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Home My WebLink About11-12-2019 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, November 12, 2019 Continued Regular Meeting of the City Council CALL TO ORDER A Continued Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 12, 2019 at time 6:30 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 Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice Mayor Andy Pease, and Mayor Heidi Harmon. 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 Stewart led the Pledge of Allegiance. PROCLAMATIONS 1. NATIONAL HOSPICE AND PALLIATIVE CARE MONTH Mayor Harmon presented a Proclamation to Kris Kington-Baker, Executive Director of Hospice SLO County, declaring November to be "National Hospice and Palliative Care Month." San Luis Obispo Page 1 San Luis Obispo City Council Minutes of November 12, 2019 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Marisa Balmana Jeffery Specht Dave Hannings Terry Mohan Don Hedrick ---End of Public Comment--- CONSENT AGENDA Page 2 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 9. Public Comment Item 5 -Jeffery Specht 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 3. DRAFT MINUTES REVIEW -OCTOBER 22, 2019 CITY COUNCIL MEETING CARRIED 5-0, to approve the minutes of the City Council meeting held on October 22, 2019. 4. AN ORDINANCE TO ADOPT BY REFERENCE THE 2019 CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS CARRTRD 5-0, to adopt Ordinance No. 1670 (2019 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and amend the latest editions of the California Building Standards Codes and adopting findings of fact to support the amendments." 5. POLICE EVIDENCE ACCOUNT CARRIED 5-0, to: 1. Authorize the transfer of funds from Fund 701 General Agency Fund -Police (for Evidence funds) in the amount of $139,258 to General Fund balance; and 2. Authorize the Finance Director to return claimed funds that have been validated by the Police Department, up to $7,500 to claimant from the Evidence Fund account; and 3. Authorize the City Manager to approve the close out of the Evidence Fund account annually, at the end of each fiscal year, and appropriate funds accordingly; and 4. Adopt Resolution No 11057 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the transfer of funds from Fund 701 General Agency Fund -Police Evidence Funds, to General Fund Balance." San Lui s Obi s po C ity Council Minutes of Novemb er 12, 2019 Page 3 6. PARKS AND RECREATION OFFICE REHABILITATION PROJECT, SPECIFICATION NO. 91562 CARRIED 5-0, to approve the Project Plans and Special Provisions for the Parks and Recreation Office Rehabilitation Project, Specification 91562, authorize staff to advertise for bids and authorize the City Manager to award the construction contract for the Bid Total if the lowest responsible bid is within the Engineer's Estimate $340,000. 7. ISLAY HILL PARK PLAYGROUND RENOVATION, SPECIFICATION NO. 91654 CARRIED 5-0, to: 1. As recommended by the Parks and Recreation Commission, approve the Project Plans and Special Provisions for the Islay Hill Park Playground Renovation Project, Specification Number 91654; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the construction contract if the lowest responsible bid is within the publicly disclosed Funding Amount of $300,000; and 3. Approve a City Sole Source purchase from GameTime Equipment in an amount not to exceed $150,000 for purchase of playground equipment and authorize Finance Director to execute Purchase Order upon receipt of final quote. 8. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2020 CARRIED 5-0, to: Adopt the proposed 2020 Regular City Council meeting schedule with meetings normally held the first and third Tuesday of every month , with the following exceptions: 1. Reschedule the Regular City Council meeting of January 7 to January 14, 2020, 2. Reschedule the Regular City Council Meeting of November 3 to November 10, 2020, 3. Cancel the Regular City Council meetings of August 4 and December 15, 2020. 9. AMENDMENT TO LEGAL SERVICES AGREEMENT FOR CONTRACT DEPUTY CITY ATTORNEY SERVICES CARRIED 5-0, to adopt Resolution No. 11058 (2019 Series) entitled, "A Resolution of the City of San Luis Obispo, California, approving an amendment to the Legal Services Contract with Hanley and Fleishman, LLP, and Related Budgetary Appropriations" authorizing the City Attorney to execute a Third Amendment to the Legal Services Agreement. San Luis Obispo City Council Minutes ofNovember 12, 2019 Page 4 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 10. PUBLIC HEARING TO INTRODUCE AN ORDINANCE TO REZONE PROPERTIES AT 609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 & 972 NJPOMO STREETS, AND REVIEW OF A NEW