HomeMy WebLinkAbout04-21-2020 Agenda Packet - Amended
Tuesday, April 21, 2020 - Amended
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of
the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City
of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the
convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be
holding all public meetings via teleconference. There will be no physical location for the Public to view the
meeting. Below are instructions on how to view the meeting remotely and how to leave public comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate
in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are encouraged
to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
Registration URL: https://attendee.gotowebinar.com/register/295592012741624077
Webinar ID: 815-573-651
Telephone Attendee: (415) 655-0052; Audio Access Code: 685-569-448
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting online at: https://www.slocity.org/channel20
2. Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
• Mail or Email Public Comment
Received by 3:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401
Emails sent after 3:00 PM and up until public comment is opened on the item – Limited to
one page emailed to cityclerk@slocity.org, which will then be read aloud during the public
comment period on the item specified.
• Verbal Public Comment
Received by 3:00 PM on the day of the meeting - Call (805) 781-7164; state and spell your
name, the agenda item number you are calling about and leave your comment. The verbal
comments must be limited to 3 minutes. All voicemails will be forwarded to the Council
Members and saved as Agenda Correspondence.
During the meeting – Comments can be submitted up until the Public Comment period is
opened for the item when joining via the webinar (instructions above). Please contact the City
Clerk’s office at cityclerk@slocity.org to more information.
All comments submitted will be placed into the administrative record of the meeting.
Tuesday, April 21, 2020 - Amended
6:00 PM REGULAR MEETING TELECONFERENCE
Broadcasted via Webinar
San Luis Obispo Page 2
Amendment shown in italics below – Adding Item 11
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez and Mayor Heidi Harmon
PRESENTATIONS
1.SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION
(HARMON – 5 MINUTES)
Mayor Harmon will proclaim the month of April as “Sexual Assault Awareness Month.”
2.ECONOMIC RECOVERY AND RESILIENCY PROJECT PLAN PRESENTATION
(JOHNSON / STANWYCK – 15 MINUTES)
Recommendation:
Receive a presentation by City Manager Derek Johnson and Assistant City Manager Shelly
Stanwyck on the Economic Recovery & Resiliency Project Plan.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(not to exceed 15 minutes total)
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.
San Luis Obispo City Council Agenda April 21, 2020 Page 3
CONSENT AGENDA
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.
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
4. MINUTES REVIEW - APRIL 7, 2020 CITY COUNCIL MEETING (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on April 7, 2020.
5. AUTHORIZATION TO ADVERTISE ON-CALL SERVICES REQUEST FOR
QUALIFICATIONS – STRUCTURAL ENGINEERING DESIGN SERVICES
(STANWYCK / GLAUCH)
Recommendation:
1. Approve the Request for Qualifications (RFQ) to provide Structural Engineering Design
Services, Specification No. 5009.2020.SE; and
2. Authorize the City Manager to execute agreements with selected consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant service contracts not-to-exceed the authorized project budget; and
4. Authorize the City Engineer to amend or extend the agreement for services in
accordance with its terms and within the available annual budget.
6. AGREEMENT WITH ASCENT ENVIRONMENTAL TO PREPARE THE
COMPREHENSIVE HAZARD AND VULNERABILITY ASSESSMENTS AND
ADAPTATION STRATEGIES FOR THE GENERAL PLAN SAFETY ELEMENT
(RESILIENT SAN LUIS OBISPO) (CODRON / MCCLISH)
Recommendation:
Authorize the Community Development Director to enter into an agreement with Ascent
Environmental in the amount of $287,500 to prepare the comprehensive hazard and
vulnerability assessments and adaptation strategies for the General Plan Safety Element
update funded through the Caltrans Climate Change Adaptation Grant, “Resilient SLO.”
San Luis Obispo City Council Agenda April 21, 2020 Page 4
7.RECEIVE AND FILE THE 2020 AFFORDABLE HOUSING NEXUS STUDY
(CODRON / COHEN)
Recommendation:
Receive and file the 2020 Affordable Housing Nexus Study, which completes a significant
Housing Major City Goal task.
PUBLIC HEARING AND BUSINESS ITEMS
8.INITIATION OF A PROJECT TO REZONE A PROPERTY FROM BP-SP TO C-S-
SP TO ALLOW FOR A MIXED-USE DEVELOPMENT PROJECT CONSISTING
OF 280 RESIDENTIAL UNITS AND 15,000 SQUARE FEET OF COMMERCIAL
SPACE AND AUTHORIZATION OF A REQUEST FOR PROPOSALS FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (600 TANK
FARM ROAD). (CODRON / BELL – 10 MINUTES)
Recommendation
Receive a summary presentation on the project proposal from staff and the project applicant
and consider directing staff to proceed with the following:
1. Proceed the processing of the Project through the entitlement process; and
2.Authorize the issuance of a Request for Proposals (RFP) for the preparation of an
Environmental Impact Report (EIR) for the Project and related entitlements; and
3. Authorize the City Manager to enter into a consultant services agreement with the
consultant that best responds to the RFP in terms of qualifications, cost, and approach,
that is funded (consultant and staff costs) solely by the Applicant.
9.APPROVAL OF THE UPDATED EMERGENCY OPERATIONS PLAN AS THE
COMPREHENSIVE DISASTER LEADERSHIP PLAN
(AGGSON / BLATTLER – 15 MINUTES)
Recommendation:
Approve the Comprehensive Disaster Leadership Plan (CDLP) as the updated 2011
Emergency Operations Plan (EOP).
San Luis Obispo City Council Agenda April 21, 2020 Page 5
10.2020 LEGISLATIVE PLATFORM (DIETRICK – 10 MINUTES)
Recommendation:
1.Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing the City Legislative Action Platform for 2020 and
appointing the council member and staff person to act as liaison between the City of San
Luis Obispo and the League of California Cities;” and
2.Provide direction to staff on the scope and application of the legislative platform related
to advocacy for non-legislative items or particular projects; and
3.Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative
liaisons between the League of California Cities and the City of San Luis Obispo.
11.DISCUSS AND PROVIDE DIRECTION REGARDING PROCLAIMING THE
CONTINUED EXISTENCE OF A LOCAL EMERGENCY REGARDING COVID-19
PANDEMIC (JOHNSON – 10 MINUTES)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, proclaiming the continuing existence of a local emergency regarding
the COVID-19 Pandemic.”
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 his or her 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)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, May 5, 2020 at 6:00 p.m., via
teleconference.
San Luis Obispo City Council Agenda April 21, 2020 Page 6
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City 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) 781-7100 at least
48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.
City Council regular meetings are televised live on Charter Channel 20. 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 www.slocity.org. Persons with questions concerning any agenda item may call the City
Clerk’s Office at (805) 781-7100.
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Tuesday, April 7, 2020
Continued Special Meeting of the City Council/Disaster Council
CALL TO ORDER
A Continued Special Meeting of the San Luis Obispo City Council/Disaster Council was called to
order on Tuesday, April 7, 2020 at 6:04 PM via teleconferencing from various locations by Mayor
Harmon.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice Mayor
Aaron Gomez, and Mayor Heidi Harmon.
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
CITY ATTORNEY REPORT ON CLOSED SESSION
A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code §54956.8
Property: APN: 053-032-003
Agency Negotiators: Derek Johnson, Christine Dietrick, Shelly Stanwyck,
Greg Hermann, Matt Horn, Brian Nelson, Hai Nguyen
Negotiating Parties: Scott D. and Jaymie Taylor
Under Negotiation: Price and terms of payment
Property: APN: 053-032-004
Agency Negotiators: Derek Johnson, Christine Dietrick, Shelly Stanwyck,
Greg Hermann, Matt Horn, Brian Nelson, Hai Nguyen
Negotiating Parties: The Kokkonen Family Trust dated March 7, 2008
Under Negotiation: Price and terms of payment
Property: APN: 053-032-005
Agency Negotiators: Derek Johnson, Christine Dietrick, Shelly Stanwyck,
Greg Hermann, Matt Horn, Brian Nelson, Hai Nguyen
Negotiating Parties: 14E-LLC, a California Limited Liability Company
Under Negotiation: Price and terms of payment
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San Luis Obispo City Council Minutes of April 7, 2020 Page 2
City Attorney Dietrick stated the council provided directions on price and terms for the three
parcels and no other direction provided.
B. RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND
PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT STATUS
Emergency Services Director Derek Johnson provided an in-depth staff report and responded
to Council questions.
Public Comment:
Kylie Clark
---End of Public Comments---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER STEWART, CARRIED 5-0 to:
1. Adopt Resolution No. 11106 (2020 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California proclaiming the Continuing Existence of a local
emergency regarding the COVID-19 Pandemic and imposing a city wide Safety
Enhancement Zone and enhanced penalties up to $1000 for violation of a Public Health
Order or any violation set forth in Chapter 9.22 of the San Luis Obispo Municipal Code”
2. Adopt the State of California Governor’s Office of Emergency Services “Designation of
Subrecipient’s Agent Resolution” (Resolution No. 11111 (2020 Series)) authorizing the
City Manager, the Assistant City Manager, and the Finance Director to execute and file
applications to obtain federal financial assistance
C. RECEIVE A PRESENTATION REGARDING COVID-19 FINANCIAL IMPACTS
Emergency Services Director Derek Johnson and Finance Director Brigitte Elke provided an
in-depth staff report and responded to Council questions.
Public Comment:
None
---End of Public Comments---
ACTION: BY CONSENSUS, THE COUNCIL DIRECTED STAFF TO RECEIVE AND
FILE THE REPORT.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 1 thru 7.
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San Luis Obispo City Council Minutes of April 7, 2020 Page 3
1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
2. MINUTES REVIEW - FEBRUARY 11, 2020, MARCH 17, 2020, MARCH 20, 2020, AND
MARCH 27, 2020 CITY COUNCIL MEETINGS
CARRIED 5-0, to approve the minutes of the City Council and/or the Disaster Council
meetings held on February 11, 2020, March 17, 2020, March 20, 2020, and March 27, 2020.
3. CONFIRM THE 2020-21 LIST OF PROJECTS FUNDED BY THE ROAD REPAIR
AND ACCOUNTABILITY ACT (SB-1)
CARRIED 5-0, to adopt Resolution No. 11107 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, confirming the 2020 -21 list of
projects funded by Senate Bill 1: The Road Repair and Accountability Act.”
4. AUTHORIZATION TO SUBMIT AN APPLICATION FOR LOCAL EARLY
ACTION PLANNING (LEAP) GRANTS PROGRAM
CARRIED 5-0, to adopt Resolution No. 11108 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, authorizing application for, and
receipt of, Local Early Action Planning (LEAP) Grants Program.”
5. SECOND READING OF ORDINANCE NO. 1681 (2020 SERIES), INTRODUCED BY
THE CITY COUNCIL ON MARCH 17, 2020, TO AMEND TITLE 17 OF THE
MUNICIPAL CODE TO ADDRESS NON-CONFORMING USES WITHIN THE
“EAST AIRPORT” ANNEXATION AREA (PL-ANNX-2030-2018; EID-0006-2020)
CARRIED 5-0, to adopt Ordinance No. 1681 (2020 Series) entitled, “An Ordinance of the
City Council of the City of San Luis Obispo, California, adopting amendments to Chapter
17.94 of Title 17 (Zoning Ordinance) establishing provisions for the continuance of Non-
Conforming Uses existing at the time of annexation within the East Airport Area (PL-ANNX-
2030-2018, EID-0006-2020).”
6. ACCEPTANCE OF GRANT FUNDS FOR AMERICAN PUBLIC WORKS
ASSOCIATION (APWA) SPONSORED PUBLIC WORKS INTERNSHIPS
CARRIED 5-0, to:
1. Approve of Transportation staff’s preparation and submission of a scholarship/grant
application for student interns; and
2. Accept grant funds of $6,000 from the APWA California Central Coast Chapter; and
3. Adopt Resolution No. 11109 (2020 Series) entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, accepting the American Public Works
Association Central Coast Chapter Internship Scholarship” and authorize the Finance
Director to make the necessary budget adjustments upon the award of the grant; and
4. Expend the grant funds and hire interns consistent with COVID-19 restrictions.
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San Luis Obispo City Council Minutes of April 7, 2020 Page 4
7. REVIEW AND ACCEPTANCE OF THE 2019 GENERAL PLAN ANNUAL REPORT
CARRIED 5-0, to accept and file the 2019 General Plan Annual Report.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
8. VESTING TENTATIVE TRACT MAP (VTTM 3150) FOR THE NG-30 PORTION OF
THE SAN LUIS RANCH SPECIFIC PLAN (SBDV-0747-2019)
Council Members Stewart, Pease. Christianson, Vice Mayor Gomez and Mayor Harmon
reported having no Ex Parte Communications.
Community Development Director Michael Codron, and Planning Consultant John
Rickenbach provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE CARRIED 5-0 to:
1. As recommended by the Planning Commission, approve the Vesting Tentative Tract Map
(VTTM 3150) for the NG-30 Portion of the San Luis Ranch Specific Plan; and
2. Adopt Resolution No. 11110 (2020 Series) entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, approving a Vesting Tentative Tract Map (VTTM
3150) within previously approved Vesting Tentative Tract Map 3096 to create
Condominium Ownership Space within the 296 units approved by Development Plan
approval ARCH-0459-2019 within the NG-30 zone of the San Luis Ranch Specific Plan,
with requested exceptions to the minimum dimensions of Private Open Space, and the
total combined Private and Common Open Space Requirement for each unit, and a
determination that the project is consistent with the Certified Final EIR for San Luis Ranch
Specific Plan and exempt from further Environmental Review under the California
Environmental Quality Act (CEQA); as represented in the staff report and attachments
dated April 7, 2020 (1035 Madonna Road, SBDV-0747-2019).”
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
None
ADJOURNMENT
The meeting was adjourned at 8:25 p.m. The next Continued Special Meeting of the City
Council/Disaster Council to be held April 10, 2020 or April 17, 2020 depending on need. The next
Regular City Council Meeting is scheduled for Tuesday, April 21, 2020 at 6:00 p.m., via webinar.
__________________________
Teresa Purrington, City Clerk
APPROVED BY COUNCIL: XX/XX/2020
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Department Name: Public Works
Cost Center: 5009
For Agenda of: April 21, 2020
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Acting Public Works Director
Prepared By: Aaron Glauch, Engineer II
SUBJECT: AUTHORIZATION TO ADVERTISE ON-CALL SERVICES REQUEST FOR
QUALIFICATIONS – STRUCTURAL ENGINEERING DESIGN SERVICES
RECOMMENDATION
1. Approve the Request for Qualifications (RFQ) (Attachment A) to provide Structural
Engineering Design Services, Specification No. 5009.2020.SE; and
2. Authorize the City Manager to execute agreements with selected consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant service contracts in an amount not-to-exceed the authorized project budget; and
4. Authorize the City Engineer to amend or extend the agreement for services in accordance
with its terms and within the available annual budget.
DISCUSSION
Background
The City’s Capital Improvement Plan (CIP) implements Council priorities by including projects
that build, maintain, and improve infrastructure. The CIP includes a mix of projects designed and
managed exclusively by City staff, and projects that use consultant services. This on-call service
approach has been used successfully for many years, starting with survey services in 1998,
engineering, architecture, and other disciplines in 2007, and most recently expanding to include
mechanical design in 2019. The City’s CIP projects are mostly modest in size, and the RFQs
generally draws local consulting firms.
Request for Qualifications Selection and Contract Management
The Capital Asset Management Plan (Attachment B), completed in 2018, identified current and
future projects required to prolong the useful life of the City’s three parking structures. As such,
staff have identified the need for on-call structural engineering services, which will add
additional support for staff delivery of structural repair and rehabilitation projects across the city,
including Parking Structure maintenance. In consideration of the current economic conditions,
there are benefits to continuing this effort:
1. The recommended actions do not commit expenditure of City funds.
2. On-call contracts will reduce future costs to the City. When structural engineering work
is needed, Staff won’t have to go through another consultant to obtain these services and
pay subconsultant markups (10 to 15 percent).
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3. These contracts would provide minor economic stimulus components as it allows the City
to contract with multiple local structural engineering firms to provide engineering
designs.
4. Parking garages are critical infrastructure assets for the City. Proceeding with priority
projects with structural engineering support will result in lower long-term repair costs as
compared to the compounding costs from deferred maintenance.
It is therefore recommended that the City advertise for these services through the RFQ process.
The RFQ model is used to identify the skillset of the consultants submitting qualifications.
RFQs enable City staff to determine how those qualifications alight with future City projects.
This is different from the project-specific Request for Proposal (RFP) model. After evaluating
the RFQ submittal packages, the top consultants in each specialized area will be selected to enter
into an agreement with the City. Consultant selection is based on their demonstrated ability to
provide the services proposed in a timely manner with qualified staff. Once the selected
consultants enter into an agreement with the City, their services on an individual project are
implemented rapidly, without the need for an individual RFP. The selected consultant firms will
remain on contract for four (4) years, with the option to extend the contract one additional year.
The consultants will operate under the conditions of the agreement included in the RFQ.
Individual projects will be scoped by the City department most involved. The City’s Project
Manager will work with the consultant to determine the final cost for the services. The specific
project work will then be authorized via a Purchase Order through the Finance Department.
Policy Context
On-call services is a best practices approach to efficient project deliver y and consistent with
Section C of the City’s Municipal Code 3.24.070 Authority to Hire Consult ants.
Consistency with COVID-19 Orders and Current Fiscal Contingency Plan. This activity,
advertising for on-call RFQ services, is not prohibited under the State and Local emergency
orders associated with COVID-19. Additionally, this activity does not commit funding and is
therefore consistent with the Fiscal Health Contingency Plan. Completing this effort will put the
City in good position to release projects that will provide an economic benefit to the community.
Public Engagement
These RFQs will be advertised to the public. Specific public engagement will occur for each
specific project as needed and will conform to the City’s adopted Public Engagement Manual.
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. 15 378.
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FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $0 $0
State
Federal
Fees
Other:
Total $0 $0
There is no fiscal impact associated with establishing on-call service contracts with consultants,
because no specific funds are obligated under these contracts. After the agreements are executed
by the City Manager, scoping meetings and Purchase Order issuance will follow as needed to
implement the City’s Capital Improvement Plan. Work will be funded by individual project
accounts, within the authorized and appropriated project budgets.
ALTERNATIVES
Individual Project RFPs. Council can direct staff to proceed in a more traditional fashion by
issuing RFPs for each individual project in the process outlined by the City’s Purchasing
Guidelines. In this case, a company with greater experience in the specific work might be
attracted; however, this process is very time consuming and increases the work required for an
individual project, reducing overall project production. Staff does not recommend this approach
because it increases the time to implement individual contracts, while providing minimal benefit.
RFPs can still be issued on a case-by-case basis when specialized skills, not available through
on-call contracts, are needed.
Attachments:
a - Request for Qualifications - Structural Engineering Design Services
b - COUNCIL READING FILE - Capital Asset Management Plan
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Department Name: Community Development
Cost Center: 4001
For Agenda of: April 21, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Teresa McClish, Special Projects Manager
SUBJECT: AGREEMENT WITH ASCENT ENVIRONMENTAL TO PREPARE THE
COMPREHENSIVE HAZARD AND VULNERABILITY ASSESSMENTS
AND ADAPTATION STRATEGIES FOR THE GENERAL PLAN SAFETY
ELEMENT (RESILIENT SAN LUIS OBISPO)
RECOMMENDATION
Authorize the Community Development Director to enter into an agreement (Attachment A) with
Ascent Environmental in the amount of $287,500 (grant funded) to prepare the comprehensive
hazard and vulnerability assessments and adaptation strategies (Attachment B) for the General
Plan Safety Element update funded through the Caltrans Climate Change Adaptation Grant,
“Resilient SLO.”
DISCUSSION
Background
In May 2019 the City was awarded a climate change adaptation grant from Caltrans titled,
“Resilient San Luis Obispo” for $435,250 with a local in-kind staff time match valued at
approximately $56,400 over a three-year period. The staff time match has been allocated to
implement objectives and work program tasks in the Climate Action and Housing Major City
Goals in the 2019- 21 Financial Plan, including an update to the Safety Element of the General
Plan. The grant will fund consultant assistance to conduct a comprehensive assessment of the
community’s vulnerability to the impacts of climate change and support the update to the Safety
Element of the General Plan to include a strong adaptation and resilience focus.
On January 21, 2020, the Council approved a contract with the Local Government Commission
(LGC) to support much of the work. LGC is a co-applicant on the grant and their contract was
required to formalize the roles and responsibilities associated with work under the grant.
On February 10, 2020 the City released a Request for Proposals (RFP) for work emphasizing the
hazard and vulnerability assessments and adaptation strategy work, including technical modeling
and analyses for the project (Attachment C). Three proposals were received on the due date of
March 2, 2002. A team of reviewers was assembled that included staff from Pubic Works,
Engineering, the Office of Sustainability, Planning, and LGC, as well as representatives from
another City and the private sector. Ascent was selected after proposals and interviews were
rated.
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Approval of the contract will allow Ascent to begin work on the project in coordination with the
LGC and City staff on preparation of the comprehensive hazard and vulnerability assessments
and adaptation strategies for the General Plan Safety Element update.
Previous Council or Advisory Body Action
On October 15, 2018, Council authorized staff to submit a grant application for this program and
further affirmed a commitment to updating the Safety Element of the General Plan as part of the
2019- 21 budget, as approved on June 3, 2019. On August 20, 2019, Council approved a
resolution accepting the Caltrans Climate Change Adaptation Planning Grant. On January 21,
2020 the Council awarded a contract with the LGC.
Policy Consistency
Major City Goals
The Climate Action and Housing core priority Major City Goals in the 2019- 21 Financial Plan
include an update to the Safety Element of the General Plan.
Safety Element
State law requires policies in a safety element to identify hazards and emergency response
priorities, as well as mitigation through avoidance of hazards by new projects and reduction of
risk in developed areas. As California confronts mounting climate change impacts, local
governments are now required, in accordance with Senate Bill 379, to include a climate change
vulnerability assessment, measures to address vulnerabilities, and comprehensive hazard
mitigation and emergency response strategies. AB3065 and SB 1241 require safety element
requirements for state responsibility areas and very high fire hazard severity zones. There are
also several closely related statutory requirements with most General Plan elements, specifically,
the Land Use, Conservation and Housing Elements.
Consistency COVID-19 Orders and Current Fiscal Contingency Plan.
This activity, safety planning and building community resiliency, is presently allowed under the
State and Local emergency orders associated with COVID-19. Work products, timelines and
88.53% grant funds and 11.47% in-kind staff match for this Project have been approved through
a Restricted Grant Agreement with Caltrans.
Public Engagement
The update to the Safety Element of the General Plan is included as a work task in the 2019- 21
Climate Action Major City Goal (MCG) and Housing MCG. The MCGs were developed as part
of an extensive and comprehensive public engagement process.
CONCURRENCE
The Office of Sustainability secured this grant and are working with Community Development
on the project and the MCG work task and concurs with this report.
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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: 2019-20
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
State $287,500 $287,500 $0
Federal 0
Fees 0
Other: 0
Total $287,500 $287,500 $0
This project is supported by a $435,250 grant from Caltrans. The Agreement for LGC’s services
encumbers $147,750 of the grant. The Agreement for Ascent Environmental encumbers the
remaining grant funds ($287,500). The $56,000 required grant match from the City is provided
through staff time including the project manager in Community Development, support staff from
the Office of Sustainability and the Fire Department, and support staff throughout the City over
the three year project and is included in the existing City Financial Plan.
ALTERNATIVES
Council could choose not to authorize the agreement. Staff does not recommend this action as
this would require significant staff resources to manage the grant and prepare the General Plan
Safety Element update, without valuable technical expertise offered through Ascent
Environmental.
