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HomeMy WebLinkAbout05-03-2016 MinutesCouncil Minutes 14 Tuesday, May 3, 2016 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, May 3, 2016 at 4:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEM City Attorney Dietrick called for public comment. There was no one present to speak on Closed Session items. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Property 1: APNs 052-271-007; 070-241-013; 070-271-013; 073-321-008; 073-341-003; 073-341-028 Property 2: APNs 070-241-006; 070-241-027; 073-321-007 Property 3: APN 076-051-011 Negotiating Parties: City of San Luis Obispo: Katie Lichtig, Derek Johnson, J. Christine Dietrick, Shelly Stanwyck, Robert Hill, Jon Ansolabehere Miossi Brothers La Cuesta Ranch, Inc. (Property 1): Ahearn Family Revocable Trust (Property 2) The Trust for Public Land (Property 3): Under negotiation: Gabriel Miossi, Kathy Henderson, Sam Garkovich, Dell Hemingway Sandra Ahearn, Trustee Becky Bremser, Tily Shue Price and terms of payment ADJOURN TO THE REGULAR MEETING OF MAY 35 2016 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, May, 3, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick reported that direction was provided to staff on price and terms to pursue acquisition of three open space properties, as noted on the agenda. No further reportable action was taken. San Luis Obispo City Council Minutes of May 3, 2016 Page 2 INTRODUCTIONS 1. CARLOS RUELAS - PUBLIC WORKS STREETS MAINTENANCE SUPERVISOR AND ALEXANDER FUCHS - PARKING SERVICES SUPERVISOR Director Grigsby introduced Carlos Ruelas as the new Streets Maintenance Supervisor and Alexander Fuchs as the new Parking Services Supervisor. PRESENTATIONS 2. PRESENTATION BY TOURISM MANAGER CAVO, PRESENTING THE VISIT CALIFORNIA POPPY AWARD FOR BEST OVERALL MARKETING PROGRAM TO THE CITY OF SAN LUIS OBISPO AND BARNETT COX & ASSOCIATES (BCA)+STUDIO GOOD FOR THE 2014-2015 TOURISM MARKETING CAMPAIGN Assistant City Manager/Interim Finance & Information Technology Director Johnson and Tourism Manager Cano provided a presentation regarding the Visit California Poppy award for Best Overall Marketing Program to the City of San Luis Obispo and Barnett Cox & Associates (BAC)+Studio Good for the 2014-2015 Tourism Marketing Campaign. Maggie Cox, Barnett Cox & Associates, expressed gratitude to the City and thanked the Tourism Business Improvement District Board for their work and dedication to the City. 3. PROCLAMATION - NATIONAL TOURISM WEEK Mayor Marx presented a Proclamation to Tourism Manager Cano, representing the City of San Luis Obispo, declaring May 1-7, 2016 as "National Tourism Week." 4. PRESENTATION BY SCOTT SMITH. EXECUTIVE DIRECTOR FOR HOUSING AUTHORITY OF SAN LIAS OBISPO (I-IASLO), REGARDING THE HASLO UPDATE Scott Smith, Executive Director for Housing Authority of San Luis Obispo (HASLO), provided a presentation regarding the HASLO Update. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Walter Heath, Morro Bay, spoke on Item 13, stated that he is a volunteer for the Morro Bay in Bloom Program, board member of the National America in Bloom, and gave a brief summary of the American in Bloom program. Wendy Lucas, San Luis Obispo, voiced concerns regarding the Firestone project and stated that she believes the project is under construction without Council approval. San Luis Obispo City Council Minutes of May 3, 2016 Page 3 David Brodie, San Luis Obispo, spoke about the unemployment rate in the City and urged staff to look into a San Luis Obispo Peace Core program to help increase public involvement in the City. Mila Vujovich-I,aBarre, San Luis Obispo, announced that there will be a neighborhood community forum regarding the software application called "Nextdoor" on May 18, 2016 at Bishops Peak School at 6:00 p.m. Donald Hedrick, San Luis Obispo, spoke about a new development near Sacramento Drive. Dia Hurd, San Luis Obispo, thanked the City for conducting traffic counts near the Orcutt area and spoke about the City's water resources. Linda White, San Luis Obispo, read a letter from her neighbor regarding his frustration about the City. In response to public comment, on the Santa Rosa Infill project. the traffic counts on Orcutt Road CONSENT AGENDA Community Development Director Codron provided an update Public Works Deputy Director Bochum gave a brief update on ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve the consent Calendar Items 5 thru 9. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 6. AFFORDABLE HOUSING FUND GRANT REQUEST OF $35,000 FOR HABITAT FOR HUMANITY OF SAN LUIS OBISPO COUNTY TO REHABILITATE 214 HIGHLAND DRIVE CARRIED 5-0 to: 1. Adopt a Resolution No. 10710 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving an Affordable Housing Fund award for Habitat for Humanity of San Luis Obispo County." 2. Approve modification to allow a reduced affordability term of fifteen (15) years. 7. NOTICE OF SETTLEMENT AGREEMENT; UNITED STATES ET AL. EX REL. PEREZ V. STERICYCLE, INC. ET AL., CIVIL ACTION NO. 1:08 -CV -2390; UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS CARRIED 5-0 to approve and authorize the City Finance/IT Director to accept and deposit San Luis Obispo City Council Minutes of May 3, 2016 Page 4 the settlement checks thereby consenting to the provisions of the settlement agreement between Relator Jennifer Perez and defendant Stericycle, Inc. 8. APPOINTMENT PROCESS FOR THE CITIZENS' REVENUE OVERSIGHT COMMISSION CARRIED 5-0 to: 1. Revise the appointment process for the Citizens' Revenue Oversight Commission (REOC) consistent with all other Advisory Bodies; and 2. Affirm the appointments of Council Members Ashbaugh and Christianson as the Council Liaison Subcommittee designated for the REOC. 9. LOSSAN AGREEMENT WITH SLO TRANSIT CARRIED 5-0 to approve an agreement with LOSSAN for a one-year pilot project to honor Pacific Surfliner passes on SLO Transit; which is to be reimbursed at regular fare rate for each ride. BUSINESS ITEMS 10. COUNTY WIDE TRANSPORTATION INVESTMENT PLAN Public Works Director Grigsby, Transportation Manager Hudson, San Luis Obispo Council of Governments Executive Director Ronald De Carli, and Regional Government Services Consultant Kendal Flint provided a detailed staff report. Staff responded to Council questions. Public Comment: The following San Luis Obispo residents spoke in favor of adding a %i cent Sales Tax measure on the November 8, 2016 Election for transportation related purposes: Leah Brooks (Bike SLO County), Myron Amerine,'Charlene Rosales (Chamber of Commerce), and Jorge Aguilar (Wallace Group). Leslie Halls, San Luis Obispo Central Coast Tax Payers Association, spoke in opposition to the tax measure. ---End of Public Comments Council discussion followed. Vice Mayor Carpenter spoke in opposition of the tax measure. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR CARPENTER OPPOSED NO) to: San Luis Obispo City Council Minutes of May 3, 2016 Page 5 1. Receive and comment on a report and presentation by San Luis Obispo Council of Governments' Staff regarding a County Wide Transportation Investment Plan; and 2. Conceptually approve the draft Transportation Investment Plan proposal and safeguards as approved by the San Luis Obispo Council of Governments (SLOCOG) Board on April 6, 2016. PUBLIC HEARINGS 11. CONSIDERATION OF AN ORDINANCE TO AMEND TABLE 9 OF SECTION 17.22.010 OF THE CITY'S ZONING REGULATIONS TO CONDITIONALLY PERMIT A NIGHT CLUB USE WITHIN THE BUSINESS PARK ZONE IN THE AIRPORT AREA; CONSIDERATION OF A RESOLUTION AMENDING THE AIRPORT AREA SPECIFIC PLAN TO ALLOW A NIGHT CLUB LAND USE (LIVE ENTERTAINMENT) WITHIN THE BUSINESS PARK ZONE AND APPROVING A USE PERMIT TO ALLOW A NIGHT" CLUfl (LIVE; ENTERTAINMENT AND OFF-SITE PARKING AT 855 AEROVISTA PLACE (SLO BREW) Council Members announced the following Ex Parte Communications regarding the project: Mayor Marx and Vice Mayor Carpenter had a teleconference