San Luis Obispo City Council
May 2, 2023

Attachment B1. 5 Cities Homeless Coalition: Rapid Re-Housing & Homeless Prevention Assistance- SLO
2018 Grant Award: $4,000
2019 Grant Award: $5,400
2020 Grant Award: $0
2021 Grant Award: No Application
2022 Grant Award: $10,000
2023 Grant Request: $10,000
2023 Recommendation: $10,000
5 Cities Homeless Coalition provides wrap-around services including case management and direct financial assistance with a special emphasis on housing support program.

The request of $10,000 will be allocated to low-income residents of San Luis Obispo to provide deposit assistance, limited rental assistance, and housing stabilization services including move-in assistance, etc. Clients will receive similar case management assistance as provided through other agencies/streams of funding including budgeting and financial management training and helping clients identify other community resources. 5 Cities is requesting $10,000 and the HRC is recommending to fully fund their entire program.

2. Big Brothers Big Sisters of San Luis Obispo County: Community and Site Based Mentoring for Vulnerable Youth
2018 Grant Award: $1,875
2019 Grant Award: $3,000
2020 Grant Award: $5,000
2021 Grant Award: $15,000
2022 Grant Award: $7,500
2023 Grant Request: $15,000
2023 Recommendation: $5,000
Big Brothers Big Sisters is a donor and volunteer supported organization proven to help vulnerable children of single, low-income, and/or incarcerated parents succeed. They

are requesting $15,000 to offset costs to recruit, train, and support adult volunteers as well as staff tie to create and support effective matches for children and youth in both programs. This program will support 85 at-risk youth and 50 high school Bigs receiving leadership skills all in the City of San Luis Obispo and will require 2 program managers, enrollment specialist, bilingual match support specialist, and a match support specialist.

Due to limited funds to distribute, the HRC is not recommending to fully fund programs that would be exclusive for staffing and/or office space. Big Brothers Bis Sisters is requesting $15,000 and the HRC is recommending $5,000 for the bilingual match support specialist.

3. City Farm SLO: 2024 Youth Empowerment Program (YEP)
2018 Grant Award: $6,750
2019 Grant Award: $9,000
2020 Grant Award: $12,000
2021 Grant Award: No Application
2022 Grant Award: $15,000
2023 Grant Request: $15,000
2023 Recommendation: $15,000
City Farm SLO's Youth Empowerment Program (YEP) provides career and college readiness workshops and technical instruction to underserved youth in San Luis Obispo through intensive 8-week programming and summer internships. The grant will be utilized for student stipends, summer internship scholarships, student food and beverage and tools/materials and it will provide 1,500 individual instruction hours to 38 teens resulting in 5,000 pounds of produce for the SLO Food Bank. City Farm is requesting $15,000 and the HRC is recommending to fully fund for their entire program.

4. Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO):

Homeless Prevention
2018 Grant Award: $6,750
2019 Grant Award: $9,000
2020 Grant Award: $12,000
2021 Grant Award: $20,000
2022 Grant Award: $10,000
2023 Grant Request: $10,000

2023 Recommendation: $10,000
The Homeless Prevention/Stable Housing Program provides emergency financial assistance to City of San Luis Obispo households that are at-risk of being evicted and need assistance with a rental payment or securing housing with first month's rent and/or security deposit. They are requesting $10,000 to fund the program, thus providing financial assistance payments to cover rent or security deposits for low-income City households. CAPSLO is requesting $10,000 and the HRC is recommending to fully fund their entire program.

5. Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO):

SAFE
2022 Grant Award: $5,000
2023 Grant Request: $10,000
2023 Recommendation: $5,000
CAPSLO, the primary homeless services provider in the City of SLO, employs a fulltime SAFE Family Advocate who serves schools in the SLO City limits. The Family Advocate coordinates referrals and provides direct support to the families, such as school enrollment, medical coordination of services, housing search, legal resources, mental health coordination of services, summer activity enrollment, and more. This position is co-funded with SLCUSD for the school year only, therefore SAFE is seeking other funding to cover the Family Advocate position during the summer and school breaks so that services for families experiencing homelessness and unaccompanied youth can be provided year-round. Due to limited funds to distribute, the HRC is not recommending to fully fund programs that would be exclusive for staffing and/or office space. CAPSLO is requesting $10,000 and the HRC is recommending $5,000 for the full-time family advocate.

6. Court Appointed Special Advocates of San Luis Obispo County, Inc. (CASA):

Child Advocacy to Avert Homelessness
2018 Grant Award: $4,250
2019 Grant Award: $5,000
2020 Grant Award: $1,875
2021 Grant Award: $3,750
2022 Grant Award: $7,500
2023 Grant Request: $7,500

2023 Recommendation: $3,750
The CASA program recruits, trains, and supervises volunteer community members to become advocates for children who have been removed from their home due to abuse and neglect and are under the court’s jurisdiction. They are requesting $7,500 to cover a portion of their rental costs for their San Luis Obispo-based office. Due to limited funds to distribute, the HRC is not recommending to fully fund programs that would be exclusive for staffing and/or office space. CASA is requesting $7,500 and the HRC is recommending $3,750 for the office space.

7. Dignified Hope Care Community Services: Senior Caregiving 2023 Grant Request: $20,000
2023 Recommendation: $0
Dignified Hope Care Community Services provides outpatient care for low-income seniors in need. With their staff of certified nurses, they hope to give seniors the dignity and treatment they deserve, regardless of financial status. Dignified Hope Care is requesting $20,000, but due to an incomplete application, they were not reviewed and will be encouraged to receive staff support if they apply for a future grant to ensure a complete application.

8. Diversity Coalition: Diversity Education
2021 Grant Award: $2,500
2022 Grant Award: $5,000
2023 Grant Request: $5,000
2023 Recommendation: $0
The Diversity Coalition San Luis Obispo County’s (DCSLOC) mission is to build and sustain a coalition that seeks a more diverse, equitable, and inclusive community through advocacy and education. The applicant requested funds for school speaking programing and local storytelling through the Tribune on lived experiences of underrepresented people. The HRC did not see this meeting the funding priority but sees this as a strong DEI High Impact Grant application and are encouraged to apply for those grants. Diversity Coalition is requesting $5,000 and the HRC is not recommending for funding.

9. Family Care Network: General Operating Support

2021 Grant Award: $10,000
2022 Grant Award: No Application
2023 Grant Request: $10,000
2023 Recommendation: $5,000
Family Care Network provides services to enhance the wellbeing of children and families in partnership with our community. Resources are provided to those in need who experienced trauma, abuse, neglect, family separation, poverty, homelessness, amongst other realities vulnerable populations face. The grant funds would be used to cover expenses related to meeting transportation needs, housing expenses, food and clothing needs, education, and career expenses. Due to limited funds, the HRC is recommending half of their requested amount. Family Care Network is requesting $10,000 and the HRC is recommending $5,000 towards direct services.

10.Food Bank Coalition of San Luis Obispo County: No-Cook Bags for homeless residents
2018 Grant Award: $8,182
2019 Grant Award: $12,000
2020 Grant Award: $9,600
2021 Grant Award: $12,000
2022 Grant Award: $12,000
2023 Grant Request: $12,000
2023 Recommendation: $6,000
The SLO Food Bank prioritizes programs that most efficiently and effectively connect hungry people with food in a safe way. This funding request will provide continued funding to the new No-Cook Bags program, bags of portable foods designed for City of SLO residents experiencing homelessness who do not have access to a kitchen and cannot benefit from typical Food Bank distribution items. Due to limited funds, the HRC is recommending half of their requested amount. Food Bank of SLO County is requesting $12,000 and the HRC is recommending $6,000 towards direct services.

11.Hospice of SLO County – Grief Counseling and In Home Respite/Caregiver Support
2020 Grant Award: $5,225

2021 Grant Award: $7,500
2022 Grant Award: $10,000
2023 Grant Request: $20,000
2023 Recommendation: $10,000
Hospice provides in-home support, respite support, and care management to those with a life-limiting illness who have a greater than 6 moths prognosis, are continuing to pursue curative care regardless of diagnosis or have been discharged from Medicarereimbursed hospice agencies. Hospice will use grant funds to offset expenses for volunteer services personnel and volunteer training costs for a total of 50 new volunteers and for a portion of salary for volunteer coordinator. Hospice of SLO County is requesting $20,000 and the HRC is recommending $10,000 towards training and onboarding 50 new volunteers.

12.Literacy for Life Organization: Literacy Program
2018 Grant Award: $2,500
2019 Grant Award: $1,000
2020 Grant Award: $2,500
2021 Grant Award: $3,750
2022 Grant Award: $5,000
2023 Grant Request: $5,000
2023 Recommendation: $5,000
Literacy for Life teaches SLO resident adults sixteen and older to read, write, and speak English. Their one-on-one instruction is free to all and provides a non-threatening learning environment which empowers individuals to learn English communication skills.

Literacy for Life is requesting $5,000 and the HRC is recommending to fully fund toward program coordination and books/materials for both the learners and the tutors.

13.Long Term Care Ombudsman Services of San Luis Obispo County:

Ombudsman Services
2019 Grant Award: $3,000
2020 Grant Award: $1,500
2021 Grant Award: $3,000

2022 Grant Award: $3,000
2023 Grant Request: $4,000
2023 Recommendation: $2,500
The Long-Term Care Ombudsman Services are requesting funds to provide Ombudsman services, including resident advocacy, facility monitoring visits, complaint investigation and resolution, information and consultation and systemic advocacy for residents of long-term care facilities located within the City of San Luis Obispo. They are requesting $4,000 to cover costs of providing homelessness prevention for seniors and disabled adults residing in long term care facilities. Due to limited funds, the HRC is recommending half of their requested amount. Long Term Care Ombudsman is requesting $4,000 and the HRC is recommending $2,500 for homelessness prevention.

14.Lumina Alliance: Emergency Shelter Operation Support 2022 Grant Award: $12,000
2023 Grant Request: $15,000
2023 Recommendation: $7,500
Lumina Alliance is requesting funds to support general operating costs with emphasis on emergency shelter and transitional housing program, and necessary repair costs associated with their shelter and housing units. Their organization provides three shelters in Atascadero, Paso Robles, and San Luis Obispo with a total of 44 beds, as well as 10 units of transitional housing to survivors of sexual assault (SA) and intimate partner violence (IPV). They help with the establishment of permanent housing for clients. Due to limited funds, the HRC is recommending half of their requested amount.

Lumina Alliance is requesting $15,000 and the HRC is recommending $7,500 for shelter repairs, utilities, food, and supplies.

15.Mission Headstrong
2023 Grant Request: $52,500
2023 Recommendation: $0
Mission Headstrong is a new non-profit connected to the gym Headstrong and is aiming to close the equity gaps that exist in the fitness world and make it an inclusive place for all. Mission Headstrong is seeking funds for specialized certifications for all staff that would designate them the first Autistic friendly gym in the City of San Luis Obispo. The HRC did not see this meeting the funding priority but sees this as a strong DEI High

Impact Grant application and are encouraged to apply for those grants. Mission Headstrong requested $52,000 and the HRC is not recommending for funding.

16.One Cool Earth: Garden-based Nutrition Education
2019 Grant Award: $3,000
2020 Grant Award: $4,000
2021 Grant Award: $3,500
2022 Grant Award: $6,000
2023 Grant Request: $7,000
2023 Recommendation: $0
One Cool Earth provides school garden education at San Luis Obispo's Pacheco Elementary School and C.L. Smith Elementary. The Earth Genius program provides a weekly garden educator who teaches lessons and improves the school garden, using it as a platform to promote healthy eating, learning, and well-being. The organization also provide materials, maintenance, and training to empower teachers to utilize the garden beyond their program. The HRC did not see this meeting the funding priority but sees this as a strong DEI High Impact Grant application and are encouraged to apply for those grants. One Cool Earth is $7,000 and the HRC is not recommending for funding.

17.Peoples’ Self-Help Housing: City of San Luis Obispo Supportive Housing Program
2018 Grant Award: $13,500
2019 Grant Award: $13,000
2020 Grant Award: $5,850
2021 Grant Award: $3,750
2022 Grant Award: $12,931.50
2023 Grant Request: $25,000
2023 Recommendation: $0
Peoples' Self-Help Housing (PSHH) is requesting funding to assist with moving lowincome San Luis Obispo individuals and families (including homelessness placements) into permanent affordable housing, stabilizing these households, and preventing homelessness for those at risk. They are requesting funds to hire an outside clinical

social worker and the HRC is not recommending to fund programs that would be exclusive for staffing and/or office space. People’s Self-Help Housing is requesting $25,000 and the HRC is not recommending for funding.

18.Restorative Partners: Opportunity to Fund
2023 Grant Request: $16,094
2023 Recommendation: $8,000
Restorative Partner's mission is transforming lives impacted by crime through healing services and relationships. They are requesting funds for emergency needs such as housing, transportation, hygiene products, daycare, resume building, budgeting/saving/credit guidance, and right to work documents (driver’s license, birth certificate, immigration documents, etc.). Restorative Partners services are for those incustody and for those released from the San Luis Obispo Juvenile Hall, Jail, Honor Farm and State Prison all located in the City of SLO. Due to limited funds, the HRC is recommending half of their requested amount. Restorative Partners is requesting $16,094 and the HRC is recommending $8,000 for emergency services and direct aid.

19.San Luis Obispo Child Development Resource Center: Child and Family Play Therapy
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 Grant Award: $6,000
2022 Grant Award: $10,000
2023 Grant Request: $20,000
2023 Recommendation: $0
The SLO Child Development Resource Center provides therapeutic early childhood education and mental health programs that focus on protecting children in San Luis Obispo County for the prevention and treatment of child abuse. The agency is requesting $20,000 to fund play therapy for children and families who would benefit from services. Due to limited funds to distribute, the HRC is not recommending to fully fund programs that would be exclusive for staffing and/or office space. The San Luis Obispo Child Development Resource Center is requesting $20,000 and the HRC is not recommending for funding due to many application requests for staffing.

20.San Luis Obispo Climate Coalition
2023 Grant Request: $5,000
2023 Recommendation: $0
The SLO Climate Coalition brings together community expertise, creativity, and resources to champion high impact regional climate solutions. Climate-related disasters affect human health through increased risk of heat stroke, respiratory illness from poor air quality, and bodily risk due to flooding and fire. The HRC did not see this proposal meeting the funding priority but sees this as a strong DEI High Impact Grant application and are encouraged to apply for those grants. San Luis Obispo Climate Coalition is requesting $5,000 and the HRC is not recommending for funding.

21.The San Luis Obispo Committee for Education on Alcoholism, "MiddleHouse":

Alumni Housing
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 Grant Award: No Application
2022 Grant Award: $5,000
2023 Grant Request: $5,000
2023 Recommendation: $5,000
When clients in MiddleHouse relocate to independent living after a satisfactory stay at MiddleHouse, they find it difficult to find housing due the extreme expense of pre-rental requirements (security deposit, first month’s rent, etc.). This grant would be a contribution to the individual to supplement moving expenses to allow for successful transitions to independent living in the City of San Luis Obispo. The San Luis Obispo Committee for Education on Alcoholism is requesting $5,000 and the HRC is recommending to fully fund.

22.The San Luis Obispo Committee for Education on Alcoholism, "MiddleHouse":

Client Housing Supplement
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 Grant Award: No Application
2022 Grant Award: $3,100

2023 Grant Request: $3,200
2023 Recommendation: $0
MiddleHouse provides housing for clients who have established their recovery program and are adjusting to sober living in a safe and healthy environment. Service recipients are supported with exposure to employment opportunities, transportation arrangements, and adjustable housing hours to accommodate employment pursuits. This grant request is to subsidize costs to new clients that meet eligibility requirements for their program but can’t afford the costs. Due to limited funds, the HRC prioritized the alumni housing project because it is preventive in keeping the clients from experiencing homelessness.

The San Luis Obispo Committee for Education on Alcoholism is requesting $3,200 and the HRC is not recommending for funding.

23.San Luis Obispo Legal Assistance Foundation: Senior Legal Services Project 2018 Grant Award: $2,000
2019 Grant Award: $1,750
2020 Grant Award: $2,500
2021 Grant Award: $5,000
2022 Grant Award: $10,000
2023 Grant Request: $10,000
2023 Recommendation: $7,000
The Senior Legal Services Project is one of the few programs in the City providing free legal services to residents aged 60 years and older. The Project sees clients out of their main office in San Luis Obispo, makes home visits throughout the City to homebound and institutionalized clients, and provides community outreach and education throughout the City. Their grant is to fund various staffing positions including a bilingual position. Due to limited funds to distribute, the HRC is not recommending to fully fund programs that would be exclusive for staffing and/or office space. San Luis Obispo Legal Assistance Foundation is requesting $10,000 and the HRC is recommending $7,000 towards the bilingual staffing position.

24.Senior Angels of the Central Coast
2023 Grant Request: $5,000
2023 Recommendation: $0

Senior Angels of the Central Coast aims to close the growing gap of struggling senior and disabled adults by providing them with assistance. The senior wish program will provide seniors and disabled adults a chance to make a request every six months for food, clothing, rental assistance, and utilities or even something as simple as a hair style or movie night out to brighten their day. Due to a limited grant funds and a high number of more comprehensive applications addressing the needs of seniors, the HRC is not recommending funding. Senior Angels is requesting $5,000 and the HRC is not recommending for funding.

25.Senior Nutrition Program / Meals that Connect
2017 Grant Award: $10,000
2028 Grant Award: $5,682
2019 Grant Award: $9,000
2020 Grant Award: $7,500
2021 Grant Award: $7,000
2022 Grant Award: $10,000
2023 Grant Request: $10,000
2023 Recommendation: $10,000
Meals That Connect serves free, hot, noontime meals, Monday through Friday, to seniors aged 60 or older at two community sites in San Luis Obispo in congregate dining. They also deliver meals to residents in the City of SLO, with frozen meals for Saturday and Sunday, to qualified seniors who are homebound. Senior Nutrition Program is requesting $10,000 and the HRC is recommending to fully fund.

26.Shower the People
2022 Grant Award: $10,000
2023 Grant Request: $20,000
2023 Recommendation: $20,000
The mission of Shower the People is to provide access to a hot shower to people experiencing homelessness in our community. Shower the People (STP) is an allvolunteer nonprofit organization that provides access to a mobile shower to individuals experiencing homelessness. STP has 3 shower sites located in the city of San Luis Obispo that provided 2,824 showers to the those experiencing homelessness in 2021.

STP is requesting City funding that will support and allow them to maintain their shower

program in San Luis Obispo. Shower the People is requesting $20,000 and the HRC is recommending to fully fund.

27.SmartShare Housing Solutions: Homeshare, ADUs, & Waterman Village Development
2017 Grant Award: $6,385
2018 Grant Award: $7,650
2019 Grant Award: $10,400
2020 Grant Award: $13,690
2021 Grant Award: $4,325
2022 Grant Award: $8,000
2023 Grant Request: $11,820
2023 Recommendation: $8,400
Homeshare and tiny house Yardshare provide affordable housing for seekers and enable providers to afford the cost of basic needs while providing companionship and security. The program provides income for lower-income seniors, avoids duplication of services by partnering with local government and service organizations while leveraging and expanding the use of existing housing and “free land” available in the backyards of interested and qualifying city homeowners. The HRC is recommending the ADU and Waterman Village parts of the program as it meets many of the funding priorities.

SmartShare Housing Solutions is requesting $11,820 and the HRC is recommending $8,400.

28.Tolosa Children’s Dental Center (TCDC): Tolosa Children’s Dental Center San Luis Obispo
2018 Grant Award: $5,000
2019 Grant Award: $8,500
2020 Grant Award: $5,000
2021 Grant Award: $5,000
2022 Grant Award: $10,000
2023 Grant Request: $20,000
2023 Recommendation: $0

Tolosa Children’s Dental Center of San Luis Obispo (TCDC-SLO) delivers dental services to underserved children age infant to 18. TCDC is requesting funds to cover a portion of the salary and compensation package for professional staff. Due to a limited grant funds and a high number of more comprehensive applications requesting funds for staff positions, the HRC is not recommending funding. Tolosa Children’s Dental Center is requesting $20,000 and the HRC is not recommending for funding.

29.United Way of San Luis Obispo County: 2-1-1 SLO County 2018 Grant Award: $1,500
2019 Grant Award: $4,500
2020 Grant Award: $3,000
2021 Grant Award: $5,000
2022 Grant Award: $10,000
2023 Grant Request: $15,000
2023 Recommendation: $6,850
The 2-1-1 SLO County Program of the United Way is a free, confidential way to get timely access to health and human services information and referrals 24 hours a day, seven days a week. Calls and text messages are answered by knowledgeable, bilingual contract specialists who provide 24-hour referrals and support to those in need of health and human services. 2-1-1 provides information and resource referrals for the all of the funding priorities by partnering with organizations in the City of San Luis Obispo. United Way is requesting $15,000 and the HRC is recommending $6,850 towards their general operating cost.

1 Human Relations Commission Minutes
March 1, 2023, 5:00 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Human Relations
Commissioners

Present:

Commissioner Catuih Campos, Commissioner Jesse Grothaus, Commissioner Megan Souza, Commissioner Taryn Warrecker, Vice Chair Angie Kasprzak, Chair Dusty Colyer-Worth
Human Relations
Commissioners

Absent:

Commissioner Stephanie Carlotti
City Staff Present: Diversity, Equity, and Inclusion Manager Nestor VelozPassalacqua, Deputy City Manager Greg Hermann, Diversity, Equity, and Inclusion Management Fellow Matthew Melendrez

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on March 1, 2023 at 5:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Chair Colyer-Worth.

2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Public Comment:

None
End of Public Comment--

3. CONSENT

3.a CONSIDERATION OF MINUTES - FEBRUARY 1, 2023 HUMAN

RELATIONS COMMISSION MINUTES
Motion By Commissioner Warrecker
Second By Commissioner Campos
To approve the Human Relations Commission Minutes of February 1, 2023.

