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Home My WebLink About04-05-2016 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, April 5, 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, April 5, 2016 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 John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None City Staff Present: 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 Christianson led the Pledge of Allegiance. PRESENTATIONS 1. PROCLAMATION - MONTH OF THE CHILD Mayor Marx presented a Proclamation to Melinda Skolowski, representing Community Action Partnership of San Luis Obispo (CAPSLO) Family Services, proclaiming April 2016, as "Month of the Child" and "Child Abuse Prevention Month" in the City of San Luis Obispo. 2. PROCLAMATION - SEXUAL ASSAULT AWARENESS MONTH Mayor Marx presented a Proclamation to Lisa Bruce, representing Respect Inspire Support Empower (RISE), proclaiming April 2016 as "Sexual Assault Awareness Month" and April 30th as "Walk a Mile In Her Shoes Day" in the City of San Luis Obispo. San Luis Obispo City Council Minutes. of April S, 2016 Page 2 3. PRESENTATION BY PETER WILLIAMSON REPRESENTING SAN LUIS OBISPO COUNCIL OF GOVERNMENTS SLOCOG REGARDING RIDESHARE'S BIKE MONTH Peter Williamson, representing San Luis Obispo Council of Governments (SLOCOG), provided a presentation on Rideshare's Bike Month and announced Bike to Work Day on Friday May 20, 2016. Mayor Marx requested to reorder the agenda to hear Council Communications and Liaison Reports before Public Comment. By consensus, the City Council reordered the agenda as requested. COUNCIL COMMUNICATIONS Vice Mayor Carpenter requested to agendize the Democracy Voucher Program for reconsideration at a future City Council meeting. By consensus, the City Council agreed to reconsider this item at a future Council Meeting. City Manager Lichtig announced that the matter would be placed on the agenda for April 19, 2016 at 4:00 p.m. LIAISON REPORTS Mayor Marx reported her attendance at the Regional Leadership Forum endorsed by the California Association of Councils of Governments (CALCOG), with no expense to the City. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Kyle Jordon, San Luis Obispo, urged the Council to direct City staff to make safety improvements to the railroad crossing at California and Foothill a priority. Dia Hurd, San Luis Obispo, expressed gratitude to City Staff for conducting a compatibility workshop, shared concerns about traffic impacts from new developments and urged the Council to make 71 Palomar a City park. David Brodie, San Luis Obispo, asked the Council to develop a strategy to ensure the viability of locally owned, small businesses in the downtown. Allan Cooper, San Luis Obispo, shared concern about environmental impacts (water and climate) because of growth and new development. Bob Lucas, San Luis Obispo, voiced concerns regarding the reliability of water resources. Biz Steinberg expressed appreciation for the "Month of the Child" proclamation and to the Parks and Recreation Department for providing quality programs, like "Children's Day". Claudia Andersen, San Luis Obispo, expressed concerns about impacts to neighborhoods caused by college students. San Luis Obispo City Council Minutes of April 5, 2016 Page 3 Cheryl Mclean, San Luis Obispo, mentioned the "100 Anniversary Find Your Park" initiative and spoke about the positive benefits of spending time outdoors in public parks, trails and outdoor spaces. She urged the City to consider neighborhood parks in the General Plan. Mila Vujovich-LaBarre, San Luis Obispo, addressed water quality/availability and climate change, and urged the City to explore some form of mitigation. CONSENT AGENDA ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve the consent Calendar Items 4 through 6, with Council Member Ashbaugh registering a recusal on Item 6 due to a potential conflict of interest (business interest of spouse). 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 5. TERRACE HILL AND WASH WATER TANKS MAINTENANCE SPECIFICATION NO. 91425 CARRIED 5-0 to: 1. Approve a transfer of $57,000 from the Water Storage Reservoirs Maintenance and Tank Master Account to the design phase of the Terrace Hill and Wash Water Tanks Maintenance project account; and 2. Approve a transfer of $26,484 from the Water Completed Projects Account to the design phase of the Terrace Hill and Wash Water Tanks Maintenance project account. 6. REIMBURSEMENT AGREEMENT FOR A POTENTIAL PARKING STRUCTURE ASSOCIATED WITH THE SANTA ROSA INFILL PROJECT CARRIED 4-0-1 (COUNCIL MEMBER ASHBAUGH RECUSED) to: 1. Approve and authorize the City Manager to execute a Reimbursement Agreement with 1144 Higuera Investments, LLC in a final form subject to the approval of the City Attorney, reimbursing the City for consultant work related to the study of City participation in the potential parking structure associated with the Santa Rosa Infill Project; and 2. Authorize the City Manager to execute the consultant contracts associated with the reimbursement agreement. San Luis Obispo City Council Minutes of Apri15 2016 Page 4 PUBLIC HEARINGS 7. APPEAL OF A CONSTRUCTION BOARD OF APPEALS DECISION TO DENY PROPERTY OWNER'S APPEAL OF AN AMENDED NOTICE OF VIOLATION (ISSUED FOR