Agenda — San Luis Obispo City Council, May 3, 2022

City Council - May 03, 2022

1. CLOSED SESSION: STARTS AT 4:30 PM

PUBLIC COMMENT WILL BE ACCEPTED FOR CLOSED SESSION ITEMS ONLY

1.a

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property
:

San Luis Obispo County Assessor Parcel Nos. 076-352-061; 076-352-062; 076-382-005; 076-383-001; 076-383-002 Agency Negotiators
:

Derek Johnson, City Manager
J. Christine Dietrick, City Attorney
Markie Kersten, Assistant City Attorney
Greg Hermann, Deputy City Manager
Robert Hill, Sustainability & Natural Resources Official Chris Read, Sustainability Manager
Negotiating Parties
:

Union Oil of California
Under Negotiation
:

Real Property Price and Terms

1.b

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property
:

San Luis Obispo County Assessor Parcel Nos. 073-341-034; 073-341-036; 073-341-038; 073-341-039 Agency Negotiators
:

Miossi Brothers La Cuesta Ranch, Inc.

Under Negotiation
:

Real Property Price and Terms

1.c

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property
:

Portion of City of San Luis Obispo Right-of-Way between Calle Joaquin Road and Old Calle Joaquin Road; San Luis Obispo County Assessor Parcel Nos. 001-031-028 and 002-412-018.

Agency Negotiators
:

Negotiating parties to be identified through a response to Request for Proposals after negotiating parameters are established.

Under Negotiation
:

Negotiating parameters for lease of City owned parking spaces to a private entity for the purpose of constructing, owning, and operating electric vehicle charging infrastructure at one or more of the above specified sites.

1.d

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:

In November 2019, a letter was received from Robert Goodman, Attorney at Law, on behalf of his client Jamie Gomez, asserting that the City of San Luis Obispo’s method of conducting elections may violate the California Voting Rights Act.

Pursuant to California law, Mr. Goodman, on behalf of his client Jamie Gomez, demanded that the City Council adopt a resolution within 45 days of receipt of the letter outlining its intention to transition from at-large to district elections and specifying specific steps it will take to facilitate this transition. The deadline for the City Council to adopt a resolution to this effect would have been the end of December 2019, but extensions to the resolution-adoption deadline have been negotiated and the deadline now stands at May 10, 2022. If a resolution has not been adopted by the May 10 deadline, and no further extension has been granted, then legal action may be commenced in San Luis Obispo County Superior Court to seek to compel the City of San Luis Obispo to institute district elections pursuant to the California Voting Rights Act. The original demand letter is on file with the City Clerk and available for public inspection upon request.

1.e

ADJOURN CLOSED SESSION
Adjourn to the Regular Meeting of the City Council scheduled for Tuesday, May 3, 2022 at 6:00 pm, at the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

2. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.

3. PLEDGE OF ALLEGIANCE
Council Member Michelle Shoresman will lead the Council in the Pledge of Allegiance.

4. PRESENTATIONS AND INTRODUCTIONS

4.a

PRESENTATION - LAGUNA MIDDLE SCHOOL COMMUNITY SERVICE AWARDS Mayor Stewart will present community service awards to students of Laguna Middle School.

4.b
PROCLAMATION - ETO PARK 20TH ANNIVERSARY
Mayor Stewart will present a proclamation to celebrate the 20th Anniversary of Eto Park, which is dedicated to the Eto Family.

4.c

PROCLAMATION - NATIONAL TOURISM MONTH
Mayor Stewart will proclaim the month of May as "National Tourism Month."

4.d

INTRODUCTIONS - NEW AND PROMOTED UTILITIES STAFF
Utilities Director Aaron Floyd will introduce the Utilities Department's new and promoted staff.

4.e

CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.

5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. 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.

6. CONSENT AGENDA
Not to exceed 15 minutes. 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.

Recommendation:

To approve Consent Calendar Items.

