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Home My WebLink About09-18-2018 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo ti Tuesday, September 18, 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, September 18, 2018 at 5:30 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 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 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation include the following: A July 20, 2018 letter from Orcutt Associates, LLC's attorney threatening litigation regarding the City's compliance with Reimbursement Agreement San Luis Obispo Page 1 San Luis Obispo City Council Minutes of September 18, 2018 Page 2 dated November 20, 2007 and amended in July 22, 2011. A copy of the July 20, 2018 letter is on file with the City Clerk's office. RECESSED AT 5:40 P.M. TO THE REGULAR MEETING OF SEPTEMBER 18, 2018 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER San Luis Obispo City Council Minutes of September 18, 2018 Page 3„ C ALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, September 18, 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 Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Peter Williamson, SLOCOG Jeffery Specht John Ashbaugh Don Hedrick Janine Rands ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 1, 2, 5 thru 11. MAYOR HARMON REQUESTED THAT ITEMS 3 AND 4 BE PULLED FROM CONSENT. ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 3 AND 4. San Luis Obispo City Council Minutes of September 18, 2018 Page 4 1. REVIEW MINUTES OF THE SEPTEMBER 4, 2018 CITY COUNCIL MEETING CARRIED 5 — 0 to approve the minutes of the City Council meeting held on September 4, 2018. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5 — 0 to waive reading of all resolutions and ordinances as appropriate. 3. AWARD CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CONTRACT WATER RESOURCE RECOVERY FACILITY PROJECT CARRIED 5 — 0 to award a contract to Carollo Engineers, Inc. in the amount of $8,285,452 for Construction Management and Inspection Services for the Water Resource Recovery Facility Project, Specification No. 91363CM and authorize the City Manager to execute the agreement. 4. ADOPTION OF ORDINANCES APPROVING THE COMPREHENSIVE UPDATE TO THE CITY'S ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL CODE AND ASSOCIATED ZONING AMENDMENTS CARRIED 5 — 0 to adopt Ordinance 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 August 21, 2018 (Zoning Regulations, GENP-0327-2017);" and Adopt Ordinance 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);" and Adopt Ordinance 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)." 5. BIENNIAL REVIEW AND AMENDMENTS TO THE CITY'S CONFLICT OF INTEREST CODE CARRIED 5 — 0 to adopt Resolution No. 10938 (2018 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, amending the City's conflict of interest code." San Luis Obispo City Council Minutes of September 18, 2018 Page 5 6. EMERGENCY SERVICES AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY CARRIED 5 — 0 to authorize the Mayor to execute a succession Agreement with California Polytechnic State University, in a form subject to the approval of the City Attorney, for emergency response services to Cal Poly. 7. APPROVAL OF THE FINAL MAP FOR TRACT 3083 WEST CREEK, 1299 ORCUTT ROAD SBDV-1769-2015 TT� CARRIED 5 — 0 to adopt Resolution No. 10939 (2018 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the final map for Tract 3083 West Creek (1299 Orcutt Road, SBDV-1769-2015)." 8. STORM EVENT REIMBURSEMENT PROCESSING CARRIED 5 — 0 to adopt Resolution No. 10940 (2018 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, designating its agents for disaster reimbursement." 9. ADOPTION OF AN ORDINANCE ESTABLISHING CANNABIS BUSINESS OVERLAY ZONES WHERE CANNABIS BUSINESS ACTIVITY MAY BE PERMITTED WITHIN THE CITY CARRIED 5 — 0 to adopt Ordinance 1653 (2018 Series), entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City's Zoning Code and Zoning Map to designate seven areas of the city as Cannabis Business Overlay Zones where cannabis businesses may be located as may be allowed or conditionally allowed by the underlying zoning district and the rules and regulations established in the City's Municipal Code (CODE -1058-2017)." 10. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO, CITY OF SAN LUIS OBISPO POLICE DEPARTMENT, AND RISE CARRIED 5 — 0 to authorize the City Manager to sign the Memorandum of Understanding between the City of San Luis Obispo, City of San Luis Obispo Police Department and RISE (Respect Inspire Support Empower). 