with the Applicant. Community Development Director Codron and Associate Planner Cohen provided a detailed staff report. Staff responded to Council questions. Applicant Hamish Marshal (Co -Owner of SLO Brew), addressed noise, traffic, and parking issues related to the SLO Brew night club. Public Comments: The following San Luis Obispo residents expressed objections to the proposed project, citing concerns regarding odor, trash, parking, traffic, noise, live entertainment, crime, intoxication, and occupancy limit: John Ferguson, Jerry Larson, Mila Vujovich-LaBarre, Donald Hedrick, Bonnie Achugube, Sandra Rowley (Residents for Quality Neighborhoods), and Frank Kalman. The following San Luis Obispo residents spoke in favor of the proposed project: Ryan Allshouse, Michelle Tasseff, Charlie Umansky, and Bryan Kerr. End of Public Comments --- In response to public comment, Associate Planner Cohen clarified that the conditions of approval included a use permit and explained that the project could be reviewed by the Planning Commission if numerous complaints were made by neighbors. She added that there was no time limitation for the use permit as proposed and explained the maximum San Luis Obispo City Council Minutes of May 3, 2016 Page 6 number of occupancy for the patio was 75. Applicant Hamish Marshal, (Co -Owner of SLO Brew), outlined the number of events that could occur in one day at the location site. David Lord, (45cB.com), summarized the noise analysis prepared for the proposed project. Lengthy Council discussion followed. Council Member Ashbaugh argued that the proposed project should require a General Plan amendment along with a rezoning amendment. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH OPPOSED NO) to: 1. Introduce an Ordinance No. 1629 (Series 2016) entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Table 9 of Section 17.22.010 of the City's Municipal Code (Zoning Regulations) conditionally permitting a night club land use within the Business Park (B -P) zone in the Airport Area Specific Plan Area (CODE -1316-2015)"; and 2. Adopt a Resolution No. 10711 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, amending Table 4.3 of the Airport Area Specific Plan allowing a Night Clnb land use within the Business Park zone, approving a night club use permit with off-site parking in the Business Park zone at 855 Aerovista Place and adopting a mitigated negative declaration of environmental impact as represented in the staff report and attachments dated May 3, 2016 (CODE -1316-2015)." 12. REVIEW OF AN APPEAL (FILED BY NAOMI HOFFMAN) OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO APPROVE A NEW SINGLE FAMILY RESIDENCE IN THE R -1-S ZONE THAT INCLUDES _EXCEPTIONS TO THE FRONT YARD BUILDING SETBACK AND HEIGHT (40 BUENA VISTA AVENUE) Council Members announced the following Ex Parte Communications regarding the project: Vice Mayor Carpenter met with the applicant, Mayor Marx and Council Member Ashbaugh met with the applicant and neighborhood resident Pat Dellario, and Council Member Rivoire met with neighborhood resident Pat Dellario. Community Development Director Codron and Assistant Planner Bell provided a detailed staff report and responded to Council questions. Appellant Naomi Hoffman, San Luis Obispo, provided background information and urged the Council to uphold the appeal for the proposed project. Co -Applicant Angela Schmiede, San Luis Obispo, provided additional information and spoke on the merits of the proposed project. San Luis Obispo City Council Minutes of May 3, 2016 Page 7 Public Comments: Linda White, San Luis Obispo, discussed an email that was sent to her from a resident regarding information that would help clear up misconceptions of the proposed project. The following San Luis Obispo residents spoke in favor of upholding the appeal for concerns regarding the special considerations overlay zone, lot size, height exceptions, parking, safety, visibility and rooftop