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Home My WebLink About10-01-2019 Item 04 - 09-17-2019 Draft MinutesSan Luis Obispo Page 1 Tuesday, September 17, 2019 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, September 17, 2019 at 5:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice Mayor Andy Pease, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- CLOSED SESSION A: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: Two; Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: No. of potential cases: Two. 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: Packet Page 1 Item 4 San Luis Obispo City Council Minutes of September 17, 2019 Page 2 Dispute between the City and the owner of real property located at 3595 Sueldo regarding a previously unaccepted offer to dedicate right of way pursuant to the Subdivision Map Act, Tract 703 as recorded in Book 10 of Maps at Page 50 on October 31, 1980, and validity of acceptance of right of way for public road purposes; and a related assertion of liability by the owner of an adjacent property (Sullivan, Tentative Tract 3009/Minor Subdivision SLO 17-0107) against the City for unspecified damages allegedly resulting from the unaccepted offer. Correspondence regarding these issues is available for review in the City Clerk’s Office located at 990 Palm Street. ADJOURN AT 5:22 P.M. TO THE REGULAR MEETING OF SEPTEMBER 17, 2019 IN THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA Packet Page 2 Item 4 San Luis Obispo City Council Minutes of September 17, 2019 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, month day, 2019 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice Mayor Andy Pease, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Christianson led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick indicated that the Council meet in Closed Session to discuss two separate items of pending litigation for right of way near Sueldo Street, Tract 703 and Tract Map 3009. Council provided direction but no further reportable action was taken. PRESENTATIONS 1. RIDE SHARE WEEK San Luis Obispo Council of Governments representative Peter Williamson provided a presentation regarding Rideshare Week 2019." 2. PROCLAMATIONS NATIONAL MUSEUM DAY Mayor Harmon presented a Proclamation to Charles Jordan, Board President, San Luis Obispo Railroad Museum, Ruta Saliklis, Executive Director, San Luis Obispo Museum of Art and Thomas Kessler, Executive Director, History Center of San Luis Obispo County declaring Saturday, September 21, 2019 as “National Museum Day.” Packet Page 3 Item 4 San Luis Obispo City Council Minutes of September 17, 2019 Page 4 RAIL SAFETY WEEK Mayor Harmon presented a Proclamation to Anna Devers, Public Affairs and Planning for San Luis Obispo Council of Governments declaring September 22 – 28, 2019 as “Rail Safety Week.” PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Jeffery Specht Justin Bradshaw Ben Granholm Eric Vellum Barry Rands Don Hedrick Claudia Turner Janine Rands Ernie Gonzales Erin Pearce David Drake Sophie Ortiz ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to approve Consent Calendar Items 3 thru 12. 3.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4.DRAFT MINUTES REVIEW - SEPTEMBER 3, 2019 CITY COUNCIL MEETING CARRIED 5-0, to approve the minutes of the City Council meeting held on September 3, 2019. 5.ADOPTION OF AN ORDINANCE APPROVING LOCAL AMENDMENTS TO THE ENERGY CODE; AND ADOPTION OF AN ORDINANCE IMPLEMENTING A CARBON OFFSET REQUIREMENT WITH AN IN-LIEU FEE OPTION Recommendation: Pulled by Staff and the Council did not discuss or take action on this item. 6.MEADOW PARK PEDESTRIAN BRIDGES REPLACEMENT PROJECT, SPECIFICATION NO. 1000017 CARRIED 5-0, to 1.Adopt Resolution No. 11045 (2019 Series) entitled “A Resolution of the Council of the City of San Luis Obispo, California approving an Amendment to the Meadow Park Pedestrian Bridge Replacement Project and related budgetary appropriations;” Packet Page 4 Item 4 San Luis Obispo City Council Minutes of September 17, 2019 Page 5 2. Award a construction contract to R. Burke Corporation in the amount of $199,164 for the Meadow Park Pedestrian Bridges Replacement Project); and 3. Approve a transfer of $271,164 from the Parks Major Maintenance – Annual Asset Maintenance Account to the Meadow Park Pedestrian Bridges Replacement project to fund the project and construction support services. 7. RESPONSE TO THE 2018-19 GRAND JURY REPORT ON FIRE RISK MANAGEMENT CARRIED 5-0, to authorize the City Manager to submit a letter of response to the report on behalf of the City Council, as required by the Grand Jury. 8. MARSH STREET BRIDGE REPLACEMENT, SPECIFICATION No. 90480 CARRIED 5-0, to approve the construction documents for the “Marsh Street Bridge Replacement, Specification No. 90480” project, authorize staff to advertise for bids, and authorize the City Manager to award a construction contract to the lowest responsible bidder following a selection process conforming to the Caltrans Local Assistance Procedures Manual. 9. APPROPRIATE ZONE 9 FUNDING FOR MID-HIGUERA BYPASS PROJECT FINAL DESIGN CARRIED 5-0, to receive $90,000 from the County of San Luis Obispo, and as recommended by the Flood Control and Water Conservation District Zone 9 County Advisory Committee, appropriate it to fund the final design services for Mid-Higuera Bypass Project. 