HomeMy WebLinkAbout07-07-2020 Agenda Packet - 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.
RECEIVED
JUL 0 7 2020
SLO CITY CLERK
1010 Marsh St., San L
(805) 546-8208 . F.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
1 am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Tinies, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
2-
in the year 2020.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, C ifornia, this
day_ 'Z of .2020.
Patricia Horton, New Times Legals
ORDINANCE NO. 1684 (2020 SERIES)
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
NOTICE IS HEREBY GIVEN that the CITY Ca11nl iI of the City of San
Luis Obispo, California, at its Regular Meumia of June 16, 2020,
introduced the above titled ordinance upon a motion by Mayor
Hermon, second by Vice Mayor Gomez, and on the following roll
call vote:
AYES: Council Member Christianson, Stewart, Vice Mayor -
Gomez and Mayor Harmon
RECUSED: Council Member Pease
UflR 011Ca No. IBM 120M Series] - The Ordinance amends Title
15 of the Citys Municipal Code, adding local amendments to
the California Energy Code for new buildings as part of a "Clean
Energy Choice" program to encourage that new buildings be all -
electric and that energy use in new buildings should not cause
net additional greenhouse gas emissions. The local amendments
to the California Energy Code include requiring solar panels on
new nonresidential buildings, requiring new buildings with natural
gas to be built to a subslandally higher pofforrnanco sfandard,
and requiring new regidonGal buildings with natural Unit to Irulude
'rotr0fif Toady" requiromonts. The Ordinance Includae findings drat
the amendments are "cost effective" and use less energy than the
standard state requirements. There are several exemptions in the
ordinance including natural gas use in commercial kitchens. The
ordm o nc a only applies to new buildings. It does not apply to existing
buildings with natural gas appliances even if that building is sold,
renovated or changes use.
ORDINANCE NO. IM (m2D SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CRY OF SAN
LUIS OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REOULKnONS) OF THE MUNICIPAL CODE SUPPORTING THE
CLEAN ENERGY CHOICE PR00RAM {PL•COOF-W12.2D201
NOTICE IS HERESY GIVEN drat tare City Council of Iho City of San
Euix Ohi,lrn, Colifornin, at its Regular Maoting of Juna 0, 2.020,
introducod the abavo ti0od ordinance upon a motion by Mayor
Harmer, second by face Mayor Oomaz, and on Iho following roll
call vole -
AYES: Council Member Christianson, Stewart, Vice Mayor
Gomez and Mayor Harmon
RECUSED: Council Member Pease
Ilstfinanertlyo. ]I385 f21Yt0.5gtig3} -The Ordinance amends Title 17
of the Cltys Municipal Code (Zoning Cade) to provide limited term
regulatory flexibility in support of all -electric new buildings- The
Ordinance amends Chapter 17.70 Silo Davotopmanl and Oonoral
Osvafapmoin Standards, and providing the Ouaclor of Community
Oavalapmant stahoritY to grant dnor ollowancos for cortam silo
development standards when there are no pre clical ways to design
a project to be all electric and no other faasi4{a alternatives will
result In boftar imptumoniatlon of Zoning Regirlatrons or Goparal
Plan policies while allowing ronsonoble uga cl silos- Thu regalntory
flexibility Wit he in affect for a limited Hme En order la address design
chaHan goo lint may arias during the Inldol transition pariud to all•
electric buildings and is propozod to fun from Septa mber 1, 202D to
December 31, 2022.
A full and complete copy of the aforementioned Ordinances will be
available for inspection as part of the puhlislled agenda packet for
the July 7, 2020 Council meeting, or you may call (805) 781-7100 for
more information.
NOTICE IS HEREBY GIVEN that the City Council of the City of San
Luis Obispo will consider adopting the aforementioned Ordinances
at its Regular Meeting of July 7,2020 at &-00p.m While the Council
errcouragos public trarlicipalion, growing cancarn about the
COVID-18 pandunric Iran required thal puftlic muefings be held via
loioconfarancn. Meetings eon he vtewnd on Oavrawrnant Access
Channel 20 or streamed live from do Cityle YouTube Channel ..r
hUp!/yeutube.slo.city. Public comment prior to the start of the
meeting, may be submitted in writing or by email to emailcouncil® J
docity.org.
Teresa Purrington,
nd�,��,�.: r,�=,��au•vrNtc Ad"dnr.,\rrNie on, a:;uusmessiwi,rI nm�,,:.��,",�r„r r„i, City Clerk
July 2, 2020
RECEIVED
.ILJL O 1 2020
_ _;iLO CITY CLERK
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 + FAX (805) 546-8641
PROOF OF PUBLICATION
(20 l5.5 C.C.P.)
STATE OF CALIFORNIA.
