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Home My WebLink About08-21-2018 Minutes San Luis Obispo Page 1 Tuesday, August 21, 2018 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, August 21, 2018 at 4:00 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 Teresa Purrington, 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 Item A: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: APNs 002-321-003, 002-412-004; 002-412-011; 002-412-012 Agency Negotiators: Derek Johnson, Christine Dietrick, Greg Hermann, Jon Ansolabehere, Robert Hill, Tim Bochum Negotiating Parties: Kevin Harris and Michael Simkins for the San Luis Obispo Repertory Theatre, a California non-profit corporation Under Negotiation: Price and terms of payment San Luis Obispo City Council Minutes of August 21, 2018 Page 2 Item B: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: APN 001-043-027 Agency Negotiators: Derek Johnson, Christine Dietrick, Greg Hermann, Jon Ansolabehere, Daryl Grigsby, Tim Bochum, Jennifer Rice Negotiating Parties: Kirit Chunibhai Patel and Gita Kirit Patel Under Negotiation: Price and terms of payment Property: APNs 001-042-023 & 001-042-024 Agency Negotiators: Derek Johnson, Christine Dietrick, Greg Hermann, Jon Ansolabehere, Daryl Grigsby, Tim Bochum, Jennifer Rice Negotiating Parties: Universal Management LLC Under Negotiation: Price and terms of payment RECESSED AT 4:26 P.M. TO THE REGULAR MEETING OF AUGUST 21, 2018 TO BEGIN AT 4:30 PM IN THE COUNCIL CHAMBER San Luis Obispo City Council Minutes of August 21, 2018 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, August 21, 2018 at 4:31 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 Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC HEARING AND BUSINESS ITEMS 1. THE CITY OF SAN LUIS OBISPO FIRE DEPARTMENT FIVE-YEAR STRATEGIC PLAN 2018 – 2023 Fire Chief Garret Olson, Assistant Chief Keith Aggson and Administrative Analyst James Blattler provided an in-depth staff report and responded to Council questions. Public Comments: Armando Gutierrez ---End of Public Comment--- ACTION: Receive and file the Fire Department’s Five-Year Strategic Plan. 2. PUBLIC HEARING - REVIEW OF A COMMON INTEREST VESTING TENTATIVE TRACT MAP NO. 3113 TO CREATE 8 RESIDENTIAL LOTS, A USE PERMIT TO ALLOW DEVELOPMENT ON A SITE WITH A SPECIAL CONSIDERATIONS OVERLAY AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW Council Member Pease recused herself due to a conflict of interest as she has worked with the project architect. Associate Planner Rachel Cohen provided an in-depth staff report and responded to Council questions. San Luis Obispo City Council Minutes of August 21, 2018 Page 4 Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0-1 (COUNCIL MEMBER PEASE RECUSED) to Adopt a Resolution No. 10929 (2018 Series) entitled: “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Common Interest Vesting Tentative Tract Map No. 3113 to create eight (8) residential lots, a Use Permit to allow development on a site with a Special Considerations Overlay, and adopting a Mitigated Negative Declaration of Environmental Review (SBDV-1211-2017/EID-1303-2017)” RECESSED AT 5:08 P.M. TO THE REGULAR MEETING OF AUGUST 21, 2018 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER San Luis Obispo City Council Minutes of August 21, 2018 Page 5 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, August 21, 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 Teresa Purrington, 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 Andy Pease 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. INTRODUCTION CHARLENE ROSALES - ECONOMIC DEVELOPMENT MANAGER Greg Hermann, Interim Deputy City Manager introduced Charlene Rosales as the new Economic Development Manager. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Carol Weiser Sean Hope Dan Feldman Jill Stearns, Cuesta College Rick Russell Jeffery Specht David Brodie Vince Kirkhuff Sandi Sigurdson Molly Kern Terry Mohan Don Hedrick Jim Duenow ---End of Public Comment--- San Luis Obispo City Council Minutes of August 21, 2018 Page 6 CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 3 thru 16. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5 – 0 to waive reading of all resolutions and ordinances as appropriate. 4. MINUTES OF JULY 10, 2018 AND JULY 17, 2018 CARRIED 5 – 0 to approve the minutes of the City Council meetings for July 10, 2018 and July 17, 2018. 5. ADOPTION OF AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MI SAN LUIS RANCH, LLC CARRIED 5 – 0 to adopt Ordinance No. 1649 (2018 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving the Development Agreement between the City of San Luis Obispo, a Charter City, and MI San Luis Ranch, LLC” 6. REQUEST FOR STATEMENTS OF QUALIFICATION FOR ELECTRICAL SUBCONTRACTORS FOR WATER RESOURCE RECOVERY FACILITY PROJECT CARRIED 5 – 0 to: 1. Adopt Resolution No. 10930 (2018 Series) entitled, “A Resolution of The City Council of the City of San Luis Obispo, California, adopting Bidder Prequalification Documents and Procedures and Establishing the Bidder Prequalification Appeals Panel for the Water Resource Recovery Facility Project;” and 2. Authorize the City Manager, following City evaluation of the Statements of Prequalification, to identify a final list of prequalified subcontractors to provide Electrical Subcontracting Services. 