HomeMy WebLinkAbout05-16-2023 City Council Agenda - Amended
City Council
REVISED AGENDA
Tuesday, May 16, 2023, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
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.CLOSED SESSION: STARTS AT 4:00 PM
1.a CALL TO ORDER
Mayor Erica A. Stewart will call the Closed Session Meeting of the San Luis Obispo
City Council to order in the Council Hearing Room at City Hall, 990 Palm Street, San
Luis Obispo.
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 are set forth in a
letter from Kevin I. Shenkman, Attorney at Law, on behalf of his client Southwest
Voter Registration Education Project, alleging that the City’s current at-large election
system for the election of City Council members and the Mayor violates the
California Voting Rights Act and demanding that the City transition to by-district
elections. Mr. Shenkman’s letter dated February 17, 2023, is on file and available
for review in the City Clerk’s Office located at 990 Palm Street.
1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property: APN 002-326-021, 1134, 1144 and 1146 Monterey Street
Agency Negotiators: Derek Johnson, J. Christine Dietrick, Matt Horn, Michael
Codron, Lee Johnson, Luke Schwartz, Nate Stong, Greg Hermann
Negotiating Parties: Judicial Council of California, City of San Luis Obispo, County
of San Luis Obispo
Under Negotiation: Price and terms of payment
1.d ADJOURNMENT
The City Council will hold a Regular Meeting on May 16, 2023 at 5:30 p.m. in 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 Emily Francis will lead the Council in the Pledge of Allegiance.
4.PRESENTATIONS
4.a LAGUNA MIDDLE SCHOOL COMMUNITY SERVICE AWARDS PRESENTATION
Mayor Stewart will present community service awards to students of Laguna Middle
School.
4.b PUBLIC WORKS AND UTILITIES WEEK PROCLAMATION
Mayor Stewart will present a proclamation declaring the week of May 21 - 27, 2023
as "Public Works and Utilities Week."
4.c NATIONAL FOSTER CARE MONTH PROCLAMATION
Mayor Stewart will present a proclamation declaring the month of May as "National
Foster Care Month."
4.d SEWER AND WATER RATES AND WATER SUPPLY UPDATE PRESENTATION
The City Council will receive a presentation from Utilities Director Aaron Floyd and
Utilities Deputy Director of Water Mychal Boerman on the Water and Sewer Rates
and water supply update.
4.e CAL PERS ADDITIONAL DISCRETIONARY PAYMENT AND FUTURE PAYMENTS
PRESENTATION
The City Council will receive a presentation from Finance Director Emily Jackson on
CalPERS additional Discretionary Payment and future payments.
4.f 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 6i.
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 - MAY 2, 2023 COUNCIL MINUTES
Recommendation:
Approve the minutes of the City Council meeting held on May 2, 2023.
6.c SECOND READING OF ORDINANCE NO. 1727 (2023 SERIES) AMENDING THE
ZONING MAP TO EXPAND THE CANNABIS BUSINESS OVERLAY ZONES AND
SECOND READING OF ORDINANCE NO. 1728 (2023 SERIES) AMENDING
CHAPTER 9.10 ADDING REQUIREMENTS FOR REAL PROPERTY OWNERS
Recommendation:
1.Adopt Ordinance No. 1727 (2023 Series) entitled, “An Ordinance of the City
Council of the City of San Luis Obispo, California, amending the City’s
Zoning Map to expand the Cannabis Business Overlay Zones where
cannabis businesses may be located as may be allowed or conditionally
allowed by the underlying base zones and the rules and regulations
established in the city’s municipal code (RZ-0118-2023)”; and
2.Adopt Ordinance No. 1728 (2023 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 adding requirements for
owners that lease real property to commercial cannabis operators (CODE-
0164-2023).”
*6.d ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT AND RESCINDING OF
EMERGENCY DROUGHT DECLARATION
Recommendation:
1.Receive and file the City’s 2023 Water Supply and Demand Assessment;
and
2.Adopt a Draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, rescinding Resolution No. 11353,
returning the City of San Luis Obispo to the Monitor Stage of its Water
Shortage Contingency Plan.”
*6.e 2023-24 CENTRAL SERVICES COST ALLOCATION PLAN
Recommendation:
Adopt the 2023-24 Central Services Cost Allocation Plan including the Cost of
Services Allocation and Labor Rates.
