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Home My WebLink About12-03-2019 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo CALL TO ORDER Tuesday, December 3, 2019 Regular Meeting of the City Council A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, December 3, 2019 at 4:30 p.m. in the Administration Collaboration Space, 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: City Staff Present: None 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 John Ashbaugh ---End of Public Comment-- CLOSED SESSION A. 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 letter has been received from Robert Goodman, Attorney at Law on behalf of his client Jamie Gomez, asserting that the City of San Luis Obispo's method of conducting elections may violate the California Voting Rights Act. San Luis Obispo San Luis Obispo City Council Minutes of December 3, 20 19 Page 2 Pursuant to California law, Mr. Goodman demands that the City Council adopt a resolution within 45 days of receipt of the letter outlining its intention to transition from at-large to district elections and specifying specific steps it will take to facilitate this transition. If the City Council does not adopt a resolution to this effect within 45 days (December 28, 2019), then Mr. Goodman asserts that legal action will be commenced in San Luis Obispo County Superior Court to require the City of San Luis Obispo to institute district elections pursuant to the California Voting Rights Act. B. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: APN 002-436-005, APN 002-436-008, portions of APN 002-436-013 (the" Adler Parcel"); and, Agency Negotiators: Negotiating Parties: Under Negotiation: APN 002-436-018 Derek Johnson, Christine Dietrick, Greg Hermann, Charles Bell, Tim Bochum, Charlene Rosales County of San T .uis Ohispo, the City of San T ,uis Ohispo, and 1144 Higuera Investments LLC, 1166 Higuera Street LLC Price and terms of payment C. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code§ 54957.6 Agency Negotiators: Organizations : Unrepresented Employees: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick San T ,uis Ohispo City Employee's Association (SLOCEA) San Luis Obispo Police Officer's Association (POA) San Luis Obispo Police Staff Officer's Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Management Employees Unrepresented Confidential Employees ADJOURN AT 6:25 P.M. TO THE REGULAR MEETING OF TUESDAY, DECEMBER 3, 2019 IN THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA San Luis Obispo City Council Minutes of December 3, 2019 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, December 3, 2019 at 6:27 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. 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 Gomez led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick reported regarding three items during Closed Session. A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Related to a CVRA demand letter, Council provided direction on negotiations with plaintiff counsel. Also, on a motion by Vice Mayor Pease and second by Council Member Stewart on a 5- O vote authorized the City Manager to appropriate funding for the litigation defense if necessary and the legal negotiations. B. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Related to the garage project between the City, County and 1144 Higuera, LLC direction provided on price and terms and no other reportable action on this matter. C. CONFERENCE WITH LABOR NEGOTIATORS There was no reportable action on this matter. PRESENTATIONS 1. CERTIFICATE OF RECOGNITION FOR OUTGOING VICE MAYOR PEASE Mayor Harmon presented a Certificate of Recognition to outgoing Vice Mayor Pease. San Luis Obispo City Council Minutes of December 3, 2019 Page 4 APPOINTMENT 2. VICE MAYOR APPOINTMENT FOR 2020 City Clerk Teresa Purrington presented the report and responded to Council questions. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON SECOND BY VICE MAYOR PEASE CARRIED 5-0 to appoint Council Member Aaron Gomez as Vice Mayor to -------!:>er-¥~ R~yea tei:m-eommenc~ng--Upon . .appointment------------------- PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jeffery Specht Don Hedrick Nick Regalia Rachel Maiorino James Papp ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 3 thru 5 and 7 thru 9. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4. DRAFT MINUTES REVIEW -NOVEMBER 19, 2019 CITY COUNCIL MEETING CARRIED 5-0, Approve the minutes of the City Council meeting held on November 19, 2019. 