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Home My WebLink About03-17-2020 City Council Minutes CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, March 17, 2020 at 6:04 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 (teleconferencing), 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 stated that the Council meet in closed session to discuss two items: 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: Two. Council Member Pease recused herself due to a prior complaint that is pending FPPC review. There was no reportable action. B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Bonnie Kessner et al v. City of Santa Clara et al; Santa Clara Superior Court Case No. 20CV364054 On a motion by Council Member Pease and second Council Member Stewart on a vote of 5-0 the Council authorized staff to defend matter once serviced and authorized the City Manager to appropriate funds as needed. San Luis Obispo City Council Minutes of March 17, 2020 Page 2 SPECIAL EMERGENCY MEETING – PUBLIC HEARING B1. CONSIDERATION OF DECLARING A LOCAL EMERGENCY WITHIN THE CITY OF SAN LUIS OBISPO City Manager Derek Johnson provided an in-depth staff report and responded to Council questions. Public Comments: Kelly Green ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: a. Adopt Resolution No. 11099 (2020 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, proclaiming a local emergency within the City of San Luis Obispo related to the pandemic of virus known as COVID-19; affirming the Proclamation of the Emergency Services Director related to Alcohol Serving Businesses on Saint Patrick’s Day; and, Acting concurrently in its capacity as the City of San Luis Obispo Disaster Council, approving the Pandemic Annex of the City’s Emergency Operations Plan.” b. Discuss and provide direction on actions related to Federal, State and County orders related to the pandemic of virus known as COVID-19. With the following additions: WHEREAS, the economic impacts of restrictions imposed and implemented by employers for the prevention of spread of COVID-19 are likely to result in economic hardship on residential and commercial renters in California, making eviction for inability to pay rent more likely and potentially resulting in increased levels of housing insecurity, homelessness and business failures likely to exacerbate the impacts of the COVID -19 pandemic; SECTION 6. The City hereby adopts all limitations on eviction authorized by, and subject to limitations set forth in, Executive Order N-28-20, (attached hereto as Exhibit C) in order to provide eviction protections authorized therein to the residents of the City; such restrictions shall be in place until May 31, 2020 or such other time as may hereafter be specified by the City Council. APPOINTMENTS 2. 2020 APPOINTMENTS TO CITY ADVISORY BODIES Deputy City Clerk Kevin Christian presented the contents of the report. Public Comment: None ---End of Public Comments--- San Luis Obispo City Council Minutes of March 17, 2020 Page 3 ACTION: MOTION BY VICE MAYOR GOMEZ, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 to approve make appointments to the City of San Luis Obispo's Advisory Bodies as set forth in the staff report and direct the City Clerk to continue to recruit for any unfilled vacant positions. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jeffrey Specht Samuel Park Don Hedrick Nick Regalia Drew Littlejohns ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY VICE MAYOR GOMEZ, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 12. 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 - MARCH 3, 2020 CITY COUNCIL MEETING CARRIED 5-0, to approve the minutes of the City Council meeting held on March 3, 2020. 4. ADDITION OF THE PROPERTY AT 858 TORO STREET TO THE MASTER LIST OF HISTORIC RESOURCES AS “THE VIRGINIA LEVERING LATIMER HOUSE” CARRIED 5-0, to adopt Resolution No. 11093 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property located at 858 Toro Street to the Master List of Historic Resources as “The Virginia Levering Latimer House” (HIST-0701-2019).” 