11. A PUBLIC HEARING TO ADD PROPERTIES TO THE MASTER LIST OF HISTORIC RESOURCES AND TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES CARRIED 5 — 0 to adopt Resolution No. 10941 (2018 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California adding the property located at 1568 Higuera Street to the Master List of Historic Resources as "The Miles Fitzgerald Home" and adding the property located at 1582 & 1592 Higuera Street and 1061 Grove Street to the Contributing Properties List of Historic Resources (HIST -1458-2018)" San Luis Obispo City Council Minutes of September 18 2018 Pae 6 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 12. RESOLUTION OPPOSING STATE PROPOSITION 6 TO REPEAL THE GAS TAX INCREASE THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AS APPROVED IN SB 1 BY THE STATE LEGISLATURE Public Works Director Daryl Grigsby presented the staff report and responded to Council questions. Public Comments: Peter Rodgers, SLOCOG Molly Kern, Chamber of Commerce ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Resolution No. 10942 (2018 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, opposing Proposition 6 — SB 1 Repeal," RECESS Council recessed at 6:50 p.m. and reconvened at 6:57 p.m., with all Council Members present. 13. CLIMATE ACTION PLAN UPDATE STATUS REPORT GREENHOUSE GAS EMISSIONS INVENTORY UPDATE AND DIRECTION ON GREENHOUSE GAS REDUCTION TARGETS (HILL / FOWLER / READ — 60 MINUTES) Interim Deputy Director Bob Hill, Community Development Deputy Director Xzandrea Fowler, and Sustainability Manager Chris Read presented the staff report and responded to Council questions. Public Comments: David Brodie Barry Rands Justin Bradshaw Eric Meyer Don Hedrick Eric Steeb Eric Veium Sarah Flickinger Janine Rands ---End of Public Comment --- ACTION: By consensus the Council provided the following direction regarding updated greenhouse gas targets: • Pursue a 2035 carbon neutral goal; • Direct staff to update the Climate Action Plan to meet the 2035 goal that outlines strategies and options to achieve the 2035 goal; San Luis Obispo City Council Minutes of September 18, 2018 Page 7 • Continue to take immediate action consistent with the Major City Goal to reduce community wide goal to reduce GHG emissions; and • To continue to work on the reach code. 13. PUBLIC HEARING TO INTRODUCE AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM AND TO ADOPT AND IMPLEMENT RELATED PROCESSES (HILL / READ — 75 MINUTES) Interim Deputy Director Bob Hill, and Sustainability Manager Chris Read presented the staff report and responded to Council questions. Public Comments: Jeffery Specht Eric Meyer Barry Rands Jenny Anderson Kevin Hauber Don Hedrick Eric Veium John Smigelski Justin Bradshaw ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve: 1. Receive the CCE Technical Study and presentation; and 2. Introduce Ordinance No. 1954 (2018 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, authorizing the implementation of a community choice aggregation program"; and 3. Adopt Resolution No. 10943 (2018 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the joint powers agreement establishing Central Coast Community Energy on behalf of the City of San Luis Obispo including the changes requested by the City of Morro Bay City Council; and 4. Appoint Council members Gomez and Pease to serve as the City's representatives on Central Coast Community Energy's Board of Directors; and 5. Direct staff to continue to support Central Coast Community Energy implementation and program launch until such time that the new agency has hired staff and transitioned to an operational, independent agency. 15. MIOSSI BROTHERS LA CUESTA RANCH OPEN SPACE ACQUISITION_ (JOHNSON / HILL — 30 MINUTES) Interim Deputy Director Bob Hill presented the staff report and responded to Council questions. San Luis Obispo City Council Minutes of Sclatcmbcr 18.2018 Page 8 Public Comments: None ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve adopt Resolution No. 10944 (2018 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California authorizing the acquisition of a portion of the Miossi Brothers La Cuesta Ranch property identified as Assessor Parcel Nos. 070-241-013; 073-231-008; 073-271-013; and 073-341- 003 (Portion) totaling approximately 266 acres in unincorporated San Luis Obispo County." C'Oi1NCII, COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon indicated she attended the countywide mayors meeting, Parks and Recreation workshop on the Parks and Recreation Element, coastal cleanup at Sinsheimer Park, and met with new ASI president. Council Member Pease indicated she attended the League of California Cities conference in Long Beach (paid for by the City), and the coastal cleanup at Sinsheimer Park. Council Member Gomez attended the Bio Digester ribbon cutting, coastal cicanup, and the League of California Cities conference in Long Beach (paid for by the City). Vice Mayor Christianson also attended the League of California Cities conference (paid for by the City). ADJOURNMENT The meeting was adjourned at 9:36 p.m. The next Regular City Council Meeting is scheduled for October 2, 2018 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. Teresa Purrington City Clerk APPROVED BY COUNCIL: 10/02/2018