HomeMy WebLinkAbout5/4/2021 Item 16, Dietrick
Council Agenda Correspondence
City of San Luis Obispo, Council Memorandum
Date:May 4, 2021
TO:Mayor and Council
FROM: J. Christine Dietrick, City Attorney
VIA:Derek Johnson, City Manager
SUBJECT:Item 16-SECOND READING AND ADOPTION OF ORDINANCE 1695 (2021
SERIES) ADDING CHAPTER 8.10 (SHOPPING CARTS, AND ORDINANCE
1696 (2021 SERIES) AMENDING CHAPTER 12.04 (ENCROACHMENTS AND
EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS
Late in the afternoon May 3, 2021, staff and Council received a document entitled “Demand Letter
on Behalf of Unhoused Clients from CRLA PILP and the Law Offices of Babak Naficy” attached
to an email. The letter makes several assertions regarding City actions and policies related to
homeless individuals that staff believes are both legally and factually inaccurate, as well asin
conflict with City records and staff input regarding encampment cleanup efforts and numerous
staff attempts to connect unhoused residents with services and shelter or housing. The letter also
directly threatens litigation against the Cityrelated to the adoption of the tent and shopping cart
ordinances introduced on April 13, 2021.
In that context, and while staff does not agree that the item 16 ordinances specifically focus on
unhoused individuals, staff isrecommending that theCouncilcontinuethe final adoption of the
shopping cart and tent ordinances to a date uncertain,and that Councildirect staff to schedule a
closed session to discuss the litigation threat. When the matter is re-scheduled for consideration,
staff will also make clerical consistency changes to the cart ordinance noted by another commenter.
In the interim, staff intends to propose to CRLA and co-counsel that we participate in a facilitated
fact-finding and mediation discussion in an effort to establish an accurate factual foundation for
future discussion and to better understand CRLA’s proposed demands and any alternative
proposals inwhich they might participate with the goal ofreaching mutually beneficial community
solutions with the Cityfor the benefit of all residents.Through that process, staff would hope to
identify options to avoid the wasteful expenditure of staff and financial resources on litigation,
rather than solutions.
Council should note that the tent ordinance amendmentsintroduced at the April 13, 2021 Council
meeting and scheduled for adoption tonight are clarifications of existing long-standing provisions
and staff will continue to enforce existing park hours and other restrictions of activities in parks
that have been in place for many years. Staff will, of course, alsocontinue to enforce against and
cite illegal behaviors city-wide, regardlessof the status of the violator(i.e., public drinkingand
smoking, littering,vandalism andthreatening or assaultive behavior). Staff will also continue to
offer services and assistance with shelter and housing to unhoused individuals.