City Council
AGENDA

Tuesday, March 21, 2023 at 4:30 P.m. - 11:00 P.m.

Council Chambers, 990 Palm Street, San Luis Obispo

The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, the Council Chamber will be at limited capacity and masks are strongly recommended. Council meetings may be viewed remotely on Channel 20 and the City's YouTube Channel: http://youtube.slo.city

INSTRUCTIONS FOR PUBLIC COMMENT:

Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):

Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Email - Submit Public Comments via email to . In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.

Voicemail - Call [phone] and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting.

*All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline will not be processed until the following day.

Public Comment during the meeting:

Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers.

Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at or [phone].

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1.

CLOSED SESSION: STARTS AT 4:30 PM

1.a

CALL TO ORDER

Mayor Erica A. Stewart will call the Closed Session Meeting of the San Luis Obispo City Council to order in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.

1.b

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY

Public comment will only be accepted for Closed Session items.

1.c

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 allegations that the City is requiring payment of development fees inconsistent with asserted vesting provisions of a development agreement related to the Avila Ranch Development, as set forth in detail in letters received from Avila Ranch Developers, Inc. and WCP Developers, LLC, which are on file and available for review in the City Clerk’s Office located at 990 Palm Street. 

1.d

ADJOURNMENT

The City Council will hold a Regular Meeting on March 21, 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

Mayor Erica A. Stewart will lead the Council in the Pledge of Allegiance.

4.

PRESENTATIONS

4.a

SURVEYOR'S WEEK PROCLAMATION

Mayor Stewart will proclaim the week of March 19 - 25, 2023 as "Surveyor's Week".

4.b

INTRODUCTIONS - FIRE DEPARTMENT ADMINISTRATIVE ANALYST AND DEPUTY FIRE CHIEF

Fire Chief Todd Tuggle will introduce Nicole Vert, Administrative Analyst, and Sammy Fox, Deputy Fire Chief.

4.c

INTRODUCTIONS - ENGINEERING DEVELOPMENT REVIEW

Community Development Director Michael Codron will introduce Engineering Development Review staff, Brian Rodriguez, Senior Civil Engineer, and Nate Stong, Senior Civil Engineer.

4.d

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 6h.

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 - FEBRUARY 28, 2023, MARCH 2, 2023, AND MARCH 7, 2023 COUNCIL MINUTES

Recommendation:
Approve the following minutes of the City Council:

• February 28, 2023 - Special Meeting
• March 2, 2023 - Special Closed Session Meeting
• March 7, 2023 - Regular Meeting

6.c

2023 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES

• Recommendation:

  As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's advisory bodies and continue to recruit for any unfilled vacant positions.

6.d

ANNUAL MONITORING FOR THE AVILA RANCH DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS

• Recommendation:

  Receive and file the Annual Monitoring Report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions.

6.e

SECOND READING OF ORDINANCE NO. 1724 (2023 SERIES) AMENDING SEVERAL SECTIONS OF THE MUNICIPAL CODE TO AUTHORIZE DESIGNEES OF THE POLICE CHIEF TO ISSUE CITATIONS FOR ALL INFRACTION AND MISDEMEANOR VIOLATIONS OF THE MUNICIPAL CODE

• Recommendation:

  Adopt Ordinance No. 1724 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 1 “General Provisions”, Chapter 1.16 “Citation Procedure”, Section 1.16.060 “Code Enforcement Officer Designation Authority,” and Title 10 “Vehicles and Traffic”, Chapter 10.08 “Administration”, Section 10.08.070 “Enforcement,” and Chapter 10.68 “Inoperative Vehicles,” Section 10.68.020 “Definitions;” and amending Title 9 “Public Peace, Morals and Welfare” to add Chapter 9.60 “Enforcement” in order to authorize designees of the Police Chief, including Community Service Officers, to issue citations for all Infraction and Misdemeanor Violations of the Municipal Code and making a determination of exemption under the California Environmental Quality Act.”

6.f

SECOND READING OF ORDINANCE NO. 1725 (2023 SERIES) AMENDING CHAPTER 17.86 AND CHAPTER 9.10 OF THE MUNICIPAL CODE MODIFYING RETAIL STOREFRONT OPERATIONAL RULES

• Recommendation:

  Adopt Ordinance No. 1725 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.86 (Regulations for Specific Land Uses and Activities) and Chapter 9.10 (Cannabis Regulations) of the Municipal Code modifying specific rules for commercial cannabis business retail storefront operations.”

6.g

APPROVAL OF FEDERAL TRANSIT TITLE VI PROGRAM UPDATE AND PUBLIC TRANSPORTATION AGENCY SAFETY PLAN

• Recommendation:
  1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving Federal Transit Administration Title VI Program Update and Public Transportation Agency Safety Plan for the San Luis Obispo Transit Services”; and
  2. Authorize the City Manager, or their designee, to revise and execute any required certifications, forms, and associated documents on behalf of the City to comply with the FTA requirements discussed in this report.

6.h

APPROPRIATION OF UNDESIGNATED INSURANCE FUND BALANCE TO PAY LIABILITY CLAIMS COSTS FOR FISCAL YEAR 2022-23

• Recommendation:

  Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation in the Insurance Fund Fiscal Year 2022-23.”

7.

PUBLIC HEARING AND BUSINESS ITEMS

7.a

INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM 2.15 AND POLICY 6.6 TO PROVIDE A DOWNTOWN FLEXIBLE DENSITY PROGRAM (Estimated Time: 90 minutes)

• Recommendation:

  Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code to incorporate a Downtown Flexible Density Program for qualifying residential projects. Project is consistent with the previous Mitigated Negative Declaration for the 2018 Comprehensive Zoning Regulations Update (Downtown Flexible Density Program, CODE-0017-2023)” and adopt an Addendum to the previous environmental review determination.

7.b

ADOPTION OF THE HOMELESSNESS RESPONSE STRATEGIC PLAN (Estimated Time: 20 minutes)

• Recommendation:

  Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Homelessness Response Strategic Plan.”

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 April 4, 2023 at 4:30 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 [phone] at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf [phone].

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Chanel: http://youtube.slo.city. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-and-minutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at [phone].