HomeMy WebLinkAbout11-01-2022 Agenda - AMENDED
City Council
REVISED AGENDA
Tuesday, November 1, 2022, 4:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be
supported. For those attending in-person, the Council Chamber will be at limited capacity and masks
are strongly recommended. Council meetings may be viewed remotely on Channel 20 and the City's
YouTube Channel: http://youtube.slo.city
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990
Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to emailcouncil@slocity.org. In the body of your
email, please include the date of the meeting and the item number (if applicable). Emails will not
be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the
agenda item number you are calling about, and leave your comment. Verbal comments must be
limited to 3 minutes. Voicemails will not be played during the meeting.
*All correspondence will be archived and distributed to councilmembers, however, submissions
received after the deadline will not be processed until the following day.
Public Comment during the meeting:
Meetings have returned to an in-person format. To provide public comment during the meeting,
you must be present in the Council Chambers.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy,
Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire
to utilize electronic visual aids to supplement their oral presentation are encouraged to provide
display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the
City Clerk's Office at cityclerk@slocity.org or (805) 781-7100.
1.CLOSED SESSION: STARTS AT 4:30 PM
Mayor Erica A. Stewart will call the Closed Session to order at 4:30 p.m. in the Council
Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
1.a.PUBLIC COMMENT ON CLOSED SESSION ITEMS
At this time, Public Comment will only be accepted for Closed Session items.
1.b.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9. No. of potential cases: One.
A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency.
The existing facts and circumstances exposing the City to litigation include the
following:
In November 2019, a letter was received from Robert Goodman, Attorney at Law, on
behalf of his client Jamie Gomez, asserting that the City of San Luis Obispo’s
method of conducting elections may violate the California Voting Rights Act.
Pursuant to California law, Mr. Goodman, on behalf of his client Jamie Gomez,
demanded that the City Council adopt a resolution within 45 days of receipt of the
letter outlining its intention to transition from at-large to district elections and
specifying specific steps it would take to facilitate this transition. The deadline for the
City Council to adopt a resolution to this effect would have been the end of
December 2019, but extensions to the resolution-adoption deadline have been
negotiated and the deadline now stands at December 31, 2022. If a resolution has
not been adopted by the December 31 deadline, and no further extension has been
granted, then legal action may be commenced in San Luis Obispo County Superior
Court to seek to compel the City of San Luis Obispo to institute district elections
pursuant to the California Voting Rights Act. On October 14, 2022, the City received
additional correspondence from Mr. Goodman outlining a proposal on behalf of his
client to withdraw the operative demand letter in exchange for various
accommodations. The original demand letter is on file with the City Clerk and
available for public inspection upon request.
*1.c.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property:
APN 001-207-018
Agency Negotiators:
Derek Johnson, J. Christine Dietrick, Shelly Stanwyck, Greg Cruce, Matt Horn, Emily
Jackson, Rick Scott
Negotiating Parties:
Anderson Commercial Real Estate Services
Under Negotiation:
Price and terms of payment
1.d.ADJOURN CLOSED SESSION
Adjourn to the Regular Meeting of the City Council scheduled for Tuesday,
November 1, 2022 at 5:30 pm, at the Council Chambers at City Hall, 990 Palm
Street, San Luis Obispo.
2.CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to
order.
3.PLEDGE OF ALLEGIANCE
Council Member Andy Pease will lead the Council in the Pledge of Allegiance.
4.PRESENTATIONS
4.a.PROCLAMATION - ARBOR DAY
Mayor Stewart will present a proclamation declaring November 5, 2022 as "Arbor
Day".
4.b.PROCLAMATION - FAMILY COURT AWARENESS MONTH
Mayor Stewart will present a proclamation declaring the month of November as
"Family Court Awareness Month".
4.c.PROCLAMATION - NATIONAL ADOPTION MONTH
Mayor Stewart will present a proclamation declaring the month of November as
"National Adoption Month".
4.d.INTRODUCTION - ALEJANDRO HERNANDEZ, FACILITIES MAINTENANCE
SUPERVISOR
Deputy Public Works Director of Maintenance Greg Cruce will introduce Alejandro
Hernandez, Facilities Maintenance Supervisor.