6.a

WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

6.b
MINUTES REVIEW - APRIL 19, 2022 COUNCIL MINUTES

1. 04-19-2022 City Council Draft Minutes.pdf
Recommendation:

Approve the minutes of the City Council meeting held on April 19, 2022.

6.c
ADOPT ORDINANCE NO. 1711 (2022 SERIES) TO AMEND THE CITY’S EXISTING FRANCHISE AGREEMENTS WITH SAN LUIS GARBAGE COMPANY TO IMPLEMENT STATE ORGANICS RECYCLING LAW (SENATE BILL 1383) REQUIREMENTS

1. O-1711 Second Reading - San Luis Garbage Co. Hauler Franchise Agreements.pdf

2. A - Ordinance No. 1711 (2022 Series).pdf

3. B - Ordinance Exhibit A - Solid Waste Agreement.pdf

4. C - Ordinance Exhibit B - Recycling Agreement.pdf

5. D - Ordinance Exhibit C - Organics Agreement.pdf
Recommendation:

Adopt Ordinance No. 1711 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending its Franchise Agreements with San Luis Garbage Company to implement SB 1383 requirements.”

6.d

APPROVE A CONTRACT AMENDMENT WITH MANAGEMENT PARTNERS TO ALLOW FOR CONTINUED WORK ON PROJECT DELIVERY FOR VARIOUS CIP PARK PROJECTS

1. Authorize Amendment to extend work on CIP Project Delivery with Management Partners .pdf

2. A - Amendment No. 1 to Management Partners Agreement.pdf

3. B - Agreement with Management Partners.pdf

4. C - City Manager Report to Authorize Agreement for Phase 1.pdf

5. D - Sole Source Justification for Management Partners.pdf

6. E - Exhibit to the Contract Amendment.pdf
Recommendation:

Approve Contract Amendment No. 1 with Management Partners to allow for continued work on the City’s Capital Improvement Plan (CIP) project delivery; and Authorize the City Manager to execute the proposed Contract Amendment No. 1 with Management Partners; and Approve a Budget Amendment Request in the amount of $70,000 from CIP Project Delivery Augmentation (Project No. 1000500) to the CIP Project Engineering Other Contract Services Account.

6.e
ADOPTION OF ORDINANCE NO. 1696 (2021 SERIES) AMENDING CHAPTER 12.04 (ENCROACHMENTS AND EXCAVATIONS) AND 12.20 (PARK REGULATIONS) OF THE SAN LUIS OBISPO MUNICIPAL CODE TO CLARIFY THAT TENTS AND SIMILAR STRUCTURES ARE PROHIBITED ENCROACHMENTS IN CITY PARKS

1. O-1696 Second Reading - Amend Muni Code to Clarify Tents and Similar Structures .pdf

2. A - Ordinance No. 1696 (2021 Series) amending Chapter 12.04 (Encroachments) and 12.20 (Park Regs).pdf

3. B - Administrative Interpretation and Directive.pdf
Recommendation:

Adopt Ordinance No. 1696 (2021 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 12.04 and Chapter 12.20 of the San Luis Obispo Municipal Code to clarify expressly that tents and similar structures are prohibited encroachments in public parks.”

6.f

SURPLUS DESIGNATION OF FIRE FLEET ASSET BY SALE, AUCTION OR TRADE-IN

1. Surplus Designation of Fire Fleet Asset By Sale, Auction or Trade-in.pdf Recommendation:

Authorize the surplus designation of the Fire Department’s Fleet Asset No. 0331, a 2003 Pierce Lance Pumper, by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480.

