City Council - May 16, 2023
1. CLOSED SESSION: STARTS AT 4:00 PM
1.a
CALL TO ORDER
A Closed Session Meeting of the San Luis Obispo City Council was called to order on May 16, 2023 at 4:00 p.m.in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. by Mayor Erica A. Stewart.
1.b
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. No. of potential cases: One.
A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation are set forth in a letter from Kevin I. Shenkman, Attorney at Law, on behalf of his client Southwest Voter Registration Education Project, alleging that the City’s current at-large election system for the election of City Council members and the Mayor violates the California Voting Rights Act and demanding that the City transition to by-district elections. Mr. Shenkman’s letter dated February 17, 2023, is on file and available for review in the City Clerk’s Office located at 990 Palm Street.
1.c
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property: APN 002-326-021, 1134, 1144 and 1146 Monterey Street Agency Negotiators: Derek Johnson, J. Christine Dietrick, Matt Horn, Michael Codron, Lee Johnson, Luke Schwartz, Nate Stong, Greg Hermann Negotiating Parties: Judicial Council of California, City of San Luis Obispo, County of San Luis Obispo Under Negotiation: Price and terms of payment
1.d
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators:
Nickole Domini, Britani Roltgen, Che Johnson, Derek Johnson, Christine Dietrick Represented Employee Organizations:
San Luis Obispo City Employee’s Association (SLOCEA)
San Luis Obispo Police Officer’s Association (POA)
San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523
Unrepresented Employees:
Unrepresented Management Employees
Unrepresented Confidential Employees
1.e
ADJOURNMENT
The City Council will hold a Regular Meeting on May 16, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
2. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.
3. PLEDGE OF ALLEGIANCE
Council Member Emily Francis will lead the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a
LAGUNA MIDDLE SCHOOL COMMUNITY SERVICE AWARDS PRESENTATION Mayor Stewart will present community service awards to students of Laguna Middle School.
4.b
PUBLIC WORKS AND UTILITIES WEEK PROCLAMATION
Mayor Stewart will present a proclamation declaring the week of May 21 - 27, 2023 as "Public Works and Utilities Week."
4.c
NATIONAL FOSTER CARE MONTH PROCLAMATION
Mayor Stewart will present a proclamation declaring the month of May as "National Foster Care Month."
4.d
SEWER AND WATER RATES AND WATER SUPPLY UPDATE PRESENTATION The City Council will receive a presentation from Utilities Director Aaron Floyd and Utilities Deputy Director of Water Mychal Boerman on the Water and Sewer Rates and water supply update.
4.e
CAL PERS ADDITIONAL DISCRETIONARY PAYMENT AND FUTURE PAYMENTS PRESENTATION
1. CalPERS Additional Discretionary Payments and Future Payments.pdf
2. A - Foster Foster CalPERS Review- 6-30-21 Valuation Results.pdf The City Council will receive a presentation from Finance Director Emily Jackson on CalPERS additional Discretionary Payment and future payments.
4.f
CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.
5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
6. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.
Recommendation:
To approve Consent Calendar Items 6a to 6i.
6.a
WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
6.b
MINUTES REVIEW - MAY 2, 2023 COUNCIL MINUTES
1. Post-Meeting Minutes - CC_May02_2023 - English.pdf
Recommendation:
Approve the minutes of the City Council meeting held on May 2, 2023.
6.c
SECOND READING OF ORDINANCE NO. 1727 (2023 SERIES) AMENDING THE ZONING MAP TO EXPAND THE CANNABIS BUSINESS OVERLAY ZONES AND SECOND READING OF ORDINANCE NO. 1728 (2023 SERIES) AMENDING CHAPTER 9.10 ADDING REQUIREMENTS FOR REAL PROPERTY OWNERS
1. O-1727 and O-1728 Second Reading - Cannabis Business Overlay Rezone and Adding Property Ownership Requirements .pdf
2. A - Ordinance No. 1727 (2023 Series) - Amending the Zoning Map to Expand the Cannabis Business Overlay Zones.pdf
3. B - Ordinance No. 1728 (2023 Series) - Amending Chapter 9.10 of the Muni Code Adding Requirements.pdf Recommendation:
Adopt Ordinance No. 1727 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City’s Zoning Map to expand the Cannabis Business Overlay Zones where cannabis businesses may be located as may be allowed or conditionally allowed by the underlying base zones and the rules and regulations established in the city’s municipal code (RZ-0118-2023)”; and Adopt Ordinance No. 1728 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 9.10 (Cannabis Regulations) of the Municipal Code adding requirements for owners that lease real property to commercial cannabis operators (CODE-0164-2023).”
