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Home My WebLink About12-13-2016 Agenda Tuesday, December 13, 2016 4:00 PM REGULAR MEETING 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, Andy Pease, Dan Rivoire, and Mayor Heidi Harmon PUBLIC COMMENT ON CLOSED SESSION ITEMS CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 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 B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9 Name of case: San Luis Obispo Property and Business Owners Association, Stephen and Janine Barasch, The Barasch Revocable Family Trust, Matthew and Jean Kokkonen, and The Kokkonen Family Trust vs. City of San Luis Obispo; San Luis Obispo County Superior Court Case No. 16CV-0493 RECESS TO THE REGULAR CITY COUNCIL MEETING OF DECEMBER 13, 2016 San Luis Obispo City Council Agenda December 13, 2016 Page 2 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Dan Rivoire, and Mayor Heidi Harmon PLEDGE OF ALLEGIANCE: Council Member Carlyn Christianson CITY ATTORNEY REPORT ON CLOSED SESSION APPOINTMENTS 1. APPOINTMENT TO THE BICYCLE ADVISORY COMMITTEE (BAC) AND TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) (GALLAGHER / GOODWIN – 5 MINUTES) Recommendation In accordance with the recommendations of the Council Subcommittees: 1. Confirm the appointment of Jonathan Roberts to the Bicycle Advisory Committee to complete an unexpired term through March 31, 2020; and 2. Confirm the appointment of Amy Swink to the Tourism Business Improvement District to complete an unexpired term through March 31, 2017. 2. APPOINTMENT TO THE ZONE 9 ADVISORY COMMITTEE (GALLAGHER / GOODWIN – 5 MINUTES) Recommendation Appoint Matt Horn, City Engineer, to serve as the staff representative on the Zone 9 Advisory Committee, effective December 13, 2016, for a term to expire on December 31, 2018. San Luis Obispo City Council Agenda December 13, 2016 Page 3 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. 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. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation Waive reading of all resolutions and ordinances as appropriate. 4. MINUTES OF OCTOBER 4, 2016 REGULAR AND JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING AND OCTOBER 18, 2016 CITY COUNCIL MEETING (GALLAGHER) Recommendation Approve the Minutes of the Regular and Joint City Council and Planning Commission meeting of October 4, 2016 and Regular City Council meeting of October 18, 2016. 5. APPROVAL OF THE FINAL MAP FOR TRACT 3066-1, 3761 ORCUTT ROAD (SBDV-0067-2014) (CODRON / 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 3066-Phase 1 (3761 Orcutt Road, SBDV-0067-2014).” San Luis Obispo City Council Agenda December 13, 2016 Page 4 6. BIENNIAL REVIEW AND AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE (GALLAGHER / PRICE) Recommendation 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending the City’s Conflict of Interest Code”; and 2. Approve a Procedure for Assessing and Waiving Late Fines for Statements of Economic Interest. 7. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2017 (GALLAGHER) Recommendation 1. Cancel the Regular City Council meetings of August 1 and December 19, 2017; and 2. Reschedule the Regular City Council meeting of July 4 to July 5, 2017. 8. LEASE AGREEMENT WITH THE COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO FOR THE OPERATION OF THE PRADO DAY CENTER (CODRON / OROZCO) Recommendation 1. Approve a lease agreement between the City of San Luis Obispo and the Community Action Partnership of San Luis Obispo (CAPSLO) through December 31, 2017 for use of the Prado Day Center; and 2. Authorize City Manager to approve any monthly lease extensions after December 31, 2017. 9. AUTHORIZE THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT WITH THE CENTRE FOR ORGANIZATION EFFECTIVENESS (COE) FOR EMPLOYEE AND LEADERSHIP DEVELOPMENT PROGRAM (IRONS / ROLTGEN) Recommendation 1. Authorize the issuance of a purchase order to the COE in the amount of $125,000; and 2. Authorize the City Manager to execute a sole source agreement with the COE not to exceed $125,000 for Fiscal Year 2016-17 to continue a comprehensive employee and leadership development and core competency program for the City of San Luis Obispo. San Luis Obispo City Council Agenda December 13, 2016 Page 5 10. AUTHORIZE THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) TO CONTRACT WITH DISABILITY ACCESS CONSULTANTS (DAC) TO CONDUCT AMERICANS WITH DISABILITIES ACT COMPLIANCE WORK (IRONS) Recommendation 1. Authorize the issuance of a purchase order to the CJPIA in the amount of $250,000; and 2. Authorize the City Manager to enter into a MOU with the CJPIA not to exceed $250,000 for fiscal years 2016-17 and 2017-18 to have DAC conduct Americans with Disabilities Act (ADA) compliance work. 11. ORDINANCE ADOPTION – AMENDMENT TO SECTION 13.07.030 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING RESTRICTIONS ON OUTDOOR IRRIGATION OF PUBLIC FACILITY TURF WITH POTABLE WATER (GRIGSBY / MATTINGLY / STANWYCK / HORN) Recommendation Adopt Ordinance No. 1631 (2016 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Section 13.07.030 of the San Luis Obispo Municipal Code regarding restrictions on outdoor irrigation of public facility turf with potable water.” 