HomeMy WebLinkAbout12-01-2020 City Council Agenda Packet
Tuesday, December 1, 2020
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of
the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City
of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the
convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be
holding all public meetings via teleconference. There will be no physical location for the Public to view the
meeting. Below are instructions on how to view the meeting remotely and how to leave public comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate
in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are encouraged
to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
➢ Registration URL: https://attendee.gotowebinar.com/register/3297033361644074000
➢ Webinar ID: 784-135-051
➢ Telephone Attendee: +1 (415) 655-0060, Audio Access Code: 698-985-743
Note: The City uses Go to Webinar for City Council Meetings. Please test speakers and mic prior to
joining webinar. Click here to watch a YouTube tutorial for GoToWebinar Attendees.
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
2. Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
• Mail or Email Public Comment
➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA
93401. All emails will be archived/distributed to councilmembers, however, submissions after
3:00 p.m. on the day of the meeting may not be archived/distributed until the following day.
Emails will not be read aloud during the meeting.
• Verbal Public Comment
➢ In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item
number you are calling about and leave your comment. The verbal comments must be limited to 3
minutes. All voicemails will be forwarded to the Council Members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
➢ During the meeting – Join the webinar (instructions above). Once the meeting has started, please
put your name and the item # you would like to speak on in the questions box. During the public
comment section for the item, your name will be called, and your mic will be unmuted . If you
have questions, contact the office of the City Clerk at cityclerk@slocity.org or (805) 781-7100.
San Luis Obispo City Council Agenda December 1, 2020 Page 2
6:00 PM REGULAR MEETING TELECONFERENCE
Broadcasted via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez, and Mayor Heidi Harmon
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
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.
PUBLIC HEARING AND BUSINESS ITEMS
1.RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2020
AND THE SECOND READING AND ADOPTION OF ORDINANCE NO 1686 (2020
SERIES) AND 1688 (2020 SERIES) (PURRINGTON – 15 MINUTES)
Recommendation:
1.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 3, 2020, declaring the results and such other matters as provided by law;” and
2.Adopt Ordinance No. 1686 (2020 Series) entitled, “An Ordinance of the City Council
and the People of the City of San Luis Obispo, California, amending existing Chapter
3.15 (Essential Services Transactions (Sales) and Use Tax) of the San Luis Obispo
Municipal Code and reenacting in full Amended Chapter 3.15 (Community Services and
Investment) imposing a Transactions (Sales) and Use Tax to be administered by the
California Department of Tax and Fee Administration;” and
3.Adopt Ordinance No. 1688 (2020 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, Amending Sections 2.14.010, 2.14.020, And
2.14.040 of the San Luis Obispo Municipal Code Chapter 2.14 Revenue Enhancement
Oversight Commission.”
San Luis Obispo City Council Agenda December 1, 2020 Page 3
PRESENTATIONS
2. PRESENTATION BY BEYA MAKEKAU, M.A, DIRECTOR OF STUDENT
DIVERSITY AND BELONGING (MAKEKAU – 10 MINUTES)
Recommendation:
Receive a presentation from guest speaker, Beya Makekau, M.A, Director of Student
Diversity and Belonging at Cal Poly.
3. RECOGNITION OF OUTGOING VICE MAYOR AARON GOMEZ
(HARMON – 20 MINUTES)
Recommendation:
Mayor Hamon will present Aaron Gomez with a Certification of Recognition for his service
as Vice Mayor and a Proclamation for his dedicated public service and commitment to the
community while on City Council.
4. OATH OF OFFICE FOR MAYOR-ELECT AND COUNCIL MEMBER-ELECT
(PURRINGTON – 20 MINUTES)
Recommendation:
City Clerk Teresa Purrington will administer the Oath of Office to the Mayor-elect, Heidi
Harmon, and Council Member-elects, Andy Pease and Jan Marx.
APPOINTMENTS
5. VICE MAYOR APPOINTMENT FOR 2021 (PURRINGTON – 10 MINUTES)
Recommendation:
Appoint Council Member Erica A. Stewart as Vice Mayor to serve a one-year term
commencing upon appointment.
ADJOURNMENT
The next rescheduled Regular City Council Meeting will be held on Tuesday, December 8, 2020
at 6:00 p.m., via teleconference.
San Luis Obispo City Council Agenda December 1, 2020 Page 4
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) 781-7410.
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, 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.
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546.8208 . FAX (805) 546-8641
PROOF OF PUBLICATION Proof of Publication of
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Times, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
/VOVem Du t -1
in the year 2020.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, Califomia, this
day_ (41 0 oUGM1 hf i , 2020.
Patricia Horton, New Times Legals
ae
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC MEETING
The San Luis Obispo City Council invites sll interested
Persons to participate in a public meeting on Tuesday.
December 1,2020, atBUOp.m. While the Council encourages
puhlic participation, growing concern about the COVID-19
pandemic has required that public meetings he held via
teleconference. Meetings can be viewed on Government
Access Channel2D or streamed live from the City's YouTube
Channel at htlpJ/yorAube.slo.city. Public comment, prior to
the start of the meeting, may be submitted in writing via U.S.