Ayes (6): Commissioner Campos, Commissioner Grothaus, Commissioner Souza, Commissioner Warrecker, Vice Chair Kasprzak, and Chair Colyer-Worth Absent (1): Commissioner Carlotti
CARRIED (6 to 0)

2 4. BUSINESS ITEMS

4.a REVIEW OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN

UPDATE AND COMMUNITY SURVEY
Economic Development Manager Lee Johnson and Tourism Manager Molly Cano provided a presentation on the Economic Development Strategic Plan Update and Community Survey.

Chair Colyer-Worth opened Public Comment
Public Comments:

None
End of Public Comment--
Chair Colyer-Worth closed Public Comment
Action: By consensus, the Human Relations Commission provided the following feedback:

There are concerns as to how the term ‘head of household’ is defined and the potential to exclude various populations.

4.b DIVERSITY, EQUITY & INCLUSION BUSINESS GRANT

SUBCOMMITTEE SELECTION
Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua presented the staff report and responded to Commission inquiries.

Chair Colyer-Worth opened Public Comment
Public Comments:

None
End of Public Comment--
Chair Colyer-Worth closed Public Comment
Motion By Commissioner Grothaus
Second By Commissioner Souza
The following three (3) Commissioners have been selected to participate in a subcommittee to review applications for the Diversity, Equity, and Inclusion Business Grant and provide recommendations to the Human Relations Commission as a whole:

Chair Dusty Colyer-Worth
Vice Chair Angie Kasprzak
Commissioner Taryn Warrecker

3 Ayes (6): Commissioner Campos, Commissioner Grothaus, Commissioner Souza, Commissioner Warrecker, Vice Chair Kasprzak, and Chair ColyerWorth Absent (1): Commissioner Carlotti
CARRIED (6 to 0)

4.c STUDY SESSION ON THE MULTICULTURAL CENTER FEASIBILITY STUDY Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua introduced Chloe Wordrick, who provided a presentation on the first phase of the Multicultural Center Feasibility Study.

Chair Colyer-Worth opened Public Comment
Public Comments:

None
End of Public Comment--
Chair Colyer-Worth closed Public Comment
Action: By consensus, the Human Relations Commission provided the following feedback to inform the future of the Feasibility Study:

Commissioners are thankful for work the design team has done and is looking forward to Staff continuing the work on a future feasibility study.

4.d REVIEW HUMAN SERVICES GRANT SUBCOMMITTEE

RECOMMENDATIONS AND PROVIDE A RECOMMENDATION TO THE

CITY COUNCIL FOR APPROVAL
Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua presented the staff report and responded to Commission inquiries.

Chair Colyer-Worth opened Public Comment
Public Comments:

None
End of Public Comment--
Chair Colyer-Worth closed Public Comment

4 Motion By Commissioner Grothaus
Second By Commissioner Souza
The Human Relations Commission received preliminary recommendations from the Human Services Grant Subcommittee and provided the following recommendation to the City Council final approval:

Mission Headstrong is to be advised to apply for DEI grants.

Diversity Coalition received previous funding and is best for them to apply for the DEI grant.

Commissioners revised the funding to
o Reduce Restorative Partners by $2,000
o Reduce One Cool Earth to $0
o Reduce San Luis Obispo Committee for Education on
Alcoholism Client Housing to $0
o Increase CASA by $3,750
o Increase Lumina by $2,500
o Increase United Way by $2,450
Ayes (6): Commissioner Campos, Commissioner Grothaus, Commissioner Souza, Commissioner Warrecker, Vice Chair Kasprzak, and Chair ColyerWorth Absent (1): Commissioner Carlotti
CARRIED (6 to 0)

5. COMMENT AND DISCUSSION

5.a STAFF & COMMISSIONER UPDATES AND AGENDA FORECAST
Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua provided the following update:

Major City Goal include DEI, which will include $150k for DEI High Impact Grants.

5 6. ADJOURNMENT
The meeting was adjourned at 6:32 p.m. The next Regular Meeting of the Human Relations Commission is scheduled for April 5, 2023 at 5:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY HUMAN RELATIONS COMMISSION: 04/05/2023

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: May 2, 2023
TO: Mayor and Council
FROM: Greg Hermann, Deputy City Manager
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 7a – STUDY SESSION: DIVERSITY, EQUITY, AND INCLUSION

PROGRAM UPDATE AND STRATEGIC PLAN FRAMEWORK
Based on a review of the focus questions for Council, staff would like to clarify question #1 and two section titles in the draft framework, included as Attachment A.

Question #1 currently reads:
1) Does the Council concur with the vision statement included in the plan? The question should read as the following:
1) Does the Council concur with the DEI vision statement included in the plan? In addition, on page 206 of the packet the draft framework section title at the top of the page currently reads “Vision Statement” and should read “City Council Vision Statement” to reflect the Council approved vision for the community included in the City’s Financial Plan. The second title section on that same page currently reads “Goal Statement” and should read “DEI Vision Statement.” There is a separate goal statement for the DEI Major City Goal, but the DEI Vision Statement in the draft framework is based on the original vision statement of the DEI Task Force with updates from work completed over the last two years and is the subject of the focus question above.

Item 7a
Department: Administration
Cost Center: 1010
For Agenda of: 5/2/2023
Placement: Study Session
Estimated Time: 75 Minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Nestor Veloz-Passalacqua, Diversity, Equity and Inclusion Manager SUBJECT: STUDY SESSION: DIVERSITY, EQUITY, AND INCLUSION PROGRAM

UPDATE AND STRATEGIC PLAN FRAMEWORK

RECOMMENDATION
Hold a Study Session to receive an update on the implementation of the Diversity, Equity and Inclusion (DEI) Major City Goal (MCG) and provide direction on the development of the City’s DEI Strategic Plan.

REPORT-IN-BRIEF
The purpose of the DEI Program Update is to provide Council with information on the tasks and initiatives completed since the creation of DEI as a MCG, which include the recommendations from the DEI Task Force to make SLO a more inclusive community for all. The purpose of the draft DEI Strategic Plan Framework (Attachment A) is to provide an outline of the potential pillars, goals, and objectives of a strategic plan that aligns the City’s initiatives including the DEI MCG workplan with the expectations of the Council and community.

The draft DEI Strategic Plan Framework was developed using the recommendations identified by the DEI Taskforce that have been refined based on additional feedback from the DEI Internal Audit, the work developed as part of a collaborative process with City departments and the Internal DEI Committee, lessons learned through MCG work implemented to date and feedback from community partner and interest groups. Staff will incorporate Council’s comments and feedback on the draft DEI Strategic Plan Framework and proposed public engagement into the development of the final DEI Strategic Plan.

POLICY CONTEXT
The City Council adopted DEI as a MCG as a part of the 2021-2023 Financial Plan as recommended by the DEI Task Force. Council and City staff identified the development of the DEI Strategic Plan as a key initiative central to the work program as reflected in task 2.2 which defines the development and implementation of the DEI Strategic Plan.

This task will be initiated as a part of the 2021-23 Financial Plan and completed as a part of the DEI MCG workplan for the 2023-25 Financial Plan.

DISCUSSION

Item 7a
Background
DEI Program Update
In July 2020, City Council approved the creation of a limited-term DEI Task Force as part of the wider effort to help make SLO a more inclusive community. Following this intensive and insightful community engagement, a DEI Internal Audit report was developed, and the creation of the DEI Internal Employee Committee took place. In January of 2021, the first round of DEI High Impact Grants were released with a total of $109,800 distributed to nine non-profit organizations. In FY 2022-2023, the second round of DEI High Impact Grants were released with a total of $300,000 allocated to 21 non-profit organizations. In 2021-2023, based on the recommendations provided by the DEI Task Force, the Council adopted Diversity, Equity, & Inclusion as a Major City Goal for the 2021-23 Financial Plan.

That goal included nine strategies:

1. Establish the Office of Diversity, Equity, & Inclusion

2. Develop & Implement DEI Strategic Plan

3. Workforce Recruitment & Retention

4. Inclusive & Equitable Workplace

5. Community-based Policing & Restorative Practices

6. Cal Poly & Cuesta College Partnerships

7. Access, Inclusion, Support for Underrepresented Communities

8. Community Education & Programming

9. Support & Attract Minority-Owned Businesses
Since the adoption of the DEI City Major Goal, the following are highlights in areas that have been accomplished:

Establish Office of Diversity, Equity, & Inclusion
a. FY 2021 - 2022 – Q1: The addition of DEI to the Legislative Platform. b. FY 2021 - 2022 – Q3: The first Diversity, Equity, and Inclusion Manager was hired in February 2022.
c. FY 2021 - 2022 – Q3: The Office of DEI was created and positioned in City Administration and IT Department.
d. FY 2021 - 2022 – Q4/Ongoing: Support of the Human Relations Commission (HRC) was transitioned to the Administration and IT Department Office of DEI from Community Development.
e. FY 2022 – 2023 – Q2/Ongoing: Cultural competency assessment for the Diversity, Equity, and Inclusion Employee Committee.

Item 7a
Inclusive & Equitable Workplace
a. FY 2022 – 2023 – Q2: Foundations in Excellence training developed and delivered in collaboration with Human Resources focusing in expanding the application of DEI in leadership.
b. FY 2022 – 2023 – Q4: Demographic survey standardization for all City Departments to use on projects and plans.
c. FY 2022 – Ongoing: Inter-departmental work collaboration with various departments, including the Police Department on engaging the community, the Finance Department on streamlining grant award processes, the review of the Public Engagement & Noticing (PEN) Manual, and Human Resources employee trainings, hirings and retention.

Cal Poly & Cuesta College Partnerships
a. FY 2021 - 2022 – Q2: The City and Cal Poly executed a Memorandum of Understanding (MOU) that solidifies and expands their commitment to DEI to create a more inclusive community for all through learning opportunities. b. FY 2022 – 2023 – Q2: City-wide collaboration with local non-profits and Cal Poly for the first ever Native/Indigenous Winter Solstice Market. c. FY 2022 – 2023 – Q3: The City joined the Diversity Partners Network (DPN), led by Cal Poly’s Office of University Diversity & Inclusion (OUDI) which expands cross-collaboration between different groups within the city of SLO.

Access, Inclusion, Support for Underrepresented Communities a. FY 2022 – 2023 – Q2: The Human Services Grants, formerly known as Grants-inAid, was launched under the Office of DEI. b. FY 2022 – 2023 – Q3: The first ever DEI SLO Business Grant was launched in February 2023.
c. FY 2022 – 2023 – Q3: The completion of a Multicultural Design Research conducted by Cal Poly students that highlight the importance of specific programming and spaces that foster community wellbeing.

Community Education & Programming
a. FY 2021 - 2022 – Q4: The first Diversity Speaker Series event, intended to create community engagement and designed to inspire connection, dialogue, and educational learning, took place in April of 2022.
b. FY 2022 - 2023 – Q3: The DEI Symposium, a regional collaborative effort between different regional city and county governments, took place in October of 2022 in Santa Maria.

Due to staff turnover, (development and implementation of the DEI Strategic Plan) was delayed. Upon appointment of the new DEI Manager, the work to develop a DEI Strategic Plan Framework resumed.

Item 7a
Draft Strategic Plan Framework
A strategic plan is the best practice to ensure the continuity and long-term impact of DEI in the City. The purpose of the draft DEI Strategic Plan Framework (Attachment A) is to provide an outline of the potential pillars, goals and objectives of a strategic plan that aligns the City’s initiatives including the adopted DEI MCG and the workplan with the expectations of the Council and community.

The draft DEI Strategic Plan Framework was developed using the recommendations identified by the DEI Task Force that have been refined based on additional feedback from the DEI Internal Audit, the work developed as part of a collaborative process with City department and the Internal DEI Committee, lesson learned through MCG work implemented to date and feedback from community partners and interest groups. Staff will incorporate Council’s comments and feedback on the draft DEI Strategic Plan Framework and proposed public engagement into the development of the final DEI Strategic Plan.

The draft DEI Strategic Plan Framework is included in Attachment A and also includes a vision statement and illustrative examples of potential tasks under each supporting objective. All aspects of the plan will be included as a part of the public engagement with the final DEI Strategic Plan scheduled for City Council consideration in Winter of 2024.

Components July
2023
Aug.
2023
Sept.
2023
Oct.
2023
Nov.
2023
Dec.
2023
Jan.
2024
Feb.
2024
Mar.
2024
April
2024
May
2024
June
2024
Project
Coordination &
Meetings

X X X X
Resource
Review & Data
Analysis

X X X X X X
Public Outreach X X X X X
Strategic Plan
Content X X X X X X
Adoption &
Implementation X X X X X X

Item 7a
The City’s DEI Strategic Plan Framework is intended to align with the overall goal of the City Council and the work completed by partners to advance DEI in the community and tackle systemic inequalities. The framework is comprised of four pillars. These pillars can take place and work simultaneously or concurrently, feed and reinforce each other, thus creating a system, narrative, and day-to-day operations aligning with the City’s values and furthering the application of DEI. The table below describes the four pillars within the framework to help solidify and expand on the current strategies and efforts built within the City:

Draft DEI Strategic Plan Framework
Pillars Goal Supporting Objectives
I. Organizational
Culture & Structure
Enhance and promote an
organization driven by
transformational change
that encourages
exposure to education
and training opportunities
that reinforce efforts
toward a diverse work
environment that fosters
a place of belonging for
all City employees and
creates an engaged
system for employment
development and
community engagement.

Transformational Governance
Embed DEI Education and
Training Practices
Enhance Work Environment
Enhance Career & Employment
Experience
II. Communications Develop compelling
internal and external DEI
messaging, either verbal,
written, nonverbal, or
visual, that encourages
dialogue and fosters a
sense of belonging
among staff and the
community members.

Strengthen Transparency & Trust
for all Communities
Engage in DEI Branding
Develop & Implement Language
Standards & Narrative
Reinforcement
III. Community
Development &
Support
Reinforce and expand
community partners
diversity, equity, and
inclusion programming
that foster a welcoming
community-wide
environment and a
stronger sense of
Develop and Establish
Multicultural Programming
Promote Awareness & Inclusion

Item 7a
belonging for all
consistent with the City’s
engagement and
commitment to DEI.

Increase Visibility &
Representation
IV. Adaptability &
Sustainability
Welcome and embed
new concepts,
perspectives, practices,
and lessons learned
driven by local
communities and the
City’s needs to best
navigate long-term
transformational change
and continue to support
further implementation of
DEI strategies and
initiatives.

Invest & Sustain in Innovative
Grant Activities
Review Metrics & Conduct Data
Analysis
The 2023-2025 Major City Goal workplan is consistently aligned with the draft DEI Strategic Plan Framework goals and will serve as the basis for the tasks for the first two years of the strategic plan.

Metrics and Measurable Outcomes
Metrics and performance measures are critical to determine the success of the DEI Strategic Plan. Upon further approval of the draft DEI Strategic Plan Framework and participation from key community partners and interest groups, specific and meaningful metrics and outcome measures will be built within each supporting objective and task. In general, metrics and outcomes will measure success of training activities, information retained by staff, content application, training lessons prioritization, visibility and communication efforts, and community engagement and partnership.

Public Engagement
As part of the development of the DEI Strategic Plan, the Office of DEI will be planning and facilitating a series of public engagement activities throughout the first and second quarter of Fiscal Year 2023-2024. These activities will follow the Inform, Consult, and Collaborate guidelines identified in the City’s Public Engagement and Noticing Manual to best engage with the public. Staff will also use the updated interest group lists from the manual to make direct connections to underserved/underrepresented groups to ensure diverse representation in feedback received. Staff will also engage with City employees on the items specific to the City organization.

Item 7a
The proposed public engagement activities include:

1. Connect with Community Partners and Interest Groups: community involvement is an essential component of the planning process. Substantive interaction with key members of the community ensures that the DEI Strategic Plan is well informed, and strategies and recommendations are prioritized and supported by the community. The Office of DEI has already established long-standing partnerships with many local groups and will connect with these groups as a part of the engagement planning process.

2. Group Interviews and Community Wide-Surveys: The Office of DEI will conduct interest group interviews with representatives from diverse groups and communities as well as provide a survey available to the public at large.

3. Public Workshops: The Office of DEI will facilitate a workshop to engage the community in the preparation of the final Strategic Plan. The workshops will be structured as settings to receive feedback on the DEI Strategic Plan, shape final strategies and tasks and help ensure successful implementation. The format of workshops will include breakout group discussions, mapping exercises, and scenario planning as required to gather pertinent information.

4. Follow Up and Continued Engagement: The Office of DEI will follow up with groups and representatives engaged in the process with the final and post final plan on the City’s website prior to returning to Council. The Office of DEI will include all community members engaged in the process in future City DEI communications.

Focus Questions for Council:

1. Does the Council concur with the vision statement included in the plan?

2. Is the Council comfortable with the four proposed pillars?

3. Does City Council recommend any additions, alternatives, or edits to the supporting objectives?

4. Does the Council feel the proposed approach to public engagement is sufficient?

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended actions in this report because the actions do not constitute a “Project” under CEQA Guidelines Section 15378. Once a draft Strategic Plan is created, it will be evaluated to determine if the plan or any of its components require environmental review under CEQA prior to adoption.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes

Item 7a
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $35,000 $ $35,000 $
State
Federal
Fees
Other
TOTAL $35,000 $ $35,000 $
Funds in the amount of $35,000 were allocated for the development of the DEI Strategic Plan which will include the support from consulting services to help develop the plan.

ALTERNATIVES
Continue consideration for this item to a future meeting. If the City Council does not have sufficient information to provide direction to staff, or if additional time is needed for discussion, the Council can continue consideration of the item to a future meeting. If the City Council decides to continue the meeting, staff requests direction on any additional information needed to complete the discussion.

ATTACHMENTS
A – Draft DEI Strategic Plan Framework

Draft DEI Strategic Plan Framework 1 | P a g e

DIVERSITY, EQUITY, &

INCLUSION

STRATEGIC PLAN
2023-2028
Draft DEI Strategic Plan
Framework

PILLARS

Draft DEI Strategic Plan Framework 2 | P a g e
Vision Statement
The City of San Luis Obispo is a dynamic community embracing its future while respecting its past with core values of civility, sustainability, inclusivity, regionalism, partnership, and resiliency.

Goal Statement
We envision a San Luis Obispo that is welcoming, inclusive, and safe. Our city values diversity, promotes equity and belonging, actively denounces systemic racism, and believes that both in value and practice, San Luis Obispo can be a place where all members regardless of race, ethnicity, gender identity, sexuality, religion, or ability are represented, respected, valued and heard.

Expectations
The City will engage in activities that advance DEI within the organization and community:

1. Develop and implement strategies, programs, and policies that build a workplace culture and community of inclusion, fairness, and belonging for all.

2. Involve underserved/underrepresented communities and diverse voices in program development and delivery to ensure current lived experiences drive understanding, priorities, and efforts.

3. Partner with proven community providers and utilize best practice and innovative models to leverage City resources and maximize effectiveness and impact of initiatives.

4. Identify and track measurable results as the City progresses in maturing diversity and inclusion efforts.

Draft DEI Strategic Plan Framework 3 | P a g e

ORGANIZATIONAL CULTURE & STRUCTURE
Goal
Enhance and promote an organization driven by transformational change that encourages exposure to education and training opportunities that reinforce efforts toward a diverse work environment that fosters a place of belonging for all City employees and creates an engaged system for employment development and community engagement.

1. Supporting Objectives
a. Transformational Governance
Illustrative Examples:
1) Develop, adopt, and promote a DEI Statement that include purpose, vision, and values in accordance with the organizational values of the City and ensure the information is made available in all City facilities and public-facing areas.
2) Develop and implement a standard DEI language guide to help support and inform day-to-day engagement with the City’s community members and reflecting the commitment to diverse community engagement. 3) Develop and implement specialized DEI trainings for leadership and management to emphasize transformational change from within while promoting mentorship opportunities for employees at all levels. b Embed DEI Education and Training Practices
Illustrative Examples:
1) Conduct and operationalize baseline cultural awareness trainings and education sessions for all staff to increase exposure to information and encourage dialogue.
2) Develop a plan with the DEI Internal Committee and department leadership that focuses on the needs of each department and the application of DEI within their respective fields.
3) Update and provide resources using the internal DEI website to engage staff in knowledge-acquisition and skill-retention opportunities. c Enhance Work Environment

Draft DEI Strategic Plan Framework 4 | P a g e
Illustrative Examples:
1) Development and integration of a work program dedicated to conduct yearly internal review to ensure established practices embedded in the City structure create a welcoming and inclusive environment for staff to learn and grow in areas of diversity, equity, and inclusion. 2) Develop and implement a biennial comprehensive staff survey that will:
a. Inform the Office of DEI of needed training improvements. b. Measure success and challenges of current strategies. 3) Conduct staff focus groups that will inform current and new strategies that align with staff’s approach in creating inclusive work environments. 4) Use compiled staff feedback to update and adapt the strategies within the DEI Strategic Plan to reflect new practices that address the needs of the staff regarding diversity, equity, and inclusion.
d Enhance Career & Employment Experience
Illustrative Examples:
1) Create safe and brave spaces for staff to continue to feel a stronger sense of belonging that reflects on the services we provide to the community.
2) Increase opportunities for all staff to engage in and lead in activities/projects that expose all to diversity, equity, and inclusion practices in the entire organization.
3) Develop and implement staff-led workgroups to advance DEI initiatives related to their department/division needs.

Draft DEI Strategic Plan Framework 5 | P a g e

COMMUNICATIONS
Goal
Develop compelling internal and external DEI messaging, either verbal, written, nonverbal, or visual, that encourages dialogue and fosters a sense of belonging among staff and the community members.

2. Supporting Objectives
a. Strengthen Transparency & Trust for all Communities
Illustrative Examples:
1) Establish consistent and regular messaging, either visual, written, or oral, that validates and encourages the City’ commitment to diversity, equity, and inclusion with the community and the internal workforce. 2) Communicate to the community the results of our internal efforts, such as trainings, forums, and other activities that support the implementation of the DEI work.
3) Inform to the community and partners about the results of external efforts that advances DEI within the entire community.
b. Engage in DEI Branding
Illustrative Examples:
1) Consistently update the DEI page on the City’s website and the internal DEI website with resources, information, and materials while keeping in mind accessibility for various communities (Veteran, LGBTQIA+, Black/African American, Asian/Asian American/Desi, Native American, Latino/Latinx/Hispanic communities).
2) Support the Communications Program in the training and implementation of the Public Engagement & Noticing (PEN) Manual to enhance outreach and communication practices with all communities.
c. Develop & Implement Language Standards & Narrative Reinforcement Illustrative Examples:
1) Craft and issue internal and external communication about DEI messaging in response to local, state, or national events impacting various communities.

