HomeMy WebLinkAbout10-20-2015 Council Agenda Packet
Tuesday, October 20, 2015
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members Dan Carpenter, Carlyn Christianson, Dan
Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx
PLEDGE OF ALLEGIANCE: Council Member Rivoire
INTRODUCTIONS
NEW HIRES
1. TERESA PURRINGTON, CODE ENFORCEMENT SUPERVISOR (CODRON – 5
MINUTES)
2. MARYANNA ESPEJO-MOSES, CODE ENFORCEMENT ADMINISTRATIVE
ASSISTANT (CODRON – 5 MINUTES)
3. DIANE DOSTALEK, SENIOR CIVIL ENGINEER (CODRON – 5 MINUTES)
APPOINTMENTS
4. APPOINTMENT TO THE PERSONNEL BOARD (PB) (ANSOLABEHERE /
GOODWIN – 5 MINUTES)
Recommendation
In accordance with the recommendations of the Council Subcommittee, appoint David
Wehner to the Personnel Board, to complete an unexpired term through March 31, 2017.
Agenda San Luis Obispo City Council October 20, 2015
San Luis Obispo Page 2
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The council welcomes your input. You may address the council by completing a speaker slip
and giving it to the city clerk prior to the meeting. At this time, you may address the council
on items that are not on the agenda. Time limit is three minutes. 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.
CONSENT AGENDA
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.
5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation
Waive reading of all resolutions and ordinances as appropriate.
6. MINUTES OF THE CITY COUNCIL MEETINGS OF SEPTEMBER 15 AND
OCTOBER 6, 2015 (ANSOLABEHERE)
Recommendation
Approve the Minutes of the City Council meetings of September 15 and October 6, 2015.
7. GOLF COURSE RESTROOM REPLACEMENT, SPECIFICATION NO. 91327
(GRIGSBY/VAN BEVEREN)
Recommendation
1. As recommended by the Parks and Recreation Commission approve plans and
specifications for the Golf Course Restroom Replacement Project, Specification No.
91327.
2. Authorize staff to advertise for bids, and authorize the City Manager to award the
contract if the lowest responsible bid is with the Engineer’s Estimate of $290,000.
Agenda San Luis Obispo City Council October 20, 2015
San Luis Obispo Page 3
8. ORDINANCE NO. 1624 (SECOND READING) - GRANTING A FRANCHISE TO
SAN LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE
COLLECTION SERVICES (MATTINGLY/MUNDS)
Recommendation
Adopt Ordinance No. 1624 (2015 Series) entitled “An Ordinance of the City Council of the
City of San Luis Obispo, California, granting a franchise to S an Luis Garbage Company for
food and green waste collection, processing and/or disposal within the City of San Luis
Obispo.”
9. APPROVAL OF THE FINAL MAP FOR TRACT 3057, 3080 ROCKVIEW PLACE
(TR 202-13) (CODRON/HANNULA/DOSTALEK)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, approving the Final Map for Tract 3057 (3080 Rockview Place, TR 202-13),” and
authorize the Mayor to execute a Subdivision Agreement.
10. AFFORDABLE HOUSING FUND APPROPRIATION FOR THE SAN LUIS OBISPO
COUNTY HOUSING TRUST FUND (HTF) (CODRON/WISEMAN)
Recommendation
Appropriate $60,000 from the Affordable Housing Fund for the San Luis Obispo County
Housing Trust Fund.
11. AMENDMENT NO. 2 TO THE CITY/DIGITAL WEST FIBER OPTIC
INFRASTRUCTURE AGREEMENT (JOHNSON/SCHMIDT)
Recommendation
Approve of and authorize the Mayor to execute the Second Amendment to the City/Digital
West Fiber Optic Infrastructure Agreement to allow Digital West to expand its fiber optic
network.
12. FIRE STATION ALERTING SYSTEM SERVICE AGREEMENT (OLSON/COX)
Recommendation
1. Approve a five year agreement with US Digital Designs, Inc. for $146,595.00.
2. Authorize the Fire Chief to execute a service agreement.
Agenda San Luis Obispo City Council October 20, 2015
San Luis Obispo Page 4
13. YELLOW CAB TAXI PURCHASE OF 234 TAXI LLC (GRIGSBY/ANGUIANO)
Recommendation
Approve transfer of 234 Taxi’s Certificates of Public Convenience and Necessity to Yellow
Cab.
14. ORDINANCE NO. 1625 (SECOND READING) - AMENDING CHAPTERS 1.20, 1.24
AND 15.02 AND ADDING NEW CHAPTER 2.30 TO THE SAN LUIS OBISPO
MUNICIPAL CODE TO STREAMLINE THE ADMINISTRATIVE CITATION
APPEALS PROCESS AND CREATE THE ADMINISTRATIVE REVIEW BOARD
(DIETRICK/WHITE)
Recommendation
Adopt Ordinance No. 1625 (2015 Series) entitled “An Ordinance of the City Council of the
City of San Luis Obispo, California, repealing and replacing Chapter 1.24 (Administrative
Code Enforcement Procedures) of Title 1, Amending Section 1.20.020 of Title 1, Amending
Chapter 15.02 (Building Codes Adopted) to add Section 15.02.015 of Title 15 (Chapter 1.24
to supersede conflicting Administrative Citation and Review Provisions of Building
Construction and Fire Prevention Regulations), and adding Chapter 2.30 (Administrative
Review Board) to Title 2, of the San Luis Obispo Municipal Code.”
BUSINESS ITEMS
15. 2014-15 TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT
(JOHNSON/CANO – 30 MINUTES)
Recommendation
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2014-
15 annual report.
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, declaring its intention to continue the San Luis Obispo Tourism
Business Improvement District, to continue the basis for and to levy the assessment for
the district, and to set a date for the public hearing on the district and the assessment for
2015-16” at the same rate as in fiscal year 2014-15. (Public Hearing to be scheduled for
November 3, 2015)
Agenda San Luis Obispo City Council October 20, 2015
San Luis Obispo Page 5
STUDY SESSION
16. UPDATE AND INPUT ON PROGRESS OF 2015 FIRE MASTER PLAN FOCUSING
ON RESPONSE COVERAGE FOR FIRE, RESCUE, AND MEDICAL
EMERGENCIES (OLSON – 45 MINUTES)
Recommendation
1. Discuss the preliminary emergency response data contained in The Fire Master Plan and
provide opportunity for public comment.
2. Direct staff, based on policy choices included in this report, to continue to gather and
analyze data, research options based on Council and community feedback, and return to
the City Council with a final report and recommendations.
COUNCIL LIAISON REPORTS
(Not to exceed 15 minutes) Council Members report on conferences or other City activities.
Time limit—3 minutes each.
COUNCIL COMMUNICATIONS
(Not to exceed 15 minutes) 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, November 3, 2015 at 6:00
p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
Agenda San Luis Obispo City Council October 20, 2015
San Luis Obispo 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) 781-7107.
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, 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.
Meeting Date: 10/20/2015
FROM: Jon Ansolabehere, Interim City Clerk
Prepared By: Heather Goodwin, Deputy City Clerk
SUBJECT: APPOINTMENT TO THE PERSONNEL BOARD (PB)
RECOMMENDATION
In accordance with the recommendations of the Council Subcommittee, appoint David Wehner
to the Personnel Board, to complete an unexpired term through March 31, 2017.
DISCUSSION
Personnel Board (Subcommittee Members Carpenter and Christianson)
Due to the resignation of Deborah Lewis, effective March 31, 2015, there was an unscheduled
vacancy on the Personnel Board.
The Council Liaison Subcommittee recommends appointment of David Wehner to the Personnel
Board (PB), effective October 20, 2015, to a term expiring on March 31, 2017.
RECRUITMENT
The following Advisory Bodies have vacancies and interested individuals are encouraged to
apply:
1. Human Relations Commission (1)
2. Jack House Committee (1)
3. Mass Transportation Committee (1 – Cal Poly Representative)
4. Tourism Business Improvement District (1)
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Hard copies of the PB application have been provided to the City Council and are available for
public review in the City Clerk’s office.
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City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Tuesday, September 15, 2015
Regular and Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday,
September 15, 2015 at 4:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor
John Ashbaugh, and Mayor Jan Marx.
*Council Member Rivoire arrived at 4:07 pm
Council Members
Absent: None
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron,
Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PRESENTATIONS
1. PRESENTATION BY LINDA DALTON, VICE PROVOST FOR
INSTITUTIONAL PLANNING, REGARDING THE CAL POLY MASTER PLAN
UPDATE
Linda Dalton, Interim University Planning Officer, narrated a PowerPoint presentation
entitled “Cal Poly Master Plan” reviewing the Master Plan status, added that the next
phase for the Master Plan update will include land use coordination and public outreach
between September-October 2015; responded to Council inquiries.
BUSINESS ITEMS
2. GUIDING PRINCIPLES FOR THE CAL POLY MASTER PLAN UPDATE
PROCESS
Community Development Director Codron and Community Development Deputy
Director Murry narrated a PowerPoint presentation entitled “Cal Poly Master Plan –
Guiding Principles” and responded to Council inquiries.
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Sandra Rowley, Residents for Quality Neighborhoods (RQN), requested that Council
continue consideration of the Guiding Principles for the Cal Poly Master Plan Update for
30 days for public review.
Paul Rys, San Luis Obispo, recommended that the City require Cal Poly to not increase
student enrollment until more housing is provided on campus; asserted that as enrollment
increases, natives looking for a permanent residence are displaced into other nearby
cities.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR ASHBAUGH VOTING
NO), to endorse the Guiding Principles for the City’s participation in the Cal Poly Master
Plan Update process, with the following revisions:
a. Housing - The Master Plan should continue to push to house all Freshmen and
Sophomores undergraduate students on campus in addition to 50% of upper class
students. In the interim, future increase in enrollment should be linked to prior provision
of on-campus housing. Programs should be included to encourage housing for faculty and
staff within existing neighborhoods (not on campus) to both stabilize neighborhoods
close to campus and encourage residents to rely on active transportation and transit to get
to and from campus.
b. Multi-Modal Transportation - The Master Plan should support City goals for modal-
split, encourage walking, cycling, and the use of transit by students and employees, and
discourage single-occupant vehicle trips from the University into the City. Programs
should support continued contribution to City transit; provision of an internal campus
shuttle system; improved hub for a transit center; and restriction of parking passes for
residents living within ½ 1 mile of campus.
Vice Mayor Ashbaugh noted that he voted no, stating that credibility is required when a
policy is adopted and noted that this action weakens Council’s position as it relates to
undergraduate students being housed on campus.
City Manager Lichtig and City Attorney Dietrick expressed gratitude for Community
Development Deputy Director Murry’s years of service and wished her well in her
retirement.
RECESS
Council recessed at 5:06 p.m.
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CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
September 15, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor
John Ashbaugh, and Mayor Jan Marx.
Council Members
Absent: None
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron,
Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Carpenter led the Pledge of Allegiance.
APPOINTMENTS
3. APPOINTMENTS TO THE MASS TRANSPORTATION COMMITTEE AND
CULTURAL HERITAGE COMMITTEE
City Clerk Mejia reviewed the contents of the Council Agenda Report.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0, to:
1. Confirm the appointment of Heidi Harmon to the Mass Transportation Committee
(alternate representative) to complete and unexpired term through March 31, 2018.
2. Confirm the appointment of Shannon Larrabee to the Cultural Heritage Committee to
complete an unexpired term through March 31, 2018.
3. Confirm the appointment of Leah Walthert to the Cultural Heritage Committee to
complete and unexpired term through March 31, 2017.
PRESENTATIONS
4. PROCLAMATION - OPERA SAN LUIS OBISPO 30TH ANNIVERSARY
Mayor Marx presented a Proclamation to Brian Asher Alhadeff, representing Opera SLO,
recognizing Opera San Luis Obispo's 30th Anniversary.
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PUBLIC COMMENT
Wedad Nelson, Alta Vista Park Condominium, stated that pigeons have gathered around her
condominium due to the installation of a chicken coup, at a neighboring property; explained that
the chicken coup is nuisance because of the smell and untidiness; requested that the City address
the nuisance on behalf of the condominium owners.
David Brodie, San Luis Obispo, spoke on his experience visiting the downtown and expressed an
interest to the cafes of the past.
Donald Hedrick, San Luis Obispo, voiced opposition to considering the Cal Poly Master Plan
which was presented during the special meeting at 4:00 p.m.; opined that Cal Poly should have
alcohol entertainment outlets on campus to avoid students from coming to the downtown for
entertainment.
Peter Williamson, San Luis Obispo Council of Governments (SLOCOG), spoke on rideshare
activities and programs in the County; stated that Rideshare week activities will be held between
October 5-9, 2015, and added that the theme for this year’s activities will be “Let’s Get Visible.”
Terry Mohan, San Luis Obispo, voiced concern that no progress has been made to remediate the
uncompleted construction conditions at 1179 San Carlos Drive; requested that the Council call
for the resignation of the City Manager and/or City Attorney if they do not take actions to correct
the conditions at 1179 San Carlos Drive.
In response to public comment, City Attorney Dietrick spoke on the new court date regarding the
residential development project located at 1179 San Carlos Drive, noting the date to be October
28, 2015; stated that the court will review the compliance schedule which was a stipulation to
continue the hearing date; asserted that a detailed compliance plan has been submitted, noting
that an inspection and sign off has taken place.
Susan Warren, Atascadero, announced that September is National Recovery Month to increase
awareness of behavioral health conditions; read a proclamation urging that the community focus
on behavioral health services for early intervention, treatment and recovery support.
Paul Rys, San Luis Obispo, urged residents to adopt trees in their neighborhood and explained
that the Utilities Department will give credit to the residents who care for street trees; opined that
San Luis Obispo has been a Tree City for over 30 years.
City Manager Lichtig acknowledged Finance and Information Technology Director Padilla for
his service to the City; noted that Assistant City Manager Johnson and Community Development
Director Codron have taken on new roles in the organization and thanked them for taking on
their new responsibilities.
CONSENT AGENDA
Donald Hedrick, San Luis Obispo, voiced support for the adoption of a resolution pledging to
support best practices of civility and civil discourse; stated that Council should refrain from
interrupting residents during public comment; stated that government representatives need to
have more integrity.
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MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items 5 thru 15.
5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as
appropriate.
6. MINUTES OF THE CITY COUNCIL MEETING OF AUGUST 18, 2015
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meeting
of August 18, 2015.
7. AUTHORIZE HABITAT CONSERVATION FUND GRANT APPLICATION FOR
OPEN SPACE ACQUISITION
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Authorize the Natural Resources Manager to prepare and submit a grant application to
the California Department of Parks and Recreation’s Habitat Conservation Fund
Program.
2. Adopt Resolution No. 10665 (2015 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, approving the application for grant funds
from the Habitat Conservation Fund (HCF) Program.”
3. Authorize the City Manager or designee to execute any other required grant
application-related documentation.
8. REVIEW FINAL 2013-15 MAJOR CITY GOAL UPDATE
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to accept the final update on the 2013-15 Major City
Goals.
9. RESOLUTION OF INTENT TO GRANT SAN LUIS GARBAGE COMPANY A
FRANCHISE FOR FOOD AND GREEN WASTE SERVICES
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10666 (2015 Series) entitled
“A Resolution of the City Council of the City of San Luis Obispo, California, declaring
the City’s intent to grant an Exclusive Franchise to San Luis Garbage Company for food
and green waste services and setting a Public Hearing for October 6, 2015.”
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10. TRANSPORTATION MONITORING 2016 – SPECIFICATION NO. 91420
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Approve the Special Provisions for the “Transportation Monitoring 2016,
Specification No. 91420”.
2. Authorize staff to advertise for bids and authorize the City Manager to award the
contract if the lowest responsible bid is less than $60,000.
11. SEWERLINE REPLACEMENT – MARSH/HIGUERA/CALIFORNIA
SPECIFICATION NO. 91186, PROJECT AWARD
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to:
1. Award a contract to D-KAL Engineering, Inc. in the amount of $903,097 for the
construction of the Sewerline Replacement – Marsh/Higuera/California project,
Specification No. 91186.
2. Approve the transfer of $39,397 from the Sewer Fund’s Completed Projects Account
into the project’s Construction Account.
12. ADVISORY BODY BYLAWS AND HANDBOOK UPDATE
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10667 (2015 Series) entitled
“A Resolution of the City Council of the City of San Luis Obispo, California, amending
the bylaws of certain advisory bodies and adopting a revised Advisory Body Handbook.”
13. ORDINANCE NO. 1622 (SECOND READING) – ADDING CHAPTER 9.09 OF
THE MUNICIPAL CODE PROHIBITING THE POSSESSION, DISPLAY AND
SALE OF SYNTHETIC DRUGS
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to adopt Ordinance No. 1622 (2015 Series) entitled
“An Ordinance of the City Council of the City of San Luis Obispo, California, adding
Chapter 9.09 to the San Luis Obispo Municipal Code prohibiting the possession, display
and sale of synthetic drugs.”
14. ORDINANCE NO. 1623 (SECOND READING) - AMENDMENT TO MUNICIPAL
CODE CHAPTER 2.04 TO MODIFY REGULAR MEETING TIMES
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to adopt Ordinance No. 1623 (2015 Series) entitled
“An Ordinance of the City Council of the City of San Luis Obispo, California, amending
the San Luis Obispo Municipal Code Chapter 2.04 (Council Meeting) to modify Regular
Meeting times.”
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15. RESOLUTION PLEDGING TO FOLLOW BEST PRACTICES OF CIVILITY
AND CIVIL DISCOURSE
MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10668 (2015 Series) entitled
“A Resolution of the City Council of the City of San Luis Obispo, California, pledging to
follow best practices of civility and civil discourse in all of its meetings.”
PUBLIC HEARING
16. APPEALS OF THE PLANNING COMMISSION’S DECISION TO APPROVE A
BOWLING ALLEY, NIGHTCLUB, AND RESTAURANT WITH LATE HOUR
ALCOHOL SERVICES WITHIN THE HISTORIC DOWNTOWN COMMERCIAL
ZONE (1144 CHORRO STREET, USE-1127-2015)
Council Member Carpenter announced that he is recusing himself because he owns
commercial property within 500’ of the subject property; left the Chamber at 6:36 p.m.
Council Members Christian and Rivoire, Vice Mayor Ashbaugh and Mayor Marx
disclosed their individual ex-parte communications regarding this appeal.
Community Development Director Codron and Assistant Planner Bell narrated a
PowerPoint presentation entitled “1144 Chorro Street USE-1127-2015” and responded to
Council inquiries. There was a consensus among Council to allow the applicant and
appellant each 10 minutes of presentation and rebuttal total time.
In response to Council inquiry, Assistant Planner Bell indicated that there has been no
limitation on musical events, noting that limitations are based on the noise ordinance;
stated that first review of noise impacts were based on a different configuration of the
project floor plan; added that the floor plan was re-evaluated to increase the occupancy
limit to 1,118.
Mayor Marx opened the public hearing.
James Lopes, Appellant, Save Our Downtown, urged Council to deny the project and
provide direction to the owner as to what is considered acceptable permitting for the
downtown; opined that the proposed project will be the largest drinking venue in the
downtown; expressed concerns that both staff and the Planning Commission made errors;
stated that actions taken tonight will harm those in the vicinity and those visiting the area;
noted that decisions made will not be consistent with the General Plan policy, noise
policies, and alcohol outlet amendment.
Jeremy Pemberton, representing Discovery San Luis Obispo, Morro Bay, narrated a
PowerPoint presentation entitled “Discovery San Luis Obispo”; noted that Ventura
Visitors Bureau project is intended to promote tourism; pointed out that the Community
Development Director of Ventura presented a letter of support indicating that no
complaints have been filed for two years; asserted that multiple forms of entertainment
will be delivered and the proposed project it is not intended to be a bar; explained that the
bowling alley is intended to be a family friendly business, adding that the facility will
offer a kids party package; expressed that his intentions were to not appeal the hours of
operations condition; opined that there are no high quality food services is available after
midnight.
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Sandra Lakeman, San Luis Obispo, urged Council to deny the proposed project;
questioned whether the City wanted to support a large scale party facility; stated that the
downtown has a high concentration of alcohol outlets and high alcohol crime rate.
Madeline Mooree, affiliate of Discovery, Los Osos, stated that one liquor license is
required for the entire facility; added that the owners will be held responsible and will
have the appropriate control if a situation were to occur.
David Brodie, San Luis Obispo, voiced opposition to the proposed project; stated that
parking was not accommodated in the project proposal; suggested that a question be
placed on the ballot as to whether downtown should be a primarily downtown
entertainment area.
Whitney Szentesi, San Luis Obispo, encouraged Council to support staff’s
recommendation and approve the project; expressed excitement about new opportunities
for entertainment in the downtown, particularly the bowling alley and concert venue.
Ryan Foster, San Luis Obispo, spoke in favor of the proposed project; noted that he lives
and works in the downtown area; stated that Cal Poly is a dry campus, and therefore,
alcohol is not permitted at the bowling alley.
Elizabeth Thyne, San Luis Obispo, encouraged Council to take into consideration about
the direction of the City; stated that the City is encouraging people to live downtown, but
is also permitting more alcohol serving venues which contributes to noise and bad
behavior
Dave Hannings, San Luis Obispo, asserted that downtown will become a party space for
students; opined that many downtown projects include residential components which are
incompatible with recreational spaces serving alcohol.
Scott Andrews, San Luis Obispo, voiced support for the proposed project and for
allowing a live music venue to be located in the downtown; opined that the City needs
more nightclubs in the downtown similar to piano bars and jazz venues.
Greg Finch, Morro Bay, spoke on his desire to see a live music venue in the downtown
which offers a variety of entertainment for the public and his family.
Josh Christensen, Sidecar, spoke about being a business owner in the downtown and
expressed frustration that his business is in the process of expanding and regulations have
changed during this process; questioned why policies would change in the middle of an
expansion.
Ron Meier, Restaurant and Bar Owner, voiced concerns regarding the change of use in
the downtown; opined that a public hearing should have been required when a use change
was requested, pointing out that there are too many alcohol outlets in the downtown.
Bill Hales, Bar Owner, urged Council to postpone the project to allow for more
discussion; spoke about his desire to see the project scaled back; opined that the project is
being rushed.
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Dixie Cliff, San Luis Obispo, requested that the Council refer the project back to the
Planning Commission for reconsideration; recommended denying live entertainment at
the venue; stated that the project will contribute to the need for more police officers and
sanitation workers.
Odiel Ayral, San Luis Obispo, spoke about her desire for the project to be denied or
scaled back; opined that the Alcohol Beverage Control (ABC) has determined that the
downtown has an over concentration of businesses that serve alcohol; stated that other
businesses are being forced out of the downtown due to increasing rents because of bars
and restaurants.
Michelle Tasseff, San Luis Obispo, opined that Save Our Downton (SOD) did not attend
the Planning Commission meeting and did not provide input; asserted that the homeless
contributes to the perception of drinking, drug use, and unsafe conditions
Rob Rossi, San Luis Obispo, spoke in support of the proposed project; opined that the
venue is similar to a bowling alley; stated that the downtown experience includes higher
noise levels and that people are aware of the noise when they move to the downtown.
Michael Kyle, Granada Hotel Owner, San Luis Obispo, voiced support of the proposed
project; spoke about his desire to ensure that the venue will be a family and friendly
environment and is not intended to be a nightclub.
RECESS
Council recessed at 8:09 p.m. and reconvened at 8:20 p.m., with all Council Members present,
except Council Member Carpenter.
Roy Ogd en, San Luis Obispo, voiced concerns that the scale of the project has not been
thoroughly evaluated; opined that the business focus on bowling and less as a bar would
be more suitable for the area.
Greg Wynn, San Luis Obispo, voiced support for the proposed project; suggested that the
2 a.m. closure be permitted with an annual review; opined that the project was legally
noticed for each of the advisory bodies.
Steve Delmartini, San Luis Obispo, questioned the Save Our Downtown (SOD) reasons
for the appeal; stated that impacts on parking garages is a benefit to the City, pointing out
that the City desires for them to be used; opined that event venues are needed in the City.
Donald Hedrick, San Luis Obispo, requested that the City modify its parking enforcement
operating hours to include enforcement at night and weekends; questioned if the
developers will install state of the art noise reduction materials for the facility.
Todd Brown, representing SLO Brewing Company, San Luis Obispo, spoke in support of
the proposed project; voiced concerns regarding the size of the project, increase of liquor
licenses in the downtown, and morphing of restaurants and bars into nightclubs;
suggested that the size be reduced to single story with offices in the basement and no
additional bars at the facility.
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Packet Pg. 16 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of September 15, 2015 Page 10
Sandra Rowley, Resident Quality Neighbors (RQN), San Luis Obispo, voiced support for
the proposed project; stated that the proposed layout is designed for alcohol outlets;
opined that approval of the proposed establishment is counterproductive to correcting
alcohol behaviors of students.
Paul Allen, San Luis Obispo, encouraged Council to approve Save Our Downtown’s
(SOD) appeal and refer the project to the Planning Commission; opined that the proposed
project does not fit the character of the community; spoke about his desire for the
downtown to have a focus on small businesses.
Chuck Braff, San Luis Obispo, spoke about his desire to see that all bars in the downtown
close at 2 a.m. and opined that other businesses alike, should have the same closing time.
Camille Small, San Luis Obispo, voiced that Council has an obligation to protect the
residents of the City; opined that the overwhelming attendees of the concert venue will be
students; pointed out that the facility might be more appropriate at the current location of
The Graduate.
Barbara Lees, San Luis Obispo, spoke on her desire to change the image of the
downtown as it relates to partying; opined that the proposed project is out of character
with the community, noting that the project does not enhance the visitors’ image of the
City.
Lauren Christensen, Sidecar Owner, spoke on her experience with the Community
Development Department to expand her bar, noting that the process took 11 months;
opined that the City is not applying processes and regulations consistently; opined that
the project should be examined for a longer period due to its scale.
William Riggs, San Luis Obispo, requested that Council deny the appeal; opined that the
facility would be appealing to multi-generations of residents; noted that the building has
been vacant for a long period of time.
Dawn Legg, San Luis Obispo, spoke in support of the proposed project; noted that the
facility has been vacant for three years because of its large size; opined that this is a good
use for the site and that the project will be economically feasible.
Carolyn Smith, San Luis Obispo, voiced concerns about the proposed project; opined that
the project is being rushed, pointing out that revocation of a permit is difficult once a
project is approved; stated that the downtown residents will have to cope with the impacts
related to the type of venue at the facility.
Andrea Miller, Spike’s Pub, expressed support to closing the facility at midnight; opined
that the scale of the project is too large, noting that a shopping center with ample parking
is a suitable location for this type of facility.
Cody Hartwell, Creeky Tiki, suggested that the 2 a.m. closure be permitted; opined that if
the proposed project is approved with a closure of 2 a.m., than other business should be
able to close at that time as well.
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Packet Pg. 17 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of September 15, 2015 Page 11
Gareth Kelly, San Luis Obispo, urged Council to approve the proposed project and
extend the hours of operation to 2 a.m.; voiced support of the venue; noted that the legal
drinking age in England is 18 compared to America’s legal drinking age of 21.
Mila Vujovich-LaBarre, San Luis Obispo, urged Council to approve the appeal of Save
Our Downtown (SOD); stated that the type of business is unusual in the City; opined that
this sends a mixed message about the recreational activities while serving alcohol; opined
that alcohol should not be served before 8 p.m. and that all restaurants should extend
hours till 2 a.m.
Paul Rys, San Luis Obispo, expressed concerns with where alcohol will be served, as the
venue is intended to be family friendly; suggested that alcohol service be limited to the
second floor.
Mayor Marx invited the applicant and appellant to make their rebuttal statements.
Jamie Lopes, Appellant, Save Our Downtown (SOD), urged Council to postpone the
project to allow additional discussion; noted that the use permit could be transferred in
the future to a less desirable operator; stated that the venue has moved forward with the
City’s direction, including a welcoming approach; noted that the Land Use and
Circulation Element (LUCE) opinion survey stated that there should be fewer alcohol
venues in the downtown.
Jeremy Pemberton, Discovery San Luis Obispo, Morro Bay, spoke in support of a use
condition which requires a permit to be reviewed; advised that 13 bowling lanes will need
10,000 square feet of floor space; stated that the Embassy Suites has multiple banquet
rooms operating under one license; pointed out that the security surveillance will be
monitored; explained that the suggested proposal is the best plan to be economically
viable, stating that restrictions for specific areas would negatively impact the viability.
There being no others desiring to speak on this item, the public hearing was closed.
In response to public comment, Community Development Director Codron explained the
reasons for the project’s advancement; summarized the history of the project, stating that
the first engagement occurred in December 2014 and added that the completed
application occurred in March 2015; stated that the applicant has responded quickly with
modifications to the floor plan; indicated that that the Alcohol Outlet Type –
Restaurant/Bar is a type 47 license and no permit required, however, late service requires
a permit; noted that Council has created no policy or moratorium that limits restaurants
that serve alcohol.
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Packet Pg. 18 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of September 15, 2015 Page 12
MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 4-0 (COUNCIL MEMBER CARPENTER RECUSED), to
adopt Resolution No. 10669 (2015 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California: (1) Denying an appeal filed by James Lopes and
Sandra Lakeman, on behalf of Save Our Downtown, and upholding the Planning
Commission’s decision to approve a bowling alley, nightclub and restaurant with limited
late hour alcohol services within the Historic Downtown Commercial Zone (1144 Chorro
Street, USE-1127-2015); and (2) denying an appeal filed by the applicant appealing the
Planning Commission’s approval of Condition No. 3 limiting hours of operation, thereby
granting final approval to the project based on findings of consistency with the General
Plan, Zoning Regulations and applicable City standards, project conditions and find that
the project is categorically exempt pursuant to CEQA section 15332,” with the following
revisions:
a. Condition 3(a): The outdoor patio seating area shall be closed to all patrons no later
than 11:00 p.m., nightly.
b. Condition 5: The applicant shall make reasonable efforts to minimize the potential for
adverse noise and crowd impacts on adjacent establishments and nearby residences,
including, but not limited to, ensuring that all windows and doors are closed during
concert performances, as well as no later than 10:00 p.m., nightly
c. Condition 10(b): The security plan shall include a detailed explanation of how concert
patrons will exit the building to Chorro Street and/or Marsh Street through the
restaurant at the conclusion of a musical event
d. Condition 14: The site shall be maintained in a neat and orderly manner at all
times, including the exterior of the building. The applicant shall also be responsible for
daily cleanup/maintenance of the areas of patron queuing and the adjacent public right-
of-way.
e. Condition 20: This Use Permit shall be reviewed at a Planning Commission hearing if
the City receives a substantiated written complaint complaints from any citizen, Code
Enforcement Officer, or Police Department employee, which includes information
and/or evidence supporting a conclusion by the Community Development Director
that a substantial violation of this Use Permit, or of City ordinances or regulations
applicable to the property or the operation of the business, has occurred. At the time
of the Use Permit review, to insure on-going compatibility of the uses on the project
site, conditions of approval may be added, deleted, modified, or the Use Permit may
be revoked.
f. New Condition: Applicant shall provide at least one path of travel to and from one set
of bowling lanes that does not require patrons to pass through or immediately
adjacent to any unenclosed bar as approved by the Community Development
Director.
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Packet Pg. 19 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of September 15, 2015 Page 13
BUSINESS ITEM
17. AUTHORIZATION TO PURSUE FULL ALLOCATION OF NACIMIENTO
PROJECT WATER
Utilities Director Mattingly and Utilities Deputy Director Floyd narrated a PowerPoint
presentation entitled “Nacimiento Project Full Allocation” and responded to Council
inquires.
Donald Hedrick, San Luis Obispo, opined that the drought is manufactured by
geoengineering and that mining operations that serve Nacimiento could deposit heavy
metals; questioned the pH of the water system; opined that it is preferable for the citizens
to drink alkaline water.
Paul Rys, San Luis Obispo, questioned staff regarding the “use it or lose it” rule and the
usage of water from other users when the City is limiting their use of water; opined that
the community does not want to rely on groundwater; inquired on the prediction of how
many more years the City has left of a water supply.
In response to public comment, Deputy Director Floyd explained the “use it or lose it”
philosophy; noted that the “use it or lose it” rule was established by agreement in 1959;
explained the number of years the City has left of a water supply; stated that the City
used a seven year model based on the climatic conditions that existed in the last drought;
noted that the City’s current drought is based on weather conditions; explained the
current use of the City’s ground water, indicating that the City is not utilizing ground
water at this time.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to authorize the City Manager to sign the application of
intent to acquire additional delivery entitlement of Nacimiento Project Water.
LIAISON REPORTS
Council liaison reports were received from Council Member Christianson and Mayor Marx.
COUNCIL COMMUNICATIONS
Council Member Christianson thanked staff for its 9-11 memorial dedication event which was
held at Fire Station No. 1 on September 11, 2015.
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Packet Pg. 20 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of September 15, 2015 Page 14
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, October 6, 2015 at 6:00 p.m.
in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: XX/XX/2015
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Packet Pg. 21 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Tuesday, October 6, 2015
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
October 6, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis
Obispo, California, by Vice Mayor Ashbaugh.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, and Vice
Mayor John Ashbaugh.
Council Members
Absent: Mayor Marx
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson,
Assistant City Manager; Assistant City Clerk John Paul Maier; and Anthony
Mejia, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Christianson led the Pledge of Allegiance.
PRESENTATION
1. PROCLAMATION - NATIONAL DISABILITY AWARENESS MONTH
Vice Mayor Ashbaugh presented a Proclamation to Justin McIntire, California Department
of Rehabilitation, and DJ MacFarlane, Scientific Drilling, recognizing October as "National
Disability Employment Month."
2. PROCLAMATION - FIRE PREVENTION WEEK
Vice Mayor Ashbaugh presented a Proclamation to Garret Olson, Fire Chief and Rodger
Maggio, Fire Marshal, recognizing October 4-10, 2015, as "Fire Prevention Week."
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Packet Pg. 22 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of October 6, 2015 Page 2
APPOINTMENTS
3. APPOINTMENT TO THE MASS TRANSPORTATION COMMITTEE
City Clerk Mejia reviewed the contents of the Council Agenda Report.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 4-0, to appoint John Osumi to the Mass Transportation
Committee, as the business representative, to complete an unexpired term through
March 31, 2016.
PUBLIC COMMENT
Donald Hedrick, San Luis Obispo, questioned whether there is an underlying reason as to why
several key City positions have separated recently; voiced concerns that geoengineering is
harming human health.
CONSENT AGENDA
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER
CARPENTER, CARRIED 4-0, to approve Consent Calendar Items 4 thru 8 and Item 13.
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER CARPENTER, CARRIED 4-0, to waive reading of all resolutions and
ordinances as appropriate.
5. MINUTES OF THE CITY COUNCIL MEETING OF SEPTEMBER 1 AND
SEPTEMBER 3, 2015
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER CARPENTER, CARRIED 4-0, to approve the Minutes of the City Council
meeting of September 1 and September 3, 2015.
6. CONSIDERATION OF THE HUMAN RELATION COMMISSION’S
RECOMMENDED PRIORITIES FOR THE 2016 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER CARPENTER, CARRIED 4-0, to:
1. Approve Community Development Block Grant and Grants-In-Aid funding priorities for
2016.
2. Make a determination pursuant to Section 15061 (b)(3) General Rule and Section 15306
Categorical Exemption of the CEQA Guidelines that developing priorities for funding
will not have a significant effect on the environment and is exempt from environmental
review.
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Packet Pg. 23 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of October 6, 2015 Page 3
7. SLO TRANSIT DBE GOAL AND METHODOLOGY
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER CARPENTER, CARRIED 4-0, to authorize staff to establish the 1.7%
Disadvantaged Business Enterprise (DBE) goal for federal funds related to SLO Transit
enterprise fund.