Attachments:
a - Agreement with Ascent Environmental
b - COUNCIL READING FILE - Exhibit A to Agreement with Ascent Environmental
c - Request for Proposals
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Agreement Page 1
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____day of ______,
2020 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City,
and Ascent Environmental hereinafter referred to as Contractor or Consultant.
W I T N E S S E T H:
WHEREAS, on August 20, 2019, the City Council accepted a Climate Change Adaptation Grant (Grant)
from the California Transportation Commission in order to conduct an assessment of the commun
to the impacts of climate change and update the Safety Element of the General Plan to include a strong adaptation
and resilience focus.; and
WHEREAS, on January 21, 2020, they City Council approved a contract with the Local Government
Commission, a co-applicant on the grant,for a portion of the work required for the project including support for
project management, an audit of current adaptation policies, a capacity and coordination assessment and community
outreach and education along with subject-matter expertise throughout the duration of the project ;
WHEREAS, The City distributed a Request For Proposals for the project on February 10, 2020 to prepare
the hazard and vulnerability assessments and adaptation strategies in support of the General Plan Safety Element
update;
WHEREAS, after a competitive selection process, the City wants to engage the services of Ascent
Environmental for the project as outlined in the Request for Proposals; and
WHEREAS, Contractor is qualified to perform this type of service and has submitted a cost proposal to do
so which has been accepted by City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered,
as first written above, until as first written above, until acceptance or completion of said services.
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Agreement Page 2
2.INCORPORATION BY REFERENCE The Contractor scope of work incorporated in and
made a part of this Agreement a ttached as Exhibit A. The City conditions are hereby incorporated in an
made a part of this Agreement as Exhibit B. The City insurance requirements and contractor s proof of insurance
are hereby incorporated in and made part of this Agreement attached as Exhibit C. To the extent that there are any
conflicts between the Contractor scope of work and the City rms and conditions, the City
conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3.CITY'S OBLIGATIONS. For providing services as specified in this Agreement,City agrees to
cooperate with Consultant in the completion of the work described in the Scope of Work attached her eto and
incorporated by reference. City will pay and Consultant shall therefore receive payments in accordance with that
scope of work for the total sum of $287,500.
4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide all specified
services as set forth in the Scope of Work attached hereto and incorporated herein by this reference. Consultant may
not amend the Scope of Work, either to modify provisions or to add or delete provisions, without prior written
consent of the City's Project Manager.
5.AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the authorized agent of the City, in compliance with
City policies.
6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties
hereto.
7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City of San Luis Obispo
919 Palm Street
San Luis Obispo,CA 93401
Attn: Michael Codron, Community Development Director
Contractor Ascent Environmental
455 Capitol Mall, Suite 300
Sacramento, CA 95814
Attn: Honey Walters, Principal
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Agreement Page 3
8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and em powered to execute
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrumen t to be executed the day and year
first above written.
CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:_____________________________________
Heidi Harmon, Mayor
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:Ascent Environmental
________________________________By: _____________________________________
City Attorney
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1.Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of
paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing
between the parties. If the Agreement is entered into outside of a Request for Proposal,
Contractor shall provide proof of insurance in the form in the form coverages and amounts
specified in Exhibit B
2.Business License & Tax. The Contractor must have a valid City of San Luis Obispo
business license & tax certificate before execution of the contract. Additional information
-7134.
3.Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with all federal, state, county, city, and special
district laws, ordinances, and regulations.
4.Laws to be Observed. The Contractor shall keep itself fully informed of and shall
observe and comply with all applicable state and federal laws and county and City of San Luis
Obispo ordinances, regulations and adopted codes during its performance of the work.
5.Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Contractor is required to pay.
6.Permits and Licenses. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
7.Safety Provisions. The Contractor shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
8.Public and Employee Safety. W
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or damage
or injury to the public and employees.
9.Preservation of City Property. The Contractor shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
good as when the Contractor began work.
10.Immigration Act of 1986. The Contractor warrants on behalf of itself and all
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subcontractors engaged for the performance of this work that only persons authorized to work in
the United State pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
11.Contractor Non-Discrimination. In the performance of this work, the Contractor
agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex, national origin or
ancestry, sexual orientation, or religion of such persons.
12.Work Delays. Should the Contractor be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or by
strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
periods as may be agreed upon by the City and the Contractor. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the City
may, at the time of acceptance of the work, waive liquidated damages that may have accrued for
failure to complete on time, due to any of the above, after hearing evidence as to the reasons for
such delay, and making a finding as to the causes of same.
13.Payment Terms.
invoice and acceptance by the City of the materials, supplies, equipment, or services provided by
the Contractor (Net 30).
14.Inspection. The Contractor shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any,
nspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
15.Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Contractor in preparing its invoices to City as a condition precedent to
any payment to Contractor.
16.Interests of Contractor. The Contractor covenants that it presently has no interest, and
shall not acquire any interest direct, indirect or otherwise that would conflict in any manner
or degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
17.Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by
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law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant
shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
f the operations
or damage arising from the sole negligence or willful misconduct of the City. In the event the
City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services
paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including,
but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify,
defend, and hold harmless the City, and its elected officials, officers, employees,volunteers, and
perform its obligations under this Agreement or out of the operations conducted by Consultant,
except for such loss or damage arising from the active negligence, sole negligence or willful
misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit,
burse the
City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of
such claims.
(c) Design Professional Services
Scope of Services require Consultant t
are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B.
To the fullest extent permitted by law (including, but not limited to California Civil Code
Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its
against all claims, damages, injuries, losses, and expenses including costs,attorney fees, expert
consultant and expert witness fees arising out of, pertaining to or relating to, the negligence,
recklessness or willful misconduct of Consultant, except to the extent caused by the sole
negligence, active negligence or willful misconduct of the City. Negligence, recklessness or
willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed
to be the negligence, recklessness or willful misconduct of Consultant unless adequately
corrected by Consultant. In the event the City Indemnitees are made a party to any action,
option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees,
incurred in defense of such claims. In no event shall the cost to defend charged to Consultant
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ever,
notwithstanding the previous sentence, in the event one or more defendants is unable to pay its
share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with other parties regarding unpaid defense costs.
obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract
relating to insurance.
18.Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
19.Termination for Convenience. The City may terminate all or part of this Agreement for
any or no reason at any time by giving 30 days written notice to Contractor. Should the City
terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or
off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total
purchase price; (b) for custom products, the less of a reasonable price for the raw materials,
components work in progress and any finished units on hand or the price per unit reflected on
this A
will be the lesser of a reasonable price for the services rendered prior to termination, or the price
for the services reflected on this Agreement. Upon termination notice from the City, Contractor
progress and finished goods.
20.Termination. If, during the term of the contract, the City determines that the Contractor
is not faithfully abiding by any term or condition contained herein, the City may notify the
Contractor in writing of such defect or failure to perform. This notice must give the Contractor a
10 (ten) calendar day notice of time thereafter in which to perform said work or cure the
deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
and
effect, and shall not be extinguished, reduced, or in any manner waived by the terminations
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs u
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
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the Agreement payment schedule; compensation for any other work, services or goods
value of the work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
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1
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
REQUEST FOR PROPOSALS
Resilient San Luis Obispo: Comprehensive Vulnerability Assessment and
Adaptation Strategy in Support of the General Plan Safety Element Update
Specification No. 2020-1000145
RFP Issued: February 10, 2020
Proposals Due: March 2, 2020 at 3:00 PM PST
City of San Luis Obispo in partnership with Local Government Commission is requesting sealed
proposals for the following purpose according to the terms and conditions attached for
Specification No. 2020-1000145. The purpose of this Request for Proposal is to solicit bids from
qualified entities with in-depth expertise on and experience in developing vulnerability
assessments and adaptation plans. The Consultant’s primary tasks will be to prepare a
Comprehensive Vulnerability Assessment and to develop an Adaptation Strategy in support of
the General Plan Safety Element Update. Proposals shall not exceed $287,500.
All firms interested in receiving further correspondence regarding this RFP will be required to
complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). Specification packages and additional information may be
obtained by contacting Teresa McClish at (805) 783-7840, or via email at tmcclish@slocity.org.
An optional pre-proposal teleconference will be held on February 18, 2020 to answer any
questions that the prospective proposers may have regarding the City’s request for proposals.
All proposals must be received electronically in BidSync by the Finance Division by
March 2, 2020 at 3:00 PM Proposals received after said time may not be considered. The
preferred method of submission is electronically via BidSync. If you wish to send a hard copy to
guard against premature opening, each proposal shall be submitted to the Department of
Finance in a sealed envelope plainly marked with the proposal title, project number, proposer
name, and time and date of the proposal opening. Proposals shall be submitted using the forms
provided in the project package.
This project is funded through a Caltrans SB-1 Climate Adaptation Planning Grant awarded to
City of San Luis Obispo. Local Government Commission is a grant subrecipient and will assist
with the management and implementation of this project in coordination with the City.
ACTIVITY PROPOSER CITY SCHEDULE
RFP Release X February 10, 2020
Pre-Proposal Conference (optional) X February 18, 2020, 3:30 - 4:30 PM
Responses due X March 2, 2020, 3:00 PM
Interview consultants (If needed) X X March 9-12, 2020
Consultant selection X March 19, 2020
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2
Contract execution and start work X X April 28, 2020
TABLE OF CONTENTS
A. Introduction 1
Project Background 1
Project Team 3
Project Scope 4
B. Proposal Requirement and Evaluation
General Terms and Conditions
Proposal Content
Proposal Evaluation and Consultant Selection
Contract Award and Execution
Contract Performance
C. Form of Agreement
D. Insurance Requirements
E. Proposal Submittal Forms
References
Past Contract Disqualifications
G. Informational Resources
Caltrans Grant Agreement
General Plan
Waterway Master Plan
City Flood Control Program
City Active Transportation Plan Status
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Section A
INTRODUCTION
1. PROJECT BACKGROUND
The City of San Luis Obispo’s transportation network is critical for regional and statewide
connectivity, including all north/south traffic on Highway 101 and State Route 1. With the City
serving as the region's economic hub with connectors to surrounding communities, risks to the
transportation system have significant implications for people's livelihood and safety, particularly
for the large parts of the City that are considered low-income under AB 1550’s designation.
Recent studies, particularly the Central Coast Region Report (2018) completed as part of
California’s Fourth Climate Change Assessment, reveal that the City (and the region as a
whole) are at risk or can anticipate increased risks including exposure to wildfire, a 7-8 degree
annual average maximum and minimum temperatures by the end of century relative to the
historical period, an average of 26-50 extreme heat days between 2070-2099, and changing
precipitation patterns. Known hazards are just the tip of the iceberg of exposures to climate-
related hazards faced by the City and its transportation system, as risks are expected to grow
as the result of climate change and shifting transportation needs and systems. Furthermore,
with the risk of wildfire and flooding increasing in severity and frequency over time, the City must
ensure that the transportation system is prepared and adapted to serve as reliable evacuation
routes - not just for City residents, but for surrounding communities and the region at-large.
Resilient San Luis Obispo aims to take a comprehensive approach to transportation and
community adaptation for the City and its regional connections. This project takes a data-driven
approach, utilizing best-available science with robust community engagement, to integrate
activities along the adaptation planning continuum and address a variety of community
sustainability and resilience objectives, including:
• Adopting a comprehensively updated Safety Element of the General Plan based on
best-available climate science that provides a broad and effective policy framework for
reducing the City’s transportation system’s risk to the impacts of climate change.
• Identifying and assessing vulnerabilities across the City’s existing and planned
transportation system, physical assets, and social and economic conditions to identify
current and projected areas of risk and vulnerability.
• Engaging residents and stakeholders, particularly from low-income, disadvantaged, and
hard-to-reach populations, to gather input on key vulnerabilities to address and priority
adaptation measures to pursue.
• Informing residents and stakeholders of current and future climate vulnerabilities, as well
as adaptation best practices that can be pursued at the community or individual level.
• Identifying the City committees and bodies responsible for transportation, public health
and safety, and community resilience, as well as community organizations working on
climate change issues, and assess their capacity and understanding of adaptation and
resilience.
• Identifying and prioritizing adaptation strategies across transportation, public health and
safety, and community resilience sectors that can respond to existing and projected risks
and evaluating each adaptation measure based on impact and feasibility.
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• Developing an Integration Guide and Work Plan that identifies resources and staffing
requirements and assignments for implementation of the Adaptation Plan and aiming to
apply model policies and ordinances and integrate adaptation considerations into the
City’s budgeting process.
2. PROJECT TEAM
City of San Luis Obispo (City) is the grant recipient and has the prime agreement with
Caltrans. The City is providing staffing support for the project and will have overall responsibility
for the project. The City will review grant products and perform grant administration functions
including executing sub-contracts with Consultant(s). Staff will coordinate with project partners
and other key stakeholders, provide data and policy documents, participate in community and
local agency workshops, review all work products, direct revisions, and oversee the overall
project with assistance from the Local Government Commission.
Teresa McClish, Special Projects Manager, is the project lead for the City and will be assisted
by City staff from the Office of Sustainability, and the Community Development and Fire
Departments.
Local Government Commission (LGC) will assist with overall project management and
coordination of the project. LGC will lead the audit of adaptation policies under Task 3, support
the development of a Public Safety/Adaptation Plan and Implementation Guide under Task 4,
lead a capacity and coordination assessment under Task 6, and provide subject-matter
expertise throughout the duration of the project. LGC will also place a CivicSpark Fellow locally
with the City to support various aspects of the project.
Julia Kim, Director of Climate and Energy Programs, is the project lead for the LGC. LGC will
serve as the overall project manager for the Resilient San Luis Obispo project
Consultant(s): The selected Consultant (or team of consultants) will work collaboratively with
all project partners and lead all aspects of Task 2, which includes assessing current and future
hazards and conducting a comprehensive vulnerability assessment, and Task 5, which includes
developing a menu of adaptation strategies and an update to the safety element of the City’s
general plan. Additionally, at a minimum, the Consultant is also expected to work with project
partners to ensure alignment and coordination across all project activities and deliverables, and
will be asked to participate in community engagement and education activities, support the
design of agency capacity building activities, and provide expert review of other project
deliverables.
Additional partners will be engaged throughout the implementation of the project, including
San Luis Obispo Council of Governments (SLOCOG), other local, regional, and State agencies,
community-based organizations, and various subject-matter experts.
3. PROJECT SCOPE
Successful proposals will address all aspects of the Consultant-led tasks included in the Full
Project Scope below and identify opportunities for further enhancement and engagement on
tasks led by the City or LGC based on the Consultant’s qualifications, expertise, and
experience. Proposed budgets may not exceed $287,500 and will be considered final if
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selected. All work must be completed by February 28, 2022, and proposals should assume a
start date of April 28, 2020.
Key Consultant-led tasks and deliverables include the following:
1. Leading all aspects of conducting a vulnerability assessment (Task 2), which includes:
a. Conducting a Current and Future Hazards Assessment
b. Conducting a Comprehensive Vulnerability Assessment
c. Developing a Hazards and Vulnerabilities Report
2. Leading all aspects of developing Adaptation Strategy and update to the Safety
Element (Task 5), which includes:
a. Developing a menu of adaption options and strategies
b. Developing General Plan Safety Element adaptation and resilience policies and
implementation measures including cost estimates, timelines and funding and
financing options to pursue
c. Developing an integration guide and a series of workplans for the top three
prioritized implementation activities
3. Working with project partners to support community engagement and education
activities through direct participation and ensuring community input and priorities are
reflected in Consultant-led tasks and deliverables.
4. Supporting other aspects of the project to ensure continuity and alignment in final work
products by working closely with the City, LGC, and other key stakeholders
FULL PROJECT SCOPE OF WORK
The proposed scope of work must align with the numerical tasks of the full project scope and, at
minimum, include the Consultant-led tasks and deliverables defined below.
1. Project Initiation and Coordination
The City or LGC will lead all aspects of Task 1. The Consultant is expected to participate
in Tasks 1.3 and 1.5.
Task 1.1: Kickoff Meeting with Caltrans
• Hold kickoff meeting with Caltrans District staff to discuss overall project goals,
objectives, invoicing, progress reports, and grant procedures, as well as to
establish overall project expectations and requirements.
• Responsible Party: City
• Deliverable(s): Meeting summary
Task 1.2: Subcontract with Sub-Applicant
• Prepare a subcontract with the Local Government Commission (LGC), the sub
applicant on this grant that will assist with project management and lead several
project tasks.
• Responsible Party: City
• Deliverable(s): Copy of executed subcontract
Task 1.3: Project Charter and Kickoff
• Coordinate with City staff to develop a Project Charter, which will include the final
project timeline, milestones, deliverables, key contacts, communication protocols,
team expectations, and other elements to guide the project team.
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• Organize a project team kickoff meeting after the consultant is hired to review the
Project Charter, clarify roles and expectations, and discuss initial tasks. The
meeting may be conducted in-person or virtually.
• Responsible Party: LGC
• Deliverable(s): Project Charter
Task 1.4: Request for Proposals and Contracting with Consultants
• Conduct a full Request for Proposals process that follows the proper
procurement procedures established by Caltrans. RFP will be distributed and
consultant(s) interviews will be conducted. A consultant (or team of consultants)
will be selected and contracts will be negotiated and fully executed.
• Responsible Party: City
• Deliverable(s): Copy of procurement procedures and executed consultant
contract(s)
Task 1.5: Project Coordination
• Conduct regular project team meetings to ensure ongoing coordination on project
tasks and deliverables, foster collaboration, and exchange relevant information
and resources. Develop meeting agendas and summaries, and coordinate with
team members to follow up on requests, actions, and needs identified at each
meeting.
• Identify and utilize project management tools to support ongoing coordination
between team meetings.
• Work with City staff and Consultant(s) to ensure that the project remains on time
and within the allocated budget.
• Responsible Party: LGC
• Deliverable(s): Meeting summaries
2. Existing and Projected Conditions
The Consultant will be responsible for all aspects of Task 2, which is focused on
conducting a comprehensive vulnerability assessment to ensure robust understanding of
current and future hazards and vulnerabilities specific to the City, as well as to ensure all
work products are based on best-available science and local data. Activities conducted
under this task will be continuously informed by community input gathered under Task 4,
which will be conducted in parallel with this task, and will inform Task 5.
Task 2.1: Current and Future Hazards Assessment
• Review existing hazard assessments including the City's 2014 Local Hazard
Mitigation Plan, the in-process countywide hazard mitigation plan and publicly
available hazard maps to build foundational understanding of existing hazards.
• Coordinate with related City planning efforts, such as the Community Planning
Assistance for Wildfire that will produce downscaled wild land urban interface
wildfire maps, in order to maximize the outcomes of this project and to seek
alignment across City planning.
• Conduct additional research to compile data, models, and maps identifying
exposure to natural (e.g., wildfire, seismic activity, drought, flood, extreme heat)
and man-made (e.g. diablo canyon, urban conflagration) hazards.
• Review existing resources (e.g. Cal-Adapt, California Fourth Assessment climate
change reports, etc.) and conduct primary climate research where necessary to
project future climate change influenced hazards. Activities will include hydrologic
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modeling of flood prone creeks (San Luis Obispo Creek and Prefumo Creek) and
certain urban areas under expected future precipitation regimes; downscaled
heat modeling; regional wind modelling; and site-specific wildfire risk modeling.
• Responsible Party: Consultant
• Deliverable(s): Summary memos, map(s), and model(s) for each hazard area
Task 2.2: Comprehensive Vulnerability Assessment
• Compile known and planned transportation assets into a single GIS dataset
(including active transportation, roadways, transit, and Caltrans facilities).
Overlay hazard maps on identified assets to evaluate areas of vulnerability.
• Evaluate existing transportation routes, including evacuation routes and primary
commuter routes, and assess risks and vulnerabilities due to climate change and
other critical hazards identified.
• Identify communities and individuals with inadequate access to transportation,
particularly public transit and alternative modes of transportation.
• Based on community priorities, identify 3-5 priority transportation assets to
develop a full risk profile for, including the cost of inaction.
• Evaluate a range of community characteristics, including poverty and
unemployment rates, aging populations, and other key characteristics that may
suggest greater sensitivity to change, including climate variability, to assess
community's adaptive capacity.
• Identify both current and likely future demographic and economic conditions and
systematically assess social and economic vulnerability to known hazards with
an emphasis on how the City's transportation system's functionality is vulnerable
to the expected confluence of climate, economic, and social changes.
• Assess how existing transportation system inadequacies also exacerbate social
and economic vulnerabilities.
• Evaluate how the City's climate risks and vulnerabilities impact the region's
broader economic resilience and vitality.
• Compile known and planned physical assets (e.g. wastewater treatment, critical
facilities, and public assets) into a single GIS dataset. Overlay hazard maps with
assets to identify areas of vulnerability.
• Evaluate interconnectedness of critical infrastructure and transportation system,
and develop a prioritization hierarchy for addressing risks and vulnerabilities
identified.
• Based on community priorities, identify 3-5 priority physical assets to develop a
full risk profile for, including the cost of inaction.
• Responsible Party: Consultant
• Deliverable(s): Risk Profiles for transportation, physical assets, and
• social and economic conditions; GIS datasets
Task 2.3: Hazards and Vulnerabilities Report
• Based on Hazards Assessment (Task 2.1) and Vulnerability Assessment (Task
2.2), develop a comprehensive Hazards and Vulnerabilities Report, including a
standalone summary report of key findings.
• Compile GIS datasets to produce a comprehensive map that highlights asset-
and risk-specific data and models.
• Develop a presentation kit that can be utilized to educate and inform local elected
officials, City staff, regional agencies, and the community at-large. At minimum,
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the kit will include digestible summary memos, a PowerPoint presentation, and a
poster.
• Responsible Party: Consultant
• Deliverable(s): Hazards and Vulnerabilities Report; summary report; maps;
summary memos; PowerPoint presentation; poster
3. Adaptation Policy Audit
LGC will lead all aspects of Task 3, working closely with City staff and with input and
review from the Consultant.
Task 3.1: Local Policy Audit
• Review existing City plans, programs, and policies (e.g. general plan, climate
action plan, local ordinances, permitting, and zoning), as they relate to adaptation
and/or transportation planning, to assess the City’s current approach to
community resilience and maintaining an economically viable and socially just
community in the face of systems disturbance.
• Develop a policy crosswalk to identify areas of misalignment and/or potential for
improvement to increase adaptive capacity and build community resilience,
including strategies discussed across multiple plans that should be prioritized by
the City.
• Based on the policy audit and crosswalk, establish a clear vision for community
resilience that City departments can adopt as a guiding compass
• Responsible Party: LGC
• Deliverable(s): Summary of plans and policies reviewed; policy crosswalk;
community resilience vision
Task 3.2: State Law Compliance Timeline
• Identify local policy and planning requirements, as they relate to adaptation and
transportation, in order to comply with and go beyond existing state laws and
mandates to serve as a model for the region and state.
• Define local goals and objectives as they relate to State legal requirements and
broader State targets to identify priority strategies to achieve both locally-defined
and state-mandated goals.
• Establish a timeline for alignment and compliance while conducting a crosswalk
of other City goals, plans, and existing policies and programs.
• Responsible Party: LGC
• Deliverable(s): Summary of state laws; timeline for alignment and compliance
4. Community Outreach and Education
LGC will lead all aspects of Task 4, working closely with City staff and with input, review
and participation from the Consultant.
Task 4.1: Community Outreach Plan
• Develop a Community Outreach Plan that details steps that will be taken to reach
out to and engage community members. The Plan will include:
o A list of key stakeholders to involve and engage, including public officials
and agency staff, businesses, service organizations, community
organizations, neighborhood leaders and residents, the school district and
nearby schools, property owners, and other interest groups that reflect
the demographics and perspectives of the San Luis Obispo community.
