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Home My WebLink About04-04-2023 City Council Minutes 1 Council Minutes April 4, 2023, 4:30 p.m. City Hall, 990 Palm Street, San Luis Obispo Council Members Present: Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on April 4, 2023 at 4:35 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart. 2. PLEDGE OF ALLEGIANCE Vice Mayor Marx led the Council in the Pledge of Allegiance. 3. PRESENTATIONS 3.a ANNUAL ADVISORY BODY RECOGNITION (Estimated Time: 60 minutes) The Mayor and City Council recognized Advisory Body members for their service to the City of San Luis Obispo. Council took a 30-minute recess for the Advisory Body Recognition Reception. 3.b MONTH OF THE CHILD PROCLAMATION Mayor Stewart presented a proclamation declaring the month of April as "Month of the Child" to Katie Hollingsworth on behalf of SLOCOE - Child Care Planning Council. 3.c CITY MANAGER REPORT City Manager Derek Johnson provided a report on upcoming projects. 2 4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Public Comment: Kris Roudebush Maria Kelly Barry Price --End of Public Comment-- 5. CONSENT AGENDA Mayor Stewart requested Item 5d be pulled from Consent. Public Comments: Item 5f. Bob Lavelle Item 5f. Fitzgerald Kelly ---End of Public Comment--- Motion By Council Member Shoresman Second By Council Member Pease To approve Consent Calendar Items 5a to 5c and 5f. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate. 5.b MINUTES REVIEW - MARCH 13, 2023, MARCH 20, 2023, AND MARCH 21, 2023 COUNCIL MINUTES Approve the following minutes of the City Council: • March 13, 2023 - Special Council Meeting • March 20, 2023 - Special Closed Session Meeting • March 21, 2023 - Regular Meeting 3 5.c AUTHORIZATION TO ADVERTISE THE COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMPS 2022 PROJECT, SPECIFICATION NO. 2000576 1. Approve the project plans and specifications for the Community Development Block Grant (CDBG) Curb Ramps 2022 Project, Specification No. 2000576; and, 2. Authorize staff to advertise bids; and, 3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total if the lowest responsible bid is within the publicly disclosed funding amount of $650,000; and, 4. Authorize the Finance Director to appropriate $385,483 from the CDBG to the project account; and 5. Approve a transfer of $310,000 from the Sidewalk Annual Asset Maintenance Account to the project account; and 6. Approve a transfer of $45,000 from the Street Resurfacing and Reconstruction Annual Asset Maintenance Account to the project account; and 7. Approve a transfer of $24,624 from the Capital Outlay Fund Completed Projects Undesignated Capital Account to the project account; and 8. Authorize the City Engineer to approve Contract Change Orders up to the available project budget. 5.e APPROVE PARTICIPATION IN 2023 NATIONAL OPIOID LITIGATION SETTLEMENT AGREEMENTS 1. Approve City participation in the nationally negotiated opioid -related settlement agreements with pharmacies CVS, Walgreens, and Walmart ("Pharmacies"), and with pharmaceutical manufacturers Teva and Allergan (“Manufacturers”); and 2. Authorize the City Manager and City Attorney to execute documents as needed to participate in the settlement agreements. 4 5.f AUTHORIZATION TO ADVERTISE BUCHON NEIGHBORHOOD TRAFFIC MANAGEMENT PROJECT, SPECIFICATION NO. 91612 1. Approve the project plans and specifications for the Buchon Street Neighborhood Traffic Management Project, Specification Number 91612; and 2. Authorize staff to advertise for bids and the City Manager to award the construction contract, if the lowest responsible bid is within the Engineer’s Estimate of $178,200, amended by Council with the language shown below, per staff agenda correspondence: Authorize the Finance Director to transfer up to $75,000 from the FY23/24 Capital Reserve Fund, upon FY23/25 Financial Plan Adoption, to the project account; and authorize the City Manager to award the Construction Contract if the lowest responsible bid is within the available project budget of $311,150.93. 5.d APPROVAL OF THE 2023 LEGISLATIVE ACTION PLATFORM Public Comments: Dona Hare Price ---End of Public Comment--- Motion By Vice Mayor Marx Second By Council Member Shoresman 1. As recommended by Council Members Francis and Pease, adopt a Resolution No. 11404 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, establishing the City Legislative Action Platform for 2023 and appointing the Council Member and Staff Person to act as liaison between the City of San Luis Obispo and the League of California Cities” and incorporating the items discussed at the meeting. 