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Home My WebLink About04-18-2023 City Council Minutes 1 Council Minutes April 18, 2023, 5:30 p.m. Council Chambers, 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 18, 2023 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart. 2. PLEDGE OF ALLEGIANCE Council Member Shoresman led the Council in the Pledge of Allegiance. 3. PRESENTATIONS 3.a SEXUAL ASSAULT ACTION MONTH PROCLAMATION Mayor Stewart presented a proclamation declaring the month of April as "Sexual Assault Action Month" to Dave Juhnke on behalf of Lumina Alliance. 3.b INTRODUCTION - CHERE VALENCIA, PAYROLL ANALYST Finance Director Emily Jackson introduced Chere Valencia, Payroll Analyst. 3.c CITY MANAGER REPORT City Manager Derek Johnson provided a report on upcoming projects. 3.d CITYWIDE USER AND IMPACT FEE STUDY PRESENTATION Business Manager Rebecca Bernstorff provided a presentation on a Citywide User and Impact Fee Study. 2 4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Public Comment: Dan Carpenter Jeffery Specht --End of Public Comment-- 5. CONSENT AGENDA Mayor Stewart requested that Item 5e and 5k be pulled from Consent. Council Member Pease requested that Item 5g be pulled from Consent. Public Comments: Item 5c - Kevin Kerr Item 5f - Jeffery Specht Item 5h - Scott Collins ---End of Public Comment--- Motion By Council Member Pease Second By Council Member Shoresman To approve Consent Calendar Items 5a to 5j. 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 - APRIL 4, 2023 COUNCIL MINUTES Approve the minutes of the City Council meeting held on April 4, 2023. 5.c ADOPT ORDINANCE NO. 1726 (2023 SERIES) AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM 2.15 AND POLICY 6.6 TO PROVIDE A DOWNTOWN FLEXIBLE DENSITY PROGRAM Adopt Ordinance No. 1726 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code to incorporate a Downtown Flexible Density Program for qualifying residential projects. Project is consistent with the previous Mitigated Negative Declaration for the 2018 Comprehensive Zoning Regulations Update (Downtown Flexible Density Program, CODE-0017-2023).” 3 5.d REVIEW AND ACCEPT THE 2022 GENERAL PLAN ANNUAL REPORT As recommended by the Planning Commission, review and accept the 2022 General Plan Annual Report. 5.f APPROVE AMENDMENTS TO APPOINTED OFFICIALS’ COMPENSATION 1. Adopt Resolution No. 11408 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for the City Manager” to approve an amendment to the City Manager’s employment contract; and 2. Adopt Resolution No. 11409 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for the City Attorney” approving amendment to the City Attorney’s employment contract; and 3. Authorize the Mayor to execute amended contracts of employment with the City Manager, adjusting his salary and deferred compensation contribution, and approve mediation training for the City Attorney. 5.h AFFORDABLE HOUSING FUND AWARD AND ELIGIBLE FEE DEFERRAL LOANS TO HASLO FOR THE 736 ORCUTT ROAD APARTMENT AND 279 BRIDGE STREET FAMILY APARTMENT PROJECTS Adopt Resolution No. 11411 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving Affordable Housing Fund Awards to the Housing Authority of San Luis Obispo for the 736 Orcutt Road Apartments and t he 279 Bridge Street Family Apartments in the amount of $3,200,000” approving: 1. Award of Affordable Housing Funds in the amount of $2,000,000 and eligible fee deferral loan to assist the Housing Authority of San Luis Obispo (HASLO) with the rehabilitation and construction of the 736 Orcutt Road Apartments located at 736 Orcutt Road; and 2. Award of Affordable Housing Funds and in the amount of $1,200,000 and eligible fee deferral loan to assist the Housing Authority of San Luis Obispo (HASLO) with the construction of the Bridge Street Family Apartments located at 279 Bridge Street. 4 5.i AUTHORIZE STAFF TO SUBMIT A JOINT APPLICATION FOR HOMEKEY ROUND 3 GRANT PROGRAM IN CONJUNCTION WITH PEOPLE’S SELF HELP HOUSING CORPORATION 1. Adopt Resolution No. 11412 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing Joint Application to and participation in the Homekey Program” in conjunction with People’s Self Help Housing Corporation (PSHHC) for a 20-30 unit permanent supportive and transitional housing project located at 920 Olive Street in a total not to exceed $18,000,000; and 2. Direct staff to work with PSHHC to complete due diligence necessary for the application; and 3. Authorize the City Manager, or their designee, to execute the grant documents; and 4. Direct Staff to return to the City Council with a Memorandum of Agreement outlining partnership service, program, and funding commitments prior to accepting Homekey funds. 5.j APPROPRIATE AWARDED AIR POLLUTION CONTROL DISTRICT (APCD) GRANT FUNDS AND FUTURE PG&E REBATES TO THE TRANSIT FACILITY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROJECT, SPECIFICATION 1000535 1. Authorize the Finance Director to appropriate $482,677 of awarded grant funding from the Air Pollution Control District (APCD) to the project account (Spec. 2000535); and 2. Authorize the Finance Director to appropriate up to $50,000 of grant funding from PG&E to the project account (Spec. 2000535) once awarded; and 3. Adopt Resolution No. 11413 (2023 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing appropriation of Air Pollution Control District (APCD) Grant Funds and PG&E Funds to support the Transit Facility Electric Vehicle Charging Infrastructure Project, Specification Number 1000535." 5 Pulled from Consent by Mayor Stewart. 5.e ANNUAL MONITORING FOR THE SAN LUIS RANCH DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS Vice Mayor Marx declared a conflict on this item and recused due to owning property within the development. Motion By Council Member Shoresman Second By Council Member Francis Receive and file the annual monitoring report for the San Luis Ranch Development Agreement, mitigation measures, and required pr oject conditions. Ayes (4): Council Member Francis, Council Member Pease, Council Member Shoresman, and Mayor Stewart Recused (1): Vice Mayor Marx CARRIED (4 to 0) Pulled from Consent by Council Member Pease. 