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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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