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Home My WebLink About03-06-2018 Item 02 Minutes of February 20, 2018 San Luis Obispo Page 1 Tuesday, February 20, 2018 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 20, 2018 at 3:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Carrie Gallagher, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None ---End of Public Comment--- Packet Pg 9 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 2 CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: International Association of Firefighters Local 3523 B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Erik Baskin, et al. v. City of San Luis Obispo; United States District Court, Central District of California Case No. 2:16-cv-08876-DSF-JPR RECESSED AT 3:55 P.M. TO THE REGULAR MEETING OF FEBRUARY 20, 2018 TO BEGIN AT 4:00 P.M. Packet Pg 10 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 20, 2018 at 4:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Carrie Gallagher, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 1. 2017-18 MID-YEAR BUDGET REVIEW City Manager Johnson, Finance Director Bradford, and Budget Manager Ferreira provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to: 1. Receive and discuss an update of changes in the financial position based on revised projections for all funds for the 2017-18 fiscal year; and 2. Receive an update on Status of Major City Goals and Other Important Objectives; and 3. Adopt Resolution No. 10863 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving changes to the 2017-18 Budget.” Packet Pg 11 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 4 2. PUBLIC HEARING - PARK VIEW RESIDENTIAL PARKING PERMIT DISTRICT EXPANSION Public Works Director Grigsby and Parking Services Supervisor Fuchs provided an in-depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Suzanne Knapp Mark Hoffman, representing himself and residents of 363 Foothill Blvd ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 10864 (2018 Series) entitled “A Resolution of the City Council of the City Of San Luis Obispo, California, modifying the Residential Parking Permit District for the Park View Area of the city, establishing days and hours of operation of said District and time of renewal for a Parking Permit, and Rescinding Resolution No. 8529” expanding the existing Park View Residential Parking Permit District as shown in Exhibit A. 3. PUBLIC HEARING - REVIEW OF AN APPEAL (FILED BY OASIS ASSOCIATES ON BEHALF OF THE SCHOTTENSTEIN PROPERTY GROUP) OF THE ARCHITECTURAL REVIEW COMMISSION’S DECISION TO APPROVE A MASTER SIGN PROGRAM FOR THE MADONNA PLAZA SHOPPING CENTER, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW EX PARTE COMMUNICATION Noting their Ex Parte Communications regarding the project, Vice Mayor Christianson reported having had a conversation with Representative Carol Florence, she stated that the information provided was what was expected to be heard tonight and nothing extra; Council Member Gomez reported having had an email exchange with representative Carol Florence, discussion was based around tenants; Council Member Pease noted visiting the site and having conversations with two members of the ARC to get a better sense of the descending votes and any other history. Council Member Rivoire and Mayor Harmon reported having no Ex Parte Communications. Community Development Director Codron and Planning Technician Morais provided an in- depth staff report with the use of a Power Point presentation and responded to Council questions. Public Comments: Applicant Representative Carol Florence, Principal Planner with Oasis Associates acknowledged her clients’ commitment to the City, she noted that the Sears building was currently hosting training activities for SLO County area SWAT. Packet Pg 12 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 5 Emily Ewer, Associate Planner of Oasis Associates representing the applicants and appellants, provided an overview of the context surrounding the Master Sign Program, she emphasized the partial re-development of Madonna Plaza. She noted the ARC approval to demolish the current Sears building and replace with 3 new retail spaces. ---End of Public Comment--- Discussion ensued, direction by Council to staff to return later in the evening with an amended motion Item brought back at 9:55 pm with amended resolution; action taken as follows: ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to adopt Resolution No. 10865 (2018 Series) entitled Adopt a resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Architectural Review Commission decision to approve a Master Sign Program for Madonna Plaza as presented in the City Council agenda report and attachments dated February 20, 2018 (257 Madonna Road APPL-1310-2017)” with a categorical exemption from environmental review. As amended: To strike section 1, #4. As conditioned, restricting the additional square footage for the secondary sign of the tenant of building K is appropriate, because the request for additional square footage would constitute a grant of special privilege inconsistent with the intent of the sign regulation. And add condition to section 3 to read: Section 3. Action. The city council does hereby deny, in part, and uphold, in part the appeal of the architectural review