City Council - August 16, 2022
1. CLOSED SESSION: STARTS AT 5:00 PM
1.a
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators:
Nickole Domini, Britani Roltgen, Che Johnson, Derek Johnson, J. Christine Dietrick, Shelly Stanwyck Represented Employee Organizations:
San Luis Obispo City Employee’s Association (SLOCEA)
San Luis Obispo Police Officer’s Association (POA)
San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523
Unrepresented Employees:
Unrepresented Management Employees
Unrepresented Confidential Employees
1.b
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property:
APN 002-435-023
Agency Negotiators:
Derek Johnson, City Manager;
Christine Dietrick, City Attorney;
Markie Kersten, Assistant City Attorney;
Shelly Stanwyck, Assistant City Manager;
Greg Hermann, Deputy City Manager;
Matt Horn, Director of Public Works;
Brian Nelson, City Engineer;
Shelsie Moore, Supervising Civil Engineer;
Wyatt Banker-Hix, Engineer III
Negotiating Parties:
Thomas Michael Maino and Gena Estelle Maino, Trustees of the Maino Family Revocable Trust Under Negotiation:
Price and terms of payment
1.c
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:
The City has received a litigation threat from the Maino Family Trust arising from the City’s alleged encroachments of the City’s Marsh Street Bridge project onto private property. Correspondence regarding these issues is available for review in the City Clerk’s Office located at 990 Palm Street.
1.d
ADJOURN CLOSED SESSION
Adjourn to the Regular Meeting of the City Council scheduled for Tuesday, August 16, 2022 at 5:30 p.m. in 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.
Note
: On July 5, 2022, the City Council adopted
Ordinance No. 1715 (2022 Series)
, which amended the start time of Regular Meetings from 6:00 p.m. to 5:30 p.m. This change goes into effect for the August 16, 2022 Council Meeting and will continue for all future meetings of the City Council. Please review the Staff Report
for more details on this amendment.
3. PLEDGE OF ALLEGIANCE
Council Member Andy Pease will lead the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a
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 5a to 5k.
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 - JULY 19, 2022 AND JULY 26, 2022 COUNCIL MINUTES
1. 07-19-2022 City Council Draft Minutes - Regular Meeting.pdf
2. 07-26-2022 City Council Draft Minutes - Special Closed Session.pdf Recommendation:
Approve the following minutes of the City Council:
July 19, 2022 - Regular Meeting Minutes
July 26, 2022 - Special Closed Session Minutes
6.c
SECOND READING AND ADOPTION OF ORDINANCE NO. 1719, UPDATING THE INCLUSIONARY HOUSING ORDINANCE, AND ORDINANCE NO. 1720, ESTABLISHING A COMMERCIAL LINKAGE FEE
1. Second Reading of O-1719 (IHO Update) and O-1720 (Commercial Linkage Fee).pdf
2. A - Ordinance No. 1719 (2022 Series).pdf
3. B - Ordinance No. 1720 (2022 Series).pdf
Recommendation:
Adopt Ordinance No. 1719 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving an update to the City’s Inclusionary Housing Ordinance of the Municipal Code (Chapter 17.138) with an exemption from Environmental Review (CEQA)”; and Adopt Ordinance No. 1720 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 4 of the City of San Luis Obispo Municipal Code to add Chapter 4.60 to establish a Commercial Linkage Fee with an exemption from Environmental Review (CEQA)”.
6.d
AUTHORIZE ADVERTISEMENT OF WASTEWATER COLLECTION INFRASTRUCTURE RENEWAL STRATEGY REPORT AND FLOW STUDY UPDATE
1. Authorize Advertisement of Wastewater Collection Infrastructure Renewal Strategy Report and Flow Study Update.pdf
2. A - WWC Infrastructure Renewal Strategy (Flow Study) RFP.pdf
3. B - Wastewater IRS and Flow Study NOE.pdf
4. C - Draft Resolution authorizing Sewer Fund for IRS Flow Study Project.pdf Recommendation:
Approve the request for proposals for the Infrastructure Renewal Strategy (IRS) Report Update and associated Flow Study (Project), Specification No. 91736; and Authorize staff to advertise the Project for proposals and bids; and Authorize the City Manager to award the contract for the Project if the lowest responsible bid is within available project funding of $430,000; and Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Sewer Fund Unassigned Working Capital for preparation of the Infrastructure Renewal Strategy Report Update and associated Flow Study, Specification No. 91736” in the amount of $180,000.
6.e
AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES TO PROVIDE SPECIALIZED SERVICES FOR THE PRADO ROAD INTERCHANGE PROJECT
1. Prado Interchange - Authorization to Advertise for Consultant Services.pdf
2. A - RFP for Value Analysis for the Prado Interchange.pdf
3. B - PAED Agreement between City and Caltrans for the Prado Interchange.pdf Recommendation:
Authorize advertisement of a Request for Proposals for Value Analysis (VA) services for the Prado Road Interchange Project; and Authorize advertisement of a Request for Proposals for design services in the Project Approval/Environmental Document (PA/ED) phase of work in a form agreed on by the City Engineer and City Attorney; and Authorize advertisement of a Request for Proposals for design services in the Plans, Specifications, and Estimate (PS&E) Phase of work in a form agreed on by the City Engineer and City Attorney; and Authorize the City Manager to execute an agreement with the selected consultant in each case; and Authorize the City Engineer to execute and amend the Purchase Order for selected consultants if within the available project budget.