Mail delivered to the City Clerk's office at 990 Palm Street,
San Luis Obispo, CA 93401 or by email to emailcouncil®
slocby.org.
PUBLIC HEARING ITEM -
RESULTS OF THE GENERAL MUNICIPAL LECTION OF
NOVEMBER 3 2020 AND VICE MAYOR APPOINTMENT FOR
2021
The purpose of this regular meeting will be to certify the
results of the November 3, 2020 General Municipal Election,
recognize outgoing Council Members, install incoming
Council Members, and appoint a Vice Mayor far 2021,
The City Council may also discuss other hearings or
business items before or after the items listed above. If you
challenge the proposed proiect in court, you may be limited
to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or prior to,
the public hearing.
Reports for this meeting will be available for review online at
wwwslacity.org no later than 72 hours prior to the meeting.
Please call the City Clerk's Office at (8051781-7100 for more
information. The City Council meeting will be televised live
on Charter Cable Channel 20 and live streaming on the City's
YouTube channel https://youtube.sio.city.
Teresa Purrington
City Clerk
City of San Luis Obispo
November 19, 2020
Adminh PersnndPNIAIG /Wm�N.NI'MGOIOic�eUSINESalWaf NaaeNPrvaf ol'Puh
(805) 546-8208 • FAX O
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Tinges, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
Almle M Err l al
in the year 2020.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, Calif9mia,tthis
day Iq of /i%U64 b& , 2020.
/1 ff.&' t lI _
Patricia Horton, New Times Legals
AJmni@h, V-WMoCM irv. GOlr BUSINESSI,k N.. eWM ful hb
Pro(
AN ORDINANCE OF THE CITY COUNCIL
AND THE PEOPLE OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING EXISTING
CHAPTER 3.15 (ESSENTIAL SERVICES
TRANSACTIONS (SALES) AND USE TAX) OF
THE SAN LUIS OBISPO MUNICIPAL CODE
AND REENACTING IN FULL AMENDED
CHAPTER 3.15 (COMMUNITY SERVICES AND
INVESTMENT) IMPOSING A TRANSACTIONS
ISALES) AND USE TAX TO BE ADMINISTERED
BY THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
July 21,2020, introduced the above titled ordinance upon
a motion by Council Member Pease, second by Council
Member Stewart, and on the following rail call vote:
AYES: Council Member Christianson, Pease,
Stewart, Vice Mayor Gomez, and Mayor
Harman
NOES: None
Ordinance No. 1686 (2020 Series) — A General Municipal
Election was conducted in the, City of San Luis Obispo
on November 3, 2020 for the purpose of submitting to
the voters a question whether to establish a Transaction
(Sales) and Use Tax (Measure G-20). 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 26, 2020. The preliminary election
results indicate that a majority of the voters were in favor
of Measure 6-20 and therefor Ordinance No. 168fi f202D
Series) shall go into effect.
ORDINANCE NO. 1688 (202D SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, AMENDING SECTIONS
2.14.010, 2.14.020, AND 2.14,040 OF THE SAN LUIS
OBISPO MUNICIPAL CODE CHAPTER 2.14 REVENUE
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
September 1, 2020, introduced the above fitled ordinance
upon a motion by Council Member Pease, second by
Council Member Christianson, and on the following roll
call vote:
AYES: Council Member Christianson, Pease,
Stewart, Vice Mayor Gomez, and Mayor
Harmon
NOES: None
Ordinance No. 1698 f2D2D Series) — The intent of
the proposed amendment is to broaden community
member representation on the Revenue Enhancement
Oversight Commission IREOC) and to build in additional
accountability and community engagement opportunities
to ensure the spending priorities align with the community
and City Council's vision for long-term investment.
Full and complete copies of the Ordinances will be
available for inspection as part of the published agenda
packet for the December 1, 2020 Council Meeting, or you
may call (805) 781-7100 for mare information.
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo will consider adopting the Ordinance at
its Regular Meeting of December 1, 2020 at &W p.m. While
the Council encourages public participation, growing
concem about the COVID-19 pandemic has required that
public meetings be held via teleconference. Meetings
can be viewed an Government Access Channel 20 or
streamed live from the City's YouTube channel at hup:(/
youtube.slo.city. Public comment, prior to the start of the
meeting, may be submitted in writing to the City Clerk's
Office, 990 Palm Street, San Luis Obispo, CA 93401 or by
email to smailcouncil®slocity.org.
Teresa Purrington,
City Clerk
November 19, 202D
(805) 546-8208 • FAX O
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Tinges, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
Almle M Err l al
in the year 2020.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, Calif9mia,tthis
day Iq of /i%U64 b& , 2020.
