HomeMy WebLinkAbout03-17-2020 Agenda - Revision #1
San Luis Obispo Page 1
Tuesday, March 17, 2020
4:30 PM
REVISED
REGULAR MEETING
Council Chamber
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
This portion of the meeting has been Cancelled
due to escalating concerns with the COVID-19
Coronavirus outbreak.
PRESENTATION
ADVISORY BODY RECOGNITION EVENT (MAYOR / COUNCIL - 60 MINUTES)
The Mayor and City Council will recognize Advisory Body members for their service,
followed by a short reception in the Council Hearing Room.
ADJOURNMENT
Tuesday, March 17, 2020
5:30 5:00 PM
REVISED*
REGULAR MEETING
Administration
Collaboration Space
Council Hearing Room
990 Palm Street
* Revised for Time and Location
San Luis Obispo Page 2
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
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.
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. 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.
San Luis Obispo City Council Agenda March 17, 2020 Page 3
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.
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Bonnie
Kessner et al v. City of Santa Clara et al; Santa Clara Superior Court Case No. 20CV364054
ADJOURNMENT
Adjourn to the next Regular City Council Meeting scheduled for Tuesday, March 17, 2020 at 6:00
p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
Tuesday, March 17, 2020
6:00 PM
REVISED*
REGULAR MEETING
Council Chamber
990 Palm Street
* Revised to Add Business Item B1(following Agenda Item 12)
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: Vice Chair Gomez
CITY ATTORNEY REPORT ON CLOSED SESSION
APPOINTMENTS
1. 2020 APPOINTMENTS TO CITY ADVISORY BODIES
(HERMANN / PURRINGTON / CHRISTIAN – 5 MINUTES)
Recommendation:
As recommended by the Council Liaison Subcommittees, make appointments to the City of
San Luis Obispo's Advisory Bodies as set forth in the staff report and direct the City Clerk
to continue to recruit for any unfilled vacant positions.
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 March 17, 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.
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
3. MINUTES REVIEW - MARCH 3, 2020 CITY COUNCIL MEETING (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on March 3, 2020.
4. ADDITION OF THE PROPERTY AT 858 TORO STREET TO THE MASTER LIST
OF HISTORIC RESOURCES AS “THE VIRGINIA LEVERING LATIMER
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 858 Toro Street to the Master List of Historic Resources as “The Virginia
Levering Latimer House” (Hist-0701-2019).”
5. AUTHORIZATION TO ADVERTISE ROADWAY SEALING PROJECT 2020,
SPECIFICATION NO. 1000114 (STANWYCK / BANKER-HIX)
Recommendation:
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, amending the Bicycle Transportation Plan (Amended 2019) to
update the alignment of the Beach/King Neighborhood Bicycle Boulevard;” and
2. Approve the project plans and specifications for the Annual Slurry Sealing Project 2020,
Specification No. 1000114; and
3. Authorize staff to advertise for bids and authorize the City Manager to award the
construction contract if the lowest responsible bid is within the Engineer’s Estimate of
$1,822,000.
San Luis Obispo City Council Agenda March 17, 2020 Page 6
6. REQUEST TO ADVERTISE FOR BROAD STREET/WOODBRIDGE PEDESTRIAN
HYBRID BEACON, SPECIFICATION NUMBER 91609 (STANWYCK / RICE)
Recommendation:
1. Approve plans and specifications for the Broad Street/Woodbridge Pedestrian Hybrid
Beacon (PHB), Specification No. 91609; and
2. Authorize staff to formally advertise for bids; and
3. Authorize the City Manager to award the construction contract if the lowest responsible
bid is within the publicly disclosed funding amount of $406,436.
