotiations with Caltrans to work out differences. ACTION: Moved by Schwartz/Ewan to provide direction to staff to pursue relinquishment options for State Highways 1 and 227 (as two separate processes so that one does not tangle the other) and begin discussions with local State elected officials to introduce necessary legislation in the next session; motion carried 4:1 (Romero). Staff directed to set up a meeting with Caltrans to discuss signal timing issues on Hwy 1. PUBLIC HEARING 3. SUB -AREA TRANSPORTATION IMPACT FEE FOR THE LOS OSOS VALLEY ROADIUS 101 INTERCHANGE PROJECT. Deputy Director of Public Works Bochum presented the staff report and responded to questions. It was noted that the exhibit to the draft resolution (map identifying the area proposed for the fee) needed correction. Questions from the Council followed. Finance Director Statler explained that staff intended to include in this sub -area all properties within the City's urban reserve line but noted that the City may only assess fees on property that are already in the City limits. He reported that every July the City adjusts City Council Meeting Page 4 Tuesday, October 7, 2003, 4:00 p.m. all impact fees by the Consumer Price Index (CPI) and every five years, a detailed look at all our impact fees is reviewed by the Council. Mayor Romero opened the public hearing. Lori Atwater, 1351 Oceannaire Drive, construction manager for Mountainbrook Community Church (formerly Vineyard Church), reported that she will be seeking approval for a conditional use permit from the County Board of Supervisors this November. She stated that the EIR for the Church project requires that they cooperate with the 101 /Los Osos Valley Road mitigation and she explained that the Church is committed to being good neighbors in this regard. She spoke in favor of the staff analysis and recommendation, but noted that paying the fee will be a problem for the Church. She asked the Council to consider non - profits differently from retailers because the Church has no way to recover fees for traffic mitigation. Mayor Romero closed the public hearing. Public Works Director McCluskey addressed Ms. Atwater's request and explained that non- profits should be charged the same fees because they are impacting traffic just like others. He pointed out that the County or City could choose to subsidize non - profits with general fund money, but explained that mitigation may not be waived per CEQA mandates. Finance Director Statler recommended against establishing separate fees for non - profits because it would result in an unfair distribution of the costs. The CAO cautioned the Council about making case -by -case decisions regarding the collection of traffic impact fees. Council Member Settle proposed that the fee for the Church might be spread out over time, thereby making it easier on the non - profit. Finance Director Statler clarified that the Church , is in the County and it would be the County Board of Supervisor's decision to waive or subsidize the fee. Council comments in favor of the staff recommendation followed. Mayor Romero requested that the map be amended to delineate the City limits and identify developable properties within the City's urban reserve line. ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9486 (2003 Series ) as amended (revise Exhibit A: the map), amending the City's transportation impact fees by establishing a "sub- area" fee to assist in funding improvements to the Los Osos Valley Road/US 101 interchange; motion carried 5:0. PRESENTATION Mayor Romero presented a proclamation to Ann Havlik for Dental Hygiene Month. Mayor Romero presented a proclamation to Mark Shaffer, Executive Director of United Cerebral Palsy (UCP), for Disability Awareness Month. PUBLIC COMMENT Margaret Sigerson.1840 Hope Street, complained that her neighbor mutilated a live, historic oak tree on her property. She also said that she hopes that the City will take whatever action is necessary to give real protection to historic trees. The matter was referred to the City Attorney to determine if there are any Code violations. 1 City Council Meeting Page 5 Tuesday, October 7, 2003, 4:00 p.m. Sylvia Rivas of Grover Beach reported that she was disqualified after being selected in the ' random drawing for an affordable housing unit in Rancho Obispo. She asserted that she meets all the eligibility requirements and asked for justice. Council referred the issue to the City Attorney. Gary Fowler. 