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Home My WebLink About04-03-2018 Item 07 - Minutes of March 12, 20 and 21, 2018 San Luis Obispo Page 1 Monday, March 12, 2018 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was held on Monday, March 12, 2018 at 9:04 a.m. at 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 (9:07 a.m.), Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, Acting 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--- 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 Organizations: International Association of Firefighters Local 3523 Packet Pg 107 7 San Luis Obispo City Council Minutes of March 12, 2018 Page 2 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 ADJOURNMENT The meeting was adjourned at 9:35 a.m. The next Regular City Council Meeting scheduled for Tuesday, March 20, 2018 at 4:00 p.m., and 6:00 p.m., respectively, in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session Items A and B. __________________________ Teresa Purrington Acting City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 108 7 San Luis Obispo Page 1 Tuesday, March 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, March 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; Greg Hermann, Interim Deputy City Manager, and Teresa Purrington, Acting City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATION 1. ADVISORY BODY RECOGNITION EVENT The Mayor and City Council will recognize Advisory Body members for their service followed by a reception in the Council Hearing Room. RECESSED TO THE REGULAR MEETING OF MARCH 20, 2018 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER Packet Pg 109 7 San Luis Obispo City Council Minutes of March 20, 2018 Page 2 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday March 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; Greg Hermann Deputy City Manager, and Teresa Purrington, Acting 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 Dan Rivoire led the Pledge of Allegiance. INTRODUCTION 2. CHRIS READ - SUSTAINABILITY MANAGER Interim Deputy Director Office of Sustainability Hill introduced new staff member Chris Read as the Sustainability Manager. APPOINTMENTS 3. 2018 APPOINTMENTS TO CITY ADVISORY BODIES Acting City Clerk Purrington presented the report. Public Comments: None ---End of Public Comments--- Packet Pg 110 7 San Luis Obispo City Council Minutes of March 20, 2018 Page 3 ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Make appointments to the City's Advisory Bodies effective April 1, 2018 as set forth below and direct the City Clerk to continue to recruit for any unfilled vacant positions; and 2. Waive Council Policy and Procedures Section 6.7.2.5 and reappoint Ken Kienow to the Active Transportation Committee to a term expiring March 31, 2022. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Nick Andre Rosemary Wrenn Sara Mikkelsen Jermaine Washington ---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 4 thru 12. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 5. MINUTES OF THE CITY COUNCIL MEETINGS OF MARCH 6, 2018 CARRIED 5-0, to approve the minutes as presented. 6. REQUEST FOR ALTERNATIVE INCENTIVES TO PROVIDE FOR AFFORDABLE HOUSING THAT INCLUDES A DENSITY BONUS OF 28 PERCENT AND A REDUCTION IN SITE DEVELOPMENT STANDARDS FOR A STREET YARD SETBACK OF 1.5 FEET, WHERE 15 FEET IS NORMALLY REQUIRED, FOR 207 HIGUERA STREET (CITY FILE NO. AFFH-1335-2018) Council Member Pease reported her recusal of item due to a current business relationship with the project applicant. CARRIED 4-0-1 (COUNCIL MEMBER PEASE RECUSED), to: Adopt a Resolution No. 10874 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the alternative incentives to provide for affordable housing that includes a density bonus of 28 percent and a reduction in site development standards for a street yard setback of 1.5 feet, where 15 feet is normally required, as represented in the City Council agenda report and attachments dated March 20, 2018. The project is categorical exempt from environmental review. (207 Higuera AFFH- 1335-2018)” Packet Pg 111 7 San Luis Obispo City Council Minutes of March 20, 2018 Page 4 7. SOLE SOURCE AUTHORIZATION FOR CERTAIN WATER RESOURCE RECOVERY FACILITY (WRRF) PROJECT EQUIPMENT CARRIED 5-0, to: Authorize the inclusion of the sole-sourced equipment as identified in this report in the construction and bidding documents for the Water Resource Recovery Facility Project 8. AUTHORIZE REQUEST FOR PROPOSAL FOR PARKING SECURITY GUARD SERVICES, SPECIFICATION NO 91625 CARRIED 5-0, to: 1. Authorize the issuance of a Request for Proposal (RFP) for Parking Security Guard Services, Specification No. 91625; and 2. Authorize the City Manager to enter into a contract with the successful bidder within the approved budget of $48,000, and 3. Authorize the City Attorney to approve modifications to the form of the contract with the successful bidder. 9. REQUEST FOR PROPOSALS (RFP) FOR CANNABIS BUSINESS REGULATION SUPPORT SERVICES (SPECIFICATION NO. 91660) CARRIED 5-0, to: Authorize the City Manager to issue a Request for Proposals for Cannabis Business Regulation and Education Support Services and award a contract to the consultant with the top proposal, provided the contract amount does not exceed $35,000. Costs shall be recovered through cannabis business operator application fees. 10. SURPLUS DESIGNATION OF FLEET ASSET BY SALE, AUCTION OR TRADE-IN CARRIED 5-0, to: Authorize the surplus designation of the Fire Department’s Fleet Asset No. 9709, a 1997 Pierce Lance Pumper, by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480. 