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Home My WebLink About07-19-2022 City Council Minutes 1 Council Minutes July 19, 2022, 5:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Council Members Present: Council Member Jan Marx, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Carlyn Christianson, Mayor Erica A. Stewart City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk _____________________________________________________________________ 1. CLOSED SESSION City Attorney Christine Dietrick provided the listed action on the Closed Session: 1.a CONFERENCE WITH LABOR NEGOTIATORS – No Reportable Action 1.b CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION – No Reportable Action 1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS (APN 002-482-017) – City Council provided direction on price and terms 2. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on July 19, 2022 at 6:00 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart, with Council Members Marx and Pease participating remotely. 3. PLEDGE OF ALLEGIANCE Vice Mayor Christianson led the Council in the Pledge of Allegiance. 4. PRESENTATIONS 4.a INTRODUCTIONS - NEW / PROMOTED FIRE DEPARTMENT STAFF Fire Chief Keith Aggson introduced new members of the Fire Department's Mobile Crisis Unit. 2 4.b CITY MANAGER REPORT City Manager Derek Johnson provided a report on upcoming projects. 5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Public Comment: Fitz Kelly Jeffery Specht --End of Public Comment-- 6. CONSENT AGENDA Council Member Pease indicated she would recuse herself from Item 6d. Mayor Stewart requested that Item 6i be pulled from the Consent Agenda. Public Comments: 6d – Lindy Hatcher 6f – Joe Benson ---End of Public Comment--- Motion By Council Member Pease Second By Vice Mayor Christianson To approve Consent Calendar Items 6a to 6h. Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, 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 - JULY 5, 2022 COUNCIL MINUTES Approve the minutes of the City Council meeting held on July 5, 2022. 6.c SECOND READING OF ORDINANCE NO. 1716 (2022 SERIES) AMENDING THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE TITLE 5, TO AMEND CHAPTER 5.50 (SIDEWALK CAFES) AND ADD CHAPTER 5.51 (PARKLETS) Adopt Ordinance No. 1716 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 5 (Licenses, Permits, and Regulations) of the Municipal Code to amend Chapter 5.50 (Sidewalk Cafés) and add Chapter 5.51 (Parklets).” 3 6.d SECOND READING OF ORDINANCE NO. 1717 AND 1718 (2022 SERIES) ADDING CHAPTER 8.10 TO THE MUNICIPAL CODE TO REQUIRE ALL-ELECTRIC NEW BUILDINGS AND TO AMEND TITLE 17 TO PROVIDE LIMITED TERM REGULATORY FLEXIBILITY Council Member Pease indicated she would be recusing herself from this item as the FPPC is still reviewing a complaint regarding her ability to vote on this subject due to the nature of her work as a consultant. 1. Adopt Ordinance No. 1717 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 8 (Health and Safety) of the San Luis Obispo Municipal Code by adding Chapter 8.10 requiring all-electric new buildings”; and 2. Adopt Ordinance No. 1718 (2022 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 supporting the Clean Energy for New Buildings Program (PL-CODE-0286-2022)” to provide regulatory flexibility through December 31, 2025 in support of the Clean Energy for New Buildings Incentive Program. 6.e APPROVE A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR 211 CHORRO STREET (THE MULLER-NOGGLE HOUSE AND GARAGE) Adopt Resolution No. 11345 (2022 Series) 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 Muller-Noggle House and Garage at 211 Chorro Street (Application No. HIST-0174-2022).” 6.f APPROVE A TRANSIT SERVICE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL POLY Authorize the City Manager to enter into a Transit Service Agreement with California State Polytechnic University to provide Transit Service for Fiscal Years 2022-23 and 2023-24. 6.g AUTHORIZATION TO ADVERTISE CHENG PARK REVITALIZATION PROJECT, SPECIFICATION NO. 91385-10 1. Approve the project plans and special provisions for the Cheng Park Revitalization, Specification 91385-10; and 2. Authorize staff to advertise for bids; and 4 3. Authorize the City Manager to award the Construction Contract for the bid total if the lowest responsible bid is within the Engineer’s Estimate of $400,000; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and 5. Authorize an appropriation up to $200,000 in Capital Reserve Funds to support completion of the project; and 6. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Reserve Fund balance after project completion; and 7. Adopt Resolution No. 11346 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support Cheng Park Revitalization, Specification Number 91385-10”. 6.h DEPLOYMENT OF PUBLIC ELECTRIC VEHICLE CHARGING INFRASTRUCTURE ON CITY PROPERTY 1. Authorize the City Manager to enter into an Agreement with ChargePoint to develop the project scope, conduct site assessments, and prepare design packages in order to develop no-cost deployment of public electric vehicle chargers and related infrastructure on City Property, in a form satisfactory to the City Attorney; and 2. Direct staff to negotiate terms for a no-cost lease or license agreement with the City’s chosen owner and operator for ChargePoint electric vehicle charging infrastructure; and 3. Authorize the City Manager to enter into a no-cost lease or license agreement with the City’s chosen owner and operator of ChargePoint electric vehicle charging infrastructure, in a form satisfactory to the City Attorney. 6.i AUTHORIZATION TO ADVERTISE 2022 PEDESTRIAN CROSSING IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000069 Mayor Stewart requested that Item 6i be pulled from the Consent Agenda. Transportation Manager Luke Schwartz and Transportation Planner / Engineer Justin Wong provided a brief staff report and responded to Council questions. Public Comments: Karen Christian Amaya Weddle Robb Moss Lea Brooks Helene Finger ---End of Public Comment--- 5 Motion By Council Member Shoresman Second By Mayor Stewart 1. Approve the project plans and specifications for the 2022 Pedestrian Crossing Improvements Project, Specification Number 1000069; and 2. Authorize staff to advertise for 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 $776,250; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget. Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart CARRIED (5 to 0) 7. PUBLIC HEARING AND BUSINESS ITEMS 7.a APPROVE THE NAMING OF THE CERRO SAN LUIS NEIGHBORHOOD GREENWAY AND AUTHORIZE STAFF TO ADVERTISE THE PROJECT FOR BIDS, SPECIFICATION NO. 1000036 Transportation Manager Luke Schwartz and Transportation Planner Jennifer Rice provided an in-depth staff report and responded to Council questions. Public Comments: Barry Rands Anne Hodges T. Keith Gurnee Bob Shanbrom Lea Brooks ---End of Public Comment--- 6 Motion By Vice Mayor Christianson Second By Council Member Shoresman 1. Approve the project plans and specifications for the approved North Chorro Neighborhood Greenway, Specification Number 1000036; and 2. Authorize staff to advertise for 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 $3,375,000; and 4. Authorize the City Engineer to approve Contract Change Orders in excess of $200,000 and up to the available project budget; and 5. Approve sole source purchases for a decorative art fence and mural and authorize the Public Works Director to award contracts related to design and installation of the public art features up to the available project budget; and 6. Adopt Resolution No. 11347 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund and Infrastructure Investment Fund to support the North Chorro Neighborhood Greenway Project, Specification No. 1000036”, and appropriate $1,000,000 from the Capital Projects Reserve Fund and $1,223,000 from the Infrastructure Investment Fund to the Project Account 1000036. Ayes (4): Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart Noes (1): Council Member Marx CARRIED (4 to 1) Motion By Council Member Shoresman Second By Vice Mayor Christianson 1. Approve the renaming of the former Anholm Neighborhood Greenway to the North Chorro Neighborhood Greenway; and 2. Adopt Resolution No. 11348 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, renaming the ‘Anholm Neighborhood Greenway’ to the ’North Chorro Neighborhood Greenway’”. Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart CARRIED (5 to 0) 7 7.b INTRODUCE TWO ORDINANCES TO 1) REPEAL AND REPLACE CHAPTER 17.138 (INCLUSIONARY HOUSING REQUIREMENTS) AND 2) AMEND TITLE 4 TO ADD CHAPTER 4.60 (COMMERCIAL LINKAGE FEE) Community Development Director Michael Codron, Senior Planner Rachel Cohen, and Housing Policy and Program Manager Teresa McClish provided an in-depth staff report and responded to Council questions. Public Comments: Joe Benson Lindy Hatcher Damien Mavis Jim Dantona Aaryn Abbott Tayler Simpson Jocelyn Brennan Kimmie Nguyen Ken Trigueiro Lea Brooks Anne Wyatt ---End of Public Comment--- Motion By Vice Mayor Christianson Second By Council Member Shoresman 1. Introduce Ordinance 1719 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving the repeal and replacement of the City of San Luis Obispo’s Municipal Code Chapter 17.138 (Inclusionary Housing Requirements) to update regulations for consistency with the 6th Cycle Housing Element with an exemption from Environmental Review (CEQA); and 2. Introduce Ordinance No. 1720 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 4 of the City of San Luis Obispo Municipal Code to add Chapter 4.60 to establish a Commercial Linkage Fee with an exemption from Environmental Review (CEQA)”; and 3. Adopt Resolution No. 11349 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending Inclusionary Housing In-Lieu Fees in accordance with Chapter 17.138 of Title 17 and establishing the amounts of Commercial Linkage Fees in accordance with Chapter 4.60 of Title 4 of the San Luis Obispo Municipal Code and amending the Comprehensive Fee Schedule”; and 4. Direct staff to develop new incentives for housing developers to ensure the success of Housing Element Programs such as Flexible Density Downtown, Missing Middle Housing, and SB9/Subdivision Regulations Update; and 8 5. Direct staff to investigate grants and other options for funding of additional affordable housing programs, such as a First-Time Homebuyers Program. With the following changes: • Adding JADU exemptions • Adding fractional unit language as presented at the meeting. • Administrative changes to incorporate the changes Ayes (4): Council Member Marx, Council Member Pease, Council Member Shoresman, and Vice Mayor Christianson Noes (1): Mayor Stewart CARRIED (4 to 1) 7.c DIRECTION ON TERMS OF A COMMUNITY WORKFORCE AGREEMENT FOR THE CULTURAL ARTS DISTRICT PARKING STRUCTURE Public Works Director Matt Horn, Deputy Director of Public Works Brian Nelson and Justin Pickard, Consultant provided an in-depth staff report and responded to Council questions. Public Comments: Richard Van Humbeck Joe Benson Autumn Brown Pedro Toscano Manley McNinch ---End of Public Comment--- Motion By Mayor Stewart Second By Vice Mayor Christianson 1. Based on the substantive differences, on three issues of significance, and the time constraints surrounding the bidding and contracting associated with the Cultural Arts District Parking Structure, acknowledge that a Community Workforce Agreement “CWA” shall not apply to the Cultural Arts District Parking Structure; and 2. Direct staff to continue to dialogue with the Trades for the Prado Road Interchange and Public Safety Center projects to determine if progress can be made on the open issues. 9 Ayes (4): Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart Absent (1): Council Member Marx CARRIED (4 to 0) 8. LIAISON REPORTS AND COMMUNICATIONS No reports. 9. ADJOURNMENT The meeting was adjourned at 11:19 p.m. The next Regular City Council Meeting is scheduled for August 16, 2022 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. The Regular Meeting of August 2, 2022 will be cancelled, as approved on November 2, 2021 during the Council's annual calendar review. APPROVED BY COUNCIL: 08/16/2022