City Council
AGENDA

Tuesday, July 19, 2022 at 5:00 P.m. - 10:00 P.m.

Council Chambers, 990 Palm Street, San Luis Obispo

COUNCIL MEMBER MARX  WILL PARTICIPATE REMOTELY FROM KNOLL HOUSE,
2851 LUND HIGHWAY, POWELL RIVER BRITISH COLUMBIA, V8A 2Z3
COUNCIL MEMBER PEASE WILL PARTICIPATE REMOTELY FROM BEST WESTERN ASTORIA,
PETRINJSKA UL. 71, 10000, ZAGREB, CROATIA

Council meetings may be viewed remotely on Channel 20 and the City's YouTube Channel: http://youtube.slo.city

INSTRUCTIONS FOR PUBLIC COMMENT:

Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):

Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Email - Submit Public Comments via email to . In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.

Voicemail - Call [phone] and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting.

*All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline will not be processed until the following day.

Public Comment during the meeting:

Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers.

Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at or [phone].

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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 LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. No. of potential cases: Three.

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 facts and circumstances that might result in litigation are believed to be not yet known to a potential plaintiff or plaintiffs.

1.c

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Pursuant to Government Code §54956.8

Property:
San Luis Obispo County Assessor Parcel No. 002-482-017

Agency Negotiators:
Derek Johnson, J. Christine Dietrick, Markie Kersten, Shelly Stanwyck, Matt Horn, Brian Nelson, Shelsie Moore

Negotiating Parties:
Madonna Properties II, LLC, a California limited liability company

Under Negotiation:
Price and terms of payment 

Property:
San Luis Obispo County Assessor Parcel No. 002-482-027

Agency Negotiators:
Derek Johnson, J. Christine Dietrick, Markie Kersten, Shelly Stanwyck, Matt Horn, Brian Nelson, Shelsie Moore

Negotiating Parties:
Ronald D. Todd and Roberta J. Todd, as Trustees of the R. Todd Family Trust 

Under Negotiation:
Price and terms of payment 

1.d

ADJOURN CLOSED SESSION

Adjourn to the Regular Meeting of the City Council scheduled for Tuesday, July 19, 2022 at 6:00 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

Vice Mayor Carlyn Christianson will lead the Council in the Pledge of Allegiance.

4.

PRESENTATIONS

4.a

INTRODUCTIONS - NEW / PROMOTED FIRE DEPARTMENT STAFF

Fire Chief Keith Aggson will introduce new members of the Fire Department and recently promoted staff.

4.b

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 6i.

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 5, 2022 COUNCIL MINUTES

Recommendation:
Approve the minutes of the City Council meeting held on July 5, 2022.

6.c

SECOND READING OF ORDINANCE NO. 1716 (2022 SERIES) AMENDING THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE TITLE 5, TO AMEND CHAPTER 5.50 (SIDEWALK CAFES) AND ADD CHAPTER 5.51 (PARKLETS)

• Recommendation:

  Adopt Ordinance No. 1716 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 5 (Licenses, Permits, and Regulations) of the Municipal Code to amend Chapter 5.50 (Sidewalk Cafés) and add Chapter 5.51 (Parklets).”

6.d

SECOND READING OF ORDINANCE NO. 1717 AND 1718 (2022 SERIES) ADDING CHAPTER 8.10 TO THE MUNICIPAL CODE TO REQUIRE ALL-ELECTRIC NEW BUILDINGS AND TO AMEND TITLE 17 TO PROVIDE LIMITED TERM REGULATORY FLEXIBILITY

• Recommendation:
  1. Adopt Ordinance No. 1717 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 8 (Health and Safety) of the San Luis Obispo Municipal Code by adding Chapter 8.10 requiring all-electric new buildings”; and
  2. Adopt Ordinance No. 1718 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code supporting the Clean Energy for New Buildings Program (PL-CODE-0286-2022)” to provide regulatory flexibility through December 31, 2025 in support of the Clean Energy for New Buildings Incentive Program.

6.e

APPROVE A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR 211 CHORRO STREET (THE MULLER-NOGGLE HOUSE AND GARAGE)

• Recommendation:

  As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Historic Property Preservation Agreement between the City and the Owners of the Muller-Noggle House and Garage at 211 Chorro Street (Application No. HIST-0174-2022).”

6.f

APPROVE A TRANSIT SERVICE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL POLY

• Recommendation:

  Authorize the City Manager to enter into a Transit Service Agreement with California State Polytechnic University to provide Transit Service for Fiscal Years 2022-23 and 2023-24.

6.g

AUTHORIZATION TO ADVERTISE CHENG PARK REVITALIZATION PROJECT, SPECIFICATION NO. 91385-10

• Recommendation:
  1. Approve the project plans and special provisions for the Cheng Park Revitalization, Specification 91385-10; and
  2. Authorize staff to advertise for bids; and
  3. Authorize the City Manager to award the Construction Contract for the bid total if the lowest responsible bid is within the Engineer’s Estimate of $400,000; and
  4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and
  5. Authorize an appropriation up to $200,000 in Capital Reserve Funds to support completion of the project; and
  6. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Reserve Fund balance after project completion; and
  7. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support Cheng Park Revitalization, Specification Number 91385-10”.

