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HomeMy WebLinkAbout01-14-2020 City Council MinutesJ Council Minutes City Hall, 990 Palm Street, San Luis Obispo Tuesday, January 14, 2020 Rescheduled Regular Meeting of the City Council CALL TO ORDER A Rescheduled Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 14, 2020 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 Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez, 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. 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: Organizations: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick San Luis Obispo 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 Employees: Unrepresented Management Employees Unrepresented Confidential Employees San Luis Obispo City Council Minutes of January 14, 2020 Page 2 B: 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: Two; Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: No. of potential cases: Two. 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: Dispute between the City and the owner of real property located at 3595 Sueldo regarding a previously unaccepted offer to dedicate right of way pursuant to the Subdivision Map Act, Tract 703 as recorded in Book 10 of Maps at Page 50 on October 31, 1980, and validity of acceptance of right of way for public road purposes; and a related assertion of liability by the owner of an adjacent property (Sullivan, Tentative Tract 3009/Minor Subdivision SLO 17- 0107) against the City for unspecified damages allegedly resulting from the unaccepted offer. Correspondence regarding these issues is available for review in the City Clerk's Office located at 990 Palm Street. C: 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, Allumt::y al Law, un bd1alf uf his dient Jamie Gomez, asserting that the City of San Luis Obispo's method of conducting elections may violate the California Voting Rights Act. Pursuant to California law, Mr. Goodman demanded that the City Council adopt a resolution within 45 days ofreceipt 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. The deadline for the City Council to adopt a resolution to this effect would have been the end of December, but on November 26, 2019 a Standstill Agreement was entered into extending the deadline to January 31, 2020. If a resolution has not been adopted by the January 31 deadline, then Mr. Goodman asserts 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. J San Luis Obispo City Council Minutes of January 14, 2020 Page 3 D: 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: Two. 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: On September 3, 2019, the City Council adopted the Clean Energy Choice Program with the second reading of the related ordinances planned for the September 17, 2019, Council meeting. On September 13, 2019, the City received correspondence from legal counsel representing the Utility Workers Union of America Local 132 alleging violations of conflict-of-interest rules related to the ordinances, which was followed by notification of a formal complaint being filed with the California Fair Political Practices Commission ("FPPC") against Councilmember Pease. The September 13, 2019, letter is on file with the City Clerk. On September 20, 2019, the City requested formal advice from the FPPC on behalf of Councilmember Pease and a majority of the City Council regarding the application of the commission's statutes, rules and regulations concerning the City's adoption of the Clean Energy Choice Program. On October 12, 2019, the City was notified that the FPPC would not be providing advice as requested. On October 28, 2019, the City requested formal advice from the FPPC on behalf of just a majority of the City Council regarding the application of the commission's statutes, rules and regulations concerning the City's adoption of the Clean Energy Choice Program. On November 14, 2019, the FPPC issued a formal letter declining to provide advice as requested. That November 14, 2019, letter is on file with the City Clerk. Additionally, the City has received correspondence dated October 1, 2019, from Saro G. Rizzo, Attorney at Law, expressing concerns with the City's Clean Energy Choice Program ordinances. The October 1, 2019 letter is on file with the City Clerk. All letters on file are available for review in the City Clerk's Office located at 990 Palm Street. ADJOURN AT 5:50 P.M. TO THE REGULAR MEETING OF TUESDAY, JANUARY 14, 2020 IN THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA. San Luis Obispo City Council Minutes of January 14, 2020 Page 4 CALL TO ORDER A Regular Rescheduled Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 14, 2020 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 Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez, 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 the following actions taken at Closed Session: A. CONFERENCE WITH LABOR NEGOTIATORS -No reportable action taken. B. CONFERENCE WITH LEGAL COUNSEL -AN'l'lCIPATED LITIGATION (Sueldo Right of Way dispute); Council considered a settlement offer from the Maino Family Trust and provided unanimous direction to staff to reject the settlement offer; council provided additional direction regarding resolution of the dispute. No other reportable action was taken. C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (CVRA) Council received an extension of time for the demand for district elections extended by potential plaintiffs' legal counsel and unanimously accepted that extension, with direction to staff to proceed with City efforts to enhance inclusivity in the City's electoral processes, including the council compensation committee process and consideration of alternatives other than districting to the city's current at large election process. No further reportable action was taken. D. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION -No reportable action was taken. (Council Member Pease recused herself from this item pending FPPC enforcement action.) San Luis Obi s po City Council Minu te s of January 14. 2020 Page 5 PRESENTATIONS 1. PRESENTATION FROM THE COUNTY OF SAN LUIS OBISPO REGARDING THE 2020 CENSUS Kristin Erikson gave a presentation regarding the 2020 Census. APPOINTMENTS 2. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2020 City Clerk Purrington presented the contents of the report. Public Comment: None. ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Council Liaison Subcommittee assignments for the calendar year of 2020. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jeffery Specht Sabrina Slusser Dane Senser Riley Manford Nick Regalia Don Hedrick Courtney Kienow, Cal Poly America Carroll Abby Landis Cameron Adams Bonnie DeSantos Steve Barasch ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 3 thru 9. Public Comment: Rob Davidson -Item 6 John Smigelski -Item 6 ---End of Public Comment--- San Luis Obispo City Council Minutes of January 14 , 2020 Page 6 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 REVIEW -DECEMBER 3, 2019 CITY COUNCIL MEETING CARRIED 5-0, to approve the minutes of the City Council meeting held on December 3, 2019. 5. 2019 WATER RESOURCES STATUS REPORT CARRIED 5-0, to receive and file the City's 2019 Water Resources Status Report. 6. LAGUNA LAKE 2020 MAINTENANCE DREDGING PROJECT, SPEClFlCATION NO. 91392 CARRIED 5-0, to 1. Approve the Project Plans and Special Provisions for the Laguna Lake 2020 Maintenance Dredging Project; and, 2. Authorize staff to advertise for bids; and, 3. Authorize the City Manager to award the construction contract if the lowest responsible bid is within the Engineer's Estimate of $380,000. 7. REQUEST FOR PROPOSAL FOR MARKETING SERVICES FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT CARRIED 5-0, to I. Authorize the issuance of a Request for Proposals (RFP) for contract services for tourism marketing services; and 2. Authorize the City Manager to award the contract if proposals are within the project budget of $1,000,000. 8. SECOND READING OF ORDINANCE NO. 1673 (2019 SERIES) AMENDING SECTION 9.10.070 CARRIED 5-0, to adopt Ordinance No. 1673 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" clarifying unsuccessful applicants' ability to apply during separate application periods in the same year. 9. AUTHORIZE AIR POLLUTION CONTROL DISTRICT GRANT APPLICATION TO SUPPORT ELECTRIC VEHICLE CHARGERS AT CITY HALL CARRIED 5-0, to 1. Authorize the City Manager, or his designee, to execute and file grant applications with the Air Pollution Control District (APCD) for electric vehicle charging and to execute any related grant applications, certifications, assurances, forms , agreements, and associated documents on behalf of the City; and 2. Authorize the City Manager to approve a Budget Amendment Request to increase the budget reflecting these grant funds, if awarded. San Luis Obispo City Council Minute of January 14, 2020 Page 7 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 10. PUBLIC HEARING -EXPANSION OF THE EXISTING MONTEREY HEIGHTS RESIDENTIAL PARKING PERMIT DISTRICT AND THE ESTABLISHMENT OF THE DANA STREET RESIDENTIAL PARKING PERMIT DISTRICT Council Member Pease recused herself as her business is located within 300 feet of the proposed Dana Street parking district. Council Member Pease left the dais at 7:44 PM. Deputy Director Public Works Tim Bochum and Parking Services Supervisor Alex Fuchs provided an in-depth staff report and responded to Council questions. Public Comments: Kylie Clark Anne M. Brown Madison Janas DonnaDuerk Steve Barasch Odile Ayral ---End of Public Comment--- RECESS Ursela Bishop Don Hedrick Rob Moore Christian Ramirez Marissa Hiji Council recessed at 8: 15 p.m. and reconvened at 8:27 p.m., with all Council Members present except Council Member Pease. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 4-0-1 (COUNCIL MEMBER PEASE RECUSED) to adopt Resolution No. 11068 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, establishing the Residential Parking Permit District for the Dana Street area of the City, establishing days and hours of operation of said district, and time of renewal for a parking permit" for the 400-500 blocks of Dana Street. With direction to extend the district to the entire street, explore providing one parking permit for each unit for multi-family properties with 8 units or less and the formation of a special event process. Council Member Pease returned to the dais at 8:38 p.m. Deputy Director Public Works Tim Bochum and Parking Services Supervisor Alex Fuchs provided and in-depth staff report and responded to Council questions. Public Comments: Rozann Blackwell Tawn Roide Ansgar Killing Gail Gray Sarah Brown ---End of Public Comment--- San Luis Obi po City Council Minutes of January 14, 2020 Page 8 ACTION: MOTION BY VICE MAYOR GOMEZ, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to adopt Resolution No. 11069 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, modifying the Residential Parking Permit District for the Monterey Heights area of the City, establishing days and hours of operation of said district and time of renewal for a parking permit" to include residential properties located on 10-400 blocks of Buena Vista Avenue. 11. PUBLIC HEARING -INTRODUCE AN ORDINANCE AMENDING DESIGNATED PORTIONS OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE SECTION 3.04.020, SECTION 3.04.080, SECTION 3.04.090, SECTION 3.04.100 AND SECTION 3.04.130 OF MUNICIPAL CODE CHAPTER 3.04 -TRANSIENT OCCUPANCY TAX Finance Director Brigitte Elke and Budget Analyst Natalie Hamett provided an in-depth staff report and responded to Council questions. Public Comments: None. ---End uf Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to introduce Ordinance No. 1674 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Sections 3.04.020, Section 3.04.080, Section 3.04.090, Section 3.04.100 and Section 3.04.130 of Municipal Code Title 3.04 -Transient Occupancy Tax" to revise action to collect applicable tax assessments and to clarify the process to appeal. 12. MIOSSI OPEN SPACE CONSERVATION PLAN Deputy City Manager Greg Hermann and Sustainability, Natural Resources Official Robert Hill and Sustainability & Natural Resources Intern Dylan Stafforini provided an in-depth staff report and responded to Council questions. Public Comments: None. ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER STEWART, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve Resolution No. 11070 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Miossi Open Space Conservation Plan and adoption of a Negative Declaration." J San Luis Obispo City Council Minutes of January 14. 2020 Page 9 COUNCIL COMMUNICATIONS AND LIAISON REPORTS Vice Mayor Gomez provided an update on IWMA activities. Council Member Pease provided an update on the Groundwater Sustainability activities and SLOCOG and Coast Rail Coordinating Counties. ADJOURNMENT The meeting was adjourned at 9:49 p.m. The next Regular City Council Meeting is scheduled for Tuesday, January 21, 2020 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 02/04/2020 /. Teresa Purrington City Clerk