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Home My WebLink About09-17-2019 Agenda Amended Tuesday, September 17, 2019 5:00 PM CLOSED SESSION Council Hearing Room 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice Mayor Andy Pease and Mayor Heidi Harmon 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: 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 to the Regular City Council Meeting scheduled for Tuesday, September 17, 2019 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo California. Tuesday, September 17, 2019 6:00 PM AMENDED AGENDA REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 2 Item #5 Pulled By Staff CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice Mayor Andy Pease and Mayor Heidi Harmon PLEDGE OF ALLEGIANCE: Council Member Christianson PRESENTATIONS 1.RIDE SHARE WEEK (WILLIAMSON - 5 MINUTES) San Luis Obispo Council of Governments representative Peter Williamson will make a presentation on "Rideshare Week." 2.PROCLAMATIONS NATIONAL MUSEUM DAY (HARMON - 5 MINUTES) Mayor Harmon will proclaim Saturday, September 21, 2019 as “National Museum Day.” RAIL SAFETY WEEK (HARMON - 5 MINUTES) Mayor Harmon will proclaim September 22 – 28, 2019 as “Rail Safety Week.” 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 September 17, 2019 Page 3 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. DRAFT MINUTES REVIEW - SEPTEMBER 3, 2019 CITY COUNCIL MEETING (PURRINGTON) 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 (CODRON / HILL / READ) Recommendation: Pulled by Staff 6. MEADOW PARK PEDESTRIAN BRIDGES REPLACEMENT PROJECT, SPECIFICATION NO. 1000017 (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 Meadow Park Pedestrian Bridge Replacement Project and related budgetary appropriations;” 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. San Luis Obispo City Council Agenda September 17, 2019 Page 4 7. RESPONSE TO THE 2018-19 GRAND JURY REPORT ON FIRE RISK MANAGEMENT (AGGSON / BETZ) Recommendation: 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 (STANWYCK / McGUIRE) Recommendation: 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 (STANWYCK / NELSON) Recommendation: 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 (HERMANN / ERQUIAGA) Recommendation: 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. San Luis Obispo City Council Agenda September 17, 2019 Page 5 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) (CODRON / LEVEILLE) Recommendation: Adopt an Ordinance 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)” 12. ADVERTISE COUNCIL CHAMBER AUDIO/VIDEO REPLACEMENT PROJECT, SPECIFICATION NO. 1000120 (HERMANN / HORN / PURRINGTON) Recommendation: Adopt a Resolution 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. San Luis Obispo City Council Agenda September 17, 2019 Page 6 PUBLIC HEARING 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 (CODRON / BELL – 60 MINUTES) Recommendation: Receive both staff and applicant presentations on the project proposal and 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). 14. RESPONSE TO THE 2018-19 GRAND JURY REPORT ON AFFORDABLE HOUSING (JOHNSON / CODRON / BETZ – 30 MINUTES) 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. 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 September 17, 2019 Page 7 ADJOURNMENT 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. 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.