County of San Luis Obispo ,
1 am a citizen of the United States and a
resident of the co unty aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. lam the principal
clerk of th e printer of the New Times. a
news paper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993 , Case number
C\/72789: that notice of which the annexed
is a printed copy (set in type not smaller th a n
nonpareil), has been published in each regular
a nd entire issu e of said new spaper and not in
any supplement the reof on the following dates,
to-wit:
in the year 2020.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this
day z..5 of 'JvN.... , 2020 .
~II~
Patricia Horton, New Times Legals
,\dm111 & l'c1~umil/•N1'~1(i A1!n1infN '1'MG Olluc/HUSINESS1T'Uh lic Not1u:.'>/Prool ol Pull
Proof of Publication of
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all intere sted persons
10 port1C!pnt11111 a pabllc rrioo411i1 on Tu.all<fay, July 7, 2020, nt
6:00 p .m . Wh1la the Council oncx:it1nt00$ public ?ftf'IIC!?ation.
giowmg c.oncern obc>t.n tho COVID·IO piBll,o,icllM ~ulred
ti t publ,o n18111111gs bo hold vm t0loqonfo1<!!1to Maet!nu• '"'"
be vlowod bn Govommont Ao<:<1ss Qh~nn 120 or strosmlid
live from the City's YouTube Channel at http://youtube.
o.clty. Pub lic commenl, puor lo the start o! tho fl"'Obl'!l 1
maybe submitted in writing viD U.S. Mail delivorOd to the Coty
Ckuk' olf.:e at 990 Palm Stroot, San Luis Obn;pa, CA 93401
or by email to emailcouncil@slocity.org.
Public Hearing Item:
• As recommended by the Cultural Heritage Committee,
adopt a Resolution designating the p•l:Jpel'1Y l 1789 Santa
Barbara Avenue as a Master List R05btJrco in the City's
Inven tory of Historic fleso!IICOS; Consideration of eligibility
for historic listing is ox mpl from the provisions of the
California Environmental Quality Act (CEOAJ under the
general rule described in CEQA Guidelines § 15061 (bl 131.
as it is does not have the potential for causing a significant
effect on the environment .
Fo r more information, contact Walter Oetzel/, Assistant
Planner, in the CityS Community Development Department at
(805) 781·7893 or by email,
woetzell@s/ocity.org
The City Council may also discuss other hearings or business
items before or after the items listed above If you challenge
the prOl)!l$lld ploje<ll n ooun. yc,u ITIIIY bo lin,,1od to ro,slng
Cll)tv \11058 \S$1Jl)S yo11 C!l $011'1001'8 ul,e ra!Sod al lho pt,blla
~flilll~O de~ jo !his no* • or In w111t n IXJ/rospondenro
dofivarod 10 lho Chy Cou!lcil Bt. OI poor \o, tho pUlillc hi!OlfflO,
Ropons for this mealing will be available for review online al
I/WVYl,~11y.org no later than 72 hours prior to the meeting.
Please call the City Clerk's Office at (805) 781-7100 for more
information The City Council meeting will be televised live on
Charter Cable Channel 20 and live streaming on www.slocity.
org.
Teresa Purrington
City Clerk
City of San Luis Obispo
June 25, 2020
City of San Luis Obispo, Council Memorandum
Council Agenda Correspondence
Date: July 2, 2020
TO: Mayor and Council
FROM: Derek Johnson, City Manager / Emergency Services Director
SUBJECT: Item A - Receive an Update from the Emergency Services Director and Provide
COVID-19 Related Direction Based on Current Status
Section 2.24.060 of the Municipal Code empowers the Emergency Services Director, in the event
of the proclamation of a "local emergency" to make and issue rules and regulations on matters
reasonably related to the protection of life and property as affected by such emergency. On July 1,
2020, City Manager acting as the Emergency Services Director, issued an emergency proclamation
to take additional action to protect the community in response to the rapidly rising cases of
COVID-19 in city, county and the surrounding counties by placing temporary restrictions on bars
throughout the city.
Effective 10:00 p.m. on Thursday, July 2 through Monday, July 6, all bars, pubs, breweries, wine
tasting venues, and other on-sale alcohol establishments in the City of San Luis Obispo must close
temporarily. On Monday, all these establishments can reopen at 25 percent occupancy and must
follow all State and County health and safety measures. Restaurants are exempt and an
interpretation was made to allow wineries to operate if patrons were served outside.
Attached, please find a Resolution for the City Council’s consideration to affirm the actions of the
Emergency Services Director related to the closure of alcohol establishments.
