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Home My WebLink About07-07-2020 City Council Minutes Tuesday, July 7, 2020 Regular Meeting of the City Council / Disaster Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council / Disaster Council was called to order on Tuesday, July 7, 2020 at 6:00 p.m. via teleconference by Mayor Harmon. 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. Other staff members presented reports or responded to questions as indicated in the minutes. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated the Council met in Closed Session on two matters of existing litigation. 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 On a motion by Council Member Pease and seconded by Council Member Christianson, a 5-0 vote, the Council authorized defense of the action and authorized the City Manager to appropriate funds for defense of the litigation. 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: San Luis Obispo City Council Minutes of July 7, 2020 Page 2 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. Council Member Pease recused herself due to a conflict of interest due to an employment relationship with a consultant working on the project. On a motion by Council Member Christianson and seconded by Vice Mayor Gomez and a 4 – 0 vote the Council authorized staff to proceed with defense of the action once filed and served. While primarily applicant funded litigation, the Council did authorize the City Manager to appropriate additional funds if needed in defense of the litigation. 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 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 CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 to adopt Resolution No. 11137 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, affirming actions of the Emergency Services Director” with the change presented in the staff correspondence received prior to the meeting. APPOINTMENTS 1. ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED VACANCY ON THE PROMOTIONAL COORDINATING COMMITTEE City Clerk Purrington presented the contents of the report. Public Comment: None ---End of Public Comments--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 to approve the appointment of Lori Lerian to the Promotional Coordinating Committee as recommended by the Council Liaison Subcommittee. San Luis Obispo City Council Minutes of July 7, 2020 Page 3 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Donna Pulling Allan Cooper ---End of Public Comment--- CONSENT AGENDA Council Member Christianson recused herself from item #6 due to a remote interest based on her employment with Transitions Mental Health. Council Member Pease recused herself from the item #5 due to a pending review of an action taken in September 2019 regarding the Clean Energy Choice item by the FPPC. PUBLIC COMMENT Item #5 - Tim Mahoney Item #5 - Eric Veium Item #5 - Justin Bradshaw Item #6 - Jill Bolster-White ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 (COUNCIL MEMBER PEASE RECUSED ON ITEM 5 AND COUNCIL MEMBER CHRISTIANSON RECUSED ON ITEM 6) to approve Consent Calendar Items 2 thru 7. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 3. MINUTES REVIEW - JUNE 16, 2020 CITY COUNCIL MEETING CARRIED 5-0, to 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 CARRIED 5-0, to adopt Resolution No. 11139 (2020 Series) 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).” 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 San Luis Obispo City Council Minutes of July 7, 2020 Page 4 CARRIED 4-0-1 (COUNCIL MEMBER PEASE RECUSED), to 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 CARRIED 4-0-1 (COUNCIL MEMBER CHRISTIANSON RECUSED), to adopt Resolution No. 11140 (2020 Series) 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 CARRIED 5-0, to adopt Resolution No. 111041 (2020 Series) 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.” PULLED FROM CONSENT 8. CONSIDERATION OF REMOVAL OF ADVISORY BODY MEMBER Public Comments: Allan Cooper ---End of Public Comment--- CARRIED 5-0, to approve the removal of James Papp from the Cultural Heritage Committee. San Luis Obispo City Council Minutes of July 7, 2020 Page 5 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 9. AUTHORIZATION TO PURCHASE TWO ELECTRIC TRANSIT VEHICLES Public Works Director Matt Horn and Transit Manager Gamaliel Anguiano 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 VICE MAYOR GOMEZ, CARRIED 5-0 to 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 Deputy City Manager Greg Hermann and Tourism Coordinator Chantal Burns 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 CHRISTIANSON, CARRIED 5-0 to 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. Council Member Christianson recused herself from Item 11 due to a remote interest based on her employment with Transitions Mental Health. Council Member Christianson left the teleconference at 8:00 PM. San Luis Obispo City Council Minutes of July 7, 2020 Page 6 RECESS Council recessed at 8:00 p.m. and reconvened at 8:15 p.m., with Council Member Christianson absent and all other Council Members present. 11. CONSIDERATION OF THE 2020-21 HUMAN RELATIONS COMMISSION GRANTS-IN-AID FUNDING RECOMMENDATIONS Community Development Director Michael Codron and Housing Coordinator Cara Vereschagin provided an in-depth staff report and responded to Council questions. Public Comments: Sandra Gresham Bernadette Bernardi Catherine Manning Celeste Goyer ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER STEWART, SECOND BY VICE MAYOR GOMEZ, CARRIED 4-0-1 (COUNCIL MEMBER CHRISTIANSON RECUSED) to 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 City Manager Derek Johnson provided an in-depth staff report and responded to Council questions. Public Comments: Jean Reno Amber Steele ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 5-0 to adopt Resolution No. 11142 (2020 Series) 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.” With the following changes: • Taskforce members shall reside in the County of San Luis Obispo and have frequent affiliation and knowledge of the City • Replace the word prejudice with discrimination • Marginalized cultural groups San Luis Obispo City Council Minutes of July 7, 2020 Page 7 13.NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION Deputy City Manager Greg Hermann and City Clerk Teresa Purrington 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 VICE MAYOR GOMEZ, CARRIED 5-0 to adopt Resolution No. 11143 (2020 Series) 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 with a correction to the Resolution as follows: Section 3: a)The statement may include the name, age and occupation of the candidate and a brief description of no more than 250 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Members Christianson, Pease and Stewart and Mayor Harmon attended the ribbon cutting ceremony for the Maxine Lewis art project in Mission Plaza. ADJOURNMENT The meeting was adjourned at 9:48 p.m. The next Closed Session and Regular City Council Meeting is scheduled for Tuesday, July 21, 2020 at 6:00 p.m., respectively, via teleconference. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: 07/21/2020