11. ASSISTANCE TO FIREFIGHTERS REGIONAL GRANT CARRIED 5-0, to: 1. Authorize the Fire Department to participate in a regional grant to the Federal Assistance to Firefighters Grant (AFG) Program for the amount of $308,985 to acquire replacement portable radios and associated accessories. 2. Authorize the City Manager to execute the grant documents and approve the budget changes necessary to appropriate the grant amount upon notification that the grant has been awarded. Packet Pg 112 7 San Luis Obispo City Council Minutes of March 20, 2018 Page 5 3. Authorize City Staff to release a Request for Proposal (RFP) for portable radios and associated accessories, upon grant award. 4. Authorize the City Manager to award the contract resulting from the RFP, upon grant award. 12. ADOPT A RESOLUTION DENYING AN APPLICATION FOR ARCHITECTURAL REVIEW OF A NEW TWO STORY COMMERCIAL BUILDING AND A CREEK SETBACK EXCEPTION, AND DIRECTING STAFF TO RETURN TO THE PLANNING COMMISSION FOR ADDITIONAL DISCUSSION AND A RECOMMENDATION REGARDING A ZONING MAP AMENDMENT FOR THE PROPERTY AT 1460 CALLE JOAQUIN CARRIED 3-2 (COUNCIL MEMBER RIVOIRE NO AND COUNCIL MEMBER GOMEZ NO), to: Adopt Resolution No. 10875 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an application for Architectural Review of a new two-story commercial building and a creek setback exception, and directing staff to return to the Planning Commission for additional discussion and recommendations regarding a zoning map amendment and associated mitigated negative declaration for the property at 1460 Calle Joaquin (ARCH-3413-2016, EID-0016-2017; RZ-0015-2017).” PUBLIC HEARING ITEMS AND BUSINESS ITEMS 13. PUBLIC HEARING - REVIEW OF AN APPEAL (FILED BY THE APPLICANT, BCR DEVELOPMENTS) OF THE PLANNING COMMISSION’S DECISION TO APPROVE A NEW ESCAPE ROOM BUSINESS, A COMMERCIAL RECREATION FACILITY-INDOOR USE, WITH A CONDITION LIMITING HOURS OF OPERATION TO 8:00 P.M. SUNDAY THROUGH THURSDAY, AND 10:00 P.M. FRIDAY AND SATURDAY Council Members Gomez, Rivoire, Pease, Vice Mayor Christianson and Mayor Harmon reported having no Ex Parte Communications. Community Development Director Codron and Planning Technician Van Leeuwen provided an in-depth staff report and responded to Council questions. Public Comments: Carol Florence, Applicant Representative Applicant Brian Lacertosa, BCR Developments, LLC Robert Spector Cinda Fox Didier Cop Jamila Haseeb ---End of Public Comment--- Packet Pg 113 7 San Luis Obispo City Council Minutes of March 20, 2018 Page 6 ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 4-1 (COUNCIL MEMBER PEASE VOTING NO) to: Adopt Resolution No. 10876 (2018 Series) as amended entitled “A Resolution of the City Council of the City of San Luis Obispo, California, upholding an appeal of the Planning Commission’s decision to approve a use permit for an escape room business, classified as a commercial recreation facility – indoor, with a condition limiting hours of operation, in the downtown commercial zone with a mixed use overlay, as represented in the staff report and attachments dated March 20, 2018 (583 March Street Appl-1324-2018)”, with the following conditions: 3. As part of the building permit application submittal, the applicant shall provide a professional noise study, including recommendations for noise isolating tenant improvements, to assure that noise levels associated with project activities are maintained at or below 45 db as measured at the interior of any residential space or across the residential property lines. Recommended tenant improvements shall be shown on the project plans and constructed prior to occupancy, to the approval of the Community Development Director. 4. No amplified sound beyond ambient level shall be included in the operation of the business. 5. The security door that exits into the residential entryway shall be removed or permanently secure to ensure that access by customers or employees to the residential corridor is limited to the approval of the City Fire Marshall. 14. REVIEW AND APPROVAL OF LABOR RELATIONS OBJECTIVES Human Resources Director Irons and Human Resources Analyst Sutter 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 COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to: Review and approve draft updated Labor Relations Objectives (LRO) that will guide labor negotiations with employee groups. 