City Council - March 07, 2023
1. CLOSED SESSION: STARTS AT 4:00 PM
1.a
CALL TO ORDER
Mayor Erica A. Stewart will call the Closed Session Meeting of the San Luis Obispo City Council to order in the Finance & IT Conference Room at City Hall, 990 Palm Street, San Luis Obispo.
1.b
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public comment will only be accepted for Closed Session items.
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 are set forth in a letter from Kevin I. Shenkman, Attorney at Law, on behalf of his client Southwest Voter Registration Education Project, which is on file and available for review in the City Clerk’s Office located at 990 Palm Street.
1.d
ADJOURNMENT
The City Council will hold a Regular Meeting on March 7, 2023 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.
3. PLEDGE OF ALLEGIANCE
Council Member Emily Francis will lead the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a
INTRODUCTIONS - UTILITIES SOLID WASTE & RECYCLING MANAGER AND UTILITIES BUSINESS MANAGER Utilities Director Aaron Floyd will introduce Meg Buckingham, Solid Waste & Recycling Manager, and Shane Whittington, Business Manager for the Utilities Department.
4.b
INTRODUCTIONS - PARKS MAINTENANCE SUPERVISOR, PARKING SERVICES SUPERVISOR, CAPITAL IMPROVEMENT ADMINISTRATIVE MANAGER Public Works Director Matt Horn will introduce Billy Harvey, Parks Maintenance Supervisor; Jose Leon, Parking Services Supervisor; and Greg Cleary, Capital Improvement Program Administrative Manager.
4.c
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS REGIONAL TRANSPORTATION PLAN PRESENTATION The City Council will receive a presentation on the San Luis Obispo Council of Governments (SLOCOG) Regional Transportation Plan.
4.d
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 6a to 6e.
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 - FEBRUARY 15, 2023 AND FEBRUARY 21, 2023 COUNCIL MINUTES
1. 02-15-2023 City Council Draft Minutes - Special Closed Session Meeting.pdf
2. 02-21-2023 City Council Draft Minutes - Regular Meeting.pdf Recommendation:
Approve the following minutes of the City Council:
February 15, 2023 - Special Closed Session Meeting
February 21, 2023 - Regular Meeting
6.c
AUTHORIZE THE REPLACEMENT OF ACTIFLO MIXER GEARBOXES AS PART OF WATER TREATMENT PLANT MAJOR FACILITY MAINTENANCE
1. Authorize Purchase of Replacement Parts for the Actiflo Mixers at the Water Treatment Plant, Specification No. 1000542-05.pdf
2. A - WTP Actiflo Mixer Gearbox Replacement Notice of Exemption.pdf
3. B - MISCOwater and Philadelphia Mixing Solutions sole source letter and bid estimate.pdf
4. C - Project Vicinity Map (Spec. No. 1000542-05).pdf
Recommendation:
Approve the purchase and installation of replacement parts for the City’s Water Treatment Plant (WTP) Actiflo Mixer Gearboxes and authorize the City Manager to execute a Sole Source Purchase Agreement with MISCOwater in the amount of $500,322; and Authorize the use of Water Fund Undesignated Capital for the purchase and installation of replacement parts for the City Water Treatment Plant Actiflo Mixers in the amount of $255,322, Specification No. 1000542-05; and Find the project exempt from the California Environmental Quality Act (CEQA).
