HomeMy WebLinkAbout11-17-2015 Council Agenda Packet
Tuesday, November 17, 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 Carpenter
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.
1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation
Waive reading of all resolutions and ordinances as appropriate.
San Luis Obispo City Council Agenda November 17, 2015 Page 2
2. INFLUENT PUMP REPLACEMENT PROJECT - SPECIFICATION NO. 91419
(MATTINGLY/HIX)
Recommendation
1. Authorize staff to advertise for bids for the purchase of two influent pump systems for the
Water Resource Recovery Facility (WRRF), Spec No. 91419.
2. Authorize the City Manager to award the pump purchase contract if the lowest
responsible bid is within the Engineer’s estimate of $127,000.
3. Authorize the transfer of $47,000 from the WRRF Major Maintenance Account to the
project.
3. ORDINANCE NO. 1626 (SECOND READING) - AMENDING CHAPTER 17.87,
THE WATER EFFICIENT LANDSCAPE STANDARDS (MATTINGLY/MUNDS)
Recommendation
Adopt Ordinance No. 1626 (2015 Series) entitled “An Ordinance of the City Council of the
City of San Luis Obispo, California amending Chapter 17.87 of the City of San Luis
Obispo’s Municipal Code,” to update the Water Efficient Landscape Standards.
4. EXTENSION OF LEGAL SERVICES CONTRACT FOR ONGOING PERSONNEL
DISCIPLINARY APPEAL (DIETRICK/WHITE)
Recommendation
Authorize the City Attorney to execute a second amendment to the October 1, 2014 Legal
Services Agreement with the Law Offices of Jones & Mayer for a personnel disciplinary
appeal increasing the “not to exceed” amount from $50,000 to $70,000.
BUSINESS ITEMS
5. CITY COUNCIL INPUT ON LAND USE CONCEPTS FOR THE CAL POLY
MASTER PLAN UPDATE (CODRON/LEVEILLE – 60 MINUTES)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, providing City input to Cal Poly for consideration in their Master Plan
Update process (GENP-2088-2015).”
San Luis Obispo City Council Agenda November 17, 2015 Page 3
STUDY SESSION
6. FUTURE SLO TRANSIT OPERATIONS & MAINTENANCE CONTRACT
REQUEST FOR PROPOSALS (GRIGSBY/ANGUIANO – 30 MINUTES)
Recommendation
Receive a presentation on the upcoming Request for Proposal (RFP) process for the City’s
Transit Operations and Maintenance Contract Services and provide comment and direction
to staff.
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, December 1, 2015 at 6:00
p.m. in the council Chamber, 990 Palm Street, San Luis Obispo, California.
San Luis Obispo City Council Agenda November 17, 2015 Page 4
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: 11/17/2015
FROM: Carrie Mattingly, Utilities Director
Prepared By: Howard Brewen, Water Resource Recovery Facility Supervisor
SUBJECT: INFLUENT PUMP REPLACEMENT PROJECT -
SPECIFICATION NO. 91419
RECOMMENDATION
1. Authorize staff to advertise for bids for the purchase of two influent pump systems for the
Water Resource Recovery Facility (WRRF), Spec No. 91419; and
2. Authorize the City Manager to award the pump purchase contract if the lowest
responsible bid is within the Engineer’s estimate of $127,000; and
3. Authorize the transfer of $47,000 from the WRRF Major Maintenance Account to the
project.
DISCUSSION
Background
The Water Resource Recovery Facility (WRRF) receives an average daily influent flow of 4.5
million gallons per day (MGD) from the City’s wastewater collection system. The influent can
grow to over 20 million gallons during large storms and wet weather conditions. This influent
flow is received at the headworks and pumped into the facility by a pumping system that consists
of two five-MGD pumps and two 22-MGD wet weather pumps that operate in various lead/lag
configurations depending on the influent flow to the plant. These pumps are a critical component
for process control and in meeting regulatory requirements for the WRRF. The two five-MGD
pumps are 20 years old, operate continuously and have been rebuilt numerous times. The
recently completed WRRF facility plan included an analysis of the influent pumping system and
concluded that the two five-MGD influent pumps were at high risk for failure and replacement
cannot wait for the WRRF upgrade project to commence. The replacement of the pumps was
initially listed in the City’s 2013-15 Capital Improvement Plan, page 3-169, and was delayed in
anticipation that the pumps would make it through the pending upgrade.
The pumps are highly specialized equipment that requires a long lead time for manufacturing and
delivery; 18 to 20 weeks from order to delivery. Prior to delivery of the pumps, quotes will be
obtained from a minimum of three mechanical contractors that possess the specific experience
and knowledge in installing this type of pumping system. Keeping equipment purchase and
installation separate will eliminate contractor mark-up on equipment.
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Based on preliminary cost evaluation, installation is estimated at $40,000 which includes
contingencies. Staff recommends moving the needed budget from the WRRF major maintenance
account to the project in order to allow for comprehensive cost tracking for the entire project.
FISCAL IMPACT
The replacement of the pumps was identified in the WRRF Facility Major Maintenance account
on page 3-169 of the 2013-15 Capital Improvement Plan. $60,000 was identified in 2013-14 and
$60,000 in 2014-15 not considering installation of the pumps as staff initially believed they
could install the pumps. However, after further evaluation, staff realized the complicated and
critical nature of the installation and recommends hiring a specialized contractor. To that end,
staff recommends moving $47,000 from this WRRF Facility Major Maintenance account to the
project for installation of the pumps also considering a potential funding shortfall for the
equipment of $7,000. The total estimated cost of this project is estimated at $167,000. There is
available funding in the WRRF major maintenance account to fund this project. The unrestricted
balance of the account is $274,674.
ALTERNATIVE
The City Council may choose to deny or defer the approval to advertise this project. Staff does
not recommend this option as the pumps have a high risk of failure, which could result in water
quality violations and potential fines.
