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Home My WebLink About09-18-2018 AgendaTuesday, September 18, 2018 5:30 PM REGULAR MEETING Council Hearing Room 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson and Mayor Heidi Harmon PUBLIC COMMENT ON CLOSED SESSION ITEM CLOSED SESSION 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 the following: A July 20, 2018 letter from Orcutt Associates, LLC’s attorney threatening litigation regarding the City’s compliance with Reimbursement Agreement dated November 20, 2007 and amended in July 22, 2011. A copy of the July 20, 2018 letter is on file with the City Clerk’s office. Adjourn to the Regular Meeting of Tuesday, September 18, 2018 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California. Tuesday, September 18, 2018 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 2 CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson and Mayor Heidi Harmon PLEDGE OF ALLEGIANCE: Council Member Rivoire CITY ATTORNEY REPORT ON CLOSED SESSION PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total) The Council welcomes your input. You may addr ess the Council by completing a speaker slip and giving it to the City C lerk 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 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. 1.REVIEW MINUTES OF THE SEPTEMBER 4, 2018 CITY COUNCIL MEETING (PURRINGTON) Recommendation Approve the minutes of the City Council meeting held on September 4, 2018. San Luis Obispo City Council Agenda September 18, 2018 Page 3 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation Waive reading of all resolutions and ordinances as appropriate. 3. AWARD CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CONTRACT, WATER RESOURCE RECOVERY FACILITY PROJECT (MATTINGLY / HIX) Recommendation Award a contract to Carollo Engineers, Inc. in the amount of $8,285,452 for Construction Management and Inspection Services for the Water Resource Recovery Facility Project, Specification No. 91363CM and authorize the City Manager to execute the agreement. 4. ADOPTION OF ORDINANCES APPROVING THE COMPREHENSIVE UPDATE TO THE CITY’S ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL CODE AND ASSOCIATED ZONING AMENDMENTS (CODRON / DAVIDSON) Recommendation: Adopt Ordinance 1650, entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California repealing and replacing Title 17 of the Municipal Code (Zoning Regulations) to implement the Land Use and Circulation Element (LUCE), clarify and advance City goals and policies, provide internal consistency, and to re -organize the Zoning Code, including the adoption of a Negative Declaration of Environmental Review, as represented in the staff report and attachments dated August 21, 2018 (Zoning Regulations, GENP-0327-2017);” and Adopt Ordinance 1651, entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Ordinance No. 1130 (1989 Series), modifying the design criteria, Section 5 (Code-1630-2018; south side of Monterey Street between 103 and 2223 Monterey, inclusive);” and Adopt Ordinance 1652, entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City’s Zoning Map to designate approximately 20.2 acres within the R-1 and C/Os-20 zones on the West Side of Broad Street, south of Serrano Drive, as R-1-S, Low-Density Residential Zone and C/Os-S-20, Conservation/Open Space with a Special Considerations Overlay (RZ-1629-2018; 159 & 161 Broad Street and 141 Bressi Place).” San Luis Obispo City Council Agenda September 18, 2018 Page 4 5. BIENNIAL REVIEW AND AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE (HERMANN / PURRINGTON) Recommendation: 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.” 6. EMERGENCY SERVICES AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY (OLSON / BLATTLER) Recommendation: Authorize the Mayor to execut e a succession Agreement with California Polytechnic State University, in a form subject to the approval of the City Attorney, for emergency response services to Cal Poly. 7. APPROVAL OF THE FINAL MAP FOR TRACT 3083 WEST CREEK, 1299 ORCUTT ROAD (SBDV-1769-2015) (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 3083 West Creek (1299 Orcutt Road, SBDV-1769-2015).” 8. STORM EVENT REIMBURSEMENT PROCESSING (ELKE) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, designating its agents for disaster reimbursement.” 9. ADOPTION OF AN ORDINANCE ESTABLISHING CANNABIS BUSINESS OVERLAY ZONES WHERE CANNABIS BUSINESS ACTIVITY MAY BE PERMITTED WITHIN THE CITY (CODRON) Recommendation: Adopt Ordinance 1653, entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City’s Zoning Code and Zoning Map to designate seven areas of the city as Cannabis Business Overlay Zones where cannabis businesses may be located as may be allowed or conditionally allowed by the underlying zoning district and the rules and regulations established in t he City’s Municipal Code (CODE-1058-2017).” San Luis Obispo City Council Agenda September 18, 2018 Page 5 10. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO, CITY OF SAN LUIS OBISPO POLICE DEPARTMENT, AND RISE (CANTRELL) Recommendation: Authorize the City Manager to sign the Memorandum of Underst anding between the City of San Luis Obispo, City of San Luis Obispo Police Department and RISE (Respect Inspire Support Empower). 11. A PUBLIC HEARING TO ADD PROPERTIES TO THE MASTER LIST OF HISTORIC RESOURCES AND TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES (CODRON / OETZELL) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California adding the property located at 1568 Higuera Street to the Master List of Historic Resources as “The Miles Fitzgerald Home” and adding the property located at 1582 & 1592 Higuera Street and 1061 Grove Street to the Contributing Properties List of Historic Resources (HIST-1458-2018)” PUBLIC HEARING AND BUSINESS ITEMS 12. RESOLUTION OPPOSING STATE PROPOSITION 6 TO REPEAL THE GAS TAX INCREASE, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AS APPROVED IN SB 1 BY THE STATE LEGISLATURE (GRIGSBY – 10 MINUTES) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of S an Luis Obispo, California, opposing Proposition 6 – SB 1 Repeal,” to support ongoing allocation of state funds to maintain and repair state, county, and city transportation infrastructure. 13. CLIMATE ACTION PLAN UPDATE STATUS REPORT, GREENHOUSE GAS EMISSIONS INVENTORY UPDATE, AND DIRECTION ON GREENHOUSE GAS REDUCTION TARGETS (CODRON / FOWLER / HILL / READ – 60 MINUTES) Recommendation: 1. Receive and file the 2018 provisional community greenhouse gas emissions inventory report and presentation; and 2. Provide direction to staff regarding updated greenhouse gas targets. San Luis Obispo City Council Agenda September 18, 2018 Page 6 14. PUBLIC HEARING TO INTRODUCE AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM AND TO ADOPT AND IMPLEMENT RELATED PROCESSES (HERMANN / HILL / READ – 75 MINUTES) Recommendation 1. Receive the CCE Technical Study and presentation; and 2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, authorizing the implementation of a community choice aggregation program”; and 3. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the joint powers agreement establishing Central Coast Community Energy on behalf of the City of San Luis Obispo”; and 4. Appoint two Council members to serve as the City’s representatives on Central Coast Community Energy’s Board of Directors; and 5. Direct staff to continue to support Central Coast Community Energy implementation and program launch until such time that the new agency has hired staff and transitioned to an operational, independent agency. 15. MIOSSI BROTHERS LA CUESTA RANCH OPEN SPACE ACQUISITION (JOHNSON / HILL – 30 MINUTES) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California authorizing the acquisition of a portion of the Miossi Brothers La Cuesta Ranch property identified as Assessor Parcel Nos. 070-241-013; 073-231-008; 073-271-013; and 073-341-003 (Portion) totaling approximately 266 acres in unincorporated San Luis Obispo County.” San Luis Obispo City Council Agenda September 18, 2018 Page 7 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) ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, October 2, 2018 at 6 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 meet ings 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 participat e 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. Page intentionally left blank.