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o An evaluation of various community engagement strategies, including
surveys, pop-ups, traditional workshops, community design charrettes,
webinars, and festive activities that can be utilized.
o A schedule of community engagement activities with timing for release,
distribution, and placement of publicity items, with a goal of conducting a
series of activities throughout the duration of the project (e.g. input,
feedback, and dissemination).
o A list of potential co-sponsors and co-promoters to assist with outreach
and procurement of additional materials (e.g. food, prizes, and
entertainment) to maximize participation and positive input at community
events.
• Responsible Party: LGC
• Deliverable(s): Community Outreach Plan
Task 4.2: Community Engagement Activities
• Conduct at least 4 community engagement activities to solicit input on community
needs, concerns, and priorities in regard to transportation infrastructure and
services, climate hazards and vulnerabilities, and other sectors and factors
critical to achieving community resilience, mobility, and social justice goals.
Promote community resilience vision developed as part of Task 3.1 to gain
support from broader community.
• Produce and distribute outreach materials in English, Spanish, and other
languages as needed to encourage broad public participation. Secure translation
services, as needed, for community engagement activities.
• Identify additional stakeholder groups to conduct targeted meetings with such as
local tribes, health professionals, major industries and employers, and regional
agencies.
• Develop meeting summaries to inform the development of the Public
Safety/Adaptation Plan and Implementation Guide (Task 5).
• Responsible Party: LGC
• Deliverable(s): Agendas, summaries, and participant lists from 4 events
Task 4.3: Educational Events
• Host at least 4 climate science and adaptive capacity building events for the
public with the aim of educating community members about current and future
climate vulnerabilities in the City, and public safety and adaptation best practices
that can be pursued at the community and/or individual level. Promote
community resilience vision developed as part of Task 3.1 to gain support from
broader community.
• Evaluate different types of events that can be organized to appeal to different
types of stakeholders (e.g. trivia night, lecture series, and videos).
• Coordinate with external organizations (e.g. Central Coast Climate Collaborative,
NOAA, USGS, and Cal Poly, San Luis Obispo) to identify educational materials,
programs, or events that could be provided to the public.
• Responsible Party: LGC
• Deliverable(s): Agendas, summaries, and participant lists from 4 events
5. Safety Element of the General Plan
The Consultant will be responsible for all aspects of Task 5, which is focused on
developing an update to the Safety Element of the City’s General Plan and will be
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informed by all findings and products from previous tasks. Although focused on the
Safety Element, this task will inform numerous in-process and upcoming planning
projects including the City's Active Transportation Plan, Housing Element of the General
Plan, Parking and Access Plan, and other relevant plans.
Task 5.1: Menu of Adaptation Options
• Establish specific adaptation goals, objectives, and targets based on Hazards
and Vulnerabilities Assessment (Task 2), local policy audit (Task 3), overarching
community resilience vision (Task 3), and public input (Task 4). Consider City's
role in the regional economy, as the primary location of major employers, and the
need to ensure transportation networks are well-adapted for both residents and
commuters who rely upon infrastructure and services. Include specific targets
that achieve both adaptation and transportation goals.
• Develop potential adaptation strategies that address current and future hazards
and vulnerabilities in a changing climate, while addressing community priorities.
Review existing resources including Cal-Adapt, the Adaptation Clearinghouse,
Fourth Assessment reports, the Adaptation Planning Guide, and local adaptation
plans to develop a menu of options.
• Working closely with City staff, rank adaptation strategies based on feasibility,
impact, and other key criteria determined to identify priority strategies for
inclusion in Adaptation Strategy. At minimum, priority strategies should be
financially feasible and socially just, and align with community input gathered.
• Responsible Party: Consultant
• Deliverable(s): Matrix of adaptation options
Task 5.2: Safety Element of the General Plan Update
• Develop General Plan adaptation and resilience strategies that identify short-,
medium-, and long-term adaptation actions and opportunities. Based on
feasibility analysis (Task 5.1), provide recommendations for overcoming any
obstacles or barriers identified. For each action, include, at minimum, a cost
estimate, high-level timeline for implementation, and the City department that
should lead or coordinate.
• Consider interdependencies between City and neighboring jurisdictions to
identify policies and actions that should be pursued at the regional scale.
• Assess funding and financing options available to pursue priority strategies
identified, including Federal, State and Local grants, local tax measures, PACE
financing, EIFDs, Opportunity Zones, and other innovative funding and financing
mechanisms.
• Responsible Party: Consultant
• Deliverable(s): Draft Update to the Safety Element
Task 5.3: Integration Guide and Work Plans
• Develop an Integration Guide, working closely with City staff, for the integration
of the Safety Element adaptation and resilience strategies with the Capital
Improvement Plan, operational budgets, biennial financial plans, and other key
plans and procedures identified by the City.
• Identify and/or develop model policies, ordinances, and resolutions to begin
implementing policy and process changes committed to in the Safety Element.
Policies should respond to existing and future hazards and vulnerabilities across
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key sectors including transportation, public health and safety, natural resources,
and community development.
• Work with City to identify staffing requirements and assignments, and develop
detailed work plans to implement the top three prioritized implementation actions
identified in the Adaptation Strategy.
• Responsible Party: Consultant
• Deliverable(s): Integration Guide; work plans
6. Capacity Building
LGC will lead all aspects of Task 6, working closely with City staff and with input and
review from the Consultant.
Task 6.1: Capacity and Coordination Assessment
• Review purviews of all City departments, committees, and bodies to assess who
is responsible for transportation, public health and safety, and community
resilience; their capacity and understanding of adaptation and resilience; and the
level of coordination across the City bodies.
• Interview City staff, regional agencies, climate change organizations, community-
based organizations, and other key stakeholder groups to increase
understanding of roles, capacity, and interest in coordination.
• Develop an “organizational chart” that provides a full picture of public and non-
public agencies working on climate issues and provide a set of recommendations
for improving coordination efforts.
• Responsible Party: LGC
• Deliverable(s): Org chart; summary of roles/capacity; recommendations memo
Task 6.2: Capacity Building Activities
• Based on the ecosystem of various entities, stakeholders, and organizations
working on public safety and adaptation, conduct internal capacity building
activities including at least 4 seminars, workshops, webinars, and/or coordination
meetings for City staff to increase understanding of climate risks, discuss priority
adaptation strategies, institutionalize adaptation principles, and establish internal
coordination processes.
• Establish mechanisms for ongoing coordination and collaboration for City staff to
engage with key external stakeholders (e.g. Central Coast Climate Collaborative,
FEMA, Cal FIRE, and regional transit agencies).
• Promote community resilience vision developed as part of Task 3.1 to gain
support from City leaders and staff across departments.
• Responsible Party: LGC
• Deliverable(s): Meeting agendas; meeting summaries; participant lists
Task 6.3: Statewide Dissemination
• Coordinate with key project partners to write a summary report to help other
jurisdictions learn from the project and replicate it throughout the state.
• Share results and report with other climate adaptation focused groups including
the Alliance of Regional Collaboratives for Climate Adaptation and its member
collaboratives in the Central Coast, North Coast, Sacramento Capital Region,
San Francisco Bay Area, Sierra Nevada, Los Angeles County, and San Diego
County.
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• Hold at least one webinar to share project results, with target audience of local
jurisdictions and agencies in the Central Coast region, Caltrans staff,
transportation agencies, public health groups, and other key stakeholders
throughout California.
• Develop a case study for ICARP for inclusion in Adaptation Clearinghouse and to
further disseminate project results and key findings.
• Responsible Party: LGC
• Deliverable(s): Project summary report; webinar; case study
7. Administration
The Consultant will provide clear and detailed invoices and reports to the City on a
quarterly basis.
Task 7.1: Invoicing
• Provide clear and detailed invoices to the City on a quarterly basis.
• Responsible Party: Consultant
• Deliverable(s): Quarterly invoices
Task 7.2: Reporting
• Provide clear and detailed invoices to the City on a quarterly basis.
• Responsible Party: Consultant
• Deliverable(s): Quarterly reports
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Section B
PROPOSAL REQUIREMENTS AND EVALUATION
1. GENERAL TERMS AND CONDITIONS
1. Requirement to Meet All Provisions. Each individual, firm, or team of firms submitting
a proposal (proposer) shall meet all of the terms and conditions of the Request for
Proposals (RFP) specifications package. By virtue of its proposal submittal, the
proposer acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental
materials. All proposals must be received via BidSync by the Department of by 3:00 PM
PST on March 2, 2020. Proposals received after said time may not be considered. The
preferred method of submission is electronically via BidSync. If you wish to send a hard
copy to guard against premature opening, each proposal shall be submitted to the
Department of Finance in a sealed envelope plainly marked with the proposal title,
project number, proposer name, and time and date of the proposal opening. Proposals
shall be submitted using the forms provided in the project package. In addition to mailing
or delivering a hard copy of the full proposal, proposers must send a digital copy of the
full proposal to Teresa McClish at tmcclish@slocity.org. The digital copy of the proposal
will not be accepted if the Department of Finance does not receive the full proposal by
the deadline indicated above.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’s
insurance coverage during proposal evaluation; as discussed under paragraph 12
below, endorsements are not required until contract award. The City’s insurance
requirements are detailed in Section D.
4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the
quantities indicated and the lump sum prices quoted by the proposer must be entered in
figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid
shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If
the unit price and the total amount stated by any proposer for any item are not in
agreement, the unit price alone will be considered as representing the proposer's
intention and the proposal total will be corrected to conform to the specified unit price.
Proposal budgets must not exceed $287,500.00. The total proposal budget amount
included in the selected Consultant’s proposal will be considered final and non-
negotiable.
5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without
prejudice prior to the time specified for the proposal opening, by submitting a written
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request to the Director of Finance for its withdrawal, in which event the proposal will be
returned to the proposer unopened. No proposal received after the time specified or at
any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will
be considered. All proposals will be opened and declared publicly. Proposers or their
representatives are invited to be present at the opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be
allowed to make or file, or to be interested in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business
entity that has submitted a sub-proposal to a proposer submitting a proposal, or who has
quoted prices on materials to such proposer, is not thereby disqualified from submitting a
sub-proposal or from quoting prices to other proposers submitting proposals.
7. Cooperative Purchasing. During the term of the contract, the successful proposer will
extend all terms and conditions to any other local governmental agencies upon their
request. These agencies will issue their own purchase orders, will directly receive goods
or services at their place of business and will be directly billed by the successful
proposer.
8. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not
encouraged but will be permitted. However, any such oral communication shall not be
binding on the City.
2. PROPOSAL CONTENT
Proposals must include the following information:
1. Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three public agencies for whom you have provided
similar services.
2. Qualifications
a. Experience of your firm and those of sub-consultants in performing work and
projects relevant to the Scope of Services outlined and described in the request.
b. Description of tangible outcomes resulting from past projects with public
agencies beyond the development of contracted deliverables. Demonstrate how
your work has been actionable and impactful beyond the completion of your
previous deliverables.
c. Expertise in climate change, vulnerability assessments, and adaptation planning.
d. Resumes of the individuals who would be assigned to this project, including any
sub-consultants, with their corollary experience highlighted and specific roles in
this project clearly described.
e. Standard hourly billing rates for the assigned staff, including any sub-consultants.
f. Statement and explanation of any instances where your firm or sub-consultant
has been removed from a project or disqualified from proposing on a project.
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3. Work Program
a. Detailed description of your approach to completing the work.
• Demonstrate your understanding of the overall project and objectives and
how it relates to State goals and mandates, social equity and inclusivity,
• Clearly detail your scope of work which must, at minimum, include
• Highlight how you will leverage State resources that are relevant to the
project such as the Adaptation Planning Guide, Cal-Adapt, and California’s
Fourth Climate Change Assessment.
b. Detailed schedule by task and sub-task for completing the work. Task and sub-
task numbers, headings, and required deliverables must directly match what is
included in the Caltrans grant agreement. Additional deliverables may be
proposed to support your approach.
c. Estimated hours for your staff in performing each phase, task, and sub-task of
the work, including sub-consultants, so we can clearly see who will be doing what
work, and how much time and resources it will take.
d. Description of how you will engage in tasks led by the City or the Local
Government Commission as part of the full project scope, including how you will
work with the project team to ensure alignment and coordination across all tasks
and deliverables. At minimum, include your attendance at community
engagement meetings as part of your proposal and budget.
e. Services or data to be provided by the City.
f. Services and deliverables provided by the Consultant(s).
g. Discussion on how local government policies and plans you have developed in
the past have led to concrete outcomes, actions, and implementation beyond the
completion and adoption of your deliverable.
h. Any other information that would assist us in making this contract award decision.
i. Description of assumptions critical to development of the response which may
impact cost or scope.
4. Proposal Length
Proposal length is not limited to a number of pages, however, should only be as long as
required to be responsive to the RFP, including attachments and supplemental
materials.
3. PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
1. Phase 1 – Written Proposal Review/Finalist Candidate Selection
The proposals will be evaluated based on criteria, including but not limited to:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for
successfully performing the work required by the City.
d. Recent team experience in successfully performing similar services.
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e. Clear outcomes resulting from pst services provided to public agencies beyond
the development of contracted deliverables.
f. Creativity of the proposed approach in completing the work.
g. Cost.
h. Writing and formatting skills.
i. References.
j. Background and experience of the specific individuals to be assigned to this
project.
2. Phase 2 – Oral Presentations/Interviews and Consultant Selection (at City’s
discretion)
At the City’s discretion, a group of finalist candidates may be asked to provide an oral
presentation to the review committee and answer questions about their proposal. The
purpose of this second phase is two-fold: to clarify and resolve any outstanding
questions or issues about the proposal; and to evaluate the proposer’s ability to clearly
and concisely present information orally. After evaluating the proposals and discussing
them further with the finalists or the tentatively selected consultant, the City reserves the
right to further negotiate the proposed work scope and/or method and amount of
compensation.
Contract award will be based on a combination of factors that represent the best overall
value for completing the work scope as determined by the City, including: the written
proposal criteria described above; results of background and reference checks; results
from the interviews and presentations phase; and cost.
3. Proposal Review and Award Schedule. The proposal review and award schedule is
included in Section A of this specification.
4. Pre-Proposal Conference. An optional pre-proposal teleconference will be held at the
following date and time to answer any questions that prospective bidders may have
regarding this RFP:
Tuesday, February 18th from 3:30 PM – 4:30 PM PST
1-669-900-6833, Code: 401 375 4773 ##
5. Alternative Proposals. The proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different
way. In this case, the proposer must provide an analysis of the advantages and
disadvantages of each of the alternative and discuss under what circumstances the City
would prefer one alternative to the other(s).
4. CONTRACT AWARD AND EXECUTION
1. Proposal Retention and Award. The City reserves the right to retain all proposals for a
period of 60 days for examination and comparison. The City also reserves the right to
waive non-substantial irregularities in any proposal, to reject any or all proposals, to
reject or delete one part of a proposal and accept the other, except to the extent that
proposals are qualified by specific limitations. See the "special terms and conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
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2. Competency and Responsibility of Proposer. The City reserves full discretion to
determine the competence and responsibility, professionally and/or financially, of
proposers. Proposers will provide, in a timely manner, all information that the City
deems necessary to make such a decision.
3. Contract Requirement. The proposer to whom award is made (Consultant) shall
execute a written contract with the City within ten (10) calendar days after notice of the
award has been sent by mail to it at the address given in its proposal. The contract shall
be made in the form adopted by the City and incorporated in these specifications.
4. Ownership of Materials. All original drawings, plan documents and other materials
prepared by or in possession of the Consultant as part of the work or services under
these specifications shall become the permanent property of the City and shall be
delivered to the City upon demand.
5. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Consultant as part of the work or services
under these specifications shall be the property of the City and shall not be made
available to any individual or organization by the Consultant without the prior written
approval of the City.
6. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the work or services under these
specifications, the Consultant shall provide such additional copies as are requested, and
City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
7. Required Deliverable Products. The Consultant will be required to provide:
a. One print-ready and one digital-ready original .pdf of all final documents.
b. Corresponding computer files compatible with the following programs whenever
possible unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign (check with project manager)
Virtual Models: Sketch Up (check with project manager)
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Consultant and,
where necessary, the Consultant will be required to respond to staff comments
and make such changes as deemed appropriate.
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5. CONTRACT PERFORMANCE
1. Insurance Requirements. The Consultant shall provide proof of insurance in the form,
coverages and amounts specified in Section D of these specifications within 10 (ten)
calendar days after notice of contract award as a precondition to contract execution.
2. Business License & Tax. The Consultant must have a valid City of San Luis Obispo
business license and tax certificate before execution of the contract. Additional
information regarding the City's business license and tax program may be obtained by
calling (805) 781-7134.
3. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary
to carry out and complete the work hereunder in compliance with any and all federal,
state, county, city, and special district laws, ordinances, and regulations.
4. Laws to be Observed. The Consultant shall keep itself fully informed of and shall
observe and comply with all applicable state and federal laws and county and City of
San Luis Obispo ordinances, regulations and adopted codes during its performance of
the work.
5. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Consultant is required to pay.
6. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
7. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
8. Public and Employee Safety. Whenever the Consultant’s operations create a
condition hazardous to the public or City employees, it shall, at its expense and without
cost to the City, furnish, erect and maintain such fences, temporary railings, barricades,
lights, signs and other devices and take such other protective measures as are
necessary to prevent accidents or damage or injury to the public and employees.
9. Preservation of City Property. The Consultant shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from the Consultant’s operations, it shall be
replaced or restored at the Consultant’s expense. The facilities shall be replaced or
restored to a condition as good as when the Consultant began work.
10. Immigration Act of 1986. The Consultant warrants on behalf of itself and all
subcontractors engaged for the performance of this work that only persons authorized to
work in the United States pursuant to the Immigration Reform and Control Act of 1986
and other applicable laws shall be employed in the performance of the work hereunder.
11. Consultant Non-Discrimination. In the performance of this work, the Consultant
agrees that it will not engage in, nor permit such subcontractors as it may employ, to
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engage in discrimination in employment of persons because of age, race, color, sex,
national origin or ancestry, sexual orientation, or religion of such persons.
12. Work Delays. Should the Consultant be obstructed or delayed in the work required to
be done hereunder by changes in the work or by any default, act, or omission of the City,
or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain
materials, equipment, or labor due to federal government restrictions arising out of
defense or war programs, then the time of completion may, at the City’s sole option, be
extended for such periods as may be agreed upon by the City and the Consultant. In
the event that there is insufficient time to grant such extensions prior to the completion
date of the contract, the City may, at the time of acceptance of the work, waive liquidated
damages that may have accrued for failure to complete on time, due to any of the above,
after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
13. Payment Terms. The City’s payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the materials, supplies, equipment or services
provided by the Consultant (Net 30) and in accordance with the Grant Guidelines.
14. Inspection. The Consultant shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Consultant are being performed in accordance with
the requirements and intentions of this contract. All work done and all materials
furnished, if any, shall be subject to the City’s inspection and approval. The inspection
of such work shall not relieve Consultant of any of its obligations to fulfill its contract
requirements.
15. Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Consultant in preparing its invoices to City as a condition
precedent to any payment to Consultant.
16. Interests of Consultant. The Consultant covenants that it presently has no interest,
and shall not acquire any interest—direct, indirect or otherwise—that would conflict in
any manner or degree with the performance of the work hereunder. The Consultant
further covenants that, in the performance of this work, no subconsultant or person
having such an interest shall be employed. The Consultant certifies that no one who has
or will have any financial interest in performing this work is an officer or employee of the
City. It is hereby expressly agreed that, in the performance of the work hereunder, the
Consultant shall at all times be deemed an independent consultant and not an agent or
employee of the City.
17. Hold Harmless and Indemnification. Non-design, construction Professional
Services: To the extent the Scope of Services involve a “construction contract” as that
phrase is used in Civil Code Section 2783, this paragraph shall apply in place of
paragraph A. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend,
and hold harmless the City, and its elected officials, officers, employees, volunteers, and
agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees
and costs of litigation (“claims”), arising out of the Consultant’s performance or
Consultant’s failure to perform its obligations under this Agreement or out of the
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operations conducted by Consultant, except for such loss or damage arising from the
active negligence, sole negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or
defense obligations. This Section survives completion of the services or the termination
of this contract. The provisions of this Section are not limited by and do not affect the
provisions of this contract relating to insurance.
18. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a
contract to any individual or business entity of any kind without the previous written
consent of the City.
19. Termination for Convenience. The City may terminate all or part of this Agreement for
any or no reason at any time by giving 30 days written notice to Consultant. Should the
City terminate this Agreement for convenience, the City shall be liable as follows: (a) for
standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10)
percent of the total purchase price; (b) for custom products, the less of a reasonable
price for the raw materials, components work in progress and any finished units on hand
or the price per unit reflected on this Agreement. For termination of any services
pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for
the services rendered prior to termination, or the price for the services reflected on this
Agreement. Upon termination notice from the City, Consultant must, unless otherwise
directed, cease work and follow the City’s directions as to work in progress and finished
goods.
20. Termination. If, during the term of the contract, the City determines that the Consultant
is not faithfully abiding by any term or condition contained herein, the City may notify the
Consultant in writing of such defect or failure to perform. This notice must give the
Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said
work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
terminate the contract immediately by written notice to the Consultant to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract except, however, any and all obligations of the Consultant’s
surety shall remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the terminations thereof.
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In said event, the Consultant shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received
the City’s Notice of Termination, minus any offset from such payment representing the
City’s damages from such breach. “Reasonable value” includes fees or charges for
goods or services as of the last milestone or task satisfactorily delivered or completed by
the Consultant as may be set forth in the Agreement payment schedule; compensation
for any other work, services or goods performed or provided by the Consultant shall be
based solely on the City’s assessment of the value of the work-in-progress in completing
the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion, so as to
permit a full and complete accounting of costs. In no event, however, shall the
Consultant be entitled to receive in excess of the compensation quoted in its proposal.
21. Sustainable Project Management. The consultant shall make its best efforts to reduce
GHG emissions created as the result of working on this project.
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Section C
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into the City of San Luis Obispo on _________by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter refer red to as
City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], herein referred to as Consultant.
W I T N E S S E T H:
WHEREAS, in _________, the City was awarded a Climate Change Adaptation Grant
(Grant) from the California Transportation Commission; and
WHEREAS, on [date], City requested proposals for an update to prepare a
Comprehensive Vulnerability Assessment and to develop an Adaptation Strategy in support of
the General Plan Safety Element Update, per Specification No. ________ (project); and
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made
and entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City Specification No. ______ and
Consultant's proposal dated [date] is hereby incorporated in and made a part of this Agreement
and attached as Exhibit A. The City’s terms and conditions are hereby incorporated in an made a
part of this Agreement as Exhibit B. To the extent that there are any conflicts between the
Consultant’s fees and scope of work and the City’s terms and conditions, the City’s terms and
conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement,
City will pay and Consultant shall receive therefore compensation in a total sum not to exceed [$
.00.
4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with
City to do everything required by this Agreement and the said specifications.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Manager of
the City.
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6. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between
the parties hereto. No oral agreement, understanding or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant Name
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do
covenant that each individual executing this agreement on behalf of each party is a person duly
authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO
________________________________
By:________________________________
_ __________________________________
City Clerk City Manager
____________________________________
APPROVED AS TO FORM: CONSULTANT
________________________________ By:
_____________________________________
City Attorney
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Section D
INSURANCE REQUIREMENTS
Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives,
employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: Consultant shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form CG 00 01, in an amount
not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability
that has not been amended. Any endorsement restricting standard ISO “insured
contract” language will not be accepted.
2. Automobile Liability: Consultant shall maintain automobile insurance at least as broad
as Insurance Services Office form CA 00 01 covering bodily injury and property damage
for all activities of the Vendor arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Employer's Liability: Consultant shall maintain Workers’ Compensation Insurance
(Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Consultant shall submit to the City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of the City, its officers, agents, employees and
volunteers.
