HomeMy WebLinkAbout07-10-12 Amended Closed + Regular Meetin gAgendacouncil aqctnb a
CITY OF SAN LUIS OBISP O
CITY HALL, 990 PALM STREE T
Amended Agend a
Tuesday, July 10, 201 2
Time Change 5 :00 p .m .SPECIAL MEETING Council Hearing Roo m
990 Palm Street
CALL TO ORDER :.Mayor . Jan Mar x
ROLL CALL :Council Members John Ashbaugh, Andrew Carter and Kath y
Smith, Vice Mayor Dan Carpenter and Mayor Jan Marx
PUBLIC COMMENT ON CLOSED . SESSION ITE M
CLOSED SESSIO N
CONFERENCE WITH LEGAL COUNSEL —Anticipated Litigatio n
Pursuant to Government Code § 54956 .9 (b)(1) and (b)(2 )
One (1) potential action against the City related to a dispute regarding fee assessment s
and Prado Road reimbursements pursuant to project conditions and agreements of th e
MD2 project
Added Ite m
CONFERENCE WITH LEGAL COUNSEL - Existing Litigatio n
Pursuant to Government Code § 54956 .9
SLO Homeless Alliance v City of San Luis Obisp o
San Luis Obispo County Superior Court Case No . CV12020 4
Adjourn to Regular Meeting of July 10, 2012
Council Agenda Tuesday,July 10, 201 2
7 :00 p .m .REGULAR MEETING Council Chambe r
990 Palm Street
CALL TO ORDER :Mayor Jan Mar x
ROLL CALL :Council Members John Ashbaugh, Andrew Carter and Kath y
Smith, Vice Mayor Dan Carpenter and Mayor Jan Marx
PLEDGE OF ALLEGIANCE :Council Member Carte r
REPORT FROM CLOSED SESSION -(DIETRICK)
PRESENTATION S
PROCLAMATION — JAY WALTER -(MARX - 5 MINUTES )
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total )
The Council welcomes your input . You may address the Council by completing a speaker slip an d
giving it to the City Clerk prior to the meeting . At this time, you may address the Council on items tha t
are not on the agenda . Time limit is three minutes . State law does not allow the Council to discuss o r
take action on issues not on the agenda, except that members of the Council or staff may briefl y
respond to statements made or questions posed by persons exercising their public testimony right s
(Gov . Code Sec . 54954 .2). Staff may be asked to follow up on such items. Staff reports and othe r
written documentation relating to each item referred to on this agenda are on file in the City Clerk's
Office in Room 4 of City Hall .
CONSENT AGEND A
A member of the public may request the Council to pull an item for discussion . Pulled items shal l
be heard at the close of the Consent Agenda unless a majority of the Council chooses anothe r
time . The public may comment on any and all items on the Consent Agenda within the thre e
minute time limit .
Cl .MINUTES OF TUESDAY, JUNE 12, 2012 ; AND JUNE 19, 2012 .
(CODRON/SCHROEDER )
RECOMMENDATION : Waive oral reading and approve as presented .
C2 .COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AN D
DISPOSAL ACCOUNTS .(MATTINGLY/MUNDS)
RECOMMENDATION : Adopt a resolution authorizing the San Luis Obispo Count y
Assessor to assess amounts due to San Luis Garbage Company on delinquent
Council Agenda Tuesday, July 10, 201 2
accounts for provision of solid waste collection and disposal services as described i n
City Municipal Code Section 8 .04 .070 as liens against properties involved .
C3.LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENC E
VOTING DELEGATE/ALTERNATE 2012 .(CODRON/SCHROEDER )
RECOMMENDATION : Designate Mayor Jan Marx as the voting delegate and Vic e
Mayor Dan Carpenter as the voting alternate to the League of California Cities Annua l
Conference .
C4.ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPA L
CODE (ZONING REGULATIONS);CITY FILE #:R/TA 101-11 .,
(JOHNSON/DAVIDSON )
RECOMMENDATION : Adopt Ordinance No . 1578 (2012 Series) amending Title 17 o f
the Municipal Code regarding alcohol outlet regulations.
C5.MID HIGUERA REHABILITATION, SPECIFICATION NO . 9007 3
PROJECT AWARD .(WALTERNANBEVEREN )
RECOMMENDATION : 1) Appropriate $371,665 in approved Urban State Highway s
Account grant funds ; allocating $137,000 for the Mid Higuera Rehabilitation projec t
account and $234,665 for the Bob Jones Trail Connection at Los Osos Valley Roa d
project account . 2) Award a contract to Cal Portland Construction for the constructio n
of the Mid Higuera Rehabilitation project, including the base project and Additiv e
Alternate #1 for a total contract amount of $711,330 .97 . 3) Approve the transfer of
$11,000 from various Utilities accounts to the Mid Higuera Rehabilitation projec t
account : $4,000 from the Water Raise Valve Covers account and $7,000 from th e
Collection Systems Improvements Master Account . 4) Approve the transfer of $29,03 2
in remaining design funds from the completed design phase to the construction phas e
of the Mid Higuera Rehabilitation project account .
C6.2012-13 COMMUNITY PROMOTIONS PROGRAM .(CODRON/ELKE )
RECOMMENDATION : 1) As recommended by the Tourism Business Improvemen t
District (TBID) Board, approve the second and final two-year extension of the marketin g
contract with Rosetta Marketing Group, LCC, as successor in interest of Level Studios ,
LLC . 2) Approve first year financing of the contract in the amount of $597,000 a s
recommended by the TBID Board . 3) Authorize the City Manager to enter into variou s
contracts for Community Promotions not to exceed the 2012-13 budget of $781,500 an d
based on the recommendations by the Promotional Coordinating Committee (PCC) an d
the TBID Board . 4) Authorize the City Manager to enter into contracts utilizing the TBID's
un-appropriated fund balance from the 2011-12 fiscal year for tourism marketing
expenditures in 2012-13 .