Draft DEI Strategic Plan Framework 6 | P a g e
2) Develop and release cultural messaging throughout the year that highlights diversity, equity, and inclusion that are critical to create safe spaces that reinforce the City’s commitment to DEI.
3) Develop a glossary of commonly used terms consistent, reflective, and inclusive of DEI practices and strategies that creates a welcoming and safe space in the workplace and the communities we serve.

Draft DEI Strategic Plan Framework 7 | P a g e

COMMUNITY DEVELOPMENT & SUPPORT
Goal
Reinforce and expand community partners diversity, equity, and inclusion programming that foster a welcoming community-wide environment and a stronger sense of belonging for all consistent with the City’s engagement and commitment to DEI.

3. Supporting Objectives
a. Develop and Establish Multicultural Programming
Illustrative Examples:
1) Collaborate with community partners and interest groups to identify and implement key learning and educational sessions that are meaningful and create a collaborative space for learning and perspective sharing. 2) Study the feasibility of implementing communal and collective spaces that create accessible safe spaces of belonging for
underserved/underrepresented communities.
b. Promote Awareness & Inclusion
Illustrative Examples:
1) Consistently provide venues and spaces throughout the community for community partners and interest groups to raise awareness on social issues and/or presentations highlighting the local history and its impact in the community.
2) Provide space or host forums for community partners and interest groups that represent or provide services to underserved/underrepresented communities to come together and provide educational opportunities to the entire community and the City staff.
c. Increase Visibility & Representation
Illustrative Examples:
1) Support community partners’ activities and efforts that engage the overall community on DEI initiatives.
2) Develop a pilot program in collaboration with local community partners and interest groups to highlight successful projects, activities, and lessons learned in their work to create structural change.

Draft DEI Strategic Plan Framework 8 | P a g e

ADAPTABILITY & SUSTAINABILITY
Goal
Welcome and embed new concepts, perspectives, practices, and lessons learned driven by local communities and the City’s needs to best navigate long-term transformational change and continue to support further implementation of DEI strategies and initiatives.

4. Supporting Objectives
a. Invest and Sustain in Innovative Grant Activities
Illustrative Examples:
i. Continue to support and strengthen community partners and interest groups’ DEI efforts consistently and intentionally.
ii. Support local non-profits and community groups with available funding in furthering their services and vision that contribute to a more diverse, equitable, and inclusive community.
iii. Evaluate grant programs and recommend changes to ensure greatest impact of outreach, engagement, and services reach to diverse communities.
b. Review Metrics & Conduct Data Analysis
Illustrative Examples:
i. Review City demographic data, measure changes overtime, and report on the DEI website.
ii. Foster cross-collaboration between non-profits and businesses to create engaging programs and partnerships to leverage resources and create long-term change in the entire community.
iii. Monitor and employ comprehensive community demographic data to best pursue public engagement initiatives.
iv. Create outcome measures and metrics consistent with the development and implementation of the DEI Strategic Plan.

Item 8a
Department: Community Development
Cost Center: 4001
For Agenda of: 5/2/2023
Placement: Public Hearing
Estimated Time: 20 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Alex Fuchs, Cannabis Business Coordinator
SUBJECT: INTRODUCE TWO (2) ORDINANCES AMENDING THE ZONING MAP

AND AMENDING THE MUNICIPAL CODE FOR THE CANNABIS

BUSINESS PROGRAM AND ADOPT A RESOLUTION UPDATING THE

MERIT CRITERIA FOR COMMERCIAL CANNABIS OPERATOR PERMIT

APPLICATIONS

RECOMMENDATION

1. 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, 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. Introduce a Draft Ordinance 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)”; and

3. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving updates to the cannabis operator permit ranking criteria.”

REPORT-IN-BRIEF
City staff anticipates opening a new period for commercial cannabis operator permit applications in summer 2023. The new period will allow for the submittal of applications for all permit types including the third and final retail storefront permit. Staff has identified several administrative updates, for Council’s consideration, with the intent of improving the quality and quantity of applications received.

At the last Cannabis Business Program update on March 7, 2023, staff indicated a return to Council with a proposed expansion of the Cannabis Business Overlay Zones (CBZs) to include two recently annexed areas of the City. Attachment A is a draft Ordinance introducing an amendment to the City’s Zoning Map expanding the CBZs as detailed in this report. Expanding the CBZs to include areas that meet the same conditions consistent with the existing areas increases the number of suitable areas of the City where commercial cannabis businesses may be permitted.

Item 8a
Staff is also recommending introduction of an Ordinance (Attachment B) amending Chapter 9.10, Cannabis Regulations, of the Municipal Code adding requirements for owners that lease real property to commercial cannabis applicants. The intent is to limit opportunities for persons with cannabis-related criminal convictions from associating with, to the extent possible under the City’s authority, the Cannabis Business Program.

The final recommendation of this report is for Council to adopt a Resolution (Attachment C) updating the merit criteria for all application permit types. Some of the proposed updates are based on Council’s discussion at the October 2022 program update in which Council questioned potential points available under the Financial Investment section.

Staff is also proposing minor clarifications on the potential points available in other sections. The intent is to better inform applicants on how points are awarded and to provide more clear direction to evaluators during the application scoring process.

POLICY CONTEXT
Since the adoption of the Cannabis Business Program, Council and staff acknowledged periodic updates will be needed as staff garners experience administering the program and the permit holders gain experience operating in the City. At the last annual update in March 2023, staff discussed a return to Council in May with a recommendation to expand the existing Cannabis Business Overlay Zones. The expansion includes two recently annexed areas near the airport.

Staff is also taking this return to Council as an opportunity to recommend additional updates to the Cannabis Business Program before opening a new application period in summer 2023. Staff is recommending a minor amendment to the Municipal Code adding requirements for property owners and updates to the merit criteria clarifying potential points awarded during the evaluation of commercial cannabis operator permit applications.

DISCUSSION
Cannabis Business Overlay Zone Expansion
In September 2018, City Council approved the establishment of the Cannabis Business Overlay Zones (CBZs) consisting of seven separate designated areas of the City where commercial cannabis activities may be permitted. The CBZs contain an appropriate mixture of land use types for commercial cannabis activities; are generally free of sensitive land uses like schools, daycare facilities, and public parks; and contain properties fronting an arterial street which is required for retail storefronts. Staff periodically evaluates areas of the City that may be suitable to permit commercial cannabis activities and will develop recommendation(s) based on the evaluation for the Planning Commission’s and City Council’s consideration.

Item 8a
Fiero Lane – Clarion Court Area
In November 2019, City Council approved annexation of the Fiero Lane – Clarion Court Area. The area is made up of 30 parcels totaling 38.97 acres of land and is located on the west side of Broad Street within the Airport Area Specific Plan (AASP). The area includes developed properties along Fiero Lane and Clarion Court with a mix of industrial, manufacturing, commercial, and office uses, with an estimated 500,124 square feet of total building area.

East Airport Area
In March 2020, City Council approved the annexation of what is referred to in the AASP as the East Airport Area. The East Airport Area is made up of 33 parcels (23 of which are developed), 58.31 acres of land, is within the AASP, and is zoned Service Commercial (C-S) throughout. The area is on the east side of Broad Street opposite the airport, bounded by Farmhouse Lane and Kendall Road, including Allene Way, Morabito Place, and Prospect Street. Figure 1 shows the boundaries and relationship of the proposed expansion areas to the San Luis Obispo Regional Airport.

Figure 1. Cannabis Business Zone Expansion Boundaries Map

Item 8a
Compatibility with Allowable Land Use Types
When the Cannabis Business Overlay Zones (CBZs) were initially developed, staff considered areas of the City with land use types that are appropriate for cannabis operations, are free of sensitive uses, and have properties that front an arterial street.

Fiero Lane – Clarion Court Area and East Airport Area are consistent with the criteria used to develop and establish the initial CBZs, except that the Fiero Lane - Clarion Court Area does not meet the zoning requirements for retail storefront permitting because the Service Commercial parcels in that area do not front an arterial street. The Fiero-Lane Clarion area is appropriate for all other cannabis permit types.

Table 1 shows the various cannabis activities permitted by the City, the land use type in which each of the activities are allowed, and the approval level needed for use permit issuance. The East Airport Area is zoned Service Commercial (C-S) throughout which allows for all cannabis activities permitted by the City. The Fiero Lane – Clarion Court Area is a mixture of Service Commercial (C-S), Manufacturing (M), and Business Park (BP) Zones. These three zones allow for all permitted cannabis activities except for retail storefront as noted above.

Table 1: Cannabis Activities Allowed by Land Use Type
Cannabis Activity Land Use Type

O C-R C-S M BP
Cultivation D D D
Nursery D D D
Manufacturing D D D
Distribution D D D
Microbusiness PC* D/PC* D/PC* D/PC*
Testing Lab PC AA AA AA
Retail (Delivery) D D D
Retail (Storefront) PC PC
AA = Administrative Approval D = Director’s Approval PC = Planning Commission Approval *Planning Commission Approval required if activity includes retail storefront Municipal Code Amendments
In October 2022, Council adopted amendments to the City’s Cannabis Regulations further clarifying the requirements for applying, obtaining, activating, and renewing commercial cannabis operator permits. However, the amendments did not include requirements for owners that lease real property to commercial cannabis businesses. The proposed amendments recommended by staff make explicit that any property owner listed on a commercial cannabis operator permit application is equally subject to the criteria which may disqualify the applicant from applying for or obtaining a permit. Specifically, the amendment would disqualify an applicant if the property owner of record for the location of the proposed operation has been convicted of the offenses or subject to the punishments stated in section 9.10.070(C)(3).

Item 8a
Cannabis Operator Permit Merit Criteria Updates
City Council has established ranking criteria, also referred to as merit criteria, used by staff to evaluate and, in the case of retail storefront and cultivation, rank applications. The last update occurred in October 2022 with Council approving minor changes for retail storefront merit criteria. In preparation for opening a new application period, staff is proposing additional updates to the merit criteria for all permit types.

The updates to the Financial Investment Section were discussed by Council at the Cannabis Business Program annual update in October 2022. Council debated the points available for developing raw land versus points for major improvements to existing structures and aligning them with the City’s broader goal of promoting in-fill development.

Council also discussed points awarded for meeting generally applicable parking requirements. Staff proposes combining the sections for development of raw land and for major improvements into one section so that potential points apply equally to both investment types. Staff also proposes removing the section for meeting parking requirements completely because this is already required by the City’s development review process.

The intent is to improve the quality of the applications and to assist evaluators with uniformly awarding points by further clarifying the language and points available. Details of the proposed updates can be found in Exhibit A of Attachment C with text additions in red and deletions with strikethroughs. Some of proposed changes require updating the Merit Criteria Example Sheet developed by staff as a reference tool to aid applicants during the application submittal process. The Merit Criteria Example Sheet is an administrative document reviewed and approved by the Cannabis Steering Committee.

Proposed Merit Criteria Updates

1. Community Benefit Section

1.A.1 - Clarify that 0 points will be awarded for committing to hiring under 60% of employees from within the County.

1.A.2 - Clarify that 0 points will be awarded for committing to sourcing under 50% of supply and equipment expenses from within a 90-mile radius.

1.B.1 - Clarify that 0 points will be awarded for committing to providing less than 10 hours per month of community support.

2. Equity and Labor Section

2.A.1 - Clarify that 0 points will be awarded to applications that include no Primary Principals who have earned at or below the median household income at the time of submittal.

2.A.3 - Clarify that the term “minimum wage” refers to the State of California’s minimum wage requirements.

3. Financial Investment Section

3.A.2 and 3.A.3 – Combine together and award up to 10 points for committing to develop raw land or for committing to major improvements of an underutilized/underdeveloped site.

3.A.4 - Remove potential points awarded for meeting on-site parking requirements.

4. Medical Retail Commitment

7.A.1 - Clarify that potential points are 0 or 10 instead of 0 to 10 points.

Item 8a
Previous Planning Commission Action
On April 12, 2023, the Planning Commission reviewed the proposed Cannabis Business Overlay Zone expansion and adopted a Resolution recommending Council introduce and adopt an Ordinance approving the expansion. Attachment D is the adopted Resolution.

The Planning Commission did not review or act on the other recommendations in this report because the proposed changes do not fall under their purview.

Public Engagement
Property owners and occupants within the 300 feet of the proposed expansion areas were noticed in advance of the Planning Commission meeting and this City Council meeting.

A legal ad was also posted in advance of both meetings in accordance with the City’s noticing requirements.

CONCURRENCE
The Cannabis Steering Committee, consisting of representatives from City Administration, Police Department, City Attorney’s office, Community Development Department, and Finance Department; have reviewed and support the recommendations in this report.

ENVIRONMENTAL REVIEW
The recommended actions were reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines and are determined to be exempt from environmental review pursuant to the General Rule (Section 15061(b)(3)), which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

The expansion of the Cannabis Business Overlay Zones will not have a significant effect on the environment because the inclusion does not alter the development standards for the land use types within the proposed expansion areas. Amending the Municipal Code and updating the merit criteria are considered administrative activities of a government agency that will not result in an impact on the environment.

Commercial cannabis businesses permitted by the City would be required to comply with all applicable state and local law, including a showing of CEQA compliance or exemption.

FISCAL IMPACT
Budgeted: Yes Budget Year: On-going
Funding Identified: Yes

Item 8a
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ 0 $ 0 $ 0 $ 0
State
Federal
Fees
Other:

Total $ 0 $ 0 $ 0 $ 0
There is no fiscal impact associated with the recommended actions of this report.

ALTERNATIVES

1. Council could decide to not introduce the Ordinance expanding the Cannabis Business Overlay Zones. Staff does not recommend this alternative because the Planning Commission reviewed and approved adoption of a Resolution supporting the expansion of the Cannabis Business Overlay Zones.

2. Council could decide to not introduce the Ordinance amending the Municipal Code clarifying property owner requirements. Staff does not recommend this alternative because the Municipal Code amendment is necessary to limit opportunities for persons convicted of cannabis business-related crimes from associating with the program.

3. Council could decide to not adopt a Resolution updating the commercial cannabis operator permit merit criteria. Staff does not recommend this alternative because providing clear instructions to potential applicants as to how submittals will be evaluated, and points awarded improves the quality of the applications and increases the chances of obtaining a successful operator.

ATTACHMENTS
A - Draft Ordinance amending the City’s Zoning Map to expand the Cannabis Business Overlay Zones
B - Draft Ordinance amending Chapter 9.10 adding requirements for the property owner C - Draft Resolution updating the merit criteria for commercial cannabis operator permits D - PC Resolution No. PC-1074-2023 recommending the Council introduce an ordinance expanding the Cannabis Business Overlay Zones

O ______
ORDINANCE NO. _____ (2023 SERIES)

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)
WHEREAS, on September 18, 2018, the City Council of San Luis Obispo amended the zoning map and designated areas of the City as Cannabis Business Overlay Zones where commercial cannabis activities may be located and allowed or conditionally allowed by the underlying base Zones; and
WHEREAS, on November 19, 2019, the City Council of the City of San Luis Obispo approved the annexation of the properties along Fiero Lane and Clarion Court to the City of San Luis Obispo; and
WHEREAS, on March 7, 2020, the City Council of the City of San Luis Obispo approved the annexation of the East Airport Annexation Area Properties (East Airport Commerce Park Association, Senn-Glick) to the City of San Luis Obispo; and WHEREAS, overlay Zones supplement the base Zones and are used to establish special use or development regulations for a particular area in addition to the provisions of the underlying base Zones; and
WHEREAS, the expansion of the Cannabis Business Overlay Zones provides more locations that may be appropriate for a variety of commercial cannabis activities to occur in the City; and
WHEREAS, the location of commercial cannabis activities within the Cannabis Business Overlay Zones are subject to issuance of a land use permit, which is a process that provides notification for neighboring property owners, businesses, and residents; and ensures compatibility of uses through the imposition of conditions of approval; and WHEREAS, at a public hearing of the Planning Commission of the City of San Luis Obispo conducted on April 12, 2023 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, the Planning Commission considered amending the zoning map to expand the Cannabis Business Overlay Zones and made a recommendation to the City Council in favor of such an amendment.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

Ordinance No. _____ (2023 Series) Page 2
O ______
SECTION 1. Finding. The expansion of the Cannabis Business Overlay Zones intends to provide more locations that may be appropriate for commercial cannabis activities to occur, as detailed in Chapter 9.10 and Chapter 17.86 of the City’s Municipal Code.

SECTION 2. Environmental Review. The proposed expansion of the Cannabis Business Overlay Zones to include the Fiero Lane – Clarion Court Area and the East Airport Area was reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines. The proposed expansion is determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the General Rule exemption which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The expansion of the Cannabis Business Overlay Zones will not have a significant effect on the environment because the expansion does not alter the underlying base Zones land use types or development standards for those land use types. Project specific environmental review will be required for any new commercial cannabis operation located within the Fiero Lane – Clarion Court Area and the East Airport Area as part of the City’s existing permitting processes.

SECTION 3. Action. The City Council hereby adopts an ordinance amending the City’s Zoning Map designating properties that will be included in the Cannabis Business Overlay Zones in nine separate areas of the City as depicted in Exhibit A which is incorporated herein by reference.

SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalid or unenforceability shall not affect the validity or enforcement of the remaining provisions of this Ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

SECTION 5. Ordinance Number 1653 (2018 Series) is hereby amended and superseded to the extent inconsistent herewith.

Ordinance No. _____ (2023 Series) Page 3
O ______
SECTION 6. A summary of this ordinance, together with the names of the Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the _____ day of _________, 2023, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of __________, 2023, on the following vote:

AYES:

NOES:

ABSENT:
___________________________
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

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O ______
ORDINANCE NO. _____ (2023 SERIES)

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)
WHEREAS, after commencing administration and operation of the commercial cannabis program, staff has identified necessary changes to Chapter 9.10 of the Municipal Code to clarify the requirements for owners that lease real property to commercial cannabis operators; and
WHEREAS, the City Council of the City of San Luis Obispo on May 2, 2023 in the City Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, considered the recommended changes to Chapter 9.10 of the Municipal Code and held a public meeting to review and discuss the proposed changes.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Section 9.10.070 – Commercial cannabis operator permit application procedures and requirements of the San Luis Obispo Municipal Code is hereby amended as reflected in Exhibit A to read as follows:

A. Application. A person shall apply for a commercial cannabis operator permit by submitting an application to the city during the annual application period. The city council will, by resolution, adopt criteria by which all applications will be reviewed, applicants qualified and in the case of retail and cultivation businesses, also ranked. Those applicants that are selected will have the opportunity to apply for a use permit as outlined in Section 17.86.080. Each application shall designate at least one responsible party. If a person is not selected to receive a commercial cannabis operator permit, the person may reapply during the next annual application period or any subsequent application period established by the city manager except as otherwise prohibited by this chapter.

B. Application Submittal Time Frame. A person may only submit one application per permit type, per application period, for a commercial cannabis operator permit, during the annual application period designated by resolution of the city council or any subsequent application period established by the city manager.

An applicant who is unsuccessful in any application period may submit another application in any subsequent application period, except as otherwise prohibited by this chapter. The commercial cannabis operator permit will be valid for twelve months. Once a permit is activated, the applicant can apply annually for renewal. There is no guarantee that an applicant will receive a

Ordinance No. _____ (2023 Series) Page 2
commercial cannabis operator permit in the first instance. Due to limitations on the number of certain permits, even a highly ranked applicant for a retail or cultivation permit may not receive a commercial cannabis operator permit and even an applicant who receives a commercial cannabis operator permit is not guaranteed that any subsequent, required land use permit, as outlined in Section 17.86.080, will be approved.

C. Grounds for Automatic Disqualification. In addition to any other reason that may be established by the city council as a basis for disqualification, an applicant shall be disqualified from applying for, or obtaining, a commercial cannabis operator permit if:

1. The applicant fails to timely file an application during the annual application period.

2. The responsible party refuses to sign the application and agree to be personally responsible for compliance, and personally liable for failure to comply, with the provisions of this chapter.

3. The applicant, or any of its officers, directors or owners, or any person listed in the application, including the property owner of record, has been convicted of a felony or offense referenced in Business and Professions Code Section 26057, or of any other crime related to the application for or operation of a cannabis business; or has been subject to fines, penalties, or sanctions for cultivation or production of a controlled substance on public or private lands or for unauthorized commercial cannabis activities as specified in Business and Professions Code Section 26057 or for any other criminal misconduct related to the application for or operation of a cannabis business; or has been disqualified from obtaining, or has had a commercial cannabis license suspended or revoked by the state of California or any city or county in any state for misconduct related to a cannabis business. The foregoing restrictions shall apply within the five years preceding the date the application is filed, and for any additional period of time during which an applicant is ineligible to apply for a state cannabis license. No person who has been convicted of such a felony or offense, or subject to such fines, penalties, sanctions, disqualification, suspension or revocation of a cannabis permit or license, may be engaged (actively or passively) in the application for, or operation, management or ownership of any commercial cannabis business or leasing of any real property to commercial cannabis business. A conviction within the meaning of this chapter means a plea or verdict of guilty or a conviction or diversion following a plea of nolo contendere.

Ordinance No. _____ (2023 Series) Page 3

4. The applicant made one or more false or misleading statements or omissions in the application process. The foregoing shall result in immediate notice of automatic disqualification of the application, and/or revocation of any permit issued to the applicant as the result of the misleading statements or omissions.

5. Any person listed on the application is a licensed physician making patient recommendations for medical or medicinal cannabis pursuant to state law.

