HomeMy WebLinkAbout04-18-2023 Agenda - AMENDED
City Council
REVISED AGENDA
Tuesday, April 18, 2023, 5:30 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) 781-7114.
1.CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to
order.
2.PLEDGE OF ALLEGIANCE
Council Member Michelle Shoresman will lead the Council in the Pledge of Allegiance.
3.PRESENTATIONS
3.a SEXUAL ASSAULT ACTION MONTH PROCLAMATION
Mayor Stewart will present a proclamation declaring the month of April as "Sexual
Assault Action Month."
3.b INTRODUCTION - CHERE VALENCIA, PAYROLL ANALYST
Finance Director Emily Jackson will introduce Chere Valencia, Payroll Analyst.
3.c CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.
3.d CITYWIDE USER AND IMPACT FEE STUDY PRESENTATION
The City Council will receive a presentation from Business Manager Rebecca
Bernstorff on a Citywide User and Impact Fee Study.
4.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.
5.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 5a to 5j.
5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
5.b MINUTES REVIEW - APRIL 4, 2023 COUNCIL MINUTES
Recommendation:
Approve the minutes of the City Council meeting.
5.c ADOPT ORDINANCE NO. 1726 (2023 SERIES) AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE TO IMPLEMENT HOUSING
ELEMENT PROGRAM 2.15 AND POLICY 6.6 TO PROVIDE A DOWNTOWN
FLEXIBLE DENSITY PROGRAM
Recommendation:
Adopt Ordinance No. 1726 (2023 Series) entitled, “An Ordinance of the City Council
of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of
the Municipal Code to incorporate a Downtown Flexible Density Program for
qualifying residential projects. Project is consistent with the previous Mitigated
Negative Declaration for the 2018 Comprehensive Zoning Regulations Update
(Downtown Flexible Density Program, CODE-0017-2023).”
5.d REVIEW AND ACCEPT THE 2022 GENERAL PLAN ANNUAL REPORT
Recommendation:
As recommended by the Planning Commission, review and accept the 2022 General
Plan Annual Report.
5.e ANNUAL MONITORING FOR THE SAN LUIS RANCH DEVELOPMENT
AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS
Recommendation:
Receive and file the annual monitoring report for the San Luis Ranch Development
Agreement, mitigation measures, and required project conditions.
5.f APPROVE AMENDMENTS TO APPOINTED OFFICIALS’ COMPENSATION
Recommendation:
1.Adopt a Draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, amending a Contract of Employment for
the City Manager” to approve an amendment to the City Manager’s
employment contract; and
2.Adopt a Draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, amending a Contract of Employment for
the City Attorney” approving amendment to the City Attorney’s employment
contract; and
3.Authorize the Mayor to execute amended contracts of employment with the
City Manager, adjusting his salary and deferred compensation contribution,
and approve mediation training for the City Attorney.
5.g ADOPT A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
ESTABLISH A “PARK LOCAL” PILOT PROGRAM
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, authorizing the Public Works Director or their designee to
implement the Park Local Pilot Program” that provides a continuation of the first hour
free in the gateless parking structures to registered San Luis Obispo County
residents.
5.h AFFORDABLE HOUSING FUND AWARD AND ELIGIBLE FEE DEFERRAL LOANS
TO HASLO FOR THE 736 ORCUTT ROAD APARTMENT AND 279 BRIDGE
STREET FAMILY APARTMENT PROJECTS
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, approving Affordable Housing Fund Awards to the Housing
Authority of San Luis Obispo for the 736 Orcutt Road Apartments and the 279
Bridge Street Family Apartments in the amount of $3,200,000” approving:
1.Award of Affordable Housing Funds in the amount of $2,000,000 and
eligible fee deferral loan to assist the Housing Authority of San Luis Obispo
(HASLO) with the rehabilitation and construction of the 736 Orcutt Road
Apartments located at 736 Orcutt Road; and
2.Award of Affordable Housing Funds and in the amount of $1,200,000 and
eligible fee deferral loan to assist the Housing Authority of San Luis Obispo
(HASLO) with the construction of the Bridge Street Family Apartments
located at 279 Bridge Street.
5.i AUTHORIZE STAFF TO SUBMIT A JOINT APPLICATION FOR HOMEKEY
ROUND 3 GRANT PROGRAM IN CONJUNCTION WITH PEOPLE’S SELF HELP
HOUSING CORPORATION
Recommendation:
1.Adopt a Draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, authorizing Joint Application to and
participation in the Homekey Program” in conjunction with People’s Self
Help Housing Corporation (PSHHC) for a 20-30 unit permanent supportive
and transitional housing project located at 920 Olive Street in a total not to
exceed $18,000,000; and
2.Direct staff to work with PSHHC to complete due diligence necessary for
the application; and
3.Authorize the City Manager, or their designee, to execute the grant
documents; and
4.Direct Staff to return to the City Council with a Memorandum of Agreement
outlining partnership service, program, and funding commitments prior to
accepting Homekey funds.
