HomeMy WebLinkAbout06-16-2015 C2 City Council Minutes
City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Tuesday, May 19, 2015
Regular and Special Meetings of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, May,
19, 2015 at 4:30 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo,
California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor
John Ashbaugh, and Mayor Jan Marx.
Council Members
Absent: None
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron,
Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PUBLIC HEARING
PH1. TERRACE HILL OPEN SPACE CONSERVATION PLAN - RESOLUTION
Assistant City Manager Codron, Natural Resources Manager Hill, and City Biologist Otte
narrated a PowerPoint presentation entitled “Terrace Hill Open Space Conservation Plan”
and responded to Council inquiries.
Mayor Marx opened and closed the public hearing, there being no members of the public
desiring to speak on this issue.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to adopt Resolution No. 10615 (2015 Series) entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, approving the
Terrace Hill Open Space Conservation Plan, adoption of a Negative Declaration, and
addition of Terrace Hill Open Space to the Contributing Properties List of Historic
Resources.”
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RECESS
Council recessed at 5:07 p.m.
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
May, 19, 2015 at 6:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor
John Ashbaugh, and Mayor Jan Marx.
Council Members
Absent: None
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron,
Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Carpenter led the Pledge of Allegiance.
INTRODUCTION OF NEW HIRES
I1. ANNE SCHNEIDER, CHIEF BUILDING OFFICIAL
Community Development Director Johnson introduced Anne Schneider who was recently
promoted to Chief Building Official.
I2. BEN MARQUART, ENVIRONMENTAL PROGRAMS MANAGER
Utilities Director Mattingly introduced Ben Marquart who was recently promoted to
Environmental Programs Manager.
PRESENTATION
P1. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK
Mayor Marx presented a Proclamation to Daryl Grigsby, Public Works Director, and
Carrie Mattingly, Utilities Director, declaring May 17–23, 2015 as “National Public
Works Week.”
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P2. PRESENTATION - CAL POLY MASTER PLAN UPDATE
Linda Dalton, Vice Provost for Institutional Planning, narrated a PowerPoint presentation
entitled “Cal Poly Master Plan Update;” encouraged the community to contact her with
questions or concerns.
PUBLIC COMMENT
Rushdi Cader, San Luis Obispo, expressed disappointment that Police Chief Gesell has been
placed on administrative leave; noted that Police Chief Gesell has demonstrated leadership and
implemented innovative ideas during his tenure.
Chuck Frilot, San Luis Obispo, urged Council to increase its efforts to educate the community
regarding the drought; voiced concern that development projects will worsen drought conditions.
Todd Juel, San Luis Obispo, urged Council to resolve the matter with Police Chief Gesell; spoke
on his positive experiences working with Police Chief Gesell, pointing out his humanistic
approach in addressing homelessness.
Donald Hedrick, San Luis Obispo, stated that the Terrace Hill Conservation Plan should have
been agendized for the regular City Council meeting; asserted that geoengineering is a leading
cause of the drought.
Michelle Tasseff, San Luis Obispo, voiced support for Police Chief Gesell, noting his
contributions to the City and his effective interactions with homeless individuals.
CONSENT AGENDA
Donald Hedrick, San Luis Obispo, voiced objection to the passing of ordinances on the Consent
Calendar.
Steve Delmartini, San Luis Obispo, requested that Council continue the Rental Housing
Inspection Program (RHIP) to a future meeting; suggested that the matter should be placed on a
future election as a ballot measure.
Stewart Jenkins, San Luis Obispo, asserted that RHIP fees are essentially a tax and therefore
should be placed on a future election.
Michelle Tasseff, San Luis Obispo, urged Council to not move forward with the RHIP, opining
that the underlying issue is a lack of housing.
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MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items C1 thru C8, with Council
Members Carpenter and Rivoire registering a no vote on Item C8.
C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as
appropriate.
C2. MINUTES OF CITY COUNCIL MEETING OF APRIL 22, 2015 AND APRIL 23,
2015
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meetings
of April 22, 2015 and April 23, 2015.