Item A
R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AFFIRMING ACTIONS OF THE EMERGENCY
SERVICES DIRECTOR
WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services
Director, in the event of the proclamation of a "local emergency" as provided in this subsection,
the proclamation of a " state of emergency" by the Governor or the Director of the California
Emergency Management Agency, a " federal declaration of emergency" or the existence of a "state
of war emergency," to make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time by the City Council; and
WHEREAS, section 2.24.020 of the Municipal Code includes an epidemic as one of the
proper grounds for proclaiming a local emergency; and
WHEREAS, the President of the United States has declared a State of National
Emergency; the Governor of the State of California has proclaimed a State of Emergency for the
State of California and issued Executive Orders and direction regarding measures to mitigate the
spread of cases of COVID-19 within the State of California; the San Luis Obispo County
Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County
Public Health Director has declared a public health emergency related the spread of cases of
COVID-19 within the State of California and all recitals set forth therein, are included as though
fully set forth herein; and
WHEREAS, the pandemic COVID-19 continues to spread rapidly worldwide and in the
U.S., continuing to present an immediate and significant risk to public health and safety, and
resulting in serious illness or death to vulnerable populations, including the elderly and those with
underlying health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness have
been necessitated in preparation for and response to confirmed cases of COVID-19 in the County
of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice and
approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and
to mitigate against the spread of COVID- 19 and its resulting public health and safety impacts; and
WHEREAS, in the absence of such actions, County wide health services may become
overwhelmed and unable to keep up with medical demand for care and availability of hospital or
care facility capacity.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
Item A
Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 1. All recitals set forth above, and all recitals included in support of Federal,
State and County actions referenced herein, are adopted as though fully set forth herein as findings
in support of this Resolution.
SECTION 2. A local emergency continues to exist throughout the City, and the City has
been undertaking, and will continue through cessation of this emergency to undertake, necessary
measures and incur necessary costs, which are directly related to the prevention of the spread of
the COVID- 19 Virus and are taken in furtherance of: the Secretary of Health and Human Services
Secretary’ s determination that a public health emergency has existed since January 27, 2020; City
Council’ s Proclamation of Local Emergency on March 17, 2020; the Governor’ s Proclamati on
of a State of Emergency on March 4, 2020; the President of the United States’ Declaration of a
National Emergency on March 13, 2020; the County Emergency Services Director’ s Proclamation
of Local Emergency and the County Public Health Director’s Declaration of a Public Health
Emergency on March 13, 2020, and related orders and directions.
SECTION 3. During the existence of said local emergency, the powers, functions, and
duties of the Emergency Services Director and the Emergency Organization of this C ity shall be
those prescribed by state law, ordinances, and resolutions of this City and by the City of San Luis
Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures, timelines
or methods of action and the Emergency Services Director is expressly authorized to take any and
all actions in furtherance of emergency powers to address the local emergency.
SECTION 4. The City Council hereby affirms the City of San Luis Obispo Emergency
Services Director’s Proclamation No. 3, issued July 1, 2020 (Attached hereto as Ex. A), related to
the closure of alcohol establishments
SECTION 5. The proclamation of local emergency shall be deemed to continue to exist
until it is terminated by the City Council of the City of San Luis Obispo pursuant to a resolution
adopted by the City Council of the City San Luis Obispo.
Item A
Resolution No. _____ (2020 Series) Page 3
R ______
SECTION 6. A copy of this Resolution shall be posted on all outside public access doors
of City Hall of the City of San Luis Obispo and in one public place within any area of the City
within which this Resolution applies and personnel of the City of San Luis Obispo shall endeavor
to make copies of this order and regulation available to the news media.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
____________________________________
Teresa Purrington
City Clerk
Item A
Department Name: Administration
Cost Center: 1021
For Agenda of: July 7, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
Kevin Christian, Deputy City Clerk
SUBJECT: ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED VACANCY
ON THE PROMOTIONAL COORDINATING COMMITTEE
RECOMMENDATION
Confirm the appointment of Lori Lerian to the Promotional Coordinating Committee as
recommended by the Council Liaison Subcommittees.
DISCUSSION
Annual appointments to the various City Advisory Body Committees were made at the March
17, 2020 City Council meeting. The process for those appointments included recruitment by the
City Clerk’s office, interviews and recommendations by the various Council sub-committees,
and final confirmation of recommendations by the full Council. Applications of candidates not
selected for appointment are held for one year per the Advisory Body Handbook, for use in
appointments for unscheduled vacancies.
After two years of service, Melissa Godsey resigned from the committee as she moved out of the
City and is therefore no longer eligible to be a member, thus creating an unscheduled vacancy.
Based on application information and interview performance during the annual recruitment
period, the Council Liaison Subcommittee recommends the appointment of Lori Lerian, effective
immediately, to the remainder of the vacated term, expiring March 31, 2022.
Policy Context
The Advisory Body Handbook, last adopted by City Council in February 2018, outlines the
recruitment procedures, membership requirements, and term limits. Also contained in the
Advisory Body Handbook are the bylaws for all advisory bodies, some of which include
additional membership requirements. Additionally, the City Council Policies and Procedures
Manual, last adopted in August 2019, describes the “Appointment Procedure” and “Process” for
Advisory Body appointments. Recruitment and appointment recommendations were performed
in conformance with all recruitment procedures, processes, and bylaws found in these resources.
Public Engagement
Notification of the unscheduled vacancy for the Promotional Coordinating Committee was
posted on May 11, 2020 as required by the “Maddy Act” (GC 54972, Local Appointments List).