2. Appoint the Mayor, City Manager, and City Attorney to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 5 6. PUBLIC HEARING AND BUSINESS ITEMS 6.a REVIEW AN APPEAL OF A PLANNING COMMISSION DECISION DENYING ARCHITECTURAL REVIEW APPLICATION ARCH-0040-2021, REGARDING DEVELOPMENT OF PROPERTY AT 841 PATRICIA DRIVE (APPL-0075-2023; ARCH-0040-2021; EID-0547-2021) Senior Planner Brian Leveille and Assistant Planner Walter Oetzell provided an in-depth staff report and responded to Council questions. Public Comments: Carol Florence - Appellant's Representative Julie Michaels - Appellant Joanne Ruggles Jim apRoberts Kathy apRoberts Victoria Frydenlund Ron Winter Jud Clark Donny Valliere Father Ed Holterhoff ---End of Public Comment--- Ex-parte Communications: Vice Mayor Marx indicated that she had no ex-parte communications with appellants and that she did meet with staff and read the staff agenda correspondence. Council Member Shoresman indicated that she had no ex-parte communications with appellants and that she did meet with staff and read the staff agenda correspondence. Council Member Francis indicated she met with the Michaels family and their team onsite and that she did meet with staff and read the staff agenda correspondence. Council Member Pease indicated she met with the Michaels family and their team onsite and that she did meet with staff and read the staff agenda correspondence. Mayor Stewart indicated she met with the Michaels family and their team onsite and that she did meet with staff and read the staff agenda correspondence. 6 Motion By Vice Mayor Marx Second By Council Member Francis Adopt Resolution No. 11405 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an Appeal and upholding the Planning Commission’s decision denying Architectural Review Application ARCH-0040-2021, regarding development of property at 841 Patricia Drive (APPL-0075-2023)” with the following amendment: SECTION 3. Action. The City Council does hereby deny the subject appeal, without prejudice, filed by Eric and Julie Michaels, and upholds the Planning Commission’s decision to deny Architectural Review application ARCH-0040-2021, regarding proposed development of the property at 841 Patricia Drive, including a request for exception to required creek setbacks, and directs staff to work with the Applicant on a redesign that does not require a creek setback exception. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 6.b ADOPTION OF THE COMMUNITY FOREST PLAN Deputy City Manager Greg Hermann and Sustainability & Natural Resources Official Bob Hill provided an in-depth staff report and responded to Council questions. Public Comments: Hailey Powell Dona Hare Price ---End of Public Comment--- Motion By Mayor Stewart Second By Council Member Shoresman As recommended by the Tree Committee, adopt Resolution No. 11406 (2023 Series) entitled, “A Resolution of the City Council of San Luis Obispo, California, approving the Community Forest Plan and a determination of Categorial Exemption from the California Environmental Quality Act.” 7 6.c DISCUSSION REGARDING THE COUNTY OF SAN LUIS OBISPO’S REQUEST TO REJOIN THE INTEGRATED WASTE MANAGEMENT AUTHORITY (Estimated Time: 10 minutes) ACTION: By consensus, the Council provided direction to Vice Mayor Marx that the City of San Luis Obispo would be in support of negotiations with the County of San Luis Obispo to rejoin the IWMA. 7. STUDY SESSION 7.a STUDY SESSION: BROADBAND PLAN UPDATE Deputy City Manager Greg Hermann and Network Services Supervisor Josh Erquiaga provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Motion By Vice Mayor Marx Second By Council Member Shoresman To support the public/private partnership model and authorize staff to release an RFP for a partner. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 8. LIAISON REPORTS AND COMMUNICATIONS None 9. ADJOURNMENT The meeting was adjourned at 10:20 p.m. The City Council will hold a Special Meeting on Thursday, April 6, 2023 at 1:00 p.m. in the Council Hearing Room at City Hall. The next Regular Meeting of the City Council will be held on April 18, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 04/18/2023