7. REQUEST FOR QUALIFICATIONS – CONSTRUCTION MANAGEMENT SERVICES, LANDSCAPE ARCHITECTURE SERVICES, ENVIRONMENTAL SERVICES, SOILS AND MATERIALS TESTING CARRIED 5 – 0 to: 1. Approve the Request for Qualifications (RFQ) to provide: a. Construction Management Services, Specification No. 50410.2018.CM b. Landscape Architecture Services, Specification No. 50410.2018.LS c. Environmental Services, Specification No. 50410.2018.ES d. Soils and Materials Testing Services, Specification No. 50410.2018.SMT 2. Authorize the City Manager to execute agreements with selected consulting firms. San Luis Obispo City Council Minutes of August 21, 2018 Page 7 3. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant services contracts in an amount not-to-exceed the authorized project budget. 4. Authorize the City Engineer to amend or extend the agreement for services in accordance with its terms and within the available annual budget. 8. CONSIDERATION OF 2018-19 HUMAN RELATIONS COMMISSION GRANTS- IN-AID FUNDING RECOMMENDATIONS Public Comment Donna Fioravanti Teresa Tardiff ---End of Public Comment--- CARRIED 5 – 0 to: 1. Approve the 2018-19 Grants-in-Aid funding allocations in the amount of $139,652; and 2. Authorize the Community Development Director to execute agreements with each grant recipient. 9. MARSH STREET BRIDGE REPLACEMENT, SPECIFICATION NO. 90480 CARRIED 5 – 0 to: 1. Authorize the Mayor to execute an agreement with 1042 Pacific Street, a California general partnership, for a temporary construction easement at 1042 Pacific Street. 2. Authorize the Mayor to execute an agreement with Elizabeth Lucille Zanoli, Surviving Trustee, for a temporary construction easement and a permanent easement at 1043 Marsh Street. 3. Authorize the Mayor to execute an agreement with the Maino Family Trusts for a temporary construction easement at 1020 Marsh Street. 4. Authorize the Mayor to execute an agreement with the Maino Family Trusts for a temporary construction easement and a permanent easement at 1080 Marsh Street. 10. AMENDMENT TO THE CURRENT AGREEMENT FOR JOINT CONSTRUCTION AND FINANCING COSTS FOR AN ANIMAL SERVICES SHELTER CARRIED 5 – 0 to authorize the City Manager to approve an amendment to the Agreement for Allocation of Construction and Financing Costs for an Animal Services Shelter. San Luis Obispo City Council Minutes of August 21, 2018 Page 8 11. PROGRAM AND DESIGN CONTRACT AMENDMENTS FOR THE WATER RESOURCES RECOVERY FACILITY PROJECT CARRIED 5 – 0 to: 1. Approve a contract amendment with CH2M Hill Engineers, Inc. for $446,177 for completion of Design Services for the Water Resource Recovery Facility Project, Spec. No. 91363. 2. Approve a contract amendment with Water Systems Consulting, Inc. for $237,884 for completion of Phase 3 Program Management Services for the Water Resource Recovery Facility Project, Spec. No. 91219. 3. Approve funding of $40,000 for Project Labor Agreement legal services/representation. 4. Approve transfer of $744,061 from Sewer Fund working capital to the Water Resource Recovery Facility project account. 12. PURCHASE OF FIRE ENGINE, SPECIFICATION NO. 91672 CARRIED 5 – 0 to: 1. Approve the sole source lease purchase of a 2018 Pierce Arrow PUC Type 1 Fire Engine in the amount of $673,096; and 2. Authorize the City Manager or designee, Finance Director or designee and City Attorney or designee to execute all related documents on behalf of the City to execute a five-year (60-month) agreement with JPMorgan Chase Bank and purchase agreement with Pierce Manufacturing to accomplish the above-mentioned lease purchase; and 3. Authorize the Finance Director or designee to execute a lease-purchase purchase order in the amount noted associated with the above-mentioned fleet replacement; and 4. Authorize the appropriation of $20,000 from the Fleet Completed Projects fund for the additional funding needed to complete the engine build-up. 13. CALIFORNIA OFFICE OF EMERGENCY SERVICES HAZARD MITIGATION GRANT APPLICATION CARRIED 5 – 0 to: 1. Authorize staff to prepare and submit a grant application to the State of California Office of Emergency Services (CalOES) Hazard Mitigation Grant Program. 2. Adopt a resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing application to the State of California Office of Emergency Services Hazard Mitigation Grant Program”. 