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Home My WebLink About06-02-2020 Agenda - Amended Tuesday, June 2, 2020 – AMENDED *Agenda amended to reflect updated Webinar registration information, as shown in italics below. San Luis Obispo Page 1 Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be holding all public meetings via teleconference. There will be no physical location for the Public to view the meeting. Below are instructions on how to view the meeting remotely and how to leave public comment. Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate in the meeting to the same extent as if they were present. Using the most rapid means of communication available at this time, members of the public are encouraged to participate in Council meetings in the following ways: 1. Remote Viewing - Members of the public who wish to watch the meeting can view: • View the Webinar (recommended for the best viewing quality): ➢ Registration URL: https://attendee.gotowebinar.com/register/5219696564548348429 ➢ Webinar ID: 913-466-059 ➢ Telephone Attendee: (415) 655-0052; Audio Access Code: 442-029-509 • Televised live on Charter Cable Channel 20 • View a livestream of the meeting online at: https://www.slocity.org/channel20 2. Public Comment - The City Council will still be accepting public comment. Public comment can be submitted in the following ways: • Mail or Email Public Comment ➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401 ➢ Emails sent after 3:00 PM and up until public comment is opened on the item – Limited to one page emailed to cityclerk@slocity.org, which will then be read aloud during the public comment period on the item specified. • Verbal Public Comment ➢ Received by 3:00 PM on the day of the meeting - Call (805) 781-7164; state and spell your name, the agenda item number you are calling about and leave your comment. The verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the Council Members and saved as Agenda Correspondence. ➢ During the meeting – Comments can be submitted up until the Public Comment period is opened for the item when joining via the webinar (instructions above). Please contact the City Clerk’s office at cityclerk@slocity.org to more information. All comments submitted will be placed into the administrative record of the meeting. San Luis Obispo Page 2 5:30 PM CLOSED SESSION TELECONFERENCE Not available via Webinar CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez and Mayor Heidi Harmon PUBLIC COMMENT ON CLOSED SESSION ITEM How to provide public comment on this item only: https://global.gotomeeting.com/join/288399253 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly) United States: +1 (872) 240-3212 One-touch: tel:+18722403212,,288399253# Access Code: 288-399-253 Once public comment is over for this item, the meeting will be closed to the public. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. No. of potential cases: Two. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation include the following: On September 3, 2019, the City Council adopted the Clean Energy Choice Program with the second reading of the related ordinances planned for the September 17, 2019, Council meeting. On September 13, 2019, the City received correspondence from legal counsel representing the Utility Workers Union of America Local 132 alleging violations of conflict-of-interest rules related to the ordinances, which was followed by notification of a formal complaint being filed with the California Fair Political Practices Commission (“FPPC”) against Councilmember Pease. The September 13, 2019, letter is on file with the City Clerk. San Luis Obispo City Council Agenda June 2, 2020 Page 3 San Luis Obispo Page 3 On September 20, 2019, the City requested formal advice from the FPPC on behalf of Councilmember Pease and a majority of the City Council regarding the application of the commission’s statutes, rules and regulations concerning the City’s adoption of the Clean Energy Choice Program. On October 12, 2019, the City was notified that the FPPC would not be providing advice as requested. On October 28, 2019, the City requested formal advice from the FPPC on behalf of just a majority of the City Council regarding the application of the commission’s statutes, rules and regulations concerning the City’s adoption of the Clean Energy Choice Program. On November 14, 2019, the FPPC issued a formal letter declining to provide advice as requested. That November 14, 2019, letter is on file with the City Clerk. Additionally, the City has received correspondence dated October 1, 2019, from Saro G. Rizzo, Attorney at Law, expressing concerns with the City’s Clean Energy Choice Program ordinances. The October 1, 2019 letter is on file with the City Clerk. All letters on file are available for review in the City Clerk’s Office located at 990 Palm Street. ADJOURNMENT Adjourn to the Regular City Council Meeting scheduled for Tuesday, June 2, 2020 at 6:00 p.m. via teleconference. San Luis Obispo City Council Agenda June 2, 2020 Page 4 San Luis Obispo Page 4 6:00 PM REGULAR MEETING TELECONFERENCE Broadcasted via Webinar CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez and Mayor Heidi Harmon PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (Not to exceed 15 minutes total) The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items. CONSENT AGENDA Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation: Waive reading of all resolutions and ordinances as appropriate. 