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HomeMy WebLinkAbout03/21/2006, C1 - APPROVING AN ADDITIONAL AMENDMENT TO THE FEBRUARY 21, 2006, MINUTES MEETINU� AGENDA. �i��ilnllllll!Illlll�l��i ��l��l DATE ITEM # council memoizanaum Oty of San Luis Obispb March 21, 2006 TO: Mayor Romero & Members of the City Council FROM: Audrey Hooper, City ClervA� VIA: Ken Hampian, CAO SUBJECT: Approving an Additional Amendment to the February 21, 2006, Minutes On March 7, 2006, Council approved, with amendments, the minutes of the February 21, 2006, Council meeting. Council Member Mulholland has subsequently requested a further amendment to item 3, Review the Planning Commission's Recommendation on a Comprehensive Amendment of the City's Subdivision Regulations (TA/ER 153-04), as indicated below. Council Member Mulholland, Vice Mayor Settle, Council Member Ewan and Mayor Romero opposed the reduction in the lot size because of potential effects in the existing R-1 districts and supported the CAO recommendation. Their concerns included, in part, that the reduced lot size will not result in more affordable units and will impact the character of the City over the long-term. If Council concurs, the motion should reflect this amendment. GA301-04 Minutes\Correction2 to Minutes 02-21-06.doc _J MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 28,2006-7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown,John Ewan, Christine Mulholland, Vice Mayor Allen Settle and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk;Shelly Stanwyck,Assistant City Administrative Officer;John Mandeville, Community Development Director; John Moss; Utilities Director; Neil Havlik, Natural Resources Manager, Mike Draze, Deputy Community Development Director; Jeff Hook,Senior Planner PUBLIC COMMENT Don Hedrick,San Luis Obispo,expressed concern that there is not enough public involvement in the development of the City's working documents. He also expressed concern regarding the reduction in information on the City's web site. PRESENTATIONS Jan Howell-Marx presented Mayor Romero with a plaque expressing appreciation by the Siena Club for the City's support of the U.S. Conference of Mayors Climate Protection agreement. She also Introduced Karen Merriam, Chair of the Local Chapter of the Sierra Club. PUBLIC HEARINGS 1. PLANNING COMMISSION RECOMMENDATION TO APPROVE A CONSERVATION AND OPEN SPACE ELEMENT OF THE GENERAL PLAN AND RELATED GENERAL PLAN AMENDMENTS (GPA/ER 149-98). Community-Development Director Mandeville acknowledged staff members present(as .indicated under Roll Cali),as well as Planning Commission Vice Chair Andrea Miller. He, Senior Planner Hook and Natural Resources Manaaer Havlik made the staff presentation. Andrea Miller,Vice Chair of the Planning Commission,discussed the approach the. Planning Commission took in considering the Conservation and Open Space Element (COSE), including the extensive opportunities for public testimony. She noted that the COSE was dedicated to the memory of Bill Rolman. Staff responded to Council's questions,following which the format for the public hearing was discussed. S a ®RA City Council Meeting �J Page 2 Tuesday, February 28,2006-7:00 p.m. Mayor Romero opened the public hearing. He called for comments that relate to the overall contents of the COSE, as opposed to specfic chapters. Comments related to specific chapters were called for at the appropriate time in the discussion. The following speakers represented and/or are members of SLO Green Build and spoke in support of the language in COSE encouraging sustainable development, providing green building guidelines and incentives for green building: Mike Robertson, Frank Cullen, and Andy Pease. Jan Howell-Marx,San Luis Obispo,asked Council to refer to the comments contained in her letter when considering the related sections of the COSE: (Her letter is on file in the City Clerk's office.) She also asked Councli to take into consideration comments submitted by Jodee Bennett, ECOSLO,who was unable to attend this meeting. She suggested that an environmental protection or open space committee should be expanded beyond what was contained in her recommendation. She concurred with comments made by Eugene Jud in his correspondence(on file in the City