HomeMy WebLinkAbout11-01-2016 Agenda
Tuesday, November 1, 2016
4:30 PM
REGULAR MEETING
Council Hearing Room
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
PUBLIC COMMENT ON CLOSED SESSION ITEM
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code § 54956.9
Name of case: Kevin Waddell vs. City of San Luis Obispo; San Luis Obispo County
Superior Court Case No. 16CV-0491
B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code § 54956.9
Name of case: San Luis Obispo Property and Business Owners Association, Stephen and
Janine Barasch, The Barasch Revocable Family Trust, Matthew and Jean Kokkonen, and
The Kokkonen Family Trust vs. City of San Luis Obispo; San Luis Obispo County
Superior Court Case No. 16CV-0493
RECESS TO THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 1, 2016
San Luis Obispo City Council Agenda November 1, 2016 Page 2
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
PLEDGE OF ALLEGIANCE: Council Member John Ashbaugh
CITY ATTORNEY REPORT ON CLOSED SESSION
PRESENTATIONS
1. PROCLAMATION - ARBOR DAY (MARX – 5 MINUTES)
Presentation of a Proclamation proclaiming November 5, 2016 as "Arbor Day in the City of
San Luis Obispo."
2. PROCLAMATION - TWENTIETH ANNIVERSARY OF SLO GREENBELT
(MARX – 5 MINUTES)
A presentation of a Proclamation honoring the Twentieth Anniversary of the City of San
Luis Obispo's Greenbelt Protection Program.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(not to exceed 15 minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to
follow up on such items.
San Luis Obispo City Council Agenda November 1, 2016 Page 3
CONSENT AGENDA
A member of the public may request the Council to pull an item for discussion. Pulled items
shall be heard at the close of the Consent Agenda unless a majority of the Council chooses
another time. The public may comment on any and all items on the Consent Agenda within the
three-minute time limit.
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation
Waive reading of all resolutions and ordinances as appropriate.
4. MINUTES OF SEPTEMBER 20, 2016 (GALLAGHER)
Approve the Minutes of the City Council meeting of September 20, 2016.
5. TRANSIT FACILITY CLASSROOM REMODEL, SPECIFICATION NO. 91384
(GRIGSBY / MCGUIRE)
Recommendation
1. Approve plans and specifications for the “Transit Facility Classroom Remodel,
Specification No. 91384”; and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award a construction contract to the lowest responsible
bidder if the bid is within the Engineer’s Estimate of $130,000.
6. RAILROAD SAFETY TRAIL CLASS I CONNECTION – LAUREL & ORCUTT
SPECIFICATION NO. 91373 (GRIGSBY / SCHWARTZ)
Recommendation
1. Approve plans and specifications for the Railroad Safety Trail Class I Connection -
Laurel & Orcutt project, Specification No. 91373; and
2. Authorize staff to formally advertise for bids; and
3. Authorize the City Manager to award the construction contract if the lowest bid is within
the Engineer’s Estimate of $159,000.
San Luis Obispo City Council Agenda November 1, 2016 Page 4
PUBLIC HEARINGS
7. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (JOHNSON / CANO – 10 MINUTES)
Recommendation
1. Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the citywide Tourism Business Improvement District; and
2. Determine whether a legally sufficient protest is made; and
3. If no legally sufficient protest is made, adopt a Resolution entitled “A Resolution of the
City Council of the City of San Luis Obispo, California, declaring the basis for and the
levy of the assessment for the San Luis Obispo Tourism Business Improvement District,
and affirming the establishment of the district” for fiscal year 2016-17.
8. INTRODUCTION OF AN ORDINANCE TO ADOPT BY REFERENCE THE 2016
CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS
(CODRON / OLSON / SCHNEIDER / MAGGIO – 60 MINUTES)
Recommendation
Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis
Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and
amend the latest editions of the California Building Standards Codes and adopting findings
of fact to support the amendments.”
BUSINESS ITEMS
9. ADOPTION OF 2020 PARKS AND RECREATION STRATEGIC PLAN
(STANWYCK / MUDGETT – 30 MINUTES)
Recommendation
As recommended by the Parks and Recreation Commission (PRC) adopt the 2020 Parks and
Recreation Department’s Strategic Plan.
San Luis Obispo City Council Agenda November 1, 2016 Page 5
10. PUBLIC WORKS DEPARTMENT ANNUAL REPORT
(GRIGSBY / BETZ – 15 MINUTES)
Recommendation
Receive and file the Public Works Department’s Annual Report.
COUNCIL LIAISON REPORTS
(Not to exceed 15 minutes) Council Members report on conferences or other City activities.
Time limit—3 minutes each.
COUNCIL COMMUNICATIONS
(Not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a
question for clarification, make an announcement, or report briefly on his or her activities. In
addition, subject to Council Policies and Procedures, they may provide a reference to staff or
other resources for factual information, request staff to report back to the Council at a
subsequent meeting concerning any matter, or take action to direct staff to place a matter of
business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Regular City Council Meeting are scheduled for Tuesday, November 15, 2016 at 4:00
p.m., and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo,
California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
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.
Page intentionally left
blank.