Attachments:
a - 2015 WRRF Influent Pump IFB - DRAFT 071315
b - Capital Improvement Plan - Water Reclamation Facility Major Maintenance
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The City of San Luis Obispo is committed to including disabled persons in all of our se rvices, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
PUBLIC UTILITIES DEPARTMENT
990 Palm Street San Luis Obispo, CA 93401
Notice Inviting Bids forError! Bookmark not defined.
2015 City of San Luis Obispo Water Resource Recovery Facility Influent
Pump Replacement Project Specification No. 91419
The City of San Luis Obispo is inviting bids for the City of San Luis Obispo Water Resource Recovery
Facility Influent Pump Replacement Project pursuant to Specification No. 91419. All bids must be
received by the Finance Department by November 30, 2015, when they will be opened publicly in the
City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401.
Bids received after said time will not be considered. To guard against premature opening, each bid shall
be submitted to the Finance Department in a sealed envelope plainly marked with the bid title,
specification number, Bidder name, and time and date of the bid opening. Bids shall be submitted using
the forms provided in the specification package.
A pre-bid conference will be held at the Water Resource Recovery Facility at 35 Prado San Luis Obispo,
Ca. 93401 on November 23, 2015, at 1:00 p.m. to answer any questions that the prospective Bidders may
have regarding the City's invitation for bids.
Specification packages and additional information may be obtained by contacting Howard Brewen,
WRRF Supervisor at (805) 781-7240.
Technical questions relative to this IFB prior to the opening of bids shall be directed to:
Jon Hanlon, PE,
MKN and Associates, Inc.
PO Box 1604
Arroyo Grande, CA 93421
(805) 904-6530 X103
Email: jhanlon@mknassociates.us
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Specification No. 91419
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 2
Bid Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 7
Contract Term
Estimated Quantities
Bid Content
Bid Evaluation and Selection
Bid Review and Award Schedule
Unrestrictive Brand Names
Start and Completion of Work
Accuracy of Specifications
D. Agreement 12
E. Insurance Requirements 14
F. Bid Submittal Forms 15
Bid Submittal Summary
References
G. Appendices - Specifications 17
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Section A
DESCRIPTION OF WORK
The City is requesting bids for the purchase of two (2) vertical dry-pit centrifugal pumps for raw sewage.
This Bidder shall supply to the City a complete system for the equipment specified (to be
installed by others). Bids will be evaluated on responsiveness to the design requirements,
references from similar installations, experience and Bid Schedule costs. Evaluation criteria are
described in Section C of this IFB.
The Bidder has sole responsibility for furnishing a complete system of compatible components
that functions in accordance with the Technical Specifications found in section G and is
compatible with the City’s existing wastewater treatment system. The influent pumps shall be
provided to the jobsite complete with all necessary equipment and appurtenances as specified
and as required for a complete operating installation. All equipment will be delivered in
packaging that is adequate for long-term or short-term storage on the plant site in exposed areas.
An installing contractor will be selected by a separate process and will be responsible for installing
pumps, reducers, connecting power, and other utilities to the equipment provided by Bidder.
Installing contractor shall also be responsible for placing and mounting the equipment, including
placement and connection of anchor bolts (provided by Bidder). It is the intention of the City that
the equipment be delivered and stored at the plant site until it can be provided to the contractor for
installation. Included in the Bidder’s Scope of Work is to provide Operation and Maintenance
Manual(s) and support during startup and installation of the equipment, as identified in the
technical specifications herein.
The Bidder shall supply all, but not limited to, the following:
1. Two (2) vertical dry-pit centrifugal pumps for raw sewage, with a design point of 5.0
MGD at 13 feet of total dynamic head. The pumps shall be provided complete with all
accessories and auxiliary equipment, internal wiring, shafts, motors, spare parts, base and
mounting system, anchor bolts, operation and maintenance manuals, specified training,
installation support services, and warranty as specified and as may be required for a
complete and operating installation.
2. Motors
3. Spare Parts
4. Base and Mounting System
5. Anchor Bolts
6. Operation and Maintenance Manuals
7. Specified Training
8. Installation Support Services
9. Warranty
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Section B
GENERAL TERMS AND CONDITIONS
BID REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a bid shall meet all of
the terms, and conditions of the Invitation for Bids (IFB) specifications package. By virtue of its
bid submittal, the Bidder acknowledges agreement with and acceptance of all provisions of the
IFB specifications.
2. Bid Submittal. Each bid must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Bid documents shall be
enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against
premature opening, the bid should be clearly labeled with the bid title, specification number,
name of Bidder, and date and time of bid opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each bid must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Bidder’s insurance
coverage during bid evaluation; as discussed under paragraph 12 below, endorsements are not
required until contract award. The City’s insurance requirements are detailed in Section E.
4. Bid Quotes and Unit Price Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the Bidder must be entered in figures in the spaces
provided on the Bid Submittal Form(s). Any lump sum bid shall be stated in figures. The Bid
Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any
Bidder for any item are not in agreement, the unit price alone will be considered as representing
the Bidder's intention and the bid total will be corrected to conform to the specified unit price.
5. Bid Withdrawal and Opening. A Bidder may withdraw its bid, without prejudice prior to the
time specified for the bid opening, by submitting a written request to the Director of Finance for
its withdrawal, in which event the bid will be returned to the Bidder unopened. No bid received
after the time specified or at any place other than that stated in the "Notice Inviting Bids " will be
considered. All bids will be opened and declared publicly. Bidders or their representatives are
invited to be present at the opening of the bids.
6. Submittal of One Bid Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested in more than one bid, except an alternative bid when specifically
requested; however, an individual or business entity that has submitted a sub-bid to a Bidder
submitting a bid, or who has quoted prices on materials to such Bidder, is not thereby
disqualified from submitting a sub-bid or from quoting prices to other Bidders submitting bids.
7. Cooperative Purchasing. During the term of the contract, the successful Bidder will extend all
terms and conditions to any other local governmental agencies upon their request. These
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agencies will issue their own purchase orders, will directly receive goods or services at their
place of business and will be directly billed by the successful Bidder.
8. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not encouraged,
but will be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. Bid Retention and Award. The City reserves the right to retain all bids for a period of 60 days
for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any bid, to reject any or all bids, to reject or delete one part of a bid and accept
the other, except to the extent that bids are qualified by specific limitations. See the "special
terms and conditions" in Section C of these specifications for bid evaluation and contract award
criteria.
10. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or finan cially, of Bidders. Bidders will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
11. Contract Requirement. The Bidder to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its bid. The contract shall be made in the form adopted
by the City and incorporated in these specifications.
12. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
13. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business
license and tax certificate before execution of the contract. Additional information regarding the
City's business license and tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and al l federal, state, county, city, and
special district laws, ordinances, and regulations.
15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
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18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Department of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor'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.
20. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor's operations, it shall be replaced or restored at the
Contractor's expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war 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 Contractor. In the event that there is insufficient time to grant such
extensions prior to the completion date of the contract, the City may, at the time of acceptance of
the work, waive liquidated damages that may have accrued for failure to complete on time, due to
any of the above, after hearing evidence as to the reasons for such delay, and making a finding as
to the causes of same.
24. 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
Contractor (Net 30).
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requir ements.
26. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
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27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or
degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect
and hold the City and its agents, officers and employees harmless from and against any and
all claims asserted or liability established for damages or injuries to any person or property,
including injury to the Contractor's employees, agents or officers that arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the
Contractor, and its agents, officers or employees, in performing the work or services herein,
and all expenses of investigating and defending against same; provided, however, that the
Contractor's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents,
officers or employees.
29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
30. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor
in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Contractor'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 Contractor 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 suc h
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods performed
or provided by the Contractor shall be based solely on the City's assessment of the value of the
work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its bid.
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Section C
SPECIAL TERMS AND CONDITIONS
INVITATION FOR BIDS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General
Terms and Conditions) of these specifications, the contract will be awarded to the lowest
responsible, responsive Bidder, and in accordance with Section C.
2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City
receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time
of bid closing for which sales tax is allocated to the City, 1.5% of the taxable amount of the bid
will be deducted from the bid by the City in calculating and determining the lowest responsible,
responsive Bidder.
3. Labor Actions. In the event that the successful Bidder is experiencing a labor action at the time
of contract award (or if its Bidders or subcontractors are experiencing such a labor action), the
City reserves the right to declare said Bidder is no longer the lowest responsible, responsive
Bidder and to accept the next acceptable low bid from a Bidder that is not experiencing a labor
action, and to declare it to be the lowest responsible, responsive Bidder.
4. Failure to Accept Contract. The following will occur if the Bidder to whom the award is made
(Contractor) fails to enter into the contract: the award will be annulled; any bid security will be
forfeited in accordance with the special terms and conditions if a Bidder's bond or security is
required; and an award may be made to the next lowest responsible, responsive Bidder who shall
fulfill every stipulation as if it were the party to whom the first award was made.
USE OF BRAND NAMES
5. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Bids will be considered for any
brand that meets or exceeds the quality of the specifications given for any item. In the event an
alternate brand name is proposed, supplemental documentation shall be provided demonstrating
that the alternate brand name meets or exceeds the requirements specified herein. The burden of
proof as to the suitability of any proposed alte rnatives is upon the Bidder, and the City shall be
the sole judge in making this determination.
PERFORMANCE STANDARDS
6. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this IFB package shall include delivery charges, to be delivered F.O.B. San Luis
Obispo by the successful Bidder and received by the City within 154 days after authorization to
proceed by the City.
7. Statement of Contract Disqualifications. Each Bidder shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the IFB
package.
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8. Liquidated Damages. In the event that the Bidder does not meet the work completion date
specified in its bid, the award amount shall be reduced in the amount of three hundred fifty
dollars ($350.00) per calendar day for each day that exceeds the completion date specified in the
Bidder's bid. As the delay in the completion of work could seriously affect the public and the
efficient operation of the City to an extent incapable of precise calculation, said reduction is
established as the nearest measure of damages for such delay that can be fixed at this time, and is
not established as a penalty or forfeiture for the breach of agreement to complete the work. Said
reductions may be invoked if completion of work exceeds the specified time for any reason
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BID CONTENT AND SELECTION PROCESS
9. Bid Content. Your bid must include the following information:
Submittal Forms
a. The Bidder shall indicate compliance or non-compliance with each requirement of
Technical Specifications Sections 432120, 432102, and 262650. NOTE: The City
welcomes bids that may slightly deviate from the detailed technical requirements set
forth in the IFB. A copy of specification Sections 432120, 432102, and 262650 shall
accompany Bidder’s bid with each paragraph check-marked to indicate
specification compliance or marked and indexed to indicate requested deviations
and clarifications from the specified requirements. If deviations are not
specifically identified, it will be assumed the Bidder’s bid conforms to the detailed
technical requirements.
If deviations and clarifications from the specifications are requested by the Bidder,
provide a detailed written justification for each deviation and clarification. Failure to
include a copy of the marked-up specification sections and the detailed
justifications for any requested deviation or clarification will result in submittal
return without review.
b. The Technical Specifications included in this IFB are provided to identify the
requirements of the equipment to be purchased by the City. Complete submittals listed
in the Technical Specifications are NOT required in the Bidder bid, but will be required
from the Bidder whose equipment is selected by the City. Although the Bidder is
required to indicate compliance or non-compliance with each paragraph of the
Technical Specifications per Paragraph 15.a of this IFB, operation and maintenance
manuals are not required until after the selected Bidder is under contract with the City.
The schedule for submittal of technical submittals is included in Paragraph 16.
c. The City requires that a professionally trained representative provide the necessary
support services of the construction/installation of the equipment as identified in the
technical specifications. This trained representative shall be included in the price for
the proposed equipment. Startup and training will be coordinated by the installing
contractor.
d. Bid submittal summary.
e. Certificate of insurance.
f. Bid Schedule signed by an officer of the company providing cost (numbers and words)
for each item noted. Any terms and conditions requested by the Bidder should be
attached to the submittal and should provide adequate information for the City to issue
a Purchase Order immediately following selection of Bidder.
g. Pump performance curves indicating design TDH and flow, efficiency, NPSHr, Power,
and recommended impeller trim.
h. Shop drawings.