8. 9-1-1 EQUIPMENT UPGRADE
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER CARPENTER, CARRIED 4-0, to award the contract between AT&T and the
City using the State Master Purchase Agreement to replace the existing 9-1-1 phone system
equipment with new and upgraded 9-1-1 equipment.
13. PUBLIC SAFETY AUDIO RECORDING SYSTEM REPLACEMENT
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER CARPENTER, CARRIED 4-0, to:
1. Authorize the City Manager to award a contract and accept State funding to purchase a
new City Public Safety Audio Recording System Replacement (Specification No. 91325),
to Voice Print International (VPI) in the amount of $51,970.
2. Authorize the Finance Director to execute a purchase order for needed server hardware
for the Audio Recording System Replacement (Spec No 91325) to Dell Computers in
the amount of $19,847.
PUBLIC HEARING
9. GRANTING A FRANCHISE TO SAN LUIS GARBAGE COMPANY FOR FOOD
AND GREEN WASTE SERVICES
Utilities Director Mattingly and Utilities Services Manager Munds narrated a PowerPoint
presentation entitled “Granting of a Food and Green Waste Franchise Agreement to San
Luis Garbage Company” and responded to Council inquiries.
Vice Mayor Ashbaugh opened the public hearing.
Donald Hedrick, San Luis Obispo, questioned whether requiring separation of food waste
will negatively impact restaurants and residents; voiced concern that additional garbage
truck trips will be necessary and additional waste containers will be placed on the streets.
In response to public comment, Utilities Service Manager Munds advised that State law
requires the City to establish a manner in which to recycle green and food waste in an effort
to divert waste to landfills; explained that the City and Waste Connections will conduct
community outreach to inform residents and restaurants about these new requirements.
There being no others desiring to speak on this item, the public hearing was closed.
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Packet Pg. 24 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of October 6, 2015 Page 4
MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 4-0, to introduce Ordinance No. 1624 (2015 Series) entitled
“An Ordinance of the City Council of the City of San Luis Obispo, California, granting a
twenty-year franchise to San Luis Garbage Company for food and green waste collection,
processing and/or disposal within the City of San Luis Obispo.”
BUSINESS ITEM
10. PROPOSED AMENDMENTS TO CHAPTER 1.24 OF THE SAN LUIS OBISPO
MUNICIPAL CODE REGARDING APPEALS OF ADMINISTRATIVE
CITATIONS, CHAPTER 15.02 (CHAPTER 1.24 TO SUPERSEDE CONFLICTING
ADMINISTRATIVE CITATION AND REVIEW PROVISIONS OF BUILDING
CONSTRUCTION AND FIRE PREVENTION REGULATIONS), CHAPTER 1.20,
AND ADDITION OF NEW CHAPTER 2.30 (CREATE ADMINISTRATIVE
REVIEW BOARD)
City Attorney Dietrick narrated a PowerPoint presentation entitled “Revised Process for
Appeals of Administrative Citations” and responded to Council inquiries.
Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND
BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0, to introduce Ordinance No. 1625
(2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo,
California, repealing and replacing Chapter 1.24 (Administrative Code Enforcement
Procedures) of Title 1, amending Section 1.20.020 of Title 1, amending Chapter 15.02
(Building Codes adopted) to add Section 15.02.015 of Title 15 (Chapter 1.24 to supersede
conflicting Administrative Citation and Review Provisions of Building Construction and
Fire Prevention Regulations), and adding Chapter 2.30 (Administrative Review Board) to
Title 2, of the San Luis Obispo Municipal Code,” as amended.
11. BRANDING UPDATE FOR SLO TRANSIT VEHICLES
Public Works Director Grigsby and Transit Manager Anguiano narrated a PowerPoint
presentation entitled “Proposed Update to SLO Transit’s Brand” and responded to Council
inquiries.
Donald Hedrick, San Luis Obispo, opined that the design overly incorporates angular
straight line designs on the side perspective of the bus, expressing a preference for curvy
line designs; suggested that side panels of buses could be used for displaying artwork
created by local artist.
John Osumi, San Luis Obispo, stated that the design is a fast modern design that gives a nice
impression to riders; spoke in support of the revised bus design style and encouraged
Council to support the design.
Jim Thompson, speaking as an individual, Chair of the Mass Transportation Committee, San
Luis Obispo, stated that staff has worked diligently to develop a new design to incorporate
the City’s new emblem and existing transit system branding design.
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Packet Pg. 25 Attachment: a - 09-15-2015 and 10-06-2015 Minutes (1163 : Minutes of September 15 and October 6, 2015)
San Luis Obispo City Council Minutes of October 6, 2015 Page 5
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 3-1 (VICE MAYOR ASHBAUGH VOTING NO), to
approve revised paint scheme for new SLO Transit vehicles, and maintain existing paint
scheme for all existing transit stock with a phasing in of the new scheme as vehicles are
replaced.
Vice Mayor Ashbaugh expressed concern that the new bus design overly represents angular
geometry on the side perspective and may receive adverse comments from the community;
suggested that Council refer the matter back to staff and the Mass Transportation Committee
with instructions to modify the angularity on the side perspective of the bus design.
12. ADOPT A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS’
ASSOCIATION (SLOPSOA) FOR THE PERIOD OF 07/01/2015 – 06/30/2019
Human Resources Director Irons and Human Resources Manager Zocher narrated a
PowerPoint presentation entitled “Adjustments to Compensation for the San Luis Obispo
Police Staff Officers’ Association” and responded to Council inquiries.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 4-0, to adopt Resolution No. 10670 (2015 Series) entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, adopting and
ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San
Luis Obispo Police Staff Officers’ Association for the period of July 1, 2015 through June
30, 2019.”
LIAISON REPORTS
A Council liaison report was received from Vice Mayor Ashbaugh. Council Member Rivoire
noted that he recently attended the League of California Cities Annual Conference held in San
Jose, California.
COUNCIL COMMUNICATIONS
None.
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, October 20, 2015 at 6:00 p.m.
in the Council Chamber, in the Council Chamber, 990 Palm Street, San Luis Obispo, California
__________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY COUNCIL: xx/xx/2015
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blank.
Meeting Date: 10/20/2015
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Dan Van Beveren, Senior Civil Engineer
SUBJECT: GOLF COURSE RESTROOM REPLACEMENT, SPECIFICATION NO. 91327
RECOMMENDATION
1. As recommended by the Parks and Recreation Commission approve plans and specifications
for the Golf Course Restroom Replacement Project, Specification No. 91327; and
2. Authorize staff to advertise for bids, and authorize the City Manager to award the contract if
the lowest responsible bid is with the Engineer’s Estimate of $290,000.
DISCUSSION
Background
The current restrooms at the Laguna Lake Golf Course were constructed in 1966, and consist of
separate men’s and women’s facilities housed in a structure which is attached to the existing
pro-shop building. A maintenance room is also part of this structure, and serves as a storage area
for golf course maintenance equipment, supplies, and tools. The restroom facilities, which serve
the golf course staff and clientele, are in need of upgrades, including compliance with the
Americans with Disabilities Act (ADA).
In December 2004, the City entered into an agreement with the U.S. Department of Justice to bring
various City facilities into compliance with ADA regulations. This restroom is among various
facilities targeted for compliance upgrades. Given the condition and age and the extent of the
remodeling required to bring it into compliance, it was determined that this structure was not
suitable for remodeling and needed to be replaced to achieve compliance.
Project Scope
This project involves the replacement of the separate restrooms with a new, stand-alone restroom
structure, which will be adjacent to the pro-shop building. The new, stand-alone structure includes
ADA-compliant restroom facilities and a replacement maintenance/storage room for golf course
maintenance operations. The new restroom will contain the same total number of fixtures as the
existing restrooms, and the new building footprint will be somewhat larger footprint (20’ x 30’) than
the existing facilities. Additionally, some modifications to the adjacent parking lot and sidewalk
fronting the property on Los Osos Valley Road are included in the project scope to bring the facility
into ADA compliance. Refer to Attachment A for an overview of the site and the proposed
improvements.
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In order to address maintenance concerns of the new restroom, the proposed design incorporates
the use of materials intended to stand up to public use and the environment. The structure will
include a concrete foundation with masonry block on the lower portion, and wood-stud
construction on the upper two-thirds of the structure. The interior concrete floors will be
epoxy-coated for ease of cleaning, and the lower portion of the interior walls will be ceramic tile.
As opposed to a public park restroom which generally uses stainless steel fixtures, this restroom
has been designed with ceramic fixtures as vandalism is not generally an issue at the golf course
location. The project will also incorporate low level exterior safety lighting, and the restroom
fixtures will be compliant with California Green Buildings Standards for low water consumption.
Aesthetically, the exterior finish takes inspiration from the adjacent pro-shop building. The
design incorporates exposed masonry along the lower portion of the structure, exterior fiber-
cement board and batt siding for the upper portions of the exterior walls, and a low-maintenance
metal roofing material. Refer to Attachment B for a 3-D rendering of the restroom.
In 2014, the City contracted with Omni Design Group, an on-call architectural consulting firm
experienced in restroom design, to assemble plans and specifications for the project. Those
documents are now complete and ready to be advertised for construction.
CONCURRENCES
This project design is the result of a collaborative effort between the Public Works Department
responsible for the project management duties, and the Parks and Recreation Department as the
representatives for the stakeholders of the project.
The project was presented to the City Parks and Recreation Commission (PRC) on July 1, 2015.
(See section 3 of PRC meeting minutes, Attachment C) The PRC unanimously approved the
project recommending replacing the existing facility with a new stand-alone restroom building
adjacent to the existing pro-shop building.
The design was presented to Community Development Department staff for review. It was
determined to be architecturally insignificant not requiring formal architectural review by the
Architectural Review Committee.
A building permit application was submitted the Community Development Department’s
Building Division in June 2015. A building permit was approved in September 2015, and will be
issued to the contractor following the award of a construction contract. All comments and
conditions associated with the Building and safety review of the project have been incorporated
into the design of the project.
ENVIRONMENTAL REVIEW
The Community Development Department has issued a Notice of Exemption pursuant to Section
15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines.
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FISCAL IMPACT
Construction funding is included in the recently approved 2015-17 Financial Plan as shown in the
following table.
Construction Estimate:$290,000
Contingencies:$29,000
Total for Construction $319,000
Materials Testing and Inspection $15,000
Printing and other misc. costs:$1,000
Total for Other Costs $16,000
Total Construction Estimate $335,000
Golf Course Restroom Replacement - Construction Funding
Current Amount Available in Golf Course Restroom Construction Account is $350,000.
Attachments:
a - Site Map
b - 3D Rendering
c - Parks and Recreation Commission Meeting Minutes 7-1-15
Council Reading File - Plans
Council Reading File - Contract Documents
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1.5% 1.5%1.5%1.2%1.5%1.5%1.5%0.5%0.7%0.7%1.5%FF=150.821.5%1.5%Proposed Restroom BuildingExisting Pro-ShopPractice GreenLos Osos Valley RoadDriving RangeParking Lot01Site Plan06/25/15LAGUNA LAKE GOLF COURSE RESTROOM REPLACEMENT7.a
Packet Pg. 30 Attachment: a - Site Map (1123 : Golf Course Restroom Replacement - Approval to Advertise)
02Study Perspectives06/25/2015LAGUNA LAKE GOLF COURSE RESTROOM REPLACEMENT1Approach from Parking2Los Osos Valley RoadFiber-cement board andbatt vertical sidingOrnamental concreteblock wainscotBlack extruded metalentry signageExterior lightingStanding seammetal roofingOrnamental concreteblock wainscotOverhead doorBlack extruded metalentry signage7.b
Packet Pg. 31 Attachment: b - 3D Rendering (1123 : Golf Course Restroom Replacement - Approval to Advertise)
7.c
Packet Pg. 32 Attachment: c - Parks and Recreation Commission Meeting Minutes 7-1-15 (1123 : Golf Course Restroom Replacement - Approval to Advertise)
7.c
Packet Pg. 33 Attachment: c - Parks and Recreation Commission Meeting Minutes 7-1-15 (1123 : Golf Course Restroom Replacement - Approval to Advertise)
7.c
Packet Pg. 34 Attachment: c - Parks and Recreation Commission Meeting Minutes 7-1-15 (1123 : Golf Course Restroom Replacement - Approval to Advertise)
7.c
Packet Pg. 35 Attachment: c - Parks and Recreation Commission Meeting Minutes 7-1-15 (1123 : Golf Course Restroom Replacement - Approval to Advertise)
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Meeting Date: 10/20/2015
FROM: Carrie Mattingly, Utilities Director
Prepared By: Ron Munds, Utilities Services Manager
SUBJECT: ADOPTION OF AN ORDINANCE GRANTING A FRANCHISE TO SAN
LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE
COLLECTION SERVICES
RECOMMENDATION
Adopt Ordinance No. 1624 (2015 Series) entitled “An Ordinance of the City Council of the City
of San Luis Obispo, California, granting a franchise to San Luis Garbage Company for food and
green waste collection, processing and/or disposal within the City of San Luis Obispo.”
DISCUSSION
Background
On October 6, 2015 the City Council voted 4 to 0 to introduce Ordinance No. 1624 (2015
Series). Ordinance No. 1624 grants San Luis Garbage Company a twenty year franchise
agreement to collect food and green waste within the City. The twenty year term would
commence upon commercial operation or the proposed composting facility at San Luis
Garbage’s property off of Santa Fe Road. The franchise stipulates that if the proposed
composting facility is not constructed (or substantially completed) and operational by January 1,
2020, the term of the agreement will remain at the current term to August 2025. All other
provisions in the agreement will remain intact if the facility does not move forward. The new
Ordinance will become effective on November 20, 2015, 30 days after its adoption.
ALTERNATIVE
The City Council could choose not to adopt the ordinance and direct staff to return to the Council
with different alternatives for the collection and diversion of food and green waste within the
City.
Attachments:
a - Ordinance
8
Packet Pg. 36
O 1624
ORDINANCE NO. 1624 (2015 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, GRANTING A FRANCHISE TO SAN LUIS
GARBAGE COMPANY FOR FOOD AND GREEN WASTE COLLECTION,
PROCESSING AND/OR DISPOSAL WITHIN THE CITY OF SAN LUIS
OBISPO
WHEREAS, the public health, safety and welfare demand the orderly and periodic
collection of food and green waste from properties within the City of San Luis Obispo (“City”); and
WHEREAS, the City has determined that an exclusive franchise granted to a private
company is the most effective and efficient way to collect and remove food and green waste within
the City; and
WHEREAS, the current franchisee, San Luis Garbage Company (“SLGC”), has provided
reliable service within the City for more than 50 years without interruption; and
WHEREAS, on July 14, 2015, SLGC submitted a letter to the City requesting
modifications and a ten year extension to the City’s Green Waste Franchise in order for SLGC to
expand its organics waste diversion program. Specifically, SLGC intends on entering into an long-
term agreement with Hitachi Zosen Inova U.S.A. LLC (“HZI”) for the development, construction
and operation of a Kompogas plant (the “Kompogas Plant”) capable of processing the City’s
food and green waste; and
WHEREAS, the City Council finds that a Kompogas Plant would provide the City and
the community at large with state of the art facility that meet both existing and future state
mandated composting regulations, decrease the City’s carbon footprint through the reduction of
greenhouse gas emissions and generate reusable byproducts from the harvested methane gas
produced by the facility; and
WHEREAS, in order for HZI to finance the Kompogas Plant, HZI requires a twenty year
commitment for the delivery of organic waste from the date of operation of said facility; and
WHEREAS, by this Ordinance, the City intends on granting an exclusive franchise to San
Luis Garbage Company in order to facilitate the finance and development of the Kompogas Plant
and to ensure the continuation of effective and efficient green waste processing and/or disposal
service.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Ordinance No. 1551 (2010 Series) shall be repealed and the October 6, 2010
Agreement between the City of San Luis Obispo and San Luis Garbage Company for the Collection
and Disposal of Residential Green Waste shall be terminated upon the effective date of this
Ordinance.
8.a
Packet Pg. 37 Attachment: a - Ordinance (1151 : Second Reading Food and Green Waste Collection Franchise Agreement)
Ordinance No. _____ (2015 Series) Page 2
O 1624
SECTION 2. An exclusive franchise is hereby granted to San Luis Garbage Company for
services to collect, process, and dispose of food and green waste subject to the terms and conditions
set forth in the Agreement between the City of San Luis Obispo and San Luis Garbage attached
hereto as Exhibit A and incorporated herein by this reference.
SECTION 3. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance
is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforcement of the remaining
portions of this ordinance, or any other provisions of the City’s rules and regulations. It is the
City’s express intent that each remaining portion would have been adopted irrespective of the
fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 4. A summary of this ordinance, approved by the City Attorney, together with
the names of the Council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 6th day of October, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2015, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Jon Ansolabehere
Interim City Clerk
8.a
Packet Pg. 38 Attachment: a - Ordinance (1151 : Second Reading Food and Green Waste Collection Franchise Agreement)
Ordinance No. _____ (2015 Series) Page 3
O 1624
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 ______________, _________.
______________________________
Jon Ansolabehere
Interim City Clerk
8.a
Packet Pg. 39 Attachment: a - Ordinance (1151 : Second Reading Food and Green Waste Collection Franchise Agreement)
Meeting Date: 10/20/2015
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3057, 3080 ROCKVIEW
PLACE (TR 202-13)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 3057, 3080 Rockview Place, and authorize
the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Tract 3057 (TR 202-13) is located at 3080 Rockview Place (Attachment A). A vesting tentative
map for Tract 3057 was approved by the City Council on November 18, 2014, by Resolution
No. 10580 (2014 Series) (Attachment B). The vesting tentative map (Attachment C) approved a
nine-lot residential common interest subdivision, commonly known as Nine on Rockview.
Approving the Final Map
In order to preserve the creek corridor that runs through the subdivision and to comply with
Condition #13 of the tentative map, a private open space easement is being reserved on the final
map for the creek area. A Restrictive Covenant is being recorded concurrently with the map to
limit activity within the creek area. The bridge crossing the creek, the common driveway serving
the lots, and all other shared facilities will be maintained privately by Nine on Rockview’s
private maintenance association.
The tentative map has an initial two-year life per Municipal Code Section 16.10.150. It is not
subject to any automatic extensions granted by the State Legislature. Therefore, the final map
must be filed by November 18, 2016, unless the subdivider requests and is granted time
extensions from the City pursuant to Municipal Code Section 16.10.155.
The final map for Tract 3057 is ready to be approved and recorded. Pursuant to Section
16.14.080 of the Municipal Code, the Public Works Director has determined that the final map is
in substantial compliance with the tentative map and approved modifications thereof.
Section 66474.1 of the Subdivision Map Act states that “a Legislative body shall not deny
approval of a final or parcel map if it has previously approved a tentative map for the proposed
subdivision and if it finds that the final or parcel map is in substantial compliance with the
previously approved tentative map.” The approval of a final map is considered a ministerial
action.
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Packet Pg. 40
Appropriate securities will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment D). The
resolution approving the final map (Attachment E) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
CONCURRENCES
The Public Works Department and Natural Resources Division concur with the recommended
action.
ENVIRONMENTAL REVIEW
Approval of the final map is statutorily exempt under the California Environmental Quality Act
(CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision
maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no
further environmental review is required.
FISCAL IMPACT
There is no significant financial impact to the City associated with approving the final map for
Tract 3057. The new curb, gutter, and sidewalk being installed along the Rockview frontage and the
new water services will result in a minimal increase in maintenance costs upon acceptance of the
improvements by the City. The remainder of the subdivision improvements will be
privately-maintained.
ALTERNATIVES
Deny approval of the final map. Denying approval of the final map can apply if findings are
made that the requirements or conditions of the tentative map have not been met or performed
(Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in
substantial compliance with the previously approved tentative map (Section 66474.1 of the
Subdivision Map Act). Because the final map is in substantial compliance with the tentative map
and all of the conditions of the map will be met or securities deposited prior to map recordation,
Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the
map. Therefore, denying approval of the final map is not a recommended alternative unless the
required findings are made.
Attachments:
a - Vicinity Map
b - Resolution No. 10580 (2014) Approving Tentative Map
c - Tentative Map
d - Subdivision Agreement
9
Packet Pg. 41
e - Draft Resolution Approving Final Map
Exhibit A - Tract Map
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R-2-S
R-2-S
C/OS-40
R-2-S
C-S-PD
R-2-S
C-S-S
C-S-S
C-S-PD
R-3-PD
R-2-PD
C-S-S
C-S
C-S
R-2-S
C-C-S
R-2-PD
R-1-PD
R-1-PD
R-1-PD
B
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O
A
D
R
O
C
K
V
I
E
W
PERKIN S
SWEEN E Y
ORCUTT
VICINITY MAP File No. 202-133080Rockview ¯
9.a
Packet Pg. 43 Attachment: a - Vicinity Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
RESOLUTION NO. 10580 (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT
MAP WITH EXCEPTIONS TO PROPERTY DEVELOPMENT
STANDARDS, A USE PERMIT ALLOWING DEVELOPMENT OF A
NINE -UNIT RESIDENTIAL PROJECT ON A SITE WITH SPECIAL
CONSIDERATIONS (R -2 -S ZONING), AND MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT. 3080 ROCKVIEW
PLACE; TR/A/ER 202 -13 (TRACT 3057)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on May 14, 2014 and August 27, 2014, at which they reviewed the proposed project and
recommended approval to the City Council; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing on October 6, 2014, at which they reviewed the proposed project and
granted approval of the site design and architecture; and
WHEREAS, on November 18, 2014, the City Council conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of
considering application TR/A /ER 202 -13, a request for a Use Permit to allow development of a
site zoned Medium - Density Residential with a Special Considerations overlay with a nine -unit
Common Interest Subdivision and Vesting Tentative Tract Map for a residential subdivision; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings approving the request for Vesting Tentative Tract Map 3057, including
R 10580
9.b
Packet Pg. 44 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 2
exceptions to property improvement standards for new common interest subdivisions, and Use
Permit A 202 -13 to allow development of a site with the Special Consideration overlay zoning:
Subdivision Findings
1. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan and Airport Land Use Plan, including compatibility with
the objectives, policies, general land uses and programs specified in the General Plan for
Medium Density Residential land uses.
2. As demonstrated by the Winter Solstice Shading Plan and Conceptual Landscape Plan,
the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
3. As conditioned, the subdivider will defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attach set aside, void or annul an approval of the City
Council, Planning Commission, or City Staff concerning a subdivision.
4. The proposed tentative tract map is consistent with the General Plan, including LUE
Policies 2.2.11, 2.2.8 and 2.2.6, and HE Policies 4.2 and 6.14, because the subdivision
will provide residential development anticipated by the General Plan and preserve and
incorporate as amenities, natural site features, and sensitive natural resources.
5. The site is physically suited for the proposed type of development because the project has
been designed to utilize available residential density while enhancing creek resources.
6. The project is consistent with the intent of the City's Common Interest Subdivision
standards, in that it provides for small ownership units with private and common
amenities in a compact, cohesive manner.
7. With the incorporation of the recommended conditions and mitigation measures, the
design of the subdivision and improvements are not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat because the project will create beneficial enhancement of degraded natural
resources.
8. The design of the subdivision, or type of improvements, is not likely to cause serious
public health or safety problems because the type of improvements are appropriate for the
location and will be designed to meet existing building and safety codes.
9. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision because such easements will be maintained.
9.b
Packet Pg. 45 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 3
Affordable Housing
10. The development of one home restricted for a moderate - income family on -site is consistent
with the City's inclusionary housing requirements which require that projects of this size
provide one affordable unit on -site or pay the in -lieu housing fee
11. The proposed project, which provides a deed - restricted unit affordable to moderate -
income households, is consistent with policies and programs of the General Plan that
encourage new development to accommodate affordable housing production and variety.
By providing this affordable unit within the project, the City is able to approve a 7.5%
density bonus and one incentive. The specific incentive approved for the project is
allowing relaxation of setback standards, including street, other and creek setbacks that
do not create health and safety impacts as determined through the Mitigated Negative
Declaration prepared for the project
Exceptions to yard requirements (affordable housing incentive /concession)
12. There are circumstances of the site, such as the unusual configuration and bifurcation by
an open drainage channel, distinct from land in the same zoning, which would make
compliance with all setbacks infeasible.
13. Strict adherence to the required property improvement standards would decrease the size
or number of units within the project resulting in a significant loss of entitlement, and
inability to provide for restricted affordable housing on -site.
14. The reduced setbacks will not constitute a grant of special privilege; an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning, as dedication of one on -site affordable unit, or 12.5% of the project, entitles the
project to at 7.5% density bonus and one incentive or concession.
15. No feasible alternative to authorizing the exception would satisfy the intent of the city
policies and regulations. Final configuration of the homes, including setbacks, has been
reviewed and approved by the Architectural Review Commission at their October 6, 2014
public hearing.
16. The location and design of the feature(s) receiving the exception will minimize impacts
to scenic resources, water quality, and riparian habitat, including opportunities for
wildlife habitation, rest, and movement, as it will facilitate the establishment of
gradually- sloped, vegetated creek bank.
17. The exception will not limit the city's design options for providing flood control
measures that are needed to achieve adopted city flood policies, as the newly engineered
creek channel has been designed to improve drainage through the site.
9.b
Packet Pg. 46 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 4
18. The exception will not prevent the implementation of city- adopted plans, nor increase the
adverse environmental effects of implementing such plans, as the project includes
reestablishment of a creek channel at this location at a preferred gradual slope -bank.
19. There are circumstances applying to the site, such as its unusual shape and the need to
accommodate the existing culvert on neighboring properties, which does not apply
generally to land in the vicinity with the same zoning that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning.
20. The exception will not constitute a special privilege — an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning, as the creek
channel will be improved by the proposed project.
21. The exception will not be detrimental to the public welfare or injurious to other property
in the area of the project or downstream, as the project will improve the creek channel
before it enters the existing culvert on the neighboring property.
22. Site development cannot be accomplished with a redesign of the project without reducing
proposed density and a dedicated affordable unit.
23. Redesign of the project would deny the property owner reasonable use of the property
and the ability to provide affordable housing on -site.
SECTION 2. Environmental Review. A Mitigated Negative Declaration was prepared
by the Community Development Department on May 7, 2014. The City Council finds and
determines that the project's Mitigated Negative Declaration adequately identifies that there is no
foreseeable potential for significant environmental impacts by the proposed project. The City
Council does hereby adopt the proposed Mitigated Negative Declaration (ER 202 -13) with
incorporation of the following mitigation measures:
Mitigation Measure 1: Air Quality
1. During construction/ground disturbing activities, the applicant shall implement the
following particulate (dust) control measures.
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency will be required whenever wind
speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds
over 25 m.p.h. Reclaimed (non - potable) water is to be used in all construction and
dust - control work.
c. Dirt stock pile areas (if any) should be sprayed daily as needed.
d. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved
surface at the construction site.
e. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with California Vehicle Code Section 23114.
9.b
Packet Pg. 47 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 5
f. Scheduling of construction truck trips during non -peak hours to reduce peak hour
emissions.
g. If determined to be needed, periodic wash downs or mechanical street sweeping of
streets in the vicinity of the construction site shall be done.
Monitoring Plan, MM #1: These measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor the
dust control program and to order increased watering, as necessary, to prevent
transport of dust off site. Their duties shall include holiday and weekend periods
when work may not be in progress. The name and telephone number of such persons
shall be provided to the Community Development and Public Works Departments
prior to commencement of construction.
Mitigation Measure 2: Biological Resources
2. The project shall incorporate the following erosion control measures for work in and
around the riparian corridor:
a. No heavy equipment should enter flowing water.
b. Equipment will be fuelled and maintained in an appropriate staging area removed
from the riparian corridor.
c. Restrict all heavy construction equipment to the project area or established staging
areas.
d. All project related spills of hazardous materials within or adjacent to the project area
shall be cleaned up immediately. Spill prevention and clean up materials should be
onsite at all times during construction.
e. All spoils should be relocated to an upland location outside the creek channel area to
prevent seepage of sediment in to the drainage /creek system.
Monitoring Plan, MM #2: All construction and grading plan sets shall clearly note the
above mitigation measures on applicable sheets and be clearly visible to contractors and
City inspectors. Prior to issuance of building permits, a pre- construction meeting is
required between Associate Planner, Marcus Carloni (or assigned planner) and the project
contractor supervisor to ensure the above requirements are understood and complied with
at all times. Community Development Department staff and Public Works staff will
periodically inspect the site for continued compliance with the above mitigation
measures.
Mitigation Measure 3: Cultural Resources
3. If materials (including but not limited to bedrock mortars, historical trash deposits, and
human burials) are encountered during excavation, work shall cease until a qualified
archaeologist makes determinations on possible significance, recommends appropriate
measures to minimize impacts, and provides information on how to proceed in light of
the discoveries. All specialist recommendations shall be communicated to the City of San
Luis Obispo Community Development Department prior to resuming work to ensure the
9.b
Packet Pg. 48 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 6
project continues within procedural parameters accepted by the City of San Luis Obispo
and the State of California.
Monitoriny, Plan, MM #3: All construction and grading plan sets shall clearly note the
above mitigation measures on applicable sheets and be clearly visible to contractors and
City inspectors. Prior to issuance of building permits, a pre- construction meeting is
required between Associate Planner, Marcus Carloni (or assigned planner) and the project
contractor supervisor to ensure the above requirements are understood and complied with
at all times. Community Development Department staff and Public Works staff will
periodically inspect the site for continued compliance with the above mitigation
measures.
SECTION 3. Action. The City Council hereby approves the Vesting Tentative Tract Map
and Use Permit to allow development of a site with Special Considerations, and adoption of a
Mitigated Negative Declaration (TR/A/ER 202 -13), with incorporation of the following project
conditions:
Community Development Department - Planning
1. All exceptions to setback standards and conditions of approval, including those required
by the Architectural Review Commission, mitigation measures and easements shall be
shown on the final map and /or subdivision improvement /building plans.
2. Lot 5 shall provide an affordable housing unit in compliance with Section 17.91 of the
Municipal Code. An affordable housing agreement shall be recorded in compliance with
the City's Affordable Housing Standards subject to the approval of the City Attorney.
Community Development Department - Engineering
3. All easements shall be recorded on title with the individual lots.
4. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and /or its agents, officers and employees from any claim,
action or proceeding against the City and /or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review ( "Indemnified Claims "). The
City shall promptly notify the subdivider of any Indemnified Claim upon being presented
with the Indemnified Claim and City shall fully cooperate in the defense against an
Indemnified Claim."
5. Some of the proposed lot lines are shown relatively close to the proposed building. Wall
rating requirements and opening protective will apply per Table R302.1(2). Proposed
setback dimensions shall be clearly shown on plans to assess the requirements based on
Table as referenced.
9.b
Packet Pg. 49 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 7
6. Park in -lieu fees shall be paid for each lot prior to map recordation in accordance with the
fee resolution in effect at the time of final map submittal /recordation.
7. Complete frontage improvements are required as a condition of the subdivision and
development. All improvements shall be designed and constructed in accordance the
City Engineering Standards and Standard Specifications in effect at the time of submittal
of said improvements. The required subdivision improvements shall be completed or
covered by an appropriate surety prior to map recordation.
8. Grade and line shall be established by the developer for the new curb and gutter to the
satisfaction of the Public Works Director. A separate public improvement plan may be
required where grades and alignment have not been established or where significant
discrepancies are discovered. The developer is responsible for any required engineering
and /or surveying. Record drawings shall be provided at the completion of construction.
9. The required public and private subdivision improvements may be completed with a
separate subdivision improvement plan submittal processed through the Public Works
Department. As an alternate, the building plan submittal may be used to show all required
improvements. Improvements located within the public right -of -way will require a
separate encroachment permit and associated inspection fees. A separate plan review fee
based on the fee resolution in effect at the time of plan submittal will be required for the
Public Works Department review of the subdivision improvements associated with the
building plan submittal.
10. The final map shall show and note the offer of dedication for the sidewalk, public
pedestrian easement for any ADA sidewalk extensions, a 10' PUE, and a 10' street tree
easement.
11. Any required or proposed off -site easements or license agreements shall be secured or
recorded prior to or concurrent with recordation of the map or prior to construction.
12. Private easements for access, parking, maneuverability, drainage, utilities, and open
space shall be shown and noted on the final map. Some or all of the private easements
may be in the form of a blanket easement. The common driveway and any maintenance
agreements shall be recorded in conjunction with the map.
13. The open space easement, drainage easement, and any easement agreements shall be
reviewed and approved to the satisfaction of city's Natural Resource Manager and Public
Works Department in conjunction with recordation of the map. Restoration planting
within the open space and creek corridor shall be approved by the Natural Resource
Manager.
14. The final map or additional map sheet shall show the limits of 100 -year flood inundation
in accordance with the drainage analysis and as generally shown on the tentative map.
15. The updated project soils report shall be referenced on the map or on an additional sheet.
9.b
Packet Pg. 50 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 8
16. The parcel map /final map preparation and monumentation shall be in accordance with the
city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act.
17. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall
be tied to the City's Horizontal Control Network. At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel map.
All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Smith,
Vice Mayor Christianson and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of November 2014.
1111
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Mayp J, Marx
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ATTEST:
Jth ;, ,,,._,.
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ony
City Clerk
9.b
Packet Pg. 51 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. 10580 (2014 Series)
Page 9
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 o vv'. 4-11 _z_- L
9.b
Packet Pg. 52 Attachment: b - Resolution No. 10580 (2014) Approving Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
9.c
Packet Pg. 53 Attachment: c - Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
9.c
Packet Pg. 54 Attachment: c - Tentative Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
1
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between 9 on Rockview, LLC, a California limited liability company, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 3057, City of San Luis Obispo,
California, as approved by the City Council on the ____ day of ___________, 201___.
The Subdivider desires that said Tract No. 3057 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
9.d
Packet Pg. 55 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
2
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project
approvals.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
9.d
Packet Pg. 56 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
3
The Subdivider does also agree to comply with the conditions established by the
City Council and has paid the necessary fees as indicated on the attached Exhibits 1
and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $710,000 which is the
amount of the estimated cost of said improvements that remain to be completed from the
original $710,000 of required improvements. Per Sec. 66499.7(d) of the Government
Code of the State of California, a reduction in the performance security, is not, and shall
not be deemed to be, an acceptance by the City of the completed improvements, and the
risk of loss or damage to the improvements and the obligation to maintain the
improvements shall remain the sole responsibility of the subdivider until all required public
improvements have been accepted by the local agency and all other required
improvements have been fully completed in accordance with the plans and specifications
for the improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
9.d
Packet Pg. 57 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
4
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will retain a security in the amount of $71,000, which is 10%
of the total estimated cost of subdivision improvements. That amount being deemed
sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy
any defects in the improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
“AS-BUILT” record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($355,000) in
accordance with State law .
9.d
Packet Pg. 58 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
5
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or proceeding against the City and/or its agents, officers or employees to
attack, set aside, void or annul, the approval by the City of this subdivision, and all actions
relating thereto, including but not limited to environmental review (“Indemnified Claims”).
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
9.d
Packet Pg. 59 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
6
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
9 on Rockview, LLC
a California limited liability company
MAYOR Jan Marx
Damien T. P. Mavis, Manager
Patrick D. Arnold, Manager
ATTEST:
INTERIM CITY CLERK Jon Ansolabehere
9.d
Packet Pg. 60 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
7
EXHIBIT 1
TRACT 3057
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $3,000 to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter
from the Engineer indicating that they have completed the work and have been paid.
2. Park-in-lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Public improvement inspection fees shall be paid at time of encroachment permit issuance.
4. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
5. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
6. The subdivider shall comply with all requirements of Council Resolution 10580 (2014
Series) approving the tentative map.
9.d
Packet Pg. 61 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
8
EXHIBIT 2
TRACT 3057 - FEE AND BOND LIST
3080 Rockview
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Total Faithful Performance $710,000
Bond, CD,
Letter of
Credit
xxxx Can be released upon City acceptance of
improvements and deposit of one-year
warranty surety.
Labor & Materials (50% of total cost of
improvements
$355,000 Bond, CD,
Letter of
Credit
xxxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Monument Guarantee $3,000 CD or Letter
of Credit
xxxx Can be released upon verification that
monuments have been set and surveyor
has been paid.
10% Warranty $71,000 Bond, CD,
Letter of
Credit
To be
collected prior
to release of
Faithful
Performance
Bond
Can be released one-year after
acceptance of improvements, if no
defects.
Fees:
Map Check Fee $13,050 Check 7/16/15
Plan Check Fee $2,199 Check 7/22/15
Improvement Plan Inspection To be paid with encroachment permit
Park In-Lieu Fee1 $41,382 Check xxxx
Affordable Housing Requirements Requirement met with Affordable Housing Agreement
Water Impact Fee1 To be collected with building permit
Wastewater Impact Fee1 To be collected with building permit
Transportation Impact Fee1 To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
9.d
Packet Pg. 62 Attachment: d - Subdivision Agreement (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
R _____
RESOLUTION NO. (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT
3057 (3080 ROCKVIEW PLACE, TR 202-13)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 3057, as prescribed in Resolution No. 10580 (2014 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or will
submit appropriate securities to guarantee installation of the required subdivision improvements
as shown on the approved plans prior to map recordation, and all fees have been received or will
be received prior to map recordation, as prescribed in the Subdivision Agreement; and
WHEREAS, all conditions required per said Resolution No. 10580 (2014 Series) have been
met prior to final recordation of the map; and
WHEREAS, approval of a final map is statutorily exempt under the California
Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects
(approval of final subdivision maps) of Title 14 of the California Code of Regulations (State
CEQA Guidelines).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 3057 as shown on the attached Exhibit A is found to
be in substantial compliance with the tentative map.
SECTION 2. The Subdivision Agreement for Tract 3057 is hereby approved.
SECTION 3. Approval of the final map for Tract 3057 is hereby granted.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
9.e
Packet Pg. 63 Attachment: e - Draft Resolution Approving Final Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Resolution No. (2015 Series)
Page 2
The foregoing resolution was adopted this ______ day of _______________ 2015.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Jon Ansolabehere
Interim City Clerk
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick
City Attorney
9.e
Packet Pg. 64 Attachment: e - Draft Resolution Approving Final Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
9.f
Packet Pg. 65 Attachment: Exhibit A - Tract Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
9.f
Packet Pg. 66 Attachment: Exhibit A - Tract Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
9.f
Packet Pg. 67 Attachment: Exhibit A - Tract Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
9.f
Packet Pg. 68 Attachment: Exhibit A - Tract Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
9.f
Packet Pg. 69 Attachment: Exhibit A - Tract Map (1139 : Final Map Approval for Tract 3057, 3080 Rockview Place)
Meeting Date: 10/20/2015
FROM: Michael Codron, Community Development Director
Prepared By: Jenny Wiseman, Planning Technician
SUBJECT: AFFORDABLE HOUSING FUND APPROPRIATION FOR THE SAN LUIS
OBISPO COUNTY HOUSING TRUST FUND (HTF)
RECOMMENDATION
Appropriate $60,000 from the Affordable Housing Fund for the San Luis Obispo County
Housing Trust Fund.
DISCUSSION
Background
Council identified housing as a Major City Goal in the 2015 -17 Financial Plan. Included in the
work plan to accomplish this effort is an action item to use the Affordable Housing Fund to
support the HTF’s operating expenses. The Housing Major City Goal budget includes a line item
to accomplish this task in the amount of $30,000 in fiscal year 2015-16 and $30,000 in fiscal
year 2016-17, for a total of $60,000 (Attachment A). Staff is requesting Council authorization to
now appropriate the funds from the Affordable Housing Fund to pay for this effort.
Overview of HTF
The San Luis Obispo County Housing Trust Fund (HTF) is a Community Development
Financial Institution (CDFI) that provides financing, technical assistance and advocacy to
increase the supply of affordable housing in the City. The HTF provides funding for affordable
housing projects, including property acquisition, construction, and refinancing. HTF staff also
serves as a resource to City staff working with developers on affordable housing projects. The
HTF’s Executive Director, Jerry Rioux, maintains a high profile in the community as an
advocate for affordable housing projects, and serves on the Workforce Housing Coalition Board.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per Section 15061(b)(3) General Rule of the
CEQA Guidelines. Appropriation of the funds from the AHF will support the operations of the
HTF. Each project financed by the HTF in the City will be subject to CEQA at the time the
project is filed. It can be seen with certainty that the proposed action to appropriate funding to
the HTF for operating expenses will have no significant effect on the environment.
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FISCAL IMPACT
The City Council approved $60,000 to support the HTF’s operating expenses in the 2015 -17
Financial Plan (Attachment A). The act of appropriating funds from the AHF has no impact on
the General Fund.
ALTERNATIVE
1. Do not appropriate the AHF funds. This action is not recommended as the funds have
already been approved through the 2015-17 Financial Plan.
Attachments:
a - Housing Major City Goal Budget Excerpt
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Packet Pg. 71
MAJOR CITY GOALS
HOUSING
RESPONSIBLE DEPARTMENT
The Community Development Department will take the lead on this Major City Goal with assistance from
Administration, City Attorney, Finance, Fire, Police, Public Works, Utilities and Parks and Recreation. The City’s
Administration, Public Works, Finance and Utilities Departments will assist with the infrastructure component of
the goal. The City Attorney’s office will assist with new ordinance language for consistency with State law and
review affordable housing loans, contracts and agreements. The Housing Programs Manager (HPM) is tasked
with Housing Element implementation and facilitating provision of affordable housing. The HPM represents the
City on the San Luis Obispo County Housing Trust Fund Commission, Workforce Housing Coalition and Friends
of Prado Day Center Board, while a City Council member serves on the Homeless Services Oversight Council
(HSOC) to implement the 10-Year Plan.
FINANCIAL AND STAFF RESOURCES REQUIRED TO ACHIEVE THE GOAL
Accomplishing this goal will require leadership commitment and ensuring appropriate staff and financial
resources are available to work on and fund these efforts. The City’s Housing Programs are fully subscribed and
there is no more capacity to take on efforts outlined in the work plan without adding 1.2 Full Time Equivalent
(FTE) staff in additional resources (see Staff Resource analysis in Appendix A). These additional resources
include one full time temporary planning technician, 10% of the Project Manager’s time for homeless services
and 10% of the Business Manager’s time for Housing Programs administration. These staff resources are pending
2015-17 Financial Plan Development Services staffing and Contract Services SOPC approval.
Cost Summary
2015-16 2016-17 2015-16 2016-17
Grants-In-Aid (Housing Bdgt)1,600 3,000
AH Agreement Consultant Support 10,000
SLO County HTF 30,000 30,000
Maxine Lewis Memorial Shelter (Housing Bdgt)1,000 1,000
Development Srvcs Staffing & CDD Reorg (ptn SOPC)*102,551 103,899
LUCE Implementation and Fee Update (portion of SOPC)* 210,000
Zoning Regulations Update (LUCE SOPC phase 2)*150,000
Infrastructure Investment CIP 250,000
Total $355,151 $287,899 $250,000 $0
*A portion of the SOPC supports this work program
Operating Programs Capital Improvement Plan
Funding Sources
2015-16 2016-17 2015-16 2016-17
General Fund 280,151 257,899
Affordable Housing Fund 75,000 30,000
Infrastructure Investment Fund 250,000
Total $355,151 $287,899 $250,000 $0
Operating Programs Capital Improvement Plan
GENERAL FUND REVENUE POTENTIAL
This is not a revenue-generating work plan. However, a portion of the Housing Programs cost will continue to be
offset by CDBG and the AHF. Staff will continue to seek grant opportunities and partnerships to offset work plan
costs to the General Fund.
C-26
10.a
Packet Pg. 72 Attachment: a - Housing Major City Goal Budget Excerpt (1138 : AHF Appropriation for Housing Trust Fund)
Page intentionally left
blank.
Meeting Date: 10/20/2015
FROM: Derek Johnson, Interim Director of Finance & Information Technology
Prepared By: Steve Schmidt, Information Technology Manager
SUBJECT: AMENDMENT NO. 2 TO THE CITY/DIGITAL WEST FIBER OPTIC
INFRASTRUCTURE AGREEMENT
RECOMMENDATION
Approve of and authorize the Mayor to execute the Second Amendment (Attachment A) to the
City/Digital West Fiber Optic Infrastructure Agreement to allow Digital West to expand its fiber
optic network.
DISCUSSION
Background
In April of 2011, City staff released a Request for Proposals (“RFP”) to lease portions of the City’s
conduit system to private communications companies. Digital West was the only company that
responded to the City’s RFP. On September 20, 2011, the City and Digital West entered into the
City/Digital West Fiber Optic Infrastructure Agreement (the “Agreement”) to facilitate the
installation of conduit and conduit use. Through the Agreement the City agreed to provide a
nonexclusive license to a portion of the City’s conduit system for use by Digital West in exchange
for web hosting and other related technology services. On March 31, 2015 the Council approved
Amendment No. 1 to the Agreement which allowed Digital West to expand its fiber optic network
within City owned conduits by granting Digital West an expanded license to designated portions
of the City’s conduit system.
Proposed Second Amendment
Digital West has completed their conduit work in Phase one of the project which was addressed in
the first Amendment to the agreement and is now ready to begin proofing City conduits and pulling
their fiber cables. Amendment two includes phases two and three of the Digital West project which
includes the entire downtown area of the City.
As proposed, Digital West agrees to pay to the City, $0.45 per linear foot for 22,090 linear feet of
space within existing City conduits as a “Conduit License Fee” for a total fee of $9,940 per year.
This fee is equivalent to the amount shown in Attachment C from AT&T and is the industry
standard pricing for equivalent access. The City conduits already contain cabling for City services
and will not be affected by Digital West placing an additional fiber cable. The 22,090 linear feet of
fiber cable that Digital West will be placing for its needs is proposed to involve the following City
conduits (Attachment B):
11
Packet Pg. 73
1. Mill to Foothill – Entering at the City vault at Mill and Johnson, continuing on Johnson
under Highway 101 to California St, to Foothill Rd and south to Ferrini Rd.
2. Hathway to Oak – Adjacent the 101 South exits at Montalban St and Hathway, extending
along Montalban to Oak St. at Lemon St.
3. Chorro St. – The Chorro St. conduits between Walnut St. and Pacific St.
4. Madonna Rd – From Elks Rd under Highway 101, extending the length of El Mercado to
Madonna Rd, south to Los Osos Valley Road and west to Diablo Dr.
By licensing this additional conduit to Digital West the City’s fiber optic infrastructure will be
significantly expanded.
FISCAL IMPACT
There is no cost to the City as a result of the Second Amendment. There will be a positive fiscal
impact of approximately $9,940 per year associated with the increase in revenue to the City as a
result of this amendment.
ALTERNATIVE
Do not approve the amendment. Council may choose to not approve the amendment to the
existing City/Digital West Agreement. This is not recommended due to the increasing need for
fiber continuity in the City that will be met with these and additional future conduit licensing
agreements.
Attachments:
a - Digital West.First Amendment
b - Map
c - Pricing
d - Original City-Digital West Agreement
e - Conduit Share Proposal phase 2 and 3
f - Second Amendment DW License 9-30-15
g - SLOKEYMP- Progress
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1
FIRST AMENDMENT TO AGREEMENT FOR
INSTALLATION OF CONDUIT AND CONDUIT USE
This First Amendment to Agreement for Installation of Conduit and Conduit Use (“First
Amendment”) is made, entered and effective as of this ____ day of _________________, 2015
(the “Effective Date”) by and between the City of San Luis Obispo, a municipal corporation and
charter city (“City”) and Digital West Networks, Inc., a California corporation (“Digital West”).
RECITALS
WHEREAS, the City owns a conduit system located in certain portions of the City’s right-of-
way;
WHEREAS, in April of 2011, City issued a Request for Proposals (“RFP”) to lease portions of
the City’s conduit system to private communications companies. Digital West was the only
company that responded to the City’s RFP or otherwise showed any interest in leasing the City’s
conduit system;
WHEREAS, on September 20, 2011, City and Digital West entered into that certain Agreement
for Installation of Conduit and Conduit Use (“Agreement”) whereby City agreed to provide a
nonexclusive license to a portion of the City’s conduit system for use by Digital West in
exchange for web hosting services and other related services (the “Prado Conduit Project”). A
copy of the Agreement is attached hereto as Exhibit “A” and incorporated herein by this
reference;
WHEREAS, by this First Amendment, City desires to allow Digital West to expand its fiber
optic network within the City by granting Digital West with a nonexclusive license to additional
portions of the City’s conduit system subject to certain terms and conditions; and
WHEREAS, for purposes of efficiency, the terms and conditions of this new project will be
added to the Agreement pursuant to this First Amendment.
AGREEMENT
NOW THEREFORE, in consideration of their mutual promises, City and Digital West agree as
follows:
1. Recitals. The recitals above are true and correct and are incorporated into the body of this
Agreement by this reference.
2. Capitalized Terms. All capitalized terms not defined herein shall have that same meaning
as set forth in the Agreement.
3. Term. Unless otherwise agreed in writing between City and Digital West, the term of this
First Amendment shall run concurrent with the term of the Agreement as set forth in
Section 19, and may be independently extended for two (2) additional five (5) year terms,
Attachment 1 11.a
Packet Pg. 75 Attachment: a - Digital West.First Amendment (1094 : Amendment No. 2 - Digital West)
2
subject to the notification procedures set forth in Section 19.1 of the Agreement and
mutual agreement of the parties.
4. Scope of Agreement. Section 2 of the Agreement is hereby amended to add the following
subsections regarding the new project:
2.4 Pursuant to this First Amendment, the scope of services is hereby amended to
include the additional scope described below:
2.4.2 City hereby grants to Digital West a nonexclusive license to use additional
portions of the City’s Conduit System to install, operate and maintain
Cable and Innerducts at the locations depicted in Attachment 2 to this First
Amendment attached hereto and incorporated herein by this reference (the
“Conduit License”). City and Digital West each acknowledge and agree
that the Conduit License entails approximately 22090 linear feet of
Conduit. City and Digital West each acknowledge and agree that Sections
2.3.1 – 2.3.6 of the Agreement apply to Digital West’s use of this portion
of the City’s Conduit System as provided in this First Amendment.
5. Fees and Compensation. Section 3 of the Agreement is hereby amended to add the
following subsection.
3.1 In consideration of City granting to Digital West the Conduit License
pursuant to this First Amendment, Digital West shall pay to City during
the Initial Term, or any extension thereof or during any Successive Term,
an annual Conduit license fee (“Conduit License Fee”) in the amount of
forty five cents ($0.45) per linear foot ($9,940 total) of Conduit licensed to
Digital West under this First Amendment. The Conduit License Fee shall
be paid on an annual basis with each payment due and payable on the
beginning of each year, and prorated for partial years. The AT&T pricing
guide was used to depict the industry standard.
3.1.1 The Conduit License Fee provided for in Section 3.1 above shall be
subject to an adjustment every term anniversary following the Effective
Date as follows:
The base for computing the adjustment is the Consumer Price
Index for All Urban Consumers – Los Angeles published by the
United States Department of Labor, Bureau of Labor Statistics (the
“Index”), which is published for the month nearest the
commencement date for each annual term (the “Beginning Index”).
If the Index published nearest the adjustment date (the “Extension
Index”) has increased over the Beginning Index, the basic annual
rent until the next rent adjustment shall be set by multiplying the
Conduit License Fee set forth in Section 3.1 above by a fraction,
the numerator of which is the Extension Index and the denominator
Attachment 1 11.a
Packet Pg. 76 Attachment: a - Digital West.First Amendment (1094 : Amendment No. 2 - Digital West)
3
of which is the Beginning Index. In no case shall the basic annual
rent be less than the basic annual rent set forth in Section 3.1
above. If the Index is discontinued or revised during the Lease
term, such other government index or computation with which it is
replaced shall be used in order to obtain substantially the same
result as would be obtained if the Index had not been discontinued
or revised.
6. Incorporation of Terms and Conditions of Agreement. All provisions in the Agreement
shall apply to this First Amendment. Except as modified herein, all terms and conditions
of the Agreement shall remain in full force and effect. To the extent there is a conflict
between terms and conditions between the Agreement and this First Amendment, the
term or condition of this First Amendment shall control.
IN WITNESS WHEREOF, City and Digital West have caused this First Amendment to be
executed the day and year first written above.
CITY OF SAN LUIS OBISPO
_____________________________
Jan H. Marx, Mayor
Attest:
_____________________________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick, City Attorney
DIGITAL WEST NETWORKS, INC.
By:_____________________________
Tim Williams
Its: CEO
Attachment 1 11.a
Packet Pg. 77 Attachment: a - Digital West.First Amendment (1094 : Amendment No. 2 - Digital West)
4
Exhibit “A”
Location of Network Project
Phase 1 – The sections of City conduit to be used by Digital West in Phase 1 are as follows:
1. Mill to Foothill – Entering at the City vault at Mill and Johnson, continuing on
Johnson under Highway 101 to California St, to Foothill Rd and south to Ferrini
Rd.
2. Hathway to Oak – Adjacent the 101 South exit at Montalban St and Hathway,
extending along Montalban to Oak St. at Lemon St.
3. Chorro St. – The Chorro St. conduit between Walnut St. and Pacific St.
4. Madonna Rd – From Elks Rd under Highway 101, extending the length of El
Mercado to Madonna Rd, south to Los Osos Valley Road and west to Diablo Dr.
Attachment 1 11.a
Packet Pg. 78 Attachment: a - Digital West.First Amendment (1094 : Amendment No. 2 - Digital West)
5
Exhibit “B”
Attachment 1 11.a
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6
Attachment 1 11.a
Packet Pg. 80 Attachment: a - Digital West.First Amendment (1094 : Amendment No. 2 - Digital West)
0 0.5 10.25 Miles
SLO Comm Phase 1
Phase 1
Map created on 2/23/2015
Attachment 2 11.b
Packet Pg. 81 Attachment: b - Map (1094 : Amendment No. 2 - Digital West)
Revised 9/07 (2010 exhibit d - rates.doc)
EXHIBIT D / APPENDIX 1
Pacific Bell
ANNUAL FEES FOR POLE ATTACHMENTS AND CONDUIT OCCUPANCY
Year Pole Attachment Rate
2010 $4.87
Year Conduit Occupancy Rate
2010 (Innerduct) $0.45/ft.
All pole and conduit license fees are for a period of one year from January 1 through
December 31, effective January 1, 2010 and billable semiannually in advance in January
and July of each year.
D-1
Attachment 3 11.c
Packet Pg. 82 Attachment: c - Pricing (1094 : Amendment No. 2 - Digital West)
Attachment 4 11.d
Packet Pg. 83 Attachment: d - Original City-Digital West Agreement (1094 : Amendment No. 2 - Digital West)
Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
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Attachment 4 11.d
Packet Pg. 104 Attachment: d - Original City-Digital West Agreement (1094 : Amendment No. 2 - Digital West)
Digital West Networks. Inc. 3620 Sacramento Dr. #102 888.781.9378 TEL
www.digitalwest.net San Luis Obispo, CA 93401 805.781.9379 FAX
City of San Luis Obispo – Digital West – Network Infrastructure Proposal – Phases 2 & 3
Objectives
Connect City of San Luis Obispo buildings to the Digital West Metro Fiber Network.
Add redundancy to existing City of San Luis Obispo buildings.
Connect gaps in the City of San Luis Obispo’s existing fiber network.
Expand Digital West’s use of existing city communications conduit.
Proposed Construction by Digital West for the City of San Luis Obispo
Place 1200’ of aerial fiber along Walnut St. from Chorro St. to 1042 Walnut St.
Place 1900’ of aerial fiber from Toro St. at the Montereypalm Alley north to Walnut St.
then west to 1106 Walnut St.
Place 4350’ of underground conduit and fiber along the south side of Los Osos Valley Rd.
from Foothill Rd. to just west of Diablo Dr.
Place 4600’ of aerial fiber from the corner of Johnson St. & Bishop St. south to the
corner of Johnson St. & Laurel Ln.
Requested Air Space Share in City Communications Conduit
From the corner of South St. & Beebee St. south along Beebee St. then west on Bridge
then south along Higuera to Elks Ln. at the El Mercado Ln. crossing. Utilize 4790’ of City
conduit.
From the corner of South St. & S. Higuera St. north on Higuera to the corner of Marsh St.
& Broad St. Utilize 2590’ of City conduit.
From Chorro St. at Hwy 101 south along Chorro to Santa Barbara St. then south to the
corner of Santa Barbara St. and Broad St. Utilize 6200’ of City conduit.
From Johnson St. at Hwy 101 south along Johnson St. to the corner of Johnson St. and
Marsh St. Utilize 2825’ of City conduit.
11.e
Packet Pg. 105 Attachment: e - Conduit Share Proposal phase 2 and 3 (1094 : Amendment No. 2 - Digital West)
Digital West Networks. Inc. 3620 Sacramento Dr. #102 888.781.9378 TEL
www.digitalwest.net San Luis Obispo, CA 93401 805.781.9379 FAX
The greater downtown area as shown on the highlighted map. Utilize 7080’ of City
conduit.
Chorro St. from Foothill Rd. to Palm St. Utilize 4800’ of City conduit.
From the corner of Johnson St. & Marsh St. south on Johnson St. to the corner of
Johnson St. & Bishop St. Utilize 2685’ of City conduit.
From the corner of Johnson St. & Laurel Ln. south on Laurel Ln. to Orcutt Rd. then west
to Sacramento Dr. then south to the vault at Sacramento Dr. & Capitolo Rd. Utilize 6770’
of City conduit.
From the corner of Southwood Ln. & Laurel Ln. west to Sinsheimer Park. Utilize 1145’ of
City conduit.
11.e
Packet Pg. 106 Attachment: e - Conduit Share Proposal phase 2 and 3 (1094 : Amendment No. 2 - Digital West)
1
SECOND AMENDMENT TO AGREEMENT FOR
INSTALLATION OF CONDUIT AND CONDUIT USE
This Second Amendment to Agreement for Installation of Conduit and Conduit Use (“Second
Amendment”) is made, entered and effective as of this ____ day of _________________, 2015
(the “Effective Date”) by and between the City of San Luis Obispo, a municipal corporation and
charter city (“City”) and Digital West Networks, Inc., a California corporation (“Digital West”).
RECITALS
WHEREAS, the City owns a conduit system located in certain portions of the City’s right-of-
way;
WHEREAS, in April of 2011, City issued a Request for Proposals (“RFP”) to lease portions of
the City’s conduit system to private communications companies. Digital West was the only
company that responded to the City’s RFP or otherwise showed any interest in leasing the City’s
conduit system;
WHEREAS, on September 20, 2011, City and Digital West entered into that certain Agreement
for Installation of Conduit and Conduit Use (“Agreement”) whereby City agreed to provide a
nonexclusive license to a portion of the City’s conduit system for use by Digital West in
exchange for web hosting services and other related services (the “Prado Conduit Project”). A
copy of the Agreement is attached hereto as Exhibit “A” and incorporated herein by this
reference;
WHEREAS, on March 31, 2015, City and Digital West entered into that certain First
Amendment to Agreement for Installation of Conduit and Conduit Use (the “First Amendment”)
whereby City granted a nonexclusive license to Digital West to utilize a portion of the City’s
conduit system subject to certain terms and conditions. The term Agreement as utilized herein
shall refer to the Agreement for Installation of Conduit and Conduit Use and the First
Amendment Agreement for Installation of Conduit and Conduit Use;
WHEREAS, by this Second Amendment, City desires to allow Digital West to further expand its
fiber optic network within the City by granting Digital West a nonexclusive license to additional
portions of the City’s conduit system subject to certain terms and conditions; and
WHEREAS, for purposes of efficiency, the terms and conditions of this new project will be
added to the Agreement pursuant to this Second Amendment.
AGREEMENT
NOW THEREFORE, in consideration of their mutual promises, City and Digital West agree as
follows:
1. Recitals. The recitals above are true and correct and are incorporated into the body of this
Second Amendment by this reference.
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2
2. Capitalized Terms. Except as set forth herein, all capitalized terms not defined herein
shall have that same meaning as set forth in the Agreement.
3. Term. Unless otherwise agreed in writing between City and Digital West, the term of this
Second Amendment shall run concurrent with the term of the Agreement as set forth in
Section 19, and may be independently extended for two (2) additional five (5) year terms,
subject to the notification procedures set forth in Section 19.1 of the Agreement and
mutual agreement of the parties.
4. Scope of Agreement. Section 2 of the Agreement is hereby amended to add the following
subsections regarding the new project:
2.5 Pursuant to this Second Amendment, the scope of services is hereby amended to
include the additional scope described below:
2.5.1 City hereby grants to Digital West a nonexclusive license to use additional
portions of the City’s Conduit System to install, operate and maintain
Cable and Innerducts at the locations depicted in Attachment 2 to this
Second Amendment attached hereto and incorporated herein by this
reference (the “Conduit License”). City and Digital West each
acknowledge and agree that the Conduit License entails approximately
71,224 linear feet of Conduit. City and Digital West each acknowledge
and agree that Sections 2.3.1 – 2.3.6 of the Agreement apply to Digital
West’s use of this portion of the City’s Conduit System as provided in this
Second Amendment.
5. Fees and Compensation. Section 3 of the Agreement is hereby amended to add the
following subsection.
3.2 In consideration of City granting to Digital West the Conduit License
pursuant to this Second Amendment, Digital West shall pay to City during
the Initial Term, or any extension thereof or during any Successive Term,
an annual Conduit license fee (“Conduit License Fee”) in the amount of
forty five cents ($0.45) per linear foot ($32,050.80 total) of Conduit
licensed to Digital West under this Second Amendment. Digital West
acknowledges and agrees that this Conduit License Fee shall be in
addition to and on top of the Conduit License Fee due under the First
Amendment. For the sake of clarity, Digital West acknowledges that the
total Conduit License Fee under the First Amendment and this Second
Amendment is $41,990.80 per year, subject to any CPI increases. The
Conduit License Fee shall be paid on an annual basis with each payment
due and payable on the beginning of each year, and prorated for partial
years. The AT&T pricing guide was used to depict the industry standard.
11.f
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3.2.1 The Conduit License Fee provided for in Section 3.1 above shall be
subject to an adjustment every term anniversary following the Effective
Date as follows:
The base for computing the adjustment is the Consumer Price
Index for All Urban Consumers – Los Angeles published by the
United States Department of Labor, Bureau of Labor Statistics (the
“Index”), which is published for the month nearest the
commencement date for each annual term (the “Beginning Index”).
If the Index published nearest the adjustment date (the “Extension
Index”) has increased over the Beginning Index, the basic annual
rent until the next rent adjustment shall be set by multiplying the
Conduit License Fee set forth in Section 3.1 above by a fraction,
the numerator of which is the Extension Index and the denominator
of which is the Beginning Index. In no case shall the basic annual
Conduit License Fee be less than the amount set forth in Section
3.1 above. If the Index is discontinued or revised during the term,
such other government index or computation with which it is
replaced shall be used in order to obtain substantially the same
result as would be obtained if the Index had not been discontinued
or revised.
6. Incorporation of Terms and Conditions of Agreement. All provisions in the Agreement
shall apply to this Second Amendment. Except as modified herein, all terms and
conditions of the Agreement shall remain in full force and effect. To the extent there is a
conflict between terms and conditions between the Agreement and this Second
Amendment, the term or condition of this Second Amendment shall control.
IN WITNESS WHEREOF, City and Digital West have caused this Second Amendment to be
executed the day and year first written above.
CITY OF SAN LUIS OBISPO
_____________________________
Jan H. Marx, Mayor
Attest:
_____________________________
Jon Ansolabehere, Interim City Clerk
APPROVED AS TO FORM:
DIGITAL WEST NETWORKS, INC.
By:_____________________________
Tim Williams
Its: CEO
11.f
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_____________________________
J. Christine Dietrick, City Attorney
11.f
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blank.
Meeting Date: 10/20/2015
FROM: Garret Olson, Fire Chief
Prepared By: Julie Cox, Administrative Analyst
SUBJECT: FIRE STATION ALERTING SYSTEM SERVICE AGREEMENT
RECOMMENDATION
1. Approve five year agreement with US Digital Designs, Inc. for $146,595.00
2. Authorize Fire Chief to execute a service agreement (Attachment A).
DISCUSSION
The City of San Luis Obispo Fire Department station alerting system was replaced with a new
system in 2010. The current three year service agreement will expire October 31, 2015. This
station alerting system is utilized 24/7/365 and is the main system that alerts and provides Fire
personnel with the critical information to get them out of the station and in route to provide
critical services. The system which is comprised of speakers, digital displays and lights is
“always on” so in case of a fire or a medical emergency, the fire station will be sent emergency
audible tones and fire personnel will be alerted. This ‘always on’ state shortens the working life
of the equipment, and staff is seeing failures occur more frequently. Public safety equipment
must remain highly reliable, so the Fire Department and Information Technology staff is
recommending a five-year service agreement that covers software versions and hardware
replacements required to maintain the integrity of the system.
The City’s purchasing guidelines state that typical bidding procedures may be dispensed with
“when the item(s) to be purchased can be obtained from only one vendor or supplier” (MC
3.24.060). The Fire Department station alerting system relies on highly specialized software and
there are no other vendors besides US Digital Designs, Inc that can provide the equipment and
related service agreement.
CONCURRENCES
Information Technology staff concur with the report.
FISCAL IMPACT
The expense has been included in the Fire Department operating program budget approved in the
2015-17 Financial Plan.
12
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Initial Term (11/1/2015 to 10/31/2016) $28,695
First Additional Term (11/1/2016 to 10/31/2017) $29,007
Second Additional Term (11/1/2017 to 10/31/2018) $29,319
Third Additional Term (11/1/2018 to 10/31/2019) $29,631
Fourth Additional Term (11/1/2019 to 10/31/2020) $29,943
Total $146,595
ALTERNATIVE
The City Council could reduce the years of the annual agreement or deny the request. This is not
recommended since this is the system that notifies our emergency response crews of a call for
service that needs to be in good working order at all times.
Attachments:
a - US Digital Service Agreement (final).docx copy
12
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1
US Digital Designs
!
SERVICE AGREEMENT
This SERVICE AGREEMENT (“Agreement”) is made effective as of the _____ day of
____________, 20___ (the “Effective Date”), in the State of California by and between US
DIGITAL DESIGNS, INC. (“USDD”), with its principal place of business at 1835 East Sixth
Street, Suite 27, Tempe, Arizona 85281, and the following entity (“Customer”):
CITY OF SAN LUIS OBISPO
Fire Department Administration
2160 Santa Barbara Avenue
San Luis Obispo, CA 93401-5240
Attn: Julie Cox, Administrative Analyst
Email: jcox@slocity.org
Telephone: (805) 781-7382
USDD and Customer are collectively referred to herein as the “Parties” and may be individually
referred to as a “Party”.
RECITALS
WHEREAS, Customer requires USDD to provide software maintenance and hardware
repair services for its USDD fire station alerting “System” (as defined below); and
WHERAS, USDD has agreed to service the System pursuant to the terms, conditions, and
limitations of this Agreement.
NOW THEREFORE, in accordance with the foregoing recitals, and in consideration of
the mutual covenants and promises set forth herein, and for other good and valuable
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consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
covenant and agree as follows:
AGREEMENT
1. Incorporation. The above recitals are hereby incorporated by reference.
2. Definitions. For purposes of this Agreement, the following terms shall have the
following meanings:
a. “Additional Services” shall have the meaning set forth in Section 7 below.
b. “Commencement Date” shall be November 1, 2015.
c. “Emergency Support” means telephone access for Customer’s “System
Administrator” (as defined below) to USDD’s senior staff and engineers in the
event of a Mission Critical Failure.
d. “Hardware” means a physically tangible electro-mechanical system or sub-
system and associated documentation provided to Customer by USDD; provided
however, Hardware shall not include any televisions or monitors manufactured by
third parties.
e. “Intellectual Property” means any and all rights of USDD related to USDD’s
products and business existing from time to time under patent law, copyright law,
trade secret law, trademark law, unfair competition law, and any and all other
proprietary rights, and any and all derivative works, work product, applications,
renewals, extensions and restorations thereof, now or hereafter in force and effect
worldwide.
f. “Mission Critical Failure” means a failure in the materials, workmanship or
design of the System that causes any fire station served by the System to be
incapable of receiving dispatches through all communications paths; provided,
however, that any such failure caused by operator error, internet or telephony
service outages, misuse or neglect of the System or any cause outside of USDD’s
direct control does not constitute a Mission Critical Failure.
g. “Services” shall have the meaning set forth in Section 3 below.
h. “Software” means software programs, including embedded software, firmware,
executable code, linkable object code, and source code, including any updates,
modifications, revisions, copies, documentation, and design data that are licensed
to Customer by USDD.
i. “System” means all Hardware and Software purchased by Customer directly
from USDD under any contract, purchase order, or arrangement that is used
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exclusively by Customer as part of its fire station alerting system; provided
however, that the term “System” specifically excludes any components, hardware,
or software provided by third parties, including without limitation Customer’s
computers, laptops, computer peripherals, monitors, televisions, routers, switches,
operating systems, computer programs, applications, internet and network
connections, and any other parts or items not provided to Customer directly by
USDD.
j. “Term” means the period of time during which this Agreement is in effect,
including the Initial Term and all Additional Terms, as defined in Section 9
below.
3. Scope of Services. During the Term of this Agreement, USDD agrees to provide
Hardware repair services and Software updates and maintenance for the System (collectively,
the “Services”). Subject to all other terms and conditions contained in the Agreement, the
Services shall include the following:
a. Technical phone support Monday through Friday from 08:00 to 17:30 MST,
excluding USDD holidays;
b. Remote access support Monday through Friday from 08:00 to 17:30 MST,
excluding USDD holidays;
c. Emergency Support, available 24 hours per day, for the “System Administrator”
(as defined below) in the event of a Mission Critical Failure;
d. Updates for all System Software, as and when released by USDD;
e. Repair of defective or malfunctioning Hardware (not otherwise covered under the
USDD warranty applicable to the Hardware) at USDD’s principal place of
business; and
f. Ground shipping for the return of repaired Hardware.
4. Hardware Repairs. If a Hardware component requires repair, and a valid claim is made
during the Term, at its option, USDD will, at its principal place of business, either (1) repair the
Hardware at no charge, using new parts or parts equivalent to new in performance and reliability,
or (2) exchange the Hardware with a product that is new or equivalent to new in performance
and reliability and is at least functionally equivalent to the original Hardware. When a product
or part is exchanged, any replacement item becomes the Customer’s property and the replaced
item becomes the property of USDD. Parts provided by USDD in fulfillment of the Services
must be used in the System to which this Agreement applies. Customer shall be responsible for
and bear all risks and costs of shipping any Hardware to USDD for repair. USDD shall be
responsible for and bear all risks and costs of returning any Hardware to Customer after repair or
replacement. Replacement Hardware will be returned to Customer configured as it was when the
Hardware was originally purchased, subject to applicable updates.