CITY OF SAN LUIS OBISPO
AFFIDAVIT OF POSTING AGENDA
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) SS.
CITY Of SAN LUIS OBISPO )
AFFIDAVIT OF POSTING — CITY COUNCIL
REGULAR AGENDA OF: November 1, 2016
I, Kevin Christian, declare as follows:
That I am the Administrative Assistant for the City of San Luis Obispo; that a copy of the above
referenced meeting agenda of November 1, 2016 was posted on the bulletin board outside City Hall,
990 Palm Street, San Luis Obispo, California, and on the City's website www.slocity.org at 4:00
p.m. on October 25, 2016.
I declare under the penalty of perjury that the foregoing is true and ZEVVIN
tt CHRISTIAN
ADMIN ASSISTANT
THENewspaper of the Central Coast
MBUNE
emm.
OCT 3 1 2016
9W PITY OLERK
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 2738029
CITY OF SAN LUIS OBISPO
OFFICE OF THE. CITY CLERK
STATE OF CALIFORNIA
ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I atn over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
OCTOBER 22, 2016, that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case 419139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
(Sign re of Principal Clerk)
DATED: OCTOBER 22, 2016
AD COST: $716.88
0 SfM crryDlp
LCW 0B1SP0
RESOLUTION NO. 10745 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO
CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IM-
PROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND
TO LEVY THE ASSESSMENT FOR THE DISTRICT, AND TO
SET A DATE FOR THE PUBLIC HEARING ON THE DISTRICT
AND THE ASSESSMENT FOR 2016-17
WHEREAS, the Parking and Business Improvement Law of
1989, sections 36500 et seq. of the Streets and Highways Code,
authorizes cities to establish business improvement districts for
5evBrat purposes, one of which is promotion of tourism; and
WHEREAS; the lodging businesses within the proposed City of
an Luis Obispo Tourism Business Improvement District had re -
jested the City of San Luis Obispo establish such a self-
sessrnent improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business improve-
ment District was establ[shed in July 2008 by Ordinance No. 1517
and codified into Chapter 12.42 of the City's Municipal Code; and
WHEREAS, the assessment went into effect on October 1,
2008: and
WHEREAS, the City Council appointed an advisory board to pro-
vide oversight, guidance, and recommendations regarding the else
of the assessment funds; and
WHEREAS, the City Municipal Code and the Parking and Busi-
tss Improvement Law require the advisory board to prepare and
ibmlt an annual report stating proposed changes, improvements
id activities for the fiscal year; and
WHEREAS, notices regarding the approval of the annual report
:re sent on October .7. 2016 to all assessed properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Luis Obispo as follows:
a) That the Tourism Business Improvement District Annual Report
for fiscal year 2015-16 as filed by the advisory body is hereby ap-
proved.
b) The San Luis Obispo City Council proposes to continue the es-
tablished Tourism Business Improvement District in the City of
San Luis Obispo in accordance with City Municipal Code Chapter
12.42 and the California Streets and Highways Code, sections
36500 et seq. (Parking and Business Improvement Law of 1989).
c) The assessment levied by the Tourism Business Improvement
District shall be used to promote lodging at the hotels within the
district and administer a marketing program that increases over-
night hotel stays pursuant to the set goals.
d) The'assessment will be levied and allocated by the City of San
Luis Obispo.
The assessment is proposed to be levied on all "hotels", as that
m is defined in San Luis Obispo Municipal Code section
14.020, to wit: any structure, or any portion of any structure,
rich is occupied or intended or designed for occupancy by transi-
ts for dwelling, lodging or sleeping purposes, and includes any
tel. inn, tourist home or house, motel, studio hotel, bachelor ho-
, lodging house, rooming house, apartment house, dormitory.
blic or private club, mobile home or house trailer at a fixed loca-
n, or other similar structure or portion thereof.
The assessment shall be based on two percent (2%) of gross
om rent.
New hotels shall not be exempt from immediate assessment.
,-F- - iu me rarKing and business Improvement Law of
989, section 36535 of the Streets and Highways Code, is to al-
tw for comments on the District and proposed assessment, and
o hereby set for 6 p.m., Tuesday, November 1, 2016, before th
'sty Council of San Luis Obispo at the City Council Cham-
ers at 990 Palm Street, San Luis Obispo, California.
At the public hearing, the testimony a; wi interested persons for
against the continuation of the District, the boundaries of the
istrict..or the furnishing of specified types of improvements or ac-
rities will be heard.
Any Prorest again; the continuation of the My of San Luis Obi
io Tourism Business Improvement District and the levying pt the
sessmenl, or any aspect thereof. May be made in writing. A pro-
st may be withdrawn at any time before the conclusion of the
iblic hearing. Any written protest shall contain a description of
e business in which the person signing the pretest is not shown
i the official records of the City of San Luis Obispo as ft owner
the business, then the protest shall contain Or be accompanied
written evidence that the person is the owner of the authorized
, Msenlalive OF the business. Any protest as to the regularity or
id" of the proceedings shall be in writing and cteady state
a irregularity or detect to the City of San Luis Obispo at 990
Im Street. San Luis Obispo, CA 93404.