5. A O.TTJSTMRNTS TO SUPPLEMENTAL SALARY SCHEDULE AND POLICY AS A RESULT OF MINIMUM WAGE INCREASES CARRIED 5-0, to: l. Adopt Resolution No. 11064 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, establishing and adopting a Supplemental Employee Salary Schedule and superseding previous resolutions in conflict" modifying the Supplemental Employee Salary Schedule as necessary to comply with California Fair Wage Act of 2016 requiring a minimum wage of $13.00 per hour effective January I, 2020;and 2. Adopt the revised Supplemental Employee Policy. j San Luis Obispo City Council Minutes of December 3, 2019 Page 5 6. AN ORDINANCE TO REZONE PROPERTIES AT 609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 & 972 NIPOMO Council Member Pease and Vice Mayor Gomez recused from Item #6 Public Comment: Item 9-James Papp ---End of Public Comment--- CARRIED 3-0-2 (Council Member Pease and Vice Mayor Gomez recused), to adopt 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)." 7. REQUEST TO AUTHORIZE STAFF TO ADVERTISE A REQUEST FOR PROPOSALS FOR CONTRACT WATER METER READING CARRIED 5-0, to authorize staff to advertise a Request for Proposals (RFP) for contract meter reading and authorize the City Manager to execute an agreement if the selected proposal is less than or equal to $182,000 and satisfying any meet and confer obligations with represented employees. 8. EQUIPMENT SURPLUS DESIGNATION AND AUTHORIZATION OF SALE CARRIED 5-0, to authorize the designation and disposal of surplus items in accordance with the City's policies and procedures as prescribed in the Financial Management Manual Sections 405-L, 480-A, and 480-B. 9. HISTORIC SIGNIFICANCE DETERMINATION FOR A CONTRIBUTING LIST PROPERTY AT 644 MOUNTAIN VIEW STREET CARRIED 5-0, to adopt Resolution No. 11065 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, removing the property at 644 Mountain View Street from the Contributing Properties List of Historic Resources (644 Mountain View St, HIST-0531-2019)." STUDY SESSION ITEMS 10. CLIMATE ACTION PLAN STUDY SESSION Council Member Pease recusing herself pending resolution of FPPC enforcement action regarding Clean Energy Choice Ordinance. Deputy City Manager Greg Hermann, Sustainability and Nature Resources Official Bob Hill and Sustainability Manager Chris Read provided an in-depth staff report and responded to Council questions. an Luis Obispo City Council Minutes of December 3.2019 Public Comments: Barry Rands Christian Vian Don Hedrick Jenn Yost Janine Rands Mary Ciesinski Quinn Brady Page 6 ~~~~~~~-t--rrc-Veium-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ---End of Public Comment--- RECESS Council recessed at 8:17 p.m. and reconvened at 8:30 p.m., with all Council Members present except Council Member Pease. By consensus, with Council Member Pease recused, Council directed staff to receive and file the Climate Action Plan Update and all agreed that the staff is moving in the right direction regarding the five focus questions. Council Member Pease rejoined the meeting at 8:46 p.m. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 11. RESIDENT FOCUS GROUP AND SURVEY RESULTS REGARDING FUNDING PRIORITIES AND POTENTIAL REVENUE OPTIONS City Manager Derek Johnson and Assistant to the City Manager Ryan Betz 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 GOMEZ, CARRIED 5-0 to: I. Receive a report on the results of two resident focus groups, a statistically relevant survey of registered voters and a plan for continued public engagement and outreach; and 2. Proceed with further public engagement on funding priorities for the City, including renewing and amending the Local Revenue Measure (LRM) with ongoing community oversight (Revenue Enhancement Oversight Commission); and 3. Provide an update to the Revenue Enhancement Oversight Commission and discuss potential roles to support and participate in public engagement and outreach efforts. San Lui s Obis po C ity Coun c il Minutes of December 3, 2019 Page 7 12. CANNABIS BUSINESS PROGRAM AND REGULATION UPDATES Deputy City Manager Greg Hermann, Economic Development Manager Charlene Rosales and Management Fellow Georgina Bailey provided an in-depth staff report and responded to Council questions . Public Comments: Ben Condron Don Hedrick ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Receive an update on the City's Cannabis Business Program; and 2. Adopt Resolution No. 11066 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, amending the City's Master Fee Schedule with updated User and Regulatory Fees for various Commercial Cannabis Business activities;" and 3. Adopt Resolution No. 11067 (2019 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving Cannabis Operator Permit Ranking Criteria and the Annual Application Submittal Period (Code-1058-2017);" and 4. Introduce Ordinance No. 1673 (2019 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending the Municipal Code Public Peace, Morals and Welfare (Chapter 9.10) Regulations for Commercial Cannabis Business Businesses and Personal Cultivation." COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease participated at a water workshop on water conservation. ADJOURNMENT The meeting was adjourned at 10:14 p.m. The next Regular City Council Meeting is scheduled for Tuesday , January 14 , 2020 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 01/14/2020 ) Teresa Purrington City Clerk