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Compensation
a. The Bidder, having become thoroughly familiar with the terms and conditions of the
IFB and attachments, hereby proposes and agrees to provide the equipment within the
time stated and in strict accordance with the IFB for the total sum stated in the Bid
Schedule.
Bidder shall submit an Application for Payment to City claiming the amount due in
accordance with the bid schedule. The City shall pay Bidder a lump sum fee for each
item, to include cost of all labor, materials, tax, freight, travel and expenses, and
product warranty. Bidder shall be entitled to claim payments in accordance with the
following schedule, subject to the retention below:
Bid Item 1: 50% upon approval of submittals; 50% upon delivery of equipment
in an acceptable condition, including Operation and Maintenance Manuals. In
case of multiple deliveries, separate payments for the individual components
will not be made. Payment will be made after delivery of the last component.
Bid Item 2: Upon completion of onsite testing and training, review of any
required final training and testing reports, and written confirmation from City
that no resubmittals are required.
Upon completion of installation and final acceptance by City of all equipment and
services of thepayment and release of retainage may be requested by Bidder.
Bid Evaluation and Selection. Bids will be evaluated by a review committee. Contract award
will not be based solely on price, but on a combination of factors as determined to be in the best
interest of the City, including compliance with the technical specifications and the Project
Milestones. After evaluating the bids and discussing them further with the finalists or the
tentatively selected contractor, the City reserves the right to further negotiate the proposed work
and/or method and amount of compensation.
The following conditions apply to the Equipment Bidder Bid:
i. The estimated time schedule required is outlined in Paragraph 16.
j. Addenda will be prepared in response to questions and will be distributed to all IFB
holders who receive an IFB package from the City. Questions will not be accepted
within three (3) working days prior to the opening of the bids. All questions must be
submitted in writing by email by three (3) working days prior to the opening of the
bids; or sent via USPS and post-marked by five (5) working days prior to the opening of
the bids.
k. The City reserves the right to not purchase the equipment, reject any or all bids, and to
enter into negotiations with the Bidder that offers the greatest benefit to the City, as
determined by the City.
l. The City requires that a representative of the Bidder knowledgeable with the
equipment be provided for a minimum of one (1) day on site for startup and training of
City personnel. Startup and training will be coordinated by the installing contractor.
m. A minimum one (1) year warranty, commencing from the date the equipment
installation is accepted by the City, shall be provided. Warranty information shall be
provided with the Bid.
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10. Bid Review and Award Schedule. The following is an outline of the anticipated schedule for
bid review and contract award:
Equipment IFB Issued 11/18/2015
Bids Due 11/30/2015
Submittal Review 11/30 – 12/4/2015
Award Equipment Supply/Execute Bidder Agreement 12/7/2015
Delivery of Equipment 5/6/2016
Submittal of O&M Manuals with equipment delivery
11. Pre-Bid Conference. A pre-bid conference will be held at the Water Resource Recovery
Facility at 35 Prado Rd. San Luis Obispo, Ca. 93401 on November 23, 2015 at 1:00 p.m. to
answer any questions that prospective Bidders may have regarding this IFB.
BID SPECIFICATION LIMITS
12. Accuracy of Specifications. The specifications (listed in Section G) for this project are believed
by the City to be accurate and to contain no affirmative misrepresentation or any concealment of
fact. Bidders are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its bid, the Bidder and all subcontractors
named in its bid shall bear sole responsibility for bid preparation errors resulting from any
misstatements or omissions in the plans and specifications that could easily have been
ascertained by examining either the project site or accurate test data in the City's possession.
Although the effect of ambiguities or defects in the plans and specifications will be as
determined by law, any patent ambiguity or defect shall give rise to a duty of Bidder to inquire
prior to bid submittal. Failure to so inquire shall cause any such ambiguity or defect to be
construed against the Bidder. An ambiguity or defect shall be considered patent if it is of such a
nature that the Bidder, assuming reasonable skill, ability and diligence on its part, knew or should
have known of the existence of the ambiguity or defect. Furthermore, failure of the Bidder or
subcontractors to notify City in writing of specification or plan defects or ambiguities prior to bid
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of
the bid.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful Bidder to achieve the project’s objective or standard
beyond the amounts provided there for in the bid.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoeve r,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of contractor's becoming aware of the facts giving rise
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to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on __________ by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on 11/18/2015, City invited bids for City of San Luis Obispo Water Resource Recovery
Facility Influent Pump Replacement Project pursuant to Specification No. 91419 (Vertical Dry Pit Centrifugal
Pumps (2) Including Operations and Maintenance Manuals.)
WHEREAS, pursuant to said invitation, Contractor submitted a bid that was accepted by City for said
Water Resource Recovery Facility Influent Pump Replacement Project pursuant to Specification No. 91419 (Vertical
Dry Pit Centrifugal Pumps (2) Including Operations and Maintenance Ma nuals.)
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as
first written above, until acceptance or completion of said delivered goods and service.
2. INCORPORATION BY REFERENCE. City Specification No. 91419 and Contractor's bid
dated [______], are hereby incorporated in and made a part of this Agreement. To the extent that there are any
conflicts between the City’s specification and this Agreement and the Contractor’s bid, the terms of the City’s
specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing Water Resource Recovery Facility Influent Pump
Replacement Project pursuant to Specification No. 91419 (Vertical Dry Pit Centrifugal Pumps (2) Including
Operations and Maintenance Manuals) as specified in this Agreement, City will pay and Contractor shall receive
therefore fixed quantity contract compensation in a total sum not to exceed $127,000.00.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by
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this Agreement and the said specification and provide the supplies, equipment and services as described in the
Specifications incorporated into this Agreement.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the Council of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Contractor Name
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO
________________________________ By:_____________________________________
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR:
Name of Company
________________________________ By: _____________________________________
City Attorney President
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Section E
INSURANCE REQUIREMENTS
Supply and Equipment Contracts
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the products and
materials supplied to the City. The cost of such insurance shall be borne by the Contractor.