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4. Errors and Omissions Liability: Consultant shall maintain professional liability insurance
that covers the Services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception
date, continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the services required by this agreement.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Consultant; products and completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, agents or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. All insurance coverage maintained or procured pursuant to this agreement shall be
endorsed to waive subrogation against Agency, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow Vendor or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Vendor hereby waives its own right of recovery against Agency
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
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Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance
showing maintenance of the required insurance coverage. Original endorsements effecting
general liability and automobile liability coverage required by this clause must also be provided.
The endorsements are to be signed by a person authorized by that insurer to bind coverage on
its behalf. All endorsements are to be received and approved by the City before work
commences.
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Section E
Proposal Submittal Forms
The undersigned declares that she or he has carefully examined Specification No. 2020-1000145,
including the description of the work program which is hereby made a part of this proposal; is
thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to
perform the specified work for the following cost quoted in full:
Description 2020-21
Task 1
Task 2
Task 3
Task 4
Other Costs (please
specify)
TOTAL $
❑ Certificate of insurance attached; insurance company’s A.M. Best rating:
__________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications
under the present business name:
Describe fully the last three contracts performed by your firm that demonstrate your ability to
provide the services included with the scope of the specifications. Attach additional pages if
required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary
interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of the violation of law, a safety
regulation, or for any other reason, including but not limited to financial difficulties, project delays,
or disputes regarding work or product quality, and if so to explain the circumstances.
◼ Do you have any disqualification as described in the above paragraph to declare?
Yes ❑ No ❑
◼ If yes, explain the circumstances.
Executed on at _______________________________________ under
penalty of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
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Department Name: Community Development
Cost Center: 4003
For Agenda of: April 21, 2020
Placement: Consent Item
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: RECEIVE AND FILE THE 2020 AFFORDABLE HOUSING NEXUS STUDY
RECOMMENDATION
Complete a significant Housing Major City Goal Task and r eceive and file the 2020 Affordable
Housing Nexus Study (Attachment A).
DISCUSSION
Housing Major City Goal – Nexus Study Task
Housing was identified as a Major City Goal for the 2019-21 Financial Plan. The adopted goal
language states, “Facilitate the production of housing with an update of the Housing Element,
including an emphasis on affordable housing (including unhoused people) and workforce
housing through the lens of climate action and regionalism.” A core priority identified in the
MCG work scope and action plan is to complete an Affordable Housing Nexus Study to evaluate
the current nexus between new commercial and residential development and the City’s
requirements for affordable housing embodied in its Inclusionary Housing Requirements
(SLOMC 17.138). The last time a study was completed was in 2004.
Inclusionary Housing Ordinance
The City’s first Inclusionary Housing Ordinance was adopted in 1999 and since that time, the
City has focused on ensuring that a percentage of all new housing units are affordable to income
eligible households. The inclusionary housing requirement can be met by 1) building affordable
dwellings as part of a development project, 2) dedicating real property, improved or not, for
development of affordable housing by the City’s Housing Authority or by a non-profit housing
provider, 3) paying an in-lieu fee which is used to assist with the development of new affordable
housing throughout the City, or 4) a combination of the above methods, to the approval of the
Community Development Director. To date, more than 850 deed-restricted or otherwise secured
affordable dwellings have been planned for, entitled, or built since the adoption of the
Inclusionary Housing Ordinance in 1999. Additionally, the City has granted, loaned, or
committed $10,450,954 of affordable housing in-lieu funds to assist with the development of 464
new deed-restricted affordable housing units.
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Why Complete a Nexus Study?
A nexus study is necessary to establish the relationship between market-rate residential
development and non-residential development and the need to support and construct new deed-
restricted affordable housing in the City. This nexus study analyzes if new market-rate residential
and non-residential development in the City increases demand for affordable housing. A nexus
study is intended to determine whether: (1) those subject to the fee are contributing to the
demand that the fee will be used to address; and (2) that the amount of the fee is reasonably
related to the magnitude of the fee-payer’s contribution to the problem.
Nexus Study Finding
The Nexus Study determined that both residential and commercial development are creating
demand for affordable housing that is not being met by the housing market. The study’s findings
verify that there is a nexus that justifies the City having an inclusionary housing requirement as it
is applied to both residential and commercial development.
Recommendations from the Nexus Study
An update to the Inclusionary Housing Requirement will be pursued following adoption of the
City’s Housing Element Update. The updated ordinance will implement policy direction
included in the Housing Element Update.
Consultants David Paul Rosen & Associates (DRA) has provided recommendations for updates
to the City’s existing Inclusionary Housing Requirement. These recommendations are
summarized below and can also be found in the Executive Summary Section of the Nexus Study.
1. Inclusionary Housing Ordinance (IHO) and Geographical Variation
Based on comparable cities and an analysis of San Luis Obispo’s economic/market data, the City
should consider different requirements based on whether the residential project is for sale or rent,
and should discontinue differentiating between housing projects located within the City Limits
and Expansion Areas.
Recommended City-Wide Affordable Housing Requirement for Residential Development:
▪ Rental: Build 5% of units at very low income (50% Area Median Income (AMI)1 and
10% of units at low income (80% AMI)
▪ Owner: Build 5% of units at low income (80% AMI) and 10% of units at moderate
income (120% AMI)
Current Affordable Housing Requirement for Residential Development (both rental and owner):
▪ In City Limits: Build 3% low (80% AMI) or 5% moderate (120% AMI) income
Affordable Dwelling Units
▪ In Expansion Area: Build 5% low (80% AMI) and 10% moderate (120%
AMI) income Affordable Dwelling Units.
1 AMI’s listed in the recommendations are maximums for the various income groups.
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2. Affordable Housing Standards
The City should maintain its current definitions of affordable housing expense in terms of the
percent of AMI (Area Median Income) used to calculate affordable rents and sales prices. In
addition, DRA recommends that the City include utility costs as part of rent and Homeowners
Association (HOA) fees as part of the affordable sales prices.
Existing City IHO does not include utility costs as part of rent or include HOA fees as part of the
sales price.
3. Project Size and Density Adjustments
DRA recommends eliminating the project size and project density adjustments currently
contained in Inclusionary Housing Ordinance Table 2A and recommends a minimum
inclusionary requirement of one unit for projects of five or more units not otherwise exempt from
the ordinance.
4. Residential In-Lieu Fees
DRA recommends applying in-lieu fees on a per square foot basis as the estimated economic
equivalent of providing on-site units.
Existing City IHO bases in-lieu fees on building valuation. “Building valuation” is the total value
of all construction work for which a permit would be issued, as determined by the Chief Building
Official.
5. Non-Residential Nexus Fees (Commercial Development)
Based on the non-residential nexus fees adopted in other California communities (see
Attachment A, Table ES-5 and Section 7.8), DRA recommends fees in the range of $1 to $4 per
square foot for industrial uses and $2 to $5 per square foot for other non -residential uses.
Existing City IHO bases commercial in-lieu fees on building valuation.
Relation to Housing Element
Based on recommendations of the DRA Nexus study, staff anticipates that the Housing Element
update will include new policy and program language to evaluate amendments to the
Inclusionary Housing Ordinance, including Table 2A, based on findings of an economic
feasibility analysis once the Housing Element has been adopted by City Council and certified by
the State.
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Next Steps
▪ April 22, 2020: Submit the Nexus Study to the Planning Commission for receive and file
▪ September 2020 (anticipated adoption date): Complete an update to the Housing Element
▪ Winter/Spring 2021: Complete an economic feasibility analysis
▪ Fall 2021: Based on recommendations of the Nexus Study, the economic feasibility analysis,
and guiding policies included in the Housing Element Update staff will evaluate amendments
to the Inclusionary Housing Ordinance and present its recommendations to the Planning
Commission and City Council
Policy Consistency
Housing Element Programs 2.15, 2.16 and 4.6 outline items to consider, such as evaluating Table
2A, increasing affordability options for those making above 121 percent AMI, and providing
affordable units that are consistent in size, location and character as market rate development, as
a part of the inclusionary housing ordinance (IHO). The Nexus Study is the first step in
providing information that can be used to evaluate these considerations and any other changes to
the IHO.
Consistency COVID-19 Orders and Current Fiscal Contingency Plan. The Nexus Study was
completed prior to the COVID-19 orders and the current fiscal contingency Plan. This activity is
connected to the Housing Element update which is state mandated to be completed by no later
than December 2020 and is presently allowed under the State and Local emergency orders
associated with COVID-19.
Public Engagement
The Nexus Study is an informational document and does not create nor modify any goals,
policies or regulations, therefore there is no requirement for public engagement. The public will
have an opportunity to provide comments on this item prior to the meeting. In addition, the
policies that guide how this information will be used are being developed as part of the Housing
Element Update, which is following a “consult” level of public engagement.
ENVIRONMENTAL REVIEW
Since this item is informational in nature and involves no action by the City Council, the
California Environmental Quality Act (CEQA) does not apply to the recommended action
because it does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-202
Funding Identified: Yes
2 The Nexus Study was budgeted as part of the 2018-2019 budget year, but was carried over into the 2019-20
budget cycle as a part of the Major City Goal
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund NA $65,000
State
Federal
Fees
Other:
Total $65,000
The work completed by DRA to prepare the Nexus Study cost $65,000 and was paid from the
General Fund.
ALTERNATIVES
Continue consideration of the Nexus Study. Although no action is recommended in association
with this report, the City Council could ask staff to return during a future meeting to present
additional information.
Attachments:
a - COUNCIL READING FILE - 2020 Nexus Study
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Department Name: Community Development
Cost Center: 4003
For Agenda of: April 21, 2020
Placement: Public Hearing
Estimated Time: 15 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Associate Planner
SUBJECT: INITIATION OF A PROJECT TO REZONE A PROPERTY FROM BP -SP TO
C-S-SP TO ALLOW FOR A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF 280 RESIDENTIAL UNITS AND 15,000 SQUARE FEET
OF COMMERCIAL SPACE. PROJECT INCLUDES AUTHORIZATION OF A
REQUEST FOR PROPOSALS FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
RECOMMENDATION
Receive a summary presentation on the project proposal from staff and the project applicant and
consider directing staff to proceed with the following:
1. Proceed the processing of the Project through the entitlement process; and
2. Authorize the issuance of a Request for Proposals (RFP) for the preparation of an
Environmental Impact Report (EIR) for the Project and related entitlements; and
3. Authorize the City Manager to enter into a consultant services agreement with the consultant
that best responds to the RFP in terms of qualifications, cost, and approach , that is funded
(consultant and staff costs) solely by the Applicant.
DISCUSSION
The purpose of the initiation of this Project before the City Council is to provide for the orderly
processing of a Project Application requesting a General Plan Amendment and Rezone in a
manner consistent with the overall goals of the community’s planning program and the
requirements of State law. It is intended to assure that the General Plan is amended for good
reason and with due consideration of community-wide interests, to achieve and maintain internal
consistency of General Plan elements, and conformance with other guiding documents such as
the Airport Area Specific Plan (AASP).
Staff has determined that California Environmental Quality Act (CEQA) compliance for the
project requires preparation of a Project EIR that evaluates potential environmental effects and
identifies project alternatives. If initiated by Council, an RFP (Attachment A) will be published
on the City’s website and distributed to consultants with relevant experience in the preparation of
a project-level EIR with similar environmental issues and constraints.
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Background
The site is composed of 11.1 contiguous acres at the northeast corner of the designated Santa Fe
realignment and Tank Farm Road. It is comprised of two separate parcels: APN: 053 -421-06
and APN: 053-421-02. The site slopes from the northwest to southeast, with site elevation s at
210 feet at the top of the Flower Mound, and 150 feet at the Acacia Creek/Tank Farm Road
headwall. Acacia Creek borders the project on the east, although the creek area itself is located
on the adjacent parcel to the east.
Figure 1: Conceptual Site Plan
The project site is currently zoned Business Park (BP-SP) within the AASP. The BP zone as well
as the AASP prohibit residential uses at this location. The project application proposes to amend
the AASP and rezone the property to Commercial Services (C-S-SP) zone to allow for a mixed-
use project, similar to what has been approved on the adjacent property at 650 Tank Farm
(March 5, 2019, Council Agenda Report for the Ordinance Adoption of 650 Tank Farm:
http://opengov.slocity.org/WebLink/DocView.aspx?id=91166&dbid=0&repo=CityClerk). The
proposed mixed-use project consists of 280 residential units and approximately 15,000 square
feet of commercial space. The residential units are provided within three different housing types:
140 townhomes, 100 stacked flat units, and 40 studio and one-bedroom units over the
commercial structures. The townhome and stacked flat units are intended as ownership units,
while the mixed-use units will likely be a rental product (Attachment B).
The project will be required to construct or contribute to several major improvements to
transportation infrastructure as identified by the Circulation Element and AASP including the
Santa Fe/Tank Farm Road roundabout, Santa Fe re-alignment, and associated improvements for
Santa Fe Road including two travel lanes and Class IV bike paths. The full extent to fair share
contributions and/or mitigation measures to implement transportation projects will be fully
evaluated and defined through the development review process.
Policy Context
Land Use Designation. The Business Park land use designation provides for research and
development and light manufacturing in a campus setting. The Project’s proposed Services &
Manufacturing designation provides for a wide range of uses including business and professional
services, medical services, research and development, and retail sales. It also provides for
residential uses as part of a mixed-use project with a residential density of up to 24 density
units/acre.
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The development conceptually identified for the project site would be consistent with allowances
for mixed-use projects in the Services & Manufacturing land use designation. The City’s General
Plan provides several policies regarding mixed-use development. The following provides a
discussion and initial analysis of the proposed project in regard to these policies.
Major City Goal. Housing was determined to be one of the most important, highest priority goals
for the City to accomplish over the 2019-21 Financial Plan. The goal states: Facilitate the
production of housing with an update of the Housing Element, including an emphasis on
affordable housing (including unhoused people) and workforce housing through the lens of
climate action and regionalism.
Housing Element. The Housing Element (HE) Policy 6.10 encourages infill residential
development and the promotion of higher-residential density where appropriate1.
Land Use Element. In accordance with the Housing Major City Goal cited above and Housing
Element policies and programs, the proposed General Plan amendment, Specific Plan
amendment and Rezone would allow for the development of a mixed-use project. The proposed
project would facilitate several General Plan policies such as: Land Use Element (LUE) Policy
2.2.62, as the project site provides a variety of housing types within close proximity to public
transportation and is located within walking distance to MindBody Headquarters, SESLOC
Federal Credit Union, and other nearby employers, as well as retail uses and other services of the
Marigold Shopping Center; and LUE Policy 1.53, as the project would help reduce the gap
between housing demand and supply by supporting additional residential units
Additionally, the LUE encourages mixed-use projects where they can be found to be compatible
with existing and potential future development. The LUE encourages compatible mixed uses in
commercial districts and specifically discusses residential and commercial mixed use (LUE
Policy 2.3.6)4. LUE Policy 10.1 (Neighborhood Access) states that all residences should be
within close proximity to food outlets including grocery stores, farmers’ markets, and community
gardens.
1 HE Policy 6.10. To help meet the Quantified Objectives, the City will support residential infill development and
promote higher residential density where appropriate.
2 LUE Policy 1.5. Jobs/Housing Relationship. The gap between housing demand (due to more jobs and college
enrollment) and supply should not increase.
3 LUE Policy 2.2.6. Neighborhood Characteristics. The City shall promote livability, quiet enjoyment, and safety
for all residents. Characteristics of quality neighborhoods vary from neighborhood to neighborhood, but often
include one or more of the following characteristics: A mix of housing type styles, density, and affordability.
Design and circulation features that create and maintain a pedestrian scale. Nearby services and facilities
including schools, parks, retail (e.g., grocery store, drug store), restaurants and cafes, and community centers or
other public facilities. A tree canopy and well -maintained landscaping. A sense of personal safety…. Convenient
access to public transportation. Well-maintained housing and public facilities.
4 LUE Policy 2.3.6. Housing and Businesses. The City shall encourage mixed use projects, where appropriate and
compatible with existing and planned development on the site and with adjacent and nearby properties. The City
shall support the location of mixed-use projects and community and neighborhood commercial centers near
major activity nodes and transportation corridors / transit opportunities where appropriate.
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LUE Policy 10.4 (Encourage Walkability) states that the City shall encourage projects which
provide for and enhance active and environmentally sustainable modes of transportation, such
as pedestrian movement, bicycle access, and transit services. The immediate surrounding
neighborhood provides services, facilities and resources within a half mile of the project site: a
day care, drug stores, restaurants, schools, a major grocery store, a bank, several places of
worship, a fitness center, medical and/or dental services, personal care services, and a full-
service supermarket are currently located within biking or walking distance of the project site.
Airport Area Specific Plan. The AASP was initially adopted on August 23, 2005 and provides a
planning framework for future growth and development within the approximately 1,500-acre
area along the City’s southern boundary. The AASP sets forth guidance for land use,
conservation and resource management, community design, circulation and transportation
improvements, and utilities and services needed in the planning area. The AASP has been
amended multiple times, with the last amendment adopted in March 2019, with the approval of
the 650 Tank Farm project. Amendments to the AASP require review by the County Airport
Land Use Commission (ALUC).
The proposed Specific Plan Amendment would allow for the site to be developed with a mixed-
use project. This would accommodate the continuation and expansion of the residential uses in
the vicinity (650 Tank Farm). This residential expansion is an example of urban infil l
development that would improve and enhance the supply of housing near jobs and services, and
is consistent with many General Plan goals, policies, and programs (as discussed above). The
project would need to conform to all relevant design considerations and performance standards.
Consistency COVID-19 Orders and Current Fiscal Contingency Plan.
This activity, planning for housing production, is presently allowed under the State and Local
emergency orders associated with COVID-19. This Project, the EIR, and associated staff work,
will be reimbursed by the Developer directly or indirectly through fees and therefore consistent
with the guidance of the City’s Fiscal Health Contingency Plan.
Next Steps
Once all application materials are collected and the project applications are deemed complete,
and environmental review has been conducted pursuant to CEQA, public hearings will be
scheduled before the ALUC and Architectural Review Commission (ARC). The ARC will
provide a recommendation to the Planning Commission (PC). The PC will review the project and
associated entitlements for consistency with the General Plan, Zoning Regulations, and
applicable City development standards and guidelines, with a recommendation to City Council
for final action. Associated entitlements are envisioned at this time to include: Environmental
Impact Determination, General Plan Map Amendment (includes rezoning), Specific Plan
Amendment, Minor Subdivision, Minor Use Permit, and Development Review (Major).
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s
Municipal Code, the project was noticed per the City’s notification requirements for
Development Projects. Newspaper legal advertisements were posted in the New Times ten days
prior to the hearing. Additionally, postcards were sent to both tenants and owners of properties
located within 300 feet of the project site ten days before the hearing.
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CONCURRENCE
The project was previously reviewed by other City Departments through a pre-application
meeting held on June 6, 2019 including Community Development (Planning and Engineering)
and Public Works (Transportation), Fire, Building, Utilities, and Administration (Natural
Resources). No additional concurrence has occurred at this time as further review from the other
departments is dependent on the results of the Council initiation. The project entitlements will be
routed to the various City Departments to ensure that staff has adequate information for a
complete application to evaluate the project and identify any conflicts with City standards or
guidelines. All City Departments will be providing comments that will be incorporated into the
staff reports and recommended resolution/ordinance as conditions of the project.
ENVIRONMENTAL REVIEW
The CEQA does not apply to the recommended action in this report because the action does not
constitute a “Project” under CEQA Guidelines Sec. 15378. Future applications for entitlements
will be subject to CEQA at the time the applications are filed.
FISCAL IMPACT
Budgeted: Yes Budget Year: N/A
Funding Identified: 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
There is no fiscal impact associated with initiating project applications. The developer will
reimburse the City for all staff and consultant fees associated with processing the applications.
As part of the applications, the applicant will be required to prepare a fiscal impact study that
would analyze the project’s effects on the City. Due to the size of the project, the applicant will
be paying for actual costs for staff and consultant time rather than a flat fee to process all of the
required permits and to coordinate the preparation of an EIR.
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ALTERNATIVES
1. Deny the consideration of the application. The Council should provide findings in reference
to specific General Plan provisions that identify the project as inconsistent with overall
General Plan policy direction.
a. Decline to authorize the RFP or deferred to a future time.
2. Continue consideration of the application to a future date. The Council can continue review
of the project to a future meeting. If this alternative is taken, the Council should provide
direction to staff regarding additional information needed to provide further direction
regarding the project application.
a. Provide direction regarding an amended RFP and continue authorization of the RFP to a
date uncertain. This alternative is recommended if the City Council would like to review
and consider major revisions to the RFP.
3. Initiate the project application and provide direction regarding an amended RFP. The
Council may authorize the RFP based on finalization and appr oval by the Community
Development Director. This alternative is recommended if the Council provides direction
resulting in minor revisions to the RFP.
Attachments:
a - Request for Proposal to Prepare EIR
b - COUNCIL READING FILE - Project Proposal
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Notice Requesting Proposals
for Preparation of an Environmental Impact Report (EIR) for the
600 Tank Farm Road Project
Specification No. ___________
The City of San Luis Obispo is requesting proposals to prepare an Environmental Impact Report (EIR) pursuant to
the California Environmental Quality Act (CEQA) for the 600 Tank Farm Road Project. All proposals must be
received by the City of San Luis Obispo Community Development Department at 919 Palm Street, San Luis Obispo,
CA 93401 by 3:00 P.M. on _________, 2020.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
package must be submitted to the Community Development Department in a sealed envelope plainly marked with
the request title, specification number, Consultant name, and time and date of the proposal opening. Proposals
must be submitted using the forms provided in the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Bids & Proposals link
Questions
Contact Associate Planner Kyle Bell at (805) 781-7524 or kbell@slocity.org or Senior Planner Shawna Scott at
(805) 781-7176 or sscott@slocity.org with any questions regarding this Request for Proposals.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance
of agreements financed in whole or in part with federal funds.
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Specification No. ____________
TABLE OF CONTENTS
Section A ............................................................................................................................................................. 3
DESCRIPTION OF WORK................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ............................................................................................................... 8
PROPOSAL REQUIREMENTS ........................................................................................................................ 8
CONTRACT AWARD AND EXECUTION ......................................................................................................... 9
PROPOSAL CONTENT AND SELECTION PROCESS ...................................................................................... 10
PROPOSAL CONTENT ................................................................................................................................. 10
PROPOSAL EVALUATION AND CONSULTANT SELECTION ...................................................................... 11
FORM OF AGREEMENT [EXAMPLE]................................................................................................................ 12
PROPOSAL SUBMITTAL FORMS ..................................................................................................................... 20
ACKNOWLEDGEMENT ................................................................................................................................ 20
INSURANCE CERTIFICATE ......................................................................................................................... 20
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ......................................................................... 21
REFERENCES .............................................................................................................................................. 22
INSURANCE REQUIREMENTS: Consultant Services ........................................................................................ 24
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Section A
DESCRIPTION OF WORK
The City is requesting proposals from consultants to prepare an Environmental Impact Report (EIR) pursuant to the
California Environmental Quality Act (CEQA) for the 600 Tank Farm Road Project. The project includes a Specific
Plan, General Plan Amendment, and related actions that would allow for the development of mixed-use project,
within the City of San Luis Obispo.
Background
Site Overview
The site is composed of 11.1 contiguous acres at the northeast corner of the designated Santa Fe re-alignment and
Tank Farm Road. It is comprised of two separate parcels: APNs: 053-421-06 and 053-421-02. The site slopes
from the northwest to southeast, with site elevations at 210 feet at the top of the Flower Mound, and 150 feet at the
Acacia Creek/Tank Farm Road headwall. Acacia Creek borders the project on the east, although the creek area
itself is located on the adjacent parcel to the east.
The immediate surrounding (1/2-mile radius) neighborhood provides a variety of services, facilities and resources.
A day care, drug stores, restaurants, schools, a major grocery store, a bank, several places of worship, a fitness
center, medical and/or dental services, personal care services, and a full-service supermarket are currently located
within biking or walking distance of the project site.