CONSTRUCTION WITHOUT PERMIT AND OTHER VIOLATIONS AT 1269 FREDER.ICKS Council Members announced the following Ex Parte Communications: Council Member Rivore met with City Staff, Council Mcmbcr Ashbaugh met with the Appellant and Mayor Marx met with Staff. Community Development Director Michael Codron, Chief Building Official Anne Schneider, Assistant City Attorney Jon Ansolabehere, Fire Marshal Rodger Maggio and Code Enforcement Officer Teresa Purring provided an in-depth staff report and recommendation to deny the appeal. Staff responded to Council questions. Matthew Boutte, attorney representing the Appellants Steven and Kathie Walker, provided background information and spoke in support of the appeal. Appellant Kathy Walker described difficulties she and her husband have experienced personally, with the property and with the City. Public Comments: The following San Luis Obispo residents spoke in favor of granting the appeal: Odile Ayral, Gary Dwyer, Linda White, Carolyn Smith, Tammy Cody, Camille Small, Brett Strickland, Sandra Rowley (Residents for Quality Neighborhoods), Mila Vujovich-LaBarre, Cheryl McLean, and Mike Clark. Michelle Tasseff spoke in support of the recommendation to deny the appeal. End of Public Comments --- Staff responded to additional Council questions regarding the history of issues and violations. Community Development Director Codron clarified that City Staff have not had access to the property since 2014 and emphasized that it is the City's intention to work with the property owners to develop a mutually acceptable abatement agreement to address the code violations. Lengthy Council discussion followed. Vice Mayor Carpenter argued in support of the appeal, noting that the situation is unique and that the Walkers want to move forward in good faith. The City Attorney provided guidance to the Council on proposed modifications to the draft resolution denying the appeal and advised that if the City and the Walkers reach an agreement, the matter need not return to the City Council. Vice Mayor Carpenter stated that he would prefer the matter come back to the Council. San Luis Obispo City Council Minutes of April 5, 2016 _ _ Page 5 ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR CARPENTER VOTING NO) to adopt Resolution No. 10703 (2016 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California denying an appeal of the Construction Board of Appeals' decision to deny an appeal filed by the property owner of an amended Notice of Violation for construction without a permit and other violations", as amended (Section 2. Action: Modified to include language to deny the appeal; add the word "may" before "continue to exist"; strike "...and as such constitute a public nuisance, and the property owners are responsible for such violations."; and add the following language in italics "...The Property Owners are hereby directed to work with the Chief Building Official within the next ninety (90) days to complete a subsequent inspection and establish a time frame for compliance, ..." 8. REVIEW OF REQUEST TO INITIATE PREPARATION OF THE PROPOSED MADONNA ON LOS OSOS VALLEY ROAD LOUR SPECIFIC PLAN WHICH INCLUDES A MIX OF RESIDENTIAL. COMMERCIAL, SENIOR HOUSING, R' kRK. AND OPEN SPACE USES (12165 AND 12393 LOS OSOS VALLEY ROAD) Contract Planner Shawna Scott provided a detailed staff report. Community Development Director Codron summarized key issues, including the proponent's request to develop above the 150 -foot elevation, which is currently inconsistent with Land Use Element. Applicant John Madonna (John Madonna Construction) spoke to the merits of the proposed project. Vic Montgomery (RRM Design Group) provided a PowerPoint presentation highlighting the conceptual design for a mix of land uses within the proposed Froom/II Villagio Specific Plan. Council questions followed. Public Comments: The following San Luis Obispo residents spoke in favor of the concept design: Leslie Halls, Elliott Marshall, Rob Rossi, Dave Romero, Judie Reiner, Carl Dudley, Ken Reiner, Brian Ackerman, Cordelia Perry, Ray Walters (Principle of Villagio Communities), and Charlene Rosales. The following San Luis Obispo residents expressed concerns about the proposed project because of environmental impacts to wetlands, open space and wildlife: Neil Havlik, Mila Vujovich-LaBarre and William Waycott. ---End of Public Comments --- Individual Council comments followed in support of conceptual approval. San Luis Obispo City Council Minutes of April 5-2016 Page 6 ACTION: MOTION BY COUNCIL MEMBER ASHBAUGII, SECOND BY VICE MAYOR CARPENTER 5-0, as recommended by the Planning Commission, to adopt Resolution No. 10704 (2016 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing initiation of an application for the Proposed Madonna on Los Osos Valley Road Specific Plan and General Plan amendments, including related actions in support of the application" and directed the applicant to present alternative development plans, observing the 150 -foot Elevation Development Limit Policy. ADJOURNMENT The meeting adjourned at 11:29 p.m. The next Regular City Council Meeting is scheduled for Tuesday, April 19, 2016 at 4:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. lLlL- Lee Puce, MMC Interim City Clerk APPROVED BY COUNCIL: 06/14/2016