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HomeMy WebLinkAbout10-21-14 Amended Agenda Special + Regular Agenda City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Amended Agenda* Tuesday, October 21, 2014 4:30 PM SPECIAL MEETING Council Chamber 990 Palm Street *This Amended Agenda includes the addition of Closed Session Item B CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx BUSINESS ITEM B1. 2013 TRAFFIC SAFETY REPORT (GRIGSBY/GESELL/HUDSON/RICE - 30 MINUTES) Recommendation Receive and file the 2013 Traffic Safety Report and approve the associated safety projects. CLOSED SESSION – Based on the advice from the City Attorney, discussion in open session of the following described matter would prejudice the position of the City in existing and anticipated litigation. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: New Cingular v City of Alameda, et al, Superior Court of California, County of Los Angeles, Case No. BC 462270; this case was previously known as Donald Sipple, et al. v City of Alameda, et al. San Luis Obispo - Regular Meeting Agenda of October 21, 2014 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case. 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 allegations by the California Department of Transportation, Aeronautics Division regarding non-compliance with the California Public Utilities Code relating to the City’s proposed overrule of the Airport Land Use Commission’s inconsistency determination regarding the City’s General Plan/Land Use Circulation Element update project. PUBLIC COMMENT ON CLOSED SESSION ITEM RECESS TO CLOSED SESSION TO BE HELD IN THE COUNCIL HEARING ROOM San Luis Obispo - Regular Meeting Agenda of October 21, 2014 Page 3 6:00 p.m. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Council Member Ashbaugh CITY ATTORNEY REPORT ON CLOSED SESSION INTRODUCTIONS INTRODUCTION OF PETER WILLIAMSON, RIDESHARE EMPLOYER OUTREACH COORDINATOR – UPDATE ON RIDESHARE MONTH ACTIVITIES (MARX - 5 MINUTES) PRESENTATIONS PROCLAMATION – DENTAL HYGIENE MONTH (MARX - 5 MINUTES) Presentation of a Proclamation declaring October as “Dental Hygiene Month.” 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 - Regular Meeting Agenda of October 21, 2014 Page 4 CONSENT AGENDA 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. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation Waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF CITY COUNCIL MEETINGS OF SEPTEMBER 16, 23, AND 30, 2014 (MEJIA) Recommendation Approve the Minutes of the City Council meetings of September 16, 23, and 30, 2014. C3. CALLE JOAQUIN SEWER FORCE MAIN REPLACEMENT - SPECIFICATION NO. 91133 (MATTINGLY/METZ) Recommendation 1. Approve Contract Amendment No. 4 with AECOM for design services for the Calle Joaquin Sewer Force Main Replacement Project, Specification No. 91133, in the amount of $10,954. 2. Approve the transfer of $10,954 from the Sewer Fund Completed Projects account to the project’s design phase account. 3. Approve plans and specifications for the Calle Joaquin Sewer Force Main Replacement, Specification No. 91133, and authorize staff to advertise for bids when signed by the City Engineer. 4. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $650,000. 5. Authorize the Utilities Director to execute a Right of Entry Agreement with the underlying property owner in the form attached hereto and subject to any subsequent modifications approved by the City Attorney. San Luis Obispo - Regular Meeting Agenda of October 21, 2014 Page 5 C4. APPROVAL OF THE FINAL MAP FOR TRACT 2560-PHASE 2 - 215 BRIDGE STREET (TR 64-03) – RESOLUTION (JOHNSON/HANNULA/DOSTALEK) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2560-Phase 2 (215 Bridge Street, TR 64-03),” and authorizing the Mayor to execute the Subdivision Agreement and Biological Open Space Easement Agreement on behalf of the City. C5. PRADO ROAD BRIDGE WIDENING - SPECIFICATION NO. 91203 (GRIGSBY/ HUDSON) Recommendation 1. Approve “Alternative 1” as the preferred conceptual design for the Prado Road Bridge widening project as recommended in the feasibility report by Wallace Group and Quincy Engineering, and proceed with the environmental study and engineering for the “Prado Rd. Bridge Widening, Specification 91203.” 2. Appropriate $390,000 in Transportation Impact Fee funds for continuing project study and engineering. 3. Authorize staff to pursue potential 2017 construction funding thru the Federal Local Highway Bridge Program (HBP) as administered by Caltrans. PUBLIC HEARINGS PH1. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT - RESOLUTION (CODRON/CANO – 15 MINUTES) Recommendation 1. Conduct a public hearing to receive testimony regarding the City Council’s intention to continue the citywide Tourism Business Improvement District. 2. Determine whether a legally sufficient protest is made. 3. If no legally sufficient protest is made, adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District, and affirming the establishment of the district.” San Luis Obispo - Regular Meeting Agenda of October 21, 2014 Page 6 PH2. FINAL ACTION ON THE LAND USE AND CIRCULATION ELEMENT (LUCE) UPDATE PROJECT INCLUDING: OVERRULE OF THE AIRPORT LAND USE COMMISSION'S DETERMINATION THE LUCE UPDATE PROJECT IS INCONSISTENT WITH THE AIRPORT LAND USE PLAN AND ADOPTION OF APPROPRIATE RESOLUTIONS AND FINDINGS TO APPROVE THE LUCE UPDATE AND IMPLEMENTATION – RESOLUTIONS AND ORDINANCE INTRODUCTION (JOHNSON/MURRY – 180 MINUTES) As recommended by the Planning Commission 1. Adopt a Resolution to overrule the Airport Land Use Commission's determination of inconsistency relative to noise contours and type and density of land uses within safety zones S-1b, S-1c, and S-2 of the Airport Land Use Plan. 2. Adopt a Resolution approving: a) updates to the City's Land Use and Circulation Elements (LUCE) project, including the South Broad Street Area Plan; and (b) Compendium of changes to the draft documents including findings to support a determination that project modifications do not warrant additional environmental review in conformance with California Environmental Quality Act (CEQA) Section 15162; and related amendments to the Noise, Safety, and Conservation and Open Space Elements of the General Plan for internal consistency; and (c) Land Use Element map changes to reflect updated land use designations. 3. Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code (GPI/ER 15-12)” to establish an Airport Overlay Zone, Special Focus Areas Overlay Zone, and amending Zoning designations for LUCE special focus areas. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit—3 minutes. COUNCIL COMMUNICATIONS (not to exceed 15 minutes) 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 - Regular Meeting Agenda of October 21, 2014 Page 7 ADJOURNMENT The next City Council Meeting will be held on Monday, November 10, 2014 in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. Closed Session Items will be considered at 4:30 p.m. The Regular Session will begin at 6:00 p.m. Note: The Regular Council Meeting of Tuesday, November 4, 2014 was previously rescheduled due to Election Day. 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) 781-7107. 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, 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.