6. Any person listed in the application is less than twenty-one years of age.

D. Duration and Activation of Permit. Each commercial cannabis operator permit issued pursuant to this chapter shall expire twelve months after the date of its activation. The permittee may apply for renewal prior to expiration in accordance with this chapter. Each commercial cannabis operator permit must be activated within twenty-four months of issuance. The permit is activated by the issuance of a use permit for the commercial cannabis activity pursuant to Chapter 17.86, together with all other applicable city permits and state licenses, and the commercial cannabis operator thereafter opening and continuously operating the commercial cannabis activity. Failure to timely activate the permit shall be deemed abandonment of the permit and the permit shall automatically lapse. In the event that a permit holder fails to timely activate the permit and the permit lapses, the cannabis business shall be required to submit a new application, unless otherwise prohibited from doing so under this chapter. (Ord. 1722 § 2, 2022; Ord. 1673 §§ 1, 2 (Exh. A), 2020; Ord. 1647 § 4 (Exh. A (part)), 2018)
SECTION 2. Ordinance No. 1722 (2022 Series) is hereby amended and superseded to the extent inconsistent herewith.

SECTION 3. Environmental Review. The California Environmental Quality Act CEQA) does not apply to the recommended action in this repot because the action does not constitute a “ Project” under CEQA Guidelines Sec. 15378. The adoption of the cannabis regulatory changes is an administrative activity of a government agency that will not result in direct or indirect physical impact on the environment.

SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Ordinance, or any other provisions of the city' s rules and regulations. It is the city' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

Ordinance No. _____ (2023 Series) Page 4
SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the _____ day of ________ 2023, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of _________, 2023, on the following vote:

AYES:

NOES:

ABSENT:
___________________________
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

EXHIBIT A
Chapter 9.10 CANNABIS REGULATIONS

9.10.010 Purpose and intent.

9.10.020 Definitions.

9.10.030 Personal cultivation limited.

9.10.040 Commercial cannabis/city permit and state license required.

9.10.050 Regulations and fees.

9.10.060 Display and production of permits.

9.10.070 Commercial cannabis operator permit application procedures and requirements.

9.10.080 Renewal of permit.

9.10.090 Suspension or revocation of permit.

9.10.100 Appeal.

9.10.110 Right to occupy and to use property for commercial cannabis activity.

9.10.120 Prohibition on transfer of commercial cannabis operator permits.

9.10.130 Records and reports.

9.10.140 Inspection and enforcement.

9.10.150 Outdoor commercial cannabis cultivation and activities prohibited.

9.10.160 Indemnification, insurance, reimbursement, consent.

9.10.170 Compliance with laws.

9.10.180 Permit violation.

9.10.190 Permit compliance monitoring.

9.10.200 Permit holder responsible for violations by employees or agents.

9.10.210 Consumption or use prohibited on site and in public—Cannabis event prohibited.

9.10.220 Concurrent alcohol or tobacco sales or service prohibited.

9.10.230 Minors.

9.10.240 Sale of cannabis products or cannabis accessories by vending machine prohibited.

9.10.250 Security and public safety measures.

9.10.260 Limitations on city’s liability.

9.10.270 Fees deemed debt to city.

9.10.280 Violation and penalties.

9.10.290 Severability.

9.10.010 Purpose and intent.

A. It is the primary purpose and intent of this chapter to protect the health, safety, and welfare of the residents of the city of San Luis Obispo from the negative impacts of illegal commercial and noncommercial cannabis activity, and of state authorized cannabis activity, by enforcing city ordinances, rules and regulations consistent with applicable state law, including, but not limited to, the Compassionate Use Act, the Medical Marijuana Program Act, the Adult Use of Marijuana Act, and the Medicinal and Adult Use of Cannabis Regulatory and Safety Act.

EXHIBIT A
B. This chapter is not intended to, and shall not be construed to, prohibit or interfere with any right, defense or immunity under Health and Safety Code Section 11362.5 (the Compassionate Use Act), or under Health and Safety Code Section 11362.7 et seq. (the Medical Marijuana Program Act).

C. This chapter is not intended to, and shall not be construed to, prohibit or interfere with any right, defense or immunity of any person twenty-one years of age or older relating to the adult personal possession or cultivation of cannabis or marijuana consistent with the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act and the Medicinal and Adult Use of Cannabis Regulatory and Safety Act.

D. Nothing in this chapter shall be construed to authorize the cultivation, possession or use of marijuana for any purpose inconsistent with state or local law.

E. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulation. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.020 Definitions.

A. State-Defined Terms. Words or terms used in this chapter that are defined words or terms in Business and Professions Code Section 26001 or Health and Safety Code Section 11362.7 (the “Statutes”) shall have the meanings ascribed to them in the Statutes as they now read, or as they may be amended to read. These state-defined words and terms include, but are not limited to, “cannabis,” “cannabis accessories,” “cannabis concentrate,” “cannabis products,” “commercial cannabis activity,” “cultivation,” “delivery,” “distribution,” “license,” “live plants,” “manufacture,” “operation,” “person,” “premises,” “sell,” “sale,” “to sell.” Some of these terms are also set forth in Chapter 17.156. In the event of conflict in the definitions, the definitions in Chapter 17.156 shall control; provided the terms defined in subsection B of this section shall control over any other definition.

B. City-Defined Terms. The following words or terms used in this chapter have the following meanings:

1. “Applicant” means the individual or entity applying for the commercial cannabis business operator permit, including each entity or individual identified as part of the applicant team or who is an owner or principal of an entity applying for a permit.

2. “Commercial cannabis business” means any person or entity engaging in any business, operation or activity which is commercial cannabis activity under state law in the city.

3. “Commercial cannabis operator permit” means a permit required by the city of San Luis Obispo pursuant to this chapter to conduct commercial cannabis activity or a commercial cannabis business in the city.

EXHIBIT A

4. “Financial interest holder” means a person or entity (other than a social equity owner) who has less than a ten percent aggregate ownership interest in the commercial cannabis business, has no active or passive direction, control, or management of the commercial cannabis business, and otherwise meets the definitions of financial interest holder as set forth in the Department of Cannabis Control Medicinal and Adult-Use Commercial Cannabis Regulations, California Code of Regulations Title 4 Division 19, Department of Cannabis Control. For purposes of this chapter, the aggregate ownership threshold herein shall supersede any current (twenty percent) or subsequently amended state threshold for a financial interest holder.

5. “Majority” means more than half. An equal number does not constitute a majority.

6. “Operator” means an applicant that has been permitted and conducts or conducted active cannabis operations in the city.

7. “Owner” means any of the following:
a. A primary principal;
b. A social equity owner;
c. Any person or entity engaged actively or passively in the direction, control, or management of any commercial cannabis business; d. If available evidence indicates that an individual qualifies as an owner, the city may notify the applicant or licensee that it must either: (i) disclose the individual or entity as an owner and submit written acknowledgement that the owner will be subject to the requirements of the application and this chapter; or (ii) produce a written attestation under oath, along with any supporting documentation, demonstrating that the individual does not qualify as an owner.

8. “Principal(s)” means the individual(s), entities, and/or individual members of any entity, identified as part of the applicant team in the commercial cannabis operator permit application.

9. “Primary principal” means an individual or entity that has a ten percent or greater ownership interest, or has an immediately actionable entitlement to such interest, in the applicant business, commercial cannabis business, including, but not limited to, partners, members, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns, or has an immediately actionable entitlement to, at least ten percent of the stock, capital, profits, voting rights, or membership interest of the commercial cannabis business or that is one of the partners in the commercial cannabis business.

Managers of a commercial cannabis business with the authority to establish,

EXHIBIT A
modify or control operational and policy directives and/or business operations plans for the business, whether by means of ownership or contractual authority, shall also be considered primary principals. On-site retail managers without such authority shall be considered employees and not primary principals.

10. “Responsible party(ies)” shall be one or more individuals who have an ownership interest in a commercial cannabis activity and are designated to be personally responsible for compliance with all terms and conditions of the commercial cannabis operator permit, all other permits required by the city, and all ordinances and regulations of the city. Any person having an ownership interest of more than fifty percent in a commercial cannabis activity shall be designated a responsible party on the application. If no individual owns more than fifty percent of a commercial cannabis activity, the individual owning the largest share shall be a responsible party, and if multiple individuals have the same percentage interest, each one shall be a responsible party. More than one individual can be designated a responsible party.

11. “Social equity owner” means the principal(s) of a commercial cannabis business with two percent equity or higher who earned at or below the median household income at the time the operator’s commercial cannabis operator permit application was approved by the city.

12. “Cannabis event” means a public or private event where compensation is provided or exchanged, either directly or indirectly or as part of an admission or other fee for service, for the provision, hosting, promotion or conduct of the event where consumption of cannabis is part of the activities. (Ord. 1722 § 1, 2022; Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.030 Personal cultivation limited.

A. Maximum Six Plants Outdoors per Parcel. It shall be unlawful for any person to plant, cultivate, harvest, dry, process, maintain, possess or store outdoors, more than six live cannabis plants on any parcel containing one or more private residences. This limitation on outdoor personal cannabis activities applies per parcel, regardless of the number of residents in each private residence, and regardless of the number of residences on the parcel. This limitation applies to cannabis live plants for either adult recreational use or medicinal purposes. Outdoor personal cultivation shall comply with applicable provisions of Section 17.86.080.

B. Maximum Six Plants per Private Residence, Indoors and Outdoors. It shall be unlawful for the cumulative total of cannabis plants per private residence, indoors and outdoors, to exceed six cannabis live plants, regardless of number of persons residing in the private residence. This limitation applies to cannabis live plants for either adult recreational use or medicinal purposes. Any live cannabis plants grown indoors shall comply with applicable provisions of Section 17.86.080.

EXHIBIT A
C. No Outdoor Cultivation on Parcel without Private Residence. It shall be unlawful for any person to plant, cultivate, harvest, dry, process, maintain, possess or store any cannabis live plants outdoors on a parcel that does not have a private residence used for residential dwelling purposes by the person cultivating the cannabis live plants.

D. Neighborhood Impacts of Personal Cultivation. There shall be no exterior evidence of cannabis cultivation occurring at the property visible by normal unaided vision from a public place or the public right-of-way and any outdoor cultivation shall comply with provisions of Section 17.86.080(D). Personal cultivation of cannabis, for recreational adult use or for medicinal purposes, shall not create odors, dust, heat, noise, light, glare, smoke or other impacts to people of normal sensitivity living, working or lawfully present in the vicinity of the personal cultivation site. Impacts that cross the nearest property line of any other parcel, beyond that parcel on which the personal cultivation is conducted, or that are visible or noticeable with normal unaided vision, from a public place or the public rightof-way, or from any separately owned, leased or controlled private residence or business on the same parcel as the private residence responsible for the personal cultivation, are unlawful.

E. No Hazardous Personal Cultivation. Personal cultivation, harvesting, drying, or processing of cannabis, for recreational adult use or medicinal purposes, that uses or stores hazardous or toxic chemicals or materials, creates hazardous or toxic products or wastes, or uses volatile processes or other methods or substances that pose a significant risk to public health or safety, is prohibited and unlawful. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.040 Commercial cannabis/city permit and state license required.

A. City Commercial Cannabis Operator Permit Required. No person shall engage in commercial cannabis activity or have an ownership interest in, operate, or manage a commercial cannabis business without obtaining and continuously maintaining a commercial cannabis operator permit pursuant to this chapter.

B. Commercial Cannabis Operator Permit and State License(s) Required. It shall be unlawful for any person to own, conduct, manage, operate, engage or participate in, or work or volunteer at a commercial cannabis activity or commercial cannabis business that does not have a valid commercial cannabis operator permit issued pursuant to this chapter and other city permits or licenses required by this code, in addition to the appropriate license(s) required by state law to conduct the commercial cannabis activity.

Any commercial cannabis business or commercial cannabis activity conducted without all required city and state permits and licenses is prohibited and unlawful and is hereby declared to be a public nuisance. (Ord. 1647 § 4 (Exh. A (part)), 2018)

EXHIBIT A

9.10.050 Regulations and fees.

The city council shall by resolution or ordinance adopt such forms, fees, regulations and procedures as are necessary to implement this chapter with respect to the application and qualification for, and the selection, future selection, investigation, process, issuance, renewal, revocation, and suspension of, commercial cannabis operator permits. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.060 Display and production of permits.

A. Dual Permits Posted and Visible. A copy of the commercial cannabis operator permit issued by the city of San Luis Obispo pursuant to this chapter, together with a copy of the appropriate state license(s) for the commercial cannabis activity being conducted, shall be posted and readily visible to the public at all times, at each location where commercial cannabis activity occurs.

B. Production of Originals for Inspection. Any owner, operator, employee or person in charge of a commercial cannabis activity shall produce for inspection and copying, upon request of a city inspector, code enforcement officer, or city police officer during normal operating hours, the original of the current and valid city of San Luis Obispo commercial cannabis operator permit and the appropriate, current and valid license(s) of the state of California for the commercial cannabis activity(ies) or commercial cannabis business(es) being conducted. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.070 Commercial cannabis operator permit application procedures and requirements.

A. Application. A person shall apply for a commercial cannabis operator permit by submitting an application to the city during the annual application period. The city council will, by resolution, adopt criteria by which all applications will be reviewed, applicants qualified and in the case of retail and cultivation businesses, also ranked. Those applicants that are selected will have the opportunity to apply for a use permit as outlined in Section 17.86.080. Each application shall designate at least one responsible party. If a person is not selected to receive a commercial cannabis operator permit, the person may reapply during the next annual application period or any subsequent application period established by the city manager except as otherwise prohibited by this chapter.

B. Application Submittal Time Frame. A person may only submit one application per permit type, per application period, for a commercial cannabis operator permit, during the annual application period designated by resolution of the city council or any subsequent application period established by the city manager. An applicant who is unsuccessful in any application period may submit another application in any subsequent application period, except as otherwise prohibited by this chapter. The commercial cannabis operator permit will be valid for twelve months. Once a permit is activated, the applicant can apply annually for renewal. There is no guarantee that an applicant will receive a commercial cannabis operator permit in the first instance. Due to limitations on the number of certain permits, even a highly ranked applicant for a retail or cultivation permit may not receive a

EXHIBIT A
commercial cannabis operator permit and even an applicant who receives a commercial cannabis operator permit is not guaranteed that any subsequent, required land use permit, as outlined in Section 17.86.080, will be approved.

C. Grounds for Automatic Disqualification. In addition to any other reason that may be established by the city council as a basis for disqualification, an applicant shall be disqualified from applying for, or obtaining, a commercial cannabis operator permit if:

1. The applicant fails to timely file an application during the annual application period.

2. The responsible party refuses to sign the application and agree to be personally responsible for compliance, and personally liable for failure to comply, with the provisions of this chapter.

3. The applicant, or any of its officers, directors or owners, or any person listed in the application, including the property owner of record, has been convicted of a felony or offense referenced in Business and Professions Code Section 26057, or of any other crime related to the application for or operation of a cannabis business; or has been subject to fines, penalties, or sanctions for cultivation or production of a controlled substance on public or private lands or for unauthorized commercial cannabis activities as specified in Business and Professions Code Section 26057 or for any other criminal misconduct related to the application for or operation of a cannabis business; or has been disqualified from obtaining, or has had a commercial cannabis license suspended or revoked by the state of California or any city or county in any state for misconduct related to a cannabis business. The foregoing restrictions shall apply within the five years preceding the date the application is filed, and for any additional period of time during which an applicant is ineligible to apply for a state cannabis license. No person who has been convicted of such a felony or offense, or subject to such fines, penalties, sanctions, disqualification, suspension or revocation of a cannabis permit or license, may be engaged (actively or passively) in the application for, or operation, management or ownership of any commercial cannabis business or leasing of any property to commercial cannabis business. A conviction within the meaning of this chapter means a plea or verdict of guilty or a conviction or diversion following a plea of nolo contendere.

4. The applicant made one or more false or misleading statements or omissions in the application process. The foregoing shall result in immediate notice of automatic disqualification of the application, and/or revocation of any permit issued to the applicant as the result of the misleading statements or omissions.

5. Any person listed on the application is a licensed physician making patient recommendations for medical or medicinal cannabis pursuant to state law.

6. Any person listed in the application is less than twenty-one years of age.

EXHIBIT A
D. Duration and Activation of Permit. Each commercial cannabis operator permit issued pursuant to this chapter shall expire twelve months after the date of its activation. The permittee may apply for renewal prior to expiration in accordance with this chapter. Each commercial cannabis operator permit must be activated within twenty-four months of issuance. The permit is activated by the issuance of a use permit for the commercial cannabis activity pursuant to Chapter 17.86, together with all other applicable city permits and state licenses, and the commercial cannabis operator thereafter opening and continuously operating the commercial cannabis activity. Failure to timely activate the permit shall be deemed abandonment of the permit and the permit shall automatically lapse. In the event that a permit holder fails to timely activate the permit and the permit lapses, the cannabis business shall be required to submit a new application, unless otherwise prohibited from doing so under this chapter. (Ord. 1722 § 2, 2022; Ord. 1673 §§ 1, 2 (Exh. A), 2020; Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.080 Renewal of permit.

A. Renewal Application Filing Deadline. An application for renewal of a commercial cannabis operator permit shall be filed at least sixty calendar days, but not more than one hundred twenty calendar days, prior to the expiration date of the permit with the city manager or his/her designee. All commercial cannabis operator permits shall have an expiration date of June 30th of each year. If the complete application and fees are timely submitted but the city does not act to approve or reject the renewal prior to expiration, the permittee may continue to operate under the expired permit until the city approves or rejects the application for renewal.

B. Rejection of Renewal Application. An application for renewal of a commercial cannabis operator permit shall be rejected if any of the following exists:

1. The commercial cannabis operator permit is revoked at the time of the application or renewal.

2. The applicant conducted unpermitted commercial cannabis activities in the city or continued to conduct formerly permitted commercial cannabis activities after expiration of the permit, other than as expressly permitted by this section.

3. Any of the grounds for disqualification for prequalification set forth in Section

9.10.070(C), or as established by the city council, exist at the time of application for renewal, or the date of renewal.

4. The permittee fails to renew any required state of California license(s), or the state revokes or suspends the license. Revocation, termination, nonissuance or suspension of a license issued by the state of California, or any of its departments or divisions, shall immediately, concurrently revoke, terminate, or suspend, respectively, the commercial cannabis operator permit. Such automatic suspension makes it illegal for a commercial cannabis business or activity to operate within the city of San Luis Obispo until the state of California, or its respective department or division, reinstates or issues the state license.

EXHIBIT A
An application for renewal of a commercial cannabis operator permit may be denied if any of the following exists:

1. The application is filed less than sixty days before its expiration.

2. The applicant has received an administrative citation for violating any provision of this code relating to its commercial cannabis activity(ies) in the city during the last twelve months, and the administrative citation has not been resolved in the applicant’s favor by the date of application for renewal. A pending, unresolved appeal of an administrative citation shall not result in rejection of an otherwise timely and complete application, but resolution of an appeal in a manner that upholds the violation against the applicant during the application review period shall result in the immediate rejection of the application.

3. The commercial cannabis business has not been in regular and continuous operation in the three months immediately prior to the renewal application.

4. The commercial cannabis business fails to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or the conditions imposed as part of any use permit or zoning requirements under Section

17.86.080.

5. The commercial cannabis operator permit is suspended at the time of application or renewal.

C. Effect of Rejection of Application for Renewal—Operations to Cease Pending Appeals. If a renewal application is rejected, the commercial cannabis operator permit expires on the expiration date set forth in the permit, even if an appeal has been filed. All commercial cannabis activities in the city under the expired permit must stop until all appeals have been exhausted. A person or entity whose renewal application is rejected, and who loses his/her/its appeal, must go through the annual commercial cannabis business operator permit application process. (Ord. 1691 § 1, 2021; Ord. 1647 § 4 (Exh.

A (part)), 2018)

9.10.090 Suspension or revocation of permit.

In addition to any other penalty authorized by law, a commercial cannabis operator permit may be suspended or revoked if the city finds, after notice to the permittee and opportunity to be heard, that the permittee or his or her agents or employees have violated any condition of the permit imposed pursuant to, or any provision of, this chapter.

A. Upon a finding by the city of a first permit violation within any five-year period, the permit shall be suspended for thirty days.

B. Upon a finding by the city of a second permit violation within any five-year period, the permit shall be suspended for ninety days.

EXHIBIT A
C. Upon a finding by the city of a third permit violation within any five-year period, the permit shall be revoked.

D. Notwithstanding the foregoing, upon finding, at any time following activation of a permit and operation of a cannabis business, of any violation of criminal or regulatory misconduct that would have precluded the issuance of a cannabis permit or state license, or upon a finding that the applicant or owner provided false or misleading information in the commercial cannabis operator permit application that resulted in the issuance of any operator permit, the permit and right to operate a cannabis business shall be revoked immediately, subject to appeal as set forth in Section 9.10.100(B).

E. Notwithstanding the foregoing, upon finding, at any time prior to activation of a permit, of any violation of criminal or regulatory misconduct that would have precluded the issuance of a cannabis permit or state license, or upon a finding that the applicant or owner provided false or misleading information in the commercial cannabis operator permit application that resulted in the issuance of any operator permit, the permit shall be revoked immediately, subject to notice and informal appeal as set forth in Section

9.10.100(E). (Ord. 1722 § 3, 2022; Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.100 Appeal.

A. Qualification—Ranking of Retailers and Cultivators. A decision of the city to not qualify an applicant for a commercial cannabis operator permit, or to rank applicants for retail or cultivation licenses, or to allow qualified applicants with the highest rankings the first opportunity to apply for a commercial cannabis operator permit, shall be the final action of the city and not appealable.

B. Nonrenewal, Revocation or Suspension. A decision of the city to reject an application for renewal, or to revoke or suspend a commercial cannabis operator permit, is appealable to the city manager. An appeal must be filed with the city manager within ten working days after the renewal has been denied, suspended or revoked. A decision of the city manager or his or her designee is appealable to the city council in accordance with Chapter 1.20.

C. Effect of Suspension. During a period of license suspension, the commercial cannabis business shall remove from public view all cannabis and cannabis products, and shall not conduct any commercial cannabis activity.