777 Mill Street, complained that certain residents, himself included, were denied access to their homes during the Holiday Parade in 2002. He said he was promised to be invited to a planning meeting this year and was not He asserted that a decision to not provide residents with parking passes was made without neighborhood input and added that he initiated a petition signed by approximately 200 neighbors asking for passes this year. Mayor Romero mentioned that the Council would consider a Resolution closing streets for the Holiday Parade on October 21 °` and indicated staff would provide him with a copy of the staff report prior to the meeting. Bill Almas, representing Unocal, discussed a recent article in the newspaper (The Tribune, October 2, 2003) about a judgment against Unocal for contamination of property on the south side of Tank Farm Road. He argued that the article failed to acknowledge that Unocal has successfully settled hundreds of claims on the central coast and that the Tank Farm Road area continues to thrive economically despite contamination on the fringe. He added that Unocal will be preparing an Environmental Impact Report, separate from the one being prepared on the Airport Area Specific Plan, as part of an effort to remediate and create development scenarios for Tank Farm Road. In closing, he stated that Unocal is committed to working collaboratively with other agencies to find solutions and stressed that there will be opportunities forthcoming to discuss the issues. CONSENT AGENDA Public Comments: Brett Cross. 1217 Mariner's Cove, (representing Residents for Quality Neighborhoods), spoke regrading Item C6. He summarized concerns expressed in correspondence from the Board addressed to the Council (on file in the Office of the City Clerk), as follows: The Board believes that the proposal is not in keeping with past process and objects to modifying terms of the parking district without resurveying the affected neighborhood. Additionally, the Boatd provided information about the potential and inappropriate sharing of parking permits by certain property owners in the district City Attorney Lowell provided brief clarification by noting that there were some irregularities in the canvassing procedure and that's why the matter was brought back to the Council previously for reconsideration. Legal action was threatened, and in light of that threat, he worked with residents to come up with a modification to the district, as a compromise. He added that staff is reviewing the process for forming or expanding parking districts in hopes of identifying ways to make improvements. Roger Keep. 1660 Fredericks Street, also spoke regarding Item C6. He commented that while he still feels that the decision to expand the district was not based on the 60% requirement, he agreed to the compromise because of all the Fredericks Street residents feel they can live with it. Karen Adler. 1676 Fredericks Street, regarding Item C6, reported that the neighbors on Fredericks Street worked together on the compromise, but explained that McCollum Street ' residents were not canvassed regarding the modification. She spoke in favor of approval and expressed appreciation for the district because it is working well. City Council Meeting Tuesday, October 7, 2003, 4:00 p.m. Page 6 Mary Beth Schroeder. 2085 Wilding Lane, spoke in favor of Item C2 (Bishop Peak Water Tank) and against Item C5 (Archeological Service for downtown pipeline) because she doesn't want Monterey Street to be closed for a public plaza. Mayor Romero clarified what the downtown project is and noted that it will not close Monterey. —end of public comments— Vice Mayor Mulholland pulled for discussion items C6, 8 and 9. ACTION: Moved by Settle/Mulholland to approve the consent agenda, with the exception of C6, 8, and 9, as recommended by the City Administrative Officer; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, SEPTEMBER 16. 2003 REGULAR MEETING. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. NEW BISHOP WATER TANK, SPECIFICATION NO. 90232A. ACTION: Moved by Settle/Mulholland to 1) approve the award to and authorize the Mayor to execute a contract with Black & Veatch in the amount of $232,022 for environmental, design, right of way and construction management services for the New Bishop Water Tank. 2) Approve the transfer of $272,300 from the Distribution Master Plan Implementation Account to the New Bishop Water Tank Account; motion carried 5:0. C3. WATER TREATMENT PLANT STAFFING. C4. C5. ACTION: Moved by Settle/Mulholland to appropriate $65,600 in 2003 -04 and $64,200 in 2004 -05 from unreserved Water Fund Working Capital in order to fund staff needs at the Water Treatment Plant; motion carried 5:0. ACTION: Moved by Settle(Mulholland to adopt Resolution No. 9487 (2003 Series) that rescinds Resolution No. 7068 (1992 Series) and establishes a consistent City Policy regarding Capital Improvement Projects (CIP) and Right of Way Encroachments in the downtown area during the holiday season; motion carried 5:0. ACTION: Moved by SettlelMulholland to 1) Receive a report on the consolidation of remaining City utility construction work in the Downtown, and direct staff to bring forward a proposal in the Mid -Year Budget Report to fund added Downtown pavement work at the conclusion of the projects. 