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Home My WebLink About07-07-2020 Agenda - Amended Tuesday, July 7, 2020 *Agenda amended to add a Closed Session and Item A shown below* San Luis Obispo Page 1 Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be holding all public meetings via teleconference. There will be no physical location for the Public to view the meeting. Below are instructions on how to view the meeting remotely and how to leave public comment. Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate in the meeting to the same extent as if they were present. Using the most rapid means of communication available at this time, members of the public are encouraged to participate in Council meetings in the following ways: 1. Remote Viewing - Members of the public who wish to watch the meeting can view: • View the Webinar (recommended for the best viewing quality): ➢ Registration URL: https://attendee.gotowebinar.com/register/2807914511263414799 ➢ Webinar ID: 254 -719 -147 ➢ Telephone Attendee: (415) 655-0052; Audio Access Code: 815-284-185 • Televised live on Charter Cable Channel 20 • View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city 2. Public Comment - The City Council will still be accepting public comment. Public comment can be submitted in the following ways: • Mail or Email Public Comment ➢ Received by 5:00 PM on the day of meeting - Can be submitted via email to emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401. All emails will be archived/distributed to councilmembers, however, submissions after 5:00 p.m. on the day of the meeting may not be archived/distributed until the following day. Emails will not be read aloud during the meeting. • Verbal Public Comment ➢ In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item number you are calling about and leave your comment. The verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the Council Members and saved as Agenda Correspondence. Voicemails will not be played during the meeting. ➢ During the meeting – Join the webinar (instructions above). Once the meeting has started, please put your name and the item # you would like to speak on in the questions box. During public comment for the item, your name will be called, and your mic will be unmuted. Contact the office of the City Clerk at cityclerk@slocity.org for more information. All comments submitted will be placed into the administrative record of the meeting. San Luis Obispo City Council/Disaster Council Agenda July 7, 2020 Page 2 5:30 PM AMENDED CLOSED SESSION TELECONFERENCE Not available via Webinar *Agenda amended to add a Closed Session meeting. CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez and Mayor Heidi Harmon PUBLIC COMMENT ON CLOSED SESSION ITEM How to provide public comment on this item only: • Dial in using your phone ➢ United States: +1 (646) 749-3122 ➢ Access Code: 811-134-493 Once public comment is over for this item, the meeting will be closed to the public. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Gregory Zocher v. City of San Luis Obispo; Derek J. Johnson, in his official capacity; and Monica Irons, in her official capacity; San Luis Obispo Superior Court Case No. 20CV-0298 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: 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: Notice of Intent to Commence Litigation was received from the group “San Luis Obispo Architectural Preservation” (SLAP) alleging violation of the California Environmental Quality Act, following the adoption of Resolution No. 11128 (2020 Series) by the City Council, which denied an appeal of the approval of Mixed-Use Project at 545 Higuera/486 Marsh. A copy of the Notice is on file with the City Clerk. ADJOURNMENT Adjourn to the Regular City Council Meeting scheduled for Tuesday, July 7, 2020 at 6:00 p.m. via teleconference. Tuesday, July 7, 2020 6:00 PM AMENDED REGULAR MEETING TELECONFERENCE Broadcasted via Webinar City Council / Disaster Council Agenda *Agenda amended to add Item A as shown in italics below. CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor Aaron Gomez and Mayor Heidi Harmon A. RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND AFFIRM, MODIFY OR REPEAL THE EMERGENCY SERVICES DIRECTOR PROCLAMATION DATED JULY 1, 2020 CLOSING BARS AND OTHER ONSALE ALCOHOL SERVING ESTABLISHMENTS OVER THE JULY 4, 2020 HOLIDAY WEEKEND AND LIMITING BAR OCCUPANCY AND OTHER ONSALE ALCOHOL ESTABLISHMENTS TO 25% UNTIL FURTHER ACTION (JOHNSON - 20 MINUTES) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, affirming actions of the Emergency Services Director.” APPOINTMENTS 1. ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED VACANCY ON THE PROMOTIONAL COORDINATING COMMITTEE (PURRINGTON / CHRISTIANSON) Recommendation: Confirm the appointment of Lori Lerian to the Promotional Coordinating Committee as recommended by the Council Liaison Subcommittees. San Luis Obispo City Council/Disaster Council Agenda July 7, 2020 Page 4 PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (Not to exceed 15 minutes total) The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items. CONSENT AGENDA Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation: Waive reading of all resolutions and ordinances as appropriate. 3. MINUTES REVIEW - JUNE 16, 2020 CITY COUNCIL MEETING (PURRINGTON) Recommendation: Approve the minutes of the City Council meeting held on June 16, 2020. 