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5. Claims. Prior to requesting Services, Customer is encouraged to review USDD’s online
help resources. Thereafter, to make a valid claim hereunder, Customer must contact USDD
technical support and describe the problem or defect with reasonable specificity. The first such
contact must occur during the Term. USDD’s technical support contact information can be
found on USDD’s website at http://stationalerting.com/home/about-us-digital-designs/contact-
us-digital-designs/. Customer must use its best efforts to assist in diagnosing defects, follow
USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so
shall relieve USDD of any further obligation hereunder.
6. Limitations. The Services specifically and expressly exclude any repair, software
installation, update, or other service that is necessitated by (i) the Customer’s misuse or neglect
of the System, (ii) damage arising from Customer’s failure to follow instructions relating to the
product’s use, (iii) cosmetic damage, including but not limited to scratches, dents and broken
plastic on ports, (iv) alterations or repairs to the System made by any person other than an
authorized USDD representative, (v) failure of environmental controls or improper
environmental conditions, (vi) modification to alter functionality or capability without the
written permission of USDD, (vii) use with non-USDD products, (viii) any damage caused by
fire, flood, vandalism, terrorism, riot, storm, lightning, or other acts of nature or civil unrest. The
Services shall not include disassembly or re-installation of any Hardware at Customer’s site.
The Services shall not include the repair of any Hardware that is determined to be obsolete or
irreparable in USDD’s sole discretion. The Services shall not include repair or replacement of
televisions or monitors manufactured by third parties. Repair or replacement of such
components shall be subject exclusively to the manufacturer’s warranty, if any. USDD shall not
be liable to provide Services at any time when Customer is in breach of any obligation to USDD
under this Agreement or any other contract.
7. Additional Services. Except for the Services, all other acts or performances requested or
required of USDD by Customer (“Additional Services”) will be charged at USDD’s then current
rates and will be in addition to all other fees and charges payable by Customer under this
Agreement. Additional Services shall include (without limitation) Customer’s use of Emergency
Support in the absence of a Mission Critical Failure and any Services provided by USDD on a
rush basis or during hours not included in the description of the Services set forth above.
Customer shall pay all invoices for Additional Services within 30 days.
8. Customer Facilitation of Services. In order to facilitate USDD’s delivery of the
Services, Customer will appoint a person from its staff to consult with USDD and provide such
information, access, description, and guidance as is necessary for USDD to perform its duties
hereunder (“System Administrator”). The Customer will ensure that the System Administrator is
reasonably available to USDD. USDD may rely on the direction of the System Administrator in
performing its duties hereunder, including without limitation, direction to provide Additional
Services. The Customer may replace the person serving as its System Administrator only upon
prior written notice to USDD. Without limiting the foregoing, Customer will be responsible for
the following:
a. The provision of VPN or other means for remote access to the System for remote
access support;
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b. The procurement and/or provision of all computers, peripherals, and consumables
(collectively, the “Customer Equipment”), including printer paper, toner and ink
necessary for the operation, testing, troubleshooting, and functionality of the
System;
c. Any configuration and regular maintenance that is normally undertaken by the
user or operator as described in the operating manual for the Customer
Equipment, including the replacement of UPS batteries, as necessary;
d. Providing a stable means of data transmission between the System Gateway and
each fire station serviced by the System necessary for the installation, testing and
functionality of the of the System; such means of data transmission may include,
but is not limited to, TCP/IP, data modems, leased lines, radios, etc;
e. The correct use of the System in accordance with USDD’s operating instructions;
and
f. The security and integrity of the System.
9. Service Term, Renewal and Termination. The initial term of this Agreement shall
begin on the Commencement Date and shall continue for one year (“Initial Term”). Unless
previously terminated as set forth in this Section, Customer may renew this agreement for an
additional four one-year terms (each an “Additional Term”) by giving written notice of
Customer’s intent to renew not more than 90 nor less than 10 days prior to the expiration of the
Initial Term or any Additional Term, as the case may be, or by timely payment of the “Annual
Fee” (as defined below). Either Party may terminate this Agreement for any breach hereof upon
30 days written notice. The notice shall specify the nature of the breach. If the breaching Party
fails to cure the breach within 30 days, this Agreement shall be terminated.
10. Annual Fees. On or before the first day of the Initial Term and each Additional Term
(each, a “Due Date”), Customer shall pay USDD an annual fee in advance for the Services to be
delivered hereunder (the “Annual Fee”). The Annual Fee for the Initial Term and each
Additional Term shall be as follows:
Initial Term (11/1/2015 to 10/31/2016) $28,695.00
First Additional Term (11/1/2016 to 10/31/2017) $29,007.00
Second Additional Term (11/1/2017 to 10/31/2018) $29,319.00
Third Additional Term (11/1/2018 to 10/31/2019) $29,631.00
Fourth Additional Term (11/1/2019 to 10/31/2020) $29,943.00
Customer shall pay the Annual Fee on or before the Due Date or 30 days after the date of the
invoice, whichever is later. All invoices remaining unpaid including invoices for Additional
Services shall bear interest at 18% per annum. Annual Fees are nonrefundable. In the event of
termination of this Agreement, the Annual Fee shall be refunded to Customer on a pro-rata. By
way of example and for sake of clarity, if this Agreement is terminated effective June 1 of the
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Initial Term, Customer shall be refunded $9,565 for the four months of pre-paid but unperformed
services.
11. Purchase of Additional Hardware and Software. Customer acknowledges that the
Annual Fee covers only the Hardware and Software currently purchased and owned by
Customer. In the event Customer purchases additional Hardware and Software during any Term
of this Agreement, upon expiration of the warranty on such additional Hardware and Software,
Customer and USDD may enter into separate Service Agreements for such Hardware or
Software, or include the annual fee for servicing such additional Hardware and Software to the
Annual Fee, as the parties may mutually agree.
12. Intellectual Property. Customer hereby agrees and acknowledges that USDD owns all
rights, title, and interest in and to the Intellectual Property. Customer agrees to not remove,
obscure, or alter USDD’s or any third-party’s copyright notice, trademarks, or other proprietary
rights notices affixed to or contained within or accessed in conjunction with or through the
Hardware or Software. Nothing herein shall be deemed to give, transfer, or convey to Customer
any rights in the Intellectual Property except as specifically and expressly set forth in this
Agreement or an express written license previously granted to Customer by USDD. All rights in
and to the Intellectual Property not specifically and expressly conveyed to Customer are reserved
and retained by USDD.
13. License. At all times that Customer is in compliance with the terms of this Agreement
and all other agreements between the Parties, Customer shall have a non-exclusive, non-
transferable, fully paid license to use the Software, but only in conjunction with the Hardware
provided by USDD and only in conjunction with Customer’s fire station alerting system.
14. Assignment. The Parties shall not assign in whole or in part this Agreement without the
prior written consent of the other Party, which consent may not be unreasonably withheld.
Notwithstanding the foregoing, USDD may freely transfer its rights under this Agreement in the
event of a sale of all or substantially all of its assets or stock. Each Party binds itself, its
successors, assigns, executors, administrators or other representatives to the other Party hereto
and to successors, assigns, executors, administrators or other representatives of such other Party
in connection with all terms and conditions of this Agreement.
15. Force Majeure. Except for Customer’s duty to pay sums due hereunder, neither Party
will be liable for any act, omission, or failure to fulfill its obligations under this Agreement if
such act, omission or failure arises from any cause beyond its control including acts of nature,
strikes, lockouts, riots, acts of war, acts of terrorism, epidemics, governmental action after the
date of this Agreement, fire communication line failures, power failures, earthquakes or other
disasters. The Party unable to fulfill its obligations due to Force Majeure will immediately:
a. Notify the other in writing of the reasons for its failure to fulfill its obligations and
the effect of such failure; and
b. Use all responsible endeavors to avoid or remove the cause and perform its
obligations.
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16. Headings and Usage. The headings, captions, and section numbers contained herein are
provided for convenience only and are not part of the terms of this Agreement. When the
context of the words used in this Agreement indicate that such is the intent, words in the singular
shall include the plural, and vice versa, and the references to the masculine, feminine or neuter
shall be construed as the gender of the person, persons, entity or entities actually referred to
require.
17. Waiver. No failure or delay, in any one or more instances, to enforce or require strict
compliance with any term of this Agreement shall be deemed to be a waiver of such term nor
shall such failure or delay be deemed a waiver of any other breach of any other term contained in
this Agreement.
18. Governing Law; Parties in Interest. This Agreement will be governed by and
construed according to the laws of the State of California without regard to conflicts of law
principles and will bind and inure to the benefit of the successors and assigns of the Parties.
19. Execution in Counterparts. This Agreement may be executed in counterparts, all of
which taken together shall be deemed one original. The date of this Agreement shall be the latest
date on which any Party executes this Agreement.
20. Entire Agreement. This Agreement contains the entire understanding between the
Parties, and supersedes any prior understandings and agreements between or among them with
respect to the subject matter hereof. This Agreement may not be amended, altered, or changed
except by the express written agreement of the Parties.
21. Joint Effort. This Contract has been drafted through the joint efforts of the Parties and
shall not be construed against any Party on the basis that such Party is the drafter of this Contract
or any term thereof. The Parties represent and warrant to each other that each Party has had the
opportunity to review this Contract with counsel of its own choosing, that each Party has either
reviewed this Contract with counsel or has elected to forego such review, and that no Party shall
deny the validity of this Contract on the grounds that the Party did not understand the nature and
consequences of this Contract or did not have the advice of counsel.
22. Savings Clause. In the event any part, provision, or term of this Agreement is deemed to
be illegal or unenforceable, this Agreement shall be construed as if such unenforceable part,
provision, or term had not been included herein. Such illegal or unenforceable part, provision, or
term shall be deemed revised to the extent necessary to cure its defect and such revision and the
remainder of the Agreement shall be and remain in full force and effect.
23. Customer Representative. The undersigned representative of Customer hereby
represents and warrants that s/he has the authority to bind Customer and that the execution,
delivery and performance by Customer under this Agreement will not violate the provisions of
any law, rule, regulation or policy, and will not conflict with or result in the breach or
termination or constitute a default under any agreement or instrument to which Customer is a
party.
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24. Additional Acts and Documents. Each Party hereto agrees to do all such things and
take all such actions and to make, execute and deliver such other documents and instruments as
shall be reasonably requested by the other Party to carry out the provisions, intent and purposes
of this Agreement.
25. Customer’s Standard Terms and Conditions. USDD agrees to comply with and be
bound by Customer’s standard terms and conditions attached hereto as Exhibit “A” and
incorporated herein by this reference. In the event there is a conflict between the terms and
condition in Exhibit “A” and the terms and conditions hereinabove, the term or condition in
Exhibit “A” shall control.
26. Insurance Requirements. USDD agrees to comply with Customer’s insurance
requirements attached hereto as Exhibit “A” and incorporated herein by this reference.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
City of San Luis Obispo: US Digital Designs, Inc.:
By: _____________________________ By _________________________________
Name: ___________________________ DOMINIC MAGNONI, Vice President
Its: ______________________________
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City of San Luis Obispo – General Terms and Conditions Exhibit A
1.Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax program
may be obtained by calling (805) 781-7134.
2.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.
3.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.
4.Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
5.Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
6.Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7.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.
8.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.
9.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.
10.Consultant Non-Discrimination. In the 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 because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
11.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.
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12.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).
13.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.
14.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.
15.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 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.
16.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 negligence, recklessness, or willful misconduct of the Consultant.
17.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.
18.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 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 Proposal;
compensation for any other work, services or goods performed or provided by the Consultant shall
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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.
19.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.
20.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.
21.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.
22.Required Deliverable Products. The Consultant will be required to provide:
2 hard copies of the draft or electronic copy (Adobe Acrobat format)
2 hard copies of the final project report, and 1 electronic copy (Acrobat Adobe format) of the final
report.
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.
Computer files must be on 3½", high-density, write-protected diskettes or CD’s formatted for use
on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the
directory. Alternatively, files may be emailed to the City.
23.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 Engineer of the City.
24.Complete Agreement. These Purchase Order Conditions and Consultants proposal 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.
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Exhibit A
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25.Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages
and amounts specified in these conditions as a precondition to contract execution. 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.
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Exhibit A
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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.
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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Exhibit A
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blank.
Meeting Date: 10/20/2015
FROM: Daryl Grigsby, Public Works Director
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: YELLOW CAB TAXI PURCHASE OF 234 TAXI LLC
RECOMMENDATION
Approve transfer of 234 Taxi’s Certificates of Public Convenience and Necessity to Yellow Cab.
DISCUSSION
Background
The City of San Luis Obispo has four taxi cab companies authorized to operate within the City
limits. These include; 234 Taxi LLC, Surf Cab, Tri-Counties Transit (Operating as Yellow Cab
of SLO), and A Ride Awaits. As of August 1st, however, A Ride Awaits voluntarily relinquished
their Certificates of Public Convenience & Necessity (CCN) stating, “the ever increasing
presence of UBER has led to a decline in that market share…” as the reason for their inability to
continue operations within the City. They subsequently have stopped operating in the City.
Recently, a second taxicab company has also come forward stating a similar decline in business.
In an email to staff, 234 Taxi LLC comments, “In the span of the last year I have watched my
call volume drop 50%. The loss of business is due to UBER. It is impossible to compete
against.” As a result, 234 Taxi owners have decided to stop operating taxi cab service in the City.
Instead, 234 Taxi and Tri-Counties Transit have reached a mutual agreed upon deal to buy-out
234 LLC’s operation and take over their authorized permits.
This purchase would leave two taxi operators authorized to operate within City limits; Tri-Cities
Transit and Surf Cab. The purchase of 234 Taxi by Tri-Counties Transit also comes with the
request that 234’s ten authorized CCNs be transferred to them. In turn, Tri-Counties Transit will
continue to operate 234 Taxi branded taxis as a subset taxi operation.
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Table 1- Current City Taxi Operations
Company Authorized Date In Use
234 Taxi LLC 10 7/21/2009 9
A Ride Awaits 5 11/10/2014 1
Surf Cab Co. 5 1/19/2010 5
Tri – Counties
Yellow Cab Co.
20 9/21/2010 17
Total: 40 32
Table 2- New City Taxi Operations
Company Authorized Date In Use
Surf Cab Co. 5 1/19/2010 5
Tri – Counties
Yellow Cab Co.
30 9/21/2010 17(+unknown)
Total: 35 22(+ unknown)
Municipal Code
Pursuant of Section 5.20.060 of the City Municipal Code, the Council may award taxi permits to
qualified applicants “if the council determines that the public convenience and the necessity
requires additional service, it shall determine the number of taxicab permits which shall be
necessary to furnish such services. The Council may award such additional taxicab permits to
existing holders of certificates of public convenience and necessity or to any new applicants who
are qualified for issuance of certificates of public convenience and necessity.”
Based upon the record of Tri Counties Transit and the continued need for taxi services, staff is
recommending that Council approve the transfer of the taxi certificates to Tri Counties Transit.
Uber & Other Peer to Peer Services
The issues regarding appropriate regulation of Uber, and like services, continues to be debated at
national, state and local levels. The “sharing economy” business model of Uber, and others like
it, does not fit definitions for a taxi cab company. The State of California has already legislated
how to regulate these service providers and has legislated that all regulation be solely conducted
by the State Public Utilities Commission.
The California Public Utilities Commission (“CPUC”) has created a category for “New Online
Enabled Transportation Services” which are referred to by the CPUC as “Transportation
Network Companies” (“TNCs”). Companies like Uber, Lyft, SideCar and InstantCab fall within
this category. The CPUC has asserted statewide jurisdiction over TNCs and has claimed that any
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local regulation over such companies is preempted. As such, the City does not have the authority
to further regulate such companies. The CPUC’s 2013 ruling regarding TNCs can be viewed
here:
http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M077/K192/77192335.PDF”
FISCAL IMPACT
The monitoring of taxi cab companies falls under purview of the Transit Division. Staff,
specifically the Transit Coordinator, maintains regular communication and records associated
with monitoring taxi cab companies. These activities have no impact on the General Fund and
are accounted and budgeted for in the Transit Enterprise fund.
ALTERNATIVES
1. Deny transfer of CCN’s, although this is not recommend as it could create a shortage of
taxi cab options for residents.
2. Approve transfer of CCN to Yellow cab in a different quantity, although this would limit
the opportunity to grow taxi cab services to residents.
Attachments:
a - 234 Taxi Correspondence
b - A Ride Awaits Taxi Correspondence
c - TRI Counties Transit Inc. Correspondence
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1
Goodwin, Heather
From:Slocap234@yahoo.com
Sent:Tuesday, September 15, 2015 8:31 AM
To:Anguiano, Gamaliel
Subject:234taxi
Sent from my iPhone
Sent from my iPhone
Thank you for the opportunity to serve the citizens of San Luis Obispo. However It is time for me to step aside from the
taxi industry.
Tri Counties Transit has offered to buy my taxicabs and keep my drivers employed. Please allow this to happen.
I started 234-taxi in 2001. One taxicab, just me. I rolled every dollar of profit for more that a decade into building and
expanding my business to 12 taxis. 25+ drivers, 5 office staff and myself.
In the span of the last year I have watched my call volume drop 50%. The loss of business is due to UBER. It is
impossible to compete against. My costs to operate under regulators is enormous. They operate free of regulation and
cost. No one can or is able to explain to this American (me), why I am regulated and they are not.
I don't blame UBER. Where are the regulators? Why does the IRS call a UBER transaction a sharing and my transaction
business. Why does the CHP consider their transactions personal and my transaction commercial? Where are the city
regulators? Lord knows they were in my business every day while ignoring illegal practices by UBER. I am done being a
part of the most unfair system ever.
It has been a pleasure to serve the citizens of San Luis Obispo. Thank you to the people of San Luis Obispo for your
patronage.
Leland Stanford Simpson IV
Owner 234-TAXI
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Packet Pg. 130 Attachment: a - 234 Taxi Correspondence (1136 : YELLOW CAB TAXI PURCHASE OF 234 TAXI LLC)
1
Goodwin, Heather
From:Dan Indendi <arideawaits@yahoo.com>
Sent:Tuesday, July 14, 2015 7:46 PM
To:Ashbaugh, John; Marx, Jan; Carpenter, Dan; Christianson, Carlyn; Rivoire, Dan; Anguiano,
Gamaliel; Lawson, Dee; Grigsby, Daryl; Bochum, Tim; AgCommSLO@co.slo.ca.us; Lichtig,
Katie
Subject:Voluntary revocation of Taxi Permit
Mayor Marx , City Council Members and all others concerned,
I am requesting the withdrawal of our Certificate of Public Necessity and Convenience (Taxi Permit) effective
August 1, 2015. I would like to thank the city council for an opportunity to operate in the City of San Luis
Obispo. A brief reason for this request is outlined below.
Since our start within the city we were able to gain a good market share. However, in the last few months the
ever increasing presence of UBER has led to a decline in that market share. Not only has UBER taken some of
the already garnered share from us, but they continue to take additional market shares available. I welcome
competition as part of a free market system; however, that competition must be on the same playing field.
With driver permit fees, vehicle inspection fees, business license fees, county weights and measure fees,
commercial insurance with the city named as additional insured (all of which UBER is not held to) as well
increasing the amount of UBER cars in town it is no longer fiscally prudent to continue operations in the City of
San Luis Obispo. I hope that the remaining companies can continue to operate and service the residents and
visitors with permitted and licensed taxi’s well into the future.
Again, I would like to thank the city council as well as the members of the Public Works staff for all of their
work and consideration in allowing us to operate in the City of San Luis Obispo. If in the future the city
regulations are changed so that taxi operators and UBER are allowed to operate on the same plane (ie:
regulation and fees) I would like to be considered to restore operations in the city.
Thank you,
Dan Indendi, Owner
A Ride Awaits
805-975-8294
arideawaits@yahoo.com
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Packet Pg. 131 Attachment: b - A Ride Awaits Taxi Correspondence (1136 : YELLOW CAB TAXI PURCHASE OF 234 TAXI LLC)
Tri Counties Transit, Inc.
202 Tank Farm Rd
San Luis Obispo, Ca 93401
(805)543-1234
September 9th, 2015
City of San Luis Obispo
990 Palm St.
San Luis Obispo, Ca 93401
Mr.Gamaliel Anguiano Transit Manager
Re: 234 TAXI
Dear. Mr.Anguiano:
Per my telephone conversation with Ms.Dee Lawson, we have negotiated a
purchase agreement with Mr. Leland Simpson to buy certain assets of 234 TAXI
as follow:
The trade names 234 TAXI
Telephone numbers
Business licenses/permits
Vehicles
Goodwill/customer base.
I have reviewed the chapter 5.20 taxicab ordinance of the City of San Luis
Obispo and make sure that we comply with all the rules and regulations and
submit to you all the necessary documents to complete the application for a
business license.
We are proposing to operate the taxicab services from the existing facility in San
Luis Obispo.
Please accept this letter as a formal request to transfer the existing taxicab
permits from Mr.Leland Simpson to the: Tri Counties Transit,Inc and schedule
this matter at the earliest city council hearing.
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Thank you for your cooperation and consideration in this regard. Should you
have any further question please feel free to contact me at any time.
Most sincerely,
Masood Babaeian
Masood Babaeian
CEO
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blank.
Meeting Date: 10/20/2015
FROM: Christine Dietrick, City Attorney
Prepared By: Kelly White, Legal Assistant
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 1.20, 1.24 AND
15.02 AND ADDING NEW CHAPTER 2.30 TO THE SAN LUIS OBISPO
MUNICIPAL CODE TO STREAMLINE THE ADMINISTRATIVE
CITATION APPEALS PROCESS AND CREATE THE ADMINISTRATIVE
REVIEW BOARD
RECOMMENDATION
Adopt Ordinance No. 1625 (2015 series) repealing and replacing Chapter 1.24 (Administrative
Code Enforcement Procedures) of Title 1, amending Section 1.20.020 of Title 1, amending
Chapter 15.02 (Building Codes adopted) to add Section 15.02.015 of Title 15 (Chapter 1.24 to
supersede conflicting Administrative Citation and Review Provisions of Building Construction
and Fire Prevention Regulations), and adding Chapter 2.30 (Administrative Review Board) to
Title 2, of the San Luis Obispo Municipal Code (Attachment A).
DISCUSSION
On October 6, 2015, the Council voted 4:0 to introduce Ordinance No. 1625 (2015 Series)
amending Chapters 1.20, 1.24 and 15.02 and adding new Chapter 2.30 to the San Luis Obispo
Municipal Code to streamline the Administrative Citation appeals process and create the
Administrative Review Board.
The Ordinance reflects the amendments suggested through agenda correspondence, and accepted
at the meeting, and is now ready for adoption. The changes will become effective thirty days
after final passage of the Ordinance.
Attachments:
a - Ordinance No. 1625 (2015 Series)
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ORDINANCE NO. 1625 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 1.24
(ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES) OF
TITLE 1, AMENDING SECTION 1.20.020 OF TITLE 1, AMENDING
CHAPTER 15.02 (BUILDING CODES ADOPTED) TO ADD SECTION
15.02.015 OF TITLE 15 (CHAPTER 1.24 TO SUPERSEDE CONFLICTING
ADMINISTRATIVE CITATION AND REVIEW PROVISIONS OF
BUILDING CONSTRUCTION AND FIRE PREVENTION
REGULATIONS), AND ADDING CHAPTER 2.30 (ADMINISTRATIVE
REVIEW BOARD) TO TITLE 2, OF THE SAN LUIS OBISPO
MUNICIPAL CODE
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 1.24 of the San Luis Obispo Municipal Code is hereby repealed
and replaced to read as follows:
Chapter 1.24
ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES
1.24.010 Purpose—Adoption of civil administrative fines and administrative citation
guidelines and appeal procedures.
1.24.020 Applicability.
1.24.030 Definitions.
1.24.040 Maintaining public nuisances prohibited.
1.24.050 Abatement of unlawful conditions—Notice.
1.24.060 Extensions of time.
1.24.070 Amount of civil fines.
1.24.080 Manner of payment—Civil fines.
1.24.090 Director review of notices/Consolidation with other enforcement matters.
1.24.100 Appeal of administrative citations.
1.24.110 Hearing procedures for appeal of administrative citations.
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1.24.120 Decision by hearing officer.
1.24.130 Decision by Administrative Review Board or Construction Board of Appeals.
1.24.140 No appeal to City Council/Right to judicial review.
1.24.150 Collection of unpaid fines.
1.24.010 Purpose-Adoption of civil administrative fines and administrative guidelines and
appeal procedures.
A. Purpose. The purpose of this chapter is to enable the city, acting as a charter city pursuant to
Article XI, Sections 5 and 7 of the State Constitution , to impose and collect civil administrative
fines in conjunction with the enforcement of provisions of this code. Notwithstanding the
provisions herein, the city has and shall continue to employ the philosophy of voluntary
compliance when seeking compliance with this code as may be required by law.
B. Administrative Guidelines Approved by the city council. The city shall prepare, promulgate,
and update as necessary, administrative citation and appeals guidelines which shall, among other
things, establish policies for providing appropriate and adequate warnings with respect to
possible municipal code violations to those persons who may receive an administrative citation,
to provide direction to city staff for the correct process of issuing an administrative citation, and
to establish the proper format of the administrative citation, and for service of that administrative
citation in a manner consistent with the requirements of this Chapter, due process and any other
applicable law (hereinafter referred to as the “administrative citation guidelines”). Such
administrative citation guidelines shall be expressly approved by a resolution of the city council
prior to their adoption. (Ord. 1576 § 1 (part), 2012)
C. Effect on Title 15 Violations. The hearing requirements and procedures set forth in this
chapter, as they relate to the administrative review of administrative citations, shall supersede
any conflicting provisions within the municipal code or any of the codes adopted by San Luis
Obispo Municipal Code section 15.02.010 and amended by San Luis Obispo Municipal Code
section 15.04.010 and following.
1.24.020 Applicability.
A. Enforcement of the Municipal Code. This chapter makes any violation of the provisions of the
San Luis Obispo Municipal Code, including but not limited to all construction, fire safety and
property maintenance codes adopted by reference and as amended pursuant to Title 15, subject to
administrative fines.
B. Administrative Authority. This chapter establishes the procedures for the imposition,
enforcement, collection, and review of civil administrative fines pursuant to State Government
Code Section 53069.4 and pursuant to the city’s plenary police powers as a charter city.
C. Remedies Not Exclusive. The use of the administrative enforcement remedies provided by
this chapter is solely at the city’s discretion. By adopting this chapter, the city does not intend to
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limit its discretion to choose the use of any other remedy, civil or criminal, or other
administrative procedures, for the abatement of such violations that the city may select in a
particular case, including procedures for the imposition of civil or criminal penalties.
D. Strict Liability of the Owner. Because serious code violations may impact public health,
welfare, and safety and the adequacy and safety of housing, this chapter is intended to impose
strict civil liability upon the owners of real property (or the owner of a business where the
violation is caused by or relates to the operation of a business) for all violations of the San Luis
Obispo Municipal Code which may occur in the city of San Luis Obispo regardless of the
existence of specific or general intent or prior knowledge of such violations and, further,
regardless of any intent (or lack thereof) to violate the code. (Ord. 1576 § 1 (part), 2012)
1.24.030 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
A. Administrative Citation. Document issued by the director levying or assessing a civil fine as
set by city council resolution as a penalty for a code violation.
B. Administrative Review Board. Adjudicatory body appointed by the city council responsible
for conducting administrative hearings of appeals of administrative citations issued for municipal
code violations, excluding those issued for violations of Title 15 and for non-Title 15 violations
issued in conjunction with a citation for a Title 15 violation, where the decision may be
challenged by writ to the Superior Court. Members of this board may serve si multaneously on
another advisory body pursuant to San Luis Obispo Council Policies and Procedures section
6.7.2.5.
C. Code Violation. Any violation of the San Luis Obispo Municipal Code or any code adopted
by reference therein.
D. Construction Board of Appeals. Adjudicatory body appointed by city council responsible for
conducting administrative review of appeals of administrative citations issued for all violations
of Title 15, as well as appeals of administrative citations for non-Title 15 code violations issued
in conjunction with the Title 15 violation(s).
E. Director. The City Manager or department head, or his or her designee, responsible for
enforcing the municipal code with respect to his or her department on behalf of the city.
F. Effective Date of Administrative Citation. The date specified in the administrative citation as
the effective date. Generally the effective date will be the date the administrative citation is
issued. However, for code violations of building, plumbing, electrical or other similar structural
or zoning regulations that do not create an immediate danger to health or safety, the effective
date will be as specified in the notice to correct, which date shall not be less than ten days after
the notice to correct or notice of violation is issued.
G. Fine Payment Due Date. The date the administrative citation fine is due. It shall be at least ten
(10) days after the effective date of the administrative citation.
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H. Hearing Officer. The person appointed by the city attorney, or his or her designee, to serve as
the hearing officer for conducting administrative hearings of appeals of administrative citations
issued for municipal code violations, excepting those issued for violations of Title 15 and for
non-title 15 violations issued in conjunction with a citation for a Title 15 violation, where the
decision may be appealed directly to the Superior Court pursuant to Government Code Section
53069.4 for a de novo hearing.
I. Issued. Giving, mailing, personally serving or posting a notice to correct, notice of violation
and/or an administrative citation to a person. The notice or administrative citation shall be
deemed “issued” on the earliest of the date on which the notice and/or administrative citation is
personally served on a person, the date it is mailed to a person by posting in the regular United
States mail, or the date it is physically posted on real property where a property related code
violation is occurring. If the property is physically posted, notice shall also be given by mail as
soon as possible.
J. Notice to Correct. A notice of code violation that pertains to continuing building, plumbing,
electrical, or other similar structural or zoning violations, that do not create an immediate danger
to health or safety. The notice to correct usually serves as a courtesy notice and opportunity to
correct or consult with staff regarding the alleged code violation, and does not serve as a final
order, decision or determination made by the chief building official or fire official. The notice to
correct may be served concurrently with a notice of violation and/or administrative citation;
provided, the administrative citation shall have an effective date at least ten days after the date
the notice to correct is issued.
K. Notice of Violation. A written notice issued to a person(s) advising them that they are in
violation of the San Luis Obispo Municipal Code with respect to certain real property or the
operation of a certain business, or individual behavior, which is served concurrently with an
administrative citation assessing a civil fine as set by city council resolution as a penalty for a
municipal code violation Subsequent notices regarding the same type of violation, within any
twelve-month period, may be cause for imposing additional administrative fines without
warning. The notice of violation must be issued at least ten days prior to the effective date of an
administrative citation if it pertains to building, plumbing, electrical, structural, zoning, storm
water or other violation that does not create an immediate danger to health or safety.
L. Person. Any of the following:
1. An individual who causes a code violation to occur.
2. An individual who maintains or allows a code violation to continue, by his or her action
or failure to act in a lawful manner.
3. An individual whose agent, employee, or independent contractor causes a code violation
by its action or failure to act in a lawful manner.
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4. An individual who is an owner of real property where a property related code violation
occurs.
5. An individual who is an owner of a business or who is the on-site manager of a business
and who normally works at the site when the business is open and is responsible for the
activities at such premises. For purposes of this subsection, “person” includes a natural
person or a legal entity including but not limited to, the owners, majority stockholders,
corporate officers, trustees, and general partners of a legal entity. There shall be a legally
rebuttable presumption that the record owner of a parcel as listed on the county’s latest
equalized property tax assessment rolls is the person responsible for a code violation on
such parcel. In addition, where applicable, a commercial lessee, sublessee, or operator of
a business on a parcel shall be presumed responsible for code violations relating to the
operation of the business (for example, sign ordinance violations) on that parcel. (Ord.
1576 § 1 (part), 2012)
6. An individual who is an owner of real property where a violation of the city’s noise or
unruly gathering ordinance(s) occurs after notification of a previous violation, in
accordance with Chapters 9.12 and 9.13 of the municipal code.
1.24.040 Maintaining public nuisances prohibited.
Pursuant to the authority of California Government Code Section 38771 and municipal code
Sections 1.12.070 and 1.12.080, any continuing violation of the San Luis Obispo Municipal
Code constitutes a public nuisance. Therefore, any person owning or having possession of any
real property in the city of San Luis Obispo who is in violation of any provision of the San Luis
Obispo Municipal Code may be determined to be maintaining a public nuisance; provided,
however, that it shall not be the intent of the city that this chapter preempt any private nuisance
right of action or any and all other legal remedies available to private parties to abate such
nuisances. (Ord. 1576 § 1 (part), 2012)
1.24.050 Abatement of unlawful conditions—Notice.
A. Inspections. Whenever city staff has inspected a property and finds that conditions
constituting a violation of the municipal code exist thereon, the director may use the procedures
set forth in this chapter to abate such nuisance as authorized by law.
B. Notice of Violation and Administrative Citation Issuance. The director may issue a notice of
violation, notice to correct and/or administrative citation for a violation to any person or persons
if the director has determined, through investigation, a violation exists. A person to whom an
administrative citation is issued shall be liable for and shall pay to the city the administrative fine
or fines described in the citation when due pursuant to the provisions of this chapter.
C. Development Review Conditions. Every person who applies for and receives a permit,
license, or any type of land use approval (such as, but not limited to, a development review
approval, a subdivision map approval, a conditional or special use permit, a zoning requirement
modification, a variance, or other discretionary approval) shall comply with all mandatory
approval conditions imposed upon the issuance of the permit, license, or other such approval. If a
person violates any condition of such permit, license, or similar land use approval, that person
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may be issued a notice of violation, notice to correct, and/or administrative citation and may be
held responsible for administrative fines under the provisions of this chapter.
D. Continuing Violations. Except as provided elsewhere in the municipal code, each day a
violation of this code exists shall be a separate and distinct violation and may be subject to a
separate administrative fine. Certain provisions of this code, including but not limited to those
relating to noise and unruly gatherings, provide that each hour that a violation exists shall be a
separate and distinct violation. An administrative citation may charge a violation for one or more
days or hours, as applicable, on which a violation exists and for violation of one or more
applicable code sections.
E. Prior and Repeat Violations. The city may take into consideration the fact that a person has
been previously issued an uncorrected notice of violation and/or a sustained administrative
citation when the city is determining whether to accept an application or to grant any permit,
license or any similar type of land use approval for that person and such notice of violation
and/or administrative citation may be used as evidence that the person has committed acts t hat
are not compatible with the health, safety, and general welfare of other persons and businesses
within the city. Repeated violations of the same code provision within any twelve month period
may result in the issuance of an administrative citation(s) imposing additional administrative
fines without a notice of violation and/or notice to correct preceding the citation.
F. Contents of Notice of Violation, Notice to Correct and/or Administrative Citation. The
director shall generally issue a notice of violation, notice to correct and/or administrative citation
to person(s) responsible for a code violation as set for in section 1.24.030(L).The administrative
citation guidelines as approved by the city council pursuant to Section 1.24.010 hereof shall,
among other things, identify those items of information which must be contained in the notice of
violation and/or administrative citation issued to persons and alleging a violation of the
municipal code, but must, at a minimum, inform the responsible person of the nature of the
violation charged, any right to correct the violation, and/or the right to appeal any citation, as
well as the process by which to verify to the city the correction of violation(s) and/or the process
to appeal citations.
G. Service. The notice of violation, notice to correct and/or administrative citation and any
amended notice of violation and/or administrative citation shall be served by mail or personal
service or posted on the property where the code violation is occurring in the manner provided
for in the approved administrative citation guidelines.
H. Proof of Service. Proof of personal service of the notice of violation and/or administrative
citation shall be documented as provided for in the approved administrative citation guidelines.
(Ord. 1576 § 1 (part), 2012)
1.24.060 Extensions of time.
The director may grant an extension of any fine due date and abatement deadline if the director
determines that such an extension of time will not create or perpetuate an imminent danger to the
public health and safety. The director shall have the authority to place reasonable conditions on
such an extension. (Ord. 1576 § 1 (part), 2012)
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1.24.070 Amount of civil fines.