/1 ff.&' t lI _
Patricia Horton, New Times Legals
AJmni@h, V-WMoCM irv. GOlr BUSINESSI,k N.. eWM ful hb
Pro(
AN ORDINANCE OF THE CITY COUNCIL
AND THE PEOPLE OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING EXISTING
CHAPTER 3.15 (ESSENTIAL SERVICES
TRANSACTIONS (SALES) AND USE TAX) OF
THE SAN LUIS OBISPO MUNICIPAL CODE
AND REENACTING IN FULL AMENDED
CHAPTER 3.15 (COMMUNITY SERVICES AND
INVESTMENT) IMPOSING A TRANSACTIONS
ISALES) AND USE TAX TO BE ADMINISTERED
BY THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
July 21,2020, introduced the above titled ordinance upon
a motion by Council Member Pease, second by Council
Member Stewart, and on the following rail call vote:
AYES: Council Member Christianson, Pease,
Stewart, Vice Mayor Gomez, and Mayor
Harman
NOES: None
Ordinance No. 1686 (2020 Series) — A General Municipal
Election was conducted in the, City of San Luis Obispo
on November 3, 2020 for the purpose of submitting to
the voters a question whether to establish a Transaction
(Sales) and Use Tax (Measure G-20). 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 26, 2020. The preliminary election
results indicate that a majority of the voters were in favor
of Measure 6-20 and therefor Ordinance No. 168fi f202D
Series) shall go into effect.
ORDINANCE NO. 1688 (202D SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, AMENDING SECTIONS
2.14.010, 2.14.020, AND 2.14,040 OF THE SAN LUIS
OBISPO MUNICIPAL CODE CHAPTER 2.14 REVENUE
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
September 1, 2020, introduced the above fitled ordinance
upon a motion by Council Member Pease, second by
Council Member Christianson, and on the following roll
call vote:
AYES: Council Member Christianson, Pease,
Stewart, Vice Mayor Gomez, and Mayor
Harmon
NOES: None
Ordinance No. 1698 f2D2D Series) — The intent of
the proposed amendment is to broaden community
member representation on the Revenue Enhancement
Oversight Commission IREOC) and to build in additional
accountability and community engagement opportunities
to ensure the spending priorities align with the community
and City Council's vision for long-term investment.
Full and complete copies of the Ordinances will be
available for inspection as part of the published agenda
packet for the December 1, 2020 Council Meeting, or you
may call (805) 781-7100 for mare information.
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo will consider adopting the Ordinance at
its Regular Meeting of December 1, 2020 at &W p.m. While
the Council encourages public participation, growing
concem about the COVID-19 pandemic has required that
public meetings be held via teleconference. Meetings
can be viewed an Government Access Channel 20 or
streamed live from the City's YouTube channel at hup:(/
youtube.slo.city. Public comment, prior to the start of the
meeting, may be submitted in writing to the City Clerk's
Office, 990 Palm Street, San Luis Obispo, CA 93401 or by
email to smailcouncil®slocity.org.
Teresa Purrington,
City Clerk
November 19, 202D
Department Name: Administration
Cost Center:
For Agenda of:
Placement:
Estimated Time:
1021
December 1, 2020
Public Hearing
15 minutes
FROM: Teresa Purrington, City Clerk
SUBJECT: RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3,
2020 AND THE SECOND READING AND ADOPTION OF ORDINANCE NO
1686 (2020 SERIES) AMENDING CHAPTER 3.15 (ESSENTIAL SERVICES
TRANSACTIONS (SALES) AND USE TAX), AND ORDINANCE NO. 1688
(2020 SERIES) AMENDING SECTION 2.14.040 OF THE SAN LUIS OBISPO
MUNICIPAL CODE CHAPTER 2.14 REVENUE ENHANCEMENT
OVERSIGHT COMMISSION
RECOMMENDATION
1.Adopt a Resolution reciting the fact of the General Municipal Election held on November 3,
2020, and declaring the results and such other matters as provided by law (Attachment A);
and
2.Adopt Ordinance No. 1686 (2020 Series) amending Chapter 3.15 (Essential Services
Transactions (Sales) and Use Tax) of the San Luis Obispo Municipal Code (Attachment B);
and
3.Adopt Ordinance No. 1688 (2020 Series) amending Section 2.14.040 of Chapter 2.14
(Revenue Enhancement Oversight Commission) of the San Luis Obispo Municipal Code
(Attachment C).
DISCUSSION
A General Municipal Election was conducted in the City of San Luis Obispo on November 3,
2020 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 Transaction (Sales) and Use Tax
(Measure G-20). In accordance with Council Resolution Nos. 11145, 11146, and 11147, 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 indicated final
count will be release November 25, 2020 at 3:00 PM. The preliminary election results indicate
that:
•Heidi Harmon received the highest number of votes and is the candidate elected to the office
of Mayor.
•Andrea “Andy” Pease and Jan Marx 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 G-20, relating to the establishment of a
Transaction (Sales) and Use Tax, and it shall be deemed adopted and ratified.
Item 1
Packet Page 1
Measure G-20 - City of San Luis Obispo Community Services/Investment.