3. Approve the use of $255,000 from Water Fund unreserved working capital for local funding match of 25 percent of the total project cost. 4. Authorize the City Manager, or designee, to execute required grant application documentation. San Luis Obispo City Council Minutes of August 21, 2018 Page 9 14. LOWER SAN LUIS OBISPO CREEK WATERSHED MODEL FUNDING CARRIED 5 – 0 to: Authorize the use of $102,000 from the Completed Capital Projects and $8,000 from the Prado Road Interchange Project Account to develop a comprehensive flood model of the San Luis Obispo Creek corridor from Marsh & Higuera to approximately the Octagon Barn. 15. RESOLUTION SUPPORTING THE COUNTY-WIDE MEASURE G-18: PROTECT OUR WATER, AIR AND LAND: BAN FRACKING AND OIL EXPANSION IN SLO COUNTY INITIATIVE CARRIED 5 – 0 to: Adopt a Resolution 10932 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, supporting Measure G-18: Protect Our Water, Air, and Land: Ban Fracking and Oil Expansion in SLO County Initiative.” Public Comment Dominique Dashwood Elizabeth Demsetz Russ Brown ---End of Public Comment--- 16. AUTHORIZATION TO SUBMIT AN APPLICATION FOR PG&E ON-BILL FINANCING IN SUPPORT OF ENERGY EFFICIENCY LIGHTING RETROFITS (GRIGSBY / CRUCE / HILL / READ) CARRIED 5 – 0 to authorize the submittal of the non-binding PG&E On-Bill Financing Application. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 17. PUBLIC HEARING – REVIEW OF THE PROPOSED COMPREHENSIVE UPDATE TO THE CITY’S ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL CODE AND ASSOCIATED ZONING AMENDMENTS (CODRON / DAVIDSON) Community Development Director Michael Codron and Community Development Deputy Director of Development Review Doug Davidson provided an in-depth staff report and responded to Council questions. RECESS Council recessed at 7:50 p.m. and reconvened at 8:00 p.m., with all Council Members present. San Luis Obispo City Council Minutes of August 21, 2018 Page 10 Public Comments: Barry Rands Nick Andre Richard Waddell Audrey Bigelow Ellie Washington Simon Lowrie LynAnne Wiest Greg Wynn Savanna Cooper Justin Bradshaw Melissa Godsey Ken Kienow Jeanne Kinney T. Keith Gurnee Bruce Silverberg Les Beck Jenn Yost James Papp Jonathon Reynolds Phil Hurst Bob Tedone Carolyn Huddleston Babak Naficy Sarah Crable Susan Pyburn Doug Rion Stacey White Celeste Goyer Cristina Pires Russ Brown Dustin Pires Molly Kern Eric Veium Jeff Diedenhofen Don Hedrick Mila Vujovich-Labarre Janine Rands Steve Delmartini Ann Wilson ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to introduce Ordinance No. 1650 (2018 Series entitled: “An Ordinance of the City Council of the City of San Luis Obispo, California repealing and replacing Title 17 of the Municipal Code (Zoning Regulations) to implement the Land Use and Circulation Element (Luce), clarify and advance City goals and policies, provide internal consistency, and to re-organize the Zoning Code, including the adoption of a Negative Declaration of Environmental Review, as represented in the staff report and attachments dated June 27, 2018 (Zoning Regulations, GENP-0327-2017)” With the following items removed and brought back to the Planning Commission:  Tiny homes on wheels. o Size to be reduced to 300 sq. ft. not including the size of the loft. o Establish design standards for approval. Further direction from Council to return to the Planning Commission for consideration of the following items:  Look at size criteria for ADU lot coverage consideration.  Review excluding the owner occupancy requirement for an ADU in the multi-family zones.  Implement new State Law to provide the ability to include child care facilities as part of the affordable housing developments  Further implement the Climate Action Plan by requiring installation of Electric Vehicle capable parking spaces with new development or significant remodels. San Luis Obispo City Council Minutes of August 21, 2018 Page 11 ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to introduce Ordinance No. 1651 (2018 Series) entitled: "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Ordinance No. 1130 (1989 Series), modifying the design criteria, Section 5 (Code -1630-2018; south side of Monterey Street between 103 and 2223 Monterey, inclusive." ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to direct staff to bring back to Planning Commission amending the 1100 block of Higuera Street and the 1100 through 1300 block of Monterey Street, as C -R -D, Retail Commercial with a Downtown Overlay Zone overlay zone to incorporate the requirement for a Development Agreement to be approved to take advantage of the increased height, specifically to get more affordable and workforce housing. ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to introduce Ordinance No. 1652 (2018 Series) entitled: "An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City's Zoning Map to designate approximately 20.2 acres within the R-1 and C/Os-20 zones on the West Side of Broad Street, south of Serrano Drive, as R -1-S, Low -Density Residential Zone and C/Os-S-20, Conservation/Open Space with a Special Considerations Overlay (Rz-1629- 2018; 159 & 161 Broad Street and 141 Bressi Place). COUNCIL COMMUNICATIONS AND LIAISON REPORTS None ADJOURNMENT The meeting was adjourned at 11:10 p.m. To a Special City Council meeting to be held on Tuesday, August 28, 2018 at 4:30 in the City Council Hearing Room, 990 Palm Street, San Luis Obispo, California, for the purposes of conducting a closed session. The next Regular City Council Meeting is scheduled for September 4, 2018 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Teresa Purrington City Clerk APPROVED BY COUNCIL: 09/04/2018