Amended Agenda*

Tuesday, May 6, 2014

 

 

3:45 p.m.

 

SPECIAL MEETING

 

Council Hearing Room

990 Palm Street

 

 *This Amended Agenda includes the addition of the
City Attorney Report on Closed Session at the Regular Meeting

CALL TO ORDER:             Mayor Jan Marx

 

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

 

PUBLIC COMMENT ON CLOSED SESSION ITEM

 

 

CLOSED SESSION – Based on the advice from the City Attorney discussion in open session of the following described matters would prejudice the position of the City in existing litigation.

 

 

A.                CONFERENCE WITH LEGAL COUNSEL - Existing Litigation, Pursuant to Government Code § 54956.9

 

Donald Sipple, et al., v. The City of Alameda, California, et al, and DOES 1 to 50, Inclusive, Los Angeles County Superior Court Case No. BC462270

 

Adjourn to Special Meeting of May 6, 2014


 

 

4:00 p.m.

 

SPECIAL MEETING

 

Council Chamber

990 Palm Street

 

 

CALL TO ORDER:             Mayor Jan Marx

 

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

 

 

PRESENTATIONS

 

 

MUNICIPAL INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA AWARD (PADILLA/SCHMIDT/HORN - 5 MINUTES)

 

DIRECTED GIVING PROGRAM UPDATE (GESELL/STORTON - 10 MINUTES) - Click Here for the Following: Directed Giving /Meter Donation Station Project Partnership Agreement

 

SAN LUIS OBISPO TRANSIT 40TH ANNIVERSARY (GRIGSBY - 5 MINUTES)

 

 

PUBLIC COMMENTS ON AGENDA ITEMS ONLY: You may address the Council on any item described in this agenda by completing a speaker slip and giving it to the City Clerk prior to the meeting. The Mayor will invite public comments before the Council takes action on each item. (Gov. Code Sec. 54954.3(a)) Your speaking time is limited to three (3) minutes. (CC&P Sec.1.3.7)

 

 

 

PUBLIC HEARING

 

 

 

 

 

PH1.    CONSIDERATION OF AN ORDINANCE PROHIBITING MEDICAL MARIJUANA CULTIVATION, PROCESSING AND DISTRIBUTION – ORDINANCE INTRODUCTION (JOHNSON/HERMANN – 60 minutes) - Click Here for the Following: ordinance memo

 

Recommendation

 

Introduce an ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, prohibiting Medical Marijuana cultivation, processing and distribution;” that would add Chapter 9.61 to the San Luis Obispo Municipal Code prohibiting medical marijuana cultivation, processing and distribution in all areas of the City, with limited exceptions, and find the action exempt from the California Environmental Quality Act.

 

Adjourn to Regular Meeting of May 6, 2014

 

 

6:00 p.m.

 

REGULAR MEETING

 

Council Chamber

990 Palm Street

 

 

CALL TO ORDER:             Mayor Jan Marx

 

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

 

PLEDGE OF ALLEGIANCE: Council Member Ashbaugh

 

CITY ATTORNEY REPORT ON CLOSED SESSION*

 

 

PRESENTATIONS

 

 

PROCLAMATION – MUNICIPAL CLERK’S WEEK (MARX – 5 MINUTES)

 

Presentation of a Proclamation proclaiming May 4 - May 10, 2014 as “Municipal Clerk’s Week.”

 

PROCLAMATION - NO PLACE FOR HATE - ANTI-DEFAMATION LEAGUE (MARX - 5 MINUTES)

 

Presentation of a Proclamation proclaiming May 8, 2014 as “No Place for Hate Day.”

 

PROCLAMATION – BUILDING SAFETY MONTH (MARX – 5 MINUTES)

 

Presentation of a Proclamation proclaiming May 2014 as “Building Safety Month.”

 

 

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.

 

 


 

 

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.      WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (MEJIA)

 

Recommendation

 

Waive reading of all resolutions and ordinances as appropriate

 

C2.      MINUTES OF CITY COUNCIL MEETINGS OF MARCH 18, MARCH 25, AND APRIL 9, 2014 (MEJIA)

 

Recommendation

 

Approve and waive oral reading of the Minutes of the City Council meetings of March 18, 2014, March 25, 2014, and April 9, 2014, as presented.

 

C3.      NOVEMBER 4, 2014 General MUNICIPAL ELECTION - resolution (mejia)

 

Recommendation

 

1.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2014, for the election of certain officers as required by the provisions of the City Charter and adopting regulations for Candidates’ Statements.

 

2.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, requesting the San Luis Obispo Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be held on that date.”

 

C4.      marketing services contract for the tourism BUSINESS Improvement district (codron/johnson/cano)

 

As recommended by the Tourism Business Improvement District (TBID) Board

 

1.      Award a contract to BCA/StudioGood for tourism marketing services, Specification No. 91275.

 

2.      Authorize the Mayor to execute the contract.

 

C5.      PUBLIC RESTROOMS AVAILABILITY (grigsby/lynch)

 

Recommendation

 

1.      Develop a restroom map for businesses and the Chamber of Commerce office to share with visitors.

 

2.      Continue extended hours at Mission Plaza restroom and availability of Broad Street restroom.

 

3.      Support opportunities for Public – Private partnerships to provide restrooms available to the general public as part of development.