2) Approve Request for Proposals for Archeological Monitoring services for the 2004 Downtown Pipeline Replacement Project Archeological Services, Specification No. 90245A. 3) Authorize staff to advertise for proposals; motion carried 5:0. 1 L 1 City Council Meeting Tuesday, October 7, 2003, 4:00 p.m. Page 7 1 C6. ADOPT A RESOLUTION MODIFYING THE ALTA VISTA PARKING DISTRICT TO INDICATE THE RESTRICTIONS FOR THE NEWLY EXPANDED AREA APPLY ONLY FROM SEPTEMBER 15 TO JUNE 15 OF EVERY YEAR. Vice Mayor Mulholland pulled this item for questions. In response to her inquiry, City Attorney Lowell noted that the Council has considerable flexibility under the ordinance to establish regulations for parking districts and to amend them. He clarified that the recommended action only modifies the expanded portion of the Alta Vista parking district (which includes Fredericks Street and a portion of McCollum). Council Member Ewan voiced concern that McCollum residents did not have a say in the compromise and suggested that since it won't take affect until next June, McCollum residents be polled between now and then. Council Member Schwartz agreed with comments outlined in RON's letter and observed that it appears canvassing was not complete at any time about any of the issues throughout the process. Council Member Ewan reiterated that it might be time to conduct another survey and determine what the sentiment of the neighborhood is. Mayor Romero proposed approval of the staff recommendation and added that if the neighborhood wants to initiate a change, they can do so. Vice Mayor Mulholland proposed that if there are any requests in the future to modify this add-on portion of the parking district, that the Council require a new survey of all the property owners. ACTION: Moved by Mulholland/Romero to 1) adopt Resolution No. 9488 (2003 Seriesl modifying the Alta Vista residential parking district to make the restrictions ' applicable to the new properties included in the district by Resolution No. 9455 (2003 Series) only from September 15 through June 15 of each year. 2) Rescind Resolution No. 9455 (2003 Series). 3) Direct that if any more changes are requested to the expanded portion of the Alta Vista residential parking district, a new survey of that portion of the district will be done before the matter comes back to Council ; motion carried 4:1, (Schwartz) Vice Mayor Mulholland asked staff to look into the complaint outlined in the RON letter that certain property owners In the district may be sharing permits. The matter was referred to staff to took into any potential violations of the ordinance. C7. SAN CARLOS SEWERLINE EASEMENT PURCHASE. ACTION: Moved by Settle/Mulholland to 1) accept the easement from San Luis Garbage Company for completion of the San Carlos to Woodbridge sewerline project, Specification No. 90241. 2) Authorize the Mayor to sign all easement documents. 3) Authorize payment of $9,500 to San Luis Garbage Company upon close of escrow; motion carried 5:0. C8. ORCUTT ROAD MEDIAN LANDSCAPING. Vice Mayor Mulholland expressed concern about tapping into a conservative CIP Reserve at this time. She commented that she was not opposed to the landscaping but the cost. She suggested that perhaps the Rotary Club might be looking for a project and would be willing to assist. Council comments in favor of approving the landscaping project followed. Vice Mayor Mulholland agreed to support the motion to approve after reiterating her concern about reducing the CIP Reserve. City Council Meeting Page 8 Tuesday, October 7, 2003, 4:00 p.m. ACTION: Moved by Settle/Ewan to 1) transfer $12,000 from the CIP reserve to install median landscaping on Orcutt Road near the intersection with Broad Street. 2) Direct that landscaping be a part of any future median project; motion carried 5:0. C9. COPELANDS PROJECT ARCHAEOLOGICAL SERVICES. 4. ACTION: Moved by Ewan /Settle to 1) approve a contract amendment with Applied EarthWorks in the amount of $98,250, contingent upon the developer depositing with the City the amount of $49,125, with the City responsible for the remaining $49,125 under the terms of the approved MOU for this project. 