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Home My WebLink About01-21-2020 City Council MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo CALL TO ORDER Tuesday, January 21, 2020 Regular Meeting of the City Council A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January 21, 2020 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Vice Mayor Gomez. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, and Vice Mayor Aaron Gomez Council Members Absent: Mayor Heidi Harmon 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 Vice Chair Gomez led the Pledge of Allegiance. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Breane Boswell Shana Paulson Donald Hedrick Jeffery Specht Mark Shaffer David Brodie Allan Cooper Robert Toth ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0-1 (MAYOR HARMON ABSENT) to approve Consent Calendar Items 1 thru 4 and 7 thru 12. Council Member Pease recused herself from items 5 and 6 due to a financial conflict as she had worked with People's Self Help in the past year. San Luis Obispo City Council Minutes of January 21. 2020 Page 2 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 3-0-1-1 (MAYOR HARMON ABSENT AND COUNCIL MEMBER PEASE RECUSED) to approve Consent Calendar Items 5 and 6 with the Recommendation and Resolution submitted as agenda correspondence for Item 6. 1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 4-0-1 (MAYOR HARMON ABSENT), to waive reading of all resolutions and ordinances as appropriate. 2. 2019 OPEN SPACE MAINTENANCE PLAN PROGRESS REPORT CARRIED 4-0-1 (MAYOR HARMON ABSENT), to receive and file the Parks and Recreation Department's Open Space Maintenance Plan 2019 Progress Report. 3. 2019 ANNUAL PROGRESS REPORT FOR THE 2020 PARKS AND RECREATION STRATEGIC PLAN CARRIED 4-0-1 (MAYOR HARMON ABSENT), to receive and file the 2019 Annual Progress Report for the 2020 Parks and Recreation Strategic Plan. 4. ADOPTION OF THE CITY OF SAN LUIS OBISPO TRANSIT'S FEDERAL FISCAL YEAR 2021-23 TITLE VI PLAN CARRIED 4-0-1 (MAYOR HARMON AHSENT), to adopt the City of San Luis Obispo Transit's Federal Fiscal Year 2021-23 Title VI Plan. 5. PEOPLES' SELF-HELP HOUSING CORPORATION'S REOUEST OF AFFORDABLE HOUSING FUNDS FOR TWO NEW AFFORDABLE HOUSING DEVELOPMENTS CARRIED 3-0-1-1 (MAYOR HARMON ABSENT AND COUNCIL MEMBER PEASE RECUSED), to: I. Adopt Resolution No. 11071 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving an Affordable Housing Fund award to Peoples' Self-Help Housing Corporation for Tiburon Place in the amount of $700,000;" and 2. Adopt Resolution No. 11072 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving an Affordable Housing Fund award to Peoples' Self-Help Housing Corporation for Broad Street Place in the amount of $1,300,000. J San Luis Obispo City Council Minutes of January 21 . 2020 Page 3 6. AUTHORIZATION TO PURSUE STATE AND FEDERAL AFFORDABLE HOUSING, TRANSPORTATION, AND WATER QUALITY GRANT FUNDING CARRIED 3-0-1-1 (MAYOR HARMON ABSENT AND COUNCIL MEMBER PEASE RECUSED), to: 1. Adopt Resolution No. 11073 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California: ( 1) Authorizing the City as a participating entity in the application to be submitted by Peoples' Self-Help Housing Corporation, under the State of California's Affordable Housing and Sustainable Communities Program; and (2) to execute certain documents with PSHHC for the submittal of the AHSC Program application; in connection with Tiburon Place, an Affordable Housing Project at 3750 Bullock Ln;" and 2. Adopt Resolution No. 11074 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing a proposal for funding to be submitted to the Department of Water Resources and designating a representative to execute the Agreement and any amendments thereto, for the Mid-Higuera Bypass Project; and 3. Authorize staff tu prepare and submit State and Federal grant applications for the Prado Road Interchange Project and Mid-Higuera Bypass projects and authorize the City Manager or their designee to execute the grant application documentation; and 4. Authorize the City Manager to appropriate grant funds and approve a budget amendment to reflect received grant funds, if awarded. With the following added Recommendation: 5. Adopt a Resolution No. 11075 (2020 Series) entitled"A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager or their Designee to File, Execute and Fulfill any Related Infill Infrastructure Grant Program Applications, Certifications, Assurances, Forms, Agreements, and Associated Documents and Behalf of the City" authorizing the City and San Luis Ranch to apply for the Infrastructure Infill Grant for an estimated value up to $ 7. 5 M to support the Prado Interchange Project. 7. REQUEST TO MODIFY CONDITIONS OF A PREVIOUSLY APPROVED PROJECT AT 774 CAUDILL STREET (CITY FILE NO. MOD-0775-2019) CARRIED 4-0-1 (MAYOR HARMON ABSENT), to adopt Resolution No. 11076 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the modifications to Council Resolution No. 10734 (2016 Series) of a previously approved project at 774 Caudill Street, to reflect changes in the project design that reduces the requested density bonus from 48 percent to 47.5 percent, resulting in a reduction of the number of affordable units required for the project. The project is categorically exempt from environmental review (Class 32, Infill Development). Review as represented in the City Council Agenda Report and Attachments dated January 21, 2020 (774 Caudill, AFFH-3142-2016/MOD-0775-2019)." San Luis Obispo City Council Minutes of January 21, 2020 Page 4 8. PUBLIC DISCLOSURE OF GOOD FAITH ESTIMATES AND PAY OFF OF STATE REVOLVING FUND LOAN AS CONDITIONS OF THE WATER ENERGY EFFICIENCY PROJECT UPGRADE FINANCING CARRIED 4-0-1 (MAYOR HARMON ABSENT), to: 1. Review the California Infrastructure and Economic Development Bank (I Bank) good faith estimate in compliance with Government Code Section 5851.2 disclosure requirements; and 2. Adopt Resolution No. 11077 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the California Infrastructure and Economic Development Bank Good Faith Estimate;" and 3. Adopt Resolution No. 11078 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the use of Water Fund Unreserved Working Capital to pay off the State Revolving Fund Water Reuse Project Loan." 9. AGREEMENT WITH THE LOCAL GOVERNMENT COMMISSION TO SUPPORT THE CALTRANS CLIMATE CHANGE ADAPTATION GRANT (RESILIENT SAN LUIS OBISPO) CARRIED 4-0-l (MAYOR HARMON ABSENT), to authorize the Community Development Director to enter into an agreement with the Local Government Commission (LGC) in the amount of $147,750 to support a comprehensive vulnerability assessment and update to the Safety Element of the General Plan funded through the Caltrans Climate Change Adaptation Grant, "Resilient SLO." 10. INTRODUCE AN ORDINANCE AMENDING CHAPTER S.20 (TAXICABS) OF THE SAN LUIS OBISPO MUNICIPAL CODE CARRIED 4-0-1 (MAYOR HARMON ABSENT), to introduce Ordinance No. 1675 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Municipal Code Title 5.20 regarding Taxicabs." 11. FY 2018-19 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES UNDER ASSEMBLY BILL 1600 CARRIED 4-0-1 (MAYOR HARMON ABSENT), to 1. Review the 2018-19 Fiscal Year Report on Development Impact Fees in compliance with AB 1600 annual disclosure requirements; and 2. Adopt Resolution No. 11079 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2018-19 Annual Report on Development Impact Fees, reaffirming the necessity of Development Impact Fees and make findings of Development Impact Fees, and make findings related to Impact Fee Balances and In-Lieu Fees." Sa n Lui s Obispo C ity Co uncil Minutes of January 2 l, 2020 Page 5 12. APPROVAL OF THE FINAL MAP FOR TRACT 3063 -PHASE 3, 3987 ORCUTT ROAD (FMAP 1959-2018) CARRIED 4-0-1 (MAYOR HARMON ABSENT), to adopt Resolution No. 11080 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 3063-Phase 3 (3987 Orcutt Road, FMAP-1959-2018)." STUDY SESSION ITEMS 13. STUDY SESSION: SUMMARY AND UPDATE OF RECENT 2019 HOUSING LEGISLATION Community Development Director Michael Codron and Housing Coordinator Cara Vereschagin provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- By consensus, Council directed staff to receive and file the summary and update on recent 2019 Housing Legislation. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 14. PUBLIC HEARING: CONSIDERATION OF A PROHIBITION ON THE SALE OF FLA VO RED TOBACCO AND/OR ELECTRONIC CIGARETTE PRODUCTS Deputy City Manager Greg Hermann, Assistant to the City Manager Ryan Betz, and Management Fellow Georgina Bailey provided an in-depth staff report and responded to Council questions. RECESS Council recessed at 7:50 p.m. and reconvened at 8:05 p.m., with all Council Members present. Public Comments: Julia Alber Dr. Steve Hansen Luke Wytmans Fadi Mohmoud Tony Tanous Issa Abdullah Zack Kridi Tom Kridi ---End of Public Comment--- Lisa Guy Shelly Weller Lorraine Jackson John Phelan Mary Ciesinski Rhian Royal Kimiya Ganjooi San Lujs Obispo City Council Minutes of January 21. 2020 Page6 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0-1 (MAYOR HARMON ABSENT) to: 1. Receive a report on the federal, state and regional approaches prohibiting the sale of flavored tobacco and/or electronic cigarette products; and 2. Introduce Ordinance No. 1676 (2020 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending the Municipal Code Health And Safety (Chapter 8.14) Tobacco Retailer License," prohibiting the sale of electronic cigarette products that have not received premarket review by the U.S. Food and Drug Administration. 15. AMENDMENT TO PUBLIC ART POLICY AND PROCEDURES MANUAL Parks &Recreation Director Greg A vakian, Recreation Manager Lindsey Stephenson and Management Fellow Andrew Harris provided an in-depth staff report and responded to Council questions. Public Comments: Jeffery Specht Lindsay Wilcox Jan Marx Dr. Joseph Morris John Ashbaugh James Papp Steve Delmartini ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0-1 (MAYOR HARMON ABSENT) to adopt Resolution No. 11081 (2020 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, amending the Public Art Policy and Procedures Manual.' with the following changes: • On first page: • WHEREAS, on January 21 , 2020, staff presented City Council with an amendment to the Public Art Policy, reflecting the values of sustainability, inclusivity and diversity and incorporating policies that public art. • On second page: • Remove strike out of Introduction section • The City is driven to encourage Public Art that respects our past and embraces the future; supporting all members and facets of the community and pursuit of sustainability , diversity, and inclusivity. The City of San Luis Obispo strives to incorporate these values into public spaces through the proliferation of public art. • The City may accept a piece of art on a case by case basis. It's encouraged to also provide a financing plan for both construction and maintenance. San Luis Obi spo City Council Minutes of January 21, 2020 Page 7 COUNCIL COMMUNICATIONS AND LIAISON REPORTS No Council communication or liaison reports. ADJOURNMENT The meeting was adjourned at 9:55 p.m. The next Regular City Council Meeting is scheduled for Tuesday, February 4, 2020 at 5:00 p.m. and 6:00 p.m., respectively, in the Council Hearing Room and Council Chambers, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 02/18/2020 Teresa Purrington City Clerk