5.g ADOPT A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ESTABLISH A “PARK LOCAL” PILOT PROGRAM Motion By Council Member Francis Second By Council Member Shoresman Adopt Resolution No. 11410 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Public Works Director or their designee to implement the Park Local Pilot Program” that provides a continuation of the first hour free in the gateless parking structures to registered San Luis Obispo County residents. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) Pulled from Consent by Mayor Stewart. 5.k AUTHORIZE THE CITY MANAGER AND THE COMMUNITY DEVELOPMENT DIRECTOR TO ADMINISTRATIVELY SUSPEND ENFORCEMENT OF SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 8.11, CONSISTENT WITH THE NINTH COURT OF APPEAL RULING 6 Council Member Pease declared a conflict on this item and recused due to her employment in the building industry. City Attorney Christine Dietrick provided a brief report and responded to Council questions. Public Comments: Eric Veium Randy Carminati ---End of Public Comment--- Motion By Vice Mayor Marx Second By Council Member Shoresman To approve that there is a need to take immediate action to authorize the City Manager and Community Development Director to implement administrative measures currently necessary, or as subsequently may become necessary in response to subsequent judicial actions, to comply with the ruling of the Ninth Circuit Court of Appeal in California Restaurant Association v. City of Berkeley (Case No. 21-16278.) Ayes (4): Council Member Francis, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart Recused (1): Council Member Pease CARRIED (4 to 0) Motion By Vice Mayor Marx Second By Council Member Shoresman Adopt Resolution No. 11414 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager and the Community Development Director to administratively suspend enforcement of San Luis Obispo Municipal Code Chapter 8.11, consistent with, and only as required by, the decision of the Ninth Circuit Court of Appeal Ruling in California Restaurant Association v. City of Berkeley and any subsequent judicial proceeding or order of the Court related to the timing and application of the ruling.” Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart Recused (1): Council Member Pease CARRIED (4 to 0) 7 6. PUBLIC HEARING AND BUSINESS ITEMS 6.a AUTHORIZATION TO ADVERTISE ARTERIALS 2023 PROJECT, SPECIFICATION NO. 2001001-1 (Estimated Time: 20 minutes) Public Works Director Matt Horn and CIP Program Administrative Manager Greg Cleary provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Motion By Mayor Stewart Second By Council Member Francis 1. Approve the project plans and specifications for Arterials 2023, Specification Number 2001001-1, for a total amount of $9,688,450; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the construction contract, including the Base Bid and any Additive Alternates, if the lowest responsible bid is within the publicly disclosed funding amount of $7,350,000; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 6.b 2023-25 FINANCIAL PLAN – STRATEGIC BUDGET DIRECTION AND MAJOR CITY GOAL WORK PROGRAM REVIEW (Estimated Time: 150 minutes) Finance Director Emily Jackson and Budget Analyst Natalie Harnett provided an in-depth staff report and responded to Council questions. Public Comments: David Baldwin Bettina Swigger ---End of Public Comment--- 8 Motion By Vice Mayor Marx Second By Council Member Shoresman 1. Review the strategic budget direction report; and 2. Provide feedback and guidance to the City Manager regarding the recommended strategic budget direction and proposed budget allocations to commence budget adoption on June 6, 2023. Council provided the following feedback: o To move forward with overall rough appropriation as outlined in the staff report and return on June 6, 2023 with the Financial Plan. o To scope an item around parking minimums for consideration at the June 6, 2023 City Council Meeting. 3. Authorize participation in the Excess Protection Program (EPP) for workers’ compensation coverage. o Authorize the City Manager to accept a Memorandum of Coverage (MOC), when finalized, from California Joint Powers Insurance Authority (CJPIA) for the Excess Protection Program for workers’ compensation coverage and execute any necessary documentation to enroll in that program. o Adopt Resolution No. 11415 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to authorize and approve pooling of Self-Insurance through the Excess Workers’ Compensation Protection Program of the California Joint Powers Insurance Authority”. This includes contemporaneous execution by the Mayor of an application for a Certificate of Consent, from the California Department of Industrial Relations, for the City to self-insure workers’ compensation liabilities. o Authorize City Manager to execute an agreement with Athens Administrators for third-party administration services for the workers’ compensation program. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 9 7. LIAISON REPORTS AND COMMUNICATIONS Vice Mayor Marx updated the Council on the IWMA Board meeting. She also attended the ribbon cutting for the SLOMA lawn sculpture and C al Poly Arts preview Reception. Council Member Shoresman attended the Fire Recruit graduation and pinning ceremony, the SLOMA ‘Art after Dark’ event, and the Better Together Lunch. Council Member Francis attended the following meetings: SLOCOG, CAPSLO orientation, and WRAC. She also attended the Fire Recruit graduation and pinning ceremony. Council Member Francis attended the Cal Cities Leaders’ Summit in Sacramento, which was paid for by the City. Council Member Pease attended the SLOCOG meeting in Arroyo Grande and the WRAC meeting. Mayor Stewart also attended the Cal Cities Leaders’ Summit in Sacramento , which was paid for by the City. She also attended the Fight for Trans Rights rally, spoke to the College Corp group, and attended the Cal Poly Open House. 8. ADJOURNMENT The meeting was adjourned at 10:25 p.m. The next Regular Meeting of the City Council will be held on May 2, 2023 with Closed Session at 4:30 p.m. in the Council Hearing Room and the Regular Meeting at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 05/02/2023