General Plan Basis
The Airport Area Specific Plan (AASP) and the General Plan Land Use Element designate the site as Business
Park. This designation has been driven by the policies of the County’s Airport Land Use Plan (ALUP) which
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generally prohibit residential land uses in the AASP, except for those properties that are currently zoned or
developed for residential purposes. The Airport Land Use Commission (ALUC) is now in the process of updating
the ALUP so that it is consistent with the operational projections in the Airport Master Plan, and with the most recent
version of the Caltrans Handbook. The extent of noise impacts is now known to be confined to properties south of
Tank Farm Road in the vicinity of the project. The ALUC has commissioned, and adopted, a noise study that
documents the extent of these noise issues, and the ALUC has been using that document as its office noise
reference for approximately five years now. The ALUC is also reviewing its safety zones and those zones will be
modified to reflect a more conventional configuration, more like that in the Caltrans Handbook and those used for
other County airports. The updated safety zone maps show the project site in “Safety Zone 6” as defined by the
Caltrans Airport Land Use Planning Handbook. The proposed development project will be dependent on the ALUP
amendment, which is anticipated to be complete in mid-2020.
Proposed Project Overview
The project application includes proposals to amend the
General Plan and AASP to rezone the property to
Commercial Services (C-S-SP) zone to allow for a mixed-
use project, similar to what has been proposed on the
adjacent property 650 Tank Farm. The mixed-use project
consists of 280 residential units and approximately 15,000
square feet (SF) of commercial space. The residential
units are provided within three different housing types: 140
townhomes, 100 stacked flat units, and 40 studio and one-
bedroom units over the commercial structures. The
townhomes will have a mix of one-bedroom, two-bedroom
and three-bedroom units ranging in size from 750 SF up
to 1,375 SF with an average dwelling unit size of less than
1,100 SF. The stacked flats would range in size from 470
SF to 925 SF. Overall, the average unit size across the
280 units is less than 1,000 SF, lower than any other
recent mixed use/mixed tenancy project in the community.
The townhome and stacked flat units are intended as
ownership units, while the mixed-use units will likely be a
rental product.
The project will also implement the “alternative” design
section for Santa Fe that has been identified by City staff
and in the AASP, with an interim design of one travel lane
in each direction, a vertically-separated 6.5-foot Class IV
bike path, a 7-foot parkway strip and a five-foot sidewalk.
Santa Fe will be extended north along the west property
line for approximately 475 to 500 feet to a temporary offset
cul-de-sac. Longer term, this temporary terminus will be
built as a 90-degree roundabout to connect Santa Fe to
the Prado Road extension by the developers of the
Chevron or Damon Garcia properties. The project will
implement the City’s plans for a roundabout at Tank Farm
and Santa Fe. Final road geometry and the number of
lanes will be evaluated as part of the project.
Key Issues to be Addressed in EIR
The EIR will be a full-scope document, which covers all environmental issue areas as required by State CEQA
Guidelines Article 9, Contents of Environmental Impact Reports. Please ensure your scope of work includes an
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Energy section or chapter (refer to State CEQA Guidelines Appendix F: Energy Conservation for additional
guidance).
The EIR shall evaluate project-specific and cumulative impacts, in addition to secondary effects that may occur as
a result of implementation of mitigation measures and conditions of approval. The scope of work approach shall
identify how cumulative impacts will be addressed in the EIR, noting the other large development projects (650
Tank Farm, 660 Tank Farm, San Luis Ranch, Froom Ranch, and Avila Ranch) currently under review by the City,
in addition to existing and reasonably foreseeable development.
Available Supporting Documents
The applicant is in the process of completing the following technical studies to support 600 Tank Farm project.
These will be made available to the EIR preparers upon their completion and submittal to the City:
• Preliminary Exhibits and Visual Simulations
• Biological Resources Inventory Survey
• Archeological and Cultural Resource Survey
• Wetland Delineation
• Traffic Study to inform the necessity of a Transportation Impact Study
• Geotechnical Study
• Preliminary Soils Engineering Report
• Noise Study
It should be noted, however, that the technical studies that are being prepared may not be sufficient for evaluating
all project-specific impacts associated with the corresponding issue areas. The City recommends that prospective
firms review the available documents and include a list of any additional technical studies that are anticipated to be
necessary and include the preparation of those studies in the proposed Scope of Work. The successful candidate
should also clearly explain their proposed approach to utilizing existing reports and how the peer review process (if
necessary) will be managed to maintain the overall project schedule.
Considerations in Presenting Consultant Experience and Personnel
The proposal should focus on the relevant experience of personnel currently at the firm and proposed for the
consultant team, and not the historical experience of the firm. It is the City’s expectation that personnel identified in
a consultant’s proposal will play a major role in the execution of the assignment if the firm is selected. The proposal
should include an appropriate range of senior and junior level staff that realistically reflects the team that would
likely work on the assignment. The proposal can present information about relevant experience and key personnel
in a variety of ways. A recommended approach is to provide a matrix listing key personnel, their potential roles in
preparing the EIR, and associated relative experience. For larger firms, please be realistic about the effort assigned
to company principals or high-level senior staff. For smaller firms, please demonstrate how your firm has adequately
qualified staff to complete an assignment of this magnitude. The City seeks honest, transparent, and realistic
responses to this RFP relative to a company’s qualifications and its ability to complete the assignment.
A proposal can, but is not required to, include other firms that would be subconsultants and part of the team if
selected for the assignment. If your proposal does not address one or another specific type of expertise that may
be required to prepare the EIR (e.g., aesthetics, noise, air quality, cultural resources, biology), please describe how
you intend to address these issues if selected. The proposal should demonstrate that all identified subconsultants
are adequately qualified to complete their identified scope of work and demonstrate how the firm has successfully
worked with these subconsultants in the past.
The successful consultant should be prepared to discuss an approach to maintaining an aggressive EIR schedule
concurrently with finalization of the Specific Plan and details for proposed site development. In your proposal, please
discuss examples of projects where your firm’s key personnel have addressed this issue and successful approaches
to maintain the overall EIR schedule.
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Project Management Approach
Please identify your firm’s proposed Project Manager and describe how your firm would address key project
management tasks, including those related to maintaining the EIR schedule, cost control, delegation of tasks, quality
control, and technical review. Provide examples, if applicable, of how your firm ensures that projects are completed
on time and within budget. Explain how your firm envisions interacting with City staff and the applicant team
throughout the EIR process, in a manner that is collaborative but ensures an independent analysis of the issues.
Describe how you intend to manage a process that is cost-effective, timely, efficient, inclusive of public input, and
ultimately produces an EIR that is easily understandable to the public and decision makers. The City values
creativity, clear thinking, and exceptional writing skills in evaluating your approach to project management, and the
EIR process in general.
Please describe your selected Project Manager’s specific experience with similar assignments, and how the issues
described above were addressed. Where past projects presented challenges, please describe how your Project
Manager was able to successfully address them, and how these lessons might be applied to the 600 Tank Farm
Road Project.
The selected consultant’s Project Manager will be expected to be the City’s primary point of contact, and must
understand the overall contract agreement and manage paperwork associated with it.
Scope of Work
The following section describes the tasks that are anticipated for the preparation of the EIR. Proposers shall
consider the scope and recommend any additional services (such as additional technical studies and/or
investigations) that would meet the intent of the RFP and would assist the City in preparing the EIR for the project
in a streamlined timeframe. Proposers are requested to recommend a strategy to achieve this goal and incorporate
the necessary scope into the tasks described below.
1. Kickoff Meeting and Review of Available Studies and Documentation
2. Prepare Project Description
3. Peer review applicant-prepared technical studies
4. Prepare Technical Studies (identify any additional technical studies anticipated to be necessary/prepared
by the proposer’s team)
5. Prepare Administrative Draft EIR
6. Prepare Public Review Draft EIR
7. Prepare Administrative Final EIR and Response to Comments
8. Prepare Final EIR
9. Prepare CEQA Findings, Notice of Determination (NOD), and Mitigation Monitoring and Reporting Program
(MMRP)
10. Public Hearings
Proposers shall assume up to two rounds of review and comments on Administrative versions of the documents to
be prepared. Additionally, proposers shall be responsible for all document production, draft notices, and distribution
requirements associated with producing and circulating the Draft EIR and Final EIR. The Draft EIR shall include the
Draft Mitigation, Monitoring and Reporting Program (MMRP). The Final EIR shall include the MMRP and Responses
to Comments on the Draft EIR. Proposers should assume production of:
- Ten (10) hard copies (body only) and an electronic copy (body and appendices) of the Administrative
Draft EIR
- One (1) electronic copy of the revised Administrative Draft EIR (showing tracked changes)
- One (1) hard copy of the print-check copy of the Draft EIR (body and appendices)
- Twenty (20) hard copies (Draft EIR body only, bound) and 40 electronic copies (CDs; Draft EIR body
and appendices)
- One (1) hard copy (Draft EIR body and appendices, bound)
- One (1) web-ready electronic copy of the Draft EIR and appendices (PDF sections)
- Twenty (20) hard copies (stand-alone, bound) of the Executive Summary of the Draft EIR
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- Ten (10) hard copies (body only) and an electronic copy (body and appendices) of the Administrative
Final EIR
- One (1) electronic copy of the revised Administrative Final EIR (showing tracked changes)
- One (1) hard copy of the print-check copy of the Final EIR (body and appendices, bound)
- Twenty (20) hard copies (Final EIR body only, bound) and 40 electronic copies (CDs; Final EIR body
and appendices)
- One (1) web-ready copy of the Final EIR and appendices (PDF sections)
- One (1) electronic copy of the CEQA Findings and Statement of Overriding Considerations
Proposers should assume attendance at the following public hearings:
- Airport Land Use Commission, assume two hearings (one for the Draft EIR, one for the Final EIR);
- Architectural Review Commission, assume two hearings (two for the Draft EIR);
- Cultural Resource Committee, assume one hearing (one for the Draft EIR);
- Active Transportation Committee, assume one hearing (one for the Draft EIR);
- Planning Commission, assume four hearings (two for the Draft EIR, two for the Final EIR); and
- City Council, assume two hearings (two for the Final EIR).
Schedule
Please provide an estimated schedule detailing your firm’s projected timeline for completing each of the tasks
detailed in the Scope of Work in a timely and efficient manner. The successful candidate should show a commitment
to completing the EIR in an expedited timeframe and provide a clear discussion of their approach to keeping the
EIR on schedule.
Cost of Services
Please provide a detailed fee schedule showing the hourly rates for staff and any other direct materials and
equipment costs that are anticipated for completion of the identified scope of work. The proposed fee schedule
should outline all costs to prepare and distribute the Draft and Final EIR, including duplication and mailing costs,
administrative costs, and travel costs.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a Proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal
submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each Proposal must be submitted on the form(s) provided in the specifications package
and accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Community Development Department, City
of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each submittal shall include three hard
copies and one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In
order to guard against premature opening, the proposal should be clearly labeled with the proposal title,
specification number, name of Consultant, and date and time of proposal opening. No facsimile (fax) or emailed
submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage during
proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract
award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a proposal and references on the form provided in the
RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City for its withdrawal, in which
event the proposal will be returned to the Consultant unopened. No proposal received after the time specified
or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All qualification
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the qualification proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting qualification proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Qualification Proposals. When specifically requested, the proposer may submit an alternative
qualification proposal (or proposals) that it believes will also meet the City's project objectives but in a different
way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the
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alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an
alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the
number of alternatives submitted.
CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all qualification proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities
in any proposal, to reject any or all qualification proposals, to reject or delete one part of a proposal and accept
the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and
Conditions" in Section C of these specifications for proposal evaluation and contract award criteria. The City
may choose to interview any number of qualified consultants as the basis for making a final selection.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made shall execute a written contract with the City
within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its
proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made fails to enter
into the contract: the award will be annulled and an award may be made to the next highest ranked Consultant
with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to
whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing CEQA and Planning work for government clients and facilities, any
other qualifications or specialties which you make your firm well-suited in assisting the City for this
assignment.
b. Experience of the staff to be assigned to this work in performing similar services.
c. Redundancy in the company of staff experienced in this type of work .
d. Resumes of the individuals who would be assigned to this work.
e. Proximity and staffing levels of the nearest company office.
f. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project
g. Standard hourly billing rates for consultant and sub-consultant staff
h. Detailed list of services available directly from your firm.
3. Work Program
a. A detailed work program and project schedule is required as part of the proposal. The work program shall
itemize major tasks and work products, responsible staff, special information or studies required, and
special methods or equipment, if any, you anticipate using. The City welcomes creative ideas that might be
useful in the approach to this assignment, which should be based on your key personnel’s past experience.
Procedures should be included showing how the consultant plans to coordinate with key City staff and
responsible and trustee agencies.
b. The work program should identify all other elements of the EIR needed to assure CEQA compliance, which
may not be listed in the scope of work, and should explain how these tasks will be accomplished. The
consultant, in consultation with the City’s Project Manager, shall be responsible for the preparation of the
required Notice of Completion & Environmental Transmittal, Environmental Summary Form, and Notice of
Completion of Draft EIR. The consultant will also be responsible for mailing these documents to relevant
agencies and interested citizens, as well as distributing Draft EIRs. The costs for these tasks and mailing
costs should be factored into the total EIR budget.
c. Tentative schedule by phase and task for completing the work. Examples of key tasks are: data collection,
data verification and analysis, completion of the Administrative Draft EIR, completion of the Draft EIR,
preparation of responses to comments, attendance at public hearings, and certification of the Final EIR.
d. Estimated hours for your staff in performing each major phase of the work, including sub-consultants,
organized by major task to be accomplished and by level of employee who will be assigned to do this work.
The time for firm members to attend public hearings where the EIR is considered.
e. Services or data to be provided by the City that is not already identified in the scope of work.
f. Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. Three printed hard copies of the proposal must be submitted.
c. One Adobe Acrobat format electronic copy must be submitted on CD or flash drive.
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PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and the successful consultant will be selected as follows:
Written Proposal Review and Finalist Candidate Selection
Evaluation of the proposals will be based on the following:
1. Understanding of the work involved in completing Project EIRs under CEQA.
2. The qualifications and experience of your firm’s Project Manager, and your firm’s proposed approach
to Project Management.
3. Demonstrated competence, professional qualifications of proposed staff within the firm assigned to this
project.
4. Recent experience in successfully performing similar services.
5. Ability to work collaboratively with City staff, the project applicant team, and the general public within
the legal requirements of the CEQA process.
6. Demonstrated ability to think clearly and creativity, and to provide succinct analysis that is well-
organized and exceptionally well-written in plain language.
Proposals will be reviewed by a selection committee and ranked in accordance with the above criteria. The City
may choose to conduct consultant interviews to better evaluate the competing proposals, but may choose a
consultant without an interview if one proposal stands out clearly from the others. The City will work with the
selected consultant to finalize a detailed work scope and cost for the purpose of entering into a contract. If an
acceptable scope of work and cost cannot be achieved, the City will work with the second-ranked consultant to
develop an acceptable scope of work and cost proposal that leads to a signed contract.
5. Proposal Review and Consultant Selection Schedule
The following is an outline of the anticipated schedule for proposal review and consultant selection:
Issue RFP ....................................................... April 22, 2020
Consultant questions regarding RFP.................. May 8, 2020
City Answers to Questions ............................... May 13, 2020
Receive proposals ........................................... May 22, 2020
Complete proposal evaluation/interviews .............. June 2020
Consultant Selection .............................................. July 2020
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Section D
FORM OF AGREEMENT [EXAMPLE]
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested qualifications, work scope, and cost proposal for preparation of an
Environmental Impact Report for the 600 Tank Farm Road project per Specification No. XX.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written
above, until acceptance or completion of said services.
2. Start and Completion of Work. Individual projects shall be completed in accordance with approved project
schedules.
3. Contract Term. The services identified in this specification will be contracted for by the City based on a mutually
agreed scope of work, cost and schedule to be negotiated between the City and EIR consultant following
consultant selection.
4. Contract Modification. The scope, cost, and schedule of the agreed-upon contract may not be change except
either by City approval of a prior written request by the consultant to respond to changing project conditions
outside the consultant’s control, or as otherwise directed by the City.
5. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by
changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other
Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions
arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended
for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient
time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance
of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the
above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
6. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at
any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for
convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable
restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less
of a reasonable price for the raw materials, components work in progress and any finished units on hand or the
price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s
liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the
services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise
directed, cease work and follow the City’s directions as to work in progress and finished goods.
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7. Termination for Cause. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such
defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter
in which to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees
or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the
Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services
or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value
of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the project,
as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In
no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its
proposal.
If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be
paid compensation due and payable to the date of termination.
8. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital
and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder
in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and
regulations.
9. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
10. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
11. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.
The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract
requirements.
12. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for four years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
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For Federally funded projects, access to records shall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
13. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect
or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent
or employee of the City.
14. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
15. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
16. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
17. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
18. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
19. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
20. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such
fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
21. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
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Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
22. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
23. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant
agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
24. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to
contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake
an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its
interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant
and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities
or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a
duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such
a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to
notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to
assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in
writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the
ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time
extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute
shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or
specifications concerning the dispute.
25. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negli gence,
recklessness, or willful misconduct of the Consultant.
26. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
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29. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the EIR work scope, as mutually agreed upon under a contract to be negotiated
between the Consultant and City following consultant selection.
30. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested
in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary copies of data needed to complete the review and approval process.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
31. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by
or assembled by the Consultant as part of the work or services under these specifications shall be the property
of City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
32. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications,
or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the
work or services under these specifications, the Consultant shall provide such additional copies as are
requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
33. Attendance at Meetings And Hearings. Consultant shall attend as many "working" meetings with staff as
necessary to accomplish the work scope tasks. Consultant shall attend workshops with the public, and City
commission, committee or Council meetings as identified in the approved work scope.
34. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10-day notice to
issue a check.
35. Project Proposal Submittal. Upon City request, the Consultant shall submit a proposed work scope,
compensation and schedule within 10 working days. The cost proposal shall include all costs including
miscellaneous direct cost items.
36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
37. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
therefore compensation in a total sum not to exceed the agreed upon project fee. Should the Consultant’s work
products contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost
to the City.
The Consultant shall be reimbursed for hours worked at agreed-upon hourly rates. Hourly rates include direct
salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct
costs other than salary and vehicle cost that have been identified and are attached to this agreement. The
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Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently
authorized for State employees under State Department of Personnel Administration rules.
38. Payment Terms. The City's payment terms are 30 days from the receipt and approval of an original invoice
and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net
30).
39. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract
that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager
and the City Director of Public Works, who may consider written or verbal information submitted by the
Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final
audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues.
The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
40. Agreement Parties.
City: Michael Codron
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
41. Incorporation by Reference. The City Request for Proposal Specification # 91343 and Consultant's proposal
are hereby incorporated in and made a part of this Agreement.
42. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the Community Development Director.
43. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant
without prior written approval from the City Project Manager shall be at Consultant's own expense.
44. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.
For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed
by City, Consultant agrees with City to do everything required by this Agreement, the said specification and
incorporated documents.
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Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Derek Johnson, City Manager By:
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
▪ Has carefully examined the Proposal Specification
▪ Is thoroughly familiar with its content
▪ Is authorized to represent the proposing firm; and
▪ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: ________________________________________________.
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
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Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City
in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior
written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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Department Name: Fire
Cost Center: 8599
For Agenda of: April 21, 2020
Placement: Business
Estimated Time: 15 Minutes
FROM: Keith Aggson, Fire Chief
Prepared By: James Blattler, Administrative Analyst
SUBJECT: APPROVAL OF THE UPDATED EMERGENCY OPERATIONS PLAN AS
THE COMPREHENSIVE DI SASTER LEADERSHIP PLAN
RECOMMENDATION
Approve the Comprehensive Disaster Leadership Plan (CDLP) as the updated 2011 Emergency
Operations Plan (EOP) (Attachment A).
DISCUSSION
The Fire Department is responsible for reviewing, maintaining, and updating the City’s adopted
Emergency Operations Plan (EOP). The EOP is a comprehensive all-hazard document that City
staff, public safety, and public service personnel can utilize as a guide while providing critical
services during a disaster or large-scale emergency. The EOP includes annex plans for specific
hazards that have been identified in the City’s Local Hazard Mitigation Plan.
The EOP does not supersede the established protocols for responding to day-to-day emergencies
such as fire service, law enforcement or other departments. Rather, it focuses on those
emergency conditions that will require additional and coordinated response beyond the ability of
any one or set of departments to respond.
The current version of the plan was adopted by City Council on June 7, 2011, with the most
recent annex revision completed in 2013. The Fire Department determined th e current EOP was
in need of a comprehensive review and update. Due to a lack of internal resources, the Fire
Department released a request for proposal seeking a qualified firm to update the City’s EOP.
After reviewing the proposals, the Fire Department selected a local contractor to complete the
scope of work who recently updated EOPs for neighboring agencies.
Work on the new plan, to be re-named the Comprehensive Disaster Leadership Plan (CDLP)
(Attachment A) began in the summer of 2019 and was finalized in March of 2020. The new plan
was designed to be simpler and more straightforward to allow for City staff to more easily
familiarize themselves with the plan during times of disaster or large-scale emergency, with the
added focus on disaster recovery and resiliency.
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An executive summary is provided at the beginning of the document and staff recommends
references the various annexes for details rather than a comprehensive page by page review. The
CDLP, including the Hazard Specific Annexes, was developed using State Multiple Hazard
Functional Planning guidelines, the San Luis Obispo Local Hazard Mitigation Plan, the State of
California Disaster Plan, the National Disaster Recovery Framework, the National Infrastructure
Protection Plan, FEMA Continuation Guidance, and the National Response Plan. As such the
CDLP, complies with state and federal mandates. Compatibility with the San Luis Obispo
County Disaster Management Plans was designed into the CDLP.
Previous Council or Advisory Body Action
On June 7, 2011 the City Council adopted the City’s current Emergency Operations Plan which
was approved to move the City into compliance with the SEMS, the NIMS and the NRF.
Public Engagement
City Staff conducted an Open City Hall survey from July 10, 2019 through August 12, 2019 (34
days) which generated feedback from the public. In total, there were 55 comments submitted
with an equivalent of 2.8 hours of public comment (Attachment B). The feedback was reviewed
by City staff and taken into account during the writing of the CDLP.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action i n this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $N/A
State
Federal
Fees
Other:
Total $ N/A
There is no fiscal impact associated with approving the Comprehensive Disaster Leadership Plan
as the plan provides guidance to the City during times of emergencies.
Item 9
Packet Page 90
ALTERNATIVES
Continue to utilize the existing plan. This is not recommended as the existing plan is outdated
and in need of significant revisions and updates to ensure the City can successfully prepare for,
respond to and recover from disasters in the City.
Attachments:
a - COUNCIL READING FILE - Comprehensive Disaster Leadership Plan 2020
b - Public Engagement Feedback
Item 9
Packet Page 91
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Emergency Management Plan Feedback
August 14, 2019, 2:25 PM
Contents
i. Summary of responses 2
ii. Survey questions 4
iii. Individual responses 5
Item 9
Packet Page 92
Summary Of Responses
As of August 14, 2019, 2:25 PM, this forum had: Topic Start
Attendees:123 July 10, 2019, 4:08 PM
Responses:55
Hours of Public Comment:2.8
QUESTION 1
What natural disasters do you believe will impact the City of San Luis Obispo?
Answered 55
Skipped 0
accident associated casualty caused chemical crisis damage disasters drought earthquake earthquakes fire fires
flash flood flooding floods gas heat human major mudslides multiple natural nuclear outage possible power prolonged related so
storm storms water wildfire wildfires wind
QUESTION 2
What human made hazards may impact the City of San Luis Obispo?