Clerk's office) related to view protection. Lori Atwater, San Luis Obispo,spoke in support of the COSE, discussed grant opportunities for low impact developments,green buildings or open space conservation. Patricia Wilmore, Chamber of Commerce, discussed the value the Chamber places on open space and noted that the COSE reflects the values of the community. She said she would address policy 4.30.017, requiring solar power for new dwellings, and the issue of forming an environmental task force at the appropriate time in the meeting. Andrew Christie, Chapter Coordinator, San Lucia Chapter of Sierra Club, read a statement containing the Sierra Club's recommendations(on file in the City Clerk's office). Alex Rothenberg, Board Member of SLO Green Build, homeowner and business owner,San Luis Obispo,concurred with the previous speakers that the COSE represents the sentiments of the community and urged the Council to adopt the new element. Dr. Richard Kreisa, Fisheries Biologist, reviewed some of the concerns contained in his letter to Council (on file in the City Clerk's office) and asked Council to take his comments into consideration. The majority of his concerns related to COSE Chapters 7 and 8. Bill Almas,volunteer with Chamber of Commerce,encouraged Council to approve the COSE and General Plan amendments. Staff responded to questions,following which Council commenced a review of Chapters 1 through 7. The following summary reflects amendments concurred with by a majority of the Council Members,as well as public comments. Chapter 1 -Introduction 1.20 Use of Terns. The words"under normal circumstances"will be dropped from the sixth sentence. Mayor Romero called for public comments on Chapter 1: None were forthcoming. Chapter 2-.Nr Aye 61-3 City Council Meeting _ Page 3 Tuesday, February 28,2006-7:00 p.m. 2.10 Background. The last sentence will be revised to read: 'The City centinues is an area that continues to be a State non-attainment area ..." 2.21. Air Quality. The word"survival"will be deleted. 2.21.1.Atmospheric change. The words"should not add to and should,"will be deleted and replaced with "shall." 2.21.4 Promote walking, biking and use of public transit to reduce dependency on motor vehicles. "Should"will be changed to"shall." 2.30.5 General Plan amendment The first sentence will be revised to read: " ... the City 1)will consider amending its General Plan ..." The last sentence will be deleted. Mayor Romero called for public comments on Chapter 2. . Lori Atwater encouraged Council to err on the side of being more rather than less restrictive in terms of environmental protection. Jeff Morgan.San Luis Obispo,said the time line is important and it is important to have committees controlling and monitoring air quality. Council recessed from 8:55 until 9:05 p.m.and reconvened with all members present. Chapter 3.0 Cultural Heritage 3.22.12A Cultural resources and open space. "Should" in the last sentence will be changed to "shall." Mayor Romero called for public comments on Chapter 3. Patricia Wilmore,Chamber of Commerce,expressed her hope that community input will be sought as the"CHC Whitepaper" recommendation for an historic preservation ordinance (3:30.10)evolves. 3.30.10 Cultural Heritage Committee Whitepaper. The word "a"will be changed to "an." City Attorney Lowell explained that because Council Member Ewan has a potential conflict of interest related to his business and will need to recuse himself during the discussion for sections 4.23 through the end of the Chapter 4,Chapter 4 should be considered in two parts. Chapter 4-Energy 4.21.6 Energy efficiency and Green Building in new development. The first paragraph will remain in this section. The remainder of 4.21.6 will be moved to the end of Chapter 5. Each section will cross-reference the other. 4.21.6.E Projects over 60,000 square feet. The words"Developers of"will be added at the beginning of the first sentence. (This section will appear at the end of Chapter 5.) 4.22.3 Compact, high-density housing. The word "infill"will be deleted. D A � C�-y City Council Meeting Page 4 Tuesday, February 28,2006-7:00 p.m. Council Member Ewan recused himself from discussion regarding items 4.23 through the end of Chapter 4 and left the Council Chamber at this time. 4.23.1 Solar access standards. Include a definition of"reasonable solar access" in the glossary; i.e., add 10:30 a.m.to 2:00 p.m.on December 21st. Table 2-Solar Access Standards. The first two categories related to conservation/open space and residential uses should be deleted. 