The following question was submitted to San Luis Obispo’ s registered voters at the November
3, 2020 General Municipal Election:
Shall an ordinance to provide funding to protect City of San Luis Obispo’s financial
stability; maintain fire/community safety, health emergency/disaster preparedness;
protect creeks from pollution; address homelessness; keep public areas clean/safe;
retain local businesses; maintain youth/senior services, streets, open space/natural
areas, and other general services, by extending voter-approved funding at a 1.5¢
rate, providing approximately $21,600,000 annually until ended by voters;
requiring audits/all funds used locally, be adopted?
YES
NO
Answer
Yes
No
Votes Received
14,128
10,262
Vote Percentage
57.95%
42.05%
Because the number of votes in support of Measure G-20 was greater than the number of votes in
opposition to Measure G-20, the measure passes, and Ordinance No. 1686 entitled, “An
Ordinance of the City Council and the People of the City of San Luis Obispo, California,
amending the existing Chapter 3.15 of the Municipal Code and reenacting in full amended
Chapter 3.15 (Community Services and Investment) imposing a transactions (sales) and use tax
to be administered by the California Department of Tax and Fee Administration” shall go into
effect.
Ordinance No. 1688 (2020 Series) Amending Chapter 2.14 Revenue Enhancement Oversight
Commission (REOC)
With the passage of Measure G-20 by the voters in the November 3, 2020 election, this action is
the 2nd reading to adopt Ordinance No. 1688 (2020 Series). The ordinance adds language to the
desired experience for residents being considered by the City Council to be appointed to the
REOC and adds a section directing the REOC to recommend long-term community service and
investment priorities to the City Council every eight years. The remaining amendments to
Chapter 2.14 are administrative in nature.
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 the 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 1, 2020 Council Meeting.
Item 1
Packet Page 2
Policy Context
The proposed actions are consistent with Section 3021 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 election 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. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020/2021
Funding Identified: $62,000 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 $75,000
(estimate)
$75,000
(estimate)
State
Federal
Fees
Other:
Total
$75,000
(estimate)
$75,000
(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 - Draft Resolution - Certifying the November 3, 2020 Election
b - Ordinance No. 1686 - Amending Section 3.15 of Municipal Code
c - Ordinance No. 1688 - Amending Section 2.14.040 of Municipal Code Chapter 2.14
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.
Item 1
Packet Page 3
R ______
RESOLUTION NO. _____ (2020 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 3, 2020, 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 3, 2020; and
WHEREAS, notice of the election was given in the 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. 11145, 11146, and 11147, 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 for at the election for Mayor are as
follows:
HEIDI HARMON
DONALD HEDRICK
CHERISSE SWEENEY
SANDRA MARSHALL-EMINGER
SECTION 2. That the names of the persons voted for at the election for Member of City
Council are as follows:
KELLY EVANS
ABRIANNA TORRES
ERIK LONG
JAMES R. PAPP
ANDREA “ANDY” PEASE
JEFFERY SPECHT
JAN HOWELL MARX
ROBIN WOLF
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.
Item 1
Packet Page 4
Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 4: That the ballot measure submitted to the voters is as follows:
City of San Luis Obispo Community Services/Investment.
Shall an ordinance to provide funding to protect City of San Luis
Obispo’s financial stability; maintain fire/community safety, health
emergency/disaster preparedness; protect creeks from pollution;
address homelessness; keep public areas clean/safe; retain local
businesses; maintain youth/senior services, streets, open space/natural
areas, and other general services, by extending voter-approved funding
at a 1.5¢ rate, providing approximately $21,600,000 annually until
ended by voters; requiring audits/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, 2022; Andrea “Andy” Pease was elected as a
Member of the City Council for a full-term ending December 1, 2024; Jan Howell Marx was elected
as a Member of the City Council for a full-term ending December 1, 2024.
SECTION 6. That as a result of the election, a majority of the voters voting on Measure
G-20 relating to the establishment of a General Transactions (Sales) and Use 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.
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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 _____________________ 2020.
____________________________________
Mayor Heidi Harmon
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, on ___________________________.
