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Home My WebLink About05-16-2023 City Council Minutes 1 Council Minutes May 16, 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. CLOSED SESSION: STARTS AT 4:00 PM 1.a CALL TO ORDER A Closed Session Meeting of the San Luis Obispo City Council was called to order on May 16, 2023 at 4:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. by Mayor Erica A. Stewart. 1.b CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION City Attorney Christine Dietrick stated that Council gave litigation direction, strategy direction, and negotiation direction. No further action was taken. 1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS (APN 002-326-021) City Attorney Christine Dietrick indicated the Council provided direction to price and terms. 1.d CONFERENCE WITH LABOR NEGOTIATORS City Attorney Christine Dietrick stated the Council provided no reportable action was taken. 1.e ADJOURNMENT The Closed Session was adjourned at 5:26 p.m. to the Regular meeting of the City Council on May 16, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. 2 2. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on May 16, 2023 at 5:40 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart. 3. PLEDGE OF ALLEGIANCE Council Member Francis led the Council in the Pledge of Allegiance. 4. PRESENTATIONS 4.a LAGUNA MIDDLE SCHOOL COMMUNITY SERVICE AWARDS PRESENTATION Mila Vujovich-LeBarre announced the names of the students who completed 30+ hours of Community Service. 4.b PUBLIC WORKS AND UTILITIES WEEK PROCLAMATION Mayor Stewart presented a proclamation declaring May 21 through May 27, 2023 as "Public Works and Utilities Week" to Public Works Director Matt Horn and Utilities Director Aaron Floyd. 4.c NATIONAL FOSTER CARE MONTH PROCLAMATION Mayor Stewart presented a proclamation declaring the month of May as "National Foster Care Month." 4.d SEWER AND WATER RATES AND WATER SUPPLY UPDATE PRESENTATION Utilities Director Aaron Floyd and Utilities Business Manager Shane Whittington provided a presentation on the Water and Stewart rates and the water supply update and responded to Council questions. 4.e CAL PERS ADDITIONAL DISCRETIONARY PAYMENT AND FUTURE PAYMENTS PRESENTATION Finance Director Emily Jackson and Mary Beth Redding, Foster & Foster Inc., provided a Presentation on the CalPERS additional Discretionary Payment and future payments and responded to Council questions. 4.f CITY MANAGER REPORT City Manager Derek Johnson provided a report on upcoming projects. 3 5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Public Comment: None --End of Public Comment-- 6. CONSENT AGENDA Motion By Vice Mayor Marx Second By Council Member Francis To approve Consent Calendar Items 6a to 6i. Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate. 6.b MINUTES REVIEW - MAY 2, 2023 COUNCIL MINUTES Approve the minutes of the City Council meeting held on May 2, 2023. 6.c SECOND READING OF ORDINANCE NO. 1727 (2023 SERIES) AMENDING THE ZONING MAP TO EXPAND THE CANNABIS BUSINESS OVERLAY ZONES AND SECOND READING OF ORDINANCE NO. 1728 (2023 SERIES) AMENDING CHAPTER 9.10 ADDING REQUIREMENTS FOR REAL PROPERTY OWNERS 1. Adopt Ordinance No. 1727 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City’s Zoning Map to expand the Cannabis Business Overlay Zones where cannabis businesses may be located as may be allowed or conditionally allowed by the underlying base zones and the rules and regulations established in the city’s municipal code (RZ-0118-2023)”; and 2. Adopt Ordinance No. 1728 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 9.10 (Cannabis Regulations) of the Municipal Code adding requirements for owners that lease real property to commercial cannabis operators (CODE-0164-2023).” 4 6.d ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT AND RESCINDING OF EMERGENCY DROUGHT DECLARATION 1. Receive and file the City’s 2023 Water Supply and Demand Assessment; and 2. Adopt Resolution No. 11419 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, rescinding Resolution No. 11353, returning the City of San Luis Obispo to the Monitor Stage of its Water Shortage Contingency Plan.” 6.e 2023-24 CENTRAL SERVICES COST ALLOCATION PLAN Adopt the 2023-24 Central Services Cost Allocation Plan including the Cost of Services Allocation and Labor Rates. 6.f FY 2023-24 GRANT APPLICATIONS FOR THE ALCOHOLIC BEVERAGE CONTROL, OFFICE OF TRAFFIC SAFETY, AND POLICE REFORM AND RACIAL JUSTICE GRANT PROGRAM 1. Authorize staff to submit grant applications to the following entities: a. FY 2023-24 Department of Alcoholic Beverage Control in an amount not to exceed $95,000. b. FY 2023-24 Office of Traffic Safety in the amount not to exceed $170,000. c. FY 2023-24 Police Reform and Racial Justice Grant Program not to exceed $75,000. 