6.f FY 2023-24 GRANT APPLICATIONS FOR THE ALCOHOLIC BEVERAGE
CONTROL, OFFICE OF TRAFFIC SAFETY, AND POLICE REFORM AND RACIAL
JUSTICE GRANT PROGRAM
Recommendation:
1.Authorize staff to submit grant applications to the following entities:
a.FY 2023-24 Department of Alcoholic Beverage Control in an amount
not to exceed $95,000.
b.FY 2023-24 Office of Traffic Safety in the amount not to exceed
$170,000.
c.FY 2023-24 Police Reform and Racial Justice Grant Program not to
exceed $75,000.
2.Adopt a Draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, Authorizing Grant Applications for
Funding Provided Through the Department of Alcoholic Beverage Control to
Increase Education and Enforcement Programs Focusing on Underage
Drinking and Retail Alcohol Outlets” authorizing the City Manager to enter
into a contract with the State as required by the Department of Alcoholic
Beverage Control; and
3.If the grants are awarded, authorize the City Manager or his designee to
execute grant related documents and authorize the Finance Director to
make the necessary budget adjustments upon the award of the grant.
*6.g AUTHORIZATION OF ADDITIONAL FUNDING FOR THE GROUNDWATER
CONTAMINATION CHARACTERIZATION PROJECT IMPLEMENTATION PHASE
Recommendation:
1.Approve the use of up to $730,085 of available funding for the Groundwater
Contamination Characterization Project, Proposition 1 Groundwater Grant
Program Round 3 Implementation Phase; and
2.Authorize the City Manager to execute required grant, consultant, and
construction-related agreements; and
3.Authorize the City Manager to approve amendments and change orders up
to $412,494 or the remaining project balance; and
4.Authorize the City Manager to approve contract agreements for the project,
not to exceed a cumulative total of $7,020,344.
*6.h AUTHORIZATION TO ADVERTISE RESERVOIR NO. 2 COVER REPLACEMENT,
SPECIFICATION 2000034-2
Recommendation:
1.Approve the project plans and specifications for Reservoir No. 2 Cover
Replacement, Specification Number 2000034-2; and
2.Authorize staff to advertise for bids; and
3.Authorize the City Manager to award the construction contract for the lowest
responsible bid if within the Publicly Disclosed Funding Limit of $2,500,000;
and,
4.Authorize the City Engineer to approve Contract Change Orders up to the
available project budget.
*6.i 2023-24 ROAD MAINTENANCE RECOVERY ACT (SB1) FUNDING AND
PROJECTS
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, adopting a list of projects for Fiscal Year 2023-24 funded by
SB 1: The Road Repair and Accountability Act of 2017.”
7.PUBLIC HEARING AND BUSINESS ITEMS
*7.a APPROPRIATE FUNDING FOR THE INFRASTRUCTURE INVESTMENT FUND
FOR THE REAL PROPERTY ACQUISITION OF 1106 WALNUT STREET, SAN
LUIS OBISPO, CALIFORNIA (15 MINUTES)
Recommendation:
1.Approve the purchase of 1106 Walnut Street; and
2.Appropriate funding in the amount of $5,770,000 from the Infrastructure
Investment Fund and transfer to the Capital Outlay Fund for the real
property acquisition of 1106 Walnut Street and the creation of a Capital
Improvement Program Project to fund a project to address security, IT and
other costs associated with the City’s use and occupation of the building;
and
3.Adopt a Draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, approving an amendment to the 2022-
23 Budget Allocation for Fiscal Year 2022-23 for purchase and use of the
office building located at 1106 Walnut Street.”
*7.b FISCAL YEAR 2022-23 THIRD QUARTER BUDGET REVIEW (30 MINUTES)
Recommendation:
Receive and file the Fiscal Year 2022-23 Third Quarter Budget report.
*7.c INTRODUCE AN ORDINANCE TO REPEAL AND REPLACE MUNICIPAL CODE
TITLE 16 APPROVING A COMPREHENSIVE UPDATE TO THE SUBDIVISION
REGULATIONS (45 MINUTES)
Recommendation:
As recommended by the Planning Commission, introduce a Draft Ordinance entitled,
“An Ordinance of the City Council of the City of San Luis Obispo, California,
repealing Title 16 (Subdivision Regulations) of the Municipal Code in its entirety and
introducing and adopting a replacement Title 16 to include recommended updates
and amendments as reflected in the attached Exhibit A (CODE-0155-2023)”
*7.d RIGHETTI HILL OPEN SPACE CONSERVATION PLAN (45 MINUTES)
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, approving the Righetti Hill Open Space Conservation Plan
and adoption of an Addendum to the Orcutt Area Specific Plan Final Environmental
Impact Report.”
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 June 6, 2023 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.