Minimum Scope of Insurance. Coverage shall be at least as broad as Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG 0001).
Minimum Limits of Insurance. Contractor shall maintain limits no less than $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.
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 Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability policy is 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: products and completed operations of the Contractor. The coverage shall contai n no
special limitations on the scope of protection afforded to the City, its officers, officials,
employees, agents or volunteers.
2. The Contractor'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 Contractor's
insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
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. The Contractor shall furnish the City with original endorsements effecting
coverage required by this clause. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City
before work commences.
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SECTION F
BID SUBMITTAL FORM
The undersigned declares that she or he has carefully examined Specification No. 91419, which is hereby
made a part of this bid; is thoroughly familiar with its contents; is authorized to represent the proposing
firm; and agrees to perform the specified work for the following cost quoted in full:
BID ITEM 1: Vertical Dry Pit Centrifugal Pumps (2) Including Operations and Maintenance Manuals
and Sales Tax
Total Base Price
Sales tax @ 8.5%
Other (provide detail below
TOTAL $
BID ITEM 2: On-Site Operator Training and Startup
Total Base Price
Other (provide detail below
TOTAL $
Delivery of equipment to the City to be within 154 calendar days after contract execution and written
authorization to proceed.
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Bidder shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty
of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Bidder Representative
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SECTION G – APPENDICES - SPECIFICATIONS
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BIDDERS LIST
2015 CITY OF SAN LUIS OBISPO WATER RESOURCE RECOVERY FACILITY INFLUENT
PUMP REPLACEMENT PROJECT —SPECIFICATION NO. 91419
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
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blank.
Meeting Date: 11/17/2015
FROM: Carrie Mattingly, Utilities Director
Prepared By: Ron Munds, Utilities Services Manager
SUBJECT: ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO AMENDING CHAPTER 17.87, THE WATER
EFFICIENT LANDSCAPE STANDARDS
RECOMMENDATION
Adopt Ordinance No. 1626 (2015 Series) entitled “An Ordinance of the City Council of the City
of San Luis Obispo, California amending Chapter 17.87 of the City of San Luis Obispo’s
Municipal Code,” to update the water efficient landscape standards.
DISCUSSION
On November 3, 2015 the City Council voted 5 to 0 to introduce Ordinance No. 1626 (2015
Series). Ordinance No. 1626 amends Chapter 17.87 of the City Municipal Code to update the
water efficient landscape standards. The update aligns the City’s water efficient landscape
standards with the state of California’s Department of Water Resources model water efficient
landscape ordinance as required by Governor Brown’s Aril 1, 2015 Executive Order B-29-15.
The new Ordinance will become effective on December 17, 2015, 30 days after its adoption.
ALTERNATIVE
The City Council could choose not to adopt the proposed ordinance and choose to adopt the
state’s model ordinance by taking no action.
Attachments:
a - Chapter 17.87 Ordinance Revision
3
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ORDINANCE NO. 1626 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA AMENDING CHAPTER 17.87
OF THE CITY OF SAN LUIS OBISPO’S MUNICIPAL CODE
WHEREAS, The State of California adopted the Water Conservation
Landscaping Act of 2006 which requires all cities and counties in California to adopt a
water efficient landscape ordinance; and
WHEREAS, pursuant to Governor Brown’s Executive Order B-29-15, the
Department of Water Resources has updated the Model Water Efficient Landscape
Ordinance (model ordinance) for use by local agencies; and
WHEREAS, the intent of the revised model ordinance is to achieve increased
landscape water use efficiency in new and rehabilitated landscapes; and
WHEREAS, local agencies may adopt the state’s model ordinance, or adopt their
own ordinance that is at least as effective as the state’s model ordinance; and
WHEREAS, the City of San Luis Obispo proposes to revise its Water Efficient
Landscape Ordinance in compliance with the state’s requirements
NOW THEREFORE BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 17.87.020 of the City of San Luis Obispo’s Municipal
Code is replaced and amended to read as follows:
17.87.020 Applicability.
A. The provisions of this chapter shall apply to the following landscape projects:
1. New residential, commercial, institutional and multi-family development projects
with an aggregate landscape area equal to or greater than 500 square feet subject
to a building permit, plan check or development review.
2. Rehabilitated landscapes for residential, institutional, commercial and multi -
family development projects with a landscape area equal to or greater than 2,500
square feet which are otherwise subject to a building permit or development
review.
3. Homeowners Associations and Common Interest Developments’ architectural
guidelines (i.e., CC&Rs) shall not prohibit or include conditions that have the
effect of prohibiting the use of low water-using plants as a group. Further, the
guidelines shall not prohibit the removal of turf, nor restrict or prohibit the
reduction of turf in lieu of more water efficient alternatives (California Civil Code
Section 1353.8).
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Ordinance No. _____ (2015 Series) Page 2
O ______
SECTION 2. Environmental Determination. This Ordinance is categorically
exempt from environmental review pursuant to Sections 15305 and 15307 of the CEQA
Guidelines.
SECTION 3. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end the provisions hereof are
severable.
SECTION 4. Inconsistency. To the extent that the terms or provisions of this
Ordinance may be inconsistent or in conflict with the terms or conditions of any prior
City ordinance(s), motion, resolution, rule, or regulation governing the same subject
matter thereof, such inconsistent and conflicting provisions of prior ordinances, motions,
resolutions, rules and regulations are hereby repealed.
INTRODUCED on the 3rd day of November 2015, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the ______ day of ______,
2015, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
Jon Ansolabehere
Interim City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
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Ordinance No. _____ (2015 Series) Page 3
O ______
IN WITNESS WHEREOF, I have hereunto set my 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: 11/17/2015
FROM: J. Christine Dietrick, City Attorney
Prepared By: Kelly White, Legal Assistant
SUBJECT: EXTENSION OF LEGAL SERVICES CONTRACT FOR ONGOING
PERSONNEL DISCIPLINARY APPEAL
RECOMMENDATION
Authorize the City Attorney to execute a Second Amendment to the October 1, 2014 Legal
Services Agreement with the Law Offices of Jones & Mayer for a personnel disciplinary appeal
increasing the “not to exceed” amount from $50,000 to $70,000.