____________________________________
Teresa Purrington
City Clerk
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ORDINANCE NO. 1686 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL AND THE PEOPLE OF THE
CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING EXISTING
CHAPTER 3.15 (ESSENTIAL SERVICES TRANSACTIONS (SALES) AND
USE TAX OF THE SAN LUIS OBISPO MUNICIPAL CODE AND
REENACTING IN FULL AMENDED CHAPTER 3.15 (COMMUNITY
SERVICES AND INVESTMENT) IMPOSING A TRANSACTIONS (SALES)
AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS, in 2006, the voters of San Luis Obispo approved the San Luis Obispo
Essential Services Measure (also commonly known as Measure Y, its 2006 ballot designation)
with 64.77% of the vote, establishing a half-cent per dollar local transaction (sales) and use tax to
address fiscal challenges including State takeaways totaling more than $22 million over the prior
15 years, and ongoing State funding reductions of $3 million annually; and
WHEREAS, in 2014, the voters of San Luis Obispo approved the San Luis Obispo
Essential Services Measure (also commonly known as Measure G, its 2014 ballot designation)
with 70.32% of the vote, renewing the half-cent per dollar local transaction (sales) and use tax to
continue protecting and maintaining essential services and facilities, to end March 31, 2023 unless
renewed by voters; and
WHEREAS, the revenue from Measure G has funded approximately 30% of essential
services and 70% of maintaining City facilities but has not been sufficient to fund the level of
services, maintenance, and infrastructure improvements the community has identified as priorities;
and
WHEREAS, one in every two calls to the San Luis Obispo Fire Department are responses
to medical emergencies or rescues, and locally-controlled funding is critical to maintain firefighter-
paramedic staffing, infrastructure, life-saving/personal protective equipment, and communications
technology to save lives in any type of natural disaster or emergency; and
WHEREAS, the impacts of coronavirus on the City’s local economy, including loss of
jobs and business closures, may take years to recover from and a reliable source of local funding
will assist in businesses and downtown investment through economic recovery programs like Shop
Local; and
WHEREAS, the City's Essential Services Transaction (Sales) and Use Tax includes
substantial accountability measures including: requirements for independent annual financial
audits; integration of use of funds into the City's budget and goal-setting process; annual
community reports; and annual citizen engagement meetings; and
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WHEREAS, the City’s Essential Services Transaction (Sales) and Use Tax also includes
an additional accountability measure, a Citizen's Revenue Enhancement Oversight Commission,
to increase transparency and accountability and to ensure the expenditure of revenue measure
funds in alignment with evolving community priorities, as defined through citizen engagement and
City Council direction; and
WHEREAS, approximately 70% of sales tax revenue collected by San Luis Obispo is
generated by tourists, visitors, and commuters ensuring that visitors are paying their fair share to
use the City’s community resources and infrastructure; and
WHEREAS, the City's existing Essential Services Transactions (Sales) and Use Tax
Ordinance is found in Chapter 3.15 of the City's Municipal Code; and
WHEREAS, Section 3.15.030 of this Chapter sets forth an expiration date of March 31,
2023, at which time Chapter 3.15 will expire, unless extended by the voters of the City at an
election called for that purpose; and
WHEREAS, this proposed Measure G extension and enhancement will continue to require
substantial accountability measures including: requirements for independent annual financial
audits; integration of use of funds into the City's budget and goal-setting process; annual
community reports; annual citizen engagement meetings; and the oversight role of the Citizen's
Revenue Enhancement Oversight Commission; and
WHEREAS, the COVID-19 pandemic’s economic impacts on the community, local
businesses, and City finances is unprecedented and an extension of Measure G and enhancement
of the existing local transactions (sales) and use tax by an additional one (1)-cent per dollar for a
total rate at one and half (1.5)-cents per dollar will protect and improve the level of City services,
and maintenance and improvements to infrastructure the community values most; and
WHEREAS, the funding will support San Luis Obispo’s economic recovery, stability and
resiliency to protect and maintain residents’ quality of life.
NOW, THEREFORE, BE IT ORDAINED by the Council and the People of the City of
San Luis Obispo, as follows:
SECTION 1. Chapter 3.15 of the City's Municipal Code is hereby amended and re-enacted
in full to read as follows:
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Chapter 3.15
COMMUNITY SERVICES AND INVESTMENT TRANSACTIONS (SALES) AND USE
TAX
3.15.010 Title.
This chapter shall be known as the “City of San Luis Obispo community services and investment
transactions (sales) and use tax ordinance.” The City of San Luis Obispo hereinafter shall be called
the “City.” This chapter shall be applicable in the incorporated territory of the City.
3.15.020 Purpose.
This chapter is adopted to achieve the following, among other general municipal purposes, and
directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To provide funding to protect City of San Luis Obispo’s financial stability; maintain fire,
community safety, health emergency, disaster preparedness; protect creeks from pollution, address
homelessness; keep public areas clean/safe; retain local businesses; repair streets; maintain
youth/senior services, streets, open space/natural areas, and other general services by extending an
existing, voter-approved, general purpose retail transactions (sales) and use tax of one-half (.5)
cent per dollar and enhancing the local transactions (sales) and use tax by an additional one (1)
cent per dollar; at a total rate of one and one half (1.5) cent per dollar (1.50% of the gross receipts)
in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of
the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes
the City to adopt this general purpose tax chapter, which shall be operative if two-thirds of the
council and a majority vote of the electors voting on the measure vote to approve the extension
and enhancement of this general purpose revenue source at an election called for that purpose.
B. To adopt a retail transactions and use tax chapter that incorporates provisions identical to those
of the transactions and use tax law of the state of California insofar as those provisions are not
inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the
Revenue and Taxation Code.
C. To adopt a retail transactions and use tax chapter that imposes a tax and provides a measure
therefor that can be administered and collected by the California Department of Tax and Fee
Administration in a manner that adapts itself as fully as practicable to, and requires the least
possible deviation from, the existing statutory and administrative procedures followed by the
California Department of Tax and Fee Administration in administering and collecting the
California State sales and use taxes.