EXHIBIT A
D. Revocation—Notice to State. Pursuant to Business and Professions Code Section 26200(c), the city manager or his or her designee shall promptly notify the Bureau of Cannabis Control within the Department of Consumer Affairs upon the city’s revocation of any local license, permit, or authorization for a state licensee to engage in commercial cannabis activity within the city.

E. Revocation—Prior to Operator Permit Activation. A decision of the city to void, nullify or terminate an operator permit before the operator permit has been activated in accordance with Section 9.10.090(E) shall be the final action of the city and not appealable, except as set forth in this section. If the date of discovery is prior to activation of the operator permit, the applicant shall be provided notice of automatic disqualification and voidance/nullification/termination of the operator permit and given an opportunity to respond to the determinations in writing and/or in an informal hearing before the city manager, upon written request within ten days following notification. The determination of the city manager shall be final with no further right of appeal. (Ord. 1722 § 4, 2022; Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.110 Right to occupy and to use property for commercial cannabis activity.

As a condition precedent to the city’s issuance of a commercial cannabis operator permit pursuant to this chapter, any person intending to open and operate a commercial cannabis business shall provide evidence satisfactory to the city of the applicant’s legal right to occupy and use the proposed location for the proposed use, together with the approval of a use permit from the city for cannabis activity at the location. In the event the proposed location is owned by or to be leased from another person, the applicant for a permit under this chapter shall provide a signed and notarized statement from the property owner agreeing to the operation of a commercial cannabis business on the property. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.120 Prohibition on transfer of commercial cannabis operator permits.

A. Business Restriction to Location on Permit. It shall be unlawful for any person to transfer a commercial cannabis operator permit to a location not specified on the permit, or to operate a commercial cannabis business at any place or location other than that identified on the commercial cannabis operator permit issued pursuant to this chapter.

B. Transfer or Assignment Prohibited. It shall be unlawful and a violation of this chapter to encumber, mortgage, lien, hypothecate, give, bequeath, sell, assign or transfer, by operation of law or otherwise, any portion of the ownership, financial interest, or control of a commercial cannabis business or a commercial cannabis operator permit to any person who does not have a commercial cannabis operator permit from the city. Prior to the effective date of any transfer or other action described in this section, the commercial cannabis operator permittee proposing such an action shall:

EXHIBIT A

1. Notify the city in writing of the proposed action, comply with applicable regulations and provide such information as the city reasonably requests regarding the identity and qualifications of persons involved, and pay all applicable fees and charges; and

2. Provide proof that the proposed lender, lienholder, recipient, heir, buyer, assignee, transferee, or other potential recipient of any portion of the ownership or control, at the time of the notice and effective date of the proposed action, is qualified by the city to apply for a commercial cannabis operator permit and the proposed action is conditioned on the city issuing to the person a new or amended commercial cannabis operator permit.

3. Notify the city in writing within ten calendar days of the action becoming final with the names and contact information of the new persons involved, together with a request that the city issue either a new or amended commercial cannabis operator permit, as applicable.

C. Three-Year Moratorium on Majority Transfer of Ownership. Notwithstanding any other provision of this section, for three years following the date on which the commercial cannabis business activates its commercial cannabis operator permit in accordance with Section 9.10.070(D), no transfer of an aggregate ownership interest of fifty percent or more in a commercial cannabis operator permit will be permitted to any person or combination of persons who were not applicants, owners or financial interest holders of the permit at the time that a commercial cannabis operator permit was awarded. This restriction shall be cumulative, as to each commercial cannabis operator permit. No transfer of any interest is permitted in a commercial cannabis business prior to activating the commercial cannabis operator permit.

D. Prohibition Against Obtaining Ownership in More Than One Storefront Cannabis Dispensary. Notwithstanding any other provision of this section, it shall be unlawful and a violation of this chapter for an owner, permit holder, or financial interest holder of a commercial cannabis retail storefront in the city to be a owner, permit holder, or financial interest holder in any other commercial cannabis retail storefront in the city.

E. Prohibition Against Social Equity Owner Reductions. Notwithstanding any other provision of this section, any transfer of ownership within three years of permit activation that will result in the reduction or elimination of the total number of social equity owners or percentage interest of social equity ownership in a commercial cannabis business from the number or ownership percentage proposed in the original commercial cannabis operator permit applications is prohibited. This prohibition shall include the internal transfer of ownership from one currently permitted operator to another, and transfers of social equity owner interests of any kind require both prior notice and approval of the city to verify compliance with this section. Thereafter, any transfer, at any time, that would result in reduction of the total number of social equity owners proposed in the original application, or that would result in the total social equity ownership percentage in a commercial cannabis business to be reduced below a minimum of two percent, shall be prohibited.

EXHIBIT A
F. Owner and Financial Interest Disclosure. Notwithstanding any other provision of this section, all owners and financial interest holders in any commercial cannabis business shall be disclosed to the city in the application for the operator permit. Any changes to commercial cannabis business owners or financial interest holders shall be disclosed to the city when notification is given to the state.

G. Assignment Null and Void. Any attempt to transfer, sell, assign, give, or lien, or any transfer, by operation of law or otherwise, or any failure to disclose information as required by this chapter, is prohibited and a violation of this chapter, subject to such penalties provided under this chapter or as otherwise provided for violation of the municipal code.

Any completed transfer, sale, assignment, gift, or lien, of a commercial cannabis operator permit issued pursuant to the chapter, is prohibited. Any such action immediately shall void, nullify and/or terminate the commercial cannabis operator permit, which shall be of no further force or effect as of the date of any prohibited transfer, sale, assignment, gift or lien. (Ord. 1722 § 5, 2022; Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.130 Records and reports.

A. City Access to Records. Subject to the Health Insurance Portability and Accountability Act (HIPAA) regulations, each commercial cannabis business shall allow city of San Luis Obispo officials to have access to the commercial cannabis business’s books, records, accounts, and any and all data relevant to its permitted activities for the purpose of conducting an audit, examination or inspection. Books, records, accounts, and any and all relevant data will be produced no later than twenty-four hours after receipt of the city’s request or within a reasonable time as authorized in writing by the city.

B. Annual Audit. Each commercial cannabis business shall file with the city manager or his/her designee an audit of its financial operations for the previous fiscal year, complete and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include but not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to this chapter. The information contained in the audit shall be made available in standard electronic format which shall be compatible with programs and software used by the city, and which can easily be imported into either Excel, Access or any other contemporary software designated by the city manager.

C. Inventory Control System. All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until sold or distributed. All commercial cannabis businesses shall maintain records of all sales or transfers of cannabis and cannabis products.

D. Employee Registry. Each owner and/or operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of all employees currently employed by the commercial cannabis business and shall disclose such register to any city of San Luis Obispo official upon request.

EXHIBIT A
E. Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale tracking system to track and to report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale) and shall ensure that such information is compatible with the city’s recordkeeping systems. The system must have the capability to produce historical transactional data for review by the city of San Luis Obispo. All information provided to the city pursuant to this subsection shall be confidential and shall not be disclosed, except as may otherwise be required under law.

F. Maintenance of Records. All records required by this chapter shall be maintained by the commercial cannabis business for a period of not less than seven years and shall otherwise keep accurate records of all commercial cannabis business activity and provide such records for inspection consistent with this code or any rules the city council may adopt by resolution or ordinance. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.140 Inspection and enforcement.

A. Unscheduled Inspection during Business Hours. The city manager or his/her designee and any other city of San Luis Obispo official or inspector charged with enforcing any provisions of this code may enter a commercial cannabis business at any time during the hours of operation without notice for the purpose of inspecting the commercial cannabis business for compliance with the provisions of this code, the terms and conditions of the commercial cannabis operator permit or any other city permit or state license, including inspection of the recordings and records maintained pursuant to this chapter or the applicable provisions of state law. The right to inspect under this section includes the right to copy recordings and records.

B. Interference with Inspection. It is unlawful for any person who owns, operates, manages or is employed by, or has any responsibility over the operation of, a commercial cannabis business to refuse to allow, or to impede, obstruct, or interfere with, an inspection by the city, or the city’s review or copying of recordings (including audio and video recordings) and records, or to conceal, destroy, alter or falsify any recordings or records.

C. Obtaining Samples. The city manager or his/her designee or any other person charged with enforcing the provisions of this chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of cannabis and cannabis products to test for law enforcement and/or public safety purposes. Any samples obtained by the city of San Luis Obispo shall be logged, recorded, and maintained in accordance with city of San Luis Obispo police department standards for evidence. At all other times, the city manager or his/her designee may enter the location of a commercial cannabis business to obtain samples of cannabis upon reasonable notice, as otherwise authorized by law or pursuant to a warrant.

EXHIBIT A
D. Violation and Enforcement Any Time During Application and Permitting Process.

Notwithstanding any initial verification of compliance of the commercial cannabis operator permit application and commercial cannabis activity with the provisions of this chapter, any commercial cannabis business later found to be in violation of any of the requirements of this chapter at any time during, throughout and after the application and permitting process is subject to the enforcement provisions provided in this chapter. (Ord. 1722 § 6, 2022; Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.150 Outdoor commercial cannabis cultivation and activities prohibited.

A. Outdoor Commercial Cultivation Prohibited. Outdoor commercial cannabis cultivation, including, but not limited to, cultivation in greenhouses, hoop structures, and by mixed light (part daylight/part artificial light), is prohibited and unlawful. This section prohibits all outdoor commercial cannabis cultivation, including cultivation for profit or not-for-profit cultivation, and including commercial cultivation for adult recreational use or medicinal purposes. For purposes of this section, outdoor cultivation of cannabis by cooperatives is prohibited. All commercial cannabis cultivation shall be conducted only inside a fully enclosed structure by a person or entity with a commercial cannabis operator permit, a city use permit, and appropriate state license(s). See also Section 17.86.080(E)(7)(c).

B. Outdoor Commercial Cannabis Activities Prohibited. Outdoor storage, harvesting, drying, processing, or manufacturing of commercial cannabis or cannabis products is prohibited and unlawful. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.160 Indemnification, insurance, reimbursement, consent.

As a condition of approval of any commercial cannabis operator permit issued pursuant to this chapter, the permittee shall, at a minimum:

A. Execute an agreement to protect, indemnify, defend (at its sole cost and expense with counsel approved by city), and hold the city of San Luis Obispo and its officers, employees, attorneys, representatives, and agents harmless from and against any and all claims, demands, losses, damages, injuries, costs, expenses (including attorneys’ fees), fines, penalties, or liabilities arising from, related to or associated with: the issuance of a commercial cannabis operator permit or use permit; the permitting or approving the operation of a commercial cannabis activity; the collection of any fees, taxes, or charges from a commercial cannabis business; the commercial cannabis business’s or any of its owners’, operators’, managers’, employees’, or agents’ violation of any federal, state or local laws; the city’s suspension, revocation or refusal to renew the commercial cannabis operator permit.

B. Maintain insurance with standard city coverages and limits, but with additional conditions thereon as deemed necessary by the city attorney.

EXHIBIT A
C. Reimburse the city of San Luis Obispo for any and all costs, expenses, attorney fees, fines, penalties and court costs that the city of San Luis Obispo may be required to pay as a result of any legal challenge related to the city’s approval of a commercial cannabis operator permit pursuant to this chapter or any other city permit or the city of San Luis Obispo’s approval of the operation of a commercial cannabis activity. The city of San Luis Obispo may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the obligations imposed under this chapter.

D. Consent to unscheduled inspections, production of records and recordings, and obtaining of samples of cannabis and cannabis products by authorized city officials during normal operating hours as provided in this chapter. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.170 Compliance with laws.

The commercial cannabis business shall operate all times in compliance with all applicable state and local laws, regulations, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis operator permit or use permit or state license(s). Nothing in this chapter shall be construed as authorizing any action which violates state law or local law with respect to the operation of a commercial cannabis activity. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.180 Permit violation.

Compliance with all local and state cannabis-related laws shall be a condition of a city commercial cannabis operator permit and it shall be a violation of a commercial cannabis operator permit for a permittee or his or her agents or employees to violate any local or state cannabis-related law. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.190 Permit compliance monitoring.

Compliance with this chapter shall be monitored by the San Luis Obispo police department, code enforcement staff and/or any other duly authorized agent of the city.

Any compliance checks pursuant to this chapter shall be in addition to any under any other ordinances, regulations or permits. At least four compliance checks of each cannabis retailer shall be conducted during each twelve-month period. At least two compliance checks of each commercial cannabis business other than a retailer shall be conducted during each twelve-month period. The cost of compliance monitoring shall be incorporated into the annual renewal fee. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.200 Permit holder responsible for violations by employees or agents.

The responsible person and any entity to whom a commercial cannabis operator permit is issued pursuant to this chapter shall be responsible for all violations of the regulations and ordinances of the city of San Luis Obispo committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the

EXHIBIT A
commercial cannabis business, even if the responsible person is not present. Violations by an employee or agent may result in the termination or nonrenewal of the permit by the city. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.210 Consumption or use prohibited on site and in public—Cannabis event prohibited.

A. It is unlawful for any person or entity:

1. To sell, give, exchange, dispense or distribute cannabis or cannabis products for on-site consumption, use or sampling on any business premises; or

2. To consume or use cannabis or cannabis products, whether by smoking, vaping, inhaling, eating, drinking or any other means:
a. In, on or about the premises of any commercial cannabis business; b. In, on or about any publicly owned or operated property; any place open to or accessible by the public; any place smoking is prohibited; or any place visible from any public place with normal unaided vision; c. In on or about any other business, club, cooperative or commercial event, regardless if open to the public or only to members, ticket holders or event invitees;
d. Any location where an entry or other fee is charged to attendees or to the host or where a thing of value or consideration is received or exchanged, directly or indirectly, for or related to the provision of cannabis.

B. It is unlawful for any person to conduct a cannabis event in the city. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.220 Concurrent alcohol or tobacco sales or service prohibited.

A. No person shall dispense, serve, store, give away or consume, or cause or permit the sale, dispensing, serving, giving away or consumption of alcoholic beverages or tobacco in or on the premises of a commercial cannabis business.

B. No person shall conduct any commercial cannabis activity at any location where alcohol is sold or served. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.230 Minors.

A. Minors shall not be allowed on the premises of a commercial cannabis business having either an “A” or “M” license, or both, even if accompanied by a parent or guardian.

EXHIBIT A
B. No person under twenty-one years of age shall be allowed on the premises of a commercial cannabis business having either an “A” or “M” license or both.

C. Every entrance to an “A” or “M” licensed commercial cannabis business shall be clearly and legibly posted with the following notice: “ENTRY ONTO THESE PREMISES BY PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. VALID PHOTO ID REQUIRED.” Each letter of the notice must be at least two inches high and clearly visible.

D. No person, business, or other entity conducting a commercial cannabis activity with either an “A” or “M” state license shall employ any person who is not at least twenty-one years of age. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.240 Sale of cannabis products or cannabis accessories by vending machine prohibited.

A. No person shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises of, any cannabis vending machine used or intended to be used for the purpose of selling any cannabis products or cannabis accessories therefrom.

B. No person, business, or other entity shall sell, offer for sale, or display for sale any cannabis product by means of a self-service display or vending machine. All cannabis products shall be offered for sale exclusively by means of vendor/employee assistance.

C. “Vending machine” means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper bill, or debit or credit card, or other thing representative of value, which device or appliance dispenses or releases cannabis, cannabis product(s) and/or cannabis accessories. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.250 Security and public safety measures.

A. The city manager or his/her designee(s) is authorized to promulgate all regulations necessary to implement the requirements and fulfill the purposes and policies of this chapter, including but not limited to enforcement, background checks for applicants, approval and enforcement of a commercial cannabis activity security plan, including audio and video recordings of operations, and verification of compliance.

B. Every commercial cannabis activity shall have a security plan approved by the chief of police or designee prior to issuance of a city commercial cannabis operator permit.

C. Hours of Operation.

1. Retail Storefront. Retail storefront commercial cannabis business shall not operate between the hours of eight p.m. and nine a.m.

EXHIBIT A

2. Retail Non-Storefront (Delivery Services). Retail non-storefront (delivery services) commercial cannabis business shall not operate between the hours of ten p.m. and six a.m.

3. Commercial Other than Retail. All commercial cannabis activity other than retail is prohibited between the hours of ten p.m. and seven a.m. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.260 Limitations on city’s liability.

The city shall not be liable for issuing, or failing or refusing to issue, suspending, revoking or failing to renew a commercial cannabis operator permit pursuant to this chapter or otherwise approving or disapproving the operation of any commercial cannabis business pursuant to this chapter. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.270 Fees deemed debt to city.

The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the city of San Luis Obispo that is recoverable in any court of competent jurisdiction. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.280 Violation and penalties.

A. Misdemeanor. Each violation of the provisions of this chapter shall be a misdemeanor and is punishable as provided in Section 1.12.030; provided, that where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Any violation of the provisions of this chapter by any person is also subject to administrative fines as provided in Chapter

1.24. B. Infraction Violation. Where the city attorney determines that, in the interest of justice, a violation of this chapter is an infraction, such infraction is punishable by a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars for each additional infraction violation of the same provision within one year.

C. The fine amounts set forth above may be modified, from time to time, by city council resolution. In no event shall such fine amounts exceed the amounts authorized by state law.

D. If the city of San Luis Obispo finds, based on substantial record evidence, that any person has engaged in commercial cannabis activity in violation of this chapter, the city shall fine that person as follows: Each day that person without a commercial cannabis operator permit offers cannabis or cannabis products for sale or exchange shall constitute a separate violation and assessed a fine in accordance with Sections 1.12.080 and

1.24.070(A).

EXHIBIT A
E. Each person committing, causing, or maintaining a violation of this chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.

F. The violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest. Any public nuisance under this chapter may, at the city’s discretion, be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance. The city shall also be entitled to recover its full reasonable costs of abatement. The prevailing party in any proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding if the city has elected at the initiation of that individual action or proceeding to seek recovery of its own attorneys’ fees.

G. In lieu of issuing a criminal citation, the city may issue an administrative citation to any person responsible for committing, causing or maintaining a violation of this chapter.

Nothing in this section shall preclude the city from also issuing a citation upon the occurrence of the same offense on a separate day.

H. The remedies set forth in this chapter are cumulative and in addition to any and all other remedies available at law or equity, whether set forth elsewhere in the San Luis Obispo Municipal Code, or in state or federal laws, regulations, or case law. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including but not limited to administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (Ord. 1647 § 4 (Exh. A (part)), 2018)

9.10.290 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter or the rules adopted hereby. The city council of the city of San Luis Obispo hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. (Ord. 1647 § 4 (Exh. A (part)), 2018)

R _____
RESOLUTION NO. ______ (2023 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, APPROVING AN UPDATE TO THE CANNABIS

OPERATOR PERMIT RANKING CRITERIA
WHEREAS, On November 27, 2018, the City Council of the City of San Luis Obispo adopted Resolution No. 10966 (2018 Series) establishing the Cannabis Operator Permit Ranking Criteria and annual application submittal period; and WHEREAS, On December 3, 2019, the City Council of the City of San Luis Obispo adopted Resolution No. 11067 (2019 Series) amending the Cannabis Operator Permit Ranking Criteria based on administrative experience reviewing and ranking applications; and
WHEREAS, On October 18, 2022, the City Council of the City of San Luis Obispo adopted Resolution No. 11370 (2022 Series) amending the ranking criteria for retail storefront applications clarifying points awarded for specific criterium; and WHEREAS, the City intends to open a new application period in summer 2023 for the third and final retail storefront permit, and specific ranking criteria need updating to clarify submittal requirements and points awarded to ensure fair evaluation and ranking of commercial cannabis operator permit applications.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Findings.

1. The proposed Cannabis Operator Permit Ranking Criteria (Exhibit A) establishes the ranking criteria to review and, in the case of retail and cultivation businesses, rank applications consistent with Municipal Code Section

9.10.070.

SECTION 2. Environmental Review. The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report because the action does not constitute a “Project” under CEQA Guidelines Section 15378. The adoption of the updated Cannabis Operator Permit Ranking Criteria is an administrative activity of a government agency that will not result in direct or indirect physical impact on the environment. The City’s cannabis business regulations require discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. Future applications for commercial cannabis business activities in the City will be subject to the CEQA review, per the normal environmental review process.

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SECTION 3. Action. The City Council hereby approves the amended Cannabis Operator Permit Ranking Criteria as outlined in Exhibit A subject to the following conditions:

1. This resolution supersedes Resolution No. 11370 (2022 Series) to the extent inconsistent herewith.

Upon motion of Council Member ____________, seconded by Council Member _____________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this ______ day of ___________, 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

Resolution No. ______ (2023 Series) Page 3
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EXHIBIT A

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Resolution No. ______ (2023 Series) Page 5
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Resolution No. ______ (2023 Series) Page 6
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RESOLUTION NO. PC-1074-2023

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY

COUNCIL INTRODUCE AND ADOPT AN ORDINANCE EXPANDING
THE CANNABIS BUSINESS OVERLAY ZONES (RZ-0118-2023)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California on April 12, 2023, for the purpose of reviewing and making a recommendation to the City Council of San Luis Obispo to amend the Zoning Map for the Cannabis Business Overlay Zones; and
WHEREAS, notices of said public hearing were made at the time and in the manner as required by law; and
WHEREAS, the Planning Commission has duly considered all evidence presented by City staff and public commentors at said hearing.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Findings. Based upon all the evidence presented, the Planning Commission makes the following findings:
a) The amendment to the City’s Zoning Map expanding the Cannabis Business Overlay Zones to include the Fiero Lane – Clarion Court Area and the East Airport Area intends to provide more locations that may be appropriate for commercial cannabis activities to occur, as detailed in Chapter 17.86 and Chapter 9.10 of the Municipal Code.

SECTION 2. Environmental Review. The recommended actions were reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines. The recommended actions are determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The expansion of the Cannabis Business Overlay Zones will not have a significant effect on the environment because the expansion does not alter the underlying base Zones land use types or development standards for those land use types. Project specific environmental review will be required for any new commercial cannabis operation located within the East Airport Area and Fiero Lane – Clarion Court Area as part of the City’s existing permitting processes.