10. FIREWALL REPLACEMENT PROJECT CARRIED 5-0, to authorize the Administration and Information Technology Department to advertise for the purchase of a firewall replacement for the City’s current end of life firewall hardware; and authorize the City Manager to award a contract if the selected quote is within the approved project budget of $186,500. 11. ORDINANCE ADOPTION - COMPREHENSIVE UPDATE TO THE CITY’S SIGN REGULATIONS, INCLUDING REPEAL OF MUNICIPAL CODE SECTION 2.40.070 (CAMPAIGN SIGNS) AND REPEAL AND REPLACEMENT OF MUNICIPAL CODE CHAPTER 15.40 (SIGN REGULATIONS) CARRIED 5-0, to adopt Ordinance No. 1667 (2019 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California repealing Municipal Code Section 2.40.070 (Campaign Signs) and repealing and replacing Title 15, Chapter 15.40 of the Municipal Code (Sign Regulations) to update the regulations for best practices, clarify terms and process, enhance graphics, and ensure consistency with The Reed v. Town of Gilbert U.S. Supreme Court Decision, as represented in the staff report and attachments dated August 20, 2019 (Sign Regulations Update)” Packet Page 5 Item 4 San Luis Obispo City Council Minutes of September 17, 2019 Page 6 12. ADVERTISE COUNCIL CHAMBER AUDIO/VIDEO REPLACEMENT PROJECT, SPECIFICATION NO. 1000120 CARRIED 5-0, to adopt Resolution No. 11046 (2019 Series) entitled, “A Resolution of the Council of the City of San Luis Obispo, California Approving an amendment to the 2019 -20 Budget Allocation and Capital Improvement Plan;” and approve contract documents for Council Chamber Audio/Video Replacement project; and authorize staff to advertise for bids; and authorize the City Manager to award a contract if the lowest responsible bid is within the approved project budget of $200,000 from the City’s share of the Public, Educational and Government (PEG) funds. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 13. PUBLIC HEARING - 1144 CHORRO STREET - INITIATION OF A PROJECT TO CONSTRUCT A SIX-STORY MIXED-USE BUILDING CONSISTING OF APPROXIMATELY 30,000 SQUARE FEET OF COMMERCIAL/OFFICE SPACE AND 50 RESIDENTIAL DWELLING UNITS Vice Mayor Pease indicated she will be recusing herself due to recent projects with Tenover Studios through her firm and Council Member Gomez indicated he would also be recusing himself since his business is within 500 feet of the project. Vice Mayor Pease and Council Member Gomez left the dais. Council Member Christianson indicated she meet with Mr. Rossman Copeland Representative to discuss the changes made to the project since the Architectural Review Commission meeting. Council Member Stewart and Mayor Harmon both indicated they had no ex-parte communication. Community Development Director Michael Codron provided an in-depth staff report and responded to Council questions. Jim Duffy, Tenover Studios, project architect, presented an overview of the project. Public Comments: Krista Jeffries Rebecca Simmens Thomas Arndt Don Hedrick Norma Guzman Betsy Schwartz James Papp Anna Thacker ---End of Public Comment--- Packet Page 6 Item 4 San Luis Obispo City Council Minutes of September 17, 2019 Page 7 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART CARRIED 3-0-2 (COUNCIL MEMBER GOMEZ AND VICE MAYOR PEASE RECUSED) to direct staff to proceed with processing of the applications with the following considerations: 1. The application of a Planned Development (PD) Overlay zone is an appropriate method for implementation of the City Council’s goal for higher density housing in the Downtown; and 2. The Mandatory Project Features required for consideration of establishment of the PD Overlay zone and the Community Benefits Policy Objectives required for consideration of the proposed building height of 75 feet are appropriate and in alignment with the scope of the project given the priority that the City Council has placed on new housing in the Downtown. 3. Direct staff to move forward with priority processing of the project through the entitlement process, including environmental review pursuant to the California Environmental Quality Act (CEQA). With the following comments: a. Community Benefit - Mode shift. b. Proforma to make sure there is no less than 25% affordable housing. c. Support for allocating the remaining density units in the downtown. Council Member Gomez and Vice Mayor Pease returned to the dais. 14. RESPONSE TO THE 2018-19 GRAND JURY REPORT ON AFFORDABLE HOUSING Community Development Director Michael Codron and Assistant to the City Manager Ryan Betz 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 authorize the City Manager to submit a letter of response to the report on behalf of the City Council, as required by the Grand Jury. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Liaison Reports received from Council Member Gomez, Vice Mayor Pease, and Mayor Harmon. Packet Page 7 Item 4 San Luis Obispo City Council Minutes of September 17, 2019 Page 8 ADJOURNMENT The meeting was adjourned at 8:50 p.m. The next Regular City Council Meeting is scheduled for Tuesday, October 1, 2019 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/2019 Packet Page 8 Item 4