Item 1
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CONCURRENCE
The Council Liaison Subcommittee concurs with the recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended actions in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: FY 2019-20
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact for appointment of Advisory Body members.
ALTERNATIVES
Council could recommend an alternate candidate from the recruitment process conducted earlier
this year for the Promotional Coordinating Committee, or direct staff to re-open recruitment for
additional candidates.
AVAILABLE FOR REVIEW
All Promotional Coordinating Committee applications from the recruitment process are available
for public review by request in the Office of the City Clerk during normal business hours: (805)
781-7100 or cityclerk@slocity.org.
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Tuesday June 16, 2020
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday June 16,
2020 at 6:07 p.m. by Mayor Harmon, with all Council Members teleconferencing.
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.
PRESENTATIONS
1. JUNETEENTH PROCLAMATION
Mayor Harmon presented a Proclamation declaring June 19, 2020 to be “Juneteenth” to
Xavier Moore.
2. MONTEREY COMMUNITY POWER PRESENTATION
J.R. Killigrew, Director of Communication & Energy Programs, provided a presentation on
Monterey Community Power.
A. POLICE DEPARTMENT PRESENTATION REGARDING 8 CAN’T WAIT AND
COMMUNITY REQUEST FOR INFORMATION
Police Chief Deanna Cantrell who will provide a presentation.
Public Comments:
Barry Price
Donna Hare Price
Courtney Haile
Marshall James
Tara Clapham
Hannah Butler
---End of Public Comment---
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San Luis Obispo City Council Minutes of June 16, 2020 Page 2
RECESS
Council recessed at 8:11 p.m. and reconvened at8:25 p.m., with all Council Members present.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Kylie Clark
Rob Moore
Cristina Pires
Laura Weise
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCILMEMBER CHRISTIANSON SECOND BY COUNCIL
MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 1 thru 10.
Public Comments:
Item B – Leola Dublin MacMillan
Item B – Tricia Hamachi
Item C – Jim Gardiner
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 - MAY 22, 2020 SPECIAL CITY COUNCIL / DISASTER
COUNCIL MEETING AND JUNE 2, 2020 COUNCIL MEETING (PURRINGTON)
CARRIED 5-0, to approve the minutes of the City Council meetings held on May 22, 2020
and June 2, 2020.
5. BIENNIAL REVIEW THE CITY’S CONFLICT OF INTEREST CODE
(PURRINGTON)
CARRIED 5-0, to direct the review of the City’s Conflict of Interest Code and the filing of a
Biennial Notice with the City Clerk regarding such review, as required by the Political Reform
Act.
6. AUTHORIZATION TO TRANSITION TO ELECTRONIC SIGNATURES FOR
DOCUMENTS (PURRINGTON)
CARRIED 5-0, to adopt Resolution No. 11129 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, adopting a citywide policy regarding
Electronic Signature use” authorizing, but not mandating, the use of electronically sign ed
documents (e-signature) in place of hand-written signatures whenever a signature is required,
provided it is in accordance with the Uniform Electronic Transaction Act (UETA).
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San Luis Obispo City Council Minutes of June 16, 2020 Page 3
7. EXECUTE AND DELIVER AN INSTALLMENT SALE AGREEMENT WITH
CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK
(FLOYD / THOMPSON)
CARRIED 5-0, to adopt Resolution No. 11130 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, authorizing the execution and
delivery of an Installment Sale Agreement, between the City and California Infrastructure and
Economic Development Bank, for financing the Water Energy Efficiency Project and taking
related actions.”
8. AVTEC DISPATCH RADIO CONSOLE SUPPORT CONTRACT RENEWAL
(HERMANN / GUARDADO / WILWAND)
CARRIED 5-0, to approve the renewal of a five-year contract to Avtec LLC. with annual
payments of $23,851 for maintenance and support totaling $119,256 to maintain the City’s
public safety radio dispatching console system.
9. TOLLING AND ONE-YEAR EXTENSION OF ALL CITY DISCRETIONARY
APPROVALS DUE TO THE COVID-19 PANDEMIC EMERGENCY
(CODRON)
CARRIED 5-0, to adopt Resolution No. 11131 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, proclaiming the continuing existence
of a Local Emergency regarding the COVID-19 Pandemic and extending the life of
Discretionary Approvals, Building Permit Applications and Cannabis Operator Permits to
mitigate economic impacts and aid in economic recovery.”
10. PUBLIC SAFETY TAIT RADIO SYSTEM MAINTENANCE AND SUPPORT
CONTRACT (HERMANN / GUARDADO / WILWAND)
CARRIED 5-0, to approve a five-year contract with Tait Communications for the
maintenance and support of the Public Safety radio system in the amount of $25,831 paid
annually for a total of $129,155.
B. RESOLUTION RECOMMENDING PUBLIC HEALTH OFFICIALS DECLARE
RACISM A PUBLIC HEALTH EMERGENCY (JOHNSON)
CARRIED 5-0, to adopt Resolution No. 11132 (2020 Series) entitled “A Resolution of the
City of San Luis Obispo, California, affirming the Racism is a Public Health crisis and
recommending the Public Health Officials declare Racism a Public Health Emergency.”
