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Home My WebLink About12-15-2015 Agenda Tuesday, December 15, 2015 4:00 PM REGULAR MEETING Council Hearing Room 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx 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: 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 allegations by the group California River Watch in a letter to the City from its counsel, Jack Silver, that the City has committed violations of the Clean Water Act. The letter, dated October 8, 2015, is on file with the City Clerk. 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: 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 are the procurement and installation of equipment included in the 2015-17 Financial Plan, but not finally approved in accordance with City purchasing guidelines. San Luis Obispo City Council Agenda December 15, 2015 Page 2 C. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9; Name of case: State Water Resources Control Board Case No. SWB-2008-3-0016 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APNs 002-416-031, 002-416-035 and 002-416-038 Negotiating parties: City of San Luis Obispo: Katie Lichtig, Derek Johnson, J. Christine Dietrick, Anne Russell, Michael Codron and Lee Johnson San Luis Obispo Court Street, LLC: Tom Copeland, Suzanne Fryer, Mark Rawson (aka San Luis Obispo Chinatown, LLC) Under negotiation: Price and terms of payment E. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9; Name of case: San Luis Obispo Police Officers Association v. City of San Luis Obispo; State of California Public Employment Relations Board Case No. LA-CE-729-M ADJOURN TO REGULAR MEETING OF JANUARY 5, 2016 San Luis Obispo City Council Agenda December 15, 2015 Page 3 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Council Member Ashbaugh CITY ATTORNEY REPORT ON CLOSED SESSION PRESENTATIONS 1. PROCLAMATION - RON MUNDS RETIREMENT (MARX – 5 MINUTES) Presentation of a Proclamation to Ron Munds, Utilities Service Manager, recognizing his upcoming retirement with the City of San Luis Obispo. 2. PROCLAMATION - COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO COUNTY, INC (CAPSLO) (MARX – 5 MINUTES) Presentation of a Proclamation to Elizabeth "Biz" Steinberg representing Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO), recognizing CAPSLO's 50th Anniversary. 3. PRESENTATION BY CHRIS KOFRON, REPRESENTING U.S. FISH AND WILDLIFE SERVICE, PRESENTING A CONSERVATION AWARD TO THE CITY OF SAN LUIS OBISPO (HILL/OTTE – 10 MINUTES) 4. PRESENTATION BY RON REGIER, PERFORMING ARTS CENTER MANAGING DIRECTOR, REGARDING THE PERFORMING ARTS CENTER STRATEGIC PLAN UPDATE (LICHTIG/REIGER – 10 MINUTES) San Luis Obispo City Council Agenda December 15, 2015 Page 4 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 all ow 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. 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. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation Waive reading of all resolutions and ordinances as appropriate. 6. MINUTES OF THE CITY COUNCIL MEETING OF NOVEMBER 3, 2015 (MAIER) Recommendation Approve the Minutes of the City Council meeting of November 3, 2015. 7. FISCAL YEAR 2014-15 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES (JOHNSON) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2014-15 annual report on Development Impact Fees and reaffirming the necessity of development impact fees and a finding that fees are needed in the Airport Area Specific Plan.” San Luis Obispo City Council Agenda December 15, 2015 Page 5 8. AUTHORIZATION FOR SLO TRANSIT OPERATIONS AND MAINTENANCE CONTRACT - REQUEST FOR PROPOSALS (GRIGSBY/ANGUIANO) Recommendation Authorize the issuance of a Request for Proposal (RFP) to operate and maintain the City’s Transit system. 9. 2016 STANDARD SPECIFICATION AND ENGINEERING STANDARD UPDATE (GRIGSBY/LYNCH/ATHEY) Recommendation 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving revised Standard Specifications and Engineering Standards for Construction.” 2. Authorize the City Engineer to release projects currently in design or approved by Council under the 2014 City Standard Specifications on a case by case basis. 10. ORDINANCE NO. 1627 (SECOND READING) - AMEND MUNICIPAL CODE CHAPTER 13.16 TO ALLOW FOR LIMITED INTERIM WATER AND SEWER SERVICE ASSOCIATED WITH FIERO LANE AND CLARION COURT AREA (805 FIERO LANE) (CODRON/CARLONI) Recommendation Adopt Ordinance No. 1627 (2015 Series) entitled “An Ordinance of the Cit y Council of the City of San Luis Obispo, California amending Municipal Code Chapter 13.16 to allow interim water and sewer service associated with the proposed future annexation of the Fiero Lane and Clarion Court area (850 Fiero Lane).” PUBLIC HEARINGS 11. UPDATE TO NOTIFICATION STANDARDS (CODRON/VAN LEEUWEN – 45 MINUTES) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting revised development review notification requirements,” and direct staff to pursue the additional enhancements to public notification and outreach. San Luis Obispo City Council Agenda December 15, 2015 Page 6 BUSINESS ITEMS 12. ADOPTION OF THE OPEN SPACE MAINTENANCE PLAN (STANWYCK / HILL / OTTE / CARSCADEN / STEPHENSON – 45 MINUTES) Recommendation As recommended by the Parks and Recreation Commission: Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the City of San Luis Obispo 2015 Open Space Maintenance Plan and adoption of a Negative Declaration,” pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15063(b)(2). 13. MEDICAL MARIJUANA RESOLUTION (DIETRICK/CODRON – 20 MINUTES) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, reaffirming that the City’s Permissive Zoning Code prohibits marijuana businesses, operations and uses, including cultivation of medical marijuana in the City, and making a finding that the resolution is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3).” STUDY SESSION 14. 2015 WATER RESOURCES STATUS REPORT (MATTINGLY / FLOYD / METZ / MUNDS – 45 MINUTES) Recommendation Receive and file the 2015 Water Resources Status Report. COUNCIL LIAISON REPORTS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit—3 minutes each. San Luis Obispo City Council Agenda December 15, 2015 Page 7 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) ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, January 5, 2016 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) 781-7107. 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. Page intentionally left blank. 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 AGENDA OF: December 15, 2015 I, Kevin Christian, declare as follows: That I am the Administrative Assistant for the City of San Luis Obispo; that a copy of the above referenced meeting agenda of December 15, 2015 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 5:00 p.m. on December 8, 2015. I declare under the penalty of perjury that the foregoing is true and correct. VIN CHRISTIAN ADMIN ASSISTANT