6.h

DEPLOYMENT OF PUBLIC ELECTRIC VEHICLE CHARGING INFRASTRUCTURE ON CITY PROPERTY

• Recommendation:
  1. Authorize the City Manager to enter into an Agreement with ChargePoint to develop the project scope, conduct site assessments, and prepare design packages in order to develop no-cost deployment of public electric vehicle chargers and related infrastructure on City Property, in a form satisfactory to the City Attorney; and
  2. Direct staff to negotiate terms for a no-cost lease or license agreement with the City’s chosen owner and operator for ChargePoint electric vehicle charging infrastructure; and
  3. Authorize the City Manager to enter into a no-cost lease or license agreement with the City’s chosen owner and operator of ChargePoint electric vehicle charging infrastructure, in a form satisfactory to the City Attorney.

6.i

AUTHORIZATION TO ADVERTISE 2022 PEDESTRIAN CROSSING IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000069

• Recommendation:
  1. Approve the project plans and specifications for the 2022 Pedestrian Crossing Improvements Project, Specification Number 1000069; and
  2. Authorize staff to advertise for bids; and
  3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the publicly disclosed funding amount of $776,250; and
  4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

7.

PUBLIC HEARING AND BUSINESS ITEMS

7.a

APPROVE THE NAMING OF THE CERRO SAN LUIS NEIGHBORHOOD GREENWAY AND AUTHORIZE STAFF TO ADVERTISE THE PROJECT FOR BIDS, SPECIFICATION NO. 1000036 (Estimated Time: 30 minutes)

• Recommendation:
  1. Approve the renaming of the former Anholm Neighborhood Greenway to the Cerro San Luis Neighborhood Greenway; and
  2. Approve the project plans and specifications for the approved Cerro San Luis Greenway, Specification Number 1000036; and
  3. Authorize staff to advertise for bids; and
  4. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the publicly disclosed funding amount of $3,375,000; and
  5. Authorize the City Engineer to approve Contract Change Orders in excess of $200,000 and up to the available project budget; and
  6. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, renaming the ‘Anholm Neighborhood Greenway’ to the ’Cerro San Luis Neighborhood Greenway’”; and
  7. Approve sole source purchases for a decorative art fence and mural and authorize the Public Works Director to award contracts related to design and installation of the public art features up to the available project budget; and
  8. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund and Infrastructure Investment Fund to support Cerro San Luis Neighborhood Greenway, Specification No. 1000036”, and appropriate $1,000,000 from the Capital Projects Reserve Fund and $1,223,000 from the Infrastructure Investment Fund to the Project Account 1000036.

7.b

INTRODUCE TWO ORDINANCES TO 1) REPEAL AND REPLACE CHAPTER 17.138 (INCLUSIONARY HOUSING REQUIREMENTS) AND 2) AMEND TITLE 4 TO ADD CHAPTER 4.60 (COMMERCIAL LINKAGE FEE) (Estimated Time: 90 minutes)

• Recommendation:

  Planning Commission recommends the following actions:

  1. Introduce a draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving the repeal and replacement of the City of San Luis Obispo’s Municipal Code Chapter 17.138 (Inclusionary Housing Requirements) to update regulations for consistency with the 6th Cycle Housing Element with an exemption from Environmental Review (CEQA); and
  2. Introduce a draft Ordinance 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)”; and
  3. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending Inclusionary Housing In-Lieu Fees in accordance with Chapter 17.138 of Title 17 and establishing the amounts of Commercial Linkage Fees in accordance with Chapter 4.60 of Title 4 of the San Luis Obispo Municipal Code and amending the Comprehensive Fee Schedule”; and
  4. Direct staff to develop new incentives for housing developers to ensure the success of Housing Element Programs such as Flexible Density Downtown, Missing Middle Housing, and SB9/Subdivision Regulations Update; and
  5. Direct staff to investigate grants and other options for funding of additional affordable housing programs, such as a First-Time Homebuyers Program.

7.c

DIRECTION ON TERMS OF A COMMUNITY WORKFORCE AGREEMENT FOR THE CULTURAL ARTS DISTRICT PARKING STRUCTURE (Estimated Time: 30 minutes)

• Recommendation:
  1. Based on the substantive differences, on three issues of significance, and the time constraints surrounding the bidding and contracting associated with the Cultural Arts District Parking Structure, acknowledge that a Community Workforce Agreement “CWA” shall not apply to the Cultural Arts District Parking Structure; and
  2. Direct staff to continue to dialogue with the Trades for the Prado Road Interchange and Public Safety Center projects to determine if progress can be made on the open issues.

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 August 16, 2022 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. The Regular Meeting of August 2, 2022 will be cancelled, as approved on November 2, 2021 during the Council's annual calendar review.

 

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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 [phone] at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf [phone].

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 [phone].