6.d
ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT AND RESCINDING OF EMERGENCY DROUGHT DECLARATION
1. Annual Water Supply and Demand Assessment and Rescinding of Emergency Drought Declaration.pdf
2. A - 2023 Water Supply and Demand Assessment.pdf
3. B - Draft Resolution rescinding Resolution No. 11353.pdf Recommendation:
Receive and file the City’s 2023 Water Supply and Demand Assessment; and Adopt Resolution No. 11419 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, rescinding Resolution No. 11353, returning the City of San Luis Obispo to the Monitor Stage of its Water Shortage Contingency Plan.”
6.e
2023-24 CENTRAL SERVICES COST ALLOCATION PLAN
1. Item 6e - 2023-24 Central Services Cost Allocation Plan.pdf
2. 2023-24 Central Services Cost Allocation Plan.pdf
3. A - Central Services Cost Allocation Plan.pdf
4. B - 2CFR 200 Cost Allocation Plan.pdf
5. C - Labor Rates 2023-24.pdf
6. D - 2023-24 Cost of Services.pdf
Recommendation:
Adopt the 2023-24 Central Services Cost Allocation Plan including the Cost of Services Allocation and Labor Rates.
6.f
FY 2023-24 GRANT APPLICATIONS FOR THE ALCOHOLIC BEVERAGE CONTROL, OFFICE OF TRAFFIC SAFETY, AND POLICE REFORM AND RACIAL JUSTICE GRANT PROGRAM
1. Police Grant Applications for FY 23-24.pdf
2. A - Draft Resolution authorizing Grant Applications for Dept. of Alcoholic Beverage Control Funding.pdf Recommendation:
Authorize staff to submit grant applications to the following entities:
FY 2023-24 Department of Alcoholic Beverage Control in an amount not to exceed $95,000.
FY 2023-24 Office of Traffic Safety in the amount not to exceed $170,000.
FY 2023-24 Police Reform and Racial Justice Grant Program not to exceed $75,000.
Adopt Resolution No. 11420 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Authorizing Grant Applications for Funding Provided Through the Department of Alcoholic Beverage Control to Increase Education and Enforcement Programs Focusing on Underage Drinking and Retail Alcohol Outlets” authorizing the City Manager to enter into a contract with the State as required by the Department of Alcoholic Beverage Control; and If the grants are awarded, authorize the City Manager or his designee to execute grant related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant.
6.g
AUTHORIZATION OF ADDITIONAL FUNDING FOR THE GROUNDWATER CONTAMINATION CHARACTERIZATION PROJECT IMPLEMENTATION PHASE
1. Authorization of Additional Funding for the Groundwater Contamination Characterization Project(1).pdf
2. A - Estimated Budget Submitted with Round 3 Grant Application(1).pdf Recommendation:
Approve the use of up to $730,085 of available funding for the Groundwater Contamination Characterization Project, Proposition 1 Groundwater Grant Program Round 3 Implementation Phase; and Authorize the City Manager to execute required grant, consultant, and construction-related agreements; and Authorize the City Manager to approve amendments and change orders up to $412,494 or the remaining project balance; and Authorize the City Manager to approve contract agreements for the project, not to exceed a cumulative total of $7,020,344.