C. JOINT STATEMENT REGARDING RECENT EVENTS FROM
COUNCILMEMBERS PEASE AND STEWART (PEASE / STEWART)
CARRIED 5-0, to receive and file a joint Council statement prepared by Councilmembers
Andy Pease and Erica A. Stewart regarding recent tragic events, the community’s response,
and intentions to address past and current systemic racism.
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San Luis Obispo City Council Minutes of June 16, 2020 Page 4
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
11. CONSIDERATION OF A RESOLUTION ESTABLISHING A POLICY FOR CLEAN
ENERGY CHOICE FOR NEW BUILDINGS AND IMPLEMENTATION MEASURES
INCLUDING AN ORDINANCE APPROVING LOCAL AMENDMENTS TO THE
ENERGY CODE AND AN ORDINANCE ESTABLISHING REGULATORY
FLEXIBILITY FOR A LIMITED TERM TO SUPPORT ALL-ELECTRIC NEW
BUILDINGS
Council Member Pease recused herself from the item due a pending review of an action taken
in September 2019 regarding the Clean Energy Choice item by the FPPC. Council Member
Pease muted her mic and turned off her camera at 9:03 PM.
Community Development Director Michael Codron and Sustainability Manager Chris Read
provided an in-depth staff report and responded to Council questions.
Public Comments:
Tim Mahoney
Jill ZamEk
Justin Bradshaw
Ben Oakley
Molly Kern
Ellen Morrison
Lindy Hatcher
June Cochran
Fred Fink
Tricia Hamachai
Quinn Brady
---End of Public Comment---
ACTION: MOTION BY MAYOR HARMON, SECOND BY VICE MAYOR GOMEZ,
CARRIED 4-0-1 (COUNCIL MEMBER PEASE RECUSED) to:
1. Adopt Resolution No. 11133 (2020 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, establishing a “Clean Energy Choice Policy for
New Buildings” to guide the reduction of Greenhouse Gas Emissions and use of Fossil
Fuels for buildings and transportation;” and
2. Introduce an Ordinance 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;” and
3. Introduce an Ordinance 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)” to provide
regulatory flexibility through December 31, 2022 in support of the Clean Energy Choice
Incentive Program; and
4. Direct staff to return to Council in June 2021 with a summary of program performance and
the Carbon Offset Program for deliberation and action.
Council Member Pease rejoined the webinar at 9:53 PM.
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12. REVIEW OF A PROTEST (FILED BY MR. WILLIAM WALTER) FOR PAYMENT
OF ENCROACHMENT PERMIT FEES AND FOR A CONDITION OF APPROVAL
REQUIRING THE INSTALLATION OF A DECORATIVE PEDESTRIAN
LIGHTING FIXTURE
Council Member Pease and Vice Mayor Gomez indicated they would have to recuse
themselves due a conflict of interest due to the location of their businesses to the property.
Council Member Pease and Vice Mayor Gomez turned off their mics and camera at 9:54 PM.
Council Members Christianson, Stewart and Mayor Harmon reported having no Ex Parte
Communications.
Community Development Director Michael Codron and Senior Civil Engineer Daniel Van
Beveren provided an in-depth staff report and responded to Council questions.
Public Comments:
William Walter
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER STEWART, CARRIED 3-0-2 (COUNCIL MEMBER PEASE AND
VICE MAYOR GOMEZ RECUSED) to Adopt Resolution No. 11134 (2020 Series) entitled,
“A Resolution of the City Council of the City of San Luis Obispo, California, denying a protest
of payment of Permit Fees for Encroachment Permit ENCR-0780-2020, and denying a protest
of a condition of approval requiring the installation of a decorative pedestrian lighting fixture
as required by ARCH-1236-2017 with the changes in the staff agenda correspondence.
Council Member Pease and Vice Mayor Gomez returned to the meeting at 10:35 PM.
13. CEQA TRANSPORTATION IMPACT THRESHOLDS UPDATE: TRANSITION
FROM AUTO LEVEL OF SERVICE TO VEHICLE MILES TRAVELED
Public Works Director Matt Horn and Transportation Manager Luke Schwartz provided an
in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 5-0 to
1. Adopt Resolution No. 11135 (2020 Series) entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, adopting revised thresholds of significance for
analysis of transportation impacts under the California Environmental Quality Act
pursuant to Senate Bill 743” to replace Level of Service (LOS) with Vehicle Miles
Traveled (VMT) as the City’s performance measure for CEQA analysis of transportation
impacts; and
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2. Adopt Resolution No. 11136 (2020 Series) entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, approving revised Multimodal Transportation
Impact Study Guidelines.”
14. AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO AGREEMENTS
WITH THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
FOR WATER AND WASTEWATER SERVICE TO CALIFORNIA STATE
UNIVERSITY, SAN LUIS OBISPO
Utilities Director Aaron Floyd and Utilities Project Manager Jennifer Metz 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 VICE MAYOR
GOMEZ, CARRIED 5-0 to Adopt Resolution No. 11137 (2020 Series) entitled, “A Resolution
of the City Council of the City of San Luis Obispo, Calif ornia, authorizing the City Manager
to enter into agreements with the Board of Trustees of the California State University for water
and wastewater service to California State University, San Luis Obispo.”
ADJOURNMENT
The meeting was adjourned at 10:42 p.m. The next Regular City Council Meeting is scheduled
for Tuesday, July 7 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo,
California.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2020
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Department Name: Community Development
Cost Center: 4003
For Agenda of: July 7, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Walter Oetzell, Assistant Planner
SUBJECT: ADDITION OF A PROPERTY AT 1789 SANTA BARBARA AVENUE TO
THE MASTER LIST OF HISTORIC RESOURCES AS THE LOZELLE AND
KATIE FLICKINGER GRAHAM HOUSE
RECOMMENDATION
As recommended by the Cultural Heritage Committee, adopt a Resolution (Attachment A)
adding the property at 1789 Santa Barbara Avenue to the Master List of Historic Resources as
“The Lozelle and Katie Flickinger Graham House."
DISCUSSION
Background
Michael and Paden Hughes, represented by James Papp of Historicities, LLC, have requested
that the property at 1789 Santa Barbara Avenue be designated as a Master List Resource in the
City’s Inventory of Historic Resources, as The Lozelle and Katie Flickinger Graham House . The
property is currently designated as a Contributing List Resource and is located within the
Railroad Historic District.
Previous Advisory Body Action
On May 18, 2020, the Cultural Heritage Committee considered this request and found that the
property meets eligibility criteria for historical listing to a degree that qualifies it for designation
as a Master List Resource and recommended that the City Council designate the property as such
in the City’s Inventory of Historic Resources.
Site and Setting
The property is at the northwest corner of Church Street and Santa Barbara Avenue, within the
Railroad Historic District. Development in the District corresponded to the development of the
Southern Pacific Railroad yard, accommodating railway workers, freight and passengers, and
employees of Southern Pacific and related businesses. Surviving historic structures date from
1894 to 1945, corresponding with the peak activity of the rail yard and the district’s period of
significance, with most constructed before 1920.
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The property is developed with a single-family dwelling (see Figure 2), built in the late 19th
Century. In 1988, the property was designated as a Contributing Resource in the City’s Historic
Resources Survey (Resolution No. 6424). The applicants have provided an evaluation of the
property and its eligibility for historic listing prepared by James P app of Historicities, LLC
(Attachment B).
Building Architecture
The dwelling is of an Italianate style,
and, being built in 1884, is among the
Railroad District’s oldest surviving
buildings. The City’s Historic Context
Statement describes the style as one
that began in England as part of the
Picturesque Movement, and in the
United States followed the informal
model of the simple Italian farmhouse,
adapted into an indigenous style. The
house’s design is not attributed to a
known architect and was likely built by
Lozelle Graham and his father, Dr.
William Graham. The architectural
characteristics of the building are more
fully discussed in the Historicities
Evaluation submitted with this application, and summarized in the Evaluation section of this
report, below.
Lozelle Graham and Katie Flickinger
The Historicities Evaluation outlines the history of the Graham and Flickinger Families. William
B. Graham was a physician who, in 1884, arrived in San Luis Obispo from Napa County, having
originated from Indiana. His son Lozelle F. “Charlie” Graham operated a “dry and fancy goods”
business in the City.
Joseph Henry Flickinger arrived in California in 1849, operated a meat market in San Jose,
among other endeavors around that time, and married Mary Smith (of New York), with twins
Katie and Charles born in California in 1857. In 1885, Katie Flickinger married L. F. Graham in
San Jose, and the two occupied the house in San Luis Obispo until they relocated back to San
Jose to work for the Pacific Orchard and Cannery, of which L.F. Graham became president. The
dwelling is associated with the City’s pre-railroad Late 19th Century Residential Development
and extends through the Early 20th Century period, through its continued use as a rental for
occupants associated with the Southern Pacific Railroad operations (Historicities Evaluation
pg. 5).
Figure 1: 1789 Santa Barbara Avenue
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Evaluation of Eligibility for Listing
To be eligible for listing as an historic or cultural resource, the resource must exhibit a high level
of historic integrity, be at least 50 years old, and meet one or more of the eligibility criteria
described in § 14.01.070 of the Historic Preservation Ordinance (see Attachment C). As provided
in § 14.01.050 of the Ordinance, the most unique and important resources and properties in terms
of age, architectural or historical significance, rarity, or association with important persons or
events in the City’s past may be designated as “Master List Resources.”
