HomeMy WebLinkAbout03-17-2020 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