6.h
AUTHORIZATION TO ADVERTISE RESERVOIR NO. 2 COVER REPLACEMENT, SPECIFICATION 2000034-2
1. Authorization to Advertise Reservoir No. 2 Cover Replacement Project, Specification No. 2000034-2.pdf
2. A - Project Plans (2000034-2).pdf
3. B - Project Specifications (2000034-2).pdf
Recommendation:
Approve the project plans and specifications for Reservoir No. 2 Cover Replacement, Specification Number 2000034-2; and Authorize staff to advertise for bids; and
Authorize the City Manager to award the construction contract for the lowest responsible bid if within the Publicly Disclosed Funding Limit of $2,500,000; and, Authorize the City Engineer to approve Contract Change Orders up to the available project budget.
6.i
2023-24 ROAD MAINTENANCE RECOVERY ACT (SB1) FUNDING AND PROJECTS
1. 2023-24 Road Maintenance Recovery Act (SB1) Funding and Projects.pdf
2. A - Draft Resolution adopting a list of projects for Fiscal Year 2023-24 funded by SB 1.pdf Recommendation:
Adopt Resolution No. 11421 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting a list of projects for Fiscal Year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017.”
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a
APPROPRIATE FUNDING FOR THE INFRASTRUCTURE INVESTMENT FUND FOR THE REAL PROPERTY ACQUISITION OF 1106 WALNUT STREET, SAN LUIS OBISPO, CALIFORNIA (15 MINUTES)
1. Appropriate funding from the Infrastructure Investment Fund for the real property acquisition of 1106 Walnut Street.pdf
2. A - Final Purchase Agreement Fifth Amendment.pdf
3. B - Planning Commission Resolution PC-1072-2023.pdf
4. C- Draft Resolution approving an amendment to the 22-23 budget allocation for FY 22-23.pdf Recommendation:
Approve the purchase of 1106 Walnut Street; and
Appropriate funding in the amount of $5,770,000 from the Infrastructure Investment Fund and transfer to the Capital Outlay Fund for the real property acquisition of 1106 Walnut Street and the creation of a Capital Improvement Program Project to fund a project to address security, IT and other costs associated with the City’s use and occupation of the building; and Adopt Resolution No. 11422 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation for Fiscal Year 2022-23 for purchase and use of the office building located at 1106 Walnut Street.”
7.b
FISCAL YEAR 2022-23 THIRD QUARTER BUDGET REVIEW (30 MINUTES)
1. FY 2022-23 Third Quarter Budget Review.pdf
2. A - FY 2022-23 Third Quarter Budget Report.pdf
7.c
INTRODUCE AN ORDINANCE TO REPEAL AND REPLACE MUNICIPAL CODE TITLE 16 APPROVING A COMPREHENSIVE UPDATE TO THE SUBDIVISION REGULATIONS (45 MINUTES)
1. Introduce an Ordinance repealing and replacing Title 16 for a comprehensive Subdivision Regulations update.pdf
2. A - Draft Ordinance for a comprehensive update of the Subdivision Regulations.pdf
3. B - Exhibit A to the Draft Ordinance (Leg Draft).pdf
4. C - Planning Commission Resolution.pdf
Recommendation:
As recommended by the Planning Commission, introduce Ordinance No. 1729 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, repealing Title 16 (Subdivision Regulations) of the Municipal Code in its entirety and introducing and adopting a replacement Title 16 to include recommended updates and amendments as reflected in the attached Exhibit A (CODE-0155-2023)”
7.d
RIGHETTI HILL OPEN SPACE CONSERVATION PLAN (45 MINUTES)
1. Item 7d. - Righetti Hill Open Space Conservation Plan -Staff Agenda Correspondence.pdf
2. Adopt Righetti Hill Open Space Conservation Plan.pdf
3. A - Draft Resolution adopting the Righetti Hill Conservation Plan.pdf
4. B - Draft Righetti Hill Open Space Conservation Plan.pdf
5. C - Addendum to the 2010 Final Environmental Impact Report for the Orcutt Area Specific Plan.pdf Recommendation:
Adopt Resolution No. 11423 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Righetti Hill Open Space Conservation Plan and adoption of an Addendum to the Orcutt Area Specific Plan Final Environmental Impact Report.”
8. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
9. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 6, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
LISTENING ASSISTIVE DEVICES
for the hearing impaired - see the Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.
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. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-and-minutes . Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.