C3. REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES FOR UPDATES
TO THE CITY’S SIGN REGULATIONS
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Authorize the issuance of a Request for Proposal for consultant services to assist staff
in updating the City’s Sign Regulations.
2. Authorize the City Manager to award a consultant services agreement in an amount
not-to-exceed $50,000 to assist staff with revisions to the Sign Regulations.
C4. INDUSTRIAL USER PERMIT FEES - RESOLUTION
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10616 (2015 Series) entitled
“A Resolution of the City Council of the City of San Luis Obispo, California, requiring
annual prepayment of Industrial Users Permit Fees for the City Wastewater Collection
and Treatment Systems.”
C5. APPROVAL OF THE FINAL MAP FOR TRACT 2977 UNIT 3, 851 HUMBERT
AVENUE (TR 27-06) AND SUBDIVISION AGREEMENT- RESOLUTION
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Adopt Resolution No. 10617 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, approving the Final Map for Tract 2977
Unit 3 (851 Humbert Avenue, TR 27-06).”
2. Authorize the Mayor to execute a Subdivision Agreement between Moylan Terrace,
LLC, a California Limited Liability Company.
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C6. PRESENTATION OF REFORMATTED GENERAL PLAN INCLUDING
UPDATED ELEMENTS
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to receive and file the reformatted General Plan.
C7. REQUEST FOR PROPOSAL FOR ENVIRONMENTAL AND PERMITTING
SERVICES FOR THE WATER RESOURCE RECOVERY FACILITY PROJECT
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Authorize the issuance of a Request for Proposal for the environmental and
permitting services for the Water Resource Recovery Facility Project.
2. Authorize the City Manager to award a consultant services agreement if the selected
proposal is within the estimate of $650,000 and after 2015-17 Financial Plan
adoption.
C8. ORDINANCE NO. 1616 (SECOND READING) - ADDING CHAPTER 15.10 TO
TITLE 15 OF THE MUNICIPAL CODE TO ESTABLISH A RENTAL HOUSING
INSPECTION PROGRAM
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBERS CARPENTER AND
RIVOIRE VOTING NO), to adopt Ordinance No. 1616 (2015 series) entitled “An
Ordinance of the City Council of the City of San Luis Obispo, California, amending Title
15 of the Municipal Code by adding Chapter 15.10 and establishing a Rental Housing
Inspection Program.” (Introduced on 05/05/2015)
PUBLIC HEARING
PH2. REQUEST TO AMEND THE GENERAL PLAN, ORCUTT AREA SPECIFIC
PLAN (OASP), URBAN RESERVE LINE (URL), ZONING MAP, BICYCLE
TRANSPORTATION PLAN AND CONSIDERATION OF TWO NEW
RESIDENTIAL SUBDIVISIONS (VESTING TENTATIVE TRACT MAP NOS.
3063 AND 3066) ADJACENT TO RIGHETTI HILL IN THE OASP AND
CONSIDERATION OF AN INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION, AS A TIER OF THE OASP FINAL ENVIRONMENTAL
IMPACT REPORT (2010) - RESOLUTIONS
Council Members Carpenter, Christianson, and Rivoire, and Vice Mayor Ashbaugh
disclosed their individual ex-parte communications with Travis Fuentez, Ambient
Communities, regarding the proposal.
Community Development Director Johnson, Project Planner Watson, and Transportation
Operations Manager Hudson narrated a PowerPoint presentation entitled “Righetti Ranch
(3987 Orcutt Rd) and Jones Ranch (3765 Orcutt Road), General Plan and Specific Plan
Amendments, Vesting Tract Map Applications” and responded to Council inquiries.
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Mayor Marx opened the public hearing.
Travis Fuentes, Applicant, Ambient Communities, and Todd Smith, Project Planner,
Cannon, narrated a PowerPoint presentation entitled “Righetti Ranch and Jones Ranch;”
requested that Council approve the proposed tract maps; opined that the proposal will
implement the goals and objectives of the Orcutt Area Specific Plan; requested that
Council support use of a “pay as you go” philosophy for infrastructure improvements,
noting that the project will be developed in phases; requested that the full street frontage
improvements (curbs, gutters and sidewalks) of “home-site” properties be the
responsibility of respective owners.