6.f
APPROVE AN AMENDMENT TO THE FUNDING AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR THE PRADO ROAD INTERCHANGE
1. Amendment to the Funding Agreement with the County of San Luis Obispo for the Prado Road Interchange.pdf
2. A - Prado Interchange Funding Agreement Amendment No. 1.pdf Recommendation:
Recommendation:
Approve Amendment No. 1 to the Funding Agreement with the County of San Luis Obispo for its contribution of $1,435,260 towards construction of the Prado Road Interchange to extend the term of the Agreement and authorize the City Manager to execute the Amendment.
6.g
AUTHORIZATION TO APPLY FOR FUELS REDUCTION PROJECT GRANT FUNDING THROUGH THE READY, SET, GO! PROGRAM
1. Authorize the Fire Department to apply for the Ready, Set, Go! Program Fuels Reduction Grant.pdf Recommendation:
Authorize the Fire Department to apply to the Ready, Set, Go! Program’s Fuels Reduction Project Grant Funding for a grant in the amount of $10,000 to conduct fuel reduction work along the East Fork of the San Luis Obispo Creek; and Authorize the City Manager, or their designee, to execute the grant documents and approve the budget changes necessary to appropriate the grant amount upon notification that the grant has been awarded.
6.h
FIRE MUTUAL AID REIMBURSEMENT RESOLUTION AMENDMENT
1. Fire Mutual Aid Reimbursement Resolution Amendment.pdf
2. A - California Fire Assistance Agreement 5.1.2020 – 12.31.2024.pdf
3. B - Draft Resolution Fire Mutual Aid Terms and Conditions.pdf
4. C - Resolution No. 11234 (2021 Series).pdf
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, identifying the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident” to expand the City’s ability to seek full reimbursement for eligible mutual aid responses to fires and other disasters by adding two new Fire Department positions to the list of eligible employees and repealing the previous Resolution No. 11234 (2021 Series).
6.i
APPROVE AN ON-CALL TECHNOLOGY PROJECT MANAGEMENT CONSULTANT SERVICES CONTRACT WITH ARCHER STREET, LLC
1. Approve an On-call Technology Project Management Consultant Services Contract with Archer Street, LLC.pdf
2. A - RFQ for Technology Project Management Consultant Services.pdf
3. B - On Call Agreement with Archer Street LLC.pdf
4. C - Draft Resolution amending FY2022-23 Fund Balance Budget Allocations.pdf
5. D - Archer Street LLC, Scope of Services.pdf
Recommendation:
Authorize the City Manager to execute an agreement with the selected on-call consulting firm; and Authorize the Finance Director to execute and amend purchase orders in an amount not-to-exceed the authorized project budget; and Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation” to appropriate $52,000 of the City’s Information Technology Replacement Unassigned Fund balance to the Community Development operating budget for Technology Project Management Consultant Services.
6.j
ANNUAL SPECIAL TAX LEVY REPORT FOR THE CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH)
1. Annual Special Tax Levy Report San Luis Ranch CFD.pdf
2. A - San Luis Ranch CFD Tax Report FY 2022-23.pdf
3. B - Ordinance No. 1697 (2021 Series).pdf
Recommendation:
Receive and file the Annual Special Tax Levy Report for the City of San Luis Obispo Community Facilities No. 2019-1 (San Luis Ranch).
6.k
ANNUAL SPECIAL TAX LEVY REPORT FOR THE CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (AVILA RANCH)
1. Annual Special Tax Levy Report Avila Ranch CFD.pdf
2. A - Avila Ranch CFD Tax Report FY 2022-23.pdf
3. B - Ordinance No. 1642 (2017 Series).pdf
Recommendation:
Receive and file the Annual Special Tax Levy Report for the City of San Luis Obispo Community Facilities No. 2017-1 (Avila Ranch).
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a
IMPLEMENTATION OF GOVERNOR’S EMERGENCY DROUGHT MANDATES (Estimated Time: 30 minutes)
1. Authorization to Implement Governor's Executive Order Drought Mandates.pdf
2. A - Draft Resolution Declaring Stage 2 Water Shortage Contingency Plan .pdf Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City of San Luis Obispo, California, declaring that the City enter into Stage 2, the “Warning Stage”, of its 2020 Water Shortage Contingency Plan;” and Authorize staff to implement water demand reducing measures outlined within Stages one and two, the “Warning” and “Watch” stages, of its Water Shortage Contingency Plan.
7.b
POLICE DEPARTMENT 2020/2021 CRIME COMPARISON AND UPDATE (Estimated Time: 60 minutes)
1. Police Department Annual Crime Report.pdf
2. A - 2021 Crime Update.pdf
Recommendation:
Receive and file the 2020/2021 Police Department Crime Report.
8. STUDY SESSION
8.a
STUDY SESSION: TRANSIT PROGRAM ANALYSIS (Estimated Time: 60 minutes)
1. Study Session - Transit Program Analysis.pdf
2. A - Transit Analysis by IBI Group.pdf
Recommendation:
Receive a report updating Council on SLO Transit and the Transit Program Analysis, which was recently completed by IBI Group.
9. 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)
10. ADJOURNMENT
The next Regular Meeting of the City Council will be held on September 6, 2022 at 5:30 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 meetings are televised live on Charter Channel 20 and the City's YouTube Chanel:
http://youtube.slo.city
. 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.