Amended Agenda

Tuesday, July 10, 2012

 

 

Time Change 5:00 PM

 

 

 

SPECIAL MEETING

 

 

Council Hearing Room

990 Palm Street

 

 

CALL TO ORDER:              Mayor Jan Marx

 

ROLL CALL:                        Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter and Mayor Jan Marx

 

PUBLIC COMMENT ON CLOSED SESSION ITEM

 

 

CLOSED SESSION

 

 

CONFERENCE WITH LEGAL COUNSEL –Anticipated Litigation

Pursuant to Government Code § 54956.9 (b)(1) and (b)(2)

One (1) potential action against the City related to a dispute regarding fee assessments and Prado Road reimbursements pursuant to project conditions and agreements of the MD2 project 

  

Added Item

CONFERENCE WITH LEGAL COUNSEL – Existing Litigation

Pursuant to Government Code § 54956.9

SLO Homeless Alliance v City of San Luis Obispo

San Luis Obispo County Superior Court Case No. CV120204

 

 

Adjourn to Regular Meeting of July 10, 2012

 

 

 

7:00 p.m.

 

REGULAR MEETING

 

Council Chamber

990 Palm Street

 

 

CALL TO ORDER:              Mayor Jan Marx

 

ROLL CALL:                        Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter and Mayor Jan Marx

 

PLEDGE OF ALLEGIANCE: Council Member Carter          

 

REPORT FROM CLOSED SESSION - (DIETRICK)

 

 

PRESENTATIONS

 

 

PROCLAMATION – JAY WALTER – (MARX – 5 MINUTES)

 

 

PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total)

The Council welcomes your input.  You may address the Council by completing a speaker slip and giving it to the City Clerk 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.  Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk’s Office in Room 4 of City Hall.

 

 

 

CONSENT AGENDA

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.

 

 

C1.      MINUTES OF TUESDAY, JUNE 12, 2012; AND JUNE 19, 2012.  (CODRON/SCHROEDER)

 

RECOMMENDATION:  Waive oral reading and approve as presented.

 

C2.  Collection of Delinquent Solid Waste Collection and Disposal

        Accounts.  (mattingly/munds)

 

RECOMMENDATION: Adopt a resolution authorizing the San Luis Obispo County Assessor to assess amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described in City Municipal Code Section 8.04.070 as liens against properties involved.

 

C3.      LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE 2012.  (CODRON/SCHROEDER)

 

RECOMMENDATION: Designate Mayor Jan Marx as the voting delegate and Vice Mayor Dan Carpenter as the voting alternate to the League of California Cities Annual Conference.

 

C4.      ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE (ZONING REGULATIONS); CITY FILE #: R/TA 101-11.  (JOHNSON/DAVIDSON)

 

RECOMMENDATION:  Adopt Ordinance No. 1578 (2012 Series) amending Title 17 of the Municipal Code regarding alcohol outlet regulations.

 

C5.      MID HIGUERA REHABILITATION, SPECIFICATION NO. 90073 PROJECT AWARD.

            (Walter/VanBeveren)

 

RECOMMENDATION: 1)  Appropriate $371,665 in approved Urban State Highways Account grant funds; allocating $137,000 for the Mid Higuera Rehabilitation project account and $234,665 for the Bob Jones Trail Connection at Los Osos Valley Road project account.  2)  Award a contract to Cal Portland Construction for the construction of the Mid Higuera Rehabilitation project, including the base project and Additive Alternate #1 for a total contract amount of $711,330.97.  3)  Approve the transfer of $11,000 from various Utilities accounts to the Mid Higuera Rehabilitation project account: $4,000 from the Water Raise Valve Covers account and $7,000 from the Collection Systems Improvements Master Account.   4) Approve the transfer of $29,032 in remaining design funds from the completed design phase to the construction phase of the Mid Higuera Rehabilitation project account.

C6.      2012-13 COMMUNITY PROMOTIONS PROGRAM.  (CODRON/ELKE)

 

RECOMMENDATION: 1)  As recommended by the Tourism Business Improvement District (TBID) Board, approve the second and final two-year extension of the marketing contract with Rosetta Marketing Group, LCC, as successor in interest of Level Studios, LLC. 2)  Approve first year financing of the contract in the amount of $597,000 as recommended by the TBID Board. 3)  Authorize the City Manager to enter into various contracts for Community Promotions not to exceed the 2012-13 budget of $781,500 and based on the recommendations by the Promotional Coordinating Committee (PCC) and the TBID Board.  4)  Authorize the City Manager to enter into contracts utilizing the TBID’s un-appropriated fund balance from the 2011-12 fiscal year for tourism marketing expenditures in 2012-13.