15. DIABLO CANYON NUCLEAR POWER PLANT CLOSURE SETTLEMENT AGREEMENT UPDATE AND COSTS ASSOCIATED WITH CONDUCTING AN ECONOMIC IMPACT ANALYSIS / FINANCIAL IMPACT ANALYSIS City Manager Johnson provided an in-depth staff report and responded to Council questions. Packet Pg 114 7 San Luis Obispo City Council Minutes of March 20, 2018 Page 7 Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to: 1. Receive an update on the status of the Diablo Canyon Power Plant closure settlement; and 2. Adopt Resolution No. 10877 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager to contribute $90,000 of the estimated costs associated with an Economic / Financial Impact Analysis and Regional Economic Strategy regarding the closure of the Diablo Canyon Nuclear Power Plant.” COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease reported attending the Water Resources Advisory Commission meeting, SCLC, and the press conference for Announcement of SB 1090. Council Member Gomez reported attending the Climate Action Taskforce meeting, Plastic Policy working group, and the California Downtown Association Conference. Mayor Harmon reported attending the California Downtown Association Conference, the press conference for the Announcement of SB1090, and visiting the Cal Poly preschool. ADJOURNMENT The meeting was adjourned at 8:04 p.m. to a Special Meeting to be held on Wednesday, March 21, 2018 at 11:00 a.m., 3:00 p.m., and 4:00 p.m. in the Utilities Department Conference Room, located at 879 Morro Street, San Luis Obispo, California, for the purpose of conducting closed sessions to evaluate appointed officials. The next Regular City Council Meeting is scheduled for Tuesday, April 3, 2018 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, San Luis Obispo, California. __________________________ Teresa Purrington Acting City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 115 7 San Luis Obispo Page 1 Wednesday, March 21, 2018 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was held on Wednesday, March 21, 2018 at 11:00 a.m. at in the Utilities Department Conference Room, located at 879 Morro Street, San Luis Obispo, California, by Mayor Heidi 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: Heather Goodwin, Deputy City Clerk and Mary Egan and Andi Stanley of Municipal Resource Group, were present at Roll Call. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1) Public Employees: City Manager, City Attorney CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Mary Egan, Monica Irons Unrepresented employee: City Manager, City Attorney Packet Pg 116 7 San Luis Obispo City Council Minutes of March 21, 2018 Page 2 REPORT ON CLOSED SESSION There was no reportable action to report on Closed Session. ADJOURNMENT The meeting was adjourned at 12:10 p.m. to a Special Meeting to be held on Wednesday, March 21, 2018 at 3:00 p.m. and 4:00 p.m. in the Utilities Department Conference Room, located at 879 Morro Street, San Luis Obispo, California, for the purpose of conducting closed sessions to evaluate appointed officials. The next Regular City Council Meeting scheduled for Tuesday, April 3, 2018 at 4:00 p.m., and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington Acting City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 117 7 San Luis Obispo Page 1 Wednesday, March 21, 2018 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was held on Wednesday, March 21, 2018 at 3:00 p.m. at in the Utilities Department Conference Room, located at 879 Morro Street, San Luis Obispo, California, by Mayor Heidi 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: Christine Dietrick, City Attorney, Teresa Purrington, Acting City Clerk and Mary Egan and Andi Stanley of Municipal Resource Group, were present at Roll Call. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1) Public Employees: City Attorney CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Mary Egan, Monica Irons Unrepresented employee: City Attorney REPORT ON CLOSED SESSION There was no reportable action to report on Closed Session. Packet Pg 118 7 San Luis Obispo City Council Minutes of March 21, 2018 Page 2 ADJOURNMENT The meeting was adjourned at 4:05 p.m. to a Special Meeting to be held on Wednesday, March 21, 2018 at 4:00 p.m. in the Utilities Department Conference Room, located at 879 Morro Street, San Luis Obispo, California, for the purpose of conducting closed sessions to evaluate appointed officials. The next Regular City Council Meeting scheduled for Tuesday, April 3, 2018 at 4:00 p.m., and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington Acting City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 119 7 San Luis Obispo Page 1 Wednesday, March 21, 2018 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was held on Wednesday, March 21, 2018 at 4:05 p.m. at in the Utilities Department Conference Room, located at 879 Morro Street, San Luis Obispo, California, by Mayor Heidi 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, Teresa Purrington, Acting City Clerk and Mary Egan and Andi Stanley of Municipal Resource Group, were present at Roll Call. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1) Public Employees: City Manager CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Mary Egan, Monica Irons Unrepresented employee: City Manager REPORT ON CLOSED SESSION There was no reportable action to report on Closed Session. Packet Pg 120 7 San Luis Obispo City Council Minutes of March 21, 2018 Page 2 ADJOURNMENT The meeting was adjourned at 5:00 p.m. The next Regular City Council Meeting scheduled for Tuesday, April 3, 2018 at 4:00 p.m., and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. . __________________________ Teresa Purrington Acting City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg 121 7 Page intentionally left blank. Packet Pg 122 7