5. AUTHORIZATION TO ADVERTISE ROADWAY SEALING PROJECT 2020, SPECIFICATION NO. 1000114 CARRIED 5-0, to 1. Adopt Resolution No. 11094 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the Bicycle Transportation Plan (Amended 2019) to update the alignment of the Beach/King Neighborhood Bicycle Boulevard;” and 2. Approve the project plans and specifications for the Annual Slurry Sealing Project 2020, Specification No. 1000114; and 3. Authorize staff to advertise for bids and authorize the City Manager to award the construction contract if the lowest responsible bid is within the Engineer’s Estimate of $1,822,000. San Luis Obispo City Council Minutes of March 17, 2020 Page 4 6. REQUEST TO ADVERTISE FOR BROAD STREET/WOODBRIDGE PEDESTRIAN HYBRID BEACON, SPECIFICATION NUMBER 91609 CARRIED 5-0, to 1. Approve plans and specifications for the Broad Street/Woodbridge Pedestrian Hybrid Beacon (PHB), Specification No. 91609; and 2. Authorize staff to formally advertise for bids; and 3. Authorize the City Manager to award the construction contract if the lowest responsible bid is within the publicly disclosed funding amount of $406,436. 7. AUTHORIZATION TO ADVERTISE AND AWARD RAILROAD SAFETY TRAIL TAFT TO PEPPER PROJECT, SPECIFICATION NO. 91375 CARRIED 5-0, to 1. Approve plans and specifications for the Railroad Safety Trail Taft to Pepper Project (Project), Specification No. 91375, and authorize staff to formally advertise for bids; and 2. Authorize the City Manager to award the construction contract if the lowest responsible bid is within the publicly disclosed funding amount of $5,070,600; and 3. Authorize the City Manager to award the construction management contract if the lowest responsible bid is within the publicly disclosed funding amount of $603,750; and 4. Authorize the City Manager to award the railroad services contracts for flagging and permitting, not to exceed the publicly disclosed funding amount of $110,000. 8. AWARD OF ISLAY HILL PARK PLAYGROUND RENOVATION, SPECIFICATION NO. 91654 CARRIED 5-0, to 1. Adopt Resolution No. 11095 (2020 Series) entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving an Amendment to the Islay Hill Park Playground Renovation Project and related budgetary appropriations;” and 2. Award a construction contract to R.E. Schultz Construction, Inc. in the amount of $334,705 for the Islay Hill Park Playground Renovation Project; and 3. Appropriate $38,521 from the Local Revenue Measure Fund balance to the project account and approve a budget transfer of $500,000 from the Playground Equipment Annual Asset Maintenance account to the project account. 9. AWARD CONTRACT FOR THE MARSH STREET BRIDGE REPLACEMENT, SPECIFICATION NO. 90480 CARRIED 5-0, to 1. Award a contract to Souza Construction Inc. in the amount of $4,335,572 for the “Marsh Street Bridge Replacement, Specification No. 90480;” and 2. Authorize the City Manager to issue construction contract change orders in excess of $100,000 if within available budget; and 3. Authorize the City Manager to amend the Construction Management Services Agreement in excess of $50,000 if within available budget. San Luis Obispo City Council Minutes of March 17, 2020 Page 5 10. DISINFECTION BYPRODUCT REDUCTION AND PIPE GALLERY IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000044, CONSTRUCTION CONTINGENCY CARRIED 5-0, to approve Resolution No. 11096 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Water Fund Unreserved Working Capital to increase Construction Contingencies for the Disinfection Byproduct Reduction and Water Treatment Plant Pipe Gallery Improvements Project, Specification No. 1000044.” 11. DEPARTMENT OF JUSTICE LIVESCAN ACCESS FOR EMPLOYMENT PURPOSES CARRIED 5-0, to adopt Resolution No. 11097 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Human Resource’s staff to access State and Federal level summary Criminal History for Employee Background Information through the Department of Justice.” 12. AUTHORIZE A PROPOSITION 64 PUBLIC HEALTH & SAFETY GRANT APPLICATION FOR NON-COMPLIANT CANNABIS DELIVERY ENFORCEMENT CARRIED 5-0, to adopt Resolution No. 11098 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing submittal of the City’s Cannabis Mobile Delivery Enforcement Proposal for the Proposition 64 Public Health & Safety Grant administered by the Board of State and Community Corrections;” and authorize the City Manager, or their designee, to execute any required grant administration related documentation. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 13. REGIONAL INFRASTRUCTURE AND AFFORDABLE HOUSING STRATEGIC ACTION PLAN COUNTYWIDE COMPACT City Manager Derek Johnson provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 to adopt Resolution No. 11100 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, endorsing and authorizing the mayor or designee to sign the San Luis Obispo Countywide Regional Compact. RECESS Council recessed at 7:15 p.m. and reconvened at 7:22 p.m., with all Council Members present. San Luis Obispo City Council Minutes of March 17, 2020 Page 6 14. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT, SINGLE AUDIT REPORT, AND ANNUAL AUDIT OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR 2018-19 Finance Director Brigitte Elke, Accounting Manager Debbie Malicoat and Ahmed M. Badawi, Badawi & Associates provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL VICE MAYOR GOMEZ, CARRIED 5-0 to review and accept the Comprehensive Annual Financial Report for Fiscal Year 2018-19. 15. AUTHORIZE THE USE OF FY2018-19 UNDESIGNATED FUND BALANCE FOR ONE-TIME BUDGET ALLOCATIONS AND FORMALLY ADOPT THE FEDERAL EMERGENCY AND FEDERAL GRANT PROCUREMENT PROCEDURES City Manager Derek Johnson, Finance Director Brigitte Elke and Principal Budget Analyst Natalie Harnett provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL VICE MAYOR GOMEZ, CARRIED 5-0 to: 1. Approve Resolution No. 11101 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving amendments to the 2019-20 budget allocation for the General, Water, Sewer, Parking, Transit and Public Art Funds” authorizing the City Manager to utilize $6,185,574 in unassigned FY2018-19 fund balance for the purposes as listed in Section 1; and 2. Approve one-time funding allocations for the Enterprise funds and Public Art Fund; and 3. Approve one full-time equivalent (FTE) position in support of the reorganization of Community Service departments; and 4. Review recommended changes to the Capital Improvement Plan. 5. Approve Resolution No. 11102 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the Federal Emergency and Federal Grant Procurement Procedures” formally adopting the federal emergency and federal grant procurement procedures in place since February 1, 2019. San Luis Obispo City Council Minutes of March 17, 2020 Page 7 16. REVIEW OF THE PROPOSED “EAST AIRPORT” ANNEXATION OF APPROXIMATELY 58 ACRES OF PROPERTY (33 PARCELS) ALONG BROAD STREET AT FARM HOUSE LANE, KENDALL ROAD, PROSPECT STREET AND ASSOCIATED INFRASTRUCTURE IMPROVEMENTS, INCLUDING APPROVAL OF A PLAN FOR SERVICES, PRE-ANNEXATION AGREEMENT, AND APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) REGARDING THE PROPOSED ANNEXATION, AND ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (SCH#2000051062) (PL-ANNX- 2030-2018; EID-0006-2020) Community Development Director Michael Codron and Special Projects Manager Teresa McClish provided brief staff report and responded to Council questions. Public Comments: Carol Florence ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER STEWART, SECOND BY VICE CHAIR GOMEZ, CARRIED 5-0 to: 1. Adopt Resolution No. 11103 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the annexation of the East Airport Annexation Area properties (East Airport Commerce Park Association, Senn-Glick) to the City of San Luis Obispo (PL-ANNX-2030-2018, EID-0006-2020).” 2. Introduce Ordinance No. 1681 (2020 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, adopting amendments to Chapter 17.94 of Title 17 (Zoning Ordinance) establishing provisions for the continuance of Non-Conforming Uses existing at the time of annexation within the East Airport Area (PL-ANNX-2030- 2018, EID-0006-2020). 17. MEMORANDUM OF UNDERSTANDING WITH CAL POLY REGARDING IMPLEMENTATION OF MITIGATION MEASURES IDENTIFIED IN THE CAL POLY MASTER PLAN ENVIRONMENTAL IMPACT REPORT Council Member Stewart indicated she would be recusing herself due to her employment with Cal Poly. Council Member Stewart left the meeting at 8:40 P.M. Community Development Director Michael Codron provided an in-depth staff report and responded to Council questions. Public Comments: Jeff Armstrong ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER STEWART, SECOND BY VICE MAYOR GOMEZ, CARRIED 4-0-1 (Council Member Stewart recused) to authorize the City Manager to execute the proposed memorandum of understanding with Cal Poly to ensure that impacts on City services and infrastructure associated with build-out of the Master Plan are properly identified and mitigated San Luis Obispo City Council Minutes of March 17, 2020 Page 8 COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Member Pease indicated she attended the Local Government Commission in Yosemite. ADJOURNMENT The meeting was adjourned at 9:08 p.m. to a continued meeting of the Disaster Council on Friday, March 20, 2020 at 11:00 AM. The next Regular City Council Meeting is scheduled for Tuesday, April 7, 2020 at 5:30 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: 04/07/2020