2. Adopt Resolution No. 11420 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Authorizing Grant Applications for Funding Provided Through the Department of Alcoholic Beverage Control to Increase Education and Enforcement Programs Focusing on Underage Drinking and Retail Alcohol Outlets” authorizing the City Manager to enter into a contract with the State as required by the Department of Alcoholic Beverage Control; and 3. If the grants are awarded, authorize the City Manager or his designee to execute grant related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant. 5 6.g AUTHORIZATION OF ADDITIONAL FUNDING FOR THE GROUNDWATER CONTAMINATION CHARACTERIZATION PROJECT IMPLEMENTATION PHASE 1. Approve the use of up to $730,085 of available funding for the Groundwater Contamination Characterization Project, Proposition 1 Groundwater Grant Program Round 3 Implementation Phase; and 2. Authorize the City Manager to execute required grant, consultant, and construction-related agreements; and 3. Authorize the City Manager to approve amendments and change orders up to $412,494 or the remaining project balance; and 4. Authorize the City Manager to approve contract agreements for the project, not to exceed a cumulative total of $7,020,344. 6.h AUTHORIZATION TO ADVERTISE RESERVOIR NO. 2 COVER REPLACEMENT, SPECIFICATION 2000034-2 1. Approve the project plans and specifications for Reservoir No. 2 Cover Replacement, Specification Number 2000034-2; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the construction contract f or the lowest responsible bid if within the Publicly Disclosed Funding Limit of $2,500,000; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget. 6.i 2023-24 ROAD MAINTENANCE RECOVERY ACT (SB1) FUNDING AND PROJECTS Adopt Resolution No. 11421 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting a list of projects for Fiscal Year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017.” 6 7. PUBLIC HEARING AND BUSINESS ITEMS 7.a APPROPRIATE FUNDING FOR THE INFRASTRUCTURE INVESTMENT FUND FOR THE REAL PROPERTY ACQUISITION OF 1106 WALNUT STREET, SAN LUIS OBISPO, CALIFORNIA (15 MINUTES) City Manager Derek Johnson provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Motion By Council Member Shoresman Second By Council Member Pease 1. Approve the purchase of 1106 Walnut Street; and 2. Appropriate funding in the amount of $5,770,000 from the Infrastructure Investment Fund and transfer to the Capital Outlay Fund for the real property acquisition of 1106 Walnut Street and the creation of a Capital Improvement Program Project to fund a project to address security, IT and other costs associated with the City’s use and occupation of the building; and 3. Adopt Resolution No. 11422 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation for Fiscal Year 2022-23 for purchase and use of the office building located at 1106 Walnut Street.” Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 7.b FISCAL YEAR 2022-23 THIRD QUARTER BUDGET REVIEW (30 MINUTES) Finance Director Emily Jackson and Principal Budget Analyst Natalie Harnett provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: By consensus, the Council agreed to receive and file the Fiscal Year 2022-23 Third Quarter Budget report. 7 7.c INTRODUCE AN ORDINANCE TO REPEAL AND REPLACE MUNICIPAL CODE TITLE 16 APPROVING A COMPREHENSIVE UPDATE TO THE SUBDIVISION REGULATIONS (45 MINUTES) Community Development Director Michael Codron and Senor Planner Brian Leveille provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Motion By Council Member Pease Second By Council Member Shoresman As recommended by the Planning Commission, introduce Ordinance No. 1729 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, repealing Title 16 (Subdivision Regulations) of the Municipal Code in its entirety and introducing and adopting a replacement Title 16 to include recommended updates and amendments as reflected in the attached Exhibit A (CODE-0155-2023)” Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart CARRIED (5 to 0) 7.d RIGHETTI HILL OPEN SPACE CONSERVATION PLAN (45 MINUTES) Deputy City Manager Greg Hermann and Sustainability and Natural Resources Official Bob Hill provided an in-depth staff report and responded to Council questions. Public Comments: Geraldine Clemens ---End of Public Comment--- Motion By Vice Mayor Marx Second By Council Member Pease Adopt Resolution No. 11423 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Righetti Hill Open Space Conservation Plan and adoption of an Addendum to the Orcutt Area Specific Plan Final Environmental Impact Report.” 8 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 Council Member Pease attended CAPSLO Solar ribbon cutting and the IWMA orientation. She also announced that Build Better SLO was sponsoring a presentation on Parking Paradox on Thursday, May 18 at 6:00 PM. Vice Mayor Marx attended an SCLC Meeting, the Asian Pacific Islanders celebration, and the Central Coast Energy policy meeting. Council Member Francis attended CAPSLO Solar ribbon cutting and the Frost building dedication. Mayor Stewart spoke at the Frost Building ribbon cutting and the National Association of Federal Employees conference. She attended the Nuclear Regulatory Commission's Government-to-Government meeting, the Mayor/Advisory Body Chairs Quarterly update, the Cal Poly Diversity Awards, and the offshore wind presentation in Morro Bay. She also announced that June 2 is Hunger Awareness Day in San Luis Obispo. Council Member Shoresman attended the Nuclear Regulatory Commission's Government-to-Government meeting and after toured the Diablo plant. She indicated she was looking forward to Bike Breakfast on Thursday, May 18, at Fire Station No. 1. 9. ADJOURNMENT The meeting was adjourned at 10:12 p.m. The next Regular City Council Meeting is scheduled for June 6, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 06/06/2023