12. RESOLUTION EXTENDING THE DELEGATION OF INVESTMENT AUTHORITY TO THE CITY TREASURER THROUGH THE 2016-17 FISCAL YEAR (BRADFORD / PARDO) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the city of San Luis Obispo, California extending the delegation of Investment Authority to the City Treasurer through the 2016-17 Fiscal Year.” 13. ADOPTION OF ADMINISTRATIVE REVIEW BOARD BYLAWS (DIETRICK / WHITE) Recommendation As recommended by the Administrative Review Board, adopt the inaugural Administrative Review Board Bylaws. San Luis Obispo City Council Agenda December 13, 2016 Page 6 14. SETTLEMENT AGREEMENT BETWEEN PACIFIC GAS AND ELECTRIC COMPANY RELATED TO DIABLO POWER PLANT CLOSURE JOINT PROPOSAL (LICHTIG / DIETRICK / JOHNSON) Recommendation Receive and file a settlement agreement between Pacific Gas and Electric Company (PG&E), the County of San Luis Obispo, Coalition of Cities (City of Arroyo Grande, City of Atascadero, City of Morro Bay, City of Paso Robles, City of Pismo Beach, and City of San Luis Obispo), San Luis Coastal Unified School District, Friends of The Earth, Natural Resources Defense Council, Environment California, International Brotherhood of Electrical Workers Local 1245, Coalition of California Utility Employees, and Alliance for Nuclear Responsibility. BUSINESS ITEMS 15. CONSIDERATION OF SETTLEMENT OF PUBLIC EMPLOYMENT RELATIONS BOARD (PERB) CASE (IRONS / DIETRICK – 30 MINUTES) Recommendation 1. Approve negotiated settlement of the pending PERB case between San Luis Obispo Police Officers Association (SLOPOA) and the City and adopt a resolution amending Resolution 6620 to remove the SLOPOA from application of the existing dispute resolution process and add a new section governing the process for resolution of disputes/impasse between the City and the SLOPOA; and 2. The finalized report will be issued under a separate cover and linked here when available. 16. WATER RESOURCE RECOVERY FACILITY PROJECT - FUNDING RESOLUTIONS (MATTINGLY / HIX – 30 MINUTES) Recommendation 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the reimbursement to the State Water Resources Control Board for the financing of the Water Resource Recovery Facility upgrade,” and authorize the Utilities Director to sign and file the financial assistance application for the Water Resource Recovery Facility project; and 2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, pledging sewer fund revenues to the State Water Resources Control Board for the financing of the Water Resource Recovery Facility upgrade”; and San Luis Obispo City Council Agenda December 13, 2016 Page 7 3. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, seeking reimbursement from the State Water Resources Control Board for certain advanced moneys related to the construction of the Water Resource Recovery Facility upgrade.” 17. 2017-19 FINANCIAL PLAN PROCESS, ECONOMIC OUTLOOK AND CONSIDERATION OF PROPOSED CHANGES TO THE CITY’S BUDGET POLICIES (BRADFORD – 60 MINUTES) Recommendation 1. Review and approve the 2017-19 Financial Plan Goal Setting Process; and 2. Review and discuss the results of the Economic Outlook for the 2017-19 Financial Plan development; and 3. Review and approve proposed changes and direction regarding the City’s Budget and Fiscal Policies. 18. 2016 WATER RESOURCES STATUS REPORT (MATTINGLY / FLOYD / METZ / BOERMAN – 30 MINUTES) Recommendation Receive and file the 2016 Water Resources Status Report. 19. ADOPTION OF THE CITY OF SAN LUIS OBISPO’S PUBLIC ART MASTER PLAN (STANWYCK / MUDGETT - 30 MINUTES) Recommendation As recommended by the Parks and Recreation Commission (PRC), adopt the City of San Luis Obispo’s Public Art Master Plan. 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 13, 2016 Page 8 COUNCIL COMMUNICATIONS (Not to exceed 15 minutes) At this time, any Council Member or the City M anager 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 3, 2017 at 4:00 p.m. and 6:00 p.m., respectively, 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, 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 AGENDA OF: DECEMBER 13, 2016 I, Heather Goodwin, 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 of December 13, 2016 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 4:00 p.m. on December 7, 2016. I declare under the penalty of perjury that the foregoing is true and correct. HEATHER GOODWIN DEPUTY CITY CLERK 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 AMENDED AGENDA OF: December 13, 2016. I, Erica Gardner, declare as follows: That I am the Administrative Assistant for the City of San Luis Obispo; that a copy of the above referenced meeting amended agenda of December 13, 2016 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 2:30 p.m. on December 9, 2016. I declare under the penalty of perjury that the foregoing is true and ADMIN ASSISTANT 7DE _- THENewspaper of the Central Coast 2016 CLERK MBtY_`*NT 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD # 2788957 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates to wit; DECEMBER 3, 2016 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. (Signat e of Principal Clerk) DATED: DECEMBER 3, 2016 AD COST: $240.12 i n CMOF &MI,f{Ar11tt7 w,/JNJA PO SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC MEETING San Luis Obispo City Council Invites all Inlerestcd persons to 1d a public meeting on Tuesday, pacember 13, 2016, at i parr In'the City Hall Council Chamber, 994 Palm Street, Luis Obispo. California, relative to the following: public hearing to consider the following: 1. Receive and file the draft Preliminary Design Report; and 2. Approve a contrast amendment with CH2M for membrana bioreactor protateclion; and 3. Adopt a resolution authorizing reimbursement to the State Water Resources Control hoard far the: financing of the Water Resource Recovery Facility project and authorize the Ulilllios Director to sign and ilia the financial assistance application for the Water Resource Recovery Facility project-, and 4. Adopt a resolution pledging sewer fund revenues to State Water Resources Control Board for the financing of the Water Resource Recovery Facility project; and S. Adopt a resolution requesling reimbursement of advanced monies related to the construction of the Water Resource Re- covery Facility project: and 6. Introduce an ordinance authorizing procurement for a Con- struction Manager at Risk contractor; and 7. Authorize the release of the Request for Qualifications for Construction Manager at Risk. 'or more information, you are invited to contact Dave Hix of the ;sty's Utility Department at (805) 781-7039 or by email at dhix® e City Council may also discuss other hearings or business me before or after the items listed above. Reports for this meet- I will be available for review in the City Clerk's Office and online www.sloCi1;or on Wednesday, December 7. 2016. Please call a City Clerk's Office at (805) 781-7100 for more information. a City Council meeting will be televised live on Charter Cable lannal 20 and live streaming on www slocity.org. Carrie Gallagher City Clerk City of San Luis Obispo pecsmber 3, 2016 2788957 Newspaper of the Central Coast nDID roko -1b R ---_ DEC 0 6 2016 +_ o CITY CLERK{ 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Superior Court of The State of California - - In and for the County of San Luis Obispo crffOF AFFIDAVIT OF PUBLICATION �y SonLmsO w8po SAN LUIS OBISPO CITY COUNCIL AD # 2816297 NOTICE ING -CORRECTION NOTICE MEETING,HEAR F PUBLIC CITY OF SAN LUIS OBISPO The San Luis Obispo City Council invites OFFICE OF THE CITY CLERK all interested persons io attend a public meeting on Tuesday, December 13, 2016, at 6:00 p.m. in the City Hall Coun- cil Chamber, 990 Palm Street, San Luis STATE OF CALIFORNIA Obispo, California, relative to the follow - [ng: SS. County of San Luis Obispo Q RECTION NOTICE —this item was previously noticed as a public hearing with an ordinance introduction, and is now be- I am a citizen of the United States and a resident of the ing considered as a business item with no ordinance introduction. County aforesaid; I am over the age of eighteen and not WATER R�E RECOVERY interested in the above entitled matter; I am now, and at FACILITY PROJECi�— Fl1tQIHG all times embraced in the publication herein mentioned RESOLUTIONS was, the principal clerk of the printers and publishers of 1. Adopt a resolution authorizing reim- bursement to the State Water Resources THE TRIBUNE, a newspaper of general Circulation, Control Board for the financing of the Wa- printed and published daily at the Ci tyof San Luis ter Resource Recovery Facility project and authorize the UH6[les Diteolor to sign and Obispo in the above named county and state; that notice file the financial assislarnce application for the Water Resource Recovery Facility pro] - at which the annexed clippings is a true copy, was sot; and published in the above-named newspaper and not in an y fund 2. Adopt a resolution pledging urce Con revenues to State Water Resources Con - supplement thereof — on the following dates to wit; trol Board for the financing of the Water Re- DECEMBER 3, 2016 that said newspaper was duly and source Recovery Facility project; and 3. Adopt a resolution requesting reim- regularly ascertained and established a newspaper of bursement of advanced monies related to the construction of the Water Resource Re - general circulation by Decree entered In the Superior covery Facility project. Court of San Luis Obispo County, State of California, on For more information, you are invited to June 9, 1952, Case #19139 under the Government Code contact Dave Hix of the City's Utility De- partment at (805) 781-7039 or by email at of the State of California. dhixa t ft.M The City Council may also discuss other I certify (or declare) under the penalty of perjury that the hearings or business items before or aftei foregoing is true and correct. the items listed above. Reports for this meeting will be available for review in the �f. City Claks Office and online at wwwA an Wednesday, 6- (� rk's Office at (80 Please call tate City CIBrk's Oiflce at {805) Pleas 781-7100 for more information. The City Clerk (SI �Il f3e of Principal ) Council meeting will be televised live or DATED: DECEMBER 3, 2016 Charter Cable Channel 20 and live stream AD COST: $180.96 ing on www.slocltv.oro. Carrie Gallagher City Clerk City of San Luis Obispo []acernbeF 3, 2016 2816297