2) Appropriate $49,125 from unreserved Parking Fund working capital for the City's share of this added work, with the General Fund to reimburse the Parking Fund for its share of this cost from the proceeds of the sale of the Court Street property; motion carried 4:1, (Mulholland) PUBLIC HEARINGS, CONTINUED WITHIN THE CITY LIMITS, REZONING THE 13 ACRES OF DEVELOPABLE LAND_ FROM R -1 TO R -1 -S, AND AN ENVIRONMENTAL IMPACT REPORT (EIR) (TR/R/ER 11-01). Mayor Romero disqualified himself due to a conflict of interest (owns property within 500 feet of the project) and left the Chamber. Community Development Director Mandeville, Deputy Director Community Development Whisenand and Natural Resources Manager Havlik presented an in -depth staff report and responded to a variety of questions from the Council. Vice Mayor Mulholland opened the public hearing. Carol Florence, applicant's representative, spoke to the merits of project approval. She noted that the application asks for no exceptions or variances and that it complies with City standards and CEQA. She provided extensive project background and noted that an in -depth design and environmental review was conducted by local professionals and that there has been much work done by staff in the Community Development Department, Public Works, Natural Resources Management and Fire Departments. She added that the design team met with the neighborhood and modified the plan basLd on the input received. She emphasized that the Planning Commission unaninously recommended approval and offered that the project will provide 23 homes, as well as add another important piece of open space to the City's greenbelt. She urged approval. Public Comments: Mary Beth Schroeder, 2085 Wiling Lane, urged the Council to protect and preserve the property as open space. Pam Dassenko,1615 Woodland Drive, expressed concerns that resident concerns have not been heard and addressed, particularly as it relates to traffic impacts and the number of homes proposed. She asserted that the EIR is incomplete. City Council Meeting Tuesday, October 7, 2003, 4:00 p.m. Page 9 Tom Miller, 1615 Woodland Drive, agreed and added that the matter should be referred back to staff for details on building locations, design, lighting and landscaping, etc. because only then can the neighbors really know what it is being planned. Tyson Heusser,1801 Wilding Lane, expressed concern about drainage. He commented that the area often floods and believes added run -off will need to be addressed. Teresa Bruce, Pismo Beach resident, representing the Romero family at 2057 Skylark, voiced concern about the narrowness of Woodland Drive and requested that the road be widened between Woodland Court and Skylark Lane to make it safer for increased traffic. She offered three alternatives for consideration. MaryBelle Romero , 2057 Skylark Lane, expressed disappointment that the applicant is not being required to widen the street (Woodland Drive). She urged the Council to require the installation of one additional lane or, at the very least, that the curb be painted red along that portion of the street to restrict on- street parking. Richard Hendricks, 1643 Woodland Drive, also expressed concerns about traffic, drainage, tree removals, and density, but noted that he would not like to see Woodland Drive widened. Pamela Heatherington, Executive Director of ECOSLO, noted that the knowledge of seeps on site has her worried about the health of families if mold appears. She also pointed out the possibility of urban pollutants running off into sensitive habitats and urged environmental monitoring. Richard Johnson, 2033 Skylark Lane, said he shared the same concerns expressed by the two previous speakers about the narrowness of Woodland Drive. John Overland, 1631 Woodland Drive, said he was never contacted by anyone to provide input on this project He voiced concerns about drainage, traffic, parking on private property and emergency access. Heather Billing, 2001 Skylark Lane, spoke against the widening of Woodland Drive because she doesn't want vegetation moved to accommodate it, however, she would not object to painting the curb red. She was concerned about the number of tree removals and the potential for the neighborhood to be impacted by lighting fromTaylor Field at the High School. Kenneth Palmer. 