City Council - April 18, 2023
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
1. 04-04-2023 City Council Draft Minutes.pdf
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
1. O-1726 Second Reading Downtown Flexible Density Program (CODE-0017-2023).pdf
2. A - Ordinance No. 1726 (2023 Series) Downtown Flexible Density Program.pdf 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
1. General Plan Annual Report 2022 Update (GENP-0090-2023).pdf
2. A - 2022 General Plan Annual Report.pdf
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
1. San Luis Ranch 2023 Annual Development Agreement and MMRP Monitoring Report.pdf
2. A – Summary of Compliance with Provisions of the Development Agreement.pdf
3. B – Summary of Compliance with the MMRP.pdf
4. C – Summary of Compliance with Project Conditions.pdf
5. D – San Luis Ranch Mitigation Monitoring and Reporting Plan (March 2023).pdf 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
1. Amendments to Appointed Officials' Compensation (City Manager and City Attorney).pdf
2. A - Draft Resolution approving amendments to the City Manager Employment Contract.pdf
3. B - Exhibit A to Attach A (Leg Draft) - 2023 City Manager Contract.pdf
4. C - Draft Resolution approving amendments to the City Attorney Employment Contract.pdf
5. D - Exhibit A to Attach C (Leg Draft) - 2023 City Attorney Contract.pdf
6. E - Pay For Performance Guide.pdf
Recommendation:
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 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 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
1. Establish a 'Park Local' Pilot Program.pdf
2. A - Draft Resolution establishing a 'Park Local' Pilot Program.pdf 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
1. Affordable Housing Fund Award to HASLO 736 Orcutt Rd. and 279 Bridge St. Apartments.pdf
2. A - Draft Resolution Approving AHF Award for HASLO 736 Orcutt Road and 279 Bridge Street.pdf
3. B - Council Resolution No. 9263 (2001 Series).pdf
4. C - HASLO Letters Maxine Lewis and Bridge Street.pdf
5. D - Findings and Conditions for 736 Orcutt Rd. (ARCH-0221-2021) .pdf
6. E - Planning Commission Resolution No. PC-1044-21.pdf 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:
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 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
1. Authorize Application for Homekey Round 3 Grant Program.pdf
2. A - Draft Resolution Authorizing Homekey Round 3 Grant Application.pdf Recommendation:
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 Direct staff to work with PSHHC to complete due diligence necessary for the application; and Authorize the City Manager, or their designee, to execute the grant documents; and 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
1. Authorization to Appropriate Awarded APCD Grant Funds to Transit EV Charging Infrastructure Project.pdf
2. A - City Manager Report to Award Contract (Spec. 1000535).pdf
3. B - APCD Grant Agreement AB617-2022-01.pdf
4. C - Draft Resolution Authorizing the Appropriation of Grant Funds to Project Account 2000535.pdf
5. D - PGE EV Fleet Electrification Program Contract.pdf Recommendation:
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 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
1. Temporarily Suspend Enforcement of Municipal Code Chapter 8.11 (All-Electric New Buildings).pdf
2. A - Draft Resolution suspending enforcement of Chapter 8.11 (All-Electric New buildings).pdf Recommendation:
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:
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
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).
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)
1. Authorization to Advertise Arterials 2023 Project, Specification No. 2001001-1.pdf
2. A - Project Plans (2001001-1).pdf
3. B - Project Specifications (2001001-1).pdf
Recommendation:
Approve the project plans and specifications for Arterials 2023, Specification Number 2001001-1, for a total amount of $9,688,450; and Authorize staff to advertise for bids; and
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 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)
1. Item 6b. Jackson and Harnett - Staff Agenda Correspondence.pdf
2. Item 6b. Domini and Auslen - Staff Agenda Correspondence.pdf
3. 2023-25 Financial Plan - Strategic Budget Direction.pdf
4. A - Strategic Budget Direction Report.pdf
5. B - Resolution authorizing excess workers' compensation.pdf
6. C - Exhibit 1 Application for Consent to Self-insure.pdf
7. D - Exhibit 2 California JPIA Joint Powers Agreement.pdf Recommendation:
Review the strategic budget direction report; and
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.
Authorize participation in the Excess Protection Program (EPP) for workers’ compensation coverage.
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.
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.
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.
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. 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.