D. To adopt a retail transactions and use tax chapter that can be administered in a manner that
will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of
the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes,
and at the same time minimize the burden of recordkeeping upon persons subject to taxation under
the provisions of this chapter.
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3.15.030 Termination Date.
The authority to levy the tax imposed by this chapter shall expire when ended by the voters of the
City.
3.15.040 Fiscal accountability provisions—Citizen oversight and independent annual
financial audits.
Along with the City’s ongoing commitment to citizen involvement as a fundamental principle of
good government, specific citizen oversight and fiscal accountability provisions are hereby
established as follows:
A. Revenue Enhancement Oversight Commission. A citizen’s commission will be established to
provide transparency and maximize city accountability. The commission will be responsible for
reviewing and making budget recommendations directly to the city council regarding expenditures
from the essential services transactions (sales) and use tax and reporting annually to the community
on the City’s use of these tax revenues.
B. Accounting and Tracking Expenditures. The funds collected through the City of San Luis
Obispo essential services transactions (sales) and use tax ordinance shall be accounted for and
tracked by the City treasurer separately to facilitate citizen oversight.
C. Independent Annual Financial Audit. The amount generated by this general-purpose revenue
source and how it was used shall be included in the annual audit of the City’s financial operations
by an independent certified public accountant.
D. Integration of the Use of Funds into the City’s Budget and Goal-Setting Process. The
estimated revenue and proposed use of funds generated by this measure shall be an integral part of
the City’s budget and goal-setting process, and significant opportunities will be provided for
meaningful participation by citizens in determining priority uses of these funds.
E. Annual Community Report. A written report shall be reviewed at a public meeting by the
revenue enhancement oversight commission, and a summary will be provided annually to every
household in the community detailing how much revenue is being generated by the measure and
how funds are being spent.
F. Annual Citizen Oversight Meeting. An invitation will be extended each year to the entire
community inviting them to participate in a forum to review and discuss the use of the revenue
generated by this measure. City staff will also be available to meet with any group that requests a
specific briefing with their members to discuss and answer questions about the revenues generated
by the measure and their uses.
3.15.050 Transactions (sales) tax rate.
For the privilege of selling tangible personal property (physical merchandise) at retail, a tax is
hereby imposed upon all retailers in the incorporated territory of the City at the total rate of one
and one half percent (1.5%) of the gross receipts of any retailer from the sale of all tangible
personal property sold at retail in said territory on and after the operative date of this chapter, prior
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to which the tax rate shall be as previously imposed by voter approval of Measure G (November
2014).
3.15.060 Use tax rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property (physical merchandise) purchased from any retailer for storage, use or other
consumption in said territory at the rate of one and one half percent (1.5%) of the sales price of
the property on and after the operative date of this chapter, prior to which the tax rate shall be as
previously imposed by voter approval of Measure G (November 2014). The sales price shall
include delivery charges when such charges are subject to state sales or use tax, regardless of the
place to which delivery is made
3.15.070 Operative date.
“Operative date” means the first day of the first calendar quarter commencing more than one
hundred ten days after the adoption of the ordinance codified in this chapter.
3.15.080 Contract with state.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this
transactions and use tax chapter; provided, that if the City shall not have contracted with the
California Department of Tax and Fee Administration prior to the operative date, it shall
nevertheless so contract and, in such a case, the operative date shall be the first day of the first
calendar quarter following the execution of such a contract.
3.15.090 Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-
of-state destination or to a common carrier for delivery to an out -of-state destination. The gross
receipts from such sales shall include delivery charges, when such charges are subject to the state
sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no
permanent place of business in the state or has more than one place of business, the place or places
at which the retail sales are consummated shall be determined under rules and regulations to be
prescribed and adopted by the California Department of Tax and Fee Administration.
3.15.100 Adoption of provisions of state law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the
provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of
Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are
hereby adopted and made a part of this chapter as though fully set forth herein.
3.15.110 Limitations on adoption of state law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the state of California is named or referred to as the taxing agency, the name of this
City shall be substituted therefor. However, the substitution shall not be made when:
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1. The word “state” is used as a part of the title of the State Controller, State Treasurer,
State Board of Control, California Department of Tax and Fee Administration, State
Treasury, or the Constitution of the State of California.
2. The result of that substitution would require action to be taken by or against this City
or any agency, officer, or employee thereof rather than by or against the California
Department of Tax and Fee Administration, in performing the functions incident to the
administration or operation of this chapter.
3. In those sections, including, but not necessarily limited to, sections referring to the
exterior boundaries of the state of California, where the result of the substitution would be
to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or
other consumption of tangible personal property which would not otherwise be
exempt from this tax while such sales, storage, use or other consumption remain
subject to tax by the state under the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code; or
b. Impose this tax with respect to certain sales, storage, use or other consumption
of tangible personal property, which would not be subject to tax by the state under
the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or
6828 of the Revenue and Taxation Code.