A. Fine Schedule. The amount of fines for violating particular provision s of the code shall be set
in a schedule of fines adopted by resolution by the city council. The schedule may include
escalating fine amounts for repeat code violations occurring within specified periods of time.
B. Due Date for Fines. Fines are due as specified in the administrative citation or, in the event of
an unsuccessful appeal, as determined by the hearing officer, Administrative Review Board, or
Construction Board of Appeals. (Ord. 1576 § 1 (part), 2012)
1.24.080 Manner of payment—Civil fines.
A. Paid by Mail. Fines shall be paid to the city on or before the due date. Payment shall be made
by check or money order. The director, for purposes of convenience and ease of processing, may
authorize payment to be made in accordance with any other method, including designating a
location within the city for such payments.
B. Further Violations. Payment of an administrative fine shall not excuse the person from
correcting the code violation. The issuance of an administrative citation or the payment of a fine
does not preclude the city from taking any other enforcement or legal action regarding a code
violation that is not corrected, including issuing additional administrative citations or the
initiation of criminal or civil abatement proceedings. (Ord. 1576 § 1 (part), 2012)
1.24.090 Director review of notices/Consolidation with other enforcement matter.
A. Within five days of issuance of a notice to correct/notice of violation for a continuing
building, plumbing, electrical or other structural or zoning violation that does not create an
immediate danger to health or safety, a person receiving such notice(s) and citation may request
in writing that the director review a contested notice to correct and/or notice of violation. The
director, or his or her designee, shall review all contested notices prior to the effective date of an
administrative citation. The director shall have the authority to modify or rescind any contested
notice that he or she finds was issued in error based on the code section noti ced or other
information provided by the noticed person. If the director does not modify or rescind any
contested notice or fails to take any action by the effective date of the administrative citation, the
notice and citation, and deadlines stated in each, remain in full force. There is no separate right to
appeal from the director’s review or determination on a notice of correction or violation, but any
assertions of error or challenges to the Director’s review or determination may be raised as part
of any appeal from an administrative citation pursuant to section 1.24.100.
B. If an administrative citation is issued in conjunction with a related city enforcement action and
the other action requires review by another advisory body (i.e., the planning commission) or city
council, the city manager, or city manager’s designee, in his or her sole discretion, may
consolidate review of the administrative citation with the review of the other related action(s),
and refer review of all related matters to the body with jurisdiction over the violation requiring
the highest level of review.
1.24.100 Appeal of administrative citations.
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A. Appeal. Any person aggrieved by the action of the director in issuing an administrative
citation pursuant to the provisions of this chapter may appeal such citation. To appeal an
administrative citation, the appellant shall file a signed written appeal that must be received by
the city clerk within ten (10) days of the effective date of the administrative citation. The request
for appeal shall be deemed filed on the date received by the city clerk. If no appeal is filed within
ten days of the effective date of the administrative citation, the administrative citation shall be
deemed final.
B. Appeal Process
1. Title 15 violations (building, plumbing, housing, fire code, etc.). For administrative
citations for violations of Title 15 and all non-Title 15 violations issued in conjunction
with violations of Title 15, the appeal shall be to the Construction Board of Appeals, with
a right to appeal either directly to the Superior Court pursuant to Government Code
Section 53069.4 or to petition for a writ to the Superior Court.
2. Election of appeal process for non-Title 15 violations. For all other administrative
citations not eligible for appeal to the Construction Board of Appeals, an appellant may
elect either of the following:
(a) Where an appellant does not wish to challenge the administrative citation
or any final city action related to the citation in court by any writ action, an appellant may elect
an expedited appeal process to a city hearing officer, whose final decision may be appealed
directly to the Superior Court for de novo review pursuant to Government Code Section 53069.4.
(b) Where an appellant wishes to challenge the administrative citation or any
final city action related to the citation in court by any writ action, such appeal shall be made to
the Administrative Review Board to ensure preparation of an adequate administrative record.
The decision of the hearing body may be appealed either directly to Superior Court for de novo
review pursuant to Government Code Section 53069.4 or the appellant may file a petition for a
writ to the Superior Court. For purposes of writ review, the decision of the Administrative
Review Board shall be final and the completed appeal to the Administrative Review Board shall
satisfy administrative exhaustion requirements of the City.
(c) Only one appeal process may be chosen, and once chosen, the election is
final.
C. Contents of Appeal. The written appeal shall state the following information:
1. A caption setting forth the names, addresses, phone numbers and other contact
information appellants wish city to have, of all appellants participating in the appeal.
2. A brief statement setting forth the interest of each of the appellants, either as the recipient
of the notice of violation and administrative citation, or the legal interest of each in the
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building or property that is the subject of the notice of violation and administrative
citation.
3. A brief statement describing: (a) the specific notice(s) of violation and administrative
citation(s) appealed, by date of notice of violation and administrative citation, address of
property cited or location where an individual was cited, and municipal code violations
cited, (b)whether all or only specified code violations are being appealed, (c)why the
appellant is appealing the notice of violation and administrative citation, and why the
notice of violation and administrative citation should be revoked, modified or otherwise
set aside.
4. For non-Title 15 code violations, pursuant to Section 1.24.100 B, a statement whether the
appellant elects either to proceed with a hearing officer (if no writ will be sought) or to
the Administrative Review Board (if the appellant intends to challenge city action by writ
For Title 15 violations, and non-Title 15 violations issued in conjunction with a Title 15
violation, the appeal shall be scheduled by staff to be heard by the Construction Board of
Appeals.
Failure to request hearing before the Construction Board of Appeals or Administrative
Review Board within the time for the filing of an appeal will constitute a failure to
exhaust administrative remedies for purposes of any subsequently filed writ action.
5. A statement that all of the matters alleged in the appeal are true, followed by the
signature(s) of each appellant(s), and one official mailing address for the appellant(s) to
receive further notices from city relating to the appeal.
1.24.110 Hearing procedures for appeals of administrative citations
A. Applicable Hearing Officer or Board.
In accordance with the procedures set forth below, after receipt of a timely filed appeal,
the following shall hear the appeal:
1. For appeals of administrative citations issued for violations of Title 15, and non-Title
15 violations issued in conjunction with a Title 15 violation, the Construction Board
of Appeals shall hear the appeal.
2. For appeals of administrative citations outside the jurisdiction of the Construction
Board of Appeals in subsection 1.24.110 A.1 above, where the person elects to have
the right of appeal for a de novo hearing in the Superior Court under Government
Code Section 53069.4, the hearing officer shall hear the appeal. The hearing officer
shall be the person designated by the city attorney to serve as the hearing officer.
3. For appeals of administrative citations outside the jurisdiction of the Construction
Board of Appeals in subsection 1.24.110 A.1 above, where the appellant may wish to
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challenge city action by writ, and timely elects to appeal to the Administrative
Review Board, the Administrative Review Board shall hear the appeal.
4. For appeals of administrative citations outside the jurisdiction of the Construction
Board Appeals in subsection 1.24.100 A.1 above, if the person fails to elect an appeal
process for non-Title 15 violations, the hearing officer shall hear the appeal.
B. Time and Place of Hearings/Challenge of Hearing Officer and Board Member for Cause.
Hearings shall be conducted by a hearing officer, the Administrative Review Board or
Construction Board of Appeals, as applicable, on the date, time and place specified in writing by
the city and delivered to the appellant in a hearing notice. Such date shall not be less than ten
(10) days or more than sixty (60) days from the date the appeal was filed with the city clerk.
In the hearing notice, the city shall identify the hearing officer or members of the Administrative
Review Board or Construction Board of Appeals hearing the appeal. An appellant may challenge
a hearing officer or member(s) of the Administrative Review Board or Construction Board of
Appeals from hearing their appeal, but only for good cause, and the reasons shall be specified in
writing received by the director within ten days after the date of mailing of the notice. The fact
that a hearing officer or member of the Administrative Review Board or Construction Board of
Appeals has conducted a previous appeal hearing involving the person shall not constitute good
cause. The director shall notify the challenged hearing officer or member(s) of the applicable
board and give the challenged officer the opportunity to disqualify himself or herself. If he or she
chooses not to disqualify, he or she shall do so in writing documenting the reasons why
disqualification is not required. The appellant shall be notified of the challenged officer’s
decision, and the hearing shall proceed as scheduled. The person’s challenge and the decision not
to disqualify shall become part of the administrative record. If the hearing officer disqualifies
himself or herself, the city attorney shall appoint another hearing officer. If a member or
members of a board disqualifies(y) himself or herself, the hearing shall proceed with the
remaining member(s) and a hearing officer(s) appointed by the city attorney to replace each
disqualified member.
C. Appeal of Records. The director shall ensure that the administrative citation and any
supporting documentation is delivered to the applicable hearing officer or board in sufficient
time prior to the appeal hearing. The director shall ensure that the administrative citation and any
supporting documentation is delivered to the applicable hearing officer or board in sufficient
time prior to the appeal hearing.
D. Presentation of Evidence. The appellant shall be given the opportunity to testify and to
present evidence relevant to the code violation specified in the administrative citation.
E. Use of Reports as Evidence. The administrative citation and any docum ents, exhibits, reports
or other materials prepared by city staff or by the director concerning a code violation or an
attempted correction of a code violation that are provided to the applicable hearing officer or
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board shall be accepted by the hearing officer or board as prima facie evidence of the code
violation and of the facts stated in such documents.
F. Witnesses/Additional Evidence/Submission of Written Evidence by Appellant who does not
Appear. Neither city staff nor any other representative of the city shall be required to attend the
appeal hearing, nor shall the hearing officer nor applicable board require that there be submitted
any evidence, other than the administrative citation and documentation relating to the citation
that city relied on in issuing the citation, that may exist among the public records of the city with
respect to the violation. However, any such appearance or submission may be made at the
discretion of the director.
If the appellant has communicated that he or she does not intend to appear at the scheduled
hearing, but submits written evidence to the hearing officer or board and the director at least ten
(10) days prior to the hearing, the hearing officer or board may consider that evidence. Any
additional evidence prepared by city staff may also be considered by the hearing officer or board,
provided that it has been issued to the appellant, by certified mail, at least five (5) days prior to
the hearing.
G. Continuances. The applicable hearing officer or board may continue an appeal hearing if a
request is made showing good cause by the appellant or the director. Except in case of medical or
other emergency, all continuance requests shall be made by a written request received by the
applicable hearing officer or board from the director or the appellant within five days of the date
of the written notice advising of the time, date and place of hearing. If the continuance is granted,
a new hearing date shall be set within thirty days. If the continuance is denied, the hearing shall
proceed then and there as scheduled, and if the appellant is not present, and the appellant has not
presented any written evidence pursuant to Section 1.24.110 F above, the request(s) shall be
deemed abandoned in accordance with subsection J of this section.
H. Rules of Evidence. The appeal hearing shall be conducted informally and the legal or formal
rules of evidence need not be followed.
I. No Subpoena Power. The hearing officer, the Administrative Review Board and/or the
Construction Board of Appeals do not have the authority to issue a subpoena.
J. Failure to Appear. The failure of the appellant to appear at the hearing, unless the hearing was
continued per subsection G of this section, or unless the appellant has submitted written evidence
per subsection F, shall constitute an abandonment of the appeal, and shall constitute a failure to
exhaust administrative remedies concerning the violations set forth in the administrative citation.
(Ord. 1576 § 1 (part), 2012)
K. Recordation of Board Hearings. The audio portion of every hearing before the Construction
Board of Appeals or the Administrative Review Board shall be recorded. Any party to the
hearing may, at their own expense, also record such hearings by court or other reporter or video
recording, or other means, provided the recording method does not interfere with the conduct of
the hearing. Any party recording the hearing by any means shall make a copy available to any
other party upon request and payment of reasonable duplication cost.
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L. Additional Hearing Procedural Requirements. Any additional procedural requirements for
hearings may be specified in the administrative citation and appeals guidelines.
1.24.120 Decision by Hearing Officer.
A. Decision by hearing officer. After considering all the evidence and testimony submitted at an
appeal hearing, the hearing officer shall issue a written decision within ten business days to
either uphold or revoke the administrative citation based upon a conclusion of whether the
violation occurred. If an administrative citation charges two or more code violations, the hearing
officer may uphold all violations, or uphold some violations but not all violations, or dismiss
some or all violations. The hearing officer does not have the authority to reduce or modify a fine
for a violation that is upheld on appeal. If a violation is not upheld, the administrative citation
shall be revoked. The notice of decision shall be mailed by first class and certified mail, postage
prepaid, return receipt requested, to the appellant or their designated representative. The failure
by the appellant to appear at the appeal hearing shall be noted on the notice of decision by the
hearing officer. The decision of the hearing officer shall be final.
B. Payment of Fine after Appeal Decision. The filing of an appeal from a decision by the hearing
officer shall suspend any fine assessed in the administrative citation. In the event that the
administrative citation is revoked, no payment of the fine is due. In the event that the
administrative citation is upheld, a new compliance deadline and fine due date shall be
established by the hearing officer and indicated on the decision for the appeal, which shall not be
less than ten (10) days nor more than thirty (30) days after the date the decision is mailed .
C. Effect of Revocation of Citation. Revocation of the administrative citation by the hearing
officer shall void the administrative citation fine. (Ord. 1576 § 1 (part), 2012)
1.24.130 Decision by Administrative Review Board or Construction Board of Appeals.
A. Decision by Board. After considering all the evidence and testimony submitted at an appeal
hearing, the Administrative Review Board or Construction Board of Appeals, as applicable, shall
issue a decision, as further described in the administrative citation and appeals guidelines, within
thirty (30) calendar days to either uphold or revoke the administrative citation based upon a
conclusion of whether the violation occurred. A decision must be supported by a majority of the
applicable board. A member shall not vote if he or she did not hear all the evidence or listen to
or read the entire hearing record. If an administrative citation charges two or more code
violations, the applicable board may uphold all violations, or uphold some violations but not all
violations, or dismiss some or all violations. The written decision shall also summarize the
evidence, and shall be supported by written findings of fact. The Administrative Review Board
and the Construction Board of Appeals do not have the authority to reduce or modify a fine of a
violation that is upheld on appeal. If a violation is not upheld, the administrative citation shall be
revoked. The notice of decision shall be mailed by first class and certified mail, postage prepai d,
return receipt requested, to the appellant or their designated representative. The failure by the
appellant to appear at the appeal hearing shall be noted on the notice of decision. The decision of
the Administrative Review Board or Construction Board of Appeals shall be final.
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The written decision may be, but is not required to be, adopted by resolution and shall contain, at
a minimum, the following:
1. Name of Appellant;
2. Date of administrative citation, municipal code violations charged, location of subject
property (if applicable);
3. Date, time, and place of appeal hearing, and the identity of board members;
4. The names of all people participating in the hearing and their capacity, either as
appellant, representative of appellant, witness for or against app ellant, city staff or
otherwise;
5. A statement that the hearing was recorded, the method of recordation, and that recording
is in the custody of the city clerk;
6. A statement whether the appellant or designated representative was present or failed to
appear;
7. If no one appeared on behalf of appellant, a statement whether appellant submitted any
written or other evidence;
8. A statement that the board received the administrative citation and supporting
information as prima facie evidence;
9. A brief summary of all credible relevant testimony and the identity of the witness giving
it.
10. A list of all physical evidence, including, but not limited to photographs, maps, drawings,
and documents;
11. A statement whether the board upholds, revokes or modifies the administrative
citation(s), as to each municipal code violation charged;
12. A statement as to which oral or physical evidence the board found credible in support of
the decision;
13. If the decision upholds the administrative citation, in whole or in part, the decision shall
specify the due date for payment of the fine, which shall not be less than ten (10) days
nor more than thirty (30) days after the date the decision is mailed.
14. The names and votes of members of the board, showing that a majority of the members
of the board supported the decision.
15. The signature of the chairman of the board or his or her designee, and the date of
signature.
B. Payment of Fine after Appeal Decision. The filing of an appeal from a decision by the
Administrative Review Board or the Construction Board of Appeals, or a petition for writ, shall
suspend any fine assessed in the administrative citation. In the event that the administrative
citation is revoked, no payment of the fine is due. In the event that the administrative citation is
upheld, a new compliance deadline and fine due date shall be established by the applicable board
and indicated on the notice of decision for the appeal.
C. Effect of Revocation of Citation. Revocation of the administrative citation by the
Administrative Review Board or Construction Board of Appeals shall void the administrative
citation fine.
1.24.140 No Appeal to City Council/Right to judicial review.
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A. Notice of Decision is final. The notice of the decision by either the hearing officer or
Administrative Review Board or Construction Board of Appeals is final, and is not subject to
appeal to the city council pursuant to Chapter 1.20 of this code.
B. Judicial Review After Any Hearing / Applicability of Government Code Section 53069.4.
1. The appellant may seek judicial review of any decision by the hearing officer or
applicable board, by filing a further appeal with the San Luis Obispo superior court within
twenty calendar days after service of the decision, in accordance with the provisions of
California Government Code Section 53069.4. The appeal filed with the court must also contain
a proof of service showing a copy of the appeal was served upon the city clerk for the city of San
Luis Obispo. The appellant must pay to the superior court the appropriate court filing fee when
the appeal is filed. An appellant, who elected to have the appeal heard by a hearing officer,
cannot seek judicial review by petition for writ.
2. Failure to Exhaust Administrative Appeal. No appeal is permitted from a decision
where the appellant is deemed to have abandoned the contest of the administrative citation by an
unexcused failure to appear at the appeal hearing or by the failure to request an administrative
appeal hearing before the hearing officer or applicable board.
3. Forwarding of Records to Superior Court. The city attorney or the city attorney’s
designee shall forward to the superior court within fifteen days of the court’s request, the
pertinent administrative citation documents for any case appealed to that court. If the superior
court revokes any administrative citation, the city will refund to the appellant the superior court
filing fee paid by the appellant. (Ord. 1576 § 1 (part), 2012)
C. Judicial Review After Hearing by Administrative Review Board or Construction Board of
Appeals/Petition for Writ
1. The appellant may seek judicial review of the Administrative Review Board’s or
Construction Board of Appeals’ decision by filing a petition for writ with the San Luis
Obispo superior court. The time within which the petition must be filed, and the
applicable requirements are governed by the California Code of Civil Procedure. The
petition for writ filed with the court must also contain a proof of service showing a copy
of the petition for writ was served upon the city cle rk. The petitioner must pay to the
superior court the appropriate court filing fee when the petition is filed.
2. Failure to Exhaust Administrative Appeal. No petition for writ is permitted from a
decision where the appellant is deemed to have abandoned the contest of the
administrative citation by an unexcused failure to appear at the appeal hearing or by the
failure to request an administrative appeal hearing before the Administrative Review
Board or Construction Board of Appeals.
3. Preparation of Administrative Record. Upon request of the superior court, and
petitioner’s payment to City of the costs of preparing the administrative record, the city
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attorney or city attorney’s designee shall have the administrative record prepared and
forwarded to the superior court.
1.24.150 Collection of unpaid fines.
A. City Remedies. The city, at its discretion, may pursue any and all legal, equitable, and
administrative remedies for the collection of unpaid civil administrative fines. A civil
administrative fine shall be deemed unpaid the day after the due date set by the administrative
citation, or if appealed, the day after the due date set by the hearing officer or applicable board in
its decision. If the decision of the hearing officer or applicable board is appeale d to, or petition
for writ filed with, the superior court, the civil administrative fine shall be deemed unpaid the
day after the due date set by the superior court. If the superior court upholds the administrative
citation, but fails to set a due date, the fine shall be deemed unpaid on the eleventh (11th) day
after the superior court decision is mailed.
1. Remedies Cumulative. Pursuit of one remedy does not preclude the pursuit of any other
remedies.
2. Refusal to Issue Permits. A city department may refuse to accept an application for a city
permit or license or to refuse to issue, extend, or renew to any person, who has unpaid
delinquent fines, liens, or assessments, any city permit, license, or other city approval
pertaining to the property that is the subject of unpaid delinquent fines, liens or
assessments.
3. Suspension of Issued Permits. Notwithstanding any other provision of the code, any
permit, license, or any type of land use approval issued by the city to a person who has
unpaid administrative citations totaling five hundred dollars or more which remain
delinquent for thirty days or longer may be suspended by the department which issued the
permit or other entitlement. The suspension becomes effective ten days after the date the
notice of the suspension is placed by the issuing department in the United States mail
postage prepaid, addressed to the person, and continues until the administrative
delinquency is paid in full. The person may request an appeal or review hearing pursuant
to the specific permit, license, or other city approval procedures or ordinance if such a
request is filed before the ten-day period ends.
4. Criminal Remedies. The city attorney, at his or her discretion, may also issue a criminal
citation or complaint (infraction or misdemeanor) to any person for a code violation.
B. Violations Constitute a Public Nuisance. The director may pursue the remedies described in
this section whether or not the city is pursuing any other action to terminate an ongoing code
violation that was the basis for an administrative citation or to otherwise abate the violation or
sanction the property owner. To compel code compliance, the city may also seek to collect
assessed fines by means of a nuisance abatement lien or special assessment against the property
where a property related violation occurred in accordance with the procedures in Government
Code Sections 38773.1 and 38773.5.
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C. Lien Conditions. To recover any delinquent administrative fines as a lien or special
assessment on real property, the following conditions must be met:
1. The director must submit to and receive approval from the city council for a resolution
certifying the amounts of the liens and special assessments sought to be collected from
each property owner; and
2. The total amount of the delinquent fine against the property owner must be delinquent
for sixty days or more.
D. Lien Collections. The director is authorized to take any steps necessary to enforce collection
of the lien or special assessment, including but not limited to the following:
1. Request the county recorder to record a notice of any lien or special assessment certified
by resolution of the city council.
2. Request the county tax collector on behalf of the city to collect any special assessments
certified by resolution of the city council.
E. Notice of Lien Collection Procedures. All administrative citations shall contain a notice that
unpaid fines are subject to the assessment and lien collection procedures of this chapter. This
notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5
when an administrative citation is served on the person. In addition, the director shall by first
class mail send notice to each property owner at least ten days before the city council considers
the resolution to certify the amounts of the liens and special assessments stating the date, time,
and location of the meeting. The lien or special assessment shall be imposed on the date the
administrative citation for the code violation is issued to the responsible person and shall become
effective upon the recording of a notice of lien or special assessment by the County Recorder.
F. Contesting Certification of a Lien. A person may contest the amount or the validity of any lien
or special assessment for a civil fine at the public hearing when the city council considers the
resolution to certify the liens or assessments. Such contests shall be limited to the issue of the
amount or validity of the lien or assessment and may not consider whether the underlying code
violation occurred. Pursuit of such a contest by a person is necessary to exhaust the
administrative remedies concerning a legal challenge to the validity of any such lien or special
assessment. (Ord. 1576 § 1 (part), 2012)
SECTION 2. Section 1.20.020 Right to Appeal is amended to add a subsection D to read
as follows:
1.20.20 Right to Appeal
D. No right of appeal to the council from any administrative decision made by a city
official under the provisions of Chapter 1.24 of this code relating to administrative citations and
review of administrative citations shall exist.
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SECTION 3. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby amended
to add Section 15.02.015 to read as follows:
15.02.015. Chapter 1.24 To Supersede Conflicting Administrative Citation and Review
Provisions of Building Construction and Fire Prevention Regulations
In the event of any conflict between the provisions of Chapter 1.24 and any provision of
the building construction and fire prevention regulations of the city of San Luis Obispo adopted
pursuant to section 15.02.010, relating to issuance of administrative citations and/or
administrative review of administrative citations by the Construction Board of Appeals or any
appeals board authorized under those regulations, the provisions of Chapter 1.24 shall control.
SECTION 4. Chapter 2.30 is hereby added to the San Luis Obispo Municipal Code to
read as follows:
Chapter 2.30
ADMINISTRATIVE REVIEW BOARD
2.30.010 Board Created.
There is established the administrative review board of the city.
2.30.020 Membership.
The administrative review board shall consist of three members appointed by the city council to
serve in an adjudicatory capacity. Members of the administrative review board may
simultaneously serve on other city advisory bodies requiring technical expertise, including the
Construction Board of Appeals, pursuant to San Luis Obispo Council Policies & Procedures
section 6.7.2.5. Two Council members shall serve as liaison to this board.
2.30.30 Term of office.
A. Members shall be appointed for terms of two years which shall commence immediately upon
appointment by the council. Commissioners shall serve at the pleasure of the council and may be
reappointed; provided, that no appointee shall serve more than two consecutive full terms (four
years). Appointment to a partial term of office following an unscheduled vacancy shall not
preclude the appointee from serving two consecutive full terms following completion of a partial
term; provided the partial term is less than one year.
B. Vacancies shall be filled for unexpired terms.
C. All of the applicable procedures and requirements contained in the council adopted
“Handbook for Advisory Bodies” shall be incorporated in this section by reference.
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2.30.040 Functions, Powers and duties.
The administrative review board’s basic responsibility is to decide the validity of administrative
citations which are appealed to the board pursuant to chapter 1.24. To carry out this
responsibility, the commission will:
A. Conduct hearings,
B. Evaluate evidence,
C. Prepare written decisions supported by written findings of fact as to whether the
administrative decision should be upheld or revoked, in whole or in part.
D. Perform such other duties required by the council or by state or city laws.
2.30.50 Meetings.
A. All regular meetings shall be held at the established time and place set for that body as set
forth within the Administrative Review Board bylaws.
SECTION 5. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of t he
remaining portions of this ordinance, or any other provisions of the city’s rules and regulations.
It is the city’s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
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INTRODUCED on the 6th day of October, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2015, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Jon Ansolabehere
Interim 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 ______________, __________
______________________________
Jon Ansolabehere
Interim City Clerk
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Meeting Date: 10/20/2015
FROM: Derek Johnson, Assistant City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: 2014-15 TBID ANNUAL REPORT
RECOMMENDATION
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2014-15
annual report; and
2. Adopt a resolution of intention to levy and collect assessments within the TBID area in fiscal
year 2015-16 at the same rate as in fiscal year 2014-15.
DISCUSSION
Background
In June 2008 Council adopted Ordinance 1517 establishing a tourism business improvement
district as requested by the local lodging industry. The district was formed under the State’s
Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and
Highways Code and incorporated into the City’s Municipal Code under Chapter 12.42.
Pursuant to Municipal Code Section 12.42.060 and Sections 36530 and 36533 of the State’s
Parking and Business Improvement Law, the appointed TBID Advisory Board is to submit an
annual report (Attachment A) that outlines the past year’s efforts and how the funding was used
and to what effect.
Section 35634 further requires that after the approval of the annual report, the Council shall
adopt a resolution of intention (Attachment B) to levy an annual assessment for that fiscal year.
The resolution also sets a public hearing in order to receive any written or oral protests against
the continuation of the district as required by the applicable statute.
Annual Report
On September 9, 2015, the TBID Board met in its regular monthly meeting to finalize the 2014-
15 annual report (Attachment C). Public noticing for the TBID Advisory Board meeting was
performed through the posting of the agenda on the City’s website and in the kiosk in front of
City Hall by 5:00 pm on September 4, 2015. For convenience, the agenda was also distributed to
TBID constituents and stakeholders via email. The annual report reiterates the use of the TBID
funds within the defined marketing platform that guides the strategy used to deliver on the
TBID’s objective and goals. The report content includes:
1. TBID Background and Advisory Body
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2. 2014-15 Year by the Numbers
3. Strategic Plan Implementation and Program Approach
4. 2014-15 Summary of Activities
5. 2014-15 Financial Statement
6. Looking Ahead to 2015-16
7. Charts and Graphs showing various results
Next Steps
Should the City Council approve the annual report and adopt the resolution of intention, a public
hearing will be noticed for November 3, 2015. The public hearing will allow hoteliers to submit
comments, voice concerns, and protest the assessment.
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code, the
Council has the ability to continue the proposed citywide TBID at this public hearing, unless oral
or written protests are received from City hoteliers that pay 50% or more of the proposed
assessments. In that event, the Council cannot consider continuation of the TBID in the City of
San Luis Obispo for at least one year.
Noticing Schedule
Legal notices regarding the City Council’s review and approval of the TBID annual report were
sent to TBID properties on Friday, October 9, 2015. For convenience, the link to the agenda was
also distributed to TBID constituents and stakeholders via email.
FISCAL IMPACT
The current unaudited year-end TBID revenues for 2014-15 are $1,364,468, which is
approximately $60,000 more than the budgeted amount. In 2015-16, the TBID projected revenue
is $1,369,875 and is budgeted for program costs including staffing. Approximatel y $27,376 is
budgeted to cover the City’s administrative costs associated with collecting and disbursing the
assessment.
ALTERNATIVE
The City Council may choose to not approve the report or levy the assessment. This is not
recommend as the advisory body has fully reviewed the report and recommended the approval to
City Council in order to move forward with the Public Hearing for the Tourism Business
Improvement District.
Attachments:
a - SLOTBID Annual Report 2014-15
b - Resolution of Intention 11.3.15
c - 09-09-2015 TBID Minutes_DRAFT
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1TBID Annual Report 2014–15
TOURISM BUSINESS
IMPROVEMENT DISTRICT
ANNUAL REPORT
2014–15
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2TBID Annual Report 2014–15
LETTER FROM CHAIR
Every year since the inception of the Tourism Business Improvement District (TBID) in
October 2008, San Luis Obispo has seen remarkable growth in the tourism industry. The
2014-15 year is no exception. In fact this fiscal year marked the highest collection of Transient
Occupancy Tax (TOT) in the history of San Luis Obispo at an unprecedented growth rate
of 12% over the previous year. In addition our lodging properties have returned to steady
occupancy rates that meet or exceed business prior to the recession.
The TBID Board has been steadfast in our programs, strategic planning, and long term
vision. In 2014-15 we contracted with a new agency team of record, Barnett Cox & Associates
(BCA) and StudioGood to lead our marketing efforts. Through this contract the TBID has
accomplished the complete rebrand, made headway in new target markets like San Diego,
and expanded results of our strategic partnerships. We dedicated our efforts to the first year
of implementation to our 5-year Strategic Clarity Plan and are excited to share the results
with the City Council, the TBID stakeholders, and interested citizens.
As we forge into 2015-16, we are eager to begin the work efforts to implement our new
Marketing Plan developed by our marketing agencies, BCA and StudioGood and under
the guidance of our Marketing Committee. We look toward expanded partnerships with
the SLO Chamber of Commerce for public relations efforts, particularly the expansion in
targeted blogger outreach. Finally, we are encouraged by the new dedication to countywide
destination marketing through the newly formed Tourism Marketing District. Through this
fusion of efforts, in 2015-16 we will continue to bring incredible value to San Luis Obispo.
Sincerely,
Nipool Patel
Lamplighter Inn & Suites
TBID Board Chair
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TABLE OF CONTENTS
Background on TBID 4
2014-15 Year by the Numbers 6
Strategic Plan Implementation and Program Approach 7
TBID Activities 8
2014-15 Financial Statement 18
Looking Ahead to 2015-16 19
Appendix 20
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BACKGROUND ON TBID
In June 2008 the City Council adopted Ordinance 1517 establishing the Tourism Business
Improvement District (TBID) in the City of San Luis Obispo as requested by the local lodg-
ing industry. The assessment of two percent (2%) of gross receipts for the district became
effective on October 1, 2008 and the use of funds was defined in Section 12.42.030 of the
Municipal Code as follows:
“This ordinance is made and enacted pursuant to the provisions of the Parking and
Business Improvement Area Law of 1989 (Sections 36500 et. seq., of the California
Streets and Highways Code). The purpose of forming the district as a business
improvement area under the Parking and Business Improvement Area Law of 1989 is
to provide revenue to defray the costs of services, activities and programs promoting
tourism which will benefit the operators of hotels in the district through the promotion
of scenic, recreational, cultural and other attractions in the district as a tourist
destination.”
Advisory Body
The use of the assessment fund is based on the recommendation of the Tourism Business
Improvement District advisory board that is staffed by City of San Luis Obispo hotel
owners, operators, and/or managers. The board members are appointed by the City
Council and serve for an initial term of four years with the opportunity to serve a second
term for a maximum of eight years.
2014-15 Advisory Board
NAME PROPERTY TERM
Clint Pearce - Past Chair Madonna Inn 3/31/2019 (2nd term)
Dean Hutton Apple Farm 3/31/2017 (2nd term)
Kevin Phipps Embassy Suites 3/31/2019
Matthew Wilkins Sands Inn & Suites 3/31/2016
Nipool Patel - Chair Lamplighter Inn 3/31/2016 (2nd term)
LeBren Harris Hampton Inn 3/31/2017
Kimberly Walker Granada Inn 3/31/2017 (2nd term)
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Advisory Body Bylaws
In addition to the governing City ordinance, the TBID Board established its advisory body
bylaws and further defined its role and functions as:
The functions and duties of the TBID Board shall include, but not be limited to,
the following:
A. Planning a comprehensive program to promote tourism to the City of San Luis
Obispo and prepare an annual marketing program consistent with industry goals
and objectives.
B. Develop advertising and promotional programs and projects to benefit the lodging
industry in San Luis Obispo.
C. Present an annual assessment report to the City Council regarding the implemented
promotional programs and projects.
D. Perform any other lawful tasks as directed by the Council.
The Board meets monthly on the second Wednesday at 10 a.m. for its regular board meeting.
In 2014-15, the Board met in 12 regular monthly meetings and 1 special meeting. Additionally,
based on the implementation of the TBID 5-year Strategic Plan, the Board divided into two
standing subcommittees. The Management Subcommittee and the Marketing Subcommittee
is each made up of the three Board members. The Marketing Subcommittee members also
serve on the joint Event Promotion Subcommittee with three members of the Promotional
Coordinating Committee (PCC) to consider event sponsorship commitments.
In order to keep the lodging constituency abreast of all TBID business, the Board is assigned
properties to laisse. Each board member is responsible for communication with his/her
respective group of hotels. The Board Chair and staff continue to visit all properties at least
once a year to personally bring TBID updates and marketing opportunities to each property.
An example of the focused communication and outreach by the Board liaisons during the year
was for the purpose of the proposed Countywide Tourism Marketing District. In 2014-15, the
TBID Board also hosted a member appreciation event in partnership with Cal Poly Athletics.
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6TBID Annual Report 2014–15
2014-15 YEAR BY THE NUMBERS
The 2014-15 fiscal year produced major growth in the tourism industry in San Luis Obispo.
The City collected more than $6.8 million dollars (+12.3%) in transient occupancy tax (TOT).
Every month within the year out paced the same month in the prior year. Overall the
collections surpassed the City’s forecasted growth of 7% which contributed to a significant
increase into the City’s General Fund.
Occupancy was upward trending every month in record breaking numbers. For example,
January occupancy grew 11% based on the year over year comparison. The 2014-2015 fiscal
year concluded with average annual occupancy rate over 73% (+4.4%) and the Average
Daily Rate (ADR) up nearly 7.5% at $129.17. The downtown Visitor Center served over 80,000
(+12.8%) in-person guests. San Luis Obispo lodging properties had over twenty sell out
weekends in 2014-15, more than have ever occurred in previous years.
2014-15 Year by the Numbers
MEASUREMENT RESULT % CHANGE
TOT $6,803,224 12.3 %
Occupancy 73.1% 4.4 %
ADR $129.17 7.4 %
RevPAR $95.85 12.6 %
See the appendix for complete graphs.