Jeannette Rouse, San Luis Obispo, voiced concerns regarding bicycle and pedestrian
safety and traffic congestion on Tank Farm Road; opined that Jones Ranch is moving
forward to quickly.
Steve Delmartini, San Luis Obispo, urged Council to move forward with the project;
opined that it will add needed housing in the City.
Donald Hedrick, San Luis Obispo, voiced support for moving forward with the project;
suggested realigning Hanson Road and additional grading to proposed bike paths.
Mila Vujovich-LaBarre , San Luis Obispo, voiced concern regarding limited emergency
services access and traffic circulation in the northern alignment of Prado Road adjacent to
the Damon-Garcia Sports Fields; voiced concern that development projects are being
allowed during a severe drought.
Jeanne Helphenstine, representing the Righetti property owners, thanked Council for
considering the proposal and urged Council approval; spoke on the importance of
phasing-in infrastructure improvements and utilizing a “pay as you go” philosophy.
RECESS
Council recessed at 8:00 p.m. and reconvened at 8:12 p.m., with all Council Members present.
Ernest Jones, San Luis Obispo, urged Council to move forward with the project; stressed
the need for additional housing.
Julie Jones, San Luis Obispo, spoke on the history of planning for the development of
Jones Ranch; requested that Council move the project forward.
Beverley Pratt, San Luis Obispo, stated that she is representing adjacent property owners;
voiced support for the project and urged Council to move forward.
David Gray, San Luis Obispo, stated that he is representing adjacent property owners;
conveyed support of the project and a “pay as you go” philosophy.
Byron Grant, Arroyo Grande, recommended that Council approve the project; voiced
support for a “pay as you go” philosophy.
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Charlene Rosales, Chamber of Commerce, spoke in favor of the proposed project and
requested that Council explore innovative methods of funding infrastructure improvements.
Betsy Kinsley, San Luis Obispo, thanked the applicants and staff for responding to the
concerns of the neighbors.
John Evans, Cannon Corporation, San Luis Obispo, stated that the creation of the Orcutt
Area Specific Plan was intended to meet the needs of 13 property owners and the
community; encouraged flexibility to ensure that infrastructure is not burdened on the
initial phases of the development.
There being no others desiring to speak on this item, the public hearing was closed.
In response to public comment, Project Planner Watson clarified that 15% of the project
is designated affordable housing and will be dispersed throughout the project; stated that
secondary emergency access will be addressed as the project moves forward, noting that
the Fire Marshall will review each phase to ensure that access is provided.
Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY
COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to:
1. Adopt Resolution No. 10618 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, adopting General Plan Amendments, Orcutt
Area Specific Plan Amendments, Bicycle Transportation Amendments, and Initial
Study-Mitigated Negative Declaration for property located within the Orcutt Area
Specific Plan (GPA, SPA, ER TR 3063 and TR 3066),” with the following revision:
a. Aesthetic Mitigation AES-3.1 “Residential Building Heights shall not exceed 25’
as measured above average finished grade.”
2. Adopt Resolution No. 10619 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, approving a Vesting Tentative Tract Map
No. 3063 creating 328 lots for property located at 3987 Orcutt Road (TR/ER 114-14;
Tract 3063 Righetti),” with the following revision:
a. Aesthetic Mitigation AES-3.1 to read as “Residential Building Heights shall not
exceed 25’ as measured above average finished grade.”
3. Adopt Resolution No. 10620 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, approving a Vesting Tentative Tract Map
No. 3066 creating 33 lots for property located at 3765 Orcutt Road (TR/ER SBDV
0067-2014; Tract 3066 Jones),” with the following revisions:
a. Condition of Approval No. 8 to read as “The private open space C/OS Lot 31 and
Lot 32 along with the proposed improvements, including but not limited to trails,
bikeways, and landscaping shall be owned and maintained by the HOA. Open
Space and bikeway easements along with any public utility easements shall be
offered to the City and shown and noted on the final map. An easement agreement
may be required for specific open space areas, creek corridors, bikeways, and
utility corridors in a format approved by the City.”