B. The word “City” shall be substituted for the word “state” in the phrase “retailer engaged in
business in this state” in Section 6203 and in the definition of that phrase in Section 6203.
3.15.120 Permit not required.
If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor’s permit shall not be required by this chapter.
3.15.130 Exemptions and exclusions.
The following transactions shall be exempted and excluded:
A. There shall be excluded from the measure of the transactions tax and the use tax the amount
of any sales tax or use tax imposed by the state of California or by any City, City and county, or
county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any
state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts
from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators
of aircraft to be used or consumed principally outside the county in which the sale is made
and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this state, the United States, or any foreign
government.
2. Sales of property to be used outside the City which is shipped to a point outside the
City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent,
or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the
purposes of this section, delivery to a point outside the City shall be satisfied:
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a. With respect to vehicles (other than commercial vehicles) subject to registration
pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle
Code, aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, and undocumented vessels registered under Division 3.5 (commencing with
Section 9840) of the Vehicle Code by registration to an out-of-City address and by
a declaration under penalty of perjury, signed by the buyer, stating that such address
is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-
of-City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property
for a fixed price pursuant to a contract entered into prior to the operative date of this
chapter.
4. A lease of tangible personal property, which is a continuing sale of such property, for
any period of time for which the lessor is obligated to lease the property for an amount
fixed by the lease prior to the operative date of this chapter.
5. For the purposes of subsections (B)(3) and (4) of this section, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the
unconditional right to terminate the contract or lease upon notice, whether or not such right
is exercised.
C. There are exempted from the use tax imposed by this chapter the storage, use or other
consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under
any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or
consumed by such operators directly and exclusively in the use of such aircraft as common
carriers of persons or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this state, the United States, or
any foreign government. This exemption is in addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a
contract entered into prior to the operative date of this chapter.
4. If the possession of, or the exercise of any right or power over, the tangible personal
property arises under a lease which is a continuing purchase of such property for any period
of time for which the lessee is obligated to lease the property for an amount fixed by a lease
prior to the operative date of this chapter.
5. For the purposes of subsections (C)(3) and (4) of this section, storage, use, or other
consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period
of time for which any party to the contract or lease has the unconditional right to terminate
the contract or lease upon notice, whether or not such right is exercised.
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6. Except as provided in subsection (C)(7) of this section, a retailer engaged in business
in the City shall not be required to collect use tax from the purchaser of tangible personal
property, unless the retailer ships or delivers the property into the City or participates within
the City in making the sale of the property, including, but not limited to, soliciting or
receiving the order, either directly or indirectly, at a place of business of the retailer in the
City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the
City under the authority of the retailer.
7. A retailer engaged in business in the City shall also include any retailer of any of the
following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section
4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section
21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to
collect use tax from any purchaser who registers or licenses the vehicle, vessel or aircraft
at an address in the City.
D. Any person subject to use tax under this chapter may credit against that tax any transactions
tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a
transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect
to the sale to the person of the property the storage, use or other consumption of which is subject
to the use tax.
3.15.140 Amendments.
All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part
1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a
part of this chapter; provided, however, that no such amendment shall operate so as to affect the
rate of tax imposed by this chapter.
3.15.150 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the state or the City, or against any officer of the state or the
City, to prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue
and Taxation Code, of any tax or any amount of tax required to be collected.
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SECTION 2. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
upon adoption by the voters.
INTRODUCED on the 21st day of July 2020 by the Council of the City of San Luis Obispo
on the following vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez, and
Mayor Harmon
NOES: None
PASSED AND ADOPTED by the Voters of the City of San Luis Obispo on November 3,
2020 by the following vote tally:
AYES:
NOES:
FINALLY ADOPTED following declaration of the vote by the City Council on December
_______, 2020
____________________________________
Mayor Heidi Harmon
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, on __________________.
____________________________________
Teresa Purrington, City Clerk
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ORDINANCE NO. 1688 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTIONS 2.14.010, 2.14.020, AND
2.14.040 AND CHAPTER 2.14 OF THE SAN LUIS OBISPO MUNICIPAL
CODE
WHEREAS, the City of San Luis Obispo (City) is a municipal corporation duly organized
under the California Constitution and laws of the State of California; and
WHEREAS, on July 21, 2020, the City Council adopted Resolution No. 11145, submitting
to the voters a question whether to extend the existing, voter-approved local transaction (sales) and
use tax at a 1.5¢ rate, until ended by voters. The resolution also stated that any extension and
enhancement of existing, voter-approved funding will continue to require a citizen revenue
enhancement oversight commission (REOC) to ensure funds are spent consistent with the
community’s priorities; and
WHEREAS, the REOC reviews revenues and expenditures from the local transaction
(sales) and use tax, reports to the community and the City Council about the City’s stewardship of
these revenues, and recommends expenditures to the City Council that are consistent with the
purpose of the general purpose tax and the preferences of the City residents; and
WHEREAS, the City Council desires to expand the qualifications of candidates to be
appointed on the REOC to broaden the views and representation of the community; and
WHEREAS, the City's voter-approved local transaction (sales) and use tax includes
substantial accountability measures including: requirements for independent annual financial
audits; integration of use of funds into the City's budget and goal-setting process; annual
community reports; and annual citizen engagement meetings; and
WHEREAS, the City recognizes the importance of periodically reviewing the long-term
community services and investment priorities to align with the community’s priorities; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo, as follows:
SECTION 1. Chapter 2.14 of the City's Municipal Code is hereby amended and re-enacted
in full to read as follows:
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Chapter 2.14
REVENUE ENHANCEMENT OVERSIGHT COMMISSION
2.14.010 Commission established and purpose.
The Revenue Enhancement Oversight Commission (REOC) is hereby established to review,
report, and make recommendations regarding the use of revenues collected through the city’s
voter-approved general purpose, one and a half-percent sales tax authorized by Chapter 3.15. The
REOC is authorized to review these tax revenues and expenditures, report on the city’s stewardship
of this general purpose tax and provide recommendations directly to the City Council regarding
expenditures of these tax revenues as an integral part of the budget process. The establishment of
the REOC shall be effective upon voter approval of a revenue enhancement measure to be
proposed in November 2020 and shall continue in existence as long as Chapter 3.15, adopted by
such measure, is in effect.
2.14.020 Membership and appointment.
The REOC shall consist of five members who are residents of the city. Members shall be appointed
by the whole city council through a public application and appointment process. When recruiting
members, the city will seek members that have experience with finance, budgeting, municipal
accounting or represent a sales tax generating business.
2.14.030 Term of office and compensation.
A. Terms. Of the members first appointed, three shall be appointed for the term of three years,
and two shall be appointed for two-year terms. Subsequent appointments to the REOC shall
be for three years. Vacancies during the term shall be filled by the city council for the
unexpired portion of the term. Members may be removed by the city council with or
without cause by a majority vote of the city council.
2.14.040 Powers and duties.
The REOC shall meet a minimum of four times per year to perform its duties, as follows:
A. Generally. The REOC shall have the authority to conduct public hearings as direc ted by
the city council or city policy. The REOC shall exercise the duties conferred upon it by this
chapter, and as necessary to achieve its purpose.
B. Annual Community Report. The REOC shall conduct a public hearing annually to review
and take public testimony on the community services and investment measure annual
report.
C. Annual Audit. The REOC shall meet annually to review the audited financial statements
contained in the comprehensive annual financial report for the community services and
investment measure.
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D. Annual Citizen Oversight Meeting. The REOC shall hold an annual community services
and investment measure community forum for the purpose of taking input from residents
and community members on preferences for the use of the revenues generated by the
community services and investment tax.
E. Budget Recommendations. The REOC shall meet for the purpose of making
recommendations to the city council regarding the uses of revenue generated by the
community services and investment measure. The REOC shall take into consideration the
input provided by residents and community members during the annual citizen oversight
meeting, the purpose of the community services and investment, the major city goals
established by the city council, and the amount of revenue available from past fiscal years,
and projected to be available during the next fiscal year, in making its budget
recommendations to the council.
F. Outreach and Education. The REOC shall be authorized to perform outreach and
educational activities so that residents and community members are informed about the
costs and benefits associated with the collection and use of revenue generated by the
community services and investment.
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G. Long-Term Community Services and Investment Priorities. Every eight years, the City
will incorporate a long-term priority setting exercise into the Financial Plan development
process to determine the long-term community services and investment priorities for the
use of Local Revenue Measure funds. This exercise shall include receiving input from
residents, community members, and the REOC regarding spending priorities with priorities
being set by the City Council as a part of the development of the Financial Plan.
INTRODUCED on the 1st day of September 2020 AND FINALLY ADOPTED on the
_____ day of ___________ 2020 by the Council of the City of San Luis Obispo on the following
vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
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, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Administration
Cost Center: 1021
For Agenda of: December 1, 2020
Placement: Appointments
Estimated Time: 5 Minutes
FROM: Teresa Purrington, City Clerk
SUBJECT: VICE MAYOR APPOINTMENT FOR 2021
RECOMMENDATION
Appoint Council Member Erica A. Stewart 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 Stewart 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 Ashbaugh 2011
2. Council Member Carpenter 2012
3. Council Member Smith 2013
4. Council Member Christianson 2014
5. Council Member Ashbaugh 2015
6. Council Member Carpenter 2016
7. Council Member Rivoire 2017
8. Council Member Christianson 2018
9. Council Member Pease 2019
10. Council Member Gomez 2020
Looking to the future, the rotation indicates that Council Member Christianson will serve in
2022.
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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. However, the
public has the opportunity to provide comment in writing prior to the meeting or as public
comment during the meeting.
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. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There are no fiscal impacts associated with this recommendation, as this is an administrative
item.
ALTERNATIVES
Council could choose not to appoint Council Member Stewart as Vice Mayor; however, this is
not recommended as this would not follow the Council’s approved Policies and Procedures.
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