5.j APPROPRIATE AWARDED AIR POLLUTION CONTROL DISTRICT (APCD)
GRANT FUNDS AND FUTURE PG&E REBATES TO THE TRANSIT FACILITY
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROJECT,
SPECIFICATION 1000535
Recommendation:
1.Authorize the Finance Director to appropriate $482,677 of awarded grant
funding from the Air Pollution Control District (APCD) to the project account
(Spec. 2000535); and
2.Authorize the Finance Director to appropriate up to $50,000 of grant funding
from PG&E to the project account (Spec. 2000535) once awarded.
*5.k AUTHORIZE THE CITY MANAGER AND THE COMMUNITY DEVELOPMENT
DIRECTOR TO ADMINISTRATIVELY SUSPEND ENFORCEMENT OF SAN LUIS
OBISPO MUNICIPAL CODE CHAPTER 8.11, CONSISTENT WITH THE NINTH
COURT OF APPEAL RULING IN CA RESTAURANT ASSN. V CITY OF
BERKELEY
Recommendation:
1.Approve by a two-thirds vote of the Council the late placement of this item
on the amended public agenda for a vote based on findings, pursuant to
Government Code Section 54954.2(b)(2), that:
a.There is a need to take immediate action to authorize the City Manager
and Community Development Director to implement administrative
measures currently necessary, or as subsequently may become
necessary in response to subsequent judicial actions, to comply with
the ruling of the Ninth Circuit Court of Appeal in California Restaurant
Association v. City of Berkeley (Case No. 21-16278); and
b.The need for action came to the attention of the City when the ruling
was filed on April 17, 2023, subsequent to the agenda being posted as
specified in subdivision Section 54954.2 (a).
2.Adopt a Draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, authorizing the City Manager and the
Community Development Director to administratively suspend enforcement
of San Luis Obispo Municipal Code Chapter 8.11, consistent with, and only
as required by, the decision of the Ninth Circuit Court of Appeal Ruling in
California Restaurant Association v. City of Berkeley and any subsequent
judicial proceeding or order of the Court related to the timing and application
of the ruling.”
6.PUBLIC HEARING AND BUSINESS ITEMS
6.a AUTHORIZATION TO ADVERTISE ARTERIALS 2023 PROJECT, SPECIFICATION
NO. 2001001-1 (Estimated Time: 20 minutes)
Recommendation:
1.Approve the project plans and specifications for Arterials 2023,
Specification Number 2001001-1, for a total amount of $9,688,450; and
2.Authorize staff to advertise for bids; and
3.Authorize the City Manager to award the construction contract, including the
Base Bid and any Additive Alternates, if the lowest responsible bid is within
the publicly disclosed funding amount of $7,350,000; and
4.Authorize the City Engineer to approve Contract Change Orders up to the
available project budget.
6.b 2023-25 FINANCIAL PLAN – STRATEGIC BUDGET DIRECTION AND MAJOR
CITY GOAL WORK PROGRAM REVIEW (Estimated Time: 150 minutes)
Recommendation:
1.Review the strategic budget direction report; and
2.Provide feedback and guidance to the City Manager regarding the
recommended strategic budget direction and proposed budget allocations
to commence budget adoption on June 6, 2023.
3.Authorize participation in the Excess Protection Program (EPP) for workers’
compensation coverage.
a.Authorize the City Manager to accept a Memorandum of Coverage
(MOC), when finalized, from California Joint Powers Insurance
Authority (CJPIA) for the Excess Protection Program for workers’
compensation coverage and execute any necessary documentation to
enroll in that program. As an example, an existing MOC with CJPIA.
b.Adopt a Draft Resolution entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, to authorize and approve
pooling of Self-Insurance through the Excess Workers’ Compensation
Protection Program of the California Joint Powers Insurance Authority”.
This includes contemporaneous execution by the Mayor of an
application for a Certificate of Consent, from the California Department
of Industrial Relations, for the City to self-insure workers’ compensation
liabilities.
c.Authorize City Manager to execute an agreement with Athens
Administrators for third-party administration services for the workers’
compensation program.
7.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)
8.ADJOURNMENT
The next Regular Meeting of the City Council will be held on May 2, 2023 with Closed
Session at 4:30 p.m. in the Council Hearing Room and the Regular Meeting 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) 781-7114 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-
7114.