HomeMy WebLinkAbout12-03-2018 Agenda PacketMonday, December 3, 2018
3:00 PM SPECIAL MEETING Council Chamber
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice
Mayor Carlyn Christianson and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Vice Mayor Carlyn Christianson
PRESENTATIONS
1.PROCLAMATION - OUTGOING COUNCIL MEMBER DAN RIVOIRE
(HARMON – 10 MINUTES)
Presentat ion of a proclamation to outgoing Council Member Dan Rivoire for his dedicated
public service and commitment to the community as a Council Member.
2.CERTIFICATE OF RECOGNITION - VICE MAYOR CARLYN CHRISTIANSON
(HARMON – 10 MINUTES)
Presentation of a Certificate of Recognition to outgoing Vice Mayor Carlyn Christianson for
her commitment to the community in the office of Vice Mayor of the City of San Luis
Obispo.
San Luis Obispo City Council Agenda December 3, 2018 Page 2
PUBLIC COMMENT PERIOD FOR ITEMS ON THE AGENDA
CONSENT AGENDA
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 ite ms 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.
3.RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 6, 2018
(PURRINGTON – 10 MINUTES)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, reciting the facts of the General Municipal Election held on November
6, 2018, declaring the results and such ot her matters as provided by law.”
APPOINTMENTS
4.OATHS OF OFFICE FOR MAYOR-ELECT AND COUNCIL MEMBERS-ELECT
(PURRINGTON – 20 MINUTES)
5.VICE MAYOR APPOINTMENT FOR 2019 (PURRINGTON – 5 MINUTES)
Recommendation:
Appoint Council Member Andy Pease as Vice Mayor to serve a one-year term commencing
upon appointment.
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday December 4, 2018 at 6:00 p.m.
in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
San Luis Obispo City Council Agenda December 3, 2018 Page 3
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The City of San Luis Obispo wishes to make all of its public meet ings 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
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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 fo r 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 www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
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Department Name: Administration
Cost Center: 1021
For Agenda of: December 3, 2018
Placement: Consent
Estimated Time: N/A
FROM: Teresa Purrington, City Clerk
SUBJECT: RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 6,
2018
RECOMMENDATION
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, reciting the fact of the General Municipal Election held on November 6, 2018,
declaring the results and such other matters as provided by law.” (Attachment A)
DISCUSSION
A General Municipal Election was conducted in the City of San Luis Obispo on November 6,
2018 for the purpose of electing one Mayor and two Members of the City Council and for the
submission to the voters of a question whether to establish a Cannabis Business Tax. In
accordance with Council Resolution Nos. 10895, 10896, and 10897, the General Municipal
Election was consolidated with the General Election that was conducted on the same day by the
County of San Luis Obispo. The County Clerk-Recorder has not given a definitive date when the
count will be complete, however, it is anticipated that it will be finalized by November 30, 2018.
The preliminary election results indicate that:
•Heidi Harmon received the highest number of votes and is the c andidate elected to the office
of Mayor.
•Carlyn Christianson and Erica A. Stewart received the highest number of votes and are the
candidates elected as Members of the City Council.
•A majority of the voters were in favor of Measure F18, relating to the est ablishment of a
Cannabis Business Tax, and it shall be deemed adopted and ratified.
In accordance with California Elections Code Section 10262, Council will be requested to adopt
a resolution declaring the results of the General Municipal Election and t he final Certificate of
the Canvass. A draft resolution containing the preliminary results is provided with this agenda
report. A supplemental agenda report with the certified results of the election will be provided
prior to the December 3, 2018 Council Meeting.
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Item 3
Policy Context
The proposed actions are consistent with Section 302 1 of the City’s Charter and California
Elections Code Section 10262 et seq.
Public Engagement
A legal ad was published in the newspaper announcing the certification of the elect ion results
and the reorganization of the City Council.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2018/2019
Funding Identified: $50,000 is budgeted each election year in the City Clerk budget to cover the
cost of the election.
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $50,000
(estimate)
$50,000
(estimate)
State
Federal
Fees
Other:
Total
$50,000
(estimate)
$50,000
(estimate)
There are no costs associated with the adoption of this resolution. An invoice for the costs to
conduct the election has not yet been received by the City Clerk; however, anticipated expenses
are accounted for and included in the City Clerk Elections budget.
Attachments:
a - Resolution Certifying the Election
1 Section 302. General Municipal Elections. General municipal elections to fill elective offices shall be held in the
City on the first Tuesday after the first Monday in November in each even -numbered year.