Architectural Criteria
Character-defining features of the Italianate Style are described in the City’s Historic Context
Statement to include:
▪ Symmetrical façade
▪ Low pitched hipped or flat roof
▪ Widely overhanging eaves with large decorative brackets
▪ Tall narrow windows, commonly arched or curved above
▪ Elaborated window crowns
▪ One-story entry porch, often supported by square posts with beveled corners
▪ Centrally-placed square tower or cupola
As described and depicted in pages 12-19 of the Historicities Evaluation, the subject building
exhibits many of these characteristic features:
Character-defining features include modest size and asymmetric footprint of
the mid nineteenth-century irregular cottage, promoted in the Gardenesque
aesthetic by architect–landscape architects John Claudius Loudon and Andrew
Jackson Downing; obtuse gable angle; deep eaves; twinned windows; window
and door crowns; shiplap siding; corner boards; entrance porch with square
columns and pilasters, arches, and classically referenced fretwork of the
American Italianate style in wood. (Historicities Evaluation pg. 12)
Historic Criteria
During its period of significance, the property was most closely associated with the Graham
family (Lozelle Graham and Katie Flickinger) and with subsequent occupants associated with
Southern Pacific Railroad operations. Though the background of the family and subsequent
occupants provide an interesting and informative glimpse into early California and local history
and local history related to railroad operations, the evaluation provided does not indicate a
relevant association with singular and important historical events and patterns or significance to
the community rising to a level that qualifies the property as a “Master List Resource” under
Historic Criteria in § 14.01.070 (B) of the Historic Preservation Ordinance.
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Integrity
Apart from “few changes in utilitarian features,” the author of the Historicities Evaluation notes
that the house has “a remarkable integrity of design:”
There have been none of the room additions common to and even anticipated
in irregular Italianate houses. There have been few changes in utilitarian
features: the addition of railing to the entrance porch and staircase, a small
back window to the south facade of the house, and an attic vent to the front
gable; the replacement of the front door, entrance transom glass, and window
sashes and panes (in a way sensitive to their proportions); and the removal of
structural elements from the rear porch. Roof cresting was added sometime
after 1892 and removed sometime after 1907. (pg. 21).
The building occupies its original site, in the same location on the property, and has changed
very little from its original appearance, and thus to a large degree was found to satisfy the criteria
for Integrity set out in § 14.01.070 (C) of the Historic Preservation Ordinance.
Conclusion
The information in the Historicities Evaluation prepared for this application, which documents
the architectural character and integrity of the house, provides a basis finding that the dwelling
satisfies Evaluation Criteria for Architectural Style and Design and for Integrity described in
§§ 14.01.070 (A) & (C) of the City’s Historic Preservation Ordinance, to a degree that qualifies
it for designation of as a Master List Historic Resource.
Policy Context
The recommended action on this item is supported by historical preservation policies set out in
§ 3.0 of the Conservation and Open Space Element of the City’s General Plan, and with
procedures and standards for listing of historic resources set out in the City’ s Historic
Preservation Ordinance §§ 14.01.060 & 14.01.070.
Public Engagement
Public notice of this hearing has been provided to owners and occupants of property near the
subject site, and published in a widely circulated local newspaper, and hearing agendas for this
meeting have been posted at City Hall, consistent with adopted notification procedures. Public
notice was also previously provided for the Cultural Heritage Committee meeting of May 18,
2020.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the Californi a Environmental Quality
Act (CEQA). Inclusion of the subject properties on the City’s Inventory of Historic Resources
does not have the potential for causing a significant effect on the environment, and so is covered
by the general rule described in § 15061 (b) (3) of the CEQA Guidelines.
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FISCAL IMPACT
Budgeted: No Budget Year: 2020
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A $0 $0
Adding the Property to the Master List of Historic Resources will have no fiscal impact. Historic
designation of the Property itself has no bearing on City fiscal resources.
ALTERNATIVES
1. Decline to designate the property as a Master List Resource in the Inventory of Historic
Resources based on finding that the Property is not considered to be sufficiently unique or
important, or found to satisfy Evaluation Criteria for listing to a degree warranting such
designation. The Property would remain in the Inventory as a Contributing List Resources.
2. Continue consideration of the request for additional information or discussion.
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Master List Application (March 12, 2020)
c - Evaluation Criteria
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R ______
RESOLUTION NO. _____ (2020 SERIES)
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)
WHEREAS, the applicants, Michael and Paden Hughes, filed an application on
March 12, 2019, for review of the inclusion of the property at 1789 Santa Barbara Avenue on the
City’s Master List of Historic Resources; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 18, 2020 and recommended that the City Council add the property at
1789 Santa Barbara Avenue to the Master List of Historic Resources; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on July 7, 2020 for the purpose of considering the request to add the properties to the Inventory of
Historic Resources; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the record of
the Cultural Heritage Committee hearing and recommendation, testimony of the applicant and
interested parties, and the evaluation and recommendation presented by staff.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) The subject property is eligible for inclusion in the City’s Inventory of Historic
Resources as a Master List Resource because the dwelling on the property satisfies
at least one of the evaluation criteria for historic resource listing described in the §
14.01.070 of the City’s Historic Preservation Ordinance (HPO), exhibits a high
degree of historic integrity, and is more than 50 years old.
b) The dwelling on the subject properties satisfies evaluation criteria related to
architectural style (HPO §14.01.070 (A)). It conveys a purity of style, exhibits
attractiveness through detailing and craftsmanship, and is a rare example within the
City of the Italianate Style. The building occupies its original site, with its exterior
largely unaltered, and retains its characteristic design and materials, satisfying
criteria for Integrity (HPO § 14.01.070 (C)).