2. MINUTES REVIEW - MAY 5, 2020 CITY COUNCIL MEETING AND MAY 8, 2020 SPECIAL CITY COUNCIL / DISASTER COUNCIL MEETING (PURRINGTON) Recommendation: Approve the minutes of the City Council meetings held on May 5, 2020 and May 8, 2020. San Luis Obispo City Council Agenda June 2, 2020 Page 5 San Luis Obispo Page 5 3. REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR THE VIRGINIA LEVERING LATIMER HOUSE (A MASTER LIST RESOURCE) (CODRON / OETZELL) Recommendation: As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Historic Property Preservation Agreement between the City and the owners of the Virginia Levering Latimer House at 858 Toro Street (Application No. HIST -0048-2020).” 4. AUTHORIZATION TO CONTINUE THE COLLECTION OF MULTI-DWELLING PROPERTY FIRE AND LIFE SAFETY INSPECTION FEES (AGGSON / BLATTLER) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to collect fees for 2020-21 Fire and Life Safety Inspections of Multi-Dwelling Properties containing three or more dwelling units on the Secured Property Tax Roll pursuant to California Government Code Section 54988, Et Seq.” 5. HISTORIC SIGNIFICANCE DETERMINATION FOR A CONTRIBUTING LIST PROPERTY AT 1156 PEACH STREET (CODRON / OETZELL) Recommendation: As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, removing the property at 1156 Peach Street from the Contributing Properties List of Historic Resource s (1156 Peach St, HIST-0036-2020).” 6. AUTHORIZATION TO ADOPT THE MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN (AGGSON / BLATTLER) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Disaster Mitigation Act (DMA 2000) County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan 2019 Update” and accompanying City specific annex. San Luis Obispo City Council Agenda June 2, 2020 Page 6 San Luis Obispo Page 6 7. ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) ENTERPRISE LICENSE RENEWAL (HERMANN / GUARDADO / WILWAND) Recommendation: Approve an agreement with Environmental Systems Research Institute (ESRI), Inc. for a three-year, small Government Enterprise License Agreement (ELA) in the amount of $112,100 payable on an annual basis at $36,100 for the first year, $37,500 for the second year, and $38,500 for the third year. 8. ORCUTT / TANK FARM ROUNDABOUT DESIGN BUDGET AMENDMENT REQUEST (SPEC. #91611) (HORN / RICE) Recommendation: 1. Adopt a Resolution entitled “A Resolution of the Council of the City of San Luis Obispo, California, approving an Amendment to the Orcutt Tank Farm Roundabout Design and Related Budgetary Appropriations;” and 2. Appropriate from the Citywide Transportation Impact Fee Fund balance $100,435 to support the Orcutt/Tank Farm Roundabout (Spec. #91611) design phase; and 3. Authorize the Finance Director to increase the Purchase Order to GHD for design services in the amount of $100,435. 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1682 (2020 SERIES) AMENDING CHAPTER 2.40 OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE REQUIRING ELECTRONIC FILING OF CAMPAIGN DISCLOSURE DOCUMENTS AND PROVIDING FOR ADMINISTRATIVE ENFORCEMENT OF CAMPAIGN REGULATIONS VIOLATIONS (PURRINGTON) Recommendation: Adopt Ordinance No. 1682 (2020 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 2 of the City of San Luis O bispo Municipal Code adding to Section 2.40.060 – Electronic Signature and Submission of Campaign Disclosure Documents, and amending Section 2.40.100 (Civil Actions) to provide for Administrative Enforcement of violations.” 10. FISCAL YEAR 2020-21 CENTRAL SERVICE COST ALLOCATION PLANS, COST OF SERVICES FEE CALCULATION, AND LABOR RATES (ELKE) Recommendation: Approve the 2020-21 Central Service Cost Allocation Plans including the Cost of Services Fee Calculation, and Labor Rates. San Luis Obispo City Council Agenda June 2, 2020 Page 7 San Luis Obispo Page 7 PUBLIC HEARING AND BUSINESS ITEMS *Item #11 was distributed in advance of publishing the agenda to allow extra time for review. This item is available separately as a 230-page report and will not be incorporated into the combined agenda packet. 11. 2019-21 FINANCIAL PLAN SUPPLEMENT AND 2020-21 BUDGET (ELKE / HARNETT – 60 MINUTES) 1. Adopt a Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo, California, adopting the Appropriation Limits for Fiscal Year 2020-21 and revising the Appropriation Limits for Fiscal Years 2017-18, 2018-19, 2019-20” establishing the City’s appropriation limit for 2020-21 in compliance with Article XIII B of the State Constitutions, Gann Spending Limitation; and 2. Review and approve the 2019-21 Financial Plan Supplement and 2020-21 Budget and approve a Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving the 2020-21 Financial Plan Supplement and Budget Appropriations” and 3. Adopt Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, deferring future parking rates increases, suspending current hourly parking rates for parking structures, and reducing rates for Monthly Parking Programs” to defer future parking rate increases and introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Section 10.52.010 (Parking Meter Zone Rates) of the San Luis Obispo Municipal Code.” 12. REVIEW OF AN APPEAL (FILED BY SAN LUIS ARCHITECTURAL PROTECTION) OF THE PLANNING COMMISSION’S DECISION TO APPROVE A FOUR-STORY MIXED-USE PROJECT (545 HIGUERA STREET, 486 MARSH STREET, ARCH-0017-2019) (CODRON / SCOTT – 60 MINUTES) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Planning Commission’s approval of a 50-foot tall mixed-use project consisting of 5,241 square feet of ground-floor retail, eight hotel suites, and 39 residential units, including mechanical parking lifts, and a Categorical Exemption from Environmental Review, as represented in the staff report and attachments (545 Higuera Street, 486 Marsh Street, ARCH-0017-2019).” San Luis Obispo City Council Agenda June 2, 2020 Page 8 San Luis Obispo Page 8 LIAISON REPORTS AND COMMUNICATIONS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, June 16, 2020 at 6:00 p.m., via teleconference. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100.