Answered 55
Skipped 0
accident active airplane buildings canyon case could crash crashes diablo disaster due emergency failure fire fires from
gas homeless human lack lines nuclear old other out people plant police power public rail riot shooter shooting support
terrorism traffic truck water
QUESTION 3
What are your expectations of the City of San Luis Obispo prior to a disaster?
Answered 55
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Packet Page 93
Skipped 0
all also areas assist best citizens community create disaster disasters emergency evacuation event fire get
help how information infrastructure keep large maintain out people plan plans possible power prepared preparedness public
residents resources response some t they training up water
QUESTION 4
What are your expectations of the City of San Luis Obispo during a disaster?
Answered 55
Skipped 0
accurate agencies assist assistance citizens communication control coordination disaster do emergency etc evac
evacuation help information maintain order outside people personnel plan plans possible property provide public
quickly residents resources respond response safe safety services state timely what where who
QUESTION 5
What are your expectations of the City of San Luis Obispo after a disaster?
Answered 55
Skipped 0
agencies aid assist assistance citizens cleanup communication community disaster ensure federal flood from get
help info information keep learned need out people place plans provide public rebuild rebuilding relief residents
resources response safe services state support t up what work
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Packet Page 94
Survey Questions
QUESTION 1
What natural disasters do you believe will impact the City of San Luis
Obispo?
QUESTION 2
What human made hazards may impact the City of San Luis Obispo?
QUESTION 3
What are your expectations of the City of San Luis Obispo prior to a
disaster?
QUESTION 4
What are your expectations of the City of San Luis Obispo during a
disaster?
QUESTION 5
What are your expectations of the City of San Luis Obispo after a
disaster?
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Individual Responses
Name not available
July 11, 2019, 5:55 AM
Question 1
Earthquake
Question 2
Diablo Canyon..what happens if waste pooling pools crack or leak after
earthquake
Question 3
Clear evacuation routes ...should we use the grade? Go up hiway 1? That
kinda thing.
Question 4
Health and safety. Law and Order
Question 5
Guidance and support to rebuild
Name not shown
outside Neighborhoods
July 11, 2019, 6:33 AM
Question 1
Drought, Earthquake or Fire
Question 2
The power company shutting down the City infrastrucuture and water
leaving its citizens without the ability to operate their house, keep
refrigeration of food and the ability charge their EV.
Question 3
City officials need to plan a disaster lving community. A battery operated
community of Tiny Houses, Bunkhouses for emergency living quarters to
maintain the City operation, first responders living quarters. Please. seek
and review Paradise, CA troubles as a guide to measures needed for
rebuilding after a fire disaster where their are NO City services or a town
to maintain due to loss of displaced citizens
Question 4
City to enact and try to accomendate public safety measures
Question 5
City to rebuild infrastrucutre Water, Electricity and can follow the lead of
Sonoma County, Napa and Paradise for their input given their rebuilding
efforts
http://paradiserebuilds.org/
Phil Wagner
inside Neighborhood 8
July 11, 2019, 8:21 AM
Question 1
Earthquake, flooding, and wildfire.
Question 2
Accident at Diablo Canyon, water treatment plant failure, sewage
treatment plant failure, lack of infrastructure to accommodate growth,
and unintended consequences due to gorwth.
Question 3
A comprehensive Disaster Plan and periodic drills to prepare for disasters
Question 4
Dissemination of accurate information, public safety, work the plan as
best as possible.
Question 5
Ensure public safety, re-establish public services and utilities, assessment
of Disaster Plan effectiveness
Name not shown
outside Neighborhoods
July 11, 2019, 8:27 AM
Question 1
Earthquakes, wildfires,
Question 2
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transportation bottlenecks, severed utilities (gas, water,
communications)
Question 3
Maintain infrastructure to withstand some hazards; have a disaster
response plan; have/get the resources to execute the plan; provide
information to the public as to what they can realistically expect from the
government in the event of a disaster.
Question 4
Provide timely and accurate information to the public; execute the
disaster response plan; reach out to County, State, Federal agencies for
assistance commensurate with level of need; provide facilities and
resources to support those affected and provide guidance to enable
affected individuals and families to become self sufficient as quickly as
possible.
Question 5
Assemble teams to evaluate what worked and what didn't work; revise the
disaster response plan based on "lessons learned"; provide information to
the public summarizing the response efforts, the cost, the lessons
learned, the revised expectations moving forward.
David Holmes
inside Neighborhood 10
July 11, 2019, 8:33 AM
Question 1
Don't know about "will" [poorly designed question?] but wildfire or
earthquake seem possible.
Question 2
Fire from power lines, gas fire from underground piping,
[Interesting that this question uses "may," while the prior one used "will."
Intentional?]
Question 3
Appropriate / cost-effective steps to mitigate loss of life and property
damage. Note that risk can never be reduced to zero and the core
question is always a risk / cost / benefit analysis.
Providing for continued effectiveness of fire, police and hospital services
during and after a disaster is a top priority.
Question 4
See above.
Question 5
See above.
Jessica Ray
inside Neighborhood 10
July 11, 2019, 9:51 AM
Question 1
Earthquakes and fires
Question 2
Students driving too fast and carelessly, and everyone else driving
obliviously (distracted and selfish/careless driving). Chemicals being
released into the environment. Potentially fires, when people are careless.
Question 3
To respond to disasters as best as they are equipped for and keeping in
mind how their response may have a long-term effect on people and the
environment. I expect that I will be notified efficiently and clearly on how
to properly respond to sudden disasters and be equipped for impending
disasters. Create/maintain apps that might be useful in preparing for or
to be notified of disaster.
Question 4
Communicate clearly and honestly, and give citizens a chance to make
decisions that may impact the city and environment long-term.
Question 5
Communicate clearly and honestly (even when mistakes or bad decisions
were made). Open town hall meetings to discuss and debrief. Rally and
organize the community to participate in cleanup and helping one
another.
Name not available
July 11, 2019, 10:00 AM
Question 1
fire, flood
Question 2
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nuclear power accident, oil spill
Question 3
prepare citizens (and schools) for safest actions to be taken in case of
disaster; designate escape routes; keep streets clear of obstacles (like
obtrusive bicycle lanes on Chorro); keep debris out of creeks; set up ways
to reach and possibly transport elderly and disabled to safety. Note: I was
here in the flood of 1973 when the school district sent children home in
unsafe conditions. I saw children bicycling through flood waters on Pacific
Street.My own children were in a bus leaving Laguna Junior High that had
to cross through a flooded area on Foothill. They were badly frightened,
and still talk about it.
Question 4
fail-safe notification process for all houses when evacuations are
necessary; police presence on main arteries; designation of refuges for
people and animals; assistance to citizens who can't manage by
themselves
Question 5
I don't know.
Name not shown
inside Neighborhood 12
July 11, 2019, 11:49 AM
Question 1
Earthquake, fire, nuclear fuel leak
Question 2
Homeless waste and trash in creeks and public lands
Question 3
Have a plan in place and review/practice regularly
Question 4
Respond to immediately to personal health and safety needs. Respond to
infrastructure damage. Communicate challenges/progress.
Question 5
Follow-up communications and continued community response/support.
Name not shown
inside Neighborhood 4
July 11, 2019, 11:53 AM
Question 1
Earthquake, Nuclear Power Plant accident, Wildfire.
Question 2
Terrorism, Arson, chemical/nuclear/biological accidents.
Question 3
Monitoring, investigation, enforcement, training, education.
Question 4
Rapid response, Alerts, traffic and crowd control, professionalism,
coordination between agencies.
Question 5
Education, public announcements, cleanup.
Name not shown
inside Neighborhood 1
July 11, 2019, 1:03 PM
Question 1
Earthquake, fire
Question 2
Diablo Canyon
Question 3
Develop an evacuation plan, and inform citizens of the plan.
Question 4
Clear roads , instructions on what to do.
Question 5
Clean up and remediation
Name not available
inside Neighborhood 6
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July 11, 2019, 1:19 PM
Question 1
Wildfire, wildfire, wildfire.... wildfire.
Possible earthquake.
Wildfire.
Question 2
Increased utility outages (planned and unplanned).
Violent mass casualty events (very concerned about vulnerability of
citizens at Farmers' Market and Mission Plaza events).
Hazmat accident on highway or rail.
Question 3
Learn from errors/best practices of other communities.
Ensure all City employees understand their roles as Disaster Service
Workers. Hand in hand with that is ensuring that all City employees'
families are the model of preparedness so essential staff can and will
return to work to assist in the event of a disaster.
Build a more robust Emergency Operations Center (perhaps one that isn't
immediately adjacent to the rail line...)
Question 4
Timely, accurate, reliable information.
Well-coordinated response from traditional (Fire, PD, Public Works) and
non-traditional (Parks & Rec, Community Development) staff. All hands
on deck!
Question 5
Assist with recovery effort by connecting residents and businesses with
State and Federal agencies with resources for recovery.
Name not shown
inside Neighborhood 6
July 11, 2019, 1:48 PM
Question 1
Earthquake
Question 2
Fires
Question 3
To have little or nothing of substance to address the important issues, but
they will produce a glossy report.
Question 4
To do a poor job , to fumble and fail to to the best.
Question 5
To circle their wagons, lie about anything that makes them look bad and
deny any responsibility or wrong doing.
Tim J
inside Neighborhood 6
July 11, 2019, 2:21 PM
Question 1
Natural? Earthquakes mostly. Weather extremes, but that might now fall
under man-made.
Question 2
Diablo Canyon, Rail accidents, Fascism.
Question 3
Should have food and water stored ag various locations within the city to
last at least a month for entire population. Evacuation plan for hazardous
materials/radiation event.
Monthly public trainings on how to react, including compassion training
so people don't turn into a mob. Get self-generated off-grid power
systems set up around city to at least power emergency
shelters/community buildings (Library, Veterans Hall, etc.). Create public
communication system that doesn't rely on private, for profit companies
like Verizon who will put money over emergency services.
Question 4
All city staff/trained citizen volunteers activate to check on every city
resident/building. Broadcast the truth.
Question 5
Improve upon systems that may have not functioned ideally. Find out how
other cities/unincorporated areas are faring and offer assistance if
possible.
Name not shown
inside Neighborhood 1
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July 11, 2019, 2:36 PM
Question 1
Possibly an earthquake
Question 2
The Homeless epidemic, the person running around with the Police Chiefs
service weapon that she left in a bathroom at fast food restaurant.
Question 3
I have lost hope in the city’s ability to accomplish anything. Our Police
Chief can’t keep track of her weapon.
Question 4
Absolutely nothing. If you are hoping this city will be able to accomplish
anything you’ll be sadly disappointed. Make a plan for yourself and
family.
Question 5
The City manager and Mayor will say that the city preformed amazingly.
Everyone will know that’s absolutely false.
Name not available
July 11, 2019, 2:59 PM
Question 1
Earthquakes and Wildfires. Also possible, very strong winds and torrential
rains, so even flooding or mudslides.
Question 2
Above-ground power lines, gas lines, old water and sewer lines, old
crumbling bridges.
Question 3
I doubt they would be much more prepared then they were for the last
earthquake. I manage property in the downtown area, and as I recall,
there were "hot"power lines down on the street (Marsh St) in front of one
of the buildings I manage. It took forever for that to be remedied. The City
should be pro-active in under grounding all power lines, starting with
creating some safe routes out of town. There is not even one presently.
There are even power lines over the 101! How about looking up next time
you drive up Osos St/Santa Barbara? Do you see the problem? And that
street was just completely torn up to install some very large pipes, yet
nothing was done about the cris-crossing maze of over-head power lines.
With each new development, you require developers to install or bond
around proper infrastructure. Yet owners of older properties have been
able to lease and sell, realizing huge profits without any requirement to
pay their share of the cost of updating infastructure. It is time to find
some ways to get the work paid for and done! Also, wasn't that old bridge
over Marsh Street which looks as if it is coming apart at the edges
supposed to be replaced?
Here are some other suggestions: Create some organizations and
systems. Imagine there is no electricity. Ham Operator networks?
Neighborhood preparedness teams with say annual meetings? That
might help elderly and disabled in each neighborhood and facilitate quick
checks on people who might need help with getting out or getting aid.
Establish regionalized distaster "leaders" & specific types of equipment
or supplies? Knowing where to access exactly what and who in advance
could save critical time and losses. These networks could also alert
safety personnel to where the needs are most urgent.
Question 4
Little to none at present. We have a good fire department, and I have
confidence in them. But if the disaster is very big and regional, I would
expect the City to recruit State and Federal aid.
Question 5
I have noticed that after big storms they do send out tree crews to get the
trees out of the streets, and that is very helpful. Other than that about all I
would expect them to do is to assess the damage, and apply for State and
Federal aid for relief from the expenses.
Name not shown
inside Neighborhood 7
July 11, 2019, 3:26 PM
Question 1
Fire and flood, not necessarily in that order. Drought. Low probability of
earthquake.
Question 2
In case of emergency, public panic and disorder; traffic jams; looting;
homeless camps and waste; drug/marijuana and alcohol abuse, which
could variously impact first responders.
Question 3
A technically up-to-date and fully staffed EOC; fully funded police and fire
first responders; clear protocols for EOC communications with citizens;
regularly updated building and rental codes and regulations to reflect
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population growth, aging construction, improved weather and earthquake
prediction; infrastructure reconstruction.
Question 4
Coordination between city, county and state agencies; transparent
communication with citizenry via media and cell phone; coordinated
deployment of city, local and state emergency services; enforcement of
public order and protection of property.
Question 5
As necessary, restore communications, order, public services; in concert
with Red Cross, Salvation Army, Food Bank, and other charitable
organizations, see to provision of food and temporary shelter, giving
priority to families.
Name not available
outside Neighborhoods
July 11, 2019, 3:37 PM
Question 1
wildfire, drought, earthquake, storm/flood
Question 2
nuclear plant discharges, potential civil unrest in the case of localized
food or water shortages.
Question 3
To analyze risks and scenarios, take measures to prepare emergency
plans for communication and logistics to assist residents and
neighborhoods adversely affected. Educate/remind the public about
what they should do pre-emergency (water storage, emergency food
supplies, go-bag, etc.)
Question 4
Maintain civil control, provide communication and logistics to assist
residents and neighborhoods adversely affected.
Question 5
Seek disaster reconstruction aid to rebuild community assets, formulate
plans to incentivize community rebuilding in sectors hardest hit, evaluate
scenario planning vs. actual disaster and improve plans and resources
based on lessons learned.
Name not shown
inside Neighborhood 8
July 11, 2019, 3:56 PM
Question 1
Wildfire, earthquake
Question 2
PGE line failure causing fires
Question 3
Hold utilities accountable for maintenance BEFORE something happens.
Question 4
Assist with orderly evacuation, keeping citizens safe then keeping our
homes safe.
Question 5
Keep citizens safe
Prevent looting if citizens have to evacuate
Name not available
July 12, 2019, 1:19 PM
Question 1
Earthquake
Question 2
Diablo Canyon
Question 3
To have emergency plans in place for multiple foreseeable disasters and a
quick and efficient way to get that information to the public. Also disaster
plan info with visuals distributed to the public before disaster strikes.
Question 4
To not only implement plans to protect as many people as possible but
have outside help lined up for different types of emergencies incase our
responders are not sufficient.
Question 5
I would hope we have some sort of plan for cleanup and rebuilding in
place.
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Name not available
July 12, 2019, 6:30 PM
Question 1
Earthquake, fire
Question 2
Possibility of eliminating city support of fire/police dispatch center.
Question 3
Maintain fire/police personnel including dedicated, city supported
dispatch center.
Question 4
Respond in a timely manner to emergencies.
Question 5
Have seasoned, competent fire and police personnel.
Name not available
July 12, 2019, 6:47 PM
Question 1
Earthquake, Human caused multiple casualty crisis, Nuclear accident,
chemical accident, Flood, Storm
Question 2
Terrorist , or other active shooter or riot.
Question 3
Create the ability to maintain or restore order and assist victims as
possible.
Question 4
To restore and/or maintain order and assist victims as possibleTo
Question 5
To work on restoring the town to the wonderful place it is.
Name not shown
inside Neighborhood 5
July 12, 2019, 6:47 PM
Question 1
Earthquake, Human caused multiple casualty crisis, Nuclear accident,
chemical accident, Flood, Storm
Question 2
Terrorist , or other active shooter or riot.
Question 3
Create the ability to maintain or restore order and assist victims as
possible.
Question 4
To restore and/or maintain order and assist victims as possibleTo
Question 5
To work on restoring the town to the wonderful place it is.
Name not shown
inside Neighborhood 12
July 13, 2019, 11:36 AM
Question 1
Wildfire
Question 2
wildfire
Question 3
Reduce fire load in hills surrounding city
Question 4
clear useful information available easily
Question 5
Affected people given appropriate info.
Mike Bettencourt
inside Neighborhood 12
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July 13, 2019, 5:38 PM
Question 1
Earthquakes, Major brush fires, Flooding during a major storm, Major gas
leaks.
Question 2
Any type of terror attacks, whether it be by a person with a gun or a bomb.
Question 3
Knowing that the city can be prepared in the best possible way for any
disaster and use all city resources to be ready as best they can.
Question 4
Knowing that the city can handle the disaster and don't be worried about
calling outside help to maintain or control the disaster.
Question 5
T keep intouch with people that are affected by the disaster and help in
any way they can.
Name not available
July 15, 2019, 3:45 PM
Question 1
I believe the most likely natural disasters that we will face include fires
and earthquakes.
Question 2
Certainly, a catastrophic fire seems the most likely human made disaster.
Question 3
First, I would like the City to partner with the citizens of SLO prior to
finalizing a new plan. Second, we need to educate residents about their
personal responsibility to be prepared for a natural disaster. Lastly, it
would be valuable to involve school PTAs, churches and community
organizations to help carry the message of preparedness.
Question 4
City emergency personnel along with agency partners must move quickly
to implement actions necessary to provide relief and rescue services to
the public.
Question 5
First aid, search and rescue, sheltering those in need, daily
communication in order to keep citizens informed
Name not shown
inside Neighborhood 9
July 15, 2019, 5:04 PM
Question 1
Fire
Earthquake
Flood
Heat
Question 2
Multiple vehicle accident
Fire
Power outage
Gas or waterline break
Hazardous material
Crime wave
Nuclear
Terrorism (including cyber)
Riot
Medical emergency (e.g. pandemic flu)
Question 3
Have a detailed plan for potential disasters.
Provide training and drills for all City employees.
Stockpile some critical emergency supplies and equipment.
Provide outreach training and guidelines for the community. Especially
focus outreach on large stakeholders (e.g. Cal Poly, schools, mobile home
parks, HOAs, etc.).
Question 4
Coordinate the response.
Provide ongoing communications with stakeholders and the general
public.
Question 5
Evaluate the situation and determine critical needs and priorities.
Reach out to the government and others for help.
Distribute and facilitate aide.
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Ensure that there is help with paperwork.
Cut red tape to expedite the response.
Name not shown
inside Neighborhood 1
July 15, 2019, 7:45 PM
Question 1
Fire earthquake nuclearincident
Question 2
Fire
Question 3
Solid evacuation and sheltering plans informed to the residents
Question 4
Honest timely info to public
Question 5
Prompt application for state and federal assistance. Current info to
population re resources and aid available.
Name not available
July 16, 2019, 1:18 PM
Question 1
earthquake
earthquake with Diablo implications
Question 2
Pollution - impact of old infrastructure and needed updates
Question 3
letting people know where and how to get information in an emergency
help with shelter/emergency response help as needed
communicating with the community often and with information/updates,
not just instructions
find a way to organize community efforts so donations/help is centralized
- utilize social media and get out in front of issues/help
Question 4
be a community leader,/show care and leadership, even if outside of city
limits
Question 5
Continue to be the hub of information for people living here, looking for
people locally or those looking for info outside of the area, that can't get
here in an emergency.
know how to convene leaders, emergency workers, and volunteers to help
the most people without duplication or wasted time/resources
Name not available
July 17, 2019, 5:58 AM
Question 1
Any chaos, we will be so stuck on the roads to leave.
Question 2
The lack of lanes to travel outta here. Traffic will kill us . The homeless
used the city for the last time as their toilet
Question 3
Better infrastructure would help, put the homeless on Prado , just keep
picking them up and relocating them back there. All of them. Not allowed
to loiter downtown!!!!!
Question 4
Not much can be done when you can’t evacuate
Question 5
Learn the hard way.
Name not shown
inside Neighborhood 6
July 22, 2019, 11:37 AM
Question 1
Earthquake & Fire
Question 2
Anhydrous ammonia tank failure (near airport) and Nuclear plant
malfunction (less concerning, personally)
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Question 3
Enforcement of codes and inspection of critical infrastructure. Education
of all likely risks.
Question 4
Shelter, food and water for those displaced. Unyielding firefighting policy.
Accountability where failures exist.
Question 5
Repair the incredible community that we have and learn from mistakes to
ensure it won't happen again. Encourage innovation in preventing future
events.
Name not available
July 24, 2019, 6:32 AM
Question 1
Earthquake, wildfire, flash flooding after fires
Question 2
PGE imposed rolling blackouts, chaos due to lack of infrastructure,
support, public knowledge and resources. brush fires by transients and
careless citizens. trash and refuse piling up, traffic chaos due to lack of
police officers (lack of funding and support of our police, money going to
the wrong people)
Question 3
attempt to educate the public, help those who choose to prepare, have a
solid plan of action in place with contingencies for worst case scenarios.
Question 4
Maintain order, help those who need help, be organized, provide
information as quickly as it becomes available.
Question 5
rebuild if necessary, learn from mistakes and successes. give
praise/recognition to the staff who kept everything going and the
sacrifices of the people who are most often forgotten about.
Name not available
July 26, 2019, 12:17 AM
Question 1
drought
Question 2
terrorism
Question 3
none
Question 4
none
Question 5
none
Name not available
July 30, 2019, 8:30 AM
Question 1
Fire, Earthquake
Question 2
Blackout, nuclear attack (unlikely but based on our proximity to
Vandenberg AFB there could be side effects)
Question 3
That in general there are contingencies for most disasters, no matter how
unlikely they seem and that we are prepared to be moderately self
sufficient (during a large event commonly used external resources may
be expended elsewhere)
Question 4
I expect that emergency services are prepared to keep public order
(prevent looting and violence spurred by fear)
Question 5
I would expect that the City put together a post-disaster report which
summarizes and puts to rest facts the event. This report should include a
easy to digest summary, a long and technical portion as well as interviews
and testimony from citizens.
Name not available
inside Neighborhood 10
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July 31, 2019, 2:18 PM
Question 1
--fire
--earthquake
--flooding
Question 2
--road capacity--I know we are all trying our best, but some of the roads in
SLO are overcrowded and hazardous even outside of rush hour traffic.
(for example, a left turn onto broad from those side residential streets--I
often will cut through parking lots in the back of neighboring housing
complexes and add more time to my commute just to avoid getting t-
boned trying to cross oncoming traffic). I can't imagine how that would
play out in an emergency situation.
Question 3
--adequate road plans/maps for evacuations, should it come to it.
Question 4
--clear/ample communication, as many provisions as possible (food,
water, shelter, etc.), public service personnel staffed during an event to
route people into a plan of action/evacuation.
Question 5
--all of the previous, plus relief programs for rebuilding, support for
businesses, etc.
Name not shown
inside Neighborhood 1
August 2, 2019, 12:59 PM
Question 1
Fire, excessive rain, possible earthquake.
Question 2
Deablo (but I do not see this as a hazard I worry about), excessive brush
not cleared.
Question 3
preparation to mitigate the above risks. ie city plan, resident information,
training, requirements and guidelines.
Question 4
good information flow, strong support.
Question 5
good information flow and ongoing support and cleanup
Name not available
August 4, 2019, 9:16 PM
Question 1
Earthquakes
Question 2
Fires
Question 3
Early as possible notification!
Question 4
Assistance with homebound people
Question 5
Monitoring of air & water quality
Name not shown
outside Neighborhoods
August 6, 2019, 1:51 PM
Question 1
fire, flood
Question 2
active shootings, terrorism, nuclear disaster
Question 3
good communication on things we can control
Question 4
good communication on where to find resources and what to do.