2018 Skylark Lane, exlaimed that the density of the project seems too much and expressed concern about drainage. He indicated that he disagrees with the Romero Family that Woodland Drive should be widened. Ann Hendricks, 1643 Woodland Drive, noted concern about evacuation in the case of emergency and noted that many of the existing residents have experienced two major emergencies and said evacuations were difficult She also pointed out that parking for trail access creates a problem now and anticipates greater traffic and parking impacts with the plan proposed. Vice Mayor Mulholland closed the public hearing. Staff responded to public comments and Council questions. Deputy Director Community Development Whisenand reported that CEQA does not require that the homes be designed before environmental review. The EIR studied the tentative map on property designated as a sensitive site. Each home will require individual review by the ARC and all development will be required to go through the use permit process. Lighting and mitigation measures City Council Meeting Page 10 Tuesday, October 7, 2003, 4:00 p.m. for shielding, as well as other concerns, will be addressed during the development review process for each lot, he concluded. Supervising Civil Engineer Livick explained the definition of "level of service" and noted that Lizzie Street is currently rated "B ". The EIR does not contemplate a change in the level of service, he added. He also provided an overview of the three alternatives for drainage suggested in the EIR and responded to questions. Deputy Director Community Development Whisenand summarized the staff's recommenda- tions for minor widening of Woodland Drive and noted some numbering errors on the draft resolution. In -depth Council comments followed about certifying the EIR. Vice Mayor Mulholland expressed dissatisfaction with the document and its conclusions. Other members of the Council spoke in favor of certifying the document. ACTION: Moved by Settle/Ewan to approve a): Adopt Resolution No. 9489 (2003 Series ) certifying the project EIR with mitigation measures and monitoring program, based on findings; 4:0:1 (Romero recused). Comments from the Council followed about rezoning. Council Member Schwartz pointed out that four additional homes proposed were eliminated by the applicant because of the sensitive habitat. He spoke in favor of approval. Council Member Ewan agreed, and added that only 13 acres of the 40 are being developed and each site will go through ARC review. Vice Mayor Mulholland voiced numerous objections to the rezoning and the project, including impacts to rare/endangered species, plants and animals, and the number of trees to be removed. She argued that existing Eucalyptus trees provide a windbreak for the Monarch Butterfly habitat and strongly opposed the number of homes proposed for the site. She asked her colleagues if any would entertain a motion to send the project back for re- design. Discussion ensued. There was no support for a motion to re- design. Council Member Settle expressed some concerns about approving a project in the flood plain and the liability that may impose. The EIR Consultant addressed these concerns. ACTION: Moved by Ewan/Settle to approve b: Introduce Ordinance No. 1441 (2003 Series ) rezoning the 13 acres of developable land from Single - Family Residential (R- 1) to Single - Family Residential with Special Considerations (R -1 -S) and the open - space lot to Conservation Open Space (C/OS -40), based on findings; motion passed 3:1:1 (Mulholland opposed, Romero recused). Discussion ensued about the tentative map. Council Member Schwartz voiced concern about long -term maintenance of underground tanking, an option for drainage. He indicated that a Homeowners Association should be established and that it should be responsible for flood water retention, whether it is in ponds or underground tanks. He also stated a desire to see that the developer maintain the project area until there is a full - fledged HOA to do so. Lastly, he suggested that proper signage, subject to the approval of the Natural Resources Manager and maintained by the Homeowners Association, be placed in the natural, open space areas to encourage preservation and protection. Council Member Ewan agreed with that suggestion. Natural Resources Manager Havlik commented that there already exists a good model in the Prefumo Canyon area. Council Member Settle expressed concerns about lot layout and tree removals, but said he will reluctantly vote to approve the project to avoid split vote. Council Member Schwartz City Council Meeting Page 11 Tuesday, October 7, 2003, 4:00 p.m. confessed that he, too, would like to make some adjustments to the map but noted that he too will support it. In response to inquiry from Vice Mayor Mulholland. City Attorney Lowell clarified that the Conditions of Approval require a Homeowners Association and CCR's approved by the City Attorney. ACTION: Moved by Schwartz/Ewan to approve c: Adopt Resolution No. 9490 (2003 Series ) approving the tentative map, with conditions, and based on findings motion passed 3:1:1 (Mulholland opposed, Romero recused). At approximately 10:45 p.m., Vice Mayor Mulholland called a break; at 10.50 p.m. Mayor Romero reconvened the meeting, motion to go beyond 11 but only with item 5. Council continued Liaison Reports and Communications to the next regular meeting. S. AMENDMENT OF THE MUNICIPAL CODE AND ZONING REGULATIONS RELATING TO SALES OF ALCOHOL FROM SERVICE STATIONS (TA 108 -03). Council Member Settle disqualified himself due to a potential conflict of interest (owns property within 500 feet of the proposed Costco project) and left the Chamber. Associate Planner Dunsmore presented the staff report. Mayor Romero opened the public hearing. Mary Beth Schroeder. 