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7TBID Annual Report 2014–15
STRATEGIC PLAN IMPLEMENTATION AND
PROGRAM APPROACH
In 2014-15 the TBID began the focused implementation of the 5-year Strategic Clarity Plan,
a document that serves as the framework for the direction and decisions made by the TBID
Board for the tourism program. The plan defines the work programs for the TBID and is used
as a guide for the decisions made for the overall promotion of San Luis Obispo. Within the
plan, the TBID identified five Strategic Imperatives:
• Deliver Smart Growth
• Develop the SLO Brand
• Build Meaningful Partnerships
• Contribute to an Unforgettable SLO Experience
• Ensure Organizational Excellence
Each imperative has a distinct list of metrics used to gauge the success of the
implementation. The 2014-15 fiscal year is the benchmark year from which the
accomplishments of the plan will be tracked.
2
Mission
The SLO TBID builds awareness to grow tourism, serving as the voice of San Luis Obispo.
Values
Integrity | Accountability | Adaptability | Collaboration | Determination | Innovation
Unique Role of Value
The SLO TBID provides the City of SLO with comprehensive tourism brand management through strategic partnerships and a robust marketing and promotional budget.
Vision In
SLO TBID manages the brand for the destination of San Luis Obispo, delivering balanced growth of tourism, with creativity and integrity.
Vision Out
San Luis Obispo is an unforgettable place where visitors engage in a unique lifestyle they aspire to, become emotionally attached, and return for renewal.
Brand Intention
Heart Side: Happy | Pride of Place | Inspiring | Relaxed | Rejuvenating
Head Side: Experiential | Beautiful | Artisinal | Healthy | Authentic
Strategic Imperatives
Deliver Smart Growth | Develop the SLO Brand | Build Meaningful Partnerships | Contribute to an Unforgettable SLO Experience | Ensure Organizational Excellence
Unique Value Proposition
San Luis Obispo is an authentic and inviting California community where you can play, taste, explore, relax, and recharge.
Strategic Clarity
Strategic Clarity
The elements of our Strategic Clarity are the SLO TBID’s “North Star” for the upcoming five fiscal years, setting the level of expectation and the tone and tenor of everything we plan. As we move into defining specific initiatives, our Strategic Clarity will serve as a touchstone.
Vision In
What kind of organizational culture are we committed to being?
Vision Out
What is the ideal future state we will strive to create? What are we committed to making happen?Mission
What is most important to us as we strive to realize our vision? What is the focus of our work?Values
What are the fundamental beliefs that shape how we work together to serve our mission?
Unique Role of
Value
What unique and valuable role do we play amongst our peer organizations? HOW do we provide value?
Strategic Imperatives
What must be accomplished during the planning horizon?
Unique Value
Proposition
What unique and sustainable value does the destination of San Luis Obispo deliver? WHY San Luis Obispo?
Brand Intention
WHAT is the experience we want our destination to be known for?
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8TBID Annual Report 2014–15
TBID ACTIVITIES
Branding
The TBID manages the tourism brand for the destination of San Luis Obispo, delivering
balanced growth of tourism with creativity and integrity. In 2014-15 the TBID underwent
a complete rebrand for San Luis Obispo tourism promotion and the ShareSLO campaign.
This decision was in alignment with the Strategic Plan imperative to “Develop the SLO
Brand” and based on visitor research collected by Strategic Marketing Group showing the
lack of association between San Luis Obispo as a travel destination and the “Sincerely,
California” logo and tagline. In September the new tourism logo and brand specifications
were implemented and the advertising campaign “It Means Something Different Here” was
launched across digital and print channels.
In addition, the Board implemented design changes to the ShareSLO campaign including a
new logo design, brand specifications, blog design, and social branding.
The redesign of both these brands created an opportunity to begin to address internally the
TBID Strategic Plan initiative of “breaking the SLO brand log jam.”
Brand Messaging Pillars:
• Cultural
• Culinary
• Outdoor
• Family
A
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9TBID Annual Report 2014–15
Digital
www.SanLuisObispoVacations.com
The City’s official tourism website is designed primarily for consumers, but also serves
the travel trade, meeting planners, TBID members and media. It features robust content
including a detailed calendar of events, lodging property listings, itinerary suggestions and
featured press coverage. In 2014-15, the site garnered nearly 275,000 page views annually
from over 80,000 users. Monthly, there was an average of 7,200 users, 8,500 sessions, and
23,000 pages views on the website.
m.SanLuisObispoVacations.com
The TBID mobile website offered users a gamified mobile experience, called GoSLO. Through
the GoSLO game, users can identify their SLO persona and are provided with a list of
itinerary items based on that persona. This assists users in planning what to do while they
visit San Luis Obispo. Over 81% of traffic to GoSLO were California visitors, with 41% of those
visitors coming from out of market - San Francisco, San Jose, San Diego and Los Angeles
combined. The trends show that visitor interest continues to grow primarily through mobile
traffic.
2014-15 Activities Included:
• Site reskin
• ShareSLO Integration
• SEO
• Initial site audit and recommendations
• Monthly report and keyword data
• Preparation for Helium integration
USERS SESSIONS PAGE VIEWS
See the appendix for complete graphs.
ACTIVITY MEASUREMENTS
FOR DIGITAL TRAFFIC
SLOVacations.com 84,262 101,850 273,989
m.SLOVacations.com 39,630 46,086 94,320
Cumulative Web Traffic 123,892 147,936 367,309
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10TBID Annual Report 2014–15
Advertising
Print Advertising
Limited print advertising placements were reintroduced to the TBID’s media mix through
BCA in the 2014-15 fiscal year. Traditional print campaigns are an important tool to reach
niche market visitors primarily in the mature demographic and to reinforce travel inspiration
and build brand awareness for the destination. Print advertising was placed in the following
publications: LA Times Travel Section, San Francisco Chronicle Destinations, Sunset
Magazine and Touring and Tasting Magazine. The TBID also participated in a cooperative
advertising opportunity through Visit San Luis Obispo County in the California State Travel
Guide and lodging specific ads were placed in regional visitor publications including: SLO
Chamber Visitors Guide, Visit SLO County Visitors Guide, and SLO Wine Map.
Online Banner Advertising
Target marketing, message tailoring, flexible rates, creativity, exposure, speed, and
measureable ROI are the top reasons for the growth and attractiveness of online advertising
for the TBID. Online campaigns and the reliance on technology continues to be the most
effective marketing and advertising tool to target the drive markets in California for leisure
travelers to San Luis Obispo. Through BCA, the TBID continues to use branded banner
advertising to maximize online reach for the promotion of San Luis Obispo through strategic
placement on top travel and lifestyle sites including: Facebook, Twitter, Google Display,
Sunset.com, TripAdvisor, Weekend Sherpa, Bay Area News Group online, and LATimes.com.
The TBID’s click through rate (.38%) is far higher than industry average (.1%).
All print and digital advertising is directed toward the website or the toll-free phone number
for more information on San Luis Obispo.
CUMULATIVE PRINT ADVERTISING MEASUREMENTS
Total Number of Advertising Outlets 8
Total Number of Placements 10
Total Print Reach (Circulation) 2,068,679
CUMULATIVE DIGITAL ADVERTISING MEASUREMENTS
Total Number of Impressions 9,985,825
Total Number of Clicks 38,210
CTR % .38%
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11TBID Annual Report 2014–15
Email Marketing
The TBID utilizes e-newsletters to market regularly to potential visitors regarding activities
in SLO. This builds brand loyalty and encourages repeat visitation and an extended length of
stay. The newsletter promotes upcoming events and special promotions as well as compli-
ments our seasonal advertising campaigns and public relations outreach.
2014-15 Dedicated Newsletters:
• SAVOR
• Roll out the Barrels
• Holiday promotion
• SLO Getaway Giveaway
NEWSLETTER ACTIVITY MEASUREMENTS
Total Number of Newsletters Sent 8
Total Number of Opens 31,625
Database Size 17,000
Social
#SHARESLO
Through the ShareSLO program, the TBID leverages user generated content to promote San
Luis Obispo activities, events and businesses to increase the appeal of and loyalty to San
Luis Obispo. ShareSLO content is created by a select group of ShareSLO Influencers whose
cumulative social reach organically extends the San Luis Obispo message. Paired with the
network of engaged social fans on Facebook, Twitter, and Instagram and the adoption of the
#ShareSLO hashtag within those social channels, the TBID is able to aggregate the organic
social chatter surrounding San Luis Obispo and display it on ShareSLO.com to better tell our
story from the local’s point-of-view. StudioGood leverages tools like social listening reports
and user analytics to guide the digital conversation to achieve our brand goals. In 2014-15,
the ShareSLO cumulative social fan base grew by 21,186 (+171%) fans and followers across
Facebook, Twitter, and Instagram.
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12TBID Annual Report 2014–15
SHARESLO PROGRAM MEASUREMENTS
Total Number Blog Post 30
Events Attended 18
Total Number of Sessions on ShareSLO.com 14,184
Total Hashtag Uses (Instagram & Twitter only) 7,414
SHARE SLO SOCIAL MEASUREMENTS
FACEBOOK 2014-15 RESULTS
New Fans 17,615
Total Fans 27,541
Total Reach 3,005,131
Ave Daily Engaged Users 188
Total Engagements 14,152
INSTAGRAM 2014-15 RESULTS
New Followers 1,523
Total Followers 2,217
Total Engagements 12,326
Total Use #ShareSLO Users 3,317
Total Engagements 14,152
TWITTER 2014-15 RESULTS
New Followers 2,048
Total Followers 2,942
Total Engagements 3,884
Total Use #ShareSLO 4,097
2014-15 Activities Included:
• New ShareSLO Logo Design
• Website redesign and updated user experience
• New approach to ShareSLO program
• Identified 17 Influencers to join the team
• Published 30 new blog posts
• Influencers attended 18+ events as a representative of
the ShareSLO program and promoted event attendance
through their social media channels and ShareSLO.com
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13TBID Annual Report 2014–15
PUBLIC RELATIONS
In 2014-15 Public Relations (PR) activities were not a direct area of concertation for the
TBID. The PCC held a dedicated contract with the SLO Chamber for Public Relations efforts;
however the TBID supported the projects, efforts, and hosting to ensure the complete San
Luis Obispo story was delivered.
Overview
On behalf of the City’s community promotions program, the SLO Chamber works hard to
build professional relationships with media outlets and representatives in various markets
to build and maintain awareness of the San Luis Obispo as a travel destination. Media is
supplied with current information, editorial content, story ideas and imagery. In 2014-15, the
PR activities have generated at least 233 total mentions in press editorials, publications and
online articles.
Press Releases
A total of 30 press releases were issued by the Chamber of Commerce to promote tourism in
San Luis Obispo during the fiscal year. Press releases supported the San Luis Obispo tourism
brand pillars of a cultural, culinary, outdoor and family destination.
Media Visits
Media visits or press trips are secured to promote the destination with the goal of securing
valuable editorial coverage. In 2014-15 over 45 media outlets were hosted, both domestic
and international. Top domestic and international media outlets hosted include: ELLE France,
Fodor’s Travel, USA Today, New York Times, and HelloGiggles.com.
Top Media Coverage:
• New York Times
• International Traveller
• San Francisco Chronicle
PUBLIC RELATIONS MEASUREMENTS
Total Number of Media Outlets Hosted 45
Press Releases Issued 30
Number of Mentions 233
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14TBID Annual Report 2014–15
Sales
Consumer Trade Shows
The TBID is dedicated to maximizing the TBID trade show strategy. Consumer trade shows
provide the TBID an opportunity to take San Luis Obispo on the road to key drive markets.
The booth featured key information on San Luis Obispo including lodging information, maps
and upcoming events. Shows were selected based on their anticipated attendance, quality
of attendees, and target drive market location. Booth visitors were presented with the call-
to-action to enter to win a $500 San Luis Obispo Getaway Giveaway. In addition to one-on-
one conversation with potential visitors, the TBID also met with numerous travel media and
operators in-booth.
Trade Shows Attended:
• Los Angeles Travel & Adventure Show
• Bay Area Travel & Adventure Show
• San Diego Travel & Adventure Show
• Sunset Celebration Weekend
CONSUMER TRADE SHOW MEASUREMENTS
Number of Shows Attended 4
Newsletter Registrations Collected 2,370
Number of Brochures Distributed 3,500
FAM
Number of FAM Trips Hosted 3
Number of Participants Hosted 46
Travel Trade Familiarization Trips
Familiarization (FAM) Trips showcased San Luis Obispo to tour
operators and trade media from the UK and China. FAM Trip
itineraries highlighted the core visitor experiences in and around
San Luis Obispo and showcased numerous tourism partner
businesses. The purpose of hosting these FAM is to educate key
international trade on the products and experiences in San Luis
Obispo in an effort to attract new international travel business.
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15TBID Annual Report 2014–15
Event Promotion
In 2014-2015, the TBID sponsored, promoted, and was represented at more than a dozen
local events of different shapes and sizes. Over the course of the year, the TBID developed
an event strategy to ensure all SLO TBID-sponsored events are well-aligned with the brand,
and expectations and best practices are clear. These new guidelines allow the TBID to reach
visitors before, during, and after an event takes place, which in turn arms us with the tools
we need to leverage events to put heads in beds.
TBID Sponsored Events:
• Cal Poly’s Open House
• SLO Marathon, 5K + Family Fitness Day
• San Luis Obispo Concours
• SLO Jazz Festival
• Cal Poly Orientation
• SIXEL Airport Conference
• Eroica
• Roll Out the Barrels
• Festival Mozaic
• Sunset SAVOR the Central Coast
EVENT SPONSORSHIP MEASUREMENTS
Number of Events Sponsored 10
Estimated Total Number of Event
Attendees Reached through Sponsorship 33,050
Total Sponsorship Investment $137,000
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16TBID Annual Report 2014–15
Industry Relations
Visit California
The Visit California partnership has been critical in the growth of our brand within the California
Tourism product. San Luis Obispo has received coverage though the marketing activities
performed by Visit California including travel trade, press, and industry outreach. Monthly
submissions are uploaded to Visit California for media outreach, trade contacts, and newsletter
content. The TBID attended the Visit California Outlook Forum educational event in the spring.
Central Coast Tourism Council
The Central Coast Tourism Council (CCTC) is an organization of tourism and hospitality
professionals whose marketing efforts accomplish collectively what no single tourism entity
can do alone—promote the entire California Central Coast as a destination and maximize our
members’ tourism revenue. The CCTC serves as the Central Coast’s voice in Sacramento and
partners with California Tourism’s global marketing and advertising campaigns. The TBID is
actively involved in CCTC with the Tourism Manager as the Marketing Committee Chair and a
Regional Board Member. In 2014-15, the TBID leveraged the CCTC activities through media and
trade leads, blog and social presence, and travel trade leads. San Luis Obispo also represented
CCTC in hosting an educational luncheon event in Sacramento for over 40 Visit California Staff
to expand the knowledge and awareness of the Central Coast and San Luis Obispo.
Visit San Luis Obispo County
The TBID Board leverages the partnership with Visit San Luis Obispo County to promote San
Luis Obispo on a national and international level, beyond the local and state reach the TBID’s
marketing plan focus to achieve. The TBID’s investment in Visit San Luis Obispo County also
encompasses group sales, film commission, countywide public relations, and countywide
special events like Restaurant Month, Wine Month, and Savor the Central Coast. In 2014-15, the
TBID invested significant time in outreach and discussion to solidify support for the formation
of the Countywide Tourism Marketing District.
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17TBID Annual Report 2014–15
Strategic Partnerships
The TBID collaborates with numerous community partners and industry nonprofit
organizations in marketing San Luis Obispo as a destination which makes the TBID more
efficient in promotional activities. The TBID’s strategic partnerships allow the marketing
agencies to build relationships with the organizations below, elevating the destination as a
whole. Promotional opportunities with each organization give the TBID new platforms and
audiences to build brand awareness. Top partnerships achievements include:
Cal Poly Athletics
• TBID is the exclusive hotel industry sponsor to advertise with Cal Poly Athletics
• TBID promotion, logo, and web link was included in monthly email newsletters to
50,000 subscribers
SLO Wine
• Deployed 92 e-newsletters with SLO TBID logo which resulted in 10,000 click throughs
to the TBID website
• Hosted 6 travel, lifestyle, and wine writers in San Luis Obispo for Media Tour resulting in
media coverage in: PASTE magazine, Monterey Weekly, Monterey Herald, USA TODAY
SLO Chamber of Commerce
• Provided an 800-number separate phone line exclusively for the TBID. Only SLO TBID
properties will be recommended through this phone line. Over 420 calls were received
on the phone line
• Hotel referrals to TBID properties nearly doubled in 2014-15 to 4,390 total referrals
RaceSLO.com
• TBID sponsored and designed the inflatable RaceSLO race arch to be used for all
RaceSLO.com events for the next three years
REFERRALS TO SANLUISOBISPOVACATIONS.COM FROM
STRATEGIC PARTNER WEBSITES
Centralcoast-tourism.com 1745 sessions
Slowine.com 693 sessions
Slomarathon.com 488 sessions
Gopoly.com 100 sessions
Visitsanluisobispocounty.com 54 sessions
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18TBID Annual Report 2014–15
2014-15 FINANCIAL STATEMENT
INCOME SOURCE 2014-15
TOT Revenue Assumption (Revised with Supplement) $6,289,800
TBID Assessment (20% of TOT Revenue) $1,257,960
Administration Overhead (2% of TBID Assessment) $(25,159)
Tourism Manager Salary (.75 FTE) $(78,800)
2013-14 Excess Revenue $121,500
Fund Balance $100,000
TBID Program Budget $1,275,501
UNAUDITED EXPENDITURES
CONTRACTS
BCA/Studio Good Marketing Contract $650,000
Visit San Luis Obispo County $105,000
Chamber of Commerce $28,000
Helium $121,500
Race Arch $10,000
PARTNERSHIPS
Cal Poly Athletics $95,500
SLO Wine $10,000
SLO Wine Rooms $1,000
EVENTS PROMOTION
General Events Promotion $107,501
SAVOR 2015 $40,000
TRADESHOWS
Travel Shows $25,000
SAVOR Booth Build Out $2,500
Tourism Conferences $3,000
Sunset Celebration Weekend $2,000
TOURISM ORGANIZATIONS/RESEARCH
CCTC $1,000
Smith Travel Report $1,500
SUPPORT/ MEETINGS
Tourism Manager Expenses $2,500
Digital Assets- Video/Photography $43,000
2014 SLO Chamber VG Ad $3,299
Visit CA Presentation $1,000
Total Allocated Expenditure* $1,253,300
*This figure represents the total allocated expenditures. The difference
will be viable for carryover to the 2015-16 program budget.
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19TBID Annual Report 2014–15
LOOKING AHEAD TO 2015-16
As the TBID moves into 2015-16, the Board is committed to continued implementation of
the strategic plan. As stated in the marketing plan, BCA and StudioGood will update the SLO
TBID Marketing Plan each fiscal year. It is imperative to acknowledge trends, be observant
of growth or decline and make changes according to the current tourism climate on an
ongoing basis. The SLO TBID Marketing Plan coupled with the SLO TBID Strategic Clarity
Plan provides a foundation for building the City of SLO brand and establishing real tactics for
consistently improving tourism in the City of San Luis Obispo.
The highest priority Strategic Clarity Plan initiatives for the 2015-2016 fiscal year are:
• Deliver smart growth
• Develop the SLO brand
• Contribute to an unforgettable SLO experience
The key program activities include:
• Integrated, responsive SanLuisObispoVacations.com
• New videography & photography
• Integrated PR effort with SLO Chamber
• New tradeshow possibilities
• Competitive research
• Launch of the booking engine
In addition the TBID is looking forward to growing the district membership, to include the
recently permitted homestay properties. The implementation of the Countywide Tourism
Marketing District will also create new opportunities to leverage additional outreach to
promote San Luis Obispo.
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20TBID Annual Report 2014–15
TOT Chart 2014–2015
0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
2014-152013-142012-132011-122010-112009-10
APPENDIX
TOT Month to Month 2014–2015
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2013-14
2014-15
JuneMay AprilMarFebJanDecNovOctSeptAugJuly
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21TBID Annual Report 2014–15
Occ Month to Month 2014–2015
2014-15
2013-14
0 20 40 60 80 100
June
May
April
March
February
January
December
November
October
September
August
July
APPENDIX
ADR Month to Month 2014-2015
June
May
April
March
February
January
December
November
October
September
August
July 2013-14
2014-15
0 30 60 90 120 150
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22TBID Annual Report 2014–15
APPENDIX
RevPar Month to Month 2014–2015
$0 $30 $60 $90 $120 $150
2014-15
2013-14
June
May
April
March
February
January
December
November
October
September
August
July
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RESOLUTION NO. XXXX (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO CONTINUE
THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE
ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE
PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR
2015-16
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts
for several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo
Tourism Business Improvement District had requested the City of San Luis Obispo establish
such a self-assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was
established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the assessment went into effect on October 1, 2008; and
WHEREAS, the City Council appointed an advisory board to provide oversight,
guidance, and recommendations regarding the use of the assessment funds; and
WHEREAS, the City Municipal Code and the Parking and Business Improvement Law
require the advisory board to prepare and submit an annual report stating proposed changes,
improvements and activities for the fiscal year; and
WHEREAS, notices regarding the approval of the annual report were sent on October 9,
2015 to all assessed properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a) That the Tourism Business Improvement District Annual Report for fiscal year
2014/15 as filed by the advisory body is hereby approved.
b) The San Luis Obispo City Council proposes to continue the established Tourism
Business Improvement District in the City of San Luis Obispo in accordance with
City Municipal Code Chapter 12.42 and the California Streets and Highways Code,
sections 36500 et seq. (Parking and Business Improvement Law of 1989).
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Resolution No. _____ (2015 Series) Page 2
R ______
c) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer a marketing program
that increases overnight hotel stays pursuant to the set goals.
d) The assessment will be levied and allocated by the City of San Luis Obispo.
e) The assessment is proposed to be levied on all “hotels”, as that term is defined in San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of
any structure, which is occupied or intended or designed for occupancy by transients
for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home
or house, motel, studio hotel, bachelor hotel, lodging house, rooming house,
apartment house, dormitory, public or private club, mobile home or house trailer at a
fixed location, or other similar structure or portion thereof.
f) The assessment shall be based on two percent (2%) of gross room rent.
g) New hotels shall not be exempt from immediate assessment.
h) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the
Parking and Business Improvement Law of 1989, section 36535 of the Streets and
Highways Code, is to allow for comments on the District and proposed assessment,
and is hereby set for 6 P.M., Tuesday, November 3, 2015, before the City Council of
San Luis Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo,
California.
i) At the public hearing, the testimony of all interested persons for or against the
continuation of the District, the boundaries of the District, or the furnishing of
specified types of improvements or activities will be heard.
j) Any protest against the continuation of the City of San Luis Obispo Tourism Business
Improvement District and the levying of the assessment, or any aspect thereof, may
be made in writing. A protest may be withdrawn at any time before the conclusion of
the public hearing. Any written protest shall contain a description of the business in
which the person signing the protest is not shown on the official records of the City of
San Luis Obispo as the owner of the business, then the protest shall contain or be
accompanied by written evidence that the person is the owner of the authorized
representative of the business. Any protest as to the regularity or evidence of the
proceedings shall be in writing and clearly state the irregularity or defect to the City
of San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401.
k) If, at the conclusion of the public hearing, there are of record, written protests by the
owners of businesses within the proposed San Luis Obispo Tourism Business
Improvement District that will pay fifty percent (50%) or more of the total
assessments of the entire San Luis Obispo Tourism Business Improvement District,
no further proceedings to continue the San Luis Obispo Tourism Business
Improvement District shall occur. New proceedings to form the San Luis Obispo
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Resolution No. _____ (2015 Series) Page 3
R ______
Tourism Business Improvement District shall not be undertaken again for a period of
at least one (1) year from the date of the finding. If the majority of written protests are
only as to an improvement or activity proposed, then that type of improvement or
activity shall not be included in the San Luis Obispo Tourism Improvement District.
BE IT FURTHER THEREFORE RESOLVED, the City Clerk is instructed to provide
notice as required by the City Municipal Code Chapter 12.42 and the Parking and Business
Improvement Law of 1989, section 36534, subpart (a)(7) of the Streets and Highways Code, to
wit: the City Clerk shall give notice of the public hearing by causing the resolution of intention
to be published once in a newspaper of general circulation in the City no less than seven days
before the public hearing.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2015.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Jon Ansolabehere
Interim 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 ______________, _________.
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Resolution No. _____ (2015 Series) Page 4
R ______
______________________________
Jon Ansolabehere
Interim City Clerk
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Minutes
Tourism Business Improvement District Board
Wednesday, September 9, 2015
Regular Meeting of the
Tourism Business Improvement District Board
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Tourism Business Improvement District Board was
called to order on Wednesday, September 9, 2015 at 10:04 a.m. in the Council Hearing Room,
located at 990 Palm Street, San Luis Obispo, California, by Chair Patel.
ROLL CALL
Present: Committee Members Dean Hutton, Kevin Phipps, Matthew Wilkins, and Chair
Nipool Patel
Absent: Committee Members Kimberly Walker, LeBren Young-Harris, and Vice-Chair
Clint Pearce
Staff
Present: Tourism Manager Molly Cano and Recording Secretary Kevin Christian
PUBLIC COMMENT ON NON-AGENDA ITEMS
Tom Halen, Managing Partner of the town of Harmony, introduced the “Cow Parade Art
Exhibit” concept and discussed various charities that the exhibit benefits. He requested to be
agenized in a future meeting to do a full presentation as they are bringing this exhibit to the area
in 2016.
CONSENT AGENDA ITEMS
MOTION BY BOARD MEMBER PHIPPS, SECOND BY BOARD MEMBER WILKINS,
CARRIED 4-0, to approve Consent Calendar Items C1 thru C6.
PRESENTATION ITEMS
1. MARKETING AGENCY MONTHLY REPORT
Representatives of BCA + StudioGood presented a report on the marketing activities over
the past month with the following highlights: 1) Interactive painting activity at the booth
during the SAVOR event, 2) Video review – PNG Films is working to provide materials
in time to coordinate release with the new website, 3) Event Worksheets have been
created to help document and track event goals and expectations, and 4) the Visitors
Brochure will debut at SAVOR. A metrics overview was presented showing increases
since September 2014, with the exception of GOSLO mobile being down. It was noted
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that #ShareSLO is making progress in use. Twitter ads are no longer being run. They may
be used in the future, to be decided on a case by case basis.
BUSINESS ITEMS
1. TOURISM WEBSITE REDESIGN
TBID Marketing Committee and StudioGood, presented the final website design,
discussing usability and content on both desktop and mobile platforms. Integration to
#ShareSLO was specifically noted, along with multiple ways to link to the booking tool.
The “All Things To Do” feature was highlighted and a description on how it will work on
the mobile interface was provided, along with a demonstration of how users can sort by
categories.
The committee gave input on how to rank what items should display at the top of the
interface in the “Things To Do” category.
MOTION BY BOARD MEMBER PHIPPS, SECOND BY BOARD MEMBER
HUTTON, CARRIED 4-0, to approve the design as presented.
2. 2014-15 TBID ANNUAL REPORT
Tourism Manager Cano reviewed the draft annual report, noting that it is necessary as
part of the TBID bylaws and will be presented to City Council on October 20, 2015.
MOTION BY BOARD MEMBER HUTTON, SECOND BY BOARD MEMBER
WILKINS, CARRIED 4-0, to approve the report as presented.
3. TOURISM BROCHURE PRINTING BUDGET
Tourism Manager Cano reviewed the tourism brochure print budget and noted that there
is a need for additional pages in the brochure as well as additional quantity, resulting in a
higher than budgeted cost. Advised that the original budget was for 35,000 copies of a 30
page brochure for a total budget of $12,500. Presented a variety of quantity options for
the Board’s consideration, recommending a year’s supply of 40,000 copies of a 46-page
brochure.
The Board discussed concerns about the perishable nature of the content and their
understanding of the demand for the product.
MOTION BY BOARD MEMBER WILKINS, SECOND BY BOARD MEMBER
HUTTON, CARRIED 4-0, to approve the additional expenditure for a quantity of 45,000
brochures, an expenditure increase of $7,102, with funding coming from the TBID
unallocated program budget.
TBID LIAISON REPORTS AND COMMUNICATION
1. HOTELIER UPDATE
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City of San Luis Obispo, Title, Subtitle
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John Lozano, Director of Sales at the Courtyard Marriot, was introduced by Tourism
Manager Cano.
2. MANAGEMENT COMMITTEE UPDATE
Board Member Wilkins commented on the “punch list” items being worked on for the
launch of Helium and the need to complete them quickly. Tourism Manager Cano noted
that once these are done, “Milestone 4” will return to the committee for approval. The
completion of “Milestone 4” signifies that booking tool is launch ready.
3. MARKETING COMMITTEE
Referred to the presentation given earlier.
4. PCC UPDATE
Tourism Manager Cano reviewed the Promotional Coordinating Committee meeting
minutes of August 12, 2015.
5. VISIT SLO COUNTY UPDATE
Board Member Phipps noted that Visit SLO County’s Board seats are filled, with the
exception of Pismo Beach, and its bylaws have been updated. Noted that there was concern
about continuing with SAVOR’s “Opening Night” in the future due to a lack of sales, but
also noted the concept of it being paired with San Luis Obispo’s Thursday night Farmers
Market as a cost saving effort.
Tourism Manager Cano advised that if the County Tourism Marketing District’s (TMD)
“prism” study, which profiles visitors to San Luis Obispo County, goes live that hotels will
be approached for consumer data. It was noted that a presentation to the Visit SLO County
Board would occur in the future to vote on the study.
6. TOURISM PROGRAM UPDATE
Tourism Manager Cano advised that an intern is still being sought and indicated that it
should be someone who can work 15-20 hours per week. It was noted that the Central
Coast Tourism Council (CCTC) will have a mixer and marketing workshop at the
Madonna Inn. The mixer will be held on October 15th and it isn’t necessary to be a CCTC
member. The workshop will be held on October 16th and is for members only.
Tourism Manager Cano reminded the Board that the presentation of the Annual Report to
City Council will be on October 20, 2015, and the Public Hearing will be held November
3, 2015. Other important dates reviewed were the Marketing Committee meeting to be
held on October 1, 2015 and the Management Committee meeting to be held on
September 22, 2015.
ADJOURNMENT
The meeting adjourned at 11:09 a.m.
Respectfully submitted,
Kevin Christian
Recording Secretary
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Meeting Date: 10/20/2015
RECOMMENDATIONS
1. Discuss the preliminary emergency response data contained in the Fire Master Plan and
provide opportunity for public comment; and
2. Direct staff, based on policy choices included in this report, to continue to gather and
analyze data, research options based on Council and community feedback, and return to
the City Council with a final report and recommendations.
REPORT IN BRIEF
In 2009, the City contracted with Citygate Associates, LLC (“Citygate”) to perform an
organizational assessment of the Fire Department, including a component analyzing emergency
response operations. In the 2009 Fire Master Plan report, Citygate made reference to community
benefits that may be realized by adding a fifth fire station as the southern area of the City
develops. In the years that followed this report, development of the southern area of the City
was sparse until the current and ongoing resurgence in development throughout the City.
Citygate has returned to update the emergency response operations component of the 2009
Master Plan and has worked with staff to produce preliminary data based on recent emergency
incident call volume data, information contained in the newly adopted Land Use and Circulation
Element, and anticipated development throughout the City. Citygate has concluded that the City
is unable to meet the current response time standards contained in the General Plan Safety
Element with the existing four fire stations. In August 2015, Citygate and staff presented
preliminary findings to the Planning Commission to gather their feedback. The purpose of this
study session is to provide further opportunity for dialogue with the Council and the community,
based on policy choices, before concluding the research, formulating recommendations, and
returning to Council for approval of the Fire Master Plan.
DISCUSSION
Background – Contract to Analyze Fire-Based Emergency Response Services
On March 31, 2015 the City Council authorized staff to contract with Citygate for an analysis of
fire-based emergency response services. This topic is particularly timely with the recent
adoption of a revised Land Use and Circulation Element (LUCE) and the return of vibrant
development activity throughout the City. Citygate and the City hav e produced preliminary
information pertinent to this effort, and the purpose of this report and study session is to share
these preliminary findings and solicit input from the community and City Council.
General Plan Safety Element and National Fire Protection Association Standards
According to Program 9.3 A in the General Plan Safety Element, the “Fire Department has set a
response-time objective of four minutes” with a recommendation to “meet this standard 95
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percent of the time.” When this program was drafted, the starting point for time measurement
was not defined. Potential interpretations for the starting point may include 9-1-1 pick-up by a
Communications Dispatcher or initial fire crew notification for response. The Safety Element
also did not differentiate between calls for service requiring the use of lights and siren versus
those calls for service not requiring as rapid a response to positively impact outcomes.
Staff and Citygate presume the intent of this response time objective was for a four-minute travel
time measurement. Travel time is measured from the time a Fire emergency response apparatus
begins driving to the emergency scene until the apparatus arrives at the dispatched address. The
rationale for a four-minute travel time goal is based on a national standard set by the National
Fire Protection Association (NFPA). The NFPA is an international nonprofit organization that
researches and publishes standards for the professional fire service. NFPA Standard 1710,
entitled “Organization and Deployment of Fire Suppression Operations by Career Fire
Departments,” provides response time objectives. It includes the objective of four minutes or less
travel time for the first arriving engine company for 90% of all fire and medical emergency
incidents in the community which require lights and siren response (henceforth referred to as a
“Code Three” response).
The science behind the four-minute travel time standard is related to the importance of time on
achieving a positive outcome for structure fires, rescue operations, and medical intervention
needs of seriously ill patients. Under standard conditions, a fire doubles in size every minute it is
allowed to free burn, and a non-breathing patient suffers irreversible brain damage within 4-6
minutes. When responding to structure fires, the Fire Department’s goal is to arrive at the scene
of a fire with sufficient time to don personal protective equipment, deploy hoses, force entry,
rescue victims and begin combating the fire before structural collapse. When the structural
components of a building are on fire, collapse can happen within 8 minutes of the fire impinging
on structural framing.
When responding to medical emergencies, the Fire Department’s crossed trained firefighter-
paramedics have a goal of arriving in time to provide care that decreases pain, suffering, and
irreversible damage. San Luis Ambulance is a great partner in this effort; however, it should be
noted that the ambulance response time goal is ten minutes from the time the ambulance crew is
alerted.
2009 Fire Master Plan
Approximately six years ago, the City contracted with Citygate to facilitate development of the
most recent Master Plan for the Fire Department. The 2009 Fire Master Plan included the
following recommendation:
As fiscal resources allow, the most beneficial next improvement in fire services
the City could make would be to add a fire station in the southern City area
equipped with one fire engine and a 3-person crew (p. 95).
This recommendation was based on findings that the Fire Department lacks 4-minute travel time
primary response unit coverage in the southern annexation areas. The findings also concluded
that the Fire Department is unable to provide enough total firefighters to field an effective initial
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force to combat serious fires throughout the City. The NFPA recommends a minimum of 15-17
firefighters respond to an initial alarm. The fire departments daily staffing is 13 firefighters plus
a battalion chief. The Fire Department relies on assistance from other agencies, primarily CAL
FIRE, to provide a sufficient firefighting force. Through an automatic aid agreement, every
structure fire incident in the City requires the response of non-City emergency response crews to
uncover their jurisdiction to assist the City Fire Department.
The return of significant development activity in the City, along with proposed development in
the southern part of the city supported by recent adoption of the City’s Land Use and Circulation
Element (LUCE), are driving forces in bringing Citygate back to reassess the fire services
response situation.
Land Use and Circulation Element Impacts
Continued development in the City will predictably increase calls for public safety services.
Calls for service outside the Fire Department’s current four-minute travel time coverage, to new
developments, impact more than just the outcomes associated with that one emergency.
Subsequent, concurrent emergencies then draw from other Fire resources, responding at greater
distances thereby creating a ripple effect of delayed response across the city.