4.e.CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.
5.PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. 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.
6.CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be
non-controversial and will be acted upon at one time. A member of the public may request
the Council to pull an item for discussion. Pulled 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.
Recommendation:
To approve Consent Calendar Items 6a to 6e.
6.a.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
6.b.MINUTES REVIEW - OCTOBER 11, 2022 AND OCTOBER 18, 2022 COUNCIL
MINUTES
Recommendation:
Approve the following minutes of the City Council:
•October 11, 2022 - Special Closed Session Meeting
•October 18, 2022 - Regular Meeting
6.c.SECOND READING OF ORDINANCE NO. 1722 (2022 SERIES) AMENDING TITLE
9, CHAPTER 10 (CANNABIS REGULATIONS) OF THE CITY OF SAN LUIS
OBISPO MUNICIPAL CODE
Recommendation:
Adopt Ordinance No. 1722 (2022 Series) entitled, “An Ordinance of the City Council
of the City of San Luis Obispo, California, Amending Chapter 9.10 (Cannabis
Regulations) of the Municipal Code for Commercial Cannabis Operator Permits and
Personal Cultivation” clarifying the requirements for applying, obtaining, activating,
and renewing commercial cannabis operator permits in the City.
6.d.CONSIDERATION OF FUNDING PRIORITIES FOR THE 2023-24 COMMUNITY
DEVELOPMENT BLOCK GRANTS AND HUMAN SERVICES GRANTS
(FORMERLY KNOWN AS GRANTS-IN-AID)
Recommendation:
As recommended by the Human Relations Commission (HRC), approve the
Community Development Block Grant (CDBG) and Human Services Grants funding
priorities for the 2023-24 funding year.
6.e.APPROVE FY 2022-25 ANIMAL CARE AND CONTROL SERVICES CONTRACT
WITH THE COUNTY OF SAN LUIS OBISPO
Recommendation:
Approve a three-year contract with the County of San Luis Obispo for the continued
provision of Animal Care and Control Services from July 1, 2022 to June 30, 2025 in
the amount of $190,984 for the first year, with annual adjustments thereafter, and
authorize the Mayor to execute the contract.
7.PUBLIC HEARING AND BUSINESS ITEMS
7.a.ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (Estimated Time: 20 minutes)
Recommendation:
1.Conduct a public hearing to receive testimony regarding the City Council’s
intention to continue the San Luis Obispo Tourism Business Improvement
District and determine whether a legally sufficient protest is made; and
2.If no legally sufficient protest is made, adopt a Draft 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.”
7.b.CONSIDERATION OF 2022-23 DIVERSITY, EQUITY, AND INCLUSION HIGH
IMPACT GRANT FUNDING RECOMMENDATIONS (Estimated Time: 45 minutes)
Recommendation:
1.As recommended by the Human Relations Commission, approve the
funding allocations for the 2022-23 Diversity, Equity, and Inclusion (DEI)
High Impact Grant programs in the amount of $300,000; and
2.Authorize the City Manager to execute agreements with each grant
recipient.
7.c.INTRODUCE AN ORDINANCE TO ADOPT BY REFERENCE THE 2022
CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS
(Estimated Time: 30 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 edition of the California Building Standards Code
and adopting findings of fact to support the amendments” amending Chapters 15.02
and 15.04 of the Municipal Code adopting, by reference, the 2022 editions of the
California Code of Regulations Title 24, the 1997 editions of the Uniform Housing
Code and the Uniform Code for the Abatement of Dangerous Buildings, and the
2021 edition of the International Property Maintenance Code, with amendments.
8.LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At
this time, any Council Member or the City Manager may ask a question for clarification,
make an announcement, or report briefly on their 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)
9.ADJOURNMENT
The next Regular Meeting of the City Council will be held on November 15, 2022 at 5:30
p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
LISTENING ASSISTIVE DEVICES for the hearing impaired - see the 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 meetings are televised live on Charter Channel 20 and the City's YouTube
Chanel: http://youtube.slo.city. 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
https://www.slocity.org/government/mayor-and-city-council/agendas-and-minutes. Persons
with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-
7100.