(Council action continued on next page)
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b. Condition of Approval No. 9 to read as “A wildland fuel management/reduction
zone along with any required easements and/or zone limits shall be provided for
Lot 31 and Lot 32 to the satisfaction of the Fire Chief. If required, the limits shall
be shown and noted on the final map and improvement plans for reference. The
limits of the zone shall be in accordance with the adopted Fire Code and approved
to the satisfaction of the City Fire Chief and City Natural Resources Manager.
The HOA shall be responsible for wildland fuel management, weed abatement,
and creek maintenance within the established fuel reduction zone and private
open space areas.”
4. Amend the Bicycle Transportation Plan to change the “C” Street Bike Lane (crossing
the creek) from a Class II Bike Lane to a Class I Bike Path, subject to the Initial
Study-Mitigated Negative Declaration.
STUDY SESSION
SS1. NEIGHBORHOOD WELLNESS/COMMUNITY CIVILITY WORKING GROUP
RECOMMENDATIONS
City Manager Lichtig introduced Keith Humphrey, representing Cal Poly, and Sandi
McLaughlin, representing Cuesta College, who narrated a PowerPoint presentation
entitled “Neighborhood Wellness/Community Civility Effort Final Report” and
responded to Council inquiries.
Genevieve Czech, representing Neighbors North of Foothill, San Luis Obispo, requested
that Council prioritize student housing at Cal Poly; asserted that there is a rapid turnover
of student renters in her neighborhood.
Donald Hedrick, San Luis Obispo, stated there is a need to house more students on the
Cal Poly campus; noted that citizens need to be more proactive in finding solutions rather
than relying on the government.
Carolyn Smith, San Luis Obispo, thanked everyone for participating in the working
group; requested that Council agendize the unruly gathering ordinance for possible
amendment; suggested the use of party noise abatement technicians who would be
dedicated to noise violation enforcement.
Gil Stork, Cuesta College President, spoke on his observations of the working group;
noted that the report addresses the need for ensuring sustainable progress.
Sharon Whitney, San Luis Obispo, thanked the working group for their efforts to address
neighborhood wellness; opined that the Student Community Liaison Committee (SCLC)
be reminded of the neighborhood issues at each meeting to ensure they are being
addressed.
Sandra Rowley, Residents for Quality Neighborhoods, San Luis Obispo, spoke in
opposition to the creation of a rental map; recommended that the neighborhood officer
program be revisited to allow for officers to be assigned to a particular area for at least
one year or longer.
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Mila Vujovich-LaBarre, San Luis Obispo, urged Council to agendize the unruly
gathering ordinance for possible amendment; suggested that Cal Poly’s alcohol policy be
reconsidered, opining that the prohibition of alcohol may be a cause of students moving
off campus.
It was noted that staff will return to Council at a future meeting with recommendations on
integration and prioritization of specific recommendations contained in the Neighborhood
Wellness/Community Civility Working Group Report.
Council directed staff to agendize review of the unruly gathering ordinance for a future
meeting in the Fall 2015.
Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY
COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to receive and file the
Neighborhood Wellness/ Community Civility Working Group report.
LIAISON REPORTS
Council liaison reports were received from Council Member Christianson and Mayor Marx.
COUNCIL COMMUNICATIONS
None.
ADJOURNMENT
The City Council adjourned at 9:55 p.m., to a Special City Council Meeting to be held on
Thursday, May 21, 2015 at 8:30 a.m. at the Holiday Inn Express, 1800 Monterey Street, San Luis
Obispo, California, for the purpose of conducting a workshop and training on City Council
operations and protocols.
A subsequent Special Meeting will be held on May 29, 2015 at 3:00 p.m. in the City Council
Chamber, 990 Palm Street, San Luis Obispo, California, for the purpose of conducting a closed
session to discuss labor negotiations.
Special and Regular City Council Meetings are scheduled for Tuesday, June 2, 2015 at 4:00 p.m.
and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: XX/XX/2015
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City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Tuesday, May 21, 2015
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Thursday, May
21, 2015 at 8:30 a.m. at the Holiday Inn Express Conference Room, located at 1800 Monterey
Street, San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor
John Ashbaugh, and Mayor Jan Marx.
Council Members
Absent: None
City Staff
Present: Katie Lichtig, City Manager, and Christine Dietrick, City Attorney, were present
at Roll Call.
PUBLIC COMMENT
There were no members of the public desiring to speak.
A. WORKSHOP AND TRAINING ON CITY COUNCIL OPERATIONS AND
PROTOCOLS FACILITATED BY TRUDY SOPP
Dr. Trudy Sopp, Centre for Organization Effectiveness, facilitated a workshop and
training on City Council operations and protocols. Council discussion ensued regarding
the definitions of good governance, appropriate meeting decorum, and the roles and
expectations of the Mayor and members of City Council.
During the course of discussion, Council reached consensus on expectations for the role
of Mayor and members of the City Council, as follows:
Expectations of the Mayor
• The Mayor will use “out of order” to stop any comments or actions of a Council
Member; the Council Member will immediately stop behavior or verbal comments.
• The Mayor will immediately recognize a “point of order” and all discussion will halt
to hear that point of order.
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• As a rule of thumb, the Mayor will use a round robin approach, two questions at a
time for each Council Member, when asking for Council Member questions after a
staff presentation.
• The Mayor should also use the gavel to get compliance, turn off the microphones of
Council Members, and/or take a recess if necessary.
• The Mayor should use her discretion on all of the above but she has the permission
and encouragement of the Council Members to control the meetings in this way.
Expectations of Council Members
• Council Members will listen and obey the orders of the Mayor.
• Council Members will use “point of order” in order to ensure a fair and focused
discussion.
• Each Council Member will stop talking if “out of order” is stated by the Mayor or
“point of order” is stated by a fellow Council Member; the Mayor will make a ruling
and even when a Council Member disagrees with the ruling, they will still abide by
the decision.
• If the Council Member feels the Mayor was unfair in applying her discretion, the
discussion of this should occur outside of the Council meeting.
• Council Members use formal titles e.g., “Council Member,” when addressing each
other; the purpose of this is to reinforce the use of decorum.
• Council Members will provide any list of questions they have for staff, on the Friday
or weekend before the Council meeting, a heads up memo or phone call would also
be sufficient.
• Council Members will eliminate side bars between each other (per existing policies
and procedures manual).
ADJOURNMENT
The City Council adjourned at XX:XX p.m.
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: XX/XX/XX
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Friday, May 29, 2015
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on May 29, 2015 at
3:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California,
by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor
John Ashbaugh, and Mayor Jan Marx.
Council Members
Absent: None
Staff
Present: Katie Lichtig, City Manager; Michael Codron, Assistant City Manager; Jon
Ansolabehere, Assistant City Attorney; Monica Irons, Director of Human
Resources; Greg Zocher, Risk Manager; Anthony Mejia, City Clerk; Rick
Bolanos, of Liebert Cassidy Whitmore, were present at Roll Call.
PUBLIC COMMENT ON CLOSED SESSION
Assistant City Attorney Ansolabehere called for public comment. There was no one present
desiring to speak on Closed Session.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6. Agency Negotiators: Monica Irons, Katie Lichtig, Michael Codron, Greg Zocher, J. Christine Dietrick, Jon Ansolabehere, Rick Bolanos Represented Employee Organizations: San Luis Obispo City Employees’ Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees
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REPORT ON CLOSED SESSION
Assistant City Attorney Ansolabehere reported that no reportable action was taken during the
Closed Session.
ADJOURNMENT
Special and Regular City Council Meetings are scheduled for Tuesday, June 2, 2015 at 4:00 p.m.
and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo,
California.
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: XX/XX/2015
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