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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