4. ADDITION OF THE PROPERTY AT 1789 SANTA BARBARA AVENUE TO THE MASTER LIST OF HISTORIC RESOURCES AS THE LOZELLE AND KATIE FLICKINGER GRAHAM HOUSE (CODRON / OETZELL) Recommendation: As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property located at 1789 Santa Barbara Avenue to the Master List of Historic Resources as “The Lozelle and Katie Flickinger Graham House” (HIST-0144-2020).” San Luis Obispo City Council/Disaster Council Agenda July 7, 2020 Page 5 5. SECOND READING OF ORDINANCE NO. 1684 AND 1685 (2020 SERIES) INTRODUCED BY THE CITY COUNCIL ON JUNE 16, 2020, TO ADD LOCAL AMENDMENTS TO THE ENERGY CODE IN TITLE 15 AND TO AMEND TITLE 17 TO PROVIDE LIMITED TERM REGULATORY FLEXIBILITY TO SUPPORT ALL-ELECTRIC NEW BUILDINGS (CODRON / HILL / READ) Recommendation: 1. Adopt Ordinance No. 1684 (2020 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, establishing the Clean Energy Choice Program by amending the City of San Luis Obispo Building Code to require higher energy performance for newly constructed structures” implementing an Energy Reach Code entitled “Local Amendments to Part 6 (Energy) of the 2019 California Building Code” adding Chapter 15.04.110, entitled “Amendments – California Energy Code”, to the Municipal Code; and 2. Adopt Ordinance No. 1685 (2020 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code supporting the Clean Energy Choice Program (PL-CODE-0062-2020)” implementing regulatory flexibility through December 31, 2022 in support of the Clean Energy Choice Incentive Program; and 3. Direct staff to submit the approved local amendments and accompanying required submittal forms and information to the California Energy Commission to initiate the local amendments to California Energy Code review and approval process. 6. REQUEST OF TRANSITIONS-MENTAL HEALTH ASSOCIATION TO REALLOCATE AFFORDABLE HOUSING FUNDS FROM BRANCH STREET APARTMENTS TO BISHOP STREET STUDIOS (CODRON / VERESCHAGIN) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the reallocation of Affordable Housing Funds to Transitions- Mental Health Association from Branch Street Apartments to Bishop Street Studios (in the amount of $20,644).” 7. ADOPT A RESOLUTION UPDATING THE CITY’S MASTER FEE SCHEDULE, THE CURRENT FEE FOR ENVIRONMENTAL IMPACT DETERMINATION, AND APPLY NEEDED CORRECTIONS TO ADOPTED FEES (CODRON / KALA) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting new fees and amending the 2020-21 Master Fee Schedule.” San Luis Obispo City Council/Disaster Council Agenda July 7, 2020 Page 6 8. CONSIDERATION OF REMOVAL OF ADVISORY BODY MEMBER (PURRINGTON) Recommendation: As recommended by the Council Subcommittee Liaison Members Christianson and Pease, approve the removal of James Papp from the Cultural Heritage Committee. PUBLIC HEARING AND BUSINESS ITEMS 9. AUTHORIZATION TO PURCHASE TWO ELECTRIC TRANSIT VEHICLES (HORN / ANGUIANO – 10 MINUTES) Recommendation: Approve the purchase of two electric buses for $1,744,259 using the California Department of Goods and Services Statewide Cooperative Purchasing Contract. 10. 2020-21 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS IMPROVEMENT DISTRICT & PROMOTIONAL COORDINATING COMMITTEE (HERMANN / CANO – 15 MINUTES) Recommendation: 1. Authorize the City Manager to enter into various contracts and program expenditures for the TBID not to exceed the 2020-21 program budget of $1,014,000 (excludes staffing costs) based on the recommendations by the TBID Board and the adopted TBID Fund revenue projections as part of the 2020-21 Budget Supplement; and 2. Authorize the City Manager to enter into contracts utilizing the TBID Fund un- appropriated fund balance from the 2019-20 fiscal year, following the completion of the City’s audited financial statements, for tourism marketing expenditures in 2020-21 based on the recommendations by the TBID Board; and 3. Authorize the City Manager to use the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2020-21 in accordance with the TBID reserve policy; and 4. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the 2020-21 program budget of $368,000 (excludes staffing costs) based on the recommendations by the PCC. San Luis Obispo City Council/Disaster Council Agenda July 7, 2020 Page 7 11. CONSIDERATION OF THE 2020-21 HUMAN RELATIONS COMMISSION GRANTS-IN-AID FUNDING RECOMMENDATIONS (CODRON / VERESCHAGIN – 15 MINUTES) Recommendation: 1. As recommended by the Human Relations Commission, approve the 2020-21 Grants-in- Aid funding allocations in the amount of $150,000; and 2. Authorize the Community Development Director to execute agreements with each grant recipient. 12. CREATION OF A DIVERSITY, EQUITY, AND INCLUSION TASK FORCE (JOHNSON / HARMON / STEWART – 30 MINUTES) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, creating the Task Force for Diversity, Equity and Inclusion and defining its term and charge.” 13. NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION (HERMANN / PURRINGTON – 10 MINUTES) Recommendation: Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, calling for the holding of a General Municipal Election to be held on Tuesday, November 3, 2020, for the election of certain Officers as required by the provisions of the Charter, adopting regulations for Candidate Statements, and requesting the Board Of Supervisors of the County Of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 3, 2020, pursuant to § 10403 of the Elections Code.” LIAISON REPORTS AND COMMUNICATIONS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) San Luis Obispo City Council/Disaster Council Agenda July 7, 2020 Page 8 ADJOURNMENT The next Closed Session and Regular City Council Meeting is scheduled for Tuesday, July 21, 2020 at 5:30 p.m. and 6:00 p.m., respectively, via teleconference. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100.