deck: David Brodie, Isabel Marques, Nels Silverson, Shirley Ready, Elizabeth Abrahams, James Lopes, Carolyn Smith, Cheryl McLean, Pat Dellario, Camille Small, Sandra Rowley (Residents for Quality Neighborhoods), Mila Vujovich-LaBarre, and Mike Clark. The following San Luis Obispo residents spoke in favor of denying the appeal: Michelle Tasseff, T. Keith Gurnee, Patty Andreen (Architectural Review Commission Member), and Todd Smith (Cannon) Brett Strickland, San Luis Obispo, voiced concerns regarding the conduct of this agenda item. Steve Delmartini, San Luis Obispo, asked for clarification regarding the items being discussed for this agenda item. ---End of Public Comments --- In response to public comment, City Attorney Dietrick explained that the scope of review for this hearing item was de novo, noting that the City Council's action is not constrained to the review or action of the Architectural Review Commission. Individual Council comments followed. ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt a Resolution No. 10712 (2016 Series) as recommended by the Architectural Review Commission, entitled "A Resolution of the City Council of the City of San Luis Obispo, California, denying the appeal of the design of a new single family residence in the R -1-S (Special Considerations Overlay) Zone that includes front yard setback and height exceptions, with a categorical exemption from environmental review, as represented in the City Council agenda report and attachments dated May 3, 2016 (40 Buena Vista Avenue SDU-1521-2015)." Mayor Marx called for a recess at 10: 57 p.m. Mayor Marx called the meeting back to order at 11:03 p.m. San Luis Obispo City Council Minutes of May 3, 2016 Page 8 BUSINESS ITEMS 13. AMERICA IN BLOOM Interim City Clerk Price provided the staff report and responded to Council questions. Public Comments: Mila Vujovich-LaBarre, San Luis Obispo, spoke in support of the America In Bloom program. Donald Hedrick, San Luis Obispo, spoke off topic. Dominic Tartaglia, Downtown Association, stated that the Downtown Association endorses the program but could not take the lead in the effort due to workload. ---End of Public Comment --- Mayor Marx spoke in favor of joining American -In -Bloom. Council Member Christianson suggested postponing joining until local volunteers are found to champion the program. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 3-2 (VTCF MAYOR CARPF,NTER AND COUNCIL MEMBER CHRISTIANSON VOTED NO) to support participation, seek out volunteers to champion the program and direct staff to register one delegate to attend the America in Bloom National Awards Program symposium. 14. APPOINTED OFFICIALS' COMPENSATION Human Resources Director Irons provided the staff report and responded to Council questions. Public Comments: Donald Hedrick, San Luis Obispo, suggested that staff should receive an incentive to stay employed. Brett Strickland, San Luis Obispo, objected to increasing the compensation for the City Manager and City Attorney. --End of Public Comments -- Council discussion followed. Vice Mayor Carpenter announced that he would be voting no due to the timing of the recommendation (City is currently involved in labor negotiations). San Luis Obispo City Council Minutes of May 3, 2016 Page 9 ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR CARPENTER VOTED NO) to adopt a Resolution No. 10713 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, providing a lump -sunt retention incentive to the City Manager and City Attorney." LIAISON REPORTS Council Liaison written reports were received from Council Member Christianson and Mayor Marx. COUNCIL COMMUNICATIONS None. ADJOURNMENT The meeting was adjourned at 11:39 p.m. The next Regular City Council Meeting is scheduled for Tuesday, May, 2016 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. R/4�)-4 Lee -cc, MMC Interim City Clerk APPROVED BY COUNCIL: 07/12/2016 San Luis Obispo City Council Minutes of May 3, 2016 Page 10