While development in more remote areas has the potential to increase response times, circulation
improvements may have a more beneficial impact. Based on this, Citygate and the Fire
Department have modeled planned transportation enhancements that are likely to reduce
response times. Any deviation from these enhancements would impact the model. The Prado
Road overpass at the US Highway 101 is an example of a modeled enhancement that has a
significant benefit to response coverage. After consultation with City staff, Citygate and the Fire
Department analyzed the most relevant land use projections, circulation enhancements, and fire-
based emergency response data. The slides created from this effort are attached to this report,
and individual slides are embedded in this document. The attached file provides larger formatted
slides, which in some cases may be more easily read.
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Current “First Due” 4-Minute Travel Time Coverage
SLIDE 15 (below) illustrates the Fire Department’s “first due” emergency response four-minute
travel time coverage with the existing transportation infrastructure and Fire resources. First due
is a term given to the primary response region for each fire station. Street segments not colored
green are outside the Fire Department’s current four-minute travel coverage by as much as 1
minute 47 seconds in existing developed areas. In areas yet to be developed the additional time
impacts will be determined on yet to be finalized internal transportation infrastructure. For
example, there are currently no internal streets associated with the proposed Avila Ranch project;
however, it is clear that once constructed, Avila Ranch will be outside 4-minute travel time
coverage from the existing fire stations.
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Future Road Improvement Based “First Due” 4-Minute Travel Time Coverage
SLIDE 16 illustrates positive impacts of the transportation system elements likely to be
constructed as development progresses. Despite transportation enhancements, there are still
sections of the southern area of the City which are outside a desired response time standard.
Again, there are currently no internal streets associated with the proposed development projects
in the southern region, and while the future road improvements will have a beneficial impact on
system wide response times, much of the southern area will continue to be outside of the 4-
minute travel time.
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Development Pipeline and Current Fire Station Locations
SLIDE 12 illustrates the likely development projects impacting the volume of public safety
responses in the near term. Several of the larger projects are in areas of the City outside of the
four-minute travel coverage for fire, rescue and medical services.
A preliminary review of a potential solution of relocating existing fire stations to provide a
greater depth of coverage to the developing southern region revealed that such movement would
simply move the gaps in service to the north. For example, moving Fire Station 4 from its
current location at Madonna and Los Osos Valley Roads to the south would provide greater
coverage to the developing areas around Vachell Lane and Buckley Road; however this
relocation would create a response time gap in the neighborhood that fronts Prefumo Canyon.
Likewise, moving Fire Station 3 from Laurel Lane to the south would create a response time gap
in the region around San Luis Drive.
Presentation and Dialogue with Planning Commission
On August 12, 2015, Fire Chief Olson and Stewart Gary, Citygate’s principal consultant for both
the 2009 and 2015 Fire Master Plan contracts, conducted a study session with the Planning
Commission to discuss the scope of Citygate’s review, standards for performing an assessment
of community risks and response coverage, and a refreshed status on the City’s current and
future fire response situation. The primary objective of the study session with the Planning
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Commission was to establish a common understanding of the background to facilitate feedback
and suggestions from the Commissioners and the public. Chief Olson and Mr. Gary walked the
Planning Commission through the slide present ation findings. The meeting minutes can be
accessed at this link. Some of the highlights of this meeting include observations by various
Commissioners regarding:
1. Citizen reluctance to support expenditures perceived to only benefit new development
areas.
2. The lack of federal or state requirements relative to fire response standards, although the
NFPA recommends four minute travel time. The General Plan should be clarified where
vague to reflect the community’s expectations for fire service.
3. Equity of fire-based emergency response, such as all residents having a defined minimum
travel time goal, may be phased in over time. Commissioners noted the enhanced
building standards of new construction. These code enhancements are designed to reduce
the instance of that portion of fire-based emergency responses related to structure fires.
Project Preliminary findings
1. Vagueness of Safety Element Response Time Goal
It is recommended that the Safety Element be updated to provide clarity regarding response time
goals for the Fire Department. Citygate’s previous recommendation for complete response time
is a recommended starting point for this effort. Total Response Time would be defined as the
total time from answering the 9-1-1 call by the Dispatch Center until the emergency response
crew(s) arrive at the scene. Based on industry best practices and desired outcomes, a
recommended total response time standard of 7-minutes would consist of:
1. One minute Call Processing Time (measured from the point at which a 9-1-1 call is
answered until the emergency response crew(s) are dispatched)
2. Two minutes Turn Out Time (measured from the point at which emergency response
crew(s) are dispatched until their apparatus is moving)
3. Four minutes Travel Time (measured from the point at which the apparatus is moving
until it arrives at the dispatched location).
Additionally, the Safety Element does not currently differentiate between Code Three response
emergencies and calls for service not requiring a Code Three response. For purposes of this
study, Citygate only considered Code Three responses when analyzing department performance.
To be clear and consistent, the City may consider formally acknowledging this difference since
time is not as critical a factor to the outcomes of calls for service not prioritized for a Code Three
response. Finally, the City may consider amending the Total Response Time goal from 95% of
all emergency responses to the industry best practice standard of 90% of all Code Three
emergency responses.
2. Need for more complete National Fire Incident Reporting System (NFIRS) data
In the 2009 Citygate report, Citygate notes the absence of complete NFIRS reporting compliance
by the Fire Department. Non-compliance with NFIRS reporting prevents the Fire Department
from participating in the industry standard performance indicator database and may preclude the
Fire Department from applying for future grants. This situation continues and is an anomaly
among the fire service agencies Citygate has worked with in recent years. To remedy this
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situation, the City should implement full NFIRS reporting to facilitate enhanced and consistent
emergency response data and outcomes reporting and tracking. The Fire Department has an
opportunity to include NFIRS reporting with a program funded in FY 2015-16, the new
Electronic Patient Care Reporting (EPCR) system. NFIRS compliance and EPCR are top
priorities for Fire Department leadership, and the Fire Department will implement electronic
reporting of both NFIRS and EPCR data within the department’s authorized budget.
3. Incident Response Times
As indicated on SLIDE 7, the Fire Department’s current total response time to 90% of Code
Three fire, rescue and medical emergencies is 9:05 minutes/seconds. The travel time alone is
5:40 minutes/seconds. The reason for the long travel times is that the size of the four fire station
districts is too large and when there are simultaneous incidents, fire units must cross a large area
of the city to cover for each other. Outside of the core downtown area and adjacent
neighborhoods which have a grid street design, some neighborhoods have limited access points
due to curvilinear street design which also impacts incident response times.
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4. Southern City and In-Fill Growth Assessment
Citygate concludes the southern city expansion areas cannot be covered within 4-minutes from
the existing fire stations. The system wide average response time impact of providing service to
the southern city expansion areas from existing fire stations will be influenced by the
accessibility to the developing areas, the internal street network of those areas, and the
emergency response needs of future businesses and residents in these areas. SLIDE 19 models
how unit travel time to the southern city expansion area would be improved if a 5th southern
station is established. Several fire station locations were modeled and this option provided the
greatest amount of existing and expansion area coverage.
Again, note that the internal street network of various development projects, such as Avila
Ranch, are not shown or calculated in total road miles, covered or uncovered. The total City
road miles will increase from 161 miles as development occurs. Without the fifth fire station, the
percent of uncovered road miles would decrease from the current 92%. With the fifth fire station
option illustrated below, the current gap of 13 miles of 4-minute response coverage would come
within the 4-minute response coverage, and most, if not all, of the subsequent internal street
network would also be covered within 4 minutes.
The scope of work to finalize the update of the Fire Master Plan includes the estimated costs to
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both construct and operate fire protection services to adequately serve the southern part of the
City at full build out. The report is likely to conclude that new revenue generated from
development will not be adequate to finance the incremental per capita costs for fire protection
services. Hence, the consultant will analyze any alternative financing options based on a set of
focus questions poised at the end of this report.
5. Findings from the September 2014 LUCE Final Environmental Impact Report (EIR)
The LUCE Final EIR report addresses the adequacy of fire protection services in the developing
areas. The following four excerpts from the LUCE Final EIR are particularly germane:
The analysis subsequently determined that development identified by the
proposed LUCE Update would increase the demand for fire protection services
and that environmental impacts likely to result from the construction of a new fire
station in the southern portion of the city to address the increase demand would be
reduced to a less than significant level with the implementation of applicable
general plan policies (p. 2-194).
Non‐compliance with the four‐ minute response standard could result in a finding
of inconsistency with Safety Element Policy 3a, which was adopted with the
intent of reducing potential fire service‐related impacts to a less than significant
level. However, the existing permissive language of the policy does not require
that new development be consistent with the policy (p. 2-194).
The analysis provided by the Draft EIR indicates that Fire Department response
time deficiencies would occur in the southern portion of the City. Consequently,
it may be inferred that properties in the southern portion of the City would be the
primary beneficiaries of developing a new fire station. However, the proposed
policy identified by mitigation measure PS‐1 would apply city‐wide and it is not
appropriate for the EIR to identify specific properties that would derive benefit
from the construction and operation of a new fire station (p. 2-195).
The EIR does not provide a detailed evaluation of incremental fire service impacts
that could result from individual future development projects. A detailed
assessment of potential incremental/cumulative fire protection service impacts
would be conducted as part of a project‐specific environmental review, which
would be required for future development consistent with the requirements of
CEQA and City Policy 12.3.11 Environmental Review (p. 2-195)
Given the pace of development and the cumulative potential demand on fire service, this process
was undertaken to take a comprehensive approach to addressing the emergency service needs
and challenges in this area that could potentially affect response times throughout the rest of the
City.
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Policy Questions for the City Council
The purpose of this study session item is to listen to the Council and community on their
responses to the issues and preliminary data presented. Citygate and Fire Department leadership
will gather the feedback and guidance provided by Council and the community to better define
the issues and the universe of solutions for risk assessment and coverage. The following
questions are proposed as a guide for that discussion:
1. Should the 4 minute emergency response time policy be revised to define it as travel time
for Code 3 calls for service?
2. When revenues are adequate to fund the construction and operation of a fifth fire station
that does not result in diminishing per capita City service levels for other City services
such as parks, public works, and law enforcement, shall the City pursue the construction
and staffing of a fifth fire station in the southern area of the City in order to enhance the
probability of achieving established response time standards?
3. Should the City explore options for incrementally addressing emergency response
coverage gaps, such as initially addressing the medical response gap with a differently
staffed and configured crew, and building toward full fire, rescue and medical services as
the region develops and additional funding is realized?
4. Should the Master Plan consider land based financing models, such as a Community
Facilities District, to finance any funding gap so that new development pays its fair share
for building and operating a fifth fire station?
CONCURRENCES
Community Development staff have assisted with and reviewed development -related aspects of
this report.
FISCAL IMPACT
None at this time. The Fire Department Master Plan update is on schedule and within budget.
NEXT STEPS
1. Complete the study based on feedback and final response coverage models;
2. Have the master plan project fiscal consultant model different possible revenue
tools to allow new development to pay its fair share and mitigate the impacts to
provide coverage consistent with City policies.
3. Prepare a comprehensive draft report that will identify emergency response
recommendations of various operational models for emergency services including
cost effectiveness and operational effectiveness. A summary of options and
recommendations to fund any additional ongoing services costs will be included.
A summary of the findings and recommendations will be provided to the City
Council and any proposed fees and or funding will be considered in conjunction
with the update of all Development Impact Fees currently being evaluated and
updated as part of the Housing Major City Goal.
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Attachments:
a - SLO Fire MP PC Briefing Client Final
b - Planning Commission Minutes 08-12-2015
c - Safety Element 2014
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1
8/18/2015
www.citygateassociates.com | (916) 458-5100
Fire Master Plan Update
Preliminary Results Briefing
Presented to the Planning Commission – August 12, 2015
City of San Luis Obispo, CA
The Business of Better Government
SLIDE 1
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•Project Preliminary Findings
–Incident Response Times
–Southern City and In-fill Growth Assessment
–Travel Time Measures Using GIS Mapping
•Next Steps
–Feedback
–Complete Study
–City Council Review
Agenda
SLIDE 2
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•Last Plan was completed in 2009 and identified the
probable need for a 5th fire station as/if southern City
growth occurred
•Process uses the “Standards of Response Cover”
approach:
–Risks to be protected
–Community desired outcomes
–Prior incident response times analysis
–Geographic mapping of station coverages
–Future likely City development
•Result is a progressive plan that aligns growth impacts
to desired results and funding for fire protection and
EMS 1st response
Fire Master Plan Update
SLIDE 3
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•National Fire Protection Association Standard
#1710 for career fire agencies recommends 4
minutes travel time to 90% of serious incidents
•Year 2000 City General Plan Safety Element
discussed, but did not adopt a policy of 4 minutes
at 95%, and did not define the clock start time for
the 4 minutes
•Citygate recommends 7 minutes at 90%:
–1 min. dispatch; 2 min. turnout; 4 min. travel
•There are no federal or state minimum standards
Outcome Policies
SLIDE 4
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•Fire doubles every minute of free burn in a
building. Is the desired outcome to limit the fire
to the room, area, building, or parcel of origin?
•In severe medical emergencies, where
circulation and/or breathing cease, brain death
can start in minutes, and be fatal in 4-6 minutes
•Deployment is about the speed and weight of
attack
What Drives Outcomes?
SLIDE 5
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Response Time Statistics Headlines
SLIDE 6
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Response Times Department Wide @ 90%
Type 2014 FY 07/08
911 Answer to Arrival 09:05 09:00
Call Processing 02:11 02:30
Turnout 02:39 02:30
1st Due Travel 05:40 05:15
1st Alarm 911 Answer to Arrival 16:26 -
1st Alarm Travel; 4th Arriving Unit 07:42-15:26 -
The date range is 5/1/2014 - 4/30/2015. In 2014, City “Code-3” incidents were used.
In 2008, all incident types were used.
SLIDE 7
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Incident Volume
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Response Time Performance
SLIDE 9
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Risk Assessment Update
SLIDE 10
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•The City continues to evolve, more rapidly post recession
•There are approximately 46,500 residents now; this could
increase to 51,000 by 2025
•There are approximately 45 projects in the development
pipeline, many in the southern areas
•Cal Poly is planning to add facilities, housing, and up to
5,000 students over the mid-term
•Other in-fill projects will add incident demand in the
central and northern City areas
Growth Patterns
SLIDE 11
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Initial GIS Models
SLIDE 13
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•Two cost components: facility/apparatus and
staffing
•Two different tools and sources exist:
–Development impact fees for station/apparatus
–General Fund and/or small, focused assessment zones
for staffing
•Considerable additional development might have
to occur before the General Fund can support the
5th fire crew staffing cost
•The City may need to phase staffing and start
with a smaller EMS-only squad
Fire Station 5 Financing
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•Equity of response time to all neighborhoods?
•The Commission’s perspective of a service
gap, or not in the southern central city?
•Best fit location of a 5th Fire Station?
•Timing of a 5th Station – early additional
development or closer to build out?
•Possible financial strategies for funding a 5th
station and crew costs?
Discussion Topics
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•Obtain feedback on the 5th Fire Station need and
location
•What are the considerations moving forward with this
project?
•Study session with Council to hear their input
•Complete the Fire Master Plan Update Report
•Commence the fiscal study on fire service impact fees
and possible revenue sources for staffing
•Report to the City Council with recommended added
station triggers and funding options for their policy
direction
Project Next Steps
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Questions and Discussion
What do we need to consider as we focus on this issue
to ensure our research and recommendations meet
the community’s needs?
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Punning Commission Minutes
4
Wednesday, August 12, 2015
Regular Meeting of the Planning Commission
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, August 12, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm
Street, San Luis Obispo, California, by Chair Larson.
ROLL CALL
Present: Commissioners Michael Draze, John Fowler, Ronald Malak, and
Chairperson John Larson
Absent: Commissioners Hemalata Dandekar, William Riggs, Vice - Chairperson
Michael Multari
Staff
Present: Deputy Community Development Director Kim Murry, Assistant Planner
Walter Oetzell, Fire Chief Garret Olson, Interim Assistant City Attorney
Anne Russell, and Recording Secretary Sarah Reinhart
ACCEPTANCE OF THE AGENDA
The agenda was accepted as presented.
MINUTES
By consensus, consideration of the minutes of July 22, 2015 was postponed to the next
regular meeting.
PUBLIC COMMENTS ON NON - AGENDA ITEMS
Chair Larson noted that public correspondence was received from GR Flores, San Luis
Obispo, regarding the closure of the downtown Shell station.
There were no members of the public desiring to speak.
PUBLIC HEARINGS
1. 159 Broad Street. AP -PC 32 -14: An appeal of the Community Development
Director's decision approving a minor subdivision of a 14 -acre parcel into 4 parcels
and a 13.27 -acre remainder parcel, with a categorical exemption from California
Environmental Quality Act; R -1 zone; Cheryl McLean and Andrew Christie,
appellants; Andre, Morris, & Buttery, applicant.
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Chair Larson announced that due to a noticing error, this hearing would be
postponed to a date uncertain.
PUBLIC COMMENTS
David Hafemeister, San Luis Obispo, advised that he does not oppose to proposed
subdivision of the four lots, but is concerned that it will lead to future development
on the 13.27 acre reminder parcel.
body Vollmer, San Luis Obispo, voiced concerns that a hearing notice was not
posted on Bressi Place in addition to Broad Street; requested that public hearing
notices be mailed to residents within 300 feet of the project site.
Cheryl MacLean, Appellant, San Luis Obispo, expressed dissatisfaction that there
has been confusion related to her appeal and an error has occurred in the noticing
of the hearing.
There being no others desiring to speak, Chair Larson continued the public hearing
for future testimony at the duly noticed hearing.
COMMISSION COMMENTS
In response to Commission inquiry, Community Development Deputy Director
Murry explained that a noticing error occurred and that staff is recommending that
the matter be continued to a date uncertain to allow staff to resend public
notifications; advised that staff will investigate if there was a process error and will
take appropriate corrective action in the future.
On motion by Commissioner. Draze, seconded by Commissioner Malak, the
Commission continued this item to a date uncertain and accepted the written
correspondence and public testimony into the record.
AYES: Commissioners Draze, Fowler, Malak, and Larson
NOES: None
RECUSED: None
ABSENT: Commissioners Dandekar, Riggs, and Multari
The motion passed on a 4:0 vote
STUDY SESSION
Fire Master Plan Update
Fire Chief Olson and Stewart Gary, of Citygate Associates, narrated a PowerPoint
presentation entitled "Fire Master Plan Update" and summarized preliminary
findings on fire service policy implications and service -level options; requested
feedback relative to questions of response time equity, perceived service gaps,
preferred location for a potential fifth fire station, timing of when development should
trigger construction of the fire station; and potential funding strategies.
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COMMISSION COMMENTS
Commissioner Draze conveyed that citizens are sometimes reluctant to support
expenditures perceived to only benefit new development areas, noting that Council
will be challenged to identify funding sources for a new fire station and crew.
Commissioner Draze requested clarification of methodology to identify potential
locations for fifth fire station, and capacity of existing resources to address
community needs.
In response to Commissioner Draze's inquiries, Fire Chief Olson and Mr. Stewart
explained that the recommended fifth fire station would significantly expand the
area of the City which could be serviced within four minutes travel time; explained
that the high volume of calls near Santa Rosa and Foothill Avenue correlate to
areas with more dense concentrations of residential apartment complexes and
elder care facilities.
In response to Commissioner Fowler's inquiry, Deputy Community Development
Director Murry stated the City does not currently have a fire impact fee assessed
for new projects, noting that is will be considered as part of the Infrastructure Fee
study planned for the upcoming calendar year.
Commissioner Fowler questioned whether the City could take intermediary steps
to expand capacity at existing fire stations in an effort to defer the need for a fifth
fire station. Fire Chief Olson explained that an analysis of expanding existing
resources and /or relocating a fire station has been evaluated and determined that
based on the City's geography there will be a coverage gaps without a fifth fire
station. He also noted that the department has taken steps to increase
responsiveness by providing early notification during emergency calls and by using
quickest route" software that dispatches closest resources to an emergency call.
Chief Olson and Mr. Stewart noted that a four - minute travel response time is a
national best - practice, however, the Council may adopt any policy standard
reasonable for the community.
In response to Commissioner Malak's inquiries, Fire Chief Olson explained that a
full fire crew and apparatus are deployed to every call because responders do not
know what tools may be needed to address an emergency and it also allows them
to be ready for another call without the need to return to the station for additional
equipment; advised that it is unlikely that Cal Poly would be moving toward
establishing their own fire station, noting that several other California Universities
have moved towards consolidation with City fire departments.
Chair Larsen pointed out that there are no federal or state requirements relative to
fire response standards but the National Fire Protection Association recommends
a four minute travel time; noted that the General Plan should to be clarified to
reflect the community's expectations for fire service.
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Commissioner Draze suggested that equity of response time for service may be
phased in to developing areas since new structures require sprinklers and
demographics of newer neighborhoods tend to generate fewer service calls. He
further opined that it could be deemed equitable to the community to have less
than four minute response times in the central portion of the City and 5 -6 minute
response times in the southern portions of the City during the early years of
development. As development ages, more equal response times may be needed
and the City should be aware of locations of high risk populations needing service.
Commissioners Fowler and Malak and Chair Larson concurred with the points
made by Commissioner Draze regarding equitable fire service in the City.
Commissioner Fowler encouraged staff to continue to explore both short- and long-
term options to improve fire response times.
There were no further comments made from the Commission.
COMMENT AND DISCUSSION
3. Staff:
a. Agenda Forecast
Community Development Deputy Director Murry provided an agenda forecast
of upcoming items.
4. Commission:
None.
ADJOURNMENT
The meeting adjourned at 7:45 p.m.
Respectfully submitted,
Sarah Reinhart
Recording Secretary
by the Planning Commission on August 26, 2015.
RoiRony i
City Clerk
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Chapter 5
SAFETY
Adopted: July 5, 2000
Last Revised: December 9, 2014
(Council Resolution No. 10586, 2014 Series)
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Please see the next page.
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CHAPTER 5 - SAFETY ELEMENT
TABLE OF CONTENTS
1. SAFETY GOALS ................................................................................................................................................... 5-7
2. FLOODING ............................................................................................................................................................ 5-7
2.0. POLICIES ................................................................................................................................................... 5-9
2.1. Policy S: Flood Hazard Avoidance and Reduction .................................................................................... 5-9
2.2. Policy: Water Impoundments ................................................................................................................... 5-10
3. FIRE ..................................................................................................................................................................... 5-10
3.0. Adequate Fire Service .............................................................................................................................. 5-11
3.1. Wildland Fire Safety ................................................................................................................................. 5-11
4. EARTHQUAKES AND OTHER GEOLOGIC HAZARDS ................................................................................... 5-13
4.0. Surface Rupture ....................................................................................................................................... 5-15
4.1. Ground Shaking ....................................................................................................................................... 5-15
4.2. Settlement and Liquefaction .................................................................................................................... 5-17
4.3. Slope Instability and Landslides ............................................................................................................... 5-17
4.4. Damage-prone Buildings.......................................................................................................................... 5-17
4.5. Policy: Avoiding Faults ............................................................................................................................. 5-19
4.6. Policy: Avoiding Slope Instability ............................................................................................................. 5-19
4.7. Policy: Avoiding Liquefaction Hazards ..................................................................................................... 5-19
5. HAZARDOUS MATERIALS ................................................................................................................................ 5-19
5.0. Radiation Hazards .................................................................................................................................... 5-19
5.1. Other Hazardous Materials ...................................................................................................................... 5-20
5.2. Policy: Minimizing Hazardous Materials Exposure .................................................................................. 5-20
5.3. Policy: Hazardous Materials in City Operations ....................................................................................... 5-20
6. ELECTROMAGNETIC FIELDS .......................................................................................................................... 5-20
6.0. Policy: Exposure to Electromagnetic Fields ............................................................................................. 5-21
6.1. Policy: Notification to Buyers Near Electromagnetic Fields ..................................................................... 5-22
7. AIRPORT HAZARDS .......................................................................................................................................... 5-22
7.0. Policy: Uses in the Airport Land Use Plan Area ..................................................................................... 5-23
8. HAZARDOUS TREES ......................................................................................................................................... 5-23
8.0. Policy: Hazardous Trees .......................................................................................................................... 5-23
8.1. Program: Hazardous Trees ...................................................................................................................... 5-23
9. AVOIDING AND PREPARING FOR EMERGENCIES IN GENERAL ................................................................ 5-25
9.0. Policy: Avoiding and Mitigating Hazards [reworded from the Open Space Element] .............................. 5-25
9.1. Policy: Emergency Preparedness and Response ................................................................................... 5-25
9.2. Program: City Activities ............................................................................................................................ 5-25
9.3. Program : Response Performance Standards ......................................................................................... 5-25
9.4. Program: Staff Training ............................................................................................................................ 5-26
9.5. Program: Specific Emergency-Response Information ............................................................................. 5-27
9.6. Program : Coordinated Emergency Planning .......................................................................................... 5-27
9.7. Program: Emergency Operations Center ................................................................................................. 5-27
9.8. Program: Information and Planning Updates ........................................................................................... 5-27
9.9. Program : City Emergency Plan ............................................................................................................... 5-27
9.10. Program : Mutual and Automatic Aid ....................................................................................................... 5-28
9.11. Program : Disaster Recovery ................................................................................................................... 5-28
9.12. Policy : Critical Facilities Locations .......................................................................................................... 5-28
9.13. Policy : Emergency Access and Evacuation ............................................................................................ 5-29
9.14. Policy: Preparedness Education .............................................................................................................. 5-29
9.15. Program : Citizen Information and Training ............................................................................................. 5-30
9.16. Program : Other Organizations ................................................................................................................ 5-30
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9.17. Program : Voluntary Inspections .............................................................................................................. 5-30
9.18. Policy : Safety of Structures and Facilities ............................................................................................... 5-30
9.19. Program : Reducing Structural Hazards .................................................................................................. 5-30
9.20. Program : Planning Standards ................................................................................................................. 5-30
9.21. Program : Development Review .............................................................................................................. 5-31
9.22. Program : Building and Fire Regulations ................................................................................................. 5-31
9.23. Program : Required Inspections .............................................................................................................. 5-31
LIST OF FIGURES
Figure 1 Flood Hazards ..................................................................................................................................... 5-8
Figure 2 Fire Hazard Severity Zone ................................................................................................................. 5-12
Figure 3 Earthquake Faults – Local Area ........................................................................................................ 5-14
Figure 4 Earthquake Faults – Regional Area .................................................................................................. 5-16
Figure 5 Ground Shaking & Landslide Hazards .............................................................................................. 5-18
Figure 6 Power Lines and Power Plant ........................................................................................................... 5-21
Figure 7 Airport Influence Area ........................................................................................................................ 5-24
LIST OF TABLES
No tables in this element.
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Safety
Introduction
The City’s General Plan guides the use and protection of various resources to meet community purposes. It reflects
consensus and compromise among a wide diversity of citizens’ preferences, within a framework set by State law. The
General Plan consists of sections, called elements, which focus on certain topics.
In 1975 the California Legislature made a safety element and a seismic safety element mandatory parts of the General
Plan. Cities and counties were to adopt, at a minimum, policies concerning fire, flooding, and geologic hazards. San Luis
Obispo adopted its first Seismic Safety Element in 1975, and its first Safety Element in 1978. In 1984 the Legislature
expanded the list of hazards that were to be covered and encouraged their combination in a single element. According to
the legislation, the safety element should provide direction to help reduce death, injuries, property and environmental
damage, and the economic and social dislocation resulting from natural hazards. While the element is required to focus
on fire, flooding, geologic, and seismic hazards, jurisdictions may address any relevant safety issues that are considered
important.
This Safety Element focuses on achieving acceptable levels of risk through decisions on land use and the form of
development, with consideration for the closely related factor of transportation. Other public efforts deal with other
types of threats to health and safety, such as crime, use of alcohol, tobacco, and other drugs, exposure to ultraviolet light,
the use of weapons, and the design and operation of vehicles. The Land Use Element of the General Plan prescribes land
uses within the planning area, as well as standards for population density and building intensity. To avoid unacceptable
risk, the Land Use Element must respond to the hazard evaluation of the Safety Element. By limiting development
intensity in areas that may be subject to significant geologic and other hazards, risks can be minimized. One of the
purposes of the Open Space Element is to preserve open land for public health and safety.
This Safety Element provides a broad survey of hazards in the San Luis Obispo area, to be used for general land use
planning. This information does not take the place of site evaluations by qualified professionals. Several of this element’s
goals, policies, and programs will be implemented through City review of individual development proposals and site
assessments.
In the General Plan, a goal is the desired end state or condition that the community would like to achieve. A policy
describes an approach to achieving the goals. A program is a specific action the City intends to take to implement policies.
Numbering of goals, policies, and programs is for ease of reference, and does not imply relative importance.
The Nature of Risk
People living, working, or visiting in San Luis Obispo are subject to a variety of hazards. San Luis Obispo wants to avoid the
loss of life, property, and prosperity that can result from disasters, and to accomplish a rapid recovery from unavoidable
disasters. Some hazards are caused by natural processes, some by people’s activities, and many by a combination of both
factors. Natural hazards are processes such as earthquakes, landslides, flooding, and lightning-set fires, which have been
occurring for millions of years. They have helped create the landscape of San Luis Obispo, and become disasters only
when they disrupt people’s lives. Other hazards result from technology, such as aircraft crashes and the use and transport
of toxic materials. Many disasters result from a combination of natural processes and people’s choices: developing in
flood-prone areas; grading that triggers landslides; building and occupying structures that collapse in an earthquake.
People have become so dependent on the benefits of modern technology that it would be undesirable to eliminate man-
made hazards. Usually, little can be done to prevent natural disasters. (However, there is mounting evidence that human
activity is changing the atmosphere, resulting in global warming that may cause more extreme weather conditions, and
therefore risks of flooding and wildland fire, in Central California. Reducing “greenhouse” gas emissions may therefore
reduce the severity of some disasters.)
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To minimize loss from disasters, resources must be committed. While it would be desirable to provide the maximum level
of safety for all hazards, this is generally not feasible. Resources for disaster avoidance, preparedness, and recovery
compete with desires for other services. Community efforts to avoid unacceptable risks may conflict with individual’s
desires to use land in certain ways. So, risk-control standards must meet the constitutional test of proper regulation: that
there is a clear connection between regulation and the public purpose it serves.
The community can define acceptable risk levels and make choices to achieve them. Risk is part of everyday life. Almost
all activities have some degree of risk, and there is no hazard-free environment. The cost of providing protection generally
increases with the severity of the hazard and the level of risk reduction that is desired. At some point, the cost of
providing protection –either in dollars or in opportunities foregone– becomes prohibitive when compared to the benefits
derived. “Acceptable risk” is the level of risk below which no specific action by government is deemed necessary to
protect life and property. “Unacceptable risk” is the level of risk above which specific action by government is deemed
necessary to protect life and property.
An “avoidable risk” is one that can be eliminated while achieving other individual or public objectives.
Scientific expertise can predict the magnitude of a disaster and its probable effects, and can estimate the probability that
it will occur. But the public ultimately decides what level of risk is acceptable as well as the acceptable methods for
avoidance and protection. In evaluating acceptable risk, the following factors are considered:
Severity of loss: Will the loss from an event be large or small? Consequences include injury, loss of life, property, and
function, and environmental damage.
Probability of loss: How often is the event expected to occur? Many disasters have an inverse relationship between
magnitude and frequency: small losses occur frequently, large ones less often.
Capacity to reduce risk: What methods and resources are available to reduce the risk?
Adequacy of knowledge: How well do we understand the magnitude of the loss-causing event, its consequences, and the
probability of it occurring?
Additional information on hazards in the San Luis Obispo area can be found in the Technical Background Report for the
San Luis Obispo County and Cities Safety Element (June 1999). Additionally, the City of San Luis Obispo Local Hazard
Mitigation Plan presents a comprehensive risk assessment of natural hazards that have the potential to affect the City of
San Luis Obispo. The Local Hazard Mitigation Plan was developed by the City in accordance with the Federal Disaster
Mitigation Act of 2000, adopted by the City Council and approved by the Federal Emergency Management Agency. The
Local Hazard Mitigation Plan suggests possible mitigation actions for reducing the effects of potential hazards. It is
incorporated by reference into the Safety Element and should be consulted when addressing known hazards to ensure
the general health and safety of people within the City of San Luis Obispo. The goals and policies within this Safety
Element support and are consistent with the recommended mitigation strategy within the Local Hazard Mitigation Plan.
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1. SAFETY GOALS
1. Minimize injury and loss of life.
2. Minimize damage to public and private property.
3. Minimize social and economic disruptions resulting from injury, death, and property damage.
2. FLOODING
Flooding occurs in response to heavy rainfall, when creeks and drainage channels overflow. Flooding may also occur in
low-lying areas that have poor drainage, or when culverts become blocked, even during moderate storms. Flood severity
can be increased by fires in the watershed, structures or fill placed in flood-prone areas, and increased runoff resulting
from development of impervious surfaces (such as parking lots, roads, and roofs). Flood plains are usually described as the
area that has a one percent chance of being submerged in any year, which
is often called the “100-year flood.”
The 100-year floodplain in the San Luis Obispo area is shown by maps on
file at the Community Development Department and the Public Works
Department, and is generally indicated in Figure San Luis Obispo Creek and
several tributaries flow through San Luis Obispo. In the San Luis Obispo
area, floods cause damage by submerging structures, utilities, and vehicles,
and by eroding channels and undermining structures. Floods in 1969, 1973,
and 1995 caused substantial property damage. Local waterways typically
reach and then decline from flood stage in a matter of hours.
In 1969, floodwaters covered the intersection of
Higuera and Marsh streets and damaged several
businesses in the area.
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Figure 1 Flood Hazards
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San Luis Obispo is not subject to inundation from dam failure, beach erosion, or coastal or lakefront flooding due to
earthquake-induced waves (tsunami or seiche). However, the Whale Rock pipeline that brings water to the city is
potentially subject to damage from tsunami in the vicinity of Cayucos and Morro Bay. Sudden failure of Whale Rock Dam
(owned and operated by the Whale Rock Commission) or Salinas Reservoir (owned by the Federal government and
operated by the County) could cause disastrous flooding for communities immediately downstream, and would severely
reduce the City’s water supply.
Several large tanks on hillsides around the city store treated water for domestic use and fire suppression (Figure 1). A
strong earthquake could damage the tanks. Sudden failure of such a tank, which is very unlikely, would cause localized
flooding and erosion immediately downstream from the tank, in addition to interrupting water distribution. The tanks
located on the South Hills and on Islay Hill, which were set into the ground partly for esthetic reasons, pose a minimal
hazard.
The City’s Flood Damage Prevention Regulations and Federal Flood Insurance standards require new building floors to be
above the 100-year flood level, while not displacing floodwaters in a way that would raise flood levels. They also are
intended to keep floating debris and other made-made obstructions out of floodways.
2.0. POLICIES
2.1. Policy S: Flood Hazard Avoidance and Reduction
A. The City will develop and carry out environmentally sensitive programs to reduce or eliminate the
potential for flooding in previously developed, flood-prone areas of the city.
B. The City should allow flood waters to move through natural channels. Flow should be accommodated by
removing debris and man-made obstructions. The City recognizes that many natural channels cannot
contain runoff from a storm greater than a 25-year event. Areas flooded by storms as large as a 100-year
event will be mapped.
C. No new building or fill should encroach beyond, or extend over, the top-of-bank of any creek.
D. Within predominantly developed areas (such as downtown) infill, remodel, and replacement projects
should not displace more flood water than previous structures on the site or in the vicinity. Commercial
buildings may be flood-proofed where providing floor levels above the 100-year storm flow is not
appropriate due to adjacent improvements. New infill buildings may be required to have greater
setbacks than their older neighbors.