SECTION 3. Recommended actions. The Planning Commission does hereby recommend the City Council:

Resolution No. PC-1074-2023
Citywide

1) Introduce and adopt an Ordinance amending the Zoning Map to expand the Cannabis Business Overlay Zones to include the East Airport Area and Fiero Lane – Clarion Court Areas shown in Exhibit A.

On motion by Commissioner Kahn, seconded by Commissioner Ringer, and on the following roll call vote:

AYES: Commissioners Houghton, Jorgensen, Kahn, Ringer, Tolle, Vice Chair Cooley, and Chair Munoz-Morris
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was adopted this 12th day of April, 2023. ___________________________
Tyler Corey, Secretary
Planning Commission

Resolution No. PC-1074-2023
Citywide

EXHIBIT A
ORDINANCE NO. _____ (2023 SERIES)

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 ESTABNLISHED IN THE CITY’S MUNICIPAL CODE (RZ-0118-2023)
WHEREAS, on September 18, 2018, the City Council of San Luis Obispo amended the zoning map and designated areas of the City as Cannabis Business Overlay Zones where commercial cannabis activities may be located and allowed or conditionally allowed by the underlying base Zones; and
WHEREAS, on November 19, 2019, the City Council of the City of San Luis Obispo approved the annexation of the properties along Fiero Lane and Clarion Court to the City of San Luis Obispo; and
WHEREAS, on March 7, 2020, the City Council of the City of San Luis Obispo approved the annexation of the East Airport Area Properties (East Airport Commerce Park Association, Senn-Glick) to the City of San Luis Obispo; and WHEREAS, overlay Zones supplement the base Zones and are used to establish special use or development regulations for a particular area in addition to the provisions of the underlying base Zones; and
WHEREAS, the expansion of the Cannabis Business Overlay Zones provides more locations that may be appropriate for a variety of commercial cannabis activities to occur in the City; and
WHEREAS, the location of commercial cannabis activities within the Cannabis Business Overlay Zones are subject to issuance of a land use permit, which is a process that provides notification for neighboring property owners, businesses, and residents; and ensures compatibility of uses through the imposition of conditions of approval; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on April 12, 2023 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering amending the zoning map to expand the Cannabis Business Overlay Zones and making a recommendation to the City Council regarding such an amendment.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

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Citywide

SECTION 1. Finding. The expansion of the Cannabis Business Overlay Zones intends to provide more locations that may be appropriate for commercial cannabis activities to occur, as detailed in Chapter 9.10 and Chapter 17.86 of the City’s Municipal Code.

SECTION 2. Environmental Review. The proposed expansion of the Cannabis Business Overlay Zones to include the Fiero Lane – Clarion Court Area and the East Airport Area was reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines. The proposed expansion is determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The expansion of the Cannabis Business Overlay Zones will not have a significant effect on the environment because the expansion does not alter the underlying base Zones land use types or development standards for those land use types. Project specific environmental review will be required for any new commercial cannabis operation located within the Fiero Lane – Clarion Court Area and the East Airport Area as part of the City’s existing permitting processes.

SECTION 3. Action. The City Council hereby adopts an ordinance amending the City’s Zoning Map designating properties that will be included in the Cannabis Business Overlay Zones in nine separate areas of the City as depicted in Exhibit A which is incorporated herein by reference.

SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalid or unenforceability shall not affect the validity or enforcement of the remaining provisions of this Ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

SECTION 4. Ordinance Number 1653 (2018 Series) is hereby repealed and replaced.

SECTION 5. A summary of this ordinance, together with the names of the Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the 2nd day of May, 2023, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ______, 2023, on the following vote:

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AYES:

NOES:

ABSENT:
___________________________
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

Resolution No. PC-1074-2023
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EXHIBIT A

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Item 8b
Department: Administration
Cost Center: 1001
For Agenda of: 5/2/2023
Placement: Business
Estimated Time: 45 minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Whitney Szentesi, Public Communications Manager SUBJECT: ENDORSEMENT OF THE DIVERSITY, EQUITY, AND INCLUSION

UPDATE TO THE PUBLIC ENGAGEMENT AND NOTICING MANUAL

RECOMMENDATION
Endorse the updated Public Engagement and Noticing (PEN) Manual to serve as a strategic guide for staff to increase diverse participation in City programs, projects and policy decisions.

POLICY CONTEXT
The City of San Luis Obispo is committed to integrating diversity, equity, and inclusion (DEI) into its operations and delivery of community services as part of its efforts to make San Luis Obispo a more welcoming place for all1. The proposed DEI updates to the PEN Manual are intended to help further that goal. The update is also intended to ensure that the PEN Manual is consistent with City policies and work, including but not limited to the adopted Climate Action and Safety Element of the City's General Plan.

The City’s Mission Statement includes community involvement at its core and strives to provide opportunities for all persons to participate in attaining the goals of the city.

Furthermore, it speaks to providing persons with accurate and timely information on issues that affect them and encouraging the full use of City services.

REPORT-IN-BRIEF
The updated PEN Manual is a 22-page guide designed to help City staff and officials think about and implement the best approach to encouraging active and diverse public participation in City projects, programs, and policy decisions. It defines public engagement and outlines benefits, principles, and challenges to encourage diverse public participation.

1 The City of San Luis Obispo’s Vision Statement: The City of San Luis Obispo is a dynamic community embracing its future while respecting its past with core values of civility, sustainability, diversity, inclusivity, regionalism, partnership, and resiliency. www.slocity.org/Goals

Item 8b
The manual also outlines five key steps to successful public engagement planning, each with its own prompts, tools, and questions to consider:

1. Understand the current situation.

2. Define audiences – who are impacted or interested?

3. Identify the appropriate level of engagement.

4. Develop an action plan.

5. Review and evaluate public engagement efforts.

The updated manual’s audience section offers new information related to underserved or underrepresented communities in San Luis Obispo, Census data, community partners by interest area, hard-to-reach community members, and people with communications disabilities.

Sections three and four focus on a
spectrum of public engagement,
with three distinct levels: Inform,
Consult and Collaborate. By
helping staff identify the
appropriate level of engagement
and the tools that they are
expected to use for each level of
engagement, this manual will
ensure that the City’s public
engagement efforts are appropriate for the situation and consistent from project to project.

1. "Inform" focuses primarily on one-way communication from the City to community members to inform them about a public project, event, or upcoming meeting.

2. “Consult” focuses on two-way communication and generally includes instances where local officials ask for the individual views or recommendations of community members about proposed public actions and decisions that have been identified or the scope is limited due to previous Council direction (e.g., study session) or other regulations.

3. “Collaborate” is characterized by two-way communication and refers to openended processes through which impacted or interested community members receive or provide new ideas on the topic at hand and feedback to decisionmakers.

Finally, the updated PEN Manual provides information on how to measure the success of any engagement plan and encourages staff to review and re-evaluate their engagement efforts as a project/program unfolds and after implementation of an engagement plan.

DISCUSSION

Item 8b
Background
The City of San Luis Obispo’s current PEN Manual is a strategic guide for City staff to use when they are working on City projects and policy initiatives. City Council first endorsed the PEN Manual in 2015 to bring consistency to how the City engages and notifies the public about issues that impact and benefit them.

The first iteration of the manual was also designed to help set community expectations for public engagement and noticing. Since then, this manual has been recognized as a national model for other cities to replicate when engaging the public and was given the Platinum Public Engagement Award from the Davenport Institute for Public Engagement and Civic Leadership at the Pepperdine School of Public Policy.

Also, since 2015, there has been a global pandemic and other social changes that forever shifted expectations of public engagement even at the local level. In addition, the City has seen community engagement increase dramatically over the last eight years, as evidenced by the growing number of website pageviews, social media presence, survey respondents, and more. Since 2015, the City’s website pageviews have increased by 77% (1.2 million in 2015 to 2.2 million in 2022), over 22,000 people have visited Open City Hall since the City began using it in 2015, and the City’s social media content has been shown over 49 million times since first launching the City’s Facebook page in 2019.

SLOCity.org Website Pageviews Over Time
City Social Media Content Impressions Over Time

Item 8b
In response to the City’s commitment to making San Luis Obispo a more welcoming and inclusive place for all, the City is focused on developing programs and policies to support diversity, equity, and inclusion initiatives and advance the recommendations of the DEI Task Force. As part of the 2021-23 Financial Plan, City Council adopted Diversity, Equity, and Inclusion as a Major City Goal. This PEN Manual update helps achieve the City’s Major City Goal Strategy 2.7: “Access, Inclusion, Support for Underrepresented Communities,” which identifies the following goals:

1. Increase and diversify the community members who understand, navigate, feel connected to, and actively participate in the systems essential to creating meaningful improvements in the City.

2. Sponsor public art and cultural activities that center the history, experiences, and contributions of the City’s historically marginalized populations.

3. Increase understanding of the needs and ways to support undocumented residents.

4. Enlist efforts to ensure they know they are eligible for and how to receive City services.

By adding DEI updates to the PEN Manual, City staff will have greater success engaging with and reaching more diverse groups that may not have felt comfortable engaging with the City, which in theory advances City programs, projects, and policies by better incorporating diverse voices, ideas, and interests. These updates to the PEN Manual will also help City staff provide equitable opportunities for community partners to participate and help shape City programs, projects, and decisions.

Brief Summary of Updates
After consulting staff, the Human Relations Commission, and community members, including DEI partners and engagement experts, the following changes were made to the PEN Manual:
 Added a clear definition of public engagement as well as a list of benefits, principles, and challenges staff may face when trying to increase diverse participation.
 Added a step-by-step approach to developing a public engagement plan for any project or policy decision to ensure consideration of underserved or underrepresented groups. There are five defined steps: (1) Understand the Situation, (2) Define the Audience, (3) Identify the Level of Engagement, (4) Develop Action Plan, and (5) Review and Evaluate.
 Added new population and demographic information and additional groups/audiences to consider based on the City’s recent experience engaging underserved and underrepresented groups including contact information.

Item 8b
 Replaced the Engagement Matrix and Toolkit with a spectrum of engagement, an audience mapping tool, and an engagement toolbox for each objective and level of engagement, with an increased focus on equity through translation services and auxiliary aids and services.
 Separated the guide from contact lists, checklists and other tools that will likely need to change often, including a media list, editable workbook that can be customized for each situation, and survey best practices (including standardized demographic questions). These will be provided as part of an appendix for staff once the updated PEN Manual is finalized.

Next Steps
Should Council endorse the DEI updates to the City’s PEN Manual, staff will then focus on creating an appendix and training materials, including necessary templates, an editable workbook with checklists, survey best practices, meeting best practices, and more resources to ensure that the steps outlined in this manual are put into practice.

The City’s Public Communications Manager will also work with the Office of DEI to create a PEN Manual training plan for staff, which will include monthly information sessions held at various locations as well as individual team trainings. Staff also plan to develop public information materials to continue to help educate the community about various ways they can participate in the City’s decision-making processes as a part of the City’s ongoing communications efforts.

Previous Council or Advisory Body Action
A study session was held at a public meeting held by the City’s Human Relations Commission in January 2023, at which time staff presented the proposed changes to the manual and received feedback which has been incorporated into the draft manual.

Public Engagement
To inform the DEI updates to the PEN Manual, staff:
 Conducted a PEN Manual survey targeted to City staff to understand how it is currently being used.
 Conducted research to identify better practices that could be replicated here in San Luis Obispo to increase diverse participation.
 Conducted interviews with DEI partners.
 Reached out to the International Association for Public Participation for public engagement best practices.
 Reached out to the Independent Living Resource Center for best practices for accessible meetings.
 Presented the draft manual at a study session held by the Human Relations Commission.
 Partnered with a group from the Cal Poly Journalism Department to conduct research on community members who are currently disengaged and how to best reach them.

Item 8b
All suggestions, comments and recommendations were, as appropriate and to the best of staff’s ability, incorporated into the document that is presented before Council and a draft of the updates was shared with the groups engaged in the update.

CONCURRENCE
This update to the PEN Manual was created in partnership with the City’s Office of Diversity Equity and Inclusion. Every department was surveyed about the City’s 2015 PEN Manual. Department representatives provided input and feedback on this updated version.

FISCAL IMPACT
There is no direct fiscal impact associated with the endorsement of the DEI updates of to the PEN Manual. Some recommendations, such as the use of an interpreter or translator for a meeting or project, may have an additional cost which will need to be factored into corresponding budgets as needed. An individual line item for funding for these activities is not currently included in the 2023-25 Financial Plan recommendations. Rather, related costs are expected to be covered by allocated budgets. As additional tools become available, their merits will be evaluated and proposals will be made for funding, consistent with the City’s normal budget augmentation processes.

ALTERNATIVES

1. Direct staff on specific changes to the PEN Manual update. Staff can return at a later meeting to review and discuss changes. This is not recommended since the PEN Manual is not adopted by Resolution and may change over time without formal hearings.

2. Do not endorse PEN Manual update. This is not recommended because transparency, accountability and public engagement are core values of the organization.

ATTACHMENTS
A - Draft PEN Manual Update May 2023

1 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l INTRODUCTION............................................................................................................ 2 PRINCIPLES & CHALLENGES ...................................................................................... 4 GETTING STARTED – QUICK GUIDE........................................................................... 5 STEP 1: UNDERSTAND THE SITUATION..................................................................... 6 STEP 2: DEFINE YOUR AUDIENCE.............................................................................. 7 STEP 3: IDENTIFY LEVEL OF ENGAGEMENT........................................................... 15 STEP 4: DEVELOP ACTION PLAN.............................................................................. 18 Engagement Toolbox ..................................................................................... 19 STEP 5: REVIEW AND EVALUATE ............................................................................. 22

2 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Communities work best when residents, organizations, and institutions are engaged and working together for the good of all. San Luis Obispo is no exception. The people who live, work, and play here take enormous pride in this City and care deeply about keeping it healthy and vibrant.

Our City wants to accommodate different perspectives and encourage more residents to be informed and involved in shaping decisions. The City recognizes that participation in public policy decisions and public services, programs and projects is an important aspect of democracy.

Note that marketing of city services is generally managed department by department. For example, the Parks and Recreation Department enrolls residents in classes; the Utilities Department educates the community on water conservation; and SLO Fire Department follows up EMS calls with satisfaction surveys.

While there are elements of marketing in all communication outreach, we’re talking about something different here: improving communication efforts so people get involved in decisions on topics that affect them. Ensuring that community members know what’s going on and getting them involved in the process will help generate consensus decisions, enhance transparency, and foster greater trust.

The City seeks to offer community members tangible and impactful opportunities to participate, including setting priorities and shaping the future of San Luis Obispo, and thus the City intentionally invests in equitable community engagement.

The following pages are designed to make staff and officials think about the best approach to encourage active and diverse public participation. This guide outlines considerations and steps that staff can use as reference for engaging the public on a wide variety of issues.

Public Engagement, Defined
What is public engagement? According to the Institute for Local Government, public engagement is defined as the activities by which members of the public become more informed about and/or influence public decisions.
1 It usually includes a combination of providing access to relevant public information, gathering input, discussing, connecting, identifying, and providing choices, and allowing for deliberation on major public decisions.
1 Institute for Local Government, “What is Public Engagement & Why Should I Do It?”, Aug. 31, 2016

3 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Purpose of this Guide
The purpose of this guide is to help City employees:
• Develop a comprehensive, equitable, and consistent approach to public engagement and outreach.
• Provide opportunities to participate for impacted or interested marginalized groups. • Identify impacted or interested community members and create an engaged and representative group of involved community members.
• Determine the appropriate level of public engagement for each public policy decision, public project, or public program.
• Implement timelines and strategies that fit individual projects and ensure the public has access to accurate and relevant public information.
• Understand how public engagement efforts can be measured. • Streamline the processes of public engagement both internally and externally.

Benefits of Public Engagement
Engaging diverse communities on public projects, policy decisions or changes, or public programs can help City staff in a variety of ways. Some of the benefits include:
• Solutions that best meet the public's needs,
• Fewer project delays caused by needing to rework solutions late in the process or unforeseen controversy,
• Increased support for solutions,
• Less chance of going over budget because the solutions were not acceptable to the public or the project team missed something the public cared about, and • Increased trust.

The City of San Luis Obispo expects City staff to use this manual as a guide for developing public engagement plans for everything from existing public services to new public projects, public policy decisions, significant public events, and more.

4 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l When developing your plan, keep in mind the following principles and potential challenges:

Plan Ahead and Follow Up. It’s important for
staff to spend time developing an engagement
plan before decisions are made and to follow up
once key decisions are made. Give yourself time
to prepare the plan, get input and feedback, and
implement the plan. Give community members
adequate time to be informed, educated, and
interested. Likewise, after a decision is made, be
sure to do the appropriate follow up to close the
loop with key impacted or interested community
members, partners, and anyone you engaged
throughout the process. If you don’t follow up,
participants may feel that their contribution was
ignored or pointless and may not engage with the
City again. This doesn’t mean that feedback is
automatically implemented, but you must
communicate why or why not and how. For
example, if you posted a survey to Open City
Hall, be sure to post the outcome there once it is
known. If you posted a news item to slocity.org,
follow up with a news item about the decision.

Do it Right, Not Rushed. Focus on striking a
balance between what is fair and what is fast. We
may have deadlines we need to reach, and it’s
important to consider those deadlines as you
engage the community. But it’s more important to
think about how you can involve the right people
at the right time and get meaningful feedback or
input. Take your time and be thoughtful in your
approach. It is imperative to engage anyone who
may be connected to the project or item, and
specifically to engage the people most affected
by a decision (i.e., a change in the hours at the
pool may not be a large-scale issue but is of keen
interest to swimmers). Activities should include
demographic surveys/questions to determine if
participants are representative of the
demographic makeup of San Luis Obispo. No
one likes to be surprised by a change or given
short notice. Start early and keep in touch.

Cultivate Community Connections. The City
government cannot solve every issue on its own.

We need an engaged community to work with us
to solve complex problems. That requires
relationship-building and trust. Whether you’d like
a more diverse audience to attend your event,
more meaningful input, more productive
feedback, or new ideas, you cannot do it alone.

Cultivate relationships with different community
members, community-based organizations,
nonprofit groups, and City staff and officials. Ask
them for their help getting the word out. Shift the
question from “what do you want?” to “what would
you do?” and, ultimately, “what should we do,
together?” This takes the public out of the role of
an individualistic consumer of public services to
being part of a team effort to address problems.

Focus on Quality, Not Just Quantity.

Some groups face barriers that can make
establishing relationships or communicating with
them more challenging such as language barriers
and literacy, and access to technology issues.

Place a high value on comprehensive
engagement. Extra consideration is needed to
ensure that there is equitable access to
information for all impacted or interested
community members. Reach out to nonprofits,
businesses, faith-based or spiritual organizations,
and other groups and work with them to help you
engage hard-to-reach groups. At the same time,
we know the City has limited resources. Time,
staffing resources, financial resources, and
community interest are all limited. Rather than
trying to do it all, focus on actions that will help
you solve the problem and focus on getting
productive, quality feedback or ideas from a
diverse group of people or communities who are
impacted by the decision. Give your project the
attention it requires and equitably incorporate
diverse people, voices, ideas, and information to
help lay the groundwork for quality outcome.

5 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Step 1: Understand the Current Situation
Before you can develop a successful public engagement plan, it’s important to fully understand the situation. This requires some research and analysis. This is not the time to develop tactics for your engagement plan. Rather, this is the time to focus solely on the facts related to the problem you are trying to solve or opportunity you are working to seize. If you don’t understand the problem or the opportunity, you will not be able to explain it to someone else. This is your chance to fully understand the issue at hand and lay the groundwork for a successful public engagement plan.

Step 2: Define Audiences – Who are impacted or interested? It’s important to identify who has an interest, in a particular issue, decision or outcome before you can develop a successful public engagement plan. This includes people who will benefit from the decision, people who could be negatively impacted, and those who are simply interested in the topic. This also includes people within the City organization as well as community members and community-based organizations. Likewise, it’s important to identify who will make the formal decisions for this topic, issue, or project. Some decisions will be made at the staff level, by Department Heads, by Advisory Bodies, or by City Council. Identifying the impacted or interested community members and decisionmakers early on will help you avoid false expectations and identify the appropriate level of public engagement needed. Also, consider leaning on fellow City staff who already have strong connections with community-based organizations.

Step 3: Identify the Appropriate Level of Public Engagement Determining the accurate level of engagement is the foundation for your entire plan. Once you have a better understanding of the current situation and your well-defined audiences, now it’s important to identify the appropriate level of engagement that is needed. Public engagement does not mean inviting as many people as possible or making a new project profile on every social media platform. Sometimes one event and posting to the City’s primary social media accounts is sufficient, other times you’ll need several or you will need to create spaces that respond directly to cultural, and language needs to develop an appropriate level of engagement. This guide has tools that can help you determine the appropriate level of engagement depending on both the decisionmakers and the impacted or interested community members. The level of public engagement can range from keeping the public informed to involving the public’s participation in the decision-making process. Involving the public early and at the appropriate level can lead to better decisions and helps create community buy-in.

Step 4: Develop Engagement Plan, Including Any Follow-Up Now that you understand the situation, have defined your audiences, and have identified the appropriate level of engagement, you can develop your action plan. For this, you will need to identify resources, outreach tools, and deadlines. Each task in the action plan should start with a verb. Consider making your plan and timeline available to the public for awareness. For example, “Host 3 focus groups; or “Develop a project landing page on the website.” Step 5: Review and Evaluate
Take the time to evaluate your plan during and after implementation. We are all busy, which means evaluation can get overlooked in the rush to the next assignment or project. However, evaluating what worked - and what didn’t work - can lead to future successes.

6 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Before you can develop a successful public engagement plan, it’s important to fully understand the situation. This requires some research and analysis. This is not the time to develop tactics for your engagement plan. Rather, this is the time to focus solely on the facts related to the problem you are trying to solve or opportunity you are working to seize. If you don’t understand the problem or the opportunity, you will not be able to explain it to someone else. This is your chance to fully understand the issue at hand and lay the groundwork for a successful public engagement plan.