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Item 3
R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, RECITING THE FACTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018, DECLARING
THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on
Tuesday, November 6, 2018; and
WHEREAS, notice of the election was given in time, form and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and that
in all respects the election was held and conducted and the votes were cast, received and canvassed
and the returns made and declared in time, form and manner as required by the provisions of the
Elections Code of the State of California and City Charter for the holding of elections; and
WHEREAS, pursuant to Resolution Nos. 10895, 10896, and 10897, the San Luis Obispo
County Clerk-Recorder canvassed the returns of the election and has certified the results, which
are attached hereto and made a part herein as “Exhibit A.”
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That the names of the persons voted fo r at the election for Mayor are as
follows:
HEIDI HARMON
DONALD HEDRICK
T. KEITH GURNEE
SECTION 2. That the names of the persons voted for at the election for Member of City
Council are as follows:
CARLYN CHRISTIANSON
JAMES LOPES
ABE LINCOLN
SARAH FLICKINGER
BOB VOGLIN
JEFFERY C. SPECHT
ERICA A. STEWART
SECTION 3. That the whole number of ballots cast, and the number of ballots cast for the
above-named offices are listed in “Exhibit A”, attached hereto and made a part hereof.
SECTION 4: That the ballot measure submitted to the voters is as follows:
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Resolution No. _____ (2018 Series) Page 2
R ______
(Measure F18)
“Shall the measure to maintain and improve essential City services,
including without limitation: police/fire services; senior, youth and
park services; programs to retain/attract local jobs; addressing
homelessness; and other general revenue purposes; by establishing a
cannabis business tax up to 10% of gross receipts for retail and
businesses and up to $10.00 per canopy square foot for cultivation,
raising approximately $1,500,000 annually, until ended by voters, with
all funds used locally, be adopted.”
YES
NO
SECTION 5. That the City Council does declare and determine that: Heidi Harmon was
elected as Mayor for the full-term ending December 1, 2020; Carlyn Christianson was elected as
Member of the City Council for a full-term ending December 1, 2022; Erica A. Stewart was elected
as Member of the City Council for a full-term ending December 1, 2022.
SECTION 6. That as a result of the election, a majority of the voters voting on Measure
F18 relating to the establishment of a Cannabis Business Tax did vote in favor of it, and that the
measure was carried, and shall be deemed adopted and ratified.
SECTION 7. The City Clerk shall enter into the records of the City of San Luis Obispo, a
statement of the results of the election, showing: (1) the whole number of ballots cast in the City; (2)
the names of the persons voted for; (3) for what office each person was voted for; (4) the number of
votes given at each precinct to each person; and (5) the total number of votes given to each person.
SECTION 8. That the City Clerk shall immediately make and deliver to each of the persons
elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall
also administer to each person elected the Oath of Office prescribed in the Constitution of the State
of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and
all of the persons elected shall then be inducted into the respective office to which they were elected.
SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of ____________ 2018.
____________________________________
Mayor Heidi Harmon
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Resolution No. _____ (2018 Series) Page 3
R ______
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Item 3
Department Name: Administration
Cost Center: 1021
For Agenda of: December 3, 2018
Placement: Appointments
Estimated Time: 5 Minutes
FROM: Teresa Purrington, City Clerk
SUBJECT: VICE MAYOR APPOINTMENT FOR 2019
RECOMMENDATION
Appoint Council Member And y Pease as Vice Mayor to serve a one-year term commencing
upon appointment.
DISCUSSION
Section 408 of the City’s Charter requires that the Council elect one of its members to serve in
the position of Vice Mayor.
Section 3.2 of the Council Policies and Procedures provides that the appointment of the Vice
Mayor shall be for a one-year term, that the appointment shall be made on a rotational basis, and
that the appointment shall go to the next senior member. This practice ensures that each Council
Member will have an opportunity to serve as Vice Mayor during his or her term.
Following current Council policy of rotating the Vice Mayor position, and consistent with
Council practice over the past ten years, Council Member Pease is the next in line for the
opportunity to serve as Vice Mayor. The appointment of Vice Mayor for the prior ten years has
been as follows:
1.Council Member Settle 2009
2.Council Member Carter 2010
3.Council Member Ashbaugh 2011
4.Council Member Carpenter 2012
5.Council Member Smith 2013
6.Co uncil Member Christianson 2014
7.Council Member Ashbaugh 2015
8.Council Member Carpenter 2016
9.Council Member Rivoire 2017
10.Council Member Christianson 2018
Looking to the future, the rotation indicates that Council Member Gomez will serve in 2020.
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Item 5
Policy Context
As previously noted, this action follows current Council policy of rotating the Vice Mayor
position.
Public Engagement
There was no public engagement for this action as it is an administrative action.
ENVIRONMENTAL REVIEW
The California Enviro nmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
There are no fiscal impacts associated with this recommendation, as this is an administrative
item.
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Item 5