4.30.12 Monitor energy use. The word "all" should be deleted. 4.30.13 Prepare energy plan. The word "should" in the second sentence should be changed to "shall." 4.30.17 The word "power"should be changed to "collectors." The words"of the new units built"should be added after 4%. In addition,as recommended by staff, language should be added exempting multi family developments from photovoltaic solar power requirement except for common use areas. Mayor Romero called for public comments on Chapter 4. Andrew Carter,San Luis Obispo, speaking as private citizens, suggested that section 4.30.17, Require solar power for new dwellings,would be more appropriately contained in an ordinance than in a General Plan element because of its specificity. Patricia Wilmore, Chamber of Commerce,referred to a letter from the Chamber in support of the staffs recommendation, but noted that in most discussions the Chamber concurred with Mr. Carter's comments that section 4.30.17 is too specific. She also clarified that the letter from Chamber's Chair incorrectly referred to section 4.30.16,when it should have referred to section 4.30.14. There was not a majority consensus to delete section 4.30.17. Council Member Ewan returned to the Council Chamber at this time. Chapter 5.0 Materials 5.30.4 Use of materials with reduced environmental impacts.The word "should" in the second sentence should be changed to"shall." A new section 5.30.7 will be added with the following language: "In its development review the City shall require facilities for recycling in new development." Mayor Romero called for public comments on Chapter 5. None were forthcoming. Chapter 6.O Native Minerals No changes were made. Mayor Romero called for public comments on Chapter 6. None were forthcoming. Chapter 7.0 Natural Communities 7.10 Background. The word "significant"will be dropped from the last sentence. F C/� (, F City Council Meeting - Page 5 Tuesday,February 28, 2006-7:00 p.m. Discussion followed regarding concerns raised in Dr. Krejsa's correspondence to Council. 7.21 Sustainable natural populations. The word "fish"will be added following "plants" in the last sentence. 7.21.2E Species of local concern. The word "areas"will be deleted from item E. 7.22.1 Protection of significant trees. The words"as determined by Council or its advisory bodies"will be added after"Significant trees." 7.30.113 Protect natural communities. the words"including species on the California Native Plant Society(CNPS) list 1 B and species of local concerns"will be added. 7.30.2 Replace non-native with native vegetation. The word "invasive"will be added aver the word"removing" in the first sentence. 7.30.4 Protect wildlife corridors. The word "sensitive"will be deleted from the last line. 7.30.5 Creek setbacks. Appropriate language regarding setbacks as further described in the Zoning Regulations will be added at the beginning of this section. Figure 4 Creek Corridor and Setbacks. This diagram will be clarified.. Mayor Romero called for public comments on Chapter 7. None were forthcoming. ACTION: Moved by Brown/Mulholland to continue items 1 and 2 to March 21st. 2. GENERAL.PLAN AMENDMENT AND REZONE FROM NEIGHBORHOOD- COMMERCIAL(C-N)TO COMMUNITY-COMMERCIAL SPECIAL CONSIDERATIONS (C-C-S) FOR THE PROPERTY AT 3210 THROUGH 3240.13ROAD STREET (GP/RIER 78-05). This item was not considered. Action was taken under item 1 to continue it March 21st. Vice Mayor Settle referred to a letter form Dave Mullinax on and noted his concerns regarding cutbacks in CDBG funding. There being no further business to come before the City Council,Mayor Romero adjourned the meeting at 11:07 p.m.to a Special meeting to be held on Wednesday,March 1,2006,at noon in the Council Hearing Room,990 Palm Street,San.Luis Obispo. Audrey Hooper City Clerk APPROVED BY COUNCIL: 3121106 Lilt' ti- MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MARCH 1, 2006-NOON COUNCIL HEARING ROOM,990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown,John