A successful public engagement plan will help you determine how a specific course of action will solve a well-defined problem or seize a well-defined opportunity. This is your chance to define that problem or opportunity. Ask yourself the following questions. Note: Staff members do not have to answer all these questions. Rather, the questions are to get staff member to be thinking about the big picture and whole situation. Staff can use the provided workbook to describe the current situation.
• What is the problem we are trying to
solve?
• What are your objectives or goals for this
project?
• How might you measure the success of
engagement? (See: Step 5 – Review and
Evaluate for suggestions)
• What is the action, program, project or
policy you need to communicate?
• How significantly will this item affect
people?
• Who will make the final decision on this
item? Is it a staff decision? Is it subject to
advisory body review? Will City Council
ultimately receive the item for action?
• What history or past actions has led up to
this issue? What has the City done in the
past? Who has the City engaged on this
topic in the past?
• How are different groups impacted? Is
there quantitative data to demonstrate
impacts or benefits?
• What resources are available? How
much time and money are available?
• Do you have a team to help you, and, if
so, what are their roles?
• What does success look like?
• When does outreach need to happen? Is
there a current project timeline? Are
there milestones or deadlines that need
to be met?
• Are there barriers to participation? What
are they?
• What group(s) will be the most impacted
by this?
• How will underrepresented community
members be affected? (Such as but not
limited to BIPOC, low-income, disabled,
elderly, non-English speakers, families
with young children, students, unhoused,
and LGBTQIA+.)
• How does work already being done help
to address community concerns?
• Who/how will data gathered be input,
analyzed, or summarized?
• Are there local, state or federal laws or
regulations you need to consider?
• Are there any City staff members or City
teams outside of the direct project team
who might be impacted by the decision or
might have connections with communitybased organizations that will be impacted?
• Are there potential financial or economic
impacts, positive or negative to the City?
• What might go wrong? How might your
approach mitigate for challenges?
• What are you hoping to achieve through
improved communications?
• What are the desired outcomes? How will
you measure your success?

7 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l It’s important to identify who has an interest, in a particular issue, decision or outcome before you can develop a successful public engagement plan. This includes people who will benefit from the decision, people who could be negatively impacted, and those who are simply interested in the topic. This also includes people within the City organization as well as community members and community-based organizations.

Likewise, it’s important to identify who will make the formal decisions for this topic, issue, or project. Some decisions will be made at the staff level, by Department Heads, by Advisory Bodies, or by City Council. Identifying the impacted or interested community members and decisionmakers early on will help you avoid false expectations and identify the appropriate level of public engagement needed. Also, consider leaning on fellow City staff who already have strong connections with community-based organizations.

Much of your success in engaging the public will be based on your understanding of the audiences. It’s important to clearly define your audiences to ensure that you can ultimately solve the problem or seize the opportunity. When defining audiences, consider historical context and how such audiences or community groups are now reclaiming their own identities and definitions.

Note: Please reach out to the Office of Diversity, Equity, and Inclusion if you have questions about identities or definitions.

You will likely have more than one audience. It’s a good practice to identify at least three target audiences and define those groups as best as you can. Depending on the complexity of the issue, you may find that you have more than three specific target audiences. Think about both internal staff and external impacted or interested community members2. Also include the decisionmakers as part of your specific target audiences. In your engagement plan, use a brief paragraph to describe each well-defined audience.

Pay particular attention to underserved/underrepresented groups who are traditionally harder to reach and engage with but who are still impacted by certain decisions, such as Black, Indigenous, 2 Community members include people who live here, people who go to school here, people who work here, or people who play here (or any combination of the three).

8 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l and people of color (BIPOC) community members, low-income, elderly, those with disabilities, nonEnglish speakers, families with young children, students, unhoused, and our LGBTQIA+ community members.

For many underrepresented/underserved community members, providing feedback is often challenging due to language barriers, financial constraints, and time constraints and the need to work, transportation issues, and a lack of childcare. Consider incentivizing their participation by providing non-traditional accommodations that will enable them to participate such as extended hours for feedback, interpretation services, and other incentives such as childcare, food if the meeting is during a typical meal time (breakfast, lunch, dinner).

To start, ask yourself the following questions.

1. Who will be impacted positively or negatively? Consider geography (those who live, work or play nearby); consider financial impact (those who might not be able to afford the changes). Consider those who have the most to lose or the most to gain by the decision or outcome.

2. Who NEEDS to know about this? Consider if there is a legal requirement or if there are groups with an imperative interest or who have significant influence. Consider whose life or schedule stands to be altered by an aspect of this issue or project.

3. Who can or will contribute to this conversation? Consider the interested parties, the experts, outside sources that discuss this same topic, voices with historical knowledge and understanding, etc. Consider who already knows about this issue and is interested.

4. Who or what is missing? Consider what obstacles might be preventing them from engaging on this topic. Each impacted or interested community members list should consider:
o Experts and professionals
o Clubs and community groups
o Personal interest groups
o Underserved/underrepresented populations

5. Who may not be in favor this project? Consider groups or individuals who will dislike the idea or be extremely impacted by the decision.

6. Who could improve this project? Consider people with unique perspectives or relevant personal experience. For example, people whose kids attend a local school have experiencing traveling on nearby roads at peak times.

UNDERSERVED/UNDERREPRESENTED COMMUNITIES IN SAN LUIS OBISPO The San Luis Obispo Council of Governments (SLOCOG) has defined underserved communities as disproportionately burdened areas in the region that are economically distressed and/or historically underrepresented as a part of the local government process. As noted in the City's Climate Adaptation and Safety Element of the General Plan, there are 13 variables that address a wide range of socioeconomic and population-based factors to geographically define areas. The 13 variables are:
• Racial Minority
• Ethnic Minority
• Disability Status
• Household Income
• Free or Reduced-Price Meals
• Educational Attainment
• Language Proficiency

9 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l • Renter Affordability
• Housing Ownership Affordability
• Older Adults: Age 75 Years and Older
• Youth: Age 15 Years and Under
• Households with No Vehicle Available
• Households with No Computing Device Available
A detailed and interactive map of these locations can be found on SLOCOG’s website at https://slocog.org/programs/data-services/gis-mapping/disadvantaged-communities.

GROUPS BY INTEREST AREA
Certain topics interest everyone, regardless of an individual’s ability, language, or background.

Therefore, it’s important to make sure you engage diverse audiences and understand the barriers of engagement for traditionally underserved or underrepresented communities. Below are examples of topics or interests and potential impacted or interested community members who can be engaged for each based on the specific City policy or project. Note: This is not a comprehensive list. For a complete and up-to-date list including media contacts, please contact the City’s Public Communications Program at [email protected].

Access & Parking: Neighborhood
groups, Cal Poly students, business
owners and managers, property owners,
people with disabilities, people who work
in SLO but don’t live here, people who
visit SLO, people who use alternative
modes of transportation than cars,
nearby schools, Promotores
Collaborative of San Luis Obispo, SLO
County Undocusupport, NAACP SLO,
Northern Chumash Tribal Council,
R.A.C.E. Matters SLO, GALA Pride and
Diversity Center, San Luis Coastal
Unified School District under Education, CAPSLO, Salinan Tribe of SLO and Monterey Counties, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, SLO Health Access, The Link Family Resource Center, United Way of SLO County, Building a Better SLO.

Arts & Culture: SLO County Arts Council, SLO Rep, SLO Museum of Art, SLO Symphony, SLO Wind Orchestra, Opera San Luis Obispo, SLO Vocal Arts Ensemble, Festival Mozaic, Conzona Women’s Ensemble, Foundation for the Performing Arts Center, dance groups, Orchestra Novo, Central Coast Youth Chorus, Central Coast Follies, Cal Poly Black Academic Excellence Center, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash Tribal Council, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Salinan Tribe of SLO and Monterey Counties, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs &

10 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Services, UCP of SLO, SLO Health Access, The Link Family Resource Center, faith-based organizations, United Way Youth Board.

Business, Commerce, Economy: SLO Chamber of Commerce, REACH, Cal Poly Center for Innovation & Entrepreneurship, Downtown SLO, real estate associations, merchant groups, tourism interests, local chapter of American Institute of Architects, Cuesta College Business & Entrepreneurship Center, MCSC Women's Business Center, Cal Poly Black Academic Excellence Center, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Salinan Tribe of SLO and Monterey Counties, 805 La Voz Facebook group, SLO U40, YPNG, SLO Climate Coalition.

Child Care and Education: Big Brothers Big Sisters of SLO County participants, California Conservation Corps, CAPSLO, SLO Parks and Recreation Youth Services participants, SLO Chamber of Commerce, REACH, SLO County Office of Education, San Luis Coastal Unified School District, Local PTAs, Cal Poly, Cuesta College, Literacy for Life, Laurus College, charter schools, private schools, Children’s Museum, Cal Poly Black Academic Excellence Center, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash Tribal Council, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Promotores Collaborative of San Luis Obispo, SLO County Undocusupport, CAPSLO, faith-based organizations, 805 La Voz Facebook group, United Way of SLO County, United Way Youth Board.

Environment: EcoSLO, SLO Climate Coalition, SLO Environmental Justice Alliance, Central Coast Outdoors, California Conservation Corps, Bike SLO County, SLOCOG, SLO RTA, SLO Transit, Rideshare, Active Transportation Committee, SLO Bicycle Club, SLO Car Free, Sea Otter Savvy, The Beaver Brigade, The Land Conservancy, Central Coast State Parks Association, Visit SLO, SLOCal, Pacific Wildlife Care, One Cool Earth, SLO Green Build, Earth Day Coalition, Sierra Club Santa Lucia Chapter, Northern Chumash Tribal Council, Salinan Tribe of SLO and Monterey Counties, Independent Living Resource Center, PathPoint SLO

11 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, SLO Health Access, The Link Family Resource Center, SLO U40, YPNG, Building a Better SLO.

Housing & Development: Neighborhood groups, Property owners, Developers RoundTable, local surveyors and engineers associations, Home Builders Association of the Central Coast, Operation Webs, local chapter of American Institute of Architects, Peoples Self-Help Housing, HASLO, SLO Green Build, Cal Poly Black Academic Excellence Center, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Promotores Collaborative of San Luis Obispo, SLO County Undocusupport, San Luis Coastal Unified School District, CAPSLO, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, SLO Health Access, The Link Family Resource Center, SLO Housing Facebook group, 805 La Voz Facebook group, SLO U40, YPNG, United Way of SLO County, Build a Better SLO.

Homelessness: CAPSLO’s 40 Prado Homeless Services Center, ECHO (El Camino Homeless Organization), 5Cities Homeless Coalition, County of San Luis Obispo Homeless Division, People’s Self-Help Housing, Restorative Partners, Family Care Network, SLO County Sheriff’s Office, District Attorney’s Office, Fire Safe Council, Services Affirming Family Empowerment (SAFE), Center for Family Strengthening, Cal Poly Black Academic Excellence Center, SLO County Office of Education’s Health Management and Safety Committee, San Luis Coastal Unified School District, local private and charter schools, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Promotores Collaborative of San Luis Obispo, SLO County Undocusupport, 5Cities Homeless Coalition, County Homeless Services Division, faith-based organizations, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, SLO Health Access, The Link Family Resource Center.

Neighborhood: Neighborhood groups or other identified neighborhood areas, NextDoor, Student Community Liaison Committee, Homeowners Associations (owners & renters), Residents for Quality Neighborhoods, Save our Downtown, Alta Vista, Neighborhoods North of Foothill, Cal Poly Black Academic Excellence Center, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Promotores Collaborative of San Luis Obispo, SLO County Undocusupport, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, The Link Family Resource Center, Building a Better SLO.

Safety: SLO County Sheriff’s Office, District Attorney’s Office, Fire Safe Council, Services Affirming Family Empowerment (SAFE), Center for Family Strengthening, Cal Poly Black Academic Excellence Center, SLO County News and Public Safety (Facebook Group), SLO County Office of Education’s Health Management and Safety Committee, San Luis Coastal Unified School District, local private and charter schools, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Lumina Alliance, Latino Outreach

12 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Council, NAACP SLO, Northern Chumash, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Salinan Tribe of SLO and Monterey Counties, SLO County Undocusupport, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, SLO Health Access, The Link Family Resource Center, 805 La Voz Facebook group.

Recreation: Central Coast Concerned Mountain Bikers, Cal Poly Black Academic Excellence Center, Cal Poly Black Student Union, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Salinan Tribe of SLO and Monterey Counties, SLO County Undocusupport, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, SLO Health Access, Student Community Liaison Committee, The Link Family Resource Center, 805 La Voz Facebook group, SLO U40, YPNG, United Way Youth Board, Community Gardeners.

Transportation: Bike SLO County, SLOCOG, SLO RTA, SLO Transit riders, Rideshare, Active Transportation Committee, Student Community Liaison Committee, SLO Bicycle Club, SLO Car Free, Team Kman, Bovine Classic, Getting to School Safely, San Luis Coastal Unified School District, Cal Poly Multicultural Center, Cuesta Cultural Center, Latino Outreach Council, NAACP SLO, Northern Chumash, R.A.C.E. Matters SLO, GALA Pride and Diversity Center, Salinan Tribe of SLO and Monterey Counties, SLO County Undocusupport, Independent Living Resource Center, PathPoint SLO County, Cal Poly Disability Resource Center, Tri-Counties Regional Center, Cuesta College Disability Support Programs & Services, UCP of SLO, SLO Health Access, The Link Family Resource Center, 805 La Voz Facebook group, SLO U40, YPNG, Building a Better SLO, SLO Environmental Justice Alliance, SLO Climate Coalition.

UNDERSTANDING SAN LUIS OBISPO’S POPULATION
When identifying audiences and impacted or interested community members, it’s important to think about not only the issues but demographics. Each specific target audience will have different lived experiences and different interests, needs, desires, or preferences for communication. According to the US Census Bureau (2021),
there are 47,545 people in San Luis Obispo living in 19,035 households. Of those:
• Age Range:
o Age 17 and younger: 14.1%
o Age 18 to 64: 72.6%
o Age 65+: 13.3%
• Sex:
o 49.1% are female
o 50.1% are male
• Language:
o About 83% speak only English
o About 17% speak other languages (11% speak Spanish)
o 3.4% are veterans
• Disabilities: 5.6% are under age 65 and live with a disability; There are many types of disabilities which can restrict participation, such as those that affect a person’s:
o Vision
o Hearing

13 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l o Movement or the ability to get from one place to another o Thinking
o Remembering
o Learning
o Communicating
• Education:
o 94.9% high school graduate or higher
o 51.6% bachelor’s degree or higher
• Race and Ethnicity:
o 82.4% are white alone
o 33.2% are BIPOC (Non-White Race and Hispanic Origin)
▪ 18.5% Hispanic or Latino
▪ 7.2% two or more races
▪ 5.3% Asian/Asian American/Desi
▪ 1.6% Black or African American
▪ 0.4% Indigenous or native American
▪ 0.2% Native Hawaiian or Pacific Islander
• 1,942 employers
o 907 men-owned businesses
o 351 women-owned businesses
o 259 minority-owned businesses
o 1,333 nonminority-owned businesses
• 385 people are experiencing homelessness3
o 248 sheltered individuals
o 137 unsheltered individuals
• Income levels in SLO4
INCOME
GROUP

AFFORDABLE HOUSING INCOME LEVEL BY

NUMBER OF PERSONS IN HOUSEHOLD
1 2 3 4 5 6 7 8
Acutely
Low
$11,500 $13,100 $14,750 $16,400 $17,700 $19,000 $20,350 $21,650 Extremely
Low
$23,000 $26,250 $29,550 $32,800 $35,450 $38,050 $41,910 $46,630 Very low $38,300 $43,800 $49,250 $54,700 $59,100 $63,500 $67,850 $72,250 Low $61,250 $70,000 $78,750 $87,500 $94,500 $101,500 $108,500 $115,500 Median* $76,450 $87,350 $98,300 $109,200 $117,950 $126,650 $135,400 $144,150 Moderate* $91,750 $104,850 $117,950 $131,050 $141,550 $152,000 $162,500 $173,000 3 Source: San Luis Obispo County 2022 Point in Time Count, City of San Luis Obispo data 4 Updated July 2022, from CA State Department of Housing and Community Development official income limits. *Median and moderate income shown for reference only. This is not an official Affordable Housing Income Level.

14 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l

HARD-TO-REACH COMMUNITY MEMBERS
According to the U.S. Census Bureau, hard-to-reach populations are group with a real or perceived barrier to full and representative inclusion. This can include groups who are hard to locate because they prefer to remain private, hard to contact because they are highly mobile, hard to persuade because they lack a trust in government, or hard to interview because of communication or technology barriers. Traditionally hard-to-reach groups can include youth, people experiencing homelessness, Limited-English Proficient (LEP) speakers, low-income community members, people with disabilities, and the elderly. These groups may require an extra emphasis on establishing relationships. Likewise, an awareness of barriers people face is vital when creating a public engagement plan. These barriers should always be considered.

PEOPLE WITH COMMUNICATIONS DISABILITIES
People who have vision, hearing, or speech disabilities (“communication disabilities”) use different ways to communicate.
• For people who are blind, have vision loss, or are deaf-blind, this includes providing a qualified reader; information in large print, Braille, or electronically for use with a computer screen-reading program; or an audio recording of printed information. A “qualified” reader means someone who can read effectively, accurately, and impartially. • For people who are deaf, have hearing loss, or are deaf-blind, this includes providing a qualified notetaker; a qualified sign language interpreter, oral interpreter, cued-speech interpreter, or tactile interpreter; real-time captioning; written materials; or a printed script of a stock speech (such as given on a museum or historic house tour). A “qualified” interpreter means someone who can interpret effectively, accurately, and impartially, both receptively. • For people who have speech disabilities, this may include providing a qualified speech-tospeech transliterator (a person trained to recognize unclear speech and repeat it clearly), especially if the person will be speaking at length. In some situations, keeping paper and pencil on hand so the person can write out words that staff cannot understand or simply allowing more time to communicate with someone who uses a communication board or device may provide effective communication. Always listen attentively and don’t be afraid to ask the person to repeat a word or phrase.

Consult with the person who has a communication disability to discuss what auxiliary aid or service is appropriate. The City is required to give primary consideration to the choice of aid or service requested by the person who has a communication disability. The City must honor the person’s choice, unless another equally effective means of communication is available or that the use of the means chosen would result in an undue burden, which is defined as significant difficulty or expense considering all resources available to fund the project, program, service, or activity and the effect on other expenses or operations. A Department Head should make the decision that the person’s chosen aid or service would result in an undue burden and provide a written statement of the reasons for reaching that conclusion. Even if the choice expressed by the person with a disability would result in an undue burden, the City still has an obligation to provide an alternative aid or service that provides effective communication, if one is available. 5 Note: For a list of auxiliary aids and services, contact the City’s Public Communications Program at [email protected].
5 Source: U.S. Department of Justice Civil Rights Division, “ADA Requirements: Effective Communication,” Feb.28, 2020

15 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l

Now that you have identified your decisionmakers and impacted or interested community members, it’s time to identify the appropriate level of engagement needed for your project to be successful.

Think of engagement as a spectrum. Expectations, promises and effort will change with each level of the spectrum. For this guide, we are referencing the International Association for Public Participation (IAP2) Spectrum of Public Participation to assist with the selection of the level of participation that defines the public’s role in any public participation process: Inform, Consult, or Collaborate.

Deciding which tools to use depends on a variety of factors, including the overall impact, the level of interest, the decisionmakers and the resources available. This is where the Spectrum of Community Engagement and Impacted or interested community members Mapping tools below are essential. Use these tools to evaluate the level of impact and the group’s potential level of concern to identify your public engagement plan’s objectives, then prioritize your outreach and choose appropriate methods based on those objectives.

For example, if you are recommending changes to the Municipal Code or updates to Zoning regulations, consider the community's interest in the issue and people it impacts or benefits.

Insignificant administrative changes or changes that align our local Municipal Code with State and Federal law would probably fall under "Inform". However, if the changes are related to a hot topic or will have a significant impact or benefit (even if just on a few) or a broad impact or benefit on many, then it would maybe fall under the other categories.

16 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Public
Participation
Goal
Provide the public with
balanced and objective
information that will create
better understanding of the
problem, decision,
alternatives, opportunities, or
solutions.

Gather feedback on goals,
processes, shared metrics, or
strategies for change.

Partner with the impacted or
interested community
members in each aspect of the
decision, especially to develop
alternatives and identify the
preferred solution.

Promise to the
Public
We will keep you informed. We will keep you informed,
listen to and acknowledge your
concerns and aspirations, and
provide feedback on how
public input influenced the
decision.

We will keep you informed
about the problem or
opportunity; we will look to you
for creative and innovative
solutions and will incorporate
those ideas into
recommendations as much as
possible.

Decisionmaker City staff, Department Heads,
City Manager, Advisory
Bodies, or City Council
City Manager, Advisory
Bodies, or City Council
City Council
Example
Topics
City procedures or process
Existing programs and
services
Project updates
Construction impacts
New programs or services
Expanded or changing
programs, projects or services
Transportation, transit or
parking project, service, or
policy changes
General rate or fee increases
New land use or housing
policies
New laws
Major plans (e.g., General
Plan, homelessness, DEI,
economic dev., housing,
climate action)

17 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Use the mapping tool below to help you determine the level of engagement for each audience based on their level of interest and the level of impact the decision will have on their lives.

For example, if a group has a high interest in a topic, but it will have a low impact on their lives, you may want to focus on informing and consulting that group. Or if the group has a high interest in the topic and the decision will have a high impact on their lives, you may want to focus on all three levels of engagement throughout the duration of your project.

Note: This is not the only tool available to identify the appropriate level of engagement, but this tool can help you get started in conjunction with the spectrum tool on the previous page.

INFORM & CONSULT
+

INFORM & CONSULT
& COLLABORATE
+ +

INFORM INFORM & CONSULT
+

18 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Now that you understand your audiences and the level of engagement required, use tables on the next few pages to help you identify the best tools and resources needed for your engagement plan.

When developing your action plan:
• choose a mix of digital, print, and other informational materials; • consider collaborating with community partners such as nonprofits, faith-based and spiritual organizations, schools, and/or businesses to help with outreach; • choose a mix of in-person and online activities;
• create a timeline, budget, staff time implications (your department and other departments as applicable);
• identify diverse locations to hold meetings with target audiences in mind; • consider how you might make each stage or task accessible to everyone (Will you need translation or interpretation services? Is the location accessible to people with disabilities and is it easy to find (visible and easy to understand signage)? The next few pages provide an Engagement Toolbox with a list of tools that you can use depending on the level of engagement needed.