DISCUSSION
Last year the City Attorney’s Office issued a Request for Proposals for on-call legal services,
requesting proposals in a variety of practice areas. The law firm of Jones & Mayer was a successful
proposer and is currently on the City’s on-call list for personnel and employment matters. Greg
Palmer of that firm has specialized expertise with police and fire personnel and disciplinary matters
and Mr. Palmer has previously represented the City in such matters. Based on discussions with Mr.
Palmer, review of other RFP responses, cost comparison, and experience with other qualified
attorneys in this area, as well as his baseline knowledge of the case from the prior consultation, the
City Attorney determined that Mr. Palmer was the most appropriate and cost effective
representation in a current public safety disciplinary matter. It is necessary to retain outside counsel
in these proceedings because the City Attorney is the regular advisor to the City Council and having
the Council act as an independent reviewer of a decision on which the City Attorney has already
advised and advocated raises due process concerns that could subject the Council’s final decision to
challenge, depending on the hearing officer’s recommendation and the Council’s final action.
In 2014, the City Attorney engaged Mr. Palmer’s services to represent the City in this matter up to
Department Head authority and, in December 2014, City Manager approval was given to continue
the legal services engagement with costs not to exceed $25,000. In September 2015, further City
Manager approval was given to extend the contract amount up to $50,000, with the additional funds
coming from the City Attorney, Police, and Human Resources Department budgets.
The matter required significant preparation for the termination appeal hearing, and though staff
initially anticipated that the hearing on the matter could be completed in three to four days,
opposing counsel pursued the matter very aggressively, proceeded at a very slow pace, and utilized
eight days of hearing time to complete its defense, in addition to the two and a half days required by
the City to present its case. Opposing counsel also served multiple discovery motions, subpoenas,
and Public Records Act requests, which drove additional motion/opposition work and significant
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review costs, despite attempts to minimize costs by managing the records production and review in
house. The ten days of hearings have been completed, with final briefing scheduled.
Following final briefing the City will be responsible for the costs of the independent hearing
officer’s review of the record and the parties’ briefs, as well as his drafting of a decision with
findings and a recommendation to Council. Additional outside counsel work to complete this matter
is estimated to be at least five (5) additional days, for work on the closing and reply briefing, as well
as potential subsequent work if the Council’s decision is appealed to Superior Court. The City
Attorney requests the Council authorize $20,000 be transferred from the salary savings in the Police
Department budget. The City Attorney’s office will obviously make every effort to minimize actual
costs incurred, while ensuring effective representation and adherence to due process/conflicts
requirements.
FISCAL IMPACT
As the Attorney’s office does not have a standing budget for litigation associated with personnel
disciplinary appeals, it is seeking to transfer monies from the Police Department, from which the
matter originated, which is consistent with past practice. Salary savings in the Police
Department budget are currently available to cover the costs of additional funding required to
complete the current appeal matter in the amount of $20,000. As of the end of October, the
Police Department has realized salary savings in the approximate amount of $265,000 resulting
from vacancies of several positions within the Department. Any other vacancies occurring this
fiscal year in the Police Department will also contribute to existing savings. This transfer of
$20,000 will bring the approved contractual amount with the Law Offices of Jones & Mayer to
$70,000.
Attachments:
a - Second Amendment to Law Offices of Jones and Mayer Agreement
b - Law Offices of Jones & Mayer Agreement
c - First Amendment to Law Offices of Jones & Mayer
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SECOND AMENDMENT TO AGREEMENT
This Second Amendment to Agreement is made and entered in the City of San Luis Obispo on
___________, 2015, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein
after referred to as City, and LAW OFFICES OF JONES & MAYER, a professional corporation,
hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, on October 1, 2014, the City entered into an Agreement with Consultant for
professional legal services related to a personnel disciplinary appeal; and
WHEREAS, work on this matter is not yet complete and litigation practices by appellant and
counsel have significantly increased the anticipated length of hearings and volume of work to be
performed; and
WHEREAS, the parties seek to modify the certain provisions of the Agreement between them to
address anticipated increased costs related to increased work.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Section 1. Term of the Agreement is modified to provide that the total costs incurred for
the work shall not exceed $70,000.
2. All other terms and conditions of the Agreement, as amended hereby, remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO
_________________________________ By:________________________________
Jon Ansolabehere, Interim City Clerk J. Christine Dietrick, City Attorney
Signed on __________________________
LAW OFFICES OF JONES & MAYER
By: ________________________________
Richard D. Jones
Its: Owner/President
4.a
Packet Pg. 60 Attachment: a - Second Amendment to Law Offices of Jones and Mayer Agreement (1169 : Extension of Legal Services Contract)
AGREEMENT
Twit-, AQ is made and entered into in the City of San Luis Obispo on ," bye
I by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter
referred to as City, and LAW OFFICES OF JONES & MAYER, a professional corporation, hereinafter
referred to as Consultant.
WITNESSETH
WHEREAS, on July 3, 2013, City requested qualifications and proposals for legal counsel;
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services; and
WHEREAS, the City requires professional legal services related to a personnel investigation (the
services").
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from October 1, 2014 until completion of said services
and the total costs for services related to this project shall not exceed $25,000 without express written
consent signed by both parties.
2. 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 Agreement payment
schedule; compensation for any other work, services or goods performed or provided by the
Consultant shall be based solely on the City's assessment of the value of the work -in -progress in
completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the
compensation quoted in its proposal.
If, at any time during the term of the contract, the City determines that the project is not feasible due
to funding shortages or unforeseen circumstances, the City reserves the right to terminate the
contract. Consultant will be paid compensation due and payable to the date of termination.
