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Home My WebLink About10-22-2019 MinutesCouncil Minutes City Hall, 990 Palm Street, San Luis Obispo CALL TO ORDER Tuesday, October 22, 2019 Regular Meeting of the City Council A Regular Rescheduled Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 22, 2019 at time 5:30 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. 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 REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: APN 001-137-013 Agency Negotiators: Negotiating Parties: Under Negotiation: Derek Johnson, City Manager Christine Dietrick, City Attorney Shelly Stanwyck, Assistant City Manager Greg Hermann, Deputy City Manager Charles Bell, Assistant City Attorney Tim Bochum, Deputy Director of Public Works Paul J. Vanderheyden Separate Property Trust Price and terms of payment ADJOURN AT 5:50 P.M. TO THE REGULAR MEETING OF TUESDAY, OCTOBER 22, 2019 IN THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA San Luis Obispo Page 1 San Lui s Obispo City Council Minu te s of Oc tob er 22, 2018 Page 2 CALL TO ORDER A Regular Rescheduled Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 22, 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 Gomez led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that the City Council met in Closed Session on one matter of real property negotiations regarding property at 1480 Monterey. Staff was given direction to proceed with negotiations. There was discussion on price and terms however there was no further reportable discussion. PROCLAMATIONS 1. DOMESTIC VIOLENCE AWARENESS MONTH Mayor Harmon presented a Proclamation to Kristen Rambo, Executive Director of Stand Strong, and fellow Board Members Joan Wenglikowski and Robin Mitchell Hee, declaring October to be "Domestic Violence Awareness Month." 2. ARBORDAY Mayor Harmon presented a Proclamation to Rob Combs and Anthony Whipple from the Urban Forestry Division , declaring November 2 , 2019 as "Arbor Day." San Lui Obispo City Council Minutes of October 22, 2018 PUBLIC COM_MENT ON ITEMS NOT ON THE AGENDA Jeffery Specht Kris Raudenbush Greg Wynn Rebecca Kallal Bob N annings Dan Kallal Don Hedrick ---End of Public Comment--- CONSENT AGENDA Page 3 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 5-0 to approve Consent Calendar Items 3 thru 9. Public Comment Item 9 -Jeffery Specht ---End of Public Comment--- 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 -OCTOBER 1, 2019 CITY COUNCIL MEETING CARRIED 5-0, to approve the minutes of the City Council meeting held on October 1, 2019. 5. HISTORIC SIGNIFICANCE DETERMINATION FOR A CONTRIBUTING LIST PROPERTY AT 1013 ELLA STREET AND 2028 JENNIFER STREET CARRIED 5-0, to adopt Resolution No. 11052 entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, removing the property at 1013 Ella Street and 2028 Jennifer Street from the Contributing Properties List of Historic Resources" determining that the structure does not meet eligibility criteria for listing as a Historic Resource. 6. FINAL ACCEPTANCE OF A PORTION OF PUBLIC IMPROVEMENTS FOR TRACT 3063 PHASE 1 -A RESIDENTIAL SUBDIVISION AT 3987 ORCUTT ROAD {RIGHETTI RANCH} CARRIED 5-0, to adopt Resolution No. 11053 entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the Public Improvements and certifying completion of the Private Improvements for Tract 3063-Phase 1 (3987 Orcutt Road)" releasing the securities for the accepted portions of Phase 1 of Tract 3063 and authorizing the Director of Public Works to accept the remaining Phase 1 public improvements, then release those securities once the improvements are deemed completed. San Luis Obispo City Council Minutes of October 22, 2018 Page4 7. AUTHORIZE ADVERTISEMENT OF DJSJNF.ECTION BYPRODUCT REDUCTION AND WATER TREATMENT PLANT PIPE GALLERY IMPROVEMENT PROJECT, SPECIFICATION NO. 1000044 CARRIED 5-0, to: 1. Approve the plans and specifications for the Disinfection Byproduct Reduction and Water Treatment Plant Pipe Gallery Improvements Project, Spec. No. 1000044; and 2. Authorize staff to advertise the Project for bids; and 3. Authorize the City Manager to award the construction contract for the Project if the lowest responsible bid is within available project funding; and 4. Adopt Resolution No. 11054 entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Water Fund Unreserved Working Capital for construction of the Disinfection Byproduct Reduction and Water Treatment Plant Pipe Gallery Improvements Project, Specification No. 1000044" authorizing a budget transfer of $1,042, 174 to the Project account. 8. APPROVE A MEMORANDUM OF UNDERSTANDING WITH FIRST 5 SAN LUIS OBISPO COUNTY FOR PARTICIPATION IN A MULTI AGENCY CHILD CARE CAPACITY-BUILDING STUDY CARRIED 5-0, to approve the proposed Memorandum of Understanding (MOU) with First 5 San Luis Obispo County and authorize the City Manager to execute the MOU in a form subject to approval of the City Attorney's Office. 9. AGREEMENT WITH INTEGRATED WASTE MANAGEMENT AUTHORITY AND CENTRAL COAST PARTNERS TO SUPPORT COMMUNITY BASED SOCIAL MARKETING TO EDU CA TE THE COMMUNITY ON THE TRASH IMPACTS ON THE ENVIRONMENT CARRIED 5-0, to: 1. Authorize entering into an agreement with the Integrated Waste Management Authority (IWMA) to help raise awareness of proper trash disposal and educate the community on ways they can help; and 2. Authorize entering into an agreement with the Central Coast Partners for Water Quality (CCPWQ) to formalize the partnership amongst the agencies; and 3. Adopt Resolution No. 11055 entitled, "A Resolution of the Council of the City of San Luis Obispo, California approving an amendment to the 2019-20 Budget Allocation" adding the Trash Community Based Social Marketing (CBSM) marketing campaign to the FY 19-21 Financial Plan and accepting $25,000 from IWMA. San Luis Obispo City Council Minutes of October 22, 2018 Page5 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 10. PUBLIC HEARING: TO INTRODUCE AN ORDINANCE TO ADOPT BY REFERENCE THE 2019 CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS Community Development Director Michael Codron, Fire Chief Keith Aggson, Fire Marshall Roger Maggio and Building and Safety Supervisor Mark Sadowski provided an in-depth staff report and responded to Council questions. Public Comments: Jon Griesser Don Hedrick ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to introduce an Ordinance No. 1670 (2019 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and amend the latest editions of the California Building Standards Codes and adopting findings of fact to support the amendments." 11. PUBLIC HEARING: REVIEW OF APPEAL (FILED BY TAOUERIA SANTA CRUZ, SLO; APPLICANT) OF THE PLANNING COMMISSION'S DECISION TO APPROVE A REQUEST TO EXTEND HOURS OF OPERATION FOR COMMERCIAL ACTIVITIES WITHIN A MIXED-USE DEVELOPMENT, LOCATED AT 1308 MONTEREY STREET, WITH THE MODIFIED CONDITIONS RESTRICTING HOURS OF OPERATION FOR COMMERCIAL SUITE 140 TO 9:00 PM (APPL-0594-2019) Council Members Gomez, and Vice Mayor noted meeting with one of the residents regarding the appeal. Council Member Stewart noted meeting with George Garcia and Amy Blalock regarding the appeal. Council Member Christianson attended the Planning Commission meeting regarding this appeal but reported having no ex parte communications. Mayor Harmon reported having no ex parte communications. Community Development Director Michael Codron and Associate Planner Kyle Bell provided an in-depth staff report and responded to Council questions. Carol Florence, Applicant Representation provided an overview of the appeal and responded to Council questions. Public Comments: Amy Blalock Mark Henry Randall Blalock Don Hedrick ---End of Public Comment--- San Luis Obispo City Council Minutes of October 22, 2018 Page 6 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR PEASE, CARRIED 4-1 (WITH COUNCIL MEMBER GOMEZ VOTING NO) to adopt Resolution No. 11056 entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, Uphold an Appeal of the Planning Commission decision and thereby upholding the Administrative Hearing Officers approval modifying Conditions of approval for limiting the hours of operation for the commercial activities within an existing Mixed-Use Development. The project is Categorical Exemption from Environmental Review as represented in the Planning Commission agenda report and attachments dated July 10, 2019 (1308 Monterey Street, APPL-0594-2019 of DIR-4082-2016)." With the following change to Section 3: 3. The hours of operation shall be restricted to 8:00 AM to 8:00 PM for all commercial activity on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the ground floor, until all active noise violations are resolved. Once all active noise violations are resolved, hours of operation shall be restricted per tenant suite as identified below; a. Suite 110: 8:00 AM to 9:00 PM b. Suite 120: 8:00 AM to 9:00 PM c. Suite 140: 8:00 AM to 10:00 PM 9:30 PM d. Suite 210: 8:00 AM to 8:00 PM e. Suite 230: 8:00 AM to 8:00 PM f. Suite 240: 8:00 AM to 8:00 PM g. Suite 250: 8:00 AM to 8:00 PM The hours of operation for all outdoor food services shall operate no earlier than 8:00 AM and shall not remain open later than 9:00 PM daily. COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon indicated she attended the True North Leadership conference in Santa Cruz paid for by the city. She also attended walk to school day, City Farm for the Harvest Festival and to support pacific beach high school program, Ride share's parking day, CPR training and spoke at domestic violence vigil and went to the Tiny Home event, Council Member Stewart attended the League of California Cities conference in Long Beach paid for by the City. She also attended City Farm's Harvest Festival, SLO diversity commission meeting, tiny home expo and National Association of Women Business Owners and was the m.c. for the graduation of Class 28 for Leadership SLO Council Member Christianson attended the League of California Cities conference in Long Beach paid for by the City. Council Member Gomez attended the League of California Cities conference in Long Beach paid for by the City. He indicated the IWMA passed the poly styrene ban (#6 plastics) and working to address the CRV issue and have appointed a task force to work on this. Vice Mayor Pease attended the League of California Cities conference in Long Beach paid for by the City. She also attended the Net Zero conference in Los Angeles. 1 San Luis Obispo City Council Minutes of October 22, 2018 Page 7 ADJOURNMENT The meeting was adjourned at 8:26 p.m. The next Regular City Council Meeting is scheduled for Tuesday, November 5, 2019 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY COUNCIL: 11/12/2019 Teresa Purrington City Clerk