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Question 5
communication on what to do
Name not available
inside Neighborhood 2
August 6, 2019, 2:14 PM
Question 1
Earthquake
Question 2
Fire
Question 3
To be prepared for all kinds of disasters
Question 4
To act calm, sensibly, fast and according to their training in the event of
disaster
Question 5
To continue providing support to all victims and continue with further
education and training, as needed, and as discovered (learned) while
handling disaster care.
Name not available
August 6, 2019, 2:18 PM
Question 1
Earthquakes
Question 2
Escape routes, panic
Question 3
Training, especially with other departments, agencies
Question 4
Respond quickly, communicate
Question 5
Communication.
Name not available
August 6, 2019, 2:26 PM
Question 1
earthquakes, wild fires, flooding, landslides tsunami an awakening
volcano meteor
Question 2
any thing could be a hazard depending on the circumstances. ie airplane
crashes into chemical plant. airplane takes out power pole. ag worker
takes down city power while handling irrigation equipment. railroad
crossings. tall trucks under low overpasses. dysfunctional traffic lights in
huge intersections. traffic jams in general. if there is a disaster be it
human or natural there are only two ways out of this county and the
traffic would make it prohibitive to try.
Question 3
continuous risk management, updating of tech for monitoring and
response, updating of equipment and training of first responders . the
city is growing and the needs are changing. . keep checking for the
expanding development of earthquake advance warning systems. it pays
for humans to be prepared for disasters. pg&e has sent out prep lists.
but the city has certain zoning rules that inhibit being able to be a prepper
for a disaster. this may be an area to check into. ie generators,
alternative living quarters such as campers on the property, water
storage units. etc.
Question 4
coordination of responding agencies. local state and fed and ngo
Question 5
follow up on what succeeded and what failed to help. i would expect of
the population though, confusion panic and chaos. thus the agencies
need to be prepared for that also. not all people are hooked into a mobile
communication device..
Name not available
inside Neighborhood 7
August 7, 2019, 9:55 AM
Question 1
Earthquake, flooding and fire.
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Question 2
Debris in creeks
Question 3
Clean up fire hazard and stream blocking debris in public areas and
creeks.
Question 4
Information
Question 5
Information
Name not available
August 7, 2019, 10:07 AM
Question 1
Wildfires, power outage, Earthquake, flooding dt
Question 2
Unreinforced buildings, buildings, homes not up to code to withstand
earthquakes; homes built close to open spaces, people living in
creek/other natural areas causing fires.
Question 3
Keep open spaces clear of illegal campers and debris that can contribute
to fires and/or clog creeks; have resources and emergency evacuations
areas for evacuees - complete with appropriate resources, water, food,
bedding or ways to get those
Question 4
Quick and aggressive evac notifications, quick response for medical
needs, cohesive plan on what the city will provide and what citizens can
do to prepare, where evac centers are located, provide clear evac plans
and routes/alternative routes.
Question 5
Assist wit clean up, coordinate emergency services like providing an easy
access place for residents to be a to meet with red cross, female, local
relief agencies/resources; provide transitional help/temp housing for
those that haven't been able to return home ie keep evac center open.
Debrief citizens on how things went, impacts, services provided, plans for
improvement for future disasters. Provide clear info on budget impacts
and plans to recoup/recover and ensure proper funding going forward.
Name not available
August 7, 2019, 10:46 AM
Question 1
Fire, earthquake, possible flooding/weather-related disasters
Question 2
Airplane crash, train crash, vehicle crashes, nuclear disaster, shooting
Question 3
To have completed a thorough risk management analysis (of which this
survey is a component), determine possible scope of various disasters,
plan for ways to mitigate the hazards, and plan for emergency services if
the disasters occur
Question 4
To take a lead role in the protection of life and property; communication
Question 5
Same as above.
Name not available
August 7, 2019, 11:15 AM
Question 1
Fires & Earthquakes
Question 2
Increased homeless population and the trash/drugs that come along with
that.
Question 3
Work towards things that will help reduce large fires such as more
controlled burns.
Question 4
Great communication and continued updates. This could be through
social media, mobile apps, text alerts, etc.
Question 5
Work towards solutions to improve the negatives that arise from the
disaster and properly communicate this to the community.
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Name not available
August 7, 2019, 11:30 AM
Question 1
Earthquake, fires, floods, windstorm, epidemic
Question 2
Transport (rail and truck) hazmat, mass shootings, aircraft crash,
terrorism. The downtown Famers Market is extremely vulnerable to a
truck attack (as per Nice, France in 2016); said vulnerability would be
greatly (and inexpensively) mitigated by simply parking a city truck
across Higuera at Osos. Similar barriers at other intersections and
access points would be good too, but the Higuera/Osos intersection is by
far the most critical vulnerability. Do this now.
Question 3
I'd like to see more emphasis on public education and preparedness, also
realistic TTX and CPX exercises of command level staff. Informational
workshops on risks and response issues should be developed for the
community at large and also city leadership and management level staff.
I don't believe there's been an EOC activation or "no-notice" drill of same
in many years.
Question 4
Responsive command and control of SLO City resources and emergent
community elements. Timely and appropriate strategic communications
with city residents (who speaks for the city? Who's the "lead" PIO and
what team supports them?). Accurate situation assessment reports to
Regional and State mutual aid systems and effective coordination of
responses from out of area resources.
Question 5
Rapid restoration of essential services. Assertive representation and
assistance with state and federal aid programs to the affected portions of
the community. SLO City should have an accurate and efficient system
for tracking reimbursable response costs. Good communications with
the city residents and businesses on relief and restoration programs and
progress.
Name not available
inside Neighborhood 6
August 7, 2019, 12:06 PM
Question 1
Wildfires, earthquakes
Question 2
Active shooters, nuclear release
Question 3
Provide best evacuation routes, advertise evacuation centers (within the
city, nearby cities, and the broader county)
Question 4
Provide prompt communication about changing threats, utilizing text and
other communication.
Question 5
Provide safe access to homes, and restore power, water, gas, in a timely
manner.
Name not available
August 7, 2019, 12:31 PM
Question 1
Fire, Flooding, Gas Explosions
Question 2
Construction
Question 3
Communication and guidance.
Question 4
Disaster management and responsiveness.
Question 5
Disaster management and responsiveness.
Name not available
August 7, 2019, 12:58 PM
Question 1
Earthquake, Fire, Power Outage
Question 2
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Industrial Explosion, Chemical Release, Contagious Disease
Question 3
Have a robust action plan, materials needed to contain the even,
personnel to assist the public
Question 4
Have a robust action plan, materials needed to contain the even,
personnel to assist the public
Question 5
Relief, area with FEMA and agencies to assist rebuild
Name not available
August 7, 2019, 2:32 PM
Question 1
Flood
Earthquake
Storms
Wildland Fire
Question 2
Diablo Canyon
HazMat incident
power outage
active shooter
Question 3
tell us what their plan is for response
have the equipment and supplies necessary to shelter people
Question 4
to respond quickly bring us back to normal
Question 5
help us get the monies to recover properly
Name not available
August 7, 2019, 3:04 PM
Question 1
Earthquakes and Wildfires mainly.
Question 2
Fires and the accelerated effects of climate change due to fossil fuel
burning.
Question 3
Prevention and community education to include emergency
preparedness and expanded CERT training / coordination within higher
density areas of the county. Evacuation plan if appropriate / needed.
Possible alert systems via TEXT / Media and possibly in-place siren
system.
Question 4
Communication and direction to the citizens as best as possible.
Contingency plans that are in-place for schools, hospitals and
government that can be somewhat transferable to the private sector.
Question 5
Too attend to the fallout as best as possible while keeping certain
functions of Gov.'t running while tending to saving lives and property.
Hospitals will need contingency plans and potential triage areas defined.
That is why CERT is so important. Services will be stretched thin and
people will need to be somewhat self-sufficient for a period of time
depending on the extent of the disaster.
Name not available
inside Neighborhood 3
August 9, 2019, 7:45 AM
Question 1
Earthquake, severe heat, flooding, fire.
Question 2
Shooting in public places. In case of emergency, people getting trapped
on the roads from traffic because they can't get out of town. Right of ways
need to be improved to allow easy exit.
Question 3
Increased understanding of potential disasters (likelihood of fire in certain
areas, most likely failed buildings during earthquake, flooding areas
relative to San Luis Creek and overtopping of stormwater system). In the
case of a disaster, responders will be able to go right to where the help is
needed most and direct individuals to safety or help.
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Question 4
Executing evacuation plans based on the fulfilled expectations stated
above. In the case of a disaster, responders will be able to go right to
where the help is needed most and direct individuals to safety or help.
Question 5
Providing medical assistance and a safe place for shelter.
Name not available
inside Neighborhood 10
August 9, 2019, 8:22 AM
Question 1
fire, flood, earthquake
Question 2
fire, accident at Diablo
Question 3
preparedness information, predetermined exit routes out of the City,
predetermined shelter locations
Question 4
information, assistance with elderly and infirmed, effort at protecting
property if that's reasonable based on the disaster
Question 5
information, guidance to resources, effort at protecting property if that's
reasonable
Name not available
outside Neighborhoods
August 9, 2019, 3:37 PM
Question 1
Fire, earthquake, mudslides, water depletion.
Question 2
Nuclear, mass shooting.
Question 3
Clear plan of action.
Question 4
Provide resources for getting basic necessities and care.
Question 5
Clear and easily accessible communication about next steps and
resources available.
Allan Cooper
inside Neighborhood 5
August 10, 2019, 12:01 PM
Question 1
Flash floods in the Downtown Core, hillside related mudslides, wildfires
encroaching on SLO's city limits, earthquake damage and associated
problems with evacuation, prolonged periods of smoke inhalation
associated with nearby wildfires, prolonged drought resulting in water
rationing, heat strokes caused by prolonged heat waves, wind damage
associated with increasing severity of storms and storm/wind related
power outages.
Question 2
Nuclear fallout from the Diablo power plant (perhaps resulting from
severe seismic activity), domestic terrorism, human caused power
outages, railroad- or truck-related toxic spills, bridge failures, sewage
spills, vector-borne diseases, plane or helicopter crashes in urban areas,
explosions resulting from gas leaks, water pollution (lead, mercury, etc.),
fires caused by arsonists and war.
Question 3
Evacuation could be a problem since we have a limited number of roads
leading into and out of the City. Evacuation should be part of our disaster
preparedness plans. The City should prevent urbanization from taking
place in flood plains, under flight paths, adjacent to wildlands that are
prone to wildfires or on unstable slopes. In order to facilitate evacuation,
the City should cap its building heights to 3-4 stories. The City should
assure that residents have easy access to cars (as opposed to the current
policy of limiting parking for cars) or some form of public transportation.
The City should encourage residents to go off the grid (and/or have
backup generators) in the event of major power outages. The City should
encourage residents to stockpile food and water in the event of
emergencies.
Question 4
Obviously recue operations should take place. Advisories should be
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broadcast. Calls for assistance from the State and Federal Government.
Safe havens (gyms, basements, etc.) should be provided for displaced
residents and visitors. Executive orders should be made declaring a state
of emergency. Both lanes of roads should be redirected to maximize
evacuation.
Question 5
Work with FEMA to provide remuneration for losses. Get assistance from
the National Guard for flood or wildfire related clean up. Reassess
reurbanization of lands within flood plains, adjacent to wildlands, along
fault lines, etc. Relocation of displaced residents. Stricter ordinances
pertaining to disaster preparedness (i.e., raising the minimum height of
buildings above 100 year flood plains, increasing the mandatory use of
fire retardent building materials, mandatory air filtration/purification
systems installed in new buildings, etc.).
Name not available
August 11, 2019, 11:31 PM
Question 1
Flood and earthquake.
Question 2
Increased building and the height of buildings in the downtown will make
it more difficult to evacuate. What kind of transportation is in place to
evacuate the city. All of the vehicles have been pushed out of the city.
Question 3
City should have a plan for transportation out of the downtown core to
facility evacuation. It appears that the creeks in the city have been
neglected and not cleaned and cut back to allow for water to flow in the
high flood area.
Question 4
Plan to be able to evacuate the city during a flood warning. A plan for an
earthquake.
Question 5
Provide medical and disaster relief to assist people in being safely housed
if out of their homes. If able to return to their homes what is needed to
make the infrastructure safe enough for residents to return.
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Department Name: City Attorney
Cost Centers: 1001
For Agenda of: April 21, 2020
Placement: Business Item
Estimated Time: 30 minutes
FROM: Christine Dietrick, City Attorney
Derek Johnson, City Manager
Prepared By: Bailey Hicks, Legal Assistant
SUBJECT: 2020 LEGISLATIVE PLATFORM
RECOMMENDATION
1. Adopt a Resolution (Attachment A) establishing a Legislative Action Platform for 2020; and
2. Provide direction to staff on the scope and application of the legislative platform related to
advocacy for non-legislative items or particular projects; and
3. Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative liaisons
between the League of California Cities and the City of San Luis Obispo.
DISCUSSION
Attached for the Council’s consideration is a resolution establishing the City’s 2020 Legislative
Action Platform. The City Attorney's office coordinates the Legislative Action Platform with
assistance from the Administration Department and various City departments, as appropriate. This
resolution authorizes staff to respond to legislative issues affecting the City (via letters signed by the
Mayor or the relevant Department Head), provided that the positions taken in the letters are
consistent with the priorities identified in Exhibit A to the resolution (Attachment B) and League of
California Cities advocacy efforts.
By establishing a broad legislative platform and delegating responsibility to the Mayor and staff to
respond to proposed legislation and recommendations from the League of California Cities, the City
is better able to react quickly to changed circumstances and urgent requests than it would be if each
item were brought to the Council at its regular meetings. The process is considered a best practice,
has been efficient given the limited City resources available, and the City continues to be very
active in communicating its positions on Federal and State legislation. In 2019, the City sent 27
letters pertaining to pending legislation utilizing the Legislative Action Platform.
In preparing this year’s draft platform, input was solicited from all City Departments. Staff was
asked to take a critical look at the items within their scope of operations and expertise and evaluate
whether there was an opportunity to narrow or focus the platform. With that look, several additions
and clarifications were recommended. All changes, including language clean-ups and issue
consolidations, are shown in the legislative draft of the 2020 Platform attached to this report.
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In addition to Council’s substantive direction on the platform, staff is also seeking direction as to the
application of the platform to City positions on particular projects or applications that Council
Members believe to raise issues related to the platform. Historically, and as affirmed by the City
Council since 2016, the platform has been utilized primarily to advocate for or against a particular
piece of legislation and not for or against a particular project or permitting application (adjudicative
acts before other jurisdictions’ legislative bodies). Staff continues to recommend that the scope be
limited to legislative action, but again requests explicit direction from a Council majority on that
issue to ensure clarity in expectations moving forward.
New to the Legislative Platform this year is a section related to the City’s relationship with
Monterey Bay Community Power (MBCP). City Council approved joining MBCP in September
2018 and City representatives have been seated on MBCP’s Policy Board, Operations Board, and
Community Advisory Council since 2019. This section of the City’s Legislative Platform
identifies City policy positions on key topics that may come before the various MBCP boards
and advisory bodies.
Also new to the Legislative Platform this year in language which states that the City will pursue
aggressively COVID-19 related legislation and funding at the Federal and State Level to assist
residents, businesses, and the City in their economic recovery from this incident.
Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a council member and a staff person to
act as legislative liaisons between the League and the City. Staff recommends that Mayor Heidi
Harmon act as the Council legislative liaison and the City Attorney and the City Manager serve as
the staff liaisons.
Previous Council or Advisory Body Action
Similar resolutions have been adopted by the Council since 1993 following the advice and example
of other cities (1993 Staff Report).
Policy Context
The legislative platform is a tool to promote the efficient use of staff and Council time.
Efficiency is always an important goal to strive for but is also an underlying component of the
Fiscal Health Response Plan. While not a new way of doing business, it is an existing practice,
the purpose of which is to reduce time spent drafting, reviewing and acting on Council agenda
items, freeing time to work on other matters and ensuring the most timely and effective response
to emerging issues.
Public Engagement
Proactive public outreach is not historically part of the legislative platform adoption process.
Occasionally, during the year, members of the public will contact the City to ask if it will support
or oppose a piece of legislation, but recommendations to update the issues included in the
platform itself come from staff.
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CONCURRENCE
All City Departments provided input on the 2020 Legislative Platform and concur with the
recommendations in this report.
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: No Budget Year: N/A
Funding Identified: No
Funding Sources Current FY Cost Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total:
Because no additional staff work is anticipated as a result of this ongoing program, no new fiscal
impact will be incurred.
ALTERNATIVE
The Council may wish to include other issues, not included in the current draft. However, it is
important to note that the Legislative Action Platform allows the City to act on any bills and other
measures formally supported by the League of California Cities. It is staff’s recommendation that
desired additions to the Platform are generally crafted and flexible to allow for quick responses to
legislation important to cities.
Attachments:
a - Resolution adopting the 2020 Legislative Platform
b - Legislative Draft, Exhibit to Resolution
Item 10
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R _____
RESOLUTION NO. _______ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE
ACTION PLATFORM FOR 2020 AND APPOINTING THE COUNCIL
MEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA
CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative
action platform which strengthens local government, promotes City goals and defends the City
against legislative actions by State and Federal governments that would weaken local government
and/or take away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to
effectively communicate with State Legislators and Federal representatives in order to favorably
influence State and Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision-
making processes directly affecting the City legislative priorities identified in Exhibit “A,” and other
selected issues as may from time to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City’s Legislative Action Platform is face-to-face
meetings between City representatives and elected officials at the Federal, State, and County levels,
and coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
SECTION 1. Establish the Legislative Action Platform for 2020 as set forth in the attached
“Exhibit “A and authorize the Mayor and designated staff to take positions on legislation generally
consistent with the Legislative Action Platform and such other resolutions and recommendations of
the League of California Cities as may be from time to time presented to the City; and
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Resolution No. ______ (2020 Series) Page 2
R _____
SECTION 2. Appoint Mayor Heidi Harmon to act as Council Member legislative liaison
and City Manager Derek Johnson and City Attorney Christine Dietrick to act as staff legislative
liaisons with the League of California Cities.
Upon motion of ____________________, seconded by ________________, and on the following
vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ___ day of __________ 2020.
_______________________
Mayor Heidi Harmon
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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EXHIBIT A
CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM FOR 2020
The following reflects those legislative matters on which the Council majority authorizes the
Mayor, City Manager and City Attorney to engage in legislative advocacy on behalf of the City
without the need for further Council review or authority. The Council’s authorization extends
only to advocacy for or against generally applicable legislative proposals being considered by
local, regional, state and/or federal policy makers or regulators and does not extend to advocacy
on any individual project or entitlement application pending before any decision -making body,
unless specifically noted herein.
Climate Action
1. Providing funding (e.g., through Cap and Trade or other sources) for communities to
pay for public infrastructure that meet s mandated greenhouse gas emission reduction
goals.
2. Providing funding to implement programs and related action items contained in local and
regional Climate Action Plans to quantitatively reduce greenhouse gas emissions and
advocating for regulatory reform, including but not limited to clean technologies, micro-
grids, all electric buildings, electrified transportation.
3. Providing communities broad authority to form and administer Community Choice
Energy (CCE) programs, reforming the CPUC, and limiting decisions that negatively
impact CCEs or otherwise shift the financial impacts of investor owned utilities to CCEs.
4. Providing support for the Cal CCA’s Regulatory and Legislative Platform.
5. Promoting regulatory reform for the transition to clean technologies, microgrids, low and
zero carbon energy generation, and decarbonized buildings.
6. Reforming CPUC policies to ensure investor owned utilities are able and required to
provide timely, accurate, and sufficiently detailed energy data.
Homelessness
1. Supporting funding for project-based permanent affordable housing, Temporary Rapid
Rehousing, Tiny Homes, Temporary Emergency Shelter Units and Private Market
Landlords. Strong connections to landlords are even more important in high-cost, low-
vacancy markets, where affordable housing options are limited and even those with a
voucher may find themselves unable to locate a unit.
Deleted: 19
Deleted: e
Deleted:
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LEGISLATIVE ACTION PLATFORM FOR 2020
Page 2
Deleted: 19
2. Supporting additional funding that encourages unique multi-departmental and inter-
governmental collaboration to assist individuals experiencing homelessness, such as the
City’s Community Action Team (CAT).
3. Supporting legislation that focuses on employment services and job training for
individuals who are homeless or at-risk of becoming homeless.
4. Supporting federal, state, county and local jurisdictions in providing legislation that
focuses on preventing and ending homelessness and provides funding that promotes all
levels of government and private, non-profit, and faith sectors to come together to build
a common vision that align activities, policies and priorities to ending homelessness.
5. Promoting funding and legislation that addresses the removal and storage of homeless
individual’s belongings and the cleaning of sites used by homeless groups.
6. Supporting county programs that promote access to expanded behavioral health services,
including substance use disorder treatment services. Including new approaches to
financing health care to create both opportunities and strong incentive for hospitals to
work with community partners to invest in improving the health of patients and to reduce
avoidable emergency room visits, hospital stays and readmissions.
7. Promoting legislation that supports advance education and employment opportunities
and support upward economic mobility; provide connections to health and behavioral
health care services; and link people to programs such as childcare, schools family
support networks.
8. Supporting legislation that expands conservatorship laws allowing for increased
guardianship control and health supervision of those suffering from mental illness and
recognize mental illness and addiction as a contributor to chronic homelessness.
9. Supporting legislation that creates streamlined protocols and metrics to be used by
homeless service providers, local agencies, and other non-governmental partners to
capture and share accurate statistics of individuals experiencing homelessness, including
vacancy rates, in-flow and out-flow information, cost-reporting of services provided and
rendered, and individuals successfully housed.
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LEGISLATIVE ACTION PLATFORM FOR 2020
Page 3
Deleted: 19
10. Supporting legislation, regulatory, or administrative efforts that provide additional
authority or funding for municipalities to address homeless issues within their
communities and support the Keeping California Safe Act legislative efforts to address
the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments
and provide local law enforcement with the appropriate tools to reduce criminal activity.
11. Opposing legislation that seeks to circumvent local control and local circumstances when
addressing homelessness.
Community Development
1. Preserving local control of land use planning and zoning matters.
2. Supporting State and Federal assistance to prevent the loss of housing for those impacted
by COVID-19.
3. Promoting reforms of the entire State mandated HCD Regional Housing Need
Allocations process to recognize local resource limitations and align infrastructure and
other funding to help communities meet mandated housing requirements.
4. Promoting funding of on-campus housing at Cal Poly for students, staff and faculty, and
University acquisition of residences for staff and faculty housing.
5. Supporting efforts to increase funding for affordable housing and supportive housing
services for very low, low and moderate income individuals and/or families in all cities
and communities and opposing the erosion of local inclusionary housing and in -lieu fee
programs.
6. Supporting continued funding of National Housing Trust Fund and streamlined and
efficient implementing regulations at the state level.
7. Promoting additional state funding to implement AB 32 (The California Global Warming
Solutions Act of 2006) and SB 375 (The Sustainable Communities and Climate
Protection Act of 2008) through local general plan updates that implement the regional
sustainable communities plan and alternative planning strategy, if needed.
8. Promoting funding for the identification, acquisition, maintenance and restoration of
historic sites and structures.
9. Supporting continued or expanded funding for the Community Development Block
Grant (CDBG) program.
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10. Supporting continued local control over mobile home park rent stabilization and local
control over the conversion of mobile home parks to other uses. Encourage the
amendment of Section 66427.5 of the California Government Code and other relevant
law for the purpose of ensuring that mobile home park residents are not involuntarily
removed from homes or otherwise economically impacted if parks are subdivided or
converted.
11. Resolving and addressing regulatory or financial barriers to implement AB 811 property-
assessed clean energy districts.