2085 Wilding Lane, urged the Council to not create any loopholes and not to allow a big box store to sell alcohol. Anne M. Russell, attorney representing several locally owned gas stations (see correspondence on file in the Office of the City Clerk) asserted that the 1982 ordinance is invalid and illegal. She argued that the proposal creates a loophole for Costco and advised the Council to repeal the ordinance, revise the Municipal Code and avoid a lawsuit. Deron Brewer, 1348 Nipomo Street (owner of San Luis Chevron and Foothill Chevron), said the law was started to prevent robbery and argued that because gas station robbery prevention has improved over the years, there is no longer a concern. He urged the Council to treat local business people fairly and apply the law evenly. Mayor Romero closed the public hearing. City Attorney Lowell provided background on the current law and explained that the Council reaffirmed it in 1988 for a variety of reasons, including the fact that they didn't appreciate the State taking away the City's authority. He added that the law will remain in effect unless repealed by the Council, or called by the Court invalid. He advised that there is the chance that Ms. Russell's clients may wish to test the law in Court. Council discussion ensued. Council Member Ewan pondered whether there is really any meaning to the ordinance and questioned whether the prohibition of concurrent sales is even valid. He suggested that the Council may want to consider dropping the law and adopting something more in keeping with current State law regarding the sale of beer and wine. City Council Meeting Page 12 Tuesday, October 7, 2003, 4:00 p.m. Vice Mayor Mulholland spoke in opposition to the proposed action because it will accommodate Costco and discriminates against local businesses that have lived with and abided by the rules for years. Mayor Romero said he was not comfortable with the risk of having our ordinance tested in Court and overturned. Council Member Schwartz remarked that he was not convinced that the City has a legal problem and offered that the Council should go along with the Planning Commission recommendation. City Attorney Lowell proposed that staff come back with a review of the use permit process and explore how zoning regulations could be properly amended. CAO Hamaian added that staff did what they were directed to do, but in light of new information and the testimony, he asked the Council to provide further direction. Police Chief Linden voiced concerns about what a change in the current prohibition might have on the community, particularly because of the amount of underage drinking problems. She asked the Council to give her the opportunity to do some research and bring back information in an organized format about the impacts of drinking and driving before Council acts to repeal or modify the 1982 prohibition. CAO Hamaian explained that it would not be possible to do all of this before considering the Costco EIR. He noted that the Council will still have to make a determination based on the rules currently on the books and decide whether or not they apply to Costco. City Attorney Lowell advised that the Council has the ability to interpret its own ordinance, but cautioned them that the one they may be relying upon may no longer be valid. ACTION: Moved by Mulholland/Ewan to table the matter and ask staff to come back with more information at a later date, which would include a revised proposal consistent with state law re alcohol sales at service stations, a definition of "service station" and research that the Police Chief can find regarding drinking and driving; motion passed 3:1:1 (Schwartz opposed, Settle recused). COUNCIL LIAISON REPORTS Deferred because of time. COMMUNICATIONS Mayor Romero's Communication item continued to October 218`. There being no further business to come before the City Council, Ma or, ero adjourned the meeting at 11:50 p.m. to Tuesday, October 21, 2003 :00 p.m. in a Co ncil Chamber, 990 Palm Street, San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 10/21/2003 LP:jo