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Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 2. Environmental Determination. The project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA). Inclusion of the subject
properties on the City’s Inventory of Historic Resources does not have the potential for causing a
significant effect on the environment, and so is covered by the general rule described in
§ 15061 (b) (3) of the CEQA Guidelines.
SECTION 3. Action. The City Council of the City of San Luis Obispo does hereby
include the property located at 1789 Santa Barbara Avenue to the Master List of Historic Resources
as “The Lozelle and Katie Flickinger Graham House.”
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 7th day of July 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
____________________________________
Teresa Purrington
City Clerk
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Zoning, or remove the property from historic listing if the structure on the property no longer
meets eligibility criteria for listing, following the process for listing set forth herein.
14.01.070. Evaluation Criteria for Historic Resource Listing
When determining if a property should be designated as a listed Historic or Cultural Resource,
the CHC and City Council shall consider this ordinance and State Historic Preservation Office
(“SHPO”) standards. In order to be eligible for designation, the resource shall exhibit a high
level of historic integrity, be at least fifty (50) years old (less than 50 if it can be demonstrated
that enough time has passed to understand its historical importance) and satisfy at least one of the
following criteria:
A. Architectural Criteria: Embodies the distinctive characteristics of a type, period, region, or
method of construction, or represents the work of a master, or possesses high artistic values.
(1) Style: Describes the form of a building, such as size, structural shape and details
within that form (e.g. arrangement of windows and doors, ornamentation, etc.). Building
style will be evaluated as a measure of:
a. The relative purity of a traditional style;
b. Rarity of existence at any time in the locale; and/or current rarity although the
structure reflects a once popular style;
c. Traditional, vernacular and/or eclectic influences that represent a particular social
milieu and period of the community; and/or the uniqueness of hybrid styles and how
these styles are put together.
(2) Design: Describes the architectural concept of a structure and the quality of artistic
merit and craftsmanship of the individual parts. Reflects how well a particular style or
combination of styles are expressed through compatibility and detailing of elements.
Also, suggests degree to which the designer (e.g., carpenter-builder) accurately
interpreted and conveyed the style(s). Building design will be evaluated as a measure of:
a. Notable attractiveness with aesthetic appeal because of its artistic merit, details and
craftsmanship (even if not necessarily unique);
b. An expression of interesting details and eclecticism among carpenter-builders,
although the craftsmanship and artistic quality may not be superior.
(3) Architect: Describes the professional (an individual or firm) directly responsible for
the building design and plans of the structure. The architect will be evaluated as a
reference to:
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a. A notable architect (e.g., Wright, Morgan), including architects who made
significant contributions to the state or region, or an architect whose work influenced
development of the city, state or nation.
b. An architect who, in terms of craftsmanship, made significant contributions to San
Luis Obispo (e.g., Abrahams who, according to local sources, designed the house at
810 Osos - Frank Avila's father's home - built between 1927 – 30).
B. Historic Criteria
(1) History – Person: Associated with the lives of persons important to local, California,
or national history. Historic person will be evaluated as a measure of the degree to which
a person or group was:
a. Significant to the community as a public leader (e.g., mayor, congress member,
etc.) or for his or her fame and outstanding recognition - locally, regionally, or
nationally.
b. Significant to the community as a public servant or person who made early, unique,
or outstanding contributions to the community, important local affairs or institutions
(e.g., council members, educators, medical professionals, clergymen, railroad
officials).
(2) History – Event: Associated with events that have made a significant contribution to
the broad patterns of local or regional history or the cultural heritage of California or the
United States. Historic event will be evaluated as a measure of:
(i) A landmark, famous, or first-of-its-kind event for the city - regardless of whether
the impact of the event spread beyond the city.
(ii) A relatively unique, important or interesting contribution to the city (e.g., the Ah
Louis Store as the center for Chinese-American cultural activities in early San Luis
Obispo history).
(3) History-Context: Associated with and also a prime illustration of predominant
patterns of political, social, economic, cultural, medical, educational, governmental,
military, industrial, or religious history. Historic context will be evaluated as a measure
of the degree to which it reflects:
a. Early, first, or major patterns of local history, regardless of whether the historic
effects go beyond the city level, that are intimately connected with the building (e.g.,
County Museum).
b. Secondary patterns of local history, but closely associated with the building (e.g.,
Park Hotel).
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