Council Agenda Tuesday, July 10, 201 2
C7 .ACCEPTANCE OFGRANTFUNDSANDCREATION OF A CAPITAL
IMPROVEMENT ACCOUNT FOR CALLE JOAQUIN AGRICULTURAL
RESERVE RIPARIAN ENHANCEMENTS .(CODRON )
RECOMMENDATION : Accept grant funds in amount of $125,000 from the State o f
California's Environmental Enhancement and Mitigation Program (EEMP), an d
appropriate the funds to a new Capital Improvement Project (GIP) account dedicated t o
riparian ;enhancements along Prefumo Creek at the Calle Joaquin Agricultural Reserve ,
PUBLIC HEARING S
PHI ..CALLING NOVEMBER 6, 2012 GENERAL MUNICIPAL .ELECTION WIT H
RESPECT TO A BALLOT MEASURE FOR A UTILITY . USER TAX
MODERNIZATION ..ORDINANCE,.SET PRIORITIES .FOR ANALYSIS ,
ARGUMENTS..AND..REBUTTALS AND APPOINT TWO MEMBERS O F
COUNCIL TO SUBMIT ARGUMENTS AND REBUTTALS .
(CODRON/SCHROEDER) — 30 MINUTE S
RECOMMENDATION : 1) Adopt a resolution requesting the Board of Supervisors t o
consolidate the General Municipal Election on November 6, 2012 with the Statewid e
General Election for the purpose of submitting to the voters the question relating t o
repeal and re-enactment of the City's utility user 's tax ordinance . 2) Adopt a resolutio n
for the submission of a proposed ballot measure to the qualified voters of the City of Sa n
Luis Obispo . 3) Adopt a resolution setting priorities for filing written arguments regardin g
a City measure and directing the City Attorney to prepare an Impartial Analysis . 4) Adopt
a resolution providing for the filing of Rebuttal Arguments for a City measure submitte d
at Municipal Elections . 5) Appoint an ad hoc committee of the City Council to prepar e
and submit ballot arguments and rebuttal arguments, if warranted .
BUSINESS ITEM S
Added Ite m
BI .AN.EMERGENCY ORDINANCE .OF . THE CITY OF SAN LUIS OBISP O
DECLARING AND REAFFIRMING THE SCOPE AND INTENDE D
ENFORCEMENT OF THE CITY'S ORDINANCE PROHIBITING THE USE O F
VEHICLES AS- LIVING AND SLEEPING QUARTERS THROUGHOUT TH E
CITY O.F SAN LUIS . OBISPO AND ADOPTING A PARALLEL PROHIBITIO N
TO BE ADDED AS CHAPTER 9 .18 (VEHICLE AS DWELLING . UNIT) OF TH E
SAN LUIS OBISPO MUNICIPAL CODE .(DIETRICK) - 30 MINUTES .
RECOMMENDATION : Consider the adoption of an Emergency Ordinance, to b e
effective immediately, to 1) prevent the immediate threats to the public health, safety ,
and welfare associated with the conduct of living in vehicles in unsuitable areas withi n
4
Council Agenda Tuesday, July 10, 201 2
the City, including on local public streets ; and 2) correct a judicial misinterpretation o f
the City Council's intent regarding the scope of Municipal Code Section 17 .16 .015 an d
its application to conduct occurring in the public streets, as reflected in the July 3, 201 2
ruling in San Luis Superior case SLO Homeless Alliance,et al .,case number
CV120204 .A Staff Report and Draft Ordinance will be distributed prior to the Counci l
Meeting .
STUDY SESSION ITEM S
M .WATER RATE STRUCTURE STUDY .(MATTINGLY/NORTON/MUNDS) — 9 0
MINUTE S
RECOMMENDATION : Participate in the first of five water rate structure sessions wit h
HDR Engineering .
COUNCIL LIAISON REPORTS (not to exceed 15 minutes )
Council Members report on conferences or other City activities .Time limit—3 minutes .
COMMUNICATIONS (not to exceed 15 minutes )
At this time,any Council Member or the City Manager may ask a question for clarification, make a n
announcement, or report briefly on his or her activities . In addition, subject to Council Policies an d
Procedures, they may provide a reference to staff or other resources for factual information, request staff
to report back to the Council at a subsequent meeting concerning any matter, or take action to direct
staff to place a matter of business on a future agenda .(Gov .Code Sec. 54954 .2 )
ADJOURN .
City Council regular meetings are televised live on Charter Channel 20 . The City of San Luis Obispo is committed t o
including the disabled in all of its services, programs, and activities . Telecommunications Device for the Deaf (805) 781-7410 :
Please speak to the City Clerk prior to the meeting if you require a hearing amplification device . For more agenda information, cal l
781-7100 .
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available fo r
public inspection in the City Clerk's office located at 990 Palm Street, San Luis Obispo, during normal business hours .
POSTING STATEMENT : I, Sheryll Schroeder, Interim City Clerk, do hereb y
certify that on July 3, 2012, by 5 :00 p .m ., a true and correct copy of this agenda wa s
posted on the bulletin board outside City Hall . Reposted July 6, 2012 at 4 :15 p.m .
Internet access to agendas and related material is available prior to Counci l
Meetings at www .slocity .org .
Sheryll Schroeder, MM C
Interim City Clerk