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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.