6.d
AWARD NORTH CHORRO NEIGHBORHOOD GREENWAY PROJECT, SPECIFICATION NO. 1000036
1. Item 6d. Horn - Staff Agenda Correspondence.pdf
2. Authorization to Award North Chorro Neighborhood Greenway Project, Specification No. 1000036.pdf
3. A - Draft Construction Agreement with Souza Engineering Contracting Inc.pdf
4. B - Draft Resolution Authorizing Funds to Support CSL Greenway.pdf
5. C - Project Plans (Spec. 1000036).pdf
6. D - Project Specifications (Spec. 1000036).pdf
7. F - North Chorro Neighborhood Greenway Bid Results.pdf
8. G - John Madonna Construction Responsiveness Letter.pdf
9. H - John Madonna Construction Response .pdf
Recommendation:
Award a construction contract for the North Chorro Neighborhood Greenway Project to Souza Engineering Contracting Inc. DBA Souza Construction in the amount of $6,076,939; and Authorize the City Engineer to approve construction contract change orders up to and in excess of $200,000, if within the available project budget; and Adopt a Draft Resolution entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Undesignated Local Revenue Measure Funds and Capital Projects Reserve Funds to support the North Chorro Neighborhood Greenway Project, Specification No. 1000036" to appropriate $1,600,000 in undesignated Local Revenue Measure fund balance to the project; and Appropriate $218,708 in Capital Projects Reserve funding to the project; and Authorize a transfer of existing funding in the following amounts to the project account:
Transfer $100,000 from Sidewalk Annual Asset Maintenance Account (Spec. No. 90849) Transfer $141,101 from the Streetlights Annual Asset Maintenance (Spec. No. 91616) Transfer $100,000 from Pedestrian Crossing Improvements (Spec. No. 1000069) Transfer $76,869 from Active Transportation Plan-Pedestrian Facility Improvements (Spec. No. 1000502-01) Transfer $105,507 from Active Transportation Plan-Bicycle Facility Improvements (Spec. No. 1000502-02) Transfer $94,600 from Railroad Safety Trail (Taft to Pepper) (Spec. No. 91375) Transfer $178,340 from California/Foothill Railroad Crossing (Spec. No. 91293) Transfer $90,837 from 862 Aerovista Development VMT Fair Share Mitigation Fee (Account No. 701-0000-47202) Transfer $4,520 from Sewer Manhole Cover Adjustments (Spec. No. 1000084) Transfer $21,008 from Water Valve Cover Adjustments (Spec. No. 91149) Transfer $164,715 from the Morro, Mill, Santa Rosa Sewer Project (Specification No. 1000561) Approve the final project plans and specifications for the North Chorro Neighborhood Greenway Project.
6.e
APPROVE FY 2022-23 BUDGET AMENDMENT AND ONGOING BUDGET ALLOCATIONS FOR THE 2023-25 FINANCIAL PLAN
1. Budget Allocations for the 2023-25 Financial Plan.pdf
2. A - Draft Resolution approving budget allocations for the 2023-25 Financial Plan.pdf Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving an amendment to the adopted 2022-23 Budget Appropriations and the 2023-25 Financial Plan.”
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a
INTRODUCE AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE MUNICIPAL CODE TO AUTHORIZE DESIGNEES OF THE POLICE CHIEF TO ISSUE CITATIONS FOR ALL INFRACTION AND MISDEMEANOR VIOLATIONS OF THE MUNICIPAL CODE (Estimated Time: 30 minutes)
1. Item 7a. Scott and Amoroso - Staff Agenda Correspondence.pdf
2. Introduce an Ordinance amending sections of the Municipal Code related to CSO Citation Authority.pdf
3. A - Draft Ordinance Adopting CSO Citation Authority.pdf
4. B - California Penal Code section 836.5.pdf
5. C - California Penal Code section 853.3.pdf
6. D - California Penal Code section 853.6.pdf
7. E - Current SLOMC Section 1.16.060.pdf
8. F - Current SLOMC Section 10.08.070.pdf
9. G - Current SLOMC Section 10.68.020.pdf
Recommendation:
Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 1 “General Provisions”, Chapter 16 “Citation Procedure”, Section 1.16.060 “Code Enforcement Officer Designation Authority”; amending Title 10 “Vehicles and Traffic”, Chapter 10.08 “Administration”, Section 10.08.070 and Chapter 10.68 “Inoperative Vehicles”, Section 10.68.020; and amending Title 9 “Public Pease, Morals and Welfare” to add Chapter 9.60 “Enforcement” in order to authorize designees of the Police Chief, including Community Service Officers, to issue citations for all Infraction and Misdemeanor Violations of the Municipal Code and making a determination of exemption under the California Environmental Quality Act.”
7.b
INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 9.10 AND CHAPTER 17.86 OF THE MUNICIPAL CODE MODIFYING SPECIFIC RULES FOR CANNABIS RETAIL STOREFRONT OPERATIONS (Estimated Time: 60 minutes)
1. Cannabis Business Program Update and Introduce an Ordinance amending Chapter 17.86 and Chapter 9.10.pdf
2. A - Draft Ordinance amending Chapter 17.86 and Chapter 9.10 Cannabis Retail Storefront Operations.pdf Recommendation:
Receive an update on the City’s Cannabis Business Program; and Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.86 (Regulations for Specific Land Uses and Activities) and Chapter 9.10 (Cannabis Regulations) of the Municipal Code modifying specific rules for commercial cannabis business retail storefront operations.”
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 March 21, 2023 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) 781-7114 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) 781-7114.