6.g
AUTHORIZE AMENDMENT NUMBER 5 TO THE TRANSIT OPERATIONS & MAINTENANCE CONTRACT WITH FIRST TRANSIT, INC

1. Authorize Amendment No. 5 to the Transit Operations and Maintenance Contract with First Transit.pdf

2. A - First Transit Agreement Amendment No. 5.pdf

3. B - Sole Source Justification.pdf
Recommendation:

Authorize the Mayor to execute Amendment No. 5 to the Transit Operations & Maintenance Agreement with First Transit Inc. to exercise the third extension until June 30, 2023 at the agreed upon and negotiated rate not to exceed $2,626,896 for FY 2022-23; and Authorize the Mayor to approve the sole source procurement to the Transit Operations & Maintenance Agreement with First Transit Inc. to extend the term until June 30, 2024 at the agreed upon and negotiated rate to not exceed $3,078,597 for FY 2023-24; and Authorize the Director of Public Works or their designee to amend and make changes to Amendment No. 5 in accordance with the terms and conditions of the agreement with First Transit for operations and maintenance for fixed route services.

6.h
ADOPTION OF ORDINANCE NO. 1712 (2022 SERIES) APPROVING THE POLICY AND CONTINUED USE OF MILITARY EQUIPMENT BY THE CITY IN ACCORDANCE WITH ASSEMBLY BILL NO. 481

1. O-1712 Second Reading - Approving a Military Equipment Policy in accordance with AB 481.pdf

2. A - Assembly Bill 481.pdf

3. B - Ordinance No. 1712 (2022 Series).pdf

4. C - Policy 709 Military Use Equipment.pdf
Recommendation:

Adopt Ordinance No. 1712 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, adopting a Military Equipment Use Policy” and approving continued use of military equipment by the agency in accordance with Assembly Bill No. 481.

6.i

ADVISORY BODY APPOINTMENTS FOR VACANCIES ON JACK HOUSE COMMITTEE, TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD, AND REVENUE ENHANCEMENT OVERSIGHT COMMISSION

1. Advisory Body Appointment for Continuous Vacancy - May 2022.pdf Recommendation:

As recommended by the Council Liaisons, confirm the appointments of Toni Kincaid
to the Jack House Committee (JHC), Keith Dunlop to the Citizens’ Revenue Enhancement Oversight Commission (REOC), and Clint Pearce to the Tourism Business Improvement District Board (TBID).

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a
WATER RESOURCE STATUS REPORT (Estimated Time: 30 minutes)

1. 2022 Water Resource Status Report.pdf

2. A - 2022 Water Supply and Demand Assessment v2.pdf

3. B - 2020 Water Shortage Contingency Report.pdf

4. C - Executive Order N-7-22.pdf
Recommendation:

Receive and file the City’s 2022 Water Supply and Demand Assessment

7.b
TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) HEARING REGARDING THE ISSUANCE OF A TAX-EXEMPT DEBT OBLIGATION TO FINANCE CONSTRUCTION OF 68 AFFORDABLE HOUSING UNITS AT 3750 BULLOCK LANE (Estimated Time: 15 minutes)

1. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Tiburon Place.pdf

2. A - Draft Resolution approving the Issuance of Tax-Exempt Revenue Bonds by CMFA.pdf Recommendation:

Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986; and Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the issuance of Revenue Bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $30,000,000 to finance an affordable rental housing facility for the benefit of Tiburon Place, L.P., and certain other matters relating thereto” allowing the issuance of the Bonds by the California Municipal Finance Authority for the benefit of People’s Self-Help Housing Corporation, on behalf of Tiburon Place, L.P., a California limited partnership, or an ownership entity to be created by the Sponsor or an affiliate of the Sponsor, to provide for the financing of the Project; such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Section 6500, et seq.

8. 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 their 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)

9. ADJOURNMENT
The next Regular Meeting of the City Council will be held on May 17, 2022 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

LISTENING ASSISTIVE DEVICES
for the hearing impaired - see the 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 https://www.slocity.org/government/mayor-and-city-council/agendas-and-minutes . Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100.

San Luis Obispo City CouncilMay 3, 2022

San Luis Obispo City Council
May 3, 2022