Ewan, Christine Mulholland,Vice Mayor Allen Settle and Mayor Dave Romero Staff Members: Audrey Hooper, City Clerk Consultants Present: Sharon and Gary Brunner, and John Shannon ._.. PUBLIC COMMENT No comments were forthcoming. CLOSED SESSION Mayor Romero announced the following Closed Session topic, following which Council adjourned to a Closed Session:, PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code§54957 Public Employees: City Administrative Officer City Attorney Following the closed Session, Mayor Romero reported that no reportable action was taken. There being no further business to come before the City Council,Mayor Romero adjourned the meeting at 1:30 p.m.to a regular meeting to be held on Tuesday, March 7,2006,in the Council Chamber,990 Palm Street,San Luis Obispo. Audrey Hooper City Clerk APPROVED BY COUNCIL: 3121106 C) MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 7;2006-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan and Christine Mulholland,Vice Mayor Allen Settle and Mayor Dave Romero were seated at Roll Call. Council Member Brown was seated at 7:05 p.m. City Staff: Present: Ken Hampian,City Administrative Officer; Jonathan Lowell,City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck,Assistant.City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Deborah Linden, Police Chief; John Callahan, Fire Chief; John Moss,Utilities Director; Jay Walter, Public Works Director; Linda Fitzgerald, Interim Parks and Recreation Director; Doug Davidson, Housing Programs Manager; Mike Draze, Deputy Community Development Director; Mary Beatie; Senior Contract Planner,TPG Consulting; Tim Bochum, Deputy Public Works Director. - PRESENTATIONS Mayor Romero presented a proclamation to Bryan Duvall,Treasurer of the American Red Cross,recognizing March as American Red Cross Month. Lindsey Miller,Chamber of Commerce,and Interim Parks&Recreation Director Fitzgerald presented a plaque from the Local Organizing Committee in appreciation to the City for its role in the AMGEN Tour of California. Council Member Brown was seated at this time. PUBLIC COMMENT Willow Walking Turtle,San Luis Obispo County,discussed her opposition to the amendments to the aggressive solicitation provisions of the Municipal Code(item 63). Dane Senser,San Luis Obispo,complimented the City for its involvement in organizing the Tour of Califomia. Derrick Lavoie,Executive Director of the Discovery Institute for the.Advancement of Science and Technology Education,and Biology professor at Cuesta College,introduced colleague Cathie Babb. He distributed information (on file in the City Clerk's office)about,and asked Council to consider a proposal to develop,a Discovery Center at Laguna Lake Park. Council suggested that the Children's Museum or a school site that is no longer being used may be a more appropriate location for a Discovery Center. While there was not a majority City Council Meeting _ `_� Page 2 Tuesday, March 7,2006-7:00 P.M. consensus to pursue this recommendation,staff will consider whether there is another location in the City that might be feasible and communicate that information to Mr.Lavoie. Sifu Kelvin-Harrison,San Luis Obispo,discussed his continuing concerns regarding harassment. Gary Fowler,San Luis Obispo,suggested that Council should reconsider installing parking meters on Slack Street as Council's action sends a bad message to the student community. CONSENT AGENDA In response to a question raised by.Council Member Mulholland, URS Consultant Anna Davis explained why the list of retaining structures is included in the Local Hazard Mitigation Plan (item C3). Police Chief Linden responded to questions raised by Council Member Mulholland regarding item C5,9-1-1 Equipment and Services. Gary Fowler,San Luis Obispo,referred to item C5 and explained why he did not think the City should assume responsibility for 9-1-1 cell phone calls. Police Chief Linden explained how 9-1-1 calls are currently received and why the new equipment will not result in an increase in calls. Finance Director Statler added that State law requires that cellular service providers enable local agencies to receive cellular 9-1-1 calls made in their jurisdictions. ACTION: Moved by Ewan/Settle to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF TUESDAY,FEBRUARY 21,2006. ACTION: Moved by Ewan/Settle to waive oral reading and approve as amended (see memo on file in the City Clerk's office); motion carried 5:0. C2. ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL.CODE THE CITY'S SUBDIVISION.REGULATIONS AND REPEALING SECTION 17.82 RESIDENTIAL CONDOMINIUM DEVELOPMENT AND CONVERSION, ACTION: Moved by Ewan/Settle to adopt Ordinance No. 1490 (2006 Series): motion carried 5:0. C3. ADOPTION.OF CITY OF SAN LUIS OBISPO LOCAL HAZARD MITIGATION PLAN.. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9773(2006 Series) approving the City of San Luis Obispo Local Hazard Mitigation Plan; motion carried 5:0. C4. WATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS. ACTION: Moved by Ewan/Settle to: 1) Approve the plans and specifications for the Water Treatment Plant Improvement Project Specification No. 90225C and authorize staff to advertise for bids. 2)Authorize the CAO to award the construction contract if it is within the engineer's estimate. 3) Adopt Resolution No. 9774 (2006 Series) to issue bonds and allow their use to reimburse any related project expenditures City Council Meeting Page 3 Tuesday, March 7,2006-7:00 p.m. incurred prior to their issuance. 4) Approve amended agreements with Jones Hall for bond counsel services and Fieldman, Rolapp & Associates for financial advisor services as necessary for the bond issuance; motion carred 5:0. C5. REQUEST FOR PROPOSALS: 9-1-1 EQUIPMENT AND SERVICES. ACTION: Moved by Ewan/Settle to: 1) Approve issuing a request for proposals for a 94-1 system (equipment and services) with a five year maintenance contract. 2) Authorize the CAO to award the contract to the best overall proposal that is within the State allotment of$181,487 for this project; motion carried 5:0. C6. LOS OSOS VALLEY ROAD MEDIAN PROJECT—PHASE 2 SPECIFICATION NO.90527. ACTION: Moved by Ewan/Settle to 1)Award a contract to and authorize the mayor to execute a contract with, John Madonna Construction, Inc. of San Luis Obispo in the amount of $158,062.45 for the "Los Osos Valley Road Median Project — Phase 2, Specification No.90527." 2)Approve the transfer of$13,373.17 from the budget of the completed LOVR Medians Phase 1 project to the project budget. 3) Approve the transfer of $11,626.83 from the completed projects account to the project budget; motion carried 5:0. PUBLIC HEARINGS 1. 2006 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG1 AND REQUEST FROM THE HUMAN RELATIONS COMMISSION (HRC)TO INVESTIGATE THE SECTION 108 LOAN AS A POSSIBLE SOLUTION TO REHABILITATE OR REPLACE THE MAXINE LEWIS HOMELESS SHELTER. Housing Programs Manager Davidson presented the staff report and responded to Council's questions. Mayor Romero opened the public hearing. Catherine Manning,EOC Homeless Services,discussed the services provided by the Homeless Shelter and Prado Day Shelter on Orcutt Road. Mayor Romero closed the public hearing. Council Members expressed appreciation to the Human Relations Commission for its efforts on behalf of the CDBG Program. She expressed interest in working with the Economic Opportunity Commission,County and other stakeholders on the needs of the homeless. ACTION: Moved by Mulholland/Settle to: 1)Adopt Resolution No. 9775(2006 SeriesA approving the 2006 CDBG Program activities and funding as recommended by the Human Relations Commission (HRC),with adjustments based on the new funding estimate. 2) Endorse the Urban County's Draft one-year Action Plan, including Home Investment Partnership Program (HOME), Special Urban Projects, and Emergency Shelter Grant funding. 3) Forward the Council's actions and funding recommendations to the Board of Supervisors. 