  

C7.      ACCEPTANCE OF GRANT FUNDS AND CREATION OF A CAPITAL IMPROVEMENT ACCOUNT FOR CALLE JOAQUIN AGRICULTURAL RESERVE RIPARIAN ENHANCEMENTS. (CODRON) 

 

RECOMMENDATION: Accept grant funds in amount of $125,000 from the State of California’s Environmental Enhancement and Mitigation Program (EEMP), and appropriate the funds to a new Capital Improvement Project (CIP) account dedicated to riparian enhancements along Prefumo Creek at the Calle Joaquin Agricultural Reserve.

 

 

PUBLIC HEARINGS

 

 

PH1.   CALLING NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION WITH RESPECT TO A BALLOT MEASURE FOR A UTILITY USER TAX MODERNIZATION ORDINANCE, SET PRIORITIES FOR ANALYSIS, ARGUMENTS AND REBUTTALS AND APPOINT TWO MEMBERS OF COUNCIL TO SUBMIT ARGUMENTS AND REBUTTALS.

            (codron/schroeder) – 30 minutes   

 

RECOMMENDATION:  1) Adopt a resolution requesting the Board of Supervisors to consolidate the General Municipal Election on November 6, 2012 with the Statewide General Election for the purpose of submitting to the voters the question relating to repeal and re-enactment of the City’s utility user’s tax ordinance.  2)  Adopt a resolution for the submission of a proposed ballot measure to the qualified voters of the City of San Luis Obispo.  3)  Adopt a resolution setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an Impartial Analysis.  4)  Adopt a resolution providing for the filing of Rebuttal Arguments for a City measure submitted at Municipal Elections.  5) Appoint an ad hoc committee of the City Council to prepare and submit ballot arguments and rebuttal arguments, if warranted.

  

 

BUSINESS ITEMS

 

 Added Item

B1.      AN EMERGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO DECLARING AND REAFFIRMING THE SCOPE AND INTENDED ENFORCEMENT OF THE CITY’S ORDINANCE PROHIBITING THE USE OF VEHICLES AS LIVING AND SLEEPING QUARTERS THROUGHOUT THE CITY OF SAN LUIS OBISPO AND ADOPTING A PARALLEL PROHIBITION TO BE ADDED AS CHAPTER 9.18 (VEHICLE AS DWELLING UNIT) OF THE SAN LUIS OBISPO MUNICIPAL CODE. (DIETRICK) - 30 MINUTES

 

RECOMMENDATION: Consider the adoption of an Emergency Ordinance, to be effective immediately, to 1) prevent the immediate threats to the public health, safety, and welfare associated with the conduct of living in vehicles in unsuitable areas within the City, including on local public streets; and 2) correct a judicial misinterpretation of the City Council’s  intent regarding the scope of Municipal Code Section 17.16.015 and its application to conduct occurring in the public streets, as reflected in the July 3, 2012 ruling in San Luis Superior case SLO Homeless Alliance, et al., case number CV120204.  A Staff Report and Draft Ordinance will be distributed prior to the Council Meeting.

 

 

STUDY SESSION ITEMS

 

 

SS1.   Water rate structure study. (mattingly/horton/munds) – 90 minutes

 

RECOMMENDATION:  Participate in the first of five water rate structure sessions with HDR Engineering.

 

 

 

COUNCIL LIAISON REPORTS (not to exceed 15 minutes)

Council Members report on conferences or other City activities.  Time limit—3 minutes.

 

COMMUNICATIONS (not to exceed 15 minutes)

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)

 

 

ADJOURN.

 

   City Council regular meetings are televised live on Charter Channel 20.  The City of San Luis Obispo is committed to including the disabled in all of its services, programs, and activities.  Telecommunications Device for the Deaf (805) 781-7410.  Please speak to the City Clerk prior to the meeting if you require a hearing amplification device.  For more agenda information, call 781-7100.

 

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office located at 990 Palm Street, San Luis Obispo, during normal business hours. 

 

 

Text Box: POSTING STATEMENT:  I, Sheryll Schroeder, Interim City Clerk, do hereby certify that on July 3, 2012, by 5:00 p.m., a true and correct copy of this agenda was posted on the bulletin board outside City Hall. Reposted July 6, 2012 at 4:15 p.m. Internet access to agendas and related material is available prior to Council Meetings at www.slocity.org.
Sheryll Schroeder, MMC
Interim City Clerk