HomeMy WebLinkAboutR-11414 authorizing City Manager and CDD Director to administratively suspend enforcement of Chapter 8.11 (All-Electric New buildings)R 11414
RESOLUTION NO. 11414 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO 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
WHEREAS, on July 19, 2022, City Council adopted Ordinance 1717 (2022 Series),
now codified as City of San Luis Obispo Municipal Code Chapter 8.11 (All -Electric New
Buildings); and
WHEREAS, on April 17, 2023 a three-judge panel of the Ninth Circuit Court of
Appeal issued a decision holding that an ordinance of the City of Berkeley with similar
objectives as the City’s ordinance is preempted by the Energy Policy and Conservation
Act of 1975; and
WHEREAS, it has been reported that the City of Berkely may seek en banc review
and that the binding nature of the case on parties other than the litigants has not been
finally resolved.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Authorization to Suspended Enforcement. The City Manager and the
Community Development Director shall be authorized to suspend enforcement of City 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 and/or order of
the Court related to the timing and application of the ruling.
DocuSign Envelope ID: 616843CC-9821-4F0F-908E-D7915D7D8454
Resolution No. 11414 (2023 Series) Page 2
R 11414
SECTION 2. Notice. Any action by the authorized officials suspending enforcement
of Chapter 8.11 shall be in writing made publicly available for review and posted to the
City’s website, and shall also be provided to affected development applicants in the City
at the time of application, or as otherwise necessary to provide direct notice to applicants
regarding the impacts of such actions on the processing of their applications.
Upon motion of Vice Mayor Marx, seconded by Council Member Shoresman, and
on the following roll call vote:
AYES: Council Member Francis, Shoresman, Vice Mayor Marx, and Mayor
Stewart
NOES: None
RECUSED: Council Member Pease
The foregoing resolution was adopted this 18th day of April 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
DocuSign Envelope ID: 616843CC-9821-4F0F-908E-D7915D7D8454
4/20/2023 | 2:56 PM PDT