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Home My WebLink About09-01-2015 Minutes City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Tuesday, September 1, 2015 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, September 1, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron, Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Vice Mayor Ashbaugh led the Pledge of Allegiance. PRESENTATION 1. PRESENTATION BY THE LEAGUE OF WOMEN VOTERS REGARDING CIVILITY AND CIVIL DISCOURSE Margaret Bader and Sharon Kimball, representing the League of Women Voters, narrated a PowerPoint presentation entitled “Democracy in Dialogue” regarding civility and civil discourse; requested Council direct staff to agendize consideration of a resolution pledging to follow best practices of civility and civil discourse. San Luis Obispo City Council Minutes of September 1, 2015 Page 2 APPOINTMENTS 2. APPOINTMENT TO THE BICYCLE ADVISORY COMMITTEE (BAC) City Clerk Mejia reviewed the contents of the Council Agenda Report. MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to appoint Randol White to the Bicycle Advisory Committee, for a term to expire on March 31, 2016. PUBLIC COMMENT Stephanie Teaford, representing Cal Poly, San Luis Obispo, provided an update regarding the Student Housing South project on Grand Avenue; noted that providing on-campus housing is a priority for Cal Poly; advised that site and foundation work will begin September 21, 2015 with project completion estimated for summer 2018. Donald Hedrick, San Luis Obispo, asserted that he has been excluded from past candidate forums, noting that he has been a candidate in the past five municipal elections; urged that the City stop using electronic tabulation machines for local elections. Michelle Tasseff, San Luis Obispo, spoke on a program entitled “Serve Santa Maria” and distributed a handout describing the program; recommended that the City leverage faith-based organizations to help cleanup dilapidated properties. CONSENT AGENDA Donald Hedrick, San Luis Obispo, voiced opposition to Consent Calendar Item 3 which allows for waiver of reading of resolutions and ordinances; pointed out that the public does not have the ability to remove items from the consent calendar for separate consideration. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items 3 thru 5. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4. AGREEMENT FOR RTA REIMBURSED FARE-FREE RUNABOUT RIDES ON SLO TRANSIT In response to Council inquiry, Transit Manager Anguiano and Geoff Straw, San Luis Obispo Regional Transit Authority (RTA) Executive Director, explained that the proposed agreement will help mitigate increasing costs for paratransit services. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to authorize the City Manager to execute an agreement with the Regional Transit Authority for subsidized rides for Runabout Passengers on SLO Transit Fixed Route. San Luis Obispo City Council Minutes of September 1, 2015 Page 3 5. UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM STATUS REPORT MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to receive and file report regarding status of Unreinforced Masonry Hazard Mitigation (URM) Program. PUBLIC HEARING 6. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY AN APPEAL FILED BY THE PROPERTY OWNER FOR USE OF PARKING IN THE FRONT YARD AT 598 PRINCETON PLACE Individual members of Council advised that they have had no ex-parte communications regarding this appeal, with the exception of Vice Mayor Ashbaugh. Vice Mayor Ashbaugh advised that he spoke with Joe Gambucci in a private conversation but that no new information outside of the record was introduced. Community Development Director Johnson, Chief Building Official Schneider, and Assistant Planner Bell narrated a PowerPoint presentation entitled “598 Princeton Place, Appeal of the Planning Commission decision to deny the use of parking in the front yard” and responded to Council inquiries. Mayor Marx opened the public hearing. Joe Gambucci, Appellant, San Luis Obispo, requested that Council support his appeal and allow him to continue to park his boat on the existing concrete pad in his front yard; pointed out that his boat is in good condition, frequently used, and he has been using the concrete pad for 21 years as boat parking; noted that he lives on a cul-de-sac and that none of his neighbors complained about the boat; questioned whether the City required permits when the construction originally occurred and whether this nonconforming use should be grandfathered. Michelle Tasseff, San Luis Obispo, requested that Council support the appeal; stated that if staff can not verify whether a use permit was necessary at the time of construction, then the Council should allow the property to remain as is. Donald Hedrick, San Luis Obispo, voiced opposition to proactive code enforcement; questioned if there are common law policies for consideration or a grandfathering clause to allow for the boat to be parked in the front yard. There being no others desiring to speak on this item, the public hearing was closed. In response to public comment, City Attorney Dietrick explained that staff has analyzed the applicability of legal nonconforming use status but has determined that it would not apply as the parking standards at the time of construction would have required a different parking configuration; noted that the construction of a concrete pad would not have required a permit and is therefore legal, but the use as a parking space would not have conformed to parking standards used since the 1970s. San Luis Obispo City Council Minutes of September 1, 2015 Page 4 In response to Council inquiries, Community Development Director Johnson and Assistant Planner Bell noted that other options exist to allow for the boat to be stored onsite, including parking adjacent to the garage if the appellant can demonstrate appropriate maneuverability. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBERS CARPENTER AND RIVOIRE VOTING NO), to adopt Resolution No. 10662 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Planning Commission’s decision to deny an appeal filed by the property owner for use of vehicle parking in the front yard.” 7. APPEAL OF TREE COMMITTEE DECISION TO DENY A TREE REMOVAL APPLICATION AT 1680 EL CASERIO COURT Individual members of Council announced they had no ex-parte communications regarding this appeal. Public Works Deputy Director Bochum and City Arborist Combs narrated a PowerPoint presentation entitled “Appeal of Tree Committee Decision at 1680 El Caserio Court” and responded to Council inquiries. Matt Ritter, Tree Committee Chair, noted that the Committee could not make a finding for the tree removal that is consistent with the City’s Ordinance; opined that it is an acceptable decision for Council to allow removal of this tree, pointing out that the applicant is planning to replant new trees; opined that removal of the tree does not damage the character of the neighborhood. Mayor Marx opened the public hearing. Chuck Miller, Appellant, San Luis Obispo, spoke about his desire to remove the palm trees located in his front yard, noting his willingness to replant new trees; stated that the palm trees are over his property’s sewer lateral line; pointed out that the palm trees are causing damage to his driveway; noted that all of his neighbors are supportive of the removal of the palm trees. Donald Hedrick, San Luis Obispo, urged Council to move forward with the tree removal application; spoke in support of removing the trees provided that the property owner is willing to replant new trees. There being no others desiring to speak on this item, the public hearing was closed. During the course of discussion, Council agreed that removal of the three palm trees will not harm the character of the neighborhood, provided that new trees are planted to replace them. San Luis Obispo City Council Minutes of September 1, 2015 Page 5 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to adopt Resolution No. 10663 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, upholding an appeal of the Tree Committee decision to deny a tree removal request at 1680 El Caserio Court,” with the following revision. a. Section 1. Findings. The three palm trees requested for removal (as designated in Exhibit A hereto) are causing undue hardship to the property owner. b. Section 1. Findings. The removal of the three palm trees is reasonable because the trees will continue to damage the driveway. c. Section 1. Findings. The removal of the three palm trees will not harm the character or environment of the surrounding neighborhood. d. Section 1. Findings. The planting of six new trees to replace the six palm trees authorized for removal, three by the tree committee and three by the Council, will enhance the neighborhood. RECESS Council recessed at 7:45 p.m. and reconvened at 8:00 p.m., with all Council Members present. BUSINESS ITEM 8. SYNTHETIC SPICES/BATH SALTS ORDINANCE Acting Police Chief Storton and Lieutenant Bledsoe narrated a PowerPoint presentation entitled “Synthetic Drug Ordinance” and responded to Council inquiries. Donald Hedrick, San Luis Obispo, voiced concern that California borders are being attacked by drugs smugglers; spoke in support of efforts to prevent drug abuse. Michelle Tasseff, San Luis Obispo, stated that Santa Maria adopted a similar synthetic spice ordinance, noting that some children in Santa Maria ascertained spice and were hospitalized; asserted that smoke shops and similar businesses sell these types of substances. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to introduce Ordinance No. 1622 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 9.09 to the San Luis Obispo Municipal Code prohibiting the possession, display and sale of synthetic drugs.” San Luis Obispo City Council Minutes of September 1, 2015 Page 6 9. REVISIONS TO THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL AND INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATED TO COUNCIL MEETING DATES AND TIME City Clerk Mejia narrated a PowerPoint presentation entitled “Update to Council Policies and Procedures” and responded to Council inquiries. Donald Hedrick, San Luis Obispo, opined that Council does not follow the Council Policies and Procedures; stated that Council needs to allow citizens to speak uninterrupted during public comment; voiced objection to Council considering business items at special meeting times. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Adopt Resolution No. 10664 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending its Council Policies and Procedures Manual.” 2. Introduce Ordinance No. 1623 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code Chapter 2.04 (Council Meeting) to modify Regular Meeting times.” LIAISON REPORTS Council liaison reports were received from Council Member Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS By consensus, Council directed staff to agendize: 1) discussion of the Achievement House lease agreement for a future meeting; 2) review of the City’s representation on the Student Community Liaison Committee for the earliest possible meeting; and 3) consideration of adopting a resolution related to civility and civil discourse for the City Council meeting of September 15, 2015. ADJOURNMENT Adjourn to a Special Meeting to be held on Thursday, September 3, 2015 at 3:30 p.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California, for the purpose of conducting a closed session. Special and Regular City Council Meetings are scheduled for Tuesday, September 15, 2015 at 4:30 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY COUNCIL: 10/06/2015