12. Encouraging continued viability of inclusionary housing provisions and avoidance of
conflicts with Costa-Hawkins Act.
13. Enabling the issuance of parking citations on private property.
14. Advocating full funding for services and transitional housing for individuals who are
unhoused, including providing more flexibility in the use of Federal funds on the local
level to address housing.
15. Supporting legislation that provides funding sources for appropriate human service
agencies that support the mission of the Human Relations Commission.
16. Supporting responsible review and revision of CEQA to ensure sound environmental
determinations.
17. Promoting pragmatic and clarifying actions to implement Proposition 64 Cannabis
legalization, including increased funding for health education, the preservation of local
land use decision making, reconciliation of conflicts in state and federal law, and systems
for legal banking.
18. Supporting modern and cost-efficient, thorough and accurate methods for the population
to exercise its civic obligation to be counted in the 2020 Census.
Economic Development
1. Supporting state and federal assistance for those people and businesses facing severe
economic losses due to the COVID-19 pandemic.
Deleted: ,
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2. Supporting regional economic development support, expressly excluding support for
weapons production or distribution activities and fossil fuel production or distribution
activities.
3. Supporting direct assistance and/or legislation that supports local agencies with
recovering costs related to the COVID-19 disaster and stimulate economic development,
resiliency and recovery.
4. Promoting funding and/or legislation using tax credits or other incentive programs to
encourage research and development by businesses in California.
5. Supporting funding and policies for the promotion of California as a place to locate
businesses that provide head-of-household jobs.
6. Supporting economic development that is integrated with articulated Major City Goals
such asclimate action as well as social justice and diversity objectives, such as the Green
New Deal.
7. Supporting funding for the state tourism promotion program.
8. Supporting the effective and efficient use of all communications technologies including
voice, video, data, and information services over wired and wireless transmission
technologies and supporting net neutrality.
9. Supporting telecommunications reform legislation and other measures that preserve local
control over public rights-of-way, protect local resources and guarantee access to,
funding for, and local flexibility in utilizing funds for public, educational and
government (PEG) access television.
10. Supporting the expansion of public infrastructure financing tools and funding for
infrastructure.
11. Supporting head-of-household jobs, including analyses of impacts and associated
mitigations regarding major regional employers.
Finance
1. Supporting meaningful fiscal reform that allows each level of government to adequately
finance its service responsibilities while continuing to support efforts to protect the City
from loss of revenues due to State take-aways and unfunded State or Federal mandates.
Deleted: -
Deleted:
Deleted: and
Deleted:
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2. Advocating against initiatives that unduly burden and/or prohibit local government
ability to support essential services to the community.
3. Endorsing legislation that provides local government with a fair share tax on catalog and
Internet sales; and opposing legislation that limits state or local authority to tax catalog
or Internet sales.
4. Supporting efforts to collect the full amount of local transient occupancy tax from online
sales of lodging.
5. Supporting the continuation of California Specialized Training Institute activities within
San Luis Obispo County.
6. Opposing legislation that removes the municipal bond tax exemption.
Human Resources/Employee Relations
1. Supporting additional workers’ compensation reforms that lower employers' costs while
still protecting workers and opposing legislation that would restrict appropriate cost
controls in the workers’ compensation system.
2. Supporting pension and retiree health benefits reform efforts, policy changes, and
permissible administration decisions aimed at reducing unfunded liabilities, reducing
costs, and ensuring the long-term viability of the defined benefit pension system in
concert with the League of California Cities and the California Public Employees
Retirement System (PERS) Board of Directors.
3. Opposing the expansion of property rights in public employment and procedural
requirements that hinder or significantly increase the public costs of effective
performance management, including legislation that curtails management rights or
obstructs the timely, efficient and cost-effective implementation of performance
management or disciplinary measures.
4. Supporting legislation to protect the City's continued ability to administer its Cafeteria
Benefit Plan and maintain comprehensive health care coverage for eligible employees,
in a financially sustainable manner.
5. Supporting reforms that limit the financial impacts of joint and several liability on public
entities.
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6. Supporting the clarification, modification or repeal of AB 646 fact finding requirements
and opposing measures that reduces local control over public employee disputes.
7. Opposing measures that curtail management rights or impose local government
mandated employee benefits that should be directly negotiated between labor groups and
employers.
8. Supporting Federal legislation to modify, refine, or eliminate Federal Labor Standards
Act (FLSA) requirements on public agencies.
9. Support reforms that limit the joint and several liability to agencies who have entered
into Joint Powers Agreements (JPAs).
Public Safety
1. Continuing State and Federal funding support for school safety, disaster preparedness,
earthquake preparedness, Homeland Security, hazardous material response, State COPS
program and other local law enforcement activities.
2. Preserving the City's authority to investigate police misconduct.
3. Preserving the authority of local control on issuance of concealed weapons permits.
4. Supporting legislation to help curb drug and alcohol-related criminal behavior and
underage consumption.
5. Opposing new or increased state fees for state-provided law enforcement services.
6. Supporting the fair and efficient allocation of radio spectrum that provides quality
frequencies, free from interference, for all local public safety communication needs.
7. Supporting efforts to enhance radio and data system(s) stability and interoperability
among public safety agencies and jurisdictions.
8. Supporting efforts to reduce retention periods for video monitoring data not related to an
identified incident or operation.
9. Preserving the City's right to regulate activities with adverse health and safety impacts
on local streets, sidewalks and rights-of-way.
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10. Supporting legislation to improve and enhance the safety of cargo transported via rail,
including but not limited to: safety enhancements for rail vessel construction with an
emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit
the use of older, “grandfathered” containers and vessels; enhancements in remote
monitoring and control of railcar speeds; reduction of railcar speeds in populated areas
like San Luis Obispo; enhancements in communications, notifications and information
dissemination to local governments, especially public safety agencies.
11. Supporting and expanding funding and programs to proactively reduce fire risk attributed
to heavy vegetative fuels loads, high tree mortality, drought, and climate change to
remove diseased, dead and/or down combustible vegetation, thin forests to improve
forest health, and create effective defensible space between the undeveloped and
developed environments.
12. Supporting grants and aid to land/property owners with properties one mile or less from
natural vegetation, which are threatened by wind-driven fire events, to harden structures
again fire impingement and create sustainable defensible spaces.
13. Supporting grants and aid to local governments to develop modern evacuation
communications systems to effectively reach all residents in a timely fashion via voice,
text, email, and other electronic means.
14. Supporting legislation that would result in the implementation of a statewide modern
evacuation communications system to effectively reach all residents in a timely fashion
via voice, text, email, and other electronic means, which is available for use by local
governments at the discretion of local governments.
15. Supporting legislation to preserve and enhance local control, at the City level, for the
provision of public safety services, including the scope and provision of medical and
non-medical emergency services.
16. Supporting uniformity of state and federal regulations of drones and the study and
adoption of appropriate local airport protections and public safety exemptions.
17. Supporting legislation regarding the safe transport and storage of nuclear waste.
18. Supporting legislation to address the education, funding and treatment of opioid
addiction.
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19. Supporting legislation that expands funding to manage vegetation and fuel sources in the
wildland urban interface.
20. Supporting legislation to provide funding to help communities prepare for and be
resilient after natural disasters.
Public Works
1. Supporting increased availability of grant funding to replace aging infrastructure of all
types, e.g. streets, bridges, water, sewer, parks, and storm sewer systems, etc.
2. Supporting increased funding for flood protection, clean stormwater and low impact
infrastructure projects.
3. Ensuring cooperation and prompt approval from Federal and State regulatory agencies
(such as the Department of Fish & Wildlife, Regional Water Quality Control Board and
the Army Corps of Engineers) for necessary projects involving the City's creek system.
4. Supporting monetary incentives or grant funding for alternative fuel vehicles for
replacement of municipal fleet equipment.
5. Supporting funding and policies that support and enhance active transportation modes
such as bicycles, pedestrian, transit connections, and transit.
6. Supporting continued protection of SB-1 and other funding for transportation
infrastructure maintenance.
Parks and Recreation and Natural Resources
1. Supporting State and Federal funding and other measures to promote the acquisition,
protection, preservation and restoration of natural resources, open space, coastal
resources, signature land forms, wetlands and park development, including continued
funding for the Land and Water Conservation Grant Pr ogram and for the California
Conservation Corps.
2. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo
County to protect this fragile habitat from offshore oil and gas development.
Deleted:
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3. Supporting amendments to stormwater regulatory requirements to reduce mandatory
minimum fines and penalties and the recovery of private attorneys’ fees for technical
non-compliance issues that do not result in adverse public health impacts or
environmental harm.
4. Support stormwater requirements that are related to specific issues and include
reasonable implementation timeframes and funding.
5. Opposing any development under existing or new offshore oil and gas leases off the
Coast of San Luis Obispo County.
6. Opposing any development under existing or new oil and gas leases in San Luis Obispo
County.
7. Supporting and seeking State and Federal funding and other measures to conduct
research and implement land management measures for the purpose of carbon
sequestration.
8. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium
contaminated waters from the San Joaquin valley).
9. Encouraging the Resources Agency and its departments to expedite the distribution of
remaining Proposition 1 bond funds to take advantage of the many favorable
opportunities for land and easement acquisition and enhancement project contracting.
10. Seeking legislative exemption from property taxes on lands dedicated to open space
purposes, which are outside the boundaries of the jurisdiction owning such lands.
11. Protecting funding to reduce or mitigate negative impacts to vital regional and
community services Californians’ access to parks, open space, after school
programming, senior services, facilities that promote physical activity, protect natural
resources, and strengthen safety and security.
12. Promoting policies that recognize the benefits of parks and recreational fa cilities in the
advancement of "sustainable communities" and curbing greenhouse gas emissions,
including: strengthening policies that fund parks, open -space, bike lanes and non-
motorized trails through the development and implementation of a carbon credi t and
offset program, and advocating for the strong integration of local and regional park and
non-motorized transportation improvements into "Smart Growth Scenarios" pursuant
to SB 375.
Deleted: for
Deleted: that negatively impact
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13. Supporting access to joint use of schools; parks and open space; d evelopment of streets
and trails that encourage physical activity and healthy living.
14. Supporting extension or permanent legislation at the federal level of enhanced tax
deductions for charitable donations of Conservation Easements
15. Supporting legislation to limit the opening of national parks (or other protected public
lands, e.g. Carrizo Plain) to fossil fuel extraction.
Transportation
1. Supporting changes in gas tax laws that allow local tax for transportation purposes based
on a majority vote of the public.
2. Supporting the continuation of, and increased funding sources for street maintenance
projects, transportation improvements, transit operations and multimodal facility
projects.
3. Supporting funding sources for transit electrification.
4. Supporting clean air transit funding for San Luis Obispo County, in particular funding
that provides for alternative modes of transportation with clean air benefits.
5. Supporting actions to: (1) promote cooperation and mutual support between metropolitan
planning organization (MPO) agencies and local transit providers, and (2) discourage
trends toward MPO agencies/regional "control" of local transit providers.
6. Encouraging private transportation companies (such as Union Pacific Railroad) to reach
agreements for sharing of properly secured right of way corridors for other compatible
uses such as bicycle and pedestrian facilities.
7. Opposing the proposed diversion of any funding source for transportation that reduces
amounts designated for transit operations.
8. Supporting funding for projects to implement adopted complete street plans
demonstrated to improve public health and reduce greenhouse gas emissions.
9. Supporting provision of Cap and Trade funding for intercity rail.
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10. Supporting increased funding for existing Active Transportation Program (ATP).
11. Preserving funding for existing and future transportation needs.
Utilities
1. Supporting clean water funding programs.
2. Supporting recycling, waste diversion, and zero waste programs and enhancing local
government's ability to comply with solid waste reduction requirements.
3. Supporting measures that require the State Water Resources Control Board and Regional
Water Quality Control Boards establish a process to evaluate, in advance of adoption,
the costs of compliance for pending and future regulatory actions on NPDES permittees.
4. Supporting legislation that requires the State's environmental agencies to conduct peer
review of proposed regulations to ensure that the proposal is based on sound science.
5. Supporting the elimination of mandatory minimum penalties for violations of NPDES
Requirements and returning discretionary control to the Regional Water Quality Control
Board Executive Officers (i.e. repeal SB 709).
6. Supporting measures to ensure reasonableness in the administration of NPDES permit
governing City operations, including pursuing a municipal representative on the
Regional Water Quality Control Board
7. Promoting the safe, responsible, and cost-effective reuse of Exceptional Quality or better
biosolids.
8. Supporting sustainable energy programs.
9. Supporting legislation allowing cities/agencies to establish fees for the costs of operating
mandated water quality programs such as, but not limited to, municipal storm water and
total maximum daily loading.
10. Supporting federal legislative action to transfer Salinas Reservoir from Army Corps of
Engineers Military Project to Army Corps of Engineers Civil Works Project.
11. Supporting water conservation best management practices.
Deleted: <#>Supporting the implementation of the
California Urban Water Conservation Council's Best
Management Practices regarding urban water conservation
and compliance with AB 1420.¶
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12. Supporting amendments to the Urban Water Management Planning Act to recognize
past investment in water conservation and the City's ability to comply with SBx7-7
and other water conservation regulations.
13. Opposing legislation that requires recycled water to be included in water conservation
regulations.
14. Opposing legislation that requires mandatory consolidation of water systems without
acknowledgement of water rights.
15. Promoting legislation that expands or encourages the expansion of recycled water
production and use.
16. Supporting legislation eliminating departing load charges which discourage the use of
alternative energy resources.
17. Allowing the use of Public Goods Funds for the development and installation of energy
saving or green energy generating projects to benefit local government.
18. Opposing legislation that diminishes the City’s existing water rights.
19. Promoting the protection of water resources.
20. Supporting the protection of our natural resources from invasive species.
21. Supporting regional water resiliency initiatives.
22. Supporting a two-track option of laboratory accreditation, California Environmental
Laboratory Accreditation Program (ELAP) and the National Environmental Laboratory
Accreditation Conference (NELAC) Institute also known as TNI.
23. Supporting streamlined water rights amendment processes for minor water rights permit
changes.
24. Supporting federal and statewide funding of water infrastructure projects.
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County/Regional Priorities
1. Supporting legislation and other policy considerations to expand funding for the delivery of
case management, drug, alcohol, and detoxification services, mental health services, and
the establishment of shelter facilities.
2. Working with the County to assure land use practices that are consistent with the
Memorandum of Agreement adopted by the City Council and County Board of
Supervisors in 2016 regarding development near the edges of the City.
3. Encouraging participation by County in providing nearby parking for County employees
and clients, and alternate transportation and parking demand reduction.
4. Supporting County development of a local ordinance providing additional local
oversight and regulation of the land application of Pollutant Concentration (PC) or better
biosolids.
5. Supporting the County’s Flood Control and Water Conservation District efforts to solve
City/County flood problems.
6. Supporting the San Luis Obispo County Air Pollution Control District's legislative
program, where consistent with the City's adopted policies and platform.
7. Supporting the San Luis Obispo Council of Governments' legislative advocacy activities,
where consistent with the City's adopted policies, platform and public project objectives.
8. Supporting efforts to enhance dangerous animal regulation and enforcement.
9. Supporting the streamlining, clarification and simplification of conflict of interest
regulations applicable to local officials.
10. Encouraging the County and cities therein to join the Monterey Bay Community Power
community choice energy program
11. Supporting the Central Coast Regional Energy Network at the Count y Board of
Supervisors, the CPUC, and related relevant entities.
12. Working with appropriate regional partners, including the County, adjacent cities, Cal
Poly, and regulatory agencies to fund and support climate change impact projections and
coordinate approaches for increasing regional resilience.
Deleted: Working cooperatively with
Deleted: to
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13. Ensuring that permitted development outside City jurisdiction has adequate water supplies
to support development activities and intensities and does not indirectly impose water
service obligations to adjacent municipal water agencies.
Monterey Bay Community Power Policy Board and Operations Board Positions
City Council approved joining Monterey Bay Community Power (MBCP) in September 2018
and City representatives have been seated on MBCP’s Policy Board, Operations Board, and
Community Advisory Council since 2019. This section of the City’s Legislative Platform
identifies City of San Luis Obispo policy positions on key topics that may come before the
various boards and advisory bodies of MBCP. The policy positions contained herein are intended
to guide Board member deliberation and voting and staff review of agenda, but are not an
exhaustive list of issues that may arise. These positions are intended to extend only to advocacy
for or against generally applicable policy proposals being considered by MBCP and does not
extend to advocacy on any individual project or entitlement application pending before any
decision-making body, nor does it extend to the larger legislative platform of the City. The City
Council is supportive of MBCP policy proposals that:
1. Prioritizing economic, social, and environmental equity.
2. Prioritizing climate mitigation (e.g. emissions reductions), adaptation (e.g. distributed
energy resources and grid stability), and resilience (e.g. disaster preparedness).
3. Prioritizing the inclusion of all segments of the community in policy making and program
design processes.
4. Supporting processes that are transparent, collaborative, visible, and accessible.
5. Supporting rate, rebate, and revenue structures that encourages a robust programs budget.
6. Prioritizing a portfolio of programs that focuses on economic, social, and environmental
equity.
7. Prioritizing a portfolio of programs that focuses on strategic and intentional long-term
economic development consistent with sub-regional economic development approaches.
8. Supporting regional climate action and a portfolio of programs that are strategically
implemented to achieve regional climate targets.
9. Supporting a program design process that is transparent, collaborative, and inclusive.
Deleted: s
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10. Supporting staffing required to effectively design, advertise, implement, and monitor
effectiveness of the agency’s project portfolio.
11. Providing local government access to data, transparent GHG emissions reporting, and
sub-annual emissions factors as available.
12. Supporting fair distribution of resources and representation among MBCP member
jurisdictions. This may also entail supporting local presence and staffing, as well as
brand identity that is reflective of the entire MBCP service territory.
13. Supporting processes and governance approaches that provide sufficient time for Board
members to fully participate and drive decisions, from inception to implementation.
14. Supporting projects that focus on strategic and intentional regional economic
development consistent with regional economic development approaches, when feasible,
and with entities that support fair wage practices and maximize benefit to local
workforces, when feasible.
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City of San Luis Obispo, Council Memorandum
Council Agenda Correspondence
Date: April 17, 2020
TO: Mayor and Council
FROM: Derek Johnson, City Manager
SUBJECT: ITEM 11- RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES
DIRECTOR AND PROVIDE COVID-19 RELATED DIRECTION BASED
ON CURRENT STATUS (JOHNSON - 10 MINUTES)
Attached is a draft Resolution for City Council consideration and adoption at the April 21, 2020
Regular Meeting. Staff will provide a presentation at the meeting.
Attachment A – Draft Resolution entitled “A Resolution of the City Council of the City of San
Luis Obispo, California, proclaiming the continuing existence of a local
emergency regarding the COVID-19 Pandemic.”
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA PROCLAIMING THE CONTINUING
EXISTENCE OF A LOCAL EMERGENCY REGARDING THE COVID-19
PANDEMIC
WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services
Director to request that the City Council proclaim a local emergency when the City of San Luis
Obispo is affected or likely to be affected by a public calamity and the City Council proclaimed a
local emergency at its regular meeting on March 17, 2020 regarding the COVID-19 pandemic and
proclaimed the continuation of local emergency at its regular meeting of April 7, 2020; and
WHEREAS, the Secretary of Health and Human Services Director issued a Determination
that a Public Health Emergency exists and has existed of January 27, 2020; and
WHEREAS, the President of the United States has declared a State of National
Emergency; the Governor of the State of California has proclaimed a State of Emergency for the
State of California and issued Executive Orders and direction regarding measures to mitigate the
spread of cases of COVID-19 within the State of California; the San Luis Obispo County
Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County
Public Health Director has declared a public health emergency related the spread of cases of
COVID-19 within the State of California and all recitals set forth therein, are included as though
fully set forth herein; and
WHEREAS, on March 18, 2020 the San Luis Obispo County Emergency Services
Director issued Local Emergency Order and Regulation No. 4 providing for mandatory shelter at
home regulations; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, including
the Order of the State Public Health Officer mandating all individuals living in the State of
California to stay home or at their place of residence except as needed to maintain continuity of
operations of the federal critical infrastructure sectors, as outlined at
https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 ;
WHEREAS, the City of San Luis Obispo will be required to help enforce all restrictions
imposed by the State of California and by the County of San Luis Obispo acting as the health
agency; and
WHEREAS, the County Emergency Services Director and Public Health Officer have
evaluated the continuing public health need for the mandatory shelter at home Order and related
actions and determined that there is a continuing need to maintain Regulation No. 4 and related
actions in place in order to mitigate the continuing spread of the COVID-19 pandemic within the
County; and
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Resolution No. ______ (2020 Series) Page 2
R ______
WHEREAS, the pandemic COVID-19 continues to spread rapidly worldwide and in the
U.S., continuing to present an immediate and significant risk to public health and safety, and
resulting in serious illness or death to vulnerable populations, including the elderly and those with
underlying health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness have
been necessitated in preparation for and response to confirmed cases of COVID-19 in the County
of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice and
approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and
to mitigate against the spread of COVID-19 and its resulting public health and safety impacts; and
WHEREAS, in the absence of such actions, an escalation of the spread remains likely and
County wide health services may become overwhelmed and unable to keep up with medical
demand for care and availability of hospital or care facility capacity; and
WHEREAS, Article 14, Section 8630, of the California Emergency Services Act requires
that the City Council review the need for continuing the Local Emergency at least every sixty (60)
days until such Local Emergency is terminated.
NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the City Council
of the City of San Luis Obispo that:
SECTION 1. All recitals set forth above, and all recitals included in support of Federal,
State and County actions referenced herein, are adopted as though fully set forth herein as findings
in support of this Resolution; and
SECTION 2. A local emergency continues to exist throughout the City resulting from the
condition of extreme peril related to the pandemic of COVID-19, which, absent continuation of
preventative measures, is still deemed to be beyond the control of normal protective service,
personnel, equipment, and facilities of and within the City; and
SECTION 3. The City has been undertaking, and will continue through cessation of this
emergency to undertake, necessary measures and incur necessary costs, which are directly related
to the prevention of the spread of the COVID-19 Virus and are taken in furtherance of: the
Secretary of Health and Human Services Secretary’s determination that a public health emergency
has existed since January 27, 2020; City Council’s Proclamation of Local Emergency on March
17, 2020; the Governor’s Proclamation of a State of Emergency on March 4, 2020; the President
of the United States’ Declaration of a National Emergency on March 13, 2020; the County
Emergency Services Director’s Proclamation of Local Emergency and the County Public Health
Director’s Declaration of a Public Health Emergency on March 13, 2020, and related orders,
regulations and directions.
SECTION 4. During the existence of said local emergency, the powers, functions, and
duties of the Emergency Services Director and the Emergency Organization of this City shall be
those prescribed by state law, ordinances, and resolutions of this City and by the City of San Luis
Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures, timelines
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Resolution No. ______ (2020 Series) Page 3
R ______
or methods of action and the Emergency Services Director is expressly authorized to take any and
all actions in furtherance of emergency powers to address the local emergency.
SECTION 5. The period of Local Emergency is expressly extended through May 16,
2020, and shall be deemed to continue to exist, and along with all other actions previously
acknowledged and declared to be enforceable within the City pursuant to State and Local
Emergency orders, the Proclamation of Local Emergency adopted by the City Council on March
17, 2020, shall continue until terminated by the City Council of the City of San Luis Obispo or its
Emergency Services Director.
SECTION 6. A copy of this Resolution shall be posted on all outside public access doors
of City Hall of the City of San Luis Obispo and in one public place within any area of the City
within which this Resolution applies and personnel of the City of San Luis Obispo shall endeavor
to make copies of this order and regulation available to the news media.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this _____ day of _____________________ 2020.
____________________________________
Heidi Harmon, Mayor
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, this ______ day of ______________, 2020.
____________________________________
Teresa Purrington, City Clerk
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