If, at the conclusion of the public hearing, there are of record,
iter protests by the owners of businesses within ft proposed
n Luis Obispo Tourism Business Improvement District that wlil
V fifty percent (50%) or more of the iota' assessments a the en -
r San Luis Obispo Tourism Business Improvement District, no
ter pnxeedings to continue the San Luis Obispo Tourism Bus! -
;S Improvement District shay occur. New proceedings to form
San Luis Obispo Tounsm Business Improverrrent Djsrict517a11
be undertaken again for a period of at least one (1) year from
date of the finding. If the majority of written protests are only
to an improvement or activity proposed. than that type of im-
vement or activity shall not be Included in the San Luis Obispo
jnsm Improvement District.
BE IT FURTHER RESOLVED, that the City Clerk is instructed
provide notice as required by the City Municipal Code Chapter
2.42 and the Parking and Business Improvement Law of 1989,
ection 36534, subpart (b) of the Streets and Highways Code, to
it the City Clerk shall give notice of the public hearing by caus-
Q the resolution of intention to be published once in a newspaper
f general circulation in the City no less than seven days before
re public hearing.
motion of Council Member Ashbaugh, seconded by Council
er Christianson, and on the following roll call vote:
Council Members Ashbaugh, Christianson and Rivoire,
Vice Mayor Carpenter and Mayor Manx
None
NT: None
foregoing resolution was adopted this 18th day of October
Mayor Jan Marx
Carrie Gallagher
v Clerk
PROVED AS TO FORM:
J. Christine Dietrick
y Attorney
For more information, you are invited to contact Molly Cano, Tour
ism Manager, at (805) 781-7165 or by email mcano@slocity.org
The City Courfcil may also discuss other hearings or business
items before or after the items listed above. If you challenge the
Proposed project in court, you may be limited to raising only those
issues you or someone else raised at the public hearing descri-
bed 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 in the City Cler-
k's Office and online at www.slocity.org on Wednesday, October
2$. 2016. Please call the City Clerk's Office at (805) 781.7100 for
more information. The City Council meeting will be televised live
on Charter Cable Channel 20 and live streaming on www.slocity
to Gallagher
Clerk
of San Luis Obispo
Der 22, 2016 2738029
1C
QD 3 lzm_ 9
THE Newspaper of the Cen OCT 3 1 2M
l"0 ql` y CLERK
3825 South Higuera • Post Office Box 112 • San Luis Obispo, Califon
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 2736847
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
ss.
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 and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
OCTOBER 22, 2016, that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
(Sig tore of Principal Clerk)
DATED: OCTOBER 22, 2016
AD COST: $234.32
CM OF
&MLMSOBISPO
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites
all interested persons to attend a public
hearing on Tuesday. November 1, 2016,
at 6:00 p.m. in the City Hall Council
Chambers, 990 Palm Street, San Luis
Obispo. California, relative to the follow-
ing:
1. INTRODUCTION OF AN ORDINANCE
TO ADOPT THE 2016 CALIFORNIA
BUILDING AND FIRE CODES WITH LO-
CAL AMENDMENTS
A public hearing to consider introducing an
ordinance repealing Chapters 15.02 and
15.04 of the City of San Luis Obispo Munic-
ipal Code and creating new Chapters
15.02 and 15.04 adopting the 2016 ed-
-tions of the California Building, Residential,
Electrical, Plumbing, Mechanical, Energy,
Existing Building, Historical Building,
Green Building and Fire Codes, the 1997
editions of the Uniform Housing Code and
the Uniform Code for the Abatement of
Dangerous Buildings, and the 2016 edition
of the Intemalional Property Maintenance
Code, with amendments.
For more information, you are invited to
contact Anne Schneider of the City's Com-
munity Development Department at (805)
781-7572 or by email ataschneider@slo
Ci .or
2. ANNUAL PUBLIC HEARING FOR
THE TOURISM BUSINESS IMPROVE-
MENT DISTRICT
A public hearing to consider any protests
against the continuance of the San Luis
Obispo Tourism Business Improvement Dis-
trict (TBID). If a legally sufficient protest is
not made, consider adoption of a resolu-
tion affirming the continuation of the TBID,
setting forth the basis for the assessment,
end levying the assessment upon hotels in
the district for fiscal year 2016-17.
For more information, you are invited to
Contact Molly Cano of the City's Administra-
tion Department at (805) 781-7165 or by
email at rrusim slocity.drg_
The Council may also discuss other hear-
ings or business items before or after the
items listed above. If you challenge the
proposed action in court, you may be limit-
ed to raising only those issues you or
someone else raised at the public hearings
described in this notice, or in written corre-
spondance delivered to the City Council at,
or prior to, the public hearing.
Reports for this meeting will be available
for review in the City Clerk's Office and on-
Kne at www.slocity.org on Wednesday, Oc-
lober 26, 2016. Please call (805) 781-
7100 for more information. The City Coun-
cil meeting will be televised live on Charter
Cable Channel 20 and live streaming on
www.Slobty.Org.
Carrie Gallagher
City Clerk
City of San Luis Obispo
October 22. 2016 2736647