Some tools are expected, others are additional. It may take a few minutes to review the tools, but knowing what is available before you start will save you time and effort.

Use the following questions and review the Engagement Toolbox to choose appropriate tools that will help you achieve the best outcomes:

1. Does this satisfy the public’s expectations and needs?

2. Does this project have the resources (funds, time, staff, etc.) to properly execute the use of each tool?

3. Is each tool appropriate for the stage of the project?

19 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l INFORM
Regardless of who is the decisionmaker, what you do to successfully inform the public of your topic or item varies depending on the audience. This “inform” level of public engagement focuses primarily on one-way communication from the City to community members to inform them about a public project, event, or upcoming meeting. Below are the expectations for staff who need to inform the community, as well as additional information tools that are available, if needed.

EXPECTATION
• Post information on a highly visible place via department’s section of SLOcity.org • Share information via City News stories and email updates, in English and Spanish • Share information via social media, in English and Spanish • Present information to applicable advisory bodies, if needed • Share via key contacts and partner organizations
• Notify the public via legal notice, if required
(The City Clerk’s Office and City Attorney’s Office can assist with identifying whether legal notice is required and in preparing and submitting the notice for publication; the Community Development Department has its own notification standards for private development projects.)

ADDITIONAL TOOLS
Digital:
• Website landing page
• New section of slocity.org
• City news stories and news releases
• Events (community calendars)
• FAQs
• Regular internal email updates
• City email updates (subscribers)
• City Manager Report slide at Council
• Open City Hall Announcement Email
(to Open City Hall members)
• E-newsletters
• E-flyers/blasts
• Text message alerts (opt-in only)
• Social media (Facebook, Instagram,
Twitter, Nextdoor, YouTube, LinkedIn)
Direct mail:
• Postcards
• Letters
• Flyers
• Utility bill inserts
Special Events:
• Groundbreaking / ribbon cutting
• Speaking engagements (SLO Chamber
events, Rotary meetings, etc.)
• A booth at different events, including
Expos, Farmers Market, open houses,
• Webinars or information sessions
• Open houses or public facility tour
Signage:
• Digital signage in City facilities
• Door hangers
• Posters
• Flyers for community bulletin boards
• Billboards
• Small signs
• Interior signs
• Banners
Local news media:
• Media interviews
• Letters to the editor
• Guest articles/contributed stories

20 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l Paid ad campaigns:
• Social media ads
• Print ads
• Search engine ads
• Local news media ads
• Movie theater ads Podcast and radio ads

CONSULT
This “consult” level of public engagement focuses on two-way communication and generally includes instances where local officials ask for the individual views or recommendations of community members about proposed public actions and decisions that have been identified or the scope is limited due to previous Council direction (e.g., study session) or other regulations. Below are the expectations for staff who need to consult the community, and additional consultation tools that are available.

EXPECTATION
All tools listed in “Inform” expectations above, plus one or more of the following:
• Create a more formal Open City Hall topic with a poll, with a survey, formal feedback • Host a pop-up informational booth in affected or surrounding neighborhoods, if applicable • Present a study session at a relevant Advisory Body meeting or City Council meeting and note direction and public comment, if applicable
• Host listening sessions to get specific community concerns and understand expectations • Prepare an item/presentation for a public hearing (if legally required)

ADDITIONAL
Any additional tools listed in “Inform” above, plus:
• Present a study session at a City Council meeting and invite community groups to participate • Host listening sessions to get specific community concerns and understand expectations • Listening sessions
• Focus groups
• Special surveys (telephone survey, mailed survey)
• Neighborhood meetings or workshops, using feedback gathering technology

21 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l

COLLABORATE
Regardless of who is the decisionmaker, what you do to successfully collaborate with the public of your topic or item varies depending on the audience. This “collaborate” level of public engagement is characterized by two-way communication and refers to open-ended processes through which impacted or interested community members receive or provide new ideas on the topic at hand and feedback to decisionmakers. Below are the expectations for staff who need to collaborate with the community, as well as additional collaboration tools that are available, if needed.

EXPECTATION
All tools listed in “Inform” and “Consult” expectations above, plus one or more of the following:
• Create an Open City Hall topic with annotations or ideas • Present a study session at a City Council meeting and invite community groups to participate • Host focus groups with regular check-ins (before and after the decision is made) • Request to attend and gather ideas at community-based organization meetings and gatherings • Host community meetings or workshops, using feedback gathering technology

ADDITIONAL
Any additional tools listed in “Inform” above, plus:
• Community Ad-hoc Committee
• Community partnership agreements with community-based organizations • Request to attend community-based organization meetings and gatherings • Community forums with participant polling, using feedback gathering technology

22 | P u b l i c E n g a g e m e n t & N o t i c i n g M a n u a l You may need to adjust your engagement plan as you implement it. Evaluating the effectiveness of your public engagement plan will allow you to adapt and be flexible as you implement the plan. This may require changes to the overall project timeline, such as pushing back decision dates, creating additional informational or educational materials in response to confusion or erroneous rumors that have surfaced, scheduling more meetings with a community group to provide sufficient time to discuss the topics, adding time for a new group of impacted or interested community members not previously identified, or expanding the public engagement process because the level of impact is determined to be greater than previously expected.

Likewise, once you have completed your engagement efforts and are ready to either decide or recommend a decision, it’s important to report what you did, who you engaged and how, and whether you satisfied your objectives at the outset of the public engagement planning process.

Some questions to consider when evaluating your public engagement activities:
• What worked?
• What could have gone better?
• Did you reach your project’s goals or objectives? How do you know? • Did your engagement activity adhere to the expectations set out in this guide? • Were individuals and impacted or interested community members given adequate opportunity to participate in all aspects of the process? • Who wasn't at the table who should have been?
• What can be done to connect more effectively with and involve them next time? • Were the tools you chose most appropriate given your unique circumstances and constraints?
• Were the needs of persons with disabilities considered? • Did you allocate sufficient resources (time, human, and financial)? • Did you effectively record and analyze the input received? • Were participants provided with feedback regarding how their contribution was used? • Were participants generally satisfied with the engagement efforts? Were organizers? To measure success of your engagement plan, after the decision is made consider:
• Visibility/Reach. Can you quantify the number of opportunities provided to see or hear about the project? Can you quantify how many people it reached within your target audiences? How many people viewed your landing page or opened the news email? • Registrations/Surveys. How many people registered for or attended your outreach events? How many surveys were completed? How many active participants did you have?
• Questions, Comments, Complaints. Can you track the number of inquiries, comments, or complaints you got on your project? Was the overall sentiment positive, neutral, or negative?
See appendices: Rapid Review Worksheets for participants and City staff/officials to evaluate the effectiveness of the engagement.

Item 8c
Department: Administration
Cost Center: 1021
For Agenda of: 5/2/2023
Placement: Business
Estimated Time: 45 Minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
SUBJECT: AMENDMENTS TO THE COUNCIL POLICIES AND PROCEDURES

MANUAL TO IMPLEMENT HYBRID CITY COUNCIL MEETINGS (AB
2449)

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, establishing policies and procedures for compliance with Assembly Bill 2449 relating to teleconference participation in Legislative Meetings” which would implement hybrid City Council meetings.

POLICY CONTEXT
The Council Policies and Procedures Manual, last updated on April 19, 2022, outlines the meeting guidelines and procedures for City Council meetings. Amendments to this document must be approved by Council Resolution (Attachment A).

Assembly Bill 2449 (Rubio) (Attachment B) became effective on January 1, 2023. This bill amends the Brown Act with respect to limited virtual (teleconference) participation in legislative meetings by legislative body members.

DISCUSSION
Background
Hybrid meetings allow Council, staff, consultants, and the public to participate in Council meetings through a teleconferencing platform in addition to the options available for inperson participation. The City of San Luis Obispo used Zoom during the COVID-19 pandemic to hold all Council and Advisory Body meetings. When meetings returned to an in-person format, the use of teleconferencing was discontinued due to audio and video equipment limitations for hybrid meetings in the Council Chamber and the need to provide additional staff resources to manage the technology and complexity of setting up and administering hybrid meetings.

Item 8c
At the February 15, 2022, City Council meeting, Council allocated funding to upgrade the audio and video equipment in the Council Chamber and Council Hearing Room to allow for hybrid meetings. Due to supply chain issues, the equipment was back ordered until December 2022. The equipment has since been installed and tested, enabling Council to implement hybrid meetings. A half-time position was also added; however, the position has remained vacant. Staff will recruit for the position prior to the anticipated July 1st start of hybrid City Council meetings.

Assembly Bill 2449 (Rubio)
On September 13, 2022, Governor Newsom signed Assembly Bill (AB) 2449 (Rubio) into law, which became effective on January 1, 2023. The bill further amends the Brown Act regarding remote (teleconference) participation in meetings of legislative bodies that are subject to the Brown Act by allowing individual members of legislative bodies increased flexibility to participate in meetings via teleconference in the event of a personal emergency, without a declared state of emergency, provided that certain requirements are met. Such requirements and stated procedures set forth by AB 2449 are detailed below. These requirements inform the changes that need to be implemented to be in compliance with AB 2449 and how staff will run hybrid City Council meetings.

Brown Act - Teleconferencing
 Traditional Teleconference Regulations. The requirements for traditional teleconferencing included the publication of the member’s physical address on the agenda itself as well as the posting of the agenda, allowing public access, calling for public comments, and ensuring ADA access, at the remote location. This traditional model remains available in the event a Council Member wishes to comply with this option.
 New Teleconference Regulations / AB 2449. Beginning January 1, 2023, AB 2449 further amended the Brown Act to regulate teleconference participation in legislative meetings, offering a complex alternative to traditional teleconference options. This bill significantly limits the use of remote teleconferencing compared to that which had been permitted under emergency teleconference regulations enacted at the start of the COVID-19 pandemic. AB 2449 regulates only attendance by legislative body members and does not regulate attendance by staff or the public.

Implementation of AB 2449 – New Teleconferencing Regulations Key provisions of the bill are outlined below. Procedures for these provisions are proposed to become a new section in Council Policies and Procedures Manual (Attachment C).

Quorum Requirement:

A quorum of the Council (three members) must participate at a singular physical meeting location identified on the agenda, which must be within the city limits and open to the public. This means that no more than two Council Members may utilize these AB 2449 teleconference provisions at one meeting. If fewer than three members could not be physically present at the beginning of a meeting, the meeting shall not be called to order, absent a declared emergency.

Item 8c
Limitations on Use:

Council Members may participate remotely under AB 2449 a limited number of times per year, depending on which exception was selected, “Just Cause” or “Emergency Circumstance,” as defined in the bill.

Selection of an Exception:

Council Members wishing to participate remotely under AB 2449 may do so either for “Just Cause” or “Emergency Circumstances,” as those terms are defined by the bill.

Just Cause Exception:
 This exception may be used in cases of caregiving for a dependent; contagious illness; need related to a physical or mental disability; or official governmental travel.
 Capped at two meetings per calendar year regardless of the Council’s meeting schedule.

Emergency Circumstances Exception:
 This exception may be used in cases of a physical or family medical emergency that prevents a Council Member from attending in person.  Capped at 20% of the regular meetings within a calendar year (four City of San Luis Obispo Council meetings per year).

Other Provisions:
 Each agenda must describe how members of the public may observe or attend the meeting and offer public comment, including a way to attend via teleconference platform. Members of the public must be allowed to make public comments in real-time (in-person or through teleconference) during all allotted public comment periods.
 Council Members wishing to attend by teleconference must make a request to the Council at the earliest possible opportunity, up to and including at the start of a meeting. During the meeting, the Council must act by majority vote to approve or deny the request.
 Council Members must also provide a “general description” of the circumstances relating to the member’s need to participate remotely, which need not be more than 20 words or disclose any personal medical information.
 Council Members must disclose, before any action is taken, whether any individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with the individual. This disclosure must take place during the meeting itself, even if the notification and description were given in advance.  Council Members participating remotely must participate through both audio and visual technology.

Item 8c
 All votes taken at a meeting where a Council Member attends by teleconference, under provisions of AB 2449, must be taken by roll call vote.  Meeting proceeding must be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public or prevents the receipt of public comment on the teleconference platform until meeting audio and video service are restored.

Implementation of Hybrid Council Meetings in compliance with AB 2449 The following proposed changes have been incorporated into Council’s Policies and Procedures (Attachment C, Legislative Draft of the Council Policies and Procedures Manual).

Agendas:
 Agendas will be modified to provide a Zoom link to access the meeting and instructions on how to provide public comment when attending in person or via teleconference. Agendas will also include a statement that the meeting shall be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public via teleconference platform; or in the event of a disruption within the City’s control that prevents members of the public from making public comments via the teleconference platform.

The Council shall take no further action on agenda items until public access to the meeting via teleconference platform is restored. If access cannot be restored within a reasonable amount of time, the Mayor shall announce that the meeting is adjourned to a future date and time.
 A section was added before the Call to Order for AB 2449 Teleconferencing Requests.

Public Comment – How Public Comment will be Called:
 Public comments will be taken from those in-person first and then from those attending via teleconference.
 After the staff presentation, the Mayor will announce that Public Comment will start after Council questions and members of the public should submit their speaker cards or raise their virtual hand if attending via teleconference.

After a reasonable amount of time has taken place, the Mayor shall close the Public Comment period and the Clerk will announce the total number of in-person public comment requests and the total teleconference requests.

Once the Public Comment period is closed, no additional speaker cards or raised hands will be accepted. This will allow for a fair allocation of time among all known speakers.
 When called upon to speak, the speaker states their name for the record and identifies the organization or group represented if speaking for an organization or other group.
 All remarks should be addressed to City Council as a whole, not to individual members thereof.
 Questions, if any, should be directed to the Mayor who will determine whether, or in what manner, an answer will be provided.

Item 8c
Other Provisions:
 Add a new section to Council Policies and Procedures Manual for AB 2449 compliance, which will outline all the implementation processes for compliance.
 Add to Section 1.1.4.2 that hybrid meetings can only be conducted for meetings held in City Hall due to the need for specialized audio and video equipment.

Applicability to Advisory Bodies
AB 2449 could be implemented for all of the City’s Advisory Bodies but, currently, staff is not recommending this approach. This would have an impact on the staff liaisons since they would have to run the meeting and the teleconference component or have an additional staff member attend the meeting. The City Clerk’s Office is planning to complete the biennial update of the Advisory Body Handbook and Bylaws in December of 2023; it is recommended that the implementation of hybrid meetings for Advisory Bodies be reviewed as part of this update.

Public Engagement
Public comment can be provided to the City Council through written correspondence received prior to the meeting and through a public comment at the meeting.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes/No
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:

Total $ $ $ $
Funding for hybrid meetings was approved at the mid-year budget hearing on February 15, 2022 (Staff Report).

Item 8c

ALTERNATIVES

1. Council could decide not to implement a hybrid option for City Council meetings.

2. Council could decide not to implement procedures for compliance with AB 2449. This would limit Council’s ability to participate remotely in council meetings to only in-person or using the traditional Brown Act teleconference option.

3. Council could direct staff to make additional revisions to the Council’s Policies and Procedures Manual relating to hybrid meetings.

4. Council could immediately direct staff to implement hybrid meetings for all the Advisory Bodies. If this is Council’s desire, then staff recommends a phased approach starting with Planning Commission and adding in the remaining bodies after Staff has recommended any additional staffing or other resources to support hybrid meetings for all 17 committees/commissions.

ATTACHMENTS
A - Draft Resolution amending Council Policies and Procedures Manual to implement Hybrid Meetings
B - AB 2449 (Rubio) Brown Act Teleconference
C - Council Policies and Procedures Manual (Legislative Draft)

R _____
RESOLUTION NO. _______ (2023 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, ESTABLISHING POLICIES AND
PROCEDURES FOR COMPLIANCE WITH ASSEMBLY BILL 2449

RELATING TO TELECONFERENCE PARTICIPATION IN

LEGISLATIVE MEETINGS
WHEREAS, Assembly Bill 2449, effective January 1, 2023, amends the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members; and WHEREAS, AB 2449 will significantly curtail the ability of legislative body members to attend meetings virtually as compared to the relaxed teleconferencing laws that were enacted at the beginning of the COVID-19 and have seen been in effect; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Chapter 1 of the Council Policies and Procedures shall be amended as follows.

1.1.2 REGULAR MEETINGS

1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo (Ordinance No. 677). Council meetings will also be streamed via teleconference only in City Hall.

1.1.4 SPECIAL MEETINGS

1.1.4.2 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. Meetings not held in City Hall will not be streamed through teleconference.

1.2.7 ORDER OF BUSINESS shall be as follows:

1.2.7.1 Council AB 2449 Requests for Teleconferencing

1.2.7.2 Call to Order

1.2.7.3 Roll Call

1.2.7.4 Pledge of Allegiance

1.2.7.5 Closed Session Report (if any)

1.2.7.6 City Manager’s Report

Resolution No. ______ (2023 Series) Page 2
R ______

1.2.7.7 Presentations /Appointments

1.2.7.8 Public Comment

1.2.7.9 Consent Agenda

1.2.7.10 Public Hearings and Business Items

1.2.7.11 Liaison Reports and Communications

1.3.7 PUBLIC COMMENT

1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda or items on the Consent Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker. A speaker slip should be filed with the City Clerk but is not required in order to speak.

1.3.7.1.1 For all hybrid (in-person and via teleconference) Those requesting to speak in-person will be called first then those requesting to speak via teleconference will
be called. All requests to speak should be submitted
before the Public Comment period starts.

1.3.7.3 Individuals desiring to speak on an item on the agenda shall:

1.3.7.3.1 Address the Council from the podium or via
teleconference after giving their name and city of
residence. Speakers shall direct their comments to the
Council, not the audience.

1.5 AB 2449 – NEW TELECONFERENCING REGULATIONS

1.5.1 Quorum Requirement: A quorum of the Council (three members) must participate at a singular physical meeting location identified on the agenda, which must be within the city limits and open to the public. This means that no more than two Council Members may utilize these AB 2449 teleconference provisions at one meeting. If fewer than three members could not be physically present at the beginning of a meeting, the meeting shall not be called to order except during a declared emergency.

1.5.2 Limitations on Use: Council Members may participate remotely under AB 2449 a limited number of times per year, depending on which exception was selected, “Just Cause” or “Emergency Circumstances.”

1.5.2.1 Just Cause Exception. This exception may be used in cases of caregiving for a dependent; contagious illness; need to be related to a physical or mental disability; or official governmental travel. Capped at two (2) meetings per calendar year regardless of the Council’s meeting schedule.

Resolution No. ______ (2023 Series) Page 3
R ______

1.5.2.2 Emergency Circumstances Exception. This exception may be used in cases of a physical or family medical emergency that prevents a Council Member from attending in person. Capped at 20% of the regular meetings within a calendar year (four (4) City of San Luis Obispo Council meetings per year).

1.5.3 Each agenda must describe how members of the public may observe or attend the meeting and offer public comment, including a way to attend via teleconference platform. Members of the public must be allowed to make public comments in real-time (in-person or through teleconference) during all allotted public comment periods.

1.5.4 Council Members wishing to attend by teleconference must make a request to the Council at the earliest possible opportunity, up to and including at the start of a meeting. The Council must act by majority vote, during the meeting, to approve or deny the request.

1.5.4.1 Council Members must also provide a “general description” of the circumstances relating to the member’s need to participate remotely, which need not be more than 20 words or disclose any personal medical information.

1.5.4.2 Council Members must disclose before any action is taken, whether any individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with the individual. This disclosure must take place during the meeting itself, even if the notification and description were given in advance.

1.5.4.3 Council Members participating remotely must participate through both audio and visual technology.

1.5.5. All votes taken at a meeting where a Council Member attends by teleconference, under provisions of AB 2449, must be taken by roll call vote.

1.5.6 Meeting proceeding must be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public or prevents the receipt of public comment on the teleconference platform until meeting audio and video service are restored.

Resolution No. ______ (2023 Series) Page 4
R ______
SECTION 2. Resolution Number 11341 (2022 Series) is hereby repealed and superseded to the extent inconsistent herewith.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 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

SHARE THIS: Date Published: 09/14/2022 09:00 PM
AB-2449 Open meetings: local agencies: teleconferences. (2021-2022) Assembly Bill No. 2449
CHAPTER 285
An act to amend, repeal, and add Sections 54953 and 54954.2 of the Government Code, relating to local government.
[ Approved by Governor September 13, 2022. Filed with Secretary of State September 13, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2449, Blanca Rubio. Open meetings: local agencies: teleconferences.

Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act generally requires posting an agenda at least 72 hours before a regular meeting that contains a brief general description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The act authorizes a legislative body to take action on items of business not appearing on the posted agenda under specified conditions. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.

Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health.

This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. Under this exception, the bill would authorize a member to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances. The emergency circumstances basis for remote participation would be contingent on a request to, and action by, the legislative body, as prescribed. The bill, until January 1, 2026, would authorize a legislative body to consider and Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

take action on a request from a member to participate in a meeting remotely due to emergency circumstances if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The bill would define terms for purposes of these teleconferencing provisions.

This bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 54953 of the Government Code, as amended by Section 3 of Chapter 165 of the Statutes of 2021, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.

(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (C) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

(D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. (C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. Page 326 of 351 (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals. (C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means.

(j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency. (3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting.

Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (5) “State of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (6) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (7) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (8) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2. Section 54953 of the Government Code, as added by Section 4 of Chapter 165 of the Statutes of 2021, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.

(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d).
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.

(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals. (C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(f) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Page 330 of 351 Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (g) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(h) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (i) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (f).
(D) Travel while on official business of the legislative body or another state or local agency. (3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (e), other than any physical meeting location designated in the notice of the meeting.

Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (5) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (6) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (7) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(8) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (j) This section shall become operative January 1, 2024, shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all

requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2026.

SEC. 4. Section 54954.2 of the Government Code is amended to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42