4.b
Packet Pg. 61 Attachment: b - Law Offices of Jones & Mayer Agreement (1169 : Extension of Legal Services Contract)
3. Ability to Perform. The Consultant warrants that it possesses licenses and qualifications necessary
to carry out and complete the work hereunder in compliance with any and all applicable federal, state,
county, city, and special district laws, ordinances, and regulations.
4. Sub -contract Provisions. No portion of the work pertinent to this contract shall be subcontracted
without written authorization by the City. Any substitution of sub -consultants must be approved in
writing by the City.
5. 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.
6. 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.
7. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with
the City that may have an impact upon the outcome of this engagement. 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 employee of the City.
8. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract
was not obtained or secured through rebates, kickbacks or other unlawful consideration, either
promised or paid to any City employee. For breach or violation of the warranty, the City shall have
the right in its discretion; to terminate the contract without liability; to pay only for the value of the work
actually performed; to deduct from the contract price; or otherwise recover the full amount of such
rebate, kickback or other unlawful consideration.
Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no
person or selling agency has been employed, or retained, to solicit or secure this contract upon an
agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling agencies maintained by the
Consultant for the purpose of securing business. For breach or violation of this warranty, the City has
the right to annul this contract :without liability; pay only for the value of the work actually performed,
or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage, or contingent fee.
10. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and
shall observe and comply with all applicable state and federal laws and county and City of San Luis
Obispo ordinances, regulations and adopted codes during its performance of the work. This includes
compliance with prevailing wage rates and their payment in accordance with California Labor Code.
For purposed of this paragraph, "construction" includes work performed during the design and
preconstruction phases of construction, including but not limited to, inspection and land surveying
work.
11. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
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4.b
Packet Pg. 62 Attachment: b - Law Offices of Jones & Mayer Agreement (1169 : Extension of Legal Services Contract)
12. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
13. 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.
14. Consultant Non -Discrimination. In the award of subcontracts or in performance of this work, the
Consultant agrees that it will not engage in, nor permit such sub -consultants as it may employ, to
engage in discrimination in employment of persons on any basis prohibited by State or Federal law.
15. 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.
16. Insurance.
16.1 Professional Errors and Omissions Insurance. The Consultant shall obtain and maintain
in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such
insurance shall provide coverage in an amount not less than one million dollars ($1,000,000)
per occurrence. The insurance policy required under this paragraph shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in
limits, except after thirty (30) days prior written notice, by certified mail return receipt
requested, given to the City.
16.2 Workers Compensation Insurance. The Consultant shall obtain and maintain workers
compensation insurance in accordance with section 3700 of the California Labor Code.
17. Non -Exclusive Contract. The City reserves the right to contract for the services listed in this
proposal from other consultants during the contract term.
18. Consultant Invoices and Payment. The Consultant shall deliver a monthly invoice to the City,
itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must
include a breakdown of hours billed and miscellaneous charges and any sub -consultant invoices,
similarly broken down, as supporting detail. For on-call services, the City will pay and the Consultant
shall receive compensation as agreed to on a project by project basis. Hourly rates include direct
salary costs, employee benefits, overhead and fee. The City's payment terms are 30 days from the
receipt of an original invoice.
19. Agreement Parties.
City: City Attorney's Office
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant: Law Offices of Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92835
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as shown above.
20. Incorporation by Reference. City Request for Proposal and Consultant's proposal are hereby
incorporated in and made a part of this Agreement.
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4.b
Packet Pg. 63 Attachment: b - Law Offices of Jones & Mayer Agreement (1169 : Extension of Legal Services Contract)
21. 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 Attorney.
22. Working Out of Scope. If, at any time during the project, the Consultant is directed to do work by
persons other than the City Attorney and the Consultant believes that the work is outside of the scope
of the original contract, the Consultant shall inform the City Attorney immediately. If the City Attorney
and Consultant both agree that the work is outside of the project scope and is necessary to the
successful completion of the project, then a fee will be established for such work based on
Consultant's hourly billing rates or a lump sum price agreed upon between the City and the
Consultant. Any extra work performed by Consultant without prior written approval from the City
Attorney shall be at Consultant's own expense.
23. Complete Agreement. This written agreement, including all writings specifically incorporated herein
by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding or representation not reduced to writing and specifically incorporated
herein shall be of any force or effect, nor shall any such oral agreement, understanding or
representation be binding upon the parties hereto. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City
to do everything required by this Agreement, the said specification and incorporated documents.
24. Authority to Execute Agreement. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument'to be executed the day and
year first above written.
CITY OF SAN LUIS OBISPO:
911
Attorney
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LAW OFFIC F JONES & M ER:
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4.b
Packet Pg. 64 Attachment: b - Law Offices of Jones & Mayer Agreement (1169 : Extension of Legal Services Contract)
FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement is made and entered in the. City of San Luis Obispo on
2015, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein
after eferred to as City, and LAW OFFICES OF JONES & MAYER, a professional corporation,
hereinafter referred to as Consultant.
WITNESSETH:
WHEREAS, on October 1, 2014, the City entered into an Agreement with Consultant for
professional legal services related to a personnel disciplinary appeal; and
WHEREAS, work on this matter is not yet complete and litigation practices by appellant and his
counsel have significantly increased the anticipated length of hearings and volume of work to be
performed; and
WHEREAS, the parties seek to modify certain provisions of the Agreement between them to
address anticipated increased costs related to increased work.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Section 1. Term of the Agreement is modified to provide that the total costs incurred for
the work shall not exceed $50,000.
2. All other terms and conditions of the Agreement, as amended hereby, remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS QB }'b
ristine D_ietrick, City Att
Y\ P 0! 'V n- I l S
7 y
LAW OFFICES OF JONES & MAYER
By: ... 4 ..
