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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 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 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 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 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. Page intentionally left blank. 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. Packet Pg. 5 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. Packet Pg. 6 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: Packet Pg. 7 Item 3 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 Packet Pg. 8 Item 3 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 Packet Pg. 9 Item 3 Page intentionally left blank. Packet Pg. 10 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. Packet Pg. 11 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. Packet Pg. 12 Item 5