E. Within new development areas, such as the potential expansion areas shown in Figure 2 of the Land Use
Element, substantial displacement of flood waters should be avoided by:
1. Keeping a substantial amount of flood-prone land in the vicinity as open space;
2. Enlarging man-made bottlenecks, such as culverts, which contribute to flood waters backing up from
them;
3. Accommodating in such places uses which have relatively low ratios of building coverage to site area,
for which shallow flooding of parking and landscape areas would cause minimum damage.
4. Requiring new buildings to be constructed above the 100-year flood level.
F. Creek alternations shall be considered only if there is no practical alternative, consistent with the
Conservation and Open Space Element.
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G. Development close to creeks shall be designed to avoid damage due to future creek bank erosion.
Property owners shall be responsible for protecting their developments from damage caused by future
bank loss due to flood flows.
2.2. Policy: Water Impoundments
The design and review of proposed water reservoirs, ponds, and tanks, will conform to State standards for
seismic safety and will include an evaluation of potential inundation areas.
3. FIRE
Fires cause significant losses to life, property, and the environment. They occur in both urban and rural settings. Urban
fire hazards result from the materials, size, and spacing of buildings, and from the materials, equipment, and activities
they contain. Additional factors are access, available water volume and pressure, and response time for fire fighters. Fire
hazards in rural areas, or on the edge between urban and rural land, combine these factors with land slope and natural
and modified vegetation. The mosaic of grassland, scrub and chaparral, and oak woodland around San Luis Obispo has
been shaped by, and to some extent depends on, fire. Where the burning of natural vegetation is a threat to people’s lives
and property, plant fuels are often managed by replacement planting, grazing, plowing, or mechanical clearing.
“Wildland” is a shorthand description for areas characterized by low density development, concentrations of natural
vegetation and steeper slopes. Wildland areas may be subject to significant fire hazard due to natural vegetation’s
properties as fuel, and the steepness of the land, which affect how fast fire spreads and may limit access for fire-fighting.
San Luis Obispo faces wildland fire hazards due mainly to its climate and to the steeper hillsides around the city. Areas
with high wildland fire hazard include the Irish Hills, Santa Lucia foothills, Cerro San Luis Obispo, Bishop Peak, and Islay Hill
(Figure 1). Fire hazards in wildlands are often compounded by their distance from firefighting resources.
Fuel modification in conjunction with appropriate construction techniques may reduce the risk of wildland fires spreading
to the urban environment. In 2009 the City Fire Department in cooperation with the Natural Resource Manager
contracted with the Cal Fire Cuesta Camp Hand Crew to clear or modify natural fuels in the Cerro San Luis, Irish Hills, and
Bowden Ranch Open Space. Currently the City has contracts with the Cuesta Crew to modify fuels in open space areas by
French Hospital and the Johnson/Fixlini areas. The fire department aims to reduce fire risk through its weed-abatement
program, which covers all wildland areas within the city’s jurisdiction. The department also works with the County, which
has a State and locally approved fire management plan that coordinates among a number of State, regional, and county
agencies.
Construction techniques, including the use of ignition resistant materials and building design that can resist the intrusion
of flame or burning embers projected by a vegetation fire (wildfire exposure) reflect other efforts California communities
have made to avoid the repeating cycle of interface fire disasters.
Very High Fire Hazard Severity Zones
Government Code Sections 51175 through 51189 require identification of land within very high fire hazard severity zones
so that public officials are able to identify measures that will mitigate uncontrolled fires that threaten to destroy
resources, life, or property, and to require that those measures be taken. Property within these zones is required to
utilize Wildland-Urban Interface Fire Area Building Standards to minimize the threat of property damage in the event a
wildfire occurs in close proximity to these properties. The objective of the Wildland-Urban Interface Fire Area Building
Standards is to establish minimum standards for materials and construction to provide a reasonable level of exterior
wildfire exposure protection for buildings in Very High Fire Hazard Severity Zones and other areas designated by the City
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Council after a public hearing. The City has decided not to create Wildland-Urban Interface Fire Zones within its
jurisdiction.
3.0. Adequate Fire Service
Development shall be approved only when adequate fire suppression services and facilities are available or will
be made available concurrent with development, considering the setting, type, intensity, and form of the
proposed development.
3.1. Wildland Fire Safety
A. Wildland fire hazard severity zones shall be classified as prescribed by Cal Fire. Areas within the City,
including “Very High” Fire Hazard Severity Zones, if any, shall be classified by the City’s Fire Code Official
based on findings supported by substantial evidence in the record as required by Government Code
Section 51179 and considered by City Council at a public hearing. Meaningful, early notification and input
shall be obtained from nearby neighborhoods which may be affected.
B. New subdivisions shall be prohibited in areas of “Very High” wildland fire hazard as shown in Figure 2
unless part of conservation or open space acquisition program. Development of existing parcels shall
require a development plan to manage fuels, maintain a buffer zone, and provide adequate fire
protection to the approval of the Chief Building Official. The development plan must be consistent with
Policies required by the City’s Conservation and Open Space Element.
C. The City of San Luis Obispo is considered a “Community at Risk” due to the threat of wildfire impacting
the urban community. The City shall continue to enhance the fire safety and construction codes for new
buildings in order to reduce the risk of urban fires that may result from wildfires. Citywide building code
enhancements should include: Fire resistant exterior wall coverings; Sprinkler protection in attic areas;
and Ember resistant vent systems for attics and under floor areas and other provisions identified in the
California Building Code Chapter 7A.
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4. EARTHQUAKES AND OTHER GEOLOGIC HAZARDS
Overview
Geologic conditions encompass the form of the ground surface, the composition of the soils, rocks, and water at the
ground surface and below, and the long-term movement of the Earth’s crust and mantle. These conditions determine the
stability of the ground at a site, and how that site will respond to changes caused by people and by the natural forces of
earthquakes and weather.
The frequency and strength of earthquakes depend on the
number and type of faults that pass through an area. San Luis
Obispo is located in a geologically complex and seismically
active region. Seismic conditions here have the potential to
result in significant harm to people and property. Some fault
locations and characteristics have been identified. However,
recent earthquakes in California have shown that not all active
faults are revealed by surface features. Safety precautions
should be based on known factors, as well as an awareness of
the limitations to current knowledge. The Safety Element must
consider two of the direct effects of an earthquake: rupture of
the ground surface along a fault, and ground shaking that
results from fault movement. Other hazards associated with
earthquakes are settlement, liquefaction, landslide, collapse of
structures, fires, and flooding from dam failure.
Numerous faults transect valleys and hillside areas in San Luis
Obispo.
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Figure 3 Earthquake Faults – Local Area
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4.0. Surface Rupture
Surface rupture refers to the top of the ground moving unevenly along a fault: one side moves horizontally,
vertically, or both, with respect to the other side. It typically occurs within an area of linear traces along previous
ruptures, which mark a fault zone, and often in concert with movement on adjacent or intersecting faults.
Rupture of the ground surface along a fault trace typically occurs during earthquakes of about magnitude 5 or
greater. Surface rupture endangers life and property when structures or lifeline facilities are located on, or cross
over, a fault.
The Los Osos Fault, adjacent to the City of San Luis Obispo, is identified under the State of California Alquist-Priolo
Fault Hazards Act (Figure 3). This fault’s main strand lies near the intersection of Los Osos Valley Road and Foothill
Boulevard. It has been classified as active within the last 11,000 years. Additional site-specific studies may find
other segments of the fault, in which case it would be appropriate for the California Department of Mines and
Geology to expand the zone. The Los Osos Fault presents a high to very high fault rupture hazard to development
and facilities in the Los Osos Valley.
Other faults in the vicinity of San Luis Obispo are the West Huasna, Oceanic, and Edna faults. These faults are
considered potentially active and present a moderate fault rupture hazard to developments near them. Figure 3
shows the locations of faults in the immediate San Luis Obispo area.
4.1. Ground Shaking
Ground shaking refers to the vibration that occurs in response to displacement along a fault. Typically, ground
shaking has a side-to-side component as well as a vertical component, with the actual movement depending on
the type of fault, a site’s distance from the fault, and the rock and soil conditions at the site. Shaking endangers
life and property by damaging or destroying structures and lifeline facilities.
Several faults are capable of producing strong ground motion in San Luis Obispo. These are the Los Osos, Point
San Luis, Black Mountain, Rinconada, Wilmar, Pecho, Hosgri, La
Panza, and San Andreas faults (Figure 4). The San Andreas Fault
and the offshore Hosgri Fault, which present the most likely
source of ground shaking for San Luis Obispo, have a high
probability of producing a major earthquake within an average
lifespan. The highest risk from ground shaking is found on deep
soils that were deposited by water, are geologically recent, and
have many pore spaces among the soil grains. These are
typically in valleys (Figure 5).
Engineering standards and building codes set minimum design
and construction methods for structures to resist seismic
shaking. Model standards and codes are typically updated every
few years at the recommendation of professional advisors, in
response to review of the performance of structures and
lifelines that have been subject to recent earthquakes. Local
governments then amend or replace their codes to reflect those
required by State law or recommended.
In many hillside areas, slopes are unstable and prone to
settlement and erosion once soils are saturated from rain or
landscape irrigation. Such erosion contributes to sedimentation
of local creeks.
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Figure 4 Earthquake Faults – Regional Area
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4.2. Settlement and Liquefaction
In this context, settlement means the ground supporting part of a structure or facility lowers more than the rest
or becomes softer, usually because ground shaking reduces the voids between soil particles (and often with
groundwater rising in the process). The result can be more strain on the supporting features than they were built
to withstand, leading to cracked walls or floors and broken water and sewer lines. Liquefaction is the sudden loss
of the soil’s supporting strength due to groundwater filling and lubricating the spaces between soil particles as a
result of ground shaking. Soils with high risk for liquefaction are typically sandy and in creek floodplains or close
to lakes. In extreme cases of liquefaction, structures can tilt, break apart, or sink into the ground. The likelihood
of liquefaction increases with the strength and duration of an earthquake
The soils in the San Luis Obispo area that are most susceptible to ground shaking, and which contain shallow
ground water, are the ones most likely to have a potential for settlement and for liquefaction (Figure 5). The
actual risk of settlement or liquefaction needs to be identified by investigation of specific sites, including
subsurface sampling, by qualified professionals. Previous investigations have found that the risk of settlement for
new construction can be reduced to an acceptable level through careful site preparation and proper foundation
design, and that the actual risk of liquefaction is low. (An example is the City’s fire station at Madonna Road and
Los Osos Valley Road.)
The building code requires site-specific investigations and design proposals by qualified professionals in areas
that are susceptible to settlement and liquefaction.
4.3. Slope Instability and Landslides
Slope instability can occur as a gradual spreading of soil, a relatively sudden slippage, a rockfall, or in other forms.
Causes include steep slopes, inherently weak soils, saturated soils, and earthquakes. Improper grading and man-
made drainage can be contributing factors. Slope instability may result in gradual or sudden damage to buildings,
roads, and utility lines. Sudden movement can be a threat to lives through immediate injury or suffocation, or loss
of access.
In the late 1990’s, rain-saturated soil moved above houses on the Santa Lucia foothills.
Much of the development in San Luis Obispo is in valleys, where there is low potential for slope instability.
However, the city contains extensive hillsides. Several are underlain by the rocks of the Franciscan group, which is
a source of significant slope instability. The actual risk of slope instability needs to be identified by investigation of
specific sites, including subsurface sampling, by qualified professionals.
The building code requires site-specific investigations and design proposals by qualified professionals in areas
that are susceptible to slope instability and landslides.
4.4. Damage-prone Buildings
Any type of building can be damaged in an earthquake, but some types are much more able to withstand quakes.
In the past, many buildings were constructed of clay blocks, bricks, stone, or concrete blocks, with few or no steel
members to resist separation of the masonry units. The weight and lack of connectivity within these unreinforced
masonry buildings make them a particular threat to safety in an earthquake. Because many unreinforced
masonry buildings have historic and architectural value, and contain viable businesses, there is reluctance to
remove or replace them quickly. State law has required the City to identify unreinforced masonry buildings and
implement a locally devised program to reduce risks. The City has surveyed them and required owners to
evaluate their deficiencies and reinforcing needs. The City requires upgrades as buildings are remodeled or uses
change, and provides fee credits to help offset some of the cost. A City law requires the owners to complete
seismic upgrades or demolish the buildings by 2017.
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Figure 5 Ground Shaking & Landslide Hazards
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Some non-masonry buildings are especially prone to earthquake damage because they lack connections to their
foundations or resistance to side-to-side motion. Examples include wood-frame buildings with apartments over
garages that have one side occupied by a door opening, and hillside houses with little or no bracing for tall
supports on the downhill side. The City participates in a rehabilitation loan program that helps correct such
problems, along with other measures such as bracing masonry chimneys and anchoring water heaters, mainly for
older homes.
4.5. Policy: Avoiding Faults
Development shall not be located atop known faults. Applications for the following types of discretionary
approvals within 100 meters (330 feet) of any fault that is previously known or discovered during site evaluation
shall be subject to review and recommendation by a State-registered engineering geologist: change to a more
intensive land-use designation; subdivision into five or more parcels; development of multifamily, commercial,
industrial, or institutional buildings. (See also Policy S 8.3, Critical Facilities Locations.)
4.6. Policy: Avoiding Slope Instability
Development shall not be located on or immediately below unstable slopes, or contribute to slope instability. Any
development proposed in an area of moderate or high landslide potential shall be subject to review and
recommendation by a State-registered engineering geologist.
4.7. Policy: Avoiding Liquefaction Hazards
Development may be located in areas of high liquefaction potential only if a site-specific investigation by a
qualified professional determines that the proposed development will not be at risk of damage from liquefaction.
The Chief Building Official may waive this requirement upon determining that previous studies in the immediate
area provide sufficient information.
5. HAZARDOUS MATERIALS
5.0. Radiation Hazards
Ionizing radiation damages tissues at the molecular and genetic levels, causing a host of illnesses and
reproductive problems. The particular type of damage depends on the intensity and duration of exposure and the
part of the body that is exposed. People have evolved in an environment that includes very low-level exposure to
natural sources of radiation. Various sources can cause exposure to much higher levels.
The Diablo Canyon Power Plant is the primary hazard for ionizing radiation in the San Luis Obispo area. Risks
result from the potential for mistakes during day-to-day operations, accidents associated with refueling, and
damage from earthquakes or other causes. There is added risk from on-site storage of spent fuel that remains
radioactive for several generations. Long-term, off-site storage facilities for spent fuel are not available. A release
of radioactive material could seriously damage health and make property unusable. The plant operator and local
agencies have jointly prepared plans for warning, sheltering, evacuation, and other responses to radiation
emergencies. Updated information regarding the Emergency Response Plan is distributed to the public each year.
The plant is regulated by the Federal Government. Land close to the plant, and downwind from it under
prevailing conditions, is under County jurisdiction.
Relatively low-level radioactive materials and waste result from some medical facilities and other sources. The
use, transportation, and disposal of these materials are governed by State and Federal regulations.
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Radon is a naturally occurring gas produced by the breakdown of traces of uranium in certain soils and rocks. This
gas can accumulate inside structures where building materials emit or trap radon, posing a significant health
hazard. Soils and rocks in the San Luis Obispo area are not known to be sources of radon, so it is not considered a
substantial local hazard.
5.1. Other Hazardous Materials
Hazardous materials include a wide range of solids, liquids, and gases that are flammable, explosive, corrosive, or
toxic. Because large amounts of hazardous materials are shipped through the San Luis Obispo area daily,
transportation accidents pose the most significant hazardous material risk to City residents and the environment.
Hazardous materials are transported along highways, the railroad, and pipelines, which pass through the city.
Public exposure to hazardous materials also can result from their use by industry, agriculture, and services. In
1999, there were about 145 businesses in the City using hazardous materials in sufficient quantities to require
filing a report with the Fire Department, as required by the California Health and Safety Code. Household use of
hazardous materials is also a threat to health and the environment.
5.2. Policy: Minimizing Hazardous Materials Exposure
People’s exposure to hazardous substances should be minimized.
5.3. Policy: Hazardous Materials in City Operations
The City should avoid using hazardous materials in its own operations to the greatest extent practical, and will
follow all established health and safety practices when they are used.
6. ELECTROMAGNETIC FIELDS
The flow of electricity through a conductor creates electromagnetic fields (EMF’s). These fields form around power
transmission and distribution lines, wiring in buildings, and equipment and appliances used at home and in businesses.
The strength of an electromagnetic field depends mainly on the voltage in the conductor, and declines with distance from
the conductor. Other EMF characteristics depend on the type of current (alternating or direct) and the frequency of
alternation. While an EMF from one conductor may interact with and in effect “neutralize” an EMF from another
conductor, there is generally no way to shield against EMF exposure.
Studies of the relationships between exposure to EMF’s and illness have shown that there is cause for concern, especially
from long-term exposure to strong fields. The mechanisms for the harmful effects have not been clearly defined. But it is
known that all life processes involve electromagnetic interactions at the cellular and molecular level, and fields from
external sources may interfere with these processes. The studies appear to show that there is not a clear dose-response
relationship. In other words, unlike ingesting a toxin, there is not a simple progression of harm as the amount ingested
increases.
The California Department of Health Services has recommended that, until information is available to make better-
informed decisions about possible health effects due to long-term EMF exposure, people and local governments should
consider keeping schools, dwellings, and workplaces away from high-voltage power transmission lines. With this
approach, exposure to strong EMF’s would be avoided through location choices when it is practical, inexpensive, and
simple to do so.
Figure 6 shows the high-voltage power transmission routes in the San Luis Obispo area.
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Figure 6 Power Lines and Power Plant
6.0.
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Policy: Exposure to Electromagnetic Fields
Land-use decisions should avoid prolonged exposure of people to strong electromagnetic fields. Appropriate uses
for areas under or next to high-voltage power transmission lines are agriculture, floodwater detention, roads,
parking, materials storage, and parks and greenways with low-intensity use. Residential yards may be located
along but outside of high-voltage power transmission line easements. School buildings and playgrounds,
residential buildings, and work places should be set back from high-voltage power transmission lines. The amount
of setback will be a matter of judgment, considering the space available in which to locate uses within the site
being planned.
6.1. Policy: Notification to Buyers Near Electromagnetic Fields
When land containing major sources of electromagnetic fields, such as power transmission lines, is subdivided,
the City will determine if a condition will be imposed requiring notification of prospective buyers that a source of
electromagnetic fields exists and that studies have raised concerns about long-term exposure.
7. AIRPORT HAZARDS
The San Luis Obispo County Airport provides commuter, charter, and private service to the area (Figure). The primary
hazard associated with the airport is the risk of aircraft crashing on approach and take-off Aircraft flight operations are
determined largely by the physical layout of the airport and rules of the Federal Aviation Administration. Activities on the
airport property are managed by the County.
In April 1998, a private plane made an emergency landing on Los Osos Valley Road west of Foothill Boulevard, narrowly
missing power lines and cars.
Existing land uses under the approach and take-off paths include agriculture and businesses close to the airport, and
shopping centers, dwellings, and schools at greater distances. State law requires the independent, countywide Airport
Land Use Commission to adopt an Airport Land Use Plan for each airport. This plan establishes zones based on flight
patterns, with the aim of having future development be compatible with airport operations, considering safety and noise
exposure. State and County policies encourage future development to be consistent with the Airport Land Use Plan.
The City’s General Plan Land Use Element designates land-use categories that are meant to be consistent with the Airport
Land Use Plan. When the City comprehensively updated its Land Use Element in 1994, the Airport Land Use Commission
was preparing an update of the Airport Land Use Plan. When this Safety Element was adopted in 2000, the Airport Land
Use Plan update had not been completed. The Airport Land Use Plan was last amended in 2005 and is in process of being
updated again. With the most recent update to the Land Use and Circulation Elements, the City went through an
exhaustive process to evaluate safety, hazard, obstruction, and noise concerns associated with the current and future
operation of the airport. Proposed development associated with the Land Use and Circulation Elements update is
consistent with the County of San Luis Obispo County Airport Land Use Plan unless a determination of inconsistency by
the Airport Land Use Commission is made and the City overrules that determination as allowed under Section 21676.5 et.
seq. of the Public Utilities Code. Should an overrule action be taken, development shall be consistent with direction in the
State Aeronautics Act, the FAA regulations and guidance provided in the Caltrans Division of Aeronautics Airport Land Use
Planning Handbook. The City will continue to work with the Airport Land Use Commission as it updates the Airport Land
Use Plan for San Luis Obispo County Regional Airport to strive to achieve consistency between the Airport Land Use Plan
and the City’s General Plan.
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7.0. Policy: Uses in the Airport Land Use Plan Area
Development should be permitted only if it is consistent with the requirements of the California State
Aeronautics Act (Public Utilities Code §21670, et. seq.), guidance from the California Airport Land Use Planning
Handbook, other related federal and state requirements relating to airport land use compatibility planning, and
the San Luis Obispo County Regional Airport Land Use Plan unless the City overrules a determination of
inconsistency in accordance with Section 21676.5 et. seq. of the Public Utilities Code. Prospective buyers of
property that is subject to airport influence should be so informed.
8. HAZARDOUS TREES
Trees help make San Luis Obispo attractive for people and wildlife. However, as trees age, particularly massive or tall
ones, they pose a risk from dropping limbs or toppling. Strong winds, and saturated soils or erosion around roots,
contribute to the hazard. Falling branches or whole trees can harm people, damage property, and interrupt access, storm
runoff, and power and communications. Particularly for some types of pines in the San Luis Obispo area, pitch canker is
killing trees in a relatively short time. The weakened or dead trees increase the hazard.
The City trims trees along streets and on City parks and grounds, with safety as one objective. The City also notifies
property owners of hazardous trees, and works with owners, the local flood control district, and State programs to deal
with trees along creeks.
8.0. Policy: Hazardous Trees
Minimize danger to people and property from trees that are weakened and susceptible to falling or limb loss
during storms.
8.1. Program: Hazardous Trees
The City will identify, and maintain or remove, trees on City property to minimize hazards, and will work with
property owners to do the same.
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Figure 7 Airport Influence Area
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9. AVOIDING AND PREPARING FOR EMERGENCIES IN GENERAL
Even if the City did not have this Safety Element, it would have in place many programs and requirements intended to
avoid several kinds of emergencies and to respond to those that occur. This element does not repeat in detail those
programs. Instead, it contains broad policies and programs reflecting the City’s commitment to achieving acceptable
levels of risk.
9.0. Policy: Avoiding and Mitigating Hazards [reworded from the Open Space Element]
A. Development, including access and utility systems, shall be directed away from hazardous areas, which
should be designated for appropriate open space or park uses.
B. Where development, including access and utility systems, cannot avoid hazardous areas, the
development shall adequately mitigate the hazards.
C. Hazard mitigation measures shall not significantly impact the environment, including wildlife habitats and
views.
D. Development shall pay an equitable share of the costs to mitigate area wide hazards.
E. Hazard mitigation measures shall not burden taxpayers with high maintenance costs.
F. Development shall not increase hazards for other properties in the area.
9.1. Policy: Emergency Preparedness and Response
There should be adequate planning, organization, and resources for emergency preparedness and emergency
response.
9.2. Program: City Activities
The City’s Disaster Preparedness Committee will be responsible for planning and coordinating City preparedness
activities. (This committee is comprised of the Fire Chief and representatives of the police, public works, utilities,
and administration departments.) With direction from the Disaster Preparedness Committee, the Fire Chief will
maintain and annually update a basic plan for emergency response.
9.3. Program : Response Performance Standards
A. The City will evaluate fire-flow capacities and identify deficiencies through testing and modeling of the
water system. For identified deficiencies, the Utilities Department will propose remedies to meet
recommended service levels based on Insurance Service Organization ratings and other objective criteria.
Discussion
To effectively fight fires, water must be available sufficiently close to the fire, at a sufficient rate, for a sufficient
duration. The City’s water system is typically designed and operated so the Fire Department personnel and
equipment responding to a fire in one structure can at least prevent the fire from spreading to nearby
structures. Automatic fire sprinklers, which are required in nearly all new buildings, greatly reduce the
likelihood that a fire will consume a structure or threaten other structures. First-response fire equipment often
carries water or chemical extinguishes that can be used to extinguish or contain small fires, especially where
the fire is at the edge of the city or where the water system may not meet recent standards. Land Use Element
policies discourage development beyond the area that can be served by the gravity-supplied water system,
because public or private pump-fed systems that may be adequate for domestic use are usually not adequate
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for fire-fighting, and can support a sustained fire-fighting effort only if there is on-site water storage that fire
engines can pump from.
The City’s water system is typically not designed to fight a wildland fire some distance from the developed area,
or approaching on a broad front and threatening scores of buildings. The City relies on mutual and automatic
aid, including special equipment such as aerial tankers, in these situations.
An earthquake that damages many structures would probably start several fires and cause some leaks in the
water system. The City tries to avoid the injury and property loss that could occur in this situation by:
Replacing old water mains, valves, and hydrants. Newer materials and properly back-filled trenches reduce
the chances for breaks and leakage.
Requiring looped water mains in new development areas, so leaks can be isolated while preserving water
service in most of the area.
Requiring new buildings to have fire detection and suppression systems, and fire-resistive construction.
Training citizens to deal with emergencies at times when professional responders would be overwhelmed.
The Water and Wastewater Management Element of the General Plan identifies the annual water supply
needed for the entire city currently and at build-out of the Land Use Element. Municipal Code Chapter 2.44,
“Development Impact Review Procedures,” requires that the adequacy of services, including water for
firefighting, be addressed for each proposed development. In 2000, the City prepared a new Water System
Master Plan. This plan focuses on the facilities needed to correct existing deficiencies and to serve new
development. The draft plan recommended the following safety-related items:
For the Stenner Canyon Water Treatment Plant, improved emergency standby power, a seismic evaluation
of the existing treated water storage and clearwell facilities, and evaluation of means to protect the water
treatment plant from railroad accidents.
To serve the Margarita and Airport areas, about 10 kilometers (six miles) of new water mains.
To serve the southwestern part of the city, a 6-million-liter (1.6-million-gallon) water tank.
The following response-time programs are intended to apply to recurrent types of emergencies, not rare, area
wide disasters.
A. The Fire Department has set a response-time objective of four minutes. (The Fire Department’s standard
of coverage recommends that a three-person engine company, with paramedic, meet this standard 95
percent of the time.)
B. The Police Department has set a 30-percent available-time objective for patrol response. (“Available
time” is the fraction of total time that a patrol unit is not previously assigned or otherwise unavailable for
response to a new emergency call for service.)
C. The Public Works Department and the Utilities Department will set response-time objectives, based on
the values at risk and acceptable levels of risk, and will work to achieve the objectives. (Typical incidents
requiring timely response are water main breaks and large trees down in the street.)
9.4. Program: Staff Training
A. The City will train fire fighters, police officers, building inspectors, and public works and utilities staff to
levels appropriate for their tasks and responsibilities.
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B. The City will provide training for those of its staff who apply its building regulations and planning
standards, emphasizing the lessons learned in locations that have experienced disasters.
C. The City will conduct disaster-response exercises for the types of non-nuclear disasters discussed in this
element, coordinated with participation in required, periodic nuclear-disaster response training
exercises.
9.5. Program: Specific Emergency-Response Information
The City will obtain information about the specific location and type of fire and toxics hazards and values at risk,
and use the information in its preparedness and response actions.
9.6. Program : Coordinated Emergency Planning
A. The City will work within the Standardized Emergency Management System, an emergency response and
coordination system used throughout California. The City will participate in periodic disaster-response
drills, on a regional basis with all involved jurisdictions and involving the news media.
B. The City will review the hazard assessment studies and emergency response plans of utilities and of
transportation agencies and companies operating in the San Luis Obispo area, and update the City’s
Emergency Plan, including evacuation routes, as necessary.
C. The City will work with Caltrans to assure transport of hazardous materials follows Caltrans-approved
routes, with all necessary safety precautions taken to prevent hazardous materials spills.
9.7. Program: Emergency Operations Center
The City will maintain an Emergency Operations Center Plan, to prescribe the intended activation and operation
of a single facility from which disaster response will be managed. The Headquarters Fire Station will serve as the
Emergency Operations Center, with the Corporation Yard and the Police Station serving as back-up emergency
operations centers or as department operating centers.
9.8. Program: Information and Planning Updates
Working with other agencies in the area, the City will expand and keep current safety-related information. The
City will use sufficiently detailed analysis of hazards, and will update the City’s safety and emergency plans as new
information becomes available.
9.9. Program : City Emergency Plan
The City will keep current and implement its Multihazard Emergency Response Plans, as required by the
California Emergency Services Act, with the objectives of:
Saving lives and protecting property
Providing a basis for direction and control of emergency operations
Assuring the continuity of government
Repairing and restoring essential systems and services (such as water supplies)
Providing for the protection, use, and distribution of resources that are available immediately after a
disaster
Making the City as self-reliant as possible following a major disaster.
Coordinating operations with other local jurisdictions
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9.10. Program : Mutual and Automatic Aid
The City will work with other jurisdictions to obtain and follow adequate mutual-aid and automatic-aid
agreements.
9.11. Program : Disaster Recovery
The City will prepare for post-disaster recovery, including measures to address:
Prompt assessment of the condition of buildings and utilities;
Temporary shelter for displaced residents, including the potential for sites on parks or other public land;
Temporary facilities for non-critical public services;
Recovery of inventory and records from damaged commercial buildings;
Temporary facilities for displaced businesses and not-for-profit organizations;
Removal, reconstruction, or replacement of unsafe buildings, including historically or architecturally
significant buildings;
High volumes of planning and building applications;
High demand for public capital improvement spending to replace damaged facilities or to take advantage
of opportunities to implement longer-range plans.
9.12. Policy : Critical Facilities Locations
A. The following City facilities that are necessary for community function and emergency response will not
be located in 100-year floodplains, in areas of high or extreme wildland fire hazard, on sites subject to
liquefaction or landslide [as distinguished from areas with potential for these hazards], atop earthquake
faults or within State-designated special studies zones, or in airport inner safety zones or outer safety
zones:
fire stations
police main station
water treatment plant
wastewater treatment plant
public works and utilities corporation yards
principal telecommunications facilities
B. The following facilities operated by entities other than the City, which are necessary for community
function and emergency response, should not be located in 100-year floodplains, in areas of high or
extreme wildland fire hazard, on sites subject to liquefaction or landslide [as distinguished from areas
with potential for these hazards], atop earthquake faults or within State-designated special studies
zones, or in airport inner safety zones or outer safety zones:
hospitals
Caltrans and utilities corporation yards
principal electrical substations
principal natural gas transmission mains and pumping stations
principal public-utility telecommunications and emergency broadcast facilities
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9.13. Policy : Emergency Access and Evacuation
Substantial development will be allowed only where multiple routes of road access can be provided, consistent
with other General Plan policies on development location and open space protection. “Substantial development”
means industrial, commercial, and institutional uses, multifamily housing, and more than ten single-family
dwellings. ”Multiple routes” include vehicle connections that provide emergency access only, as well as public
and private streets.
Discussion
The City has determined that its roadway policies and standards provide adequate opportunities for evacuation
and emergency access, considering the conditions and types of development planned for the city. Policies on
connectivity are found in the Land Use Element (policies 2.2.4 and 2.3.11). Design standards are found in the
Circulation Element (Table 5) and Subdivision Regulations (Municipal Code Chapter 16.36, Article II). When this
Safety Element was last revised, some areas that were developed before the current policies and standards
were adopted did not have the desired access. Those areas and proposed access improvements are listed
below.
Proposed Access Improvements
Area Deficiency Proposed Improvement
Royal Way One way out to Los Osos Valley Road
for about 200 dwellings, 25 of which
are adjacent to an area of moderate
wildland fire hazard.
Emergency access only at Quail Drive,
through the DeVaul Ranch project
Margarita Avenue One way out to South Higuera Street
for about 250 dwellings
Public streets and emergency-drive access
through future development in the
Margarita Specific Plan Area.
Los Verdes Tracts One way out to Los Osos Valley Road
for two tracts each with 88 dwellings,
and one way out to South Higuera
Street for one tract with 93 dwellings,
under an aircraft climb-out path
None proposed, due to “enclave” design of
tracts and creek channel. Future
development west of the Los Osos Valley
Road tracts may provide an opportunity for
emergency-only access.
Chumash Village
Mobile Home Park
One way out to South Higuera Street
for 239 dwellings.
Potential for an emergency-only access to
the east through the Margarita Specific
Plan Area is being evaluated.
Villa Fontana One way out to South Higuera Street
for 54 dwellings.
None proposed, due to “enclave” design of
tract, topography and adjacent
development.
9.14. Policy: Preparedness Education
Citizens should be well informed of hazards and ways to minimize the effects of disasters. Special attention
should be given to children, seniors, and handicapped.
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9.15. Program : Citizen Information and Training
A. The City will help inform homeowners about local fire hazards, appropriate responses to fire, and ways to
prevent loss, including home improvements that can reduce the impact of fire.
B. The City will promote the efforts of the Fire Safe Council.
C. The City will continue the Community Emergency Response Team (CERT) training as effective preparation
for residents to aid themselves when needs exceed the availability of professional emergency response
workers.
D. The City will support education programs in the lower grades, using displays and demonstrations to
inform young children about fire safety, and in secondary schools, demonstrating the dynamic aspects of
fire, including major factors contributing to fire hazard and the relationship of fire to the natural ecology.
Fire prevention and evacuation lessons will be included in each program.
9.16. Program : Other Organizations
The City will help organizations that provide emergency outreach and education programs in the area, will help
schools teach children how to avoid dangers and how to behave during an emergency, and will encourage other
organizations dealing with large groups (such as seniors and handicapped) to develop their own emergency
education and response programs.
9.17. Program : Voluntary Inspections
The City will encourage and participate in programs to inspect individual houses, particularly those occupied by
the elderly or handicapped, including encouraging occupants to check their own smoke detectors.
9.18. Policy : Safety of Structures and Facilities
Existing and new structures and facilities should reflect adopted safety standards.
9.19. Program : Reducing Structural Hazards
The City will identify and evaluate hazards in existing structures and work toward reducing those hazards to
acceptable levels of risk. The City will advocate that other organizations and agencies do the same. Highest
priority will be given to critical facilities (listed in Policy 8.3) and transportation facilities. This overall effort has
five basic components:
A. The City’s continuing steps to evaluate, maintain, and replace its own facilities, in particular bridges,
public assembly rooms, fire stations, water tanks, and water and wastewater treatment plants.
B. Routine inspections for code compliance in commercial, industrial, public-assembly, group-housing, and
multifamily residential buildings.
C. Complaint-based inspections for code compliance in all buildings.
D. Implementation of the City-adopted program to identify and mitigate hazards of unreinforced masonry
buildings.
E. Subject to adequate resources being provided through the budget process, outreach for private, wood-
frame buildings involving attachments to adequate foundations, cripple-wall bracing, water-heater
attachment, and bracing or attachment of masonry chimneys.
9.20. Program : Planning Standards
The City will maintain and administer its zoning and subdivision standards and architectural guidelines in
conformance with the General Plan. The standards and guidelines will be consistent with the requirements and
recommendations of City police and fire departments.
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9.21. Program : Development Review
City fire, police, public works, and utilities personnel will review applications for subdivisions and development
projects, for consistency with safety objectives.
9.22. Program : Building and Fire Regulations
The City will maintain and administer its building and fire regulations in conformance with State requirements,
including adoption of updated editions of uniform codes.
9.23. Program : Required Inspections
The City will conduct safety inspections for fire and hazardous materials in commercial, industrial, and multifamily
residential buildings.
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