PERFORMING ARTS FACILITY AND A NEW PARKING STRUCTURE WITHIN THE DOWNTOWN COMMERCIAL ZONE (CODRON I STANWYCK /COHEN I BURDE -90 MINUTES) Vice Mayor Pease recused herself as her business is located within 500 feet of the proposed project. Vice Mayor Pease left the dais at 7: 18 PM. RECESS Council recessed at 7:22 p.m. and reconvened at 7:26 p.m., with Council Members Christianson, Gomez, and Stewart and Mayor Harmon present. Council Member Gomez recused himself as his business is located within 500 feet of the proposed project. Council Member Gomez left the dais at 7:26 PM. Community Development Director Michael Codron and Associate Planner Rachel Cohen, Tim Bochum, Deputy Director Public Works, Debbie Lagomarcino Rudd -RRM design group, Pierre Rademaker -Rademaker Design, Michelle Wendler -Watry Design (Architect), Bryce Engstrom -Architect (SLO Rep,) Kevin Harris -Managing Artistic Director (SLO Rep,) provided an in-depth staff report and responded to Council questions. Public Comments: Ellie Washington Jeffery Specht Patty Thayer Jeff Olds Mary Ellen Gibson Ursula Bishop Penny Della Pelle Ann Robinson Charley Beck Bettina Swigger Evan Reed Dave Hannings Wendy George James Papp Barry Rands Molly Kem Mary Mitchell John Dunn Don Hedrick John Ashbaugh Joan Roach Sandra Marshall ---End of Public Comment--- J San Luis Obispo City Council Minutes ofNovember 12, 2019 Page 5 RECESS Council recessed at 9:11 p.m. and reconvened at 9:21 p.m., with Council Members Christianson and Stewart and Mayor Harmon present. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 3-0-2 (COUNCIL MEMBER GOMEZ AND VICE MAYOR PEASE RECUSED) to: 1. Introduce Ordinance No. 1671 (2019 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, rezoning properties at 609 & 633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo Streets from Office with a Historic District Overlay (0-H) and Medium-High Density Residential (R-3) to Downtown Commercial Zone with a Historic Overlay (C-D-H) consistent with the Palm Nipomo Parking Structure Project with an addendum to the Certified Environmental Impact Report as represented in the Council Agenda Report and attachments dated November 5, 2019 (RZ-0460-2019)." 2. Adopt Resolution No. 11059 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Architectural Design of a new Performing Arts Facility (SLO Rep Theatre) and a new Parking Structure, a deviation in the height and floor area ratio for the parking structure, Use Permits to allow the SLO Rep Theatre and a Parking Structure within the Downtown Commercial Zone, and adopt a General Plan Amendment changing the project site from Office and Medium-High Density Residential to General Retail with an addendum to the Certified Environmental Impact Report as represented in the City Council Agenda Report and attachments dated November 5, 2019 (609 & 633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo Streets; ARCH-0415-2019, USE-0416-2019, ARCH-0448-2019, USE-0388-2017 & GENP-0389-2017)." With the following added direction: • Immediately begin the process of advertising/or a private partner to relocate the Heyd adobe. • Authorize the City Manager to use his purchasing authority to incentivize a public/private partnership for the relocation of the Heyd adobe. Council Member Gomez and Vice Mayor Pease rejoined the meeting at 10:04 p.m. San Luis Obispo City Council Minutes of November 12, 2019 Page 6 11. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT Deputy City Manager Greg Hermann, Tourism Manager Molly Cano and TBID Chair Bruce Skidmore provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to: 1. Receive testimony regarding the City Council's intention to continue the San Luis Obispo Tourism Business Improvement District and determine whether a legally sufficient protest is made; and 2. Adopt a Resolution No. 11060 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District and affirming the establishment of the District." COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon attended the quarterly Advisory Body Meeting, visited Gopher Glen carbon sequestering project with Bob Hill Sustainability and Natural Resources Official, attended the WRRF groundbreaking, Central Coast Economic Forecast and the League of Women voters event celebrating Women's Right to Vote. Gomez attended a Zero Waste conference in Vancouver on behalf of the City. Vice Mayor Pease participated in a panel discussion hosted by two of the of Downtown SLO's committees to discuss groundwater process. ADJOURNMENT The meeting was adjourned at 10: 18 p.m. The next Regular City Council Meeting is scheduled for Tuesday, November 19, 2019 at 5:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 11/19 /2019 Teresa Purrington City Clerk