4)As requested by the HRC,and consistent with Council's recent action during the Mid-Year Budget review,work with the Economic Opportunity Commission (EOC), the County and other stakeholders to review homeless needs and possible longer-term funding mechanisms, including a Section 108 Loan; motion carried 5:0. D R � n City Council Meeting Page 4 Tuesday, March 7,2006-7:00 p.m. 2. CONSIDERATION OF'THREE VESTING TENTATIVE TRACT MAPS FOR THE PORTION OF THE MARGARITA AREA SPECIFIC PLAN (MASP) KNOWN AS THE"WESTERN. ENCLAVE" LOCATED BEYOND THE EASTERLY END OF MARGARITA AVENUE AND ON THE NORTH SIDE OF THE EASTERLY EXTENSION.OF PRADO ROAD BETWEEN SOUTH HIGUERA AND BROAD STREETS ERrTR 63-05(COWAN .392 PRADO), ERITR 65-05(KING 3000 CALLE MALVA) AND ER/TR 66-05(DEBLAUW.408 PRADO). The following staff members participated in presenting the agenda report or responded to questions throughout the presentation: Community Development Director Mandevilie, Deputy CommunityDevelopmentDirector Draze, Senior Contract Planner Mary Beatie (TBG Consulting), Deputy Public Works Director Bochum,and Natural Resources.Manager .Havlik. Mayor Romero opened the public hearing and called for comments on the entire development. Patricia Wilmore, Chamber of Commerce, spoke in support of the proposals and noted that they will provide an opportunity to make workforce housing a reality in San Luis Obispo. Dave Watson, King Ventures,discussed the proposal for relieving water impacts on existing development. He also discussed the way in which the proposal will provide for affordable housing. Andrew Unetic,Chumash Village resident,expressed concern about how particulate matter from the construction may impact the health of residents in Chumash Village. Bonnie Wollam, Chumash Village,suggested that widening of South Higuera Street may . help alleviate some of the traffic concerns. (Ms.Wollam's letter is on file in the City Clerk's office.) Council recessed from 9:05 to 9:17 p.m.and reconvened with all members present. At this time,Senior Contract Planner Beatie discussed the special features and main issues of each of the vesting tentative tract maps(VTM). City Attorney Lowell referred to the modified vesting tentative map(VTM#2438), said sufficient notice was given to allow the Planning Commission and Council to act on the plan as originally submitted or subsequently modified, and reviewed the actions Council could take on this item. Deputy Community Development Director Draze reviewed the following modifications to the resolutions.. VTM #2342/Cowan, Resolution "A": The words"one half of" and "rather than a separate enclave of three units"were deleted (Condition#44). VTM#2428/King, Resolution "B": Section 1.2. has been modified to include the CIOS-40 zone. Deputy Community Development.Director.Draze explained that staff will also ask Council to adopt a resolution accepting the offer of dedication for open space from Mr. King. The vesting tentative maps were considered as indicated below. C/ i City Council Meeting - - Page 5 Tuesday, March 7,2006-7:00 p.m. VTM#2342(Cowan.County File#63-05)(392 Prado Road) Mayor Romero called for comments on the Cowan/French project. John French,applicant,discussed the challenges associated in dealing with both the storm water drainage basin and Prado Road. He and staff responded to Council's questions. Mayor Romero called for public comments on VTM#2342. Roberta Dengate.San Luis Obispo,discussed concerns related to construction,fencing,two- story homes blocking open space and views,water run-off,and the impact of development on wildlife. No other public comments were forthcoming. During Council discussion,Community Development Director Mandeville explained the architectural review process for building plans within these projects that will have to be undertaken. Mayor Romero referred to Condition#5 under Streets and expressed concern that the bulb- outs will make it difficult for a standard truck to negotiate a right turn without encroaching into oncoming traffic. There was no consensus to modify this condition. Council Member Mulholland expressed concern that while these subdivisions incorporate some of the desired pedestrian-friendly aspects,these developments will not provide workforce housing and will be standard tract homes. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9776(2006 Series)for VTM #2342 (Cowan,County File 63-05),which adopts the Mitigated Negative Declaration, and approves the 674ot VTM, based on findings, and subject to mitigation measures, conditions,and code requirements. The action included a revision to Condition#44(deleting the words"one half of and the words "rather than a separate enclave of three units"; motion carried 5:0. VTM#2353(DeBLAUW/County File 66-05)(408 Prado Road) Mayor Romero called for public comments on VTM#2353. Richard and Wayne DeBlauw,applicants,expressed their hope that Council would approve Fe proposal. No other comments were forthcoming. Mayor Romero reiterated his concerns that the bulb outs will cause buses to have difficulty negotiating right turns. ACTION: Moved by Settle/Ewan to adopt Resolution No.9777(2006 Series)for VTM #2353 (DeBlauw, County File 66-05),which adopts the Mitigated Negative Declaration,and approves the 133-lot VTM, based on findings, and subject to mitigation measures; conditions,and code requirements; motion carried 5:0. I City Council Meeting —� Page 6 Tuesday, March 7,2006-7:00 p.m. VTM #2428 (Kine County File 65-05) (3000 Calle:Malva) Deputy Community Development_Director Draze reviewed Council's options Mayor Romero called for public comments on VTM 54-05. Dave Watson, representing the owners/applicants, discussed the history of this project and aspects of the plan related to the affordable units. He explained that the setback issues for the lots adjacent to Chumash Village and other concerns regarding flooding and building heights have been adequately addressed by the Planning Commission's recommendations. Tv Green, representing Midland Pacific,discussed the reasons why he believes the Council should not ratify the Planning Commission's action. Mr. Green's concerns are expanded on in a letter dated March 7th(on file in the City Clerk's office). E. K. Righetti,San Luis Obispo, referred to her letter of March 7th (on file in the City Clerk's office) and asked Council to continue this matter until it has undergone a full review. She asked that the questions and concerns she raised in her letter be included in any consideration of this subdivision. Bonnie Wollam,Chumash Village resident, reiterated the concerns she expressed previously and contained in her letter to Council. Hearing no further public comments,Mayor Romero closed the public hearing. Mayor Romero expressed concerns that: 1) Lots 19-21 do not have street frontage. 2)There should be a connection on the southeast comer to the loop street going around the subdivision. 3)There is not a need for a public street serving the Housing Authority project. 4)There needs to be a requirement for the developers to ensure that the two creeks serving the property have at least a 25-year capacity. Council Member Mulholland concurred with Mayor Romero's comments, but explained why she believes the modified map should be referred back to the Planning Commission with these concerns and with a recommendation that higher density planned developments should be included. She also asked that the Planning Commission be directed to consider revising Condition#56(revising the 10-foot rear yard setback to 20 feet) and a traffic signal or other assistance at the entry/exit to Chumash Village. Council Member Ewan agreed,but expressed concern regarding the length of time it may take to go through the Planning Commission process. Council Member Brown opposed returning the modified map to the Planning Commission. Vice Mayor Settle concurred with Mayor Romero's comments, but did not have a concern with Planning Commission Condition#56 and initially opposed returning the map to the Planning Commission. However, because the other projects would not be delayed and the Planning Commission will be asked to process the revised Plan as soon as possible, he indicated he could support the motion. ACTION: Moved by Ewan/Mulholland to refer the revised plan For VTM#2428(King, County File 65-05)back to the Planning Commission with the concerns raised by Mayor Romero and Council Member Mulholland, and requesting the Planning Commission to process the revised plan as soon as possible; motion carried 4:1 (Brown opposed). L"vaAr D C� City Council Meeting Page 7 Tuesday, March 7,2006-7:00 p.m. Natural Resources Manager Havlik reviewed the resolution accepting the offer of a conservation easement on the King property. Mayor Romero called for public comments on the resolution. None were forthcoming. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Ewan to adopt Resolution No.9778(2006 Series) authorizing acceptance of a conservation easement and ultimately fee title to real property; motion carried 5:0. Council recessed from 11:00 to 11:05 p.m.and reconvened with all members present. BUSINESS ITEMS 3. AMENDMENT OF AGGRESSIVE SOLICITATION PROVISIONS OF MUNICIPAL CODE AND ADDITION OF REGULATIONS GOVERNING PUBLIC BENCHES. Police Chief Linden and City Attorney Lowell presented the staff report and responded to Council's questions. City Attorney Lowell explained that staff modified the draft ordinance under Section 9.06.025A.2 to read as follows: "Within six(6)feet of the entrance to a commercial establishment or driveway thereto, or a driveway serving a shopping center." Public Comments Dane Senser, San Luis Obispo,opposed the proposal because he thought the problem was behavior rather than time spent on the benches. He suggested that the benches should be removed in areas where there are problems and should be replaced with potted plants.. Gerald Craig,San Luis Obispo,supported the amendment. He suggested City benches should be removed and that solicitation should be prohibited near ATM machines. He also suggested there should be a patrol consisting of citizen volunteers. Patricia Wilmore, Chamber of Commerce, referred to the Chamber's letter dated March 3rd (on file in the City Clerk's office)and said the strongest measures possible should be taken. Doug Shaw,San Luis Obispo, discussed his concerns and said he would prefer a short time limit. Deborah Cash, Downtown Association, concurred with previous concerns, said that moving the benches is not an option, and asked Council to adopt the most restrictive measures possible. ---end of public comments— During the discussion that followed,staff responded to questions and clarified the purpose of the three-hour restriction within a 24-hour period. Council Member Brown provided a number of examples of the problems he has observed and said that the time limit should be reduced to one hour. ro DAro C//y (. I� City Council Meeting Page 8 Tuesday, March 7,2006-7`.00 p.m. Council Members Mulholland and Ewan concurred. Vice.Mayor Settle discussed his objection to the proposal and suggested that signs should be posted in the downtown similar to those posted at the Laguna Village shopping Center. Mayor Romero explained why he did not think homelessness is the issue and supported the most restrictive requirements possible. ACTION: Moved by Brown/Ewan to introduce Ordinance No. 1491 (2006 Series)to: 1)Amend the existing aggressive solicitation provisions of Chapter 9.06 of the Municipal Code to restrict solicitation within specified distances of retail, commercial and financial establishments and vehicular and pedestrian pathways. 2)Add Chapter 9.40, establishing a one-hour time limit upon the continuous occupation of public benches and a three hour limit on occupation in any one day by one individual or group of individuals. The motion also included a revision to Section 9.06.025A.2 such that it will read: "Within six(6)feet of the entrance to a commercial establishment or driveway thereto, or a driveway serving a shopping center"; motion carried 4:1 (Settle opposed). COUNCIL LIAISON REPORTS Mayor Romero announced that the Fireman's Fund Insurance Company donated $11,844 through Monis &Garritano to the City of San Luis Obispo for the purchase of tum-out coats for paramedics. Council Member Mulholland reported on her attendance at the March 1st County Water Resources Advisory Committee meeting. - - _ COMMUNICATIONS Council Member Mulholland discussed a citizen's concern regarding the SLOCOG proposal for northbound-southbound Highway 101 Broad Street ramp lane enhancements. The concern is that this ramp will increase congestion in the neighborhood. She said the suggestion was made to reject the SLOCOG funding for planning the proposed Broad- Marsh addition and allocate the funds toward planning for a Santa Rosa interchange. Council Member Brown referred to the fund raising effort for the Maxine Lewis Shelter and expressed appreciation to The Tribune for promoting this cause and for the donations made by the community. Vice Mayor Settle announced that he has been appointed to the Local Agency Formation Commission (LAFCO) as a regular,as opposed to alternate, member. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:25 a.m.to Tuesday, March 14,2006,in the Council Chamber,990 Palm Street,San Luis Obispo. Audrey Hooper City Clerk APPROVED BY COUNCIL: 03/21/06 rDRA IP C�is