 

C6.      REVIEW AND ACCEPTANCE OF THE 2013 ANNUAL REPORT ON THE GENERAL PLAN (GPI 54-14) (JOHNSON/LEVEILLE)

 

As recommended by the Planning Commission

 

Accept the 2013 Annual Report on the General Plan.

 

C7.      DESIGN SERVICES FOR SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM UPGRADE CONTRACT - AMENDMENT NO. 1, (MATTINGLY/METZ)

 

Recommendation

 

1.      Approve a contract amendment with Cannon in the amount of $37,870 for design services for the Water Supervisory Control and Data Acquisition (SCADA) Project, Specification No. 91062.

 

2.      Approve the transfer of $1,000 from the construction phase to the design phase of the project.

 

 

C8.      FLEET REDUCTION - SKID STEER UNIT 9601 (GRIGSBY/BOCHUM/SMITH)

 

Recommendation

 

1.      Approve removal of a Case Skid Steer Tractor from the City’s fleet.

 

2.      Authorize the transfer of Capital replacement costs for this unit from the Capital Improvement Plan project, Specification No. 91233, to the Fleet Operating Program budget.

 

3.      Authorize the surplus designation of Case Skid Steer Tractor, Fleet Asset No. 9601, 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.

 

C9.      PROJECT MANAGEMENT SOFTWARE REPLACEMENT (grigsby/horn)

 

Recommendation

 

1.      Approve the Request for Proposals for Project Management Software Replacement, Specification No. 91296.

 

2.      Authorize the City Manager to execute an agreement with the selected vendor.

 

3.      Authorize the Finance Director to execute and amend the Purchase Orders for the annual software licensing cost in an amount not-to-exceed the authorized licensing budget.

 

C10.    POLICE DEPARTMENT HVAC REPLACEMENT (grigsby/mcguire)

 

Recommendation

 

1.      Approve plans and specifications for "Police Department HVAC Replacement, Specification No. 91251.”

 

2.      Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bidder is within the Engineer’s Estimate of $140,000.

 

3.      Approve the transfer of $18,500 from the project’s construction management account to the construction account at the time of bid award.

 

 

 

PUBLIC HEARINGS

 

 

PH2.    RESIDENTIAL PARKING PERMIT DISTRICT REQUEST (properties with 4 units or less) NEAR OLD MISSION SCHOOL - resolution (grigsby/mandeville – 45 minutes)

 

Recommendation

 

1.      Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing a residential parking permit district for The Mission Orchard Neighborhood, establishing days and hours of operation of said District, and installing parking meters on the 600 block of Palm Street to address the potential for spill over parking,” to:

 

a.       Establish a residential parking permit district in the Mission Orchard neighborhood as shown in Exhibit A from 6:00 am to 6:00 pm, Monday through Friday.

 

b.      Install parking meters on the 600 block of Palm Street adjacent to Mission College Prep.

 

2.      Appropriate $21,200 from the un-appropriated Parking Fund working capital reserve to fund the appropriate signs, posts, permits and other miscellaneous costs to establish the district and adjacent parking meter installation.

 

 

BUSINESS ITEMS

 

 

B3.      DROUGHT-RELATED REVIEW OF AVERAGE WINTER WATER USE FOR 2014-15 SEWER CAP – (mattingly/hix/munds – 45 minutes)

 

Recommendation

 

1.      Make no change to the 2013-14 Average Winter Water Use (AWWU) period.

 

2.      Confirm the establishment of the 2014-15 residential sewer caps based on the average of the data gathered during a customer’s 2013-14 AWWU period.

 

3.      Due to extraordinary drought conditions during the 2013-14 AWWU period, upon customer request to be received no later than October 1, 2014, allow adjustments to individual sewer caps to be reviewed for drought impacts and approved by the Utility Billing Adjustment Committee on a case by case basis where appropriate.

 

4.      Direct staff to return to Council within twelve months with a draft policy to establish guidelines for the Average Winter Water Use period related to drought conditions.


 

B4.      review of BALLOT MEASURE LANGUAGE AND a draft ordinance TO extend THE “ESSENTIAL SERVICES TRANSACTION (SALES) AND USE TAX” - THE city’s local half-percent sales tax - discussion of alternatives (lichtig/codron/dietrick – 60 minutes)

 

Recommendation

 

Review and consider the following items, and provide direction to staff, as appropriate.

 

1.      Draft ballot measure language to extend the local half-percent sales tax, originally approved in 2006 with an eight-year sunset clause.

 

2.      Draft amendments to Municipal Code Chapter 3.15 that would be proposed to the voters by a ballot measure ordinance to extend the local sales tax measure for an additional eight year period.

 

3.      Issues relating to alternative revenue measures, including the possibility of replacing the current general purpose measure with a new special purpose tax.

 

4.      Procedural requirements to place a tax measure before the voters.

 

B5.      AMENDMENTS TO THE CITY’S ELECTION CAMPAIGN REGULATIONS - ordinance introduction (mejia/dietrick – 30 minutes)

 

Recommendation

 

Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 2.40 of the Municipal Code related to Election Campaign Regulations,” to incorporate the recommendations of the Election Campaign Regulations Committee, as modified by Council.

 

 

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)

 

 

 

 

ADJOURNMENT

 

 

Adjourn to a Closed Session to be held on Tuesday, May 20, 2014 at 5:00 p.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California.  The Regular Meeting will commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California.

 

 

LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City 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) 781-7107.

 

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, during normal business hours, and on the City’s website www.slocity.org.   Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-100.