Richard D. Jones
Its: Owner/President
4.c
Packet Pg. 65 Attachment: c - First Amendment to Law Offices of Jones & Mayer (1169 : Extension of Legal Services Contract)
Meeting Date: 11/17/2015
FROM: Michael Codron, Community Development Director
Prepared By: Brian Leveille, Senior Planner
SUBJECT: ADOPTION OF A RESOLUTION PROVIDING CITY COMMENTS ON CAL
POLY MASTER PLAN UPDATE LAND USE CONCEPTS
RECOMMENDATION
Adopt the City Council resolution (Attachment E) providing comments to Cal Poly for
consideration in their Master Plan update process.
REPORT-IN-BRIEF
Cal Poly is in the final stages of refining its land use concepts for its Master Plan update to
further develop the project description and begin evaluation of the project in an Environmental
Impact Report (EIR). The Master Plan Update is intended to provide for student enrollment
increases from 20,500 maximum students in the current Master Plan, to a maxim um of 25,000
students over a 20-year growth period. Land use concepts include areas designated for new and
expanded facilities, student housing, and neighborhood residential areas. The current refined land
use scenario incorporates feedback received through public workshops and advisory committees,
on which City staff has participated. The City Council has adopted a set of Guiding Principles
for City input on the Cal Poly Master Plan. The Guiding Principles have been used as a
framework for comments that are now recommended to the Council for input to Cal Poly.
DISCUSSION
Background
California State Universities (CSU) must develop master plans to guide decisions to meet the
future academic and space needs of the university and its students. The last major u pdate to the
Cal Poly Master Plan was completed in 2001 and focused on the nearly 6,000 acre campus lands
in San Luis Obispo County, with a subsequent effort to address the nearly 3,200 acres of Cal
Poly owned land within Santa Cruz County. The 2001 updat e was adopted after a four year
process that began with academic strategic planning, followed by community task force input,
draft plan development and review, and preparation of an Environmental Impact Report (EIR).
Ultimately, the Master Plan was approved and the EIR was adopted by the CSU Board of
Trustees, who has authority over use of property and development of facilities for Cal Poly. The
Master Plan was intended to accommodate the facilities, programs, and staffing necessary to
support education of approximately 20,900 (Fall enrollment) students.
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In the Fall of 2014, Cal Poly announced its intent to update the Master Plan to address projected
growth over the next 20 years to accommodate facilities, programs, and staff to support a
maximum future Fall enrollment of 25,000 students. Since that time, Cal Poly has requested City
staff participation in several Master Plan Advisory Committees, and their project manager, Dr.
Linda Dalton, has provided updates to the Council on several occasions. Cal Po ly planning
representatives have hosted several workshops both on- and off-campus to garner additional
input at various stages of the plan development process.
Over the summer, the Cal Poly team synthesized the input they received on the preliminary lan d
use concepts to develop the description of the Master Plan update to be evaluated through the
preparation of an Environmental Impact Report (EIR). The current land use scenario includes
generalized location and types of facilities as a basis to further develop the plan in order to
provide for a more detailed evaluation in the EIR.
In response to committee and public input, the following land use changes have been
incorporated into the refined concept plan:
1) Addition of two sites designated as residential neighborhoods;
2) Elimination of an on-campus hotel and conference center;
3) Retention of Leaning Pine Arboretum in current location and construction of new
greenhouses;
4) Removal of prime agricultural land from further development consideration previously
shown as under study for development consideration in previous conceptual maps; and
5) Delay of consideration of year-round academic model.
Previous Council Review
At the Council meeting of August 18, 2015, the City Council identified Mayor Marx to join
Council member John Ashbaugh to serve on a City Cal Poly Master Plan Sub -Committee. The
Council tasked this sub-committee with drafting Guiding Principles to provide direction to City
staff as it works with the Cal Poly in the Master Plan update process. On September 15, 2015,
Council reviewed and endorsed the Guiding Principles drafted by the sub-committee. The
Council endorsed Guiding Principles (Attachment A) summarizing adopted General Plan
policies and goals by topic which are applicable to the Cal Poly Master Plan update and include:
Neighborhood Wellness, Economic Health, Housing, Multi-modal transportation, Protection of
Agriculture and Open Space resources, Diversity, and Public Services.
Planning Commission Review
On October 28, 2015, the Planning Commission reviewed the Cal Poly Master Plan land use
concepts based on Guiding Principles and staff recommended comments. The Planning
Commission voted to forward 12 recommended City comments on the Master Plan update to
Council for final consideration (Attachment D, PC resolution).
Master Plan update and Environmental Review Process
The Cal Poly Master Plan update will benefit from input provided during the public workshops
conducted in October, and the City’s input, to finalize the project description for the
Environmental Impact Report (EIR). Final Council comments on the Master Plan update land
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use concepts will be forwarded to President Armstrong in a letter from Mayor Marx. Staff
anticipates the Notice of Preparation for the EIR to be released sometime in January 2016,
followed by the release of a Draft EIR in the Fall of 2016. The City will have the opportunity to
participate in the EIR scoping process by providing input on potential environmental impacts
that should be evaluated, and the City will provide comments on the Draft EIR for response and
inclusion in the Final EIR. The CSU Board of Trustees is responsible for final approval of the
Master Plan update and adoption of the Final EIR.
Land Use Concepts Discussion
An updated Cal Poly Program and Guide to the Land Use Concept Map provide a brief
description of the main components of land use concepts along with brief highlights of master
plan goals (Attachments B & C, Cal Poly Guide & Refined Land Use Map). Staff has provided
an initial analysis of Land Use Concepts based on Guiding Principles and included Planning
Commission recommended City comments for discussion.
Residential Neighborhood Areas
The Concept Land Use Map designates areas for student housing predominantly north of
Brizzolara Creek and around the campus core (shown in dark blue and outlined in yellow dashed
lines for first year students). There are also areas intended for lower density faculty/staff/family
housing (in light blue). Specialty housing for fraternities, sororities, and other student
organizations could also be located north of Brizzolara Creek. The provision of housing for more
students and housing that serves the needs of different students is a main goal of the Master Plan
update.
City Neighborhood Wellness guiding principles call for buffers between areas of campus
activities and adjoining residential neighborhoods; more intensive uses should be pulled toward
the interior