commission’s decision (appl-1310-2017), based on the following action: Condition Number 1 of Architectural Review Commission resolution ARC-1025-2017, shall incorporate the following modifications to a revised sign program subject to the approval of the community development director prior to building permit issuance: Major tenant primary wall sign A. Total sign square footage shall not exceed 175 square feet B. Eliminate maximum letter height RECESSED AT 5:40 P.M. TO THE REGULAR MEETING OF FEBRUARY 20, 2018 TO BEGIN AT 6:00 P.M. Packet Pg 13 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 6 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, February 20, 2018 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Carrie Gallagher, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Vice Mayor Christianson led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session Items A and B. PRESENTATIONS 4. PROCLAMATION - LUKE FOX’S EXEMPLARY SERVICE Mayor Harmon presented a Proclamation to Luke Fox for his exemplary service and steadfast commitment to the City of San Luis Obispo. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Sara McAir ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 5 thru 10. Consent Agenda Item 11 was pulled by Council Member Rivoire for separate consideration Packet Pg 14 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 7 ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 4-1 (PEASE NO) to approve Consent Calendar Item 11 as amended: amendment to attached plan as adopted by Reso No.10866 (Exhibit A) to include: An additional item for phase 1 with addition of a 5th bullet point to read: Further evaluate Broad, Mission, Chorro and Lincoln Streets to determine if a class III shared street with calming and diversion on Broad St. coupled with measures to mitigate impacts on Lincoln and other streets is acceptable to the community and if a solution cannot be developed to achieve multi-modal goals, return with a plan for protected bikeways. Delete 1st bullet in phase 2 and replace with: Implement design for Broad, Mission, Chorro and Lincoln Streets develop in phase 1. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 6. MINUTES OF OCTOBER 24, 2017, JANUARY 16, 2018 AND FEBRUARY 6, 2018 CARRIED 5-0, to approve the Minutes of the City Council meetings of October 24, 2017, January 16, 2018 and February 6, 2018. 7. FY 2019 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY GRANT PROGRAM CARRIED 5-0, to: 1. Authorize the Police Department to submit a grant application to the Office of Traffic Safety for a FY 2019 Selective Traffic Enforcement Program (STEP) not to exceed $100,000. 2. If the grant is awarded, authorize the Chief of Police to execute all grant related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant. 8. ORDINANCE ADOPTION - PROHIBITING THE USE OF CITY FUNDS FOR SPECIFIED PLASTIC BOTTLED BEVERAGES CARRIED 5-0, to adopt Ordinance 1644 (2018 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, adding Section 3.24.075(F) to the Municipal Code in compliance with recently adopted Chapter 8.07 regulating Single-Use Plastic Beverage Bottles And Single-Use Plastic Beverage Containers.” 9. WATER RESOURCE RECOVERY FACILITY PROJECT UPDATE AND PROGRAM MANAGEMENT SERVICES CONTRACT AMENDMENT CARRIED 5-0, to: 1. Approve a contract amendment with Water Systems Consulting, Inc. for $1,124,453 for Packet Pg 15 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 8 completion of Phase 3 Program Management Services for the Water Resource Recovery Facility Project, Spec. No. 91219; and 2. Approve transfer of $1,124,453 from the Sewer Fund working capital for the WRRF project to the project account. 10. ANNUAL REVIEW OF INVESTMENT POLICIES AND RECOMMENDATIONS AND AMENDMENT TO INVESTMENT OVERSIGHT COMMITTEE MEMBERSHIP CARRIED 5-0, to: 1. Approve changes to the investment manual in accordance with the annual Investment Oversight Committee recommendations; and 2. Approve amendment to the Investment Oversight Committee membership. 11. ANHOLM BIKEWAY PLAN CARRIED 4-1 (PEASE NO), to adopt Resolution No. 10866 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the modified Anholm Bikeway Plan.” Amended to attached plan as noted in above motion. Public Comments: Garret Otto Ken Kienow Gary Havas Melanie Mills Steve Klisch Lea Brooks Tawny Sterios Richard Schmidt Kim Bisheff ---End of Public Comment--- Packet Pg 16 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 9 JOINT MEETING WITH THE PUBLIC FINANCING AUTHORITY Mayor/Chair Harmon called a Joint City Council/Public Financing Authority Meeting to order at 7:10 p.m., with all Council/Authority Members present. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 12. CITY APPROVING THE SALE OF THE LEASE REVENUE REFUNDING BONDS, SERIES 2018, EXECUTION OF BOND DOCUMENTS AND RELATED ACTIONS Finance Director/Treasurer/Controller Xenia Bradford provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to: Adopt Resolution No. 10867 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the issuance, sale and delivery of San Luis Obispo Public Financing Authority Lease Revenue Refunding Bonds; the execution and delivery of a Continuing Disclosure Certificate, a Site Lease, a Facility Lease, and a Bond Purchase Agreement; the preparation and distribution of a preliminary and a final Official Statement relating to the aforesaid bonds; and certain other actions in connection with such transactions.” PUBLIC FINANCING AUTHORITY APPROVING THE SALE OF THE LEASE REVENUE REFUNDING BONDS, SERIES 2018, EXECUTION OF BOND DOCUMENTS AND RELATED ACTIONS ACTION: MOTION BY AUTHORITY MEMBER PEASE, SECOND BY VICE CHAIR CHRISTIANSON, CARRIED 5-0 to: Adopt Resolution No. 10868 (2018 Series) entitled “A Resolution of the Governing Board of the San Luis Obispo Public Financing Authority, California, authorizing the issuance, sale and delivery of San Luis Obispo Public Financing Authority Lease Revenue Refunding Bonds; the execution and delivery of a Trust Agreement, a Site Lease, a Facility Lease, and a Bond Purchase Agreement; the preparation and distribution of a preliminary and a final Official Statement relating to the aforesaid bonds; and certain other actions in connection with such transactions.” THE PUBLIC FINANCING AUTHORITY ADJOURNED AT 7:20 P.M. THE REGULAR MEETING OF THE CITY COUNCIL RECONVENED AT 7:21 P.M. Packet Pg 17 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 10 STUDY SESSION ITEMS 13. OVERVIEW OF PROPOSED DRAFT CANNABIS REGULATIONS Community Development Director Codron and Associate Planner Cohen provided an in- depth staff report with the use of a Power Point presentation and responded to Council questions. Mayor Harmon departed the dais at 7:20 p.m., she returned at 7:26 p.m. RECESS Council recessed at 8:11p.m. and reconvened at 8:23p.m., with all Council Members present. Public Comments: Brandon Martinez Jay Gobbi Alan McAfee Trevor Howell Joe Johnson Eric Powers Megan Souza Ted Fitzgerald Nico Pitchon Conor Stephen Armin Bandari Tami Peluso Sean Donahoe Jody Belsher John Belsher Craig Steffehs Mila Vujovich-La Barre ---End of Public Comment--- By consensus, Council directed staff to take public testimony, receive and file the presentation, and provided the following direction to staff: • Allow commercial cannabis businesses in the City • Limit the number of retail storefronts to 3 (Adult Use & Medical) • Council supported a range of license types • Request to re-evaluate and explore the need for buffers from cannabis businesses and if all businesses needed a buffer • Council was cautious about allowing certain types of concentrates, concern about non - medical concentrates • Zero Net Energy, specific to cultivation, should be included at the beginning of the business • Council supported energy efficiency and water efficiency as incentives in the vendor Packet Pg 18 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 11 review process • Council communicated that daytime hours of operation with limited evening hours were reasonable • Council Members don’t support on-site consumption at this time Additional comments included: • Consider upper Monterey as part of Downtown for zoning restriction purposes • Look into whether there are other businesses in the City use volatile manufacturing practices • Consider incentivizing organic growers and; 1. Prepare draft regulations based on direction provided by the City Council with input from the community and Planning Commission, and return to the Council on May 1, 2018, with the resolutions and ordinances necessary to adopt Cannabis Regulations; and 2. Return to the City Council at a future meeting for approval of a Request for Proposals (RFP) to identify a consultant to process applications and establish a list of eligible cannabis business operators. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Rivoire reported having attended the Central Coast Coalition and the National Association of Regional Conference (NARC), both SLOCOG lobbying opportunities to fight for local control and long-term existence of MPO’s. Council Member Pease requested Council support to agenize the current City dog barking ordinance in order to make minor modifications and amendments to it. City Manager Johnson stated this item can return before Council within 6 months. Vice Mayor Christianson and Mayor Harmon both voiced support. The item will return at a future meeting. Mayor Harmon reported holding pop up Democracy events to discuss issues surrounding cannabis and stated that she plans to hold two similar events on homelessness in April; she noted an upcoming neighborhood walk; she spoke at several Cal Poly events and rode to Pacheco Elementary School with a local resident and his young son to gain firsthand experience; she noted having attended a Central Coast Regional CalPers and pension challenges conference with City Manager Johnson. Mayor Harmon noted her intent to highlight local artists through a Council Chamber rotating arts program in conjunction with the Arts Museum. She noted future event plans to partner with City Manager Johnson to deliver a State of the City address in the Community Room at the Library. ADJOURNMENT The meeting was adjourned at 10:10 p.m. The next Regular City Council Meeting is scheduled for Tuesday, March 6, 2018 at 5:30 p.m. and 6:00 p.m., respectively, in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, San Luis Obispo, California. Packet Pg 19 2 San Luis Obispo City Council Minutes of February 20, 2018 Page 12 __________________________ Carrie Gallagher, CMC City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 20 2