7. AUTHORIZATION TO ADVERTISE AND AWARD RAILROAD SAFETY TRAIL
TAFT TO PEPPER PROJECT, SPECIFICATION NO. 91375 (STANWYCK / WHEELER)
Recommendation:
1. Approve plans and specifications for the Railroad Safety Trail Taft to Pepper Project
(Project), Specification No. 91375, and authorize staff to formally advertise for bids; and
2. Authorize the City Manager to award the construction contract if the lowest responsible
bid is within the publicly disclosed funding amount of $5,070,600; and
3. Authorize the City Manager to award the construction management contract if the lowest
responsible bid is within the publicly disclosed funding amount of $603,750; and
4. Authorize the City Manager to award the railroad services contracts for flagging and
permitting, not to exceed the publicly disclosed funding amount of $110,000.
8. AWARD OF ISLAY HILL PARK PLAYGROUND RENOVATION,
SPECIFICATION NO. 91654 (STANWYCK / KLOEPPER)
Recommendation:
1. Adopt a Resolution entitled, “A Resolution of the Council of the City of San Luis
Obispo, California, approving an Amendment to the Islay Hill Park Playground
Renovation Project and related budgetary appropriations;” and
2. Award a construction contract to R.E. Schultz Construction, Inc. in the amount of
$334,705 for the Islay Hill Park Playground Renovation Project; and
3. Appropriate $38,521 from the Local Revenue Measure Fund balance to the project
account and approve a budget transfer of $500,000 from the Playground Equipment
Annual Asset Maintenance account to the project account.
San Luis Obispo City Council Agenda March 17, 2020 Page 7
9. AWARD CONTRACT FOR THE MARSH STREET BRIDGE REPLACEMENT,
SPECIFICATION NO. 90480 (STANWYCK / McGUIRE)
Recommendation:
1. Award a contract to Souza Construction Inc. in the amount of $4,335,572 for the “Marsh
Street Bridge Replacement, Specification No. 90480;” and
2. Authorize the City Manager to issue construction contract change orders in excess of
$100,000 if within available budget; and
3. Authorize the City Manager to amend the Construction Management Services
Agreement in excess of $50,000 if within available budget.
10. DISINFECTION BYPRODUCT REDUCTION AND PIPE GALLERY
IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000044, CONSTRUCTION
CONTINGENCY (FLOYD / MEEKS / METZ)
Recommendation:
Approve a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing use of Water Fund Unreserved Working Capital to increase
Construction Contingencies for the Disinfection Byproduct Reduction and Water Treatment
Plant Pipe Gallery Improvements Project, Specification No. 1000044.”
11. DEPARTMENT OF JUSTICE LIVESCAN ACCESS FOR EMPLOYMENT
PURPOSES (IRONS / ROLTGEN)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the City Human Resource’s staff to access State and Federal
level summary Criminal History for Employee Background Information through the
Department of Justice.”
12. AUTHORIZE A PROPOSITION 64 PUBLIC HEALTH & SAFETY GRANT
APPLICATION FOR NON-COMPLIANT CANNABIS DELIVERY
ENFORCEMENT (HERMANN / BAILEY)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing submittal of the City’s Cannabis Mobile Delivery
Enforcement Proposal for the Proposition 64 Public Health & Safety Grant administered by
the Board of State and Community Corrections;” and authorize the City Manager, or their
designee, to execute any required grant administration related documentation.
San Luis Obispo City Council Agenda March 17, 2020 Page 8
PUBLIC HEARING AND BUSINESS ITEMS
B1. CONSIDERATION OF DECLARING A LOCAL EMERGENCY WITHIN THE
CITY OF SAN LUIS OBISPO (JOHNSON/DIETRICK - 10 MINUTES)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, proclaiming a Local Emergency within the City of San Luis Obispo
related to the Pandemic of Virus Known as COVID-19.
13. REGIONAL INFRASTRUCTURE AND AFFORDABLE HOUSING STRATEGIC
ACTION PLAN COUNTYWIDE COMPACT (JOHNSON – 20 MINUTES)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, endorsing and authorizing the mayor or designee to sign the San Luis
Obispo Countywide Regional Compact.”
14. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT,
SINGLE AUDIT REPORT, AND ANNUAL AUDIT OF TRANSPORTATION
DEVELOPMENT ACT FUNDS FOR 2018-19 (ELKE – 20 MINUTES)
Recommendation:
Review and accept the Comprehensive Annual Financial Report for Fiscal Year 2018-19.
15. AUTHORIZE THE USE OF FY2018-19 UNDESIGNATED FUND BALANCE FOR
ONE-TIME BUDGET ALLOCATIONS AND FORMALLY ADOPT THE FEDERAL
EMERGENCY AND FEDERAL GRANT PROCUREMENT PROCEDURES
(JOHNSON / ELKE – 30 MINUTES)
Recommendation:
1. Adopt a Resolution entitled, “Resolution of the City Council of the City of San Luis
Obispo, California, approving amendments to the 2019-20 budget allocation for the
General, Water, Sewer, Parking, Transit and Public Art Funds;” and
2. Approve one full-time equivalent position in support of the reorganization of
Community Service departments; and
3. Review recommended changes to the Capital Improvement Plan; and
4. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting the Federal Emergency and Federal Grant Procurement
Procedures.”
San Luis Obispo City Council Agenda March 17, 2020 Page 9
16. REVIEW OF THE PROPOSED “EAST AIRPORT” ANNEXATION OF
APPROXIMATELY 58 ACRES OF PROPERTY (33 PARCELS) ALONG BROAD
STREET AT FARM HOUSE LANE, KENDALL ROAD, PROSPECT STREET AND
ASSOCIATED INFRASTRUCTURE IMPROVEMENTS, INCLUDING APPROVAL
OF A PLAN FOR SERVICES, PRE-ANNEXATION AGREEMENT, AND
APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
(LAFCO) REGARDING THE PROPOSED ANNEXATION, AND ADOPTION OF
AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
(SCH#2000051062) (PL-ANNX-2030-2018; EID-0006-2020)
(CODRON / McCLISH – 60 MINUTES)
Recommendation:
1. As recommended by the Planning Commission, adopt a Resolution entitled, “A
Resolution of the City Council of the City of San Luis Obispo, California, approving the
annexation of the East Airport Annexation Area properties (East Airport Commerce Park
Association, Senn-Glick) to the City of San Luis Obispo (PL-ANNX-2030-2018, EID-
0006-2020).”
2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of
San Luis Obispo, California, adopting amendments to Chapter 17.94 of Title 17 (Zoning
Ordinance) establishing provisions for the continuance of Non-Conforming Uses
existing at the time of annexation within the East Airport Area (PL-ANNX-2030-2018,
EID-0006-2020).”
17. MEMORANDUM OF UNDERSTANDING WITH CAL POLY REGARDING
IMPLEMENTATION OF MITIGATION MEASURES IDENTIFIED IN THE CAL
POLY MASTER PLAN ENVIRONMENTAL IMPACT REPORT
(CODRON / 90 MINUTES)
Recommendation:
Authorize the City Manager to execute the proposed memorandum of understanding with
Cal Poly to ensure that impacts on City services and infrastructure associated with build-out
of the Master Plan are properly identified and mitigated.
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 Agenda March 17, 2020 Page 10
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, April 7, 2020, Closed Session
at 5:30 p.m. in the Council Hearing Room, Regular Session at 6:00 p.m. in the Council Chamber,
990 Palm Street, San Luis Obispo, California.
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.
CITY OF SAN LUIS OBISPO
AFFIDAVIT OF POSTING AGENDA
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) SS.
CITY OF SAN LUIS OBISPO )
AFFIDAVIT OF POSTING – CITY COUNCIL
REGULAR AMENDED AGENDA OF:
MARCH 17, 2020
I, Kevin Christian, declare as follows:
That I am the Deputy City Clerk for the City of San Luis Obispo; that a copy of the above referenced
meeting agenda was posted on the bulletin board outside City Hall, 990 Palm Street, San Luis Obispo,
California, and on the City’s website www.slocity.org at 6:00 p.m. on 03-13-2020.
I declare under the penalty of perjury that the foregoing is true and correct.
________________________
Kevin Christian
Deputy City Clerk