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HomeMy WebLinkAbout01-14-2020 Agenda Tuesday, January 14, 2019 4:00 PM CLOSED SESSION Council Hearing Room 990 Palm Street 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 ITEMS CLOSED SESSION A: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: San Luis Obispo City Employee’s Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees 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: 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: San Luis Obispo City Council Agenda January 14, 2020 Page 2 San Luis Obispo 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. C: 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: A letter has been received from Robert Goodman, Attorney at Law, on behalf of his client Jamie Gomez, asserting that the City of San Luis Obispo’s method of conducting elections may violate the California Voting Rights Act. Pursuant to California law, Mr. Goodman demanded that the City Council adopt a resolution within 45 days of receipt of the letter outlining its intention to transition from at-large to district elections and specifying specific steps it will take to facilitate this transition. The deadline for the City Council to adopt a resolution to this effect would have been the end of December, but on November 26, 2019 a Standstill Agreement was entered into extending the deadline to January 31, 2020. If a resolution has not been adopted by the January 31 deadline, then Mr. Goodman asserts legal action will be commenced in San Luis Obispo County Superior Court to require the City of San Luis Obispo to institute district elections pursuant to the California Voting Rights Act. D: 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. 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: On September 3, 2019, the City Council adopted the Clean Energy Choice Program with the second reading of the related ordinances planned for the September 17, 2019, Council meeting. San Luis Obispo City Council Agenda January 14, 2020 Page 3 On September 13, 2019, the City received correspondence from legal counsel representing the Utility Workers Union of America Local 132 alleging violations of conflict-of-interest rules related to the ordinances, which was followed by notification of a formal complaint being filed with the California Fair Political Practices Commission (“FPPC”) against Councilmember Pease. The September 13, 2019, letter is on file with the City Clerk. On September 20, 2019, the City requested formal advice from the FPPC on behalf of Councilmember Pease and a majority of the City Council regarding the application of the commission’s statutes, rules and regulations concerning the City’s adoption of the Clean Energy Choice Program. On October 12, 2019, the City was notified that the FPPC would not be providing advice as requested. On October 28, 2019, the City requested formal advice from the FPPC on behalf of just a majority of the City Council regarding the application of the commission’s statutes, rules and regulations concerning the City’s adoption of the Clean Energy Choice Program. On November 14, 2019, the FPPC issued a formal letter declining to provide advice as requested. That November 14, 2019, letter is on file with the City Clerk. Additionally, the City has received correspondence dated October 1, 2019, from Saro G. Rizzo, Attorney at Law, expressing concerns with the City’s Clean Energy Choice Program ordinances. The October 1, 2019 letter is on file with the City Clerk. All letters on file are available for review in the City Clerk’s Office located at 990 Palm Street. Adjourn to the Rescheduled Regular City Council Meeting scheduled for Tuesday, January 14, 2020 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo. Tuesday, January 14, 2020 6:00 AM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 4 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 PLEDGE OF ALLEGIANCE: Council Member Andy Peast PRESENTATIONS 1. PRESENTATION FROM THE COUNTY OF SAN LUIS OBISPO REGARDING THE 2020 CENSUS (Kristin Erikson/Morgan Torrell – 20 MINUTES) APPOINTMENTS 2. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2020 (PURRINGTON – 5 MINUTES) Recommendation: Approve Council Liaison Subcommittee assignments for the calendar year of 2020. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda. Time limit is three minutes. 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. San Luis Obispo City Council Agenda January 14, 2020 Page 5 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. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation Waive reading of all resolutions and ordinances as appropriate. 4. MINUTES REVIEW - DECEMBER 3, 2019 CITY COUNCIL MEETING (PURRINGTON) Recommendation: Approve the minutes of the City Council meeting held on December 3, 2019. 5. 2019 WATER RESOURCES STATUS REPORT (BOERMANN/METZ) Recommendation: Receive and file the City’s 2019 Water Resources Status Report. 6. LAGUNA LAKE 2020 MAINTENANCE DREDGING PROJECT, SPECIFICATION NO. 91392 (STANWYCK/BURDE) Recommendation: 1. Approve the Project Plans and Special Provisions for the Laguna Lake 2020 Maintenance Dredging Project; and, 2. Authorize staff to advertise for bids; and, 3. Authorize the City Manager to award the construction contract if the lowest responsible bid is within the Engineer’s Estimate of $380,000. 7. REQUEST FOR PROPOSAL FOR MARKETING SERVICES FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT (HERMANN/CANO) Recommendation: As recommended by the Tourism Business Improvement District (TBID) Board: 1. Authorize the issuance of a Request for Proposals (RFP) for contract services for tourism marketing services; and 2. Authorize the City Manager to award the contract if proposals are within the project budget of $1,000,000. San Luis Obispo City Council Agenda January 14, 2020 Page 6 8. SECOND READING OF ORDINANCE NO. 1673 (2019 SERIES) AMENDING SECTION 9.10.070 (HERMANN/BAILEY) Recommendation: Adopt Ordinance No. 1673 entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the Municipal Code Public Peace, Morals And Welfare (Chapter 9.10) Regulations for Commercial Cannabis Business Businesses and Personal Cultivation” clarifying unsuccessful applicants’ ability to apply during separate application periods in the same year. 9. AUTHORIZE AIR POLLUTION CONTROL DISTRICT GRANT APPLICATION TO SUPPORT ELECTRIC VEHICLE CHARGERS AT CITY HALL (HERMANN/READ) Recommendation: 1. Authorize the City Manager, or his designee, to execute and file grant applications with the Air Pollution Control District (APCD) for electric vehicle charging and to execute any related grant applications, certifications, assurances, forms, agreements, and associated documents on behalf of the City; and 2. Authorize the City Manager to approve a Budget Amendment Request to increase the budget reflecting these grant funds, if awarded. PUBLIC HEARING AND BUSINESS ITEMS 10. PUBLIC HEARING - EXPANSION OF THE EXISTING MONTEREY HEIGHTS RESIDENTIAL PARKING PERMIT DISTRICT AND THE ESTABLISHMENT OF THE DANA STREET RESIDENTIAL PARKING PERMIT DISTRICT (STANWYCK/BOCHUM/FUCHS – 30 MINUTES) Recommendation: 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, modifying the Residential Parking Permit District for the Monterey Heights area of the City, establishing days and hours of operation of said district and time of renewal for a parking permit” to include residential properties located on 10-400 blocks of Buena Vista Avenue. 2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing the Residential Parking Permit District for the Dana Street area of the City, establishing days and hours of operation of said district, and time of renewal for a parking permit” for the 400-500 blocks of Dana Street. San Luis Obispo City Council Agenda January 14, 2020 Page 7 11. PUBLIC HEARING - INTRODUCE AN ORDINANCE AMENDING DESIGNATED PORTIONS OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE SECTION 3.04.020, SECTION 3.04.080, SECTION 3.04.090, SECTION 3.04.100 AND SECTION 3.04.130 OF MUNICIPAL CODE CHAPTER 3.04 – TRANSIENT OCCUPANCY TAX (ELKE/HARNETT – 30 MINUTES) Recommendation: Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Sections 3.04.020, Section 3.04.080, Section 3.04.090, Section 3.04.100 and Section 3.04.130 of Municipal Code Title 3.04 – Transient Occupancy Tax” to revise action to collect applicable tax assessments and to clarify the process to appeal. 12. MIOSSI OPEN SPACE CONSERVATION PLAN (HERMANN/HILL – 45 MINUTES) Recommendation: Approve a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Miossi Open Space Conservation Plan and adoption of a Negative Declaration.” 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) ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, January 21, 2020 at 6:00 PM in the Council Chamber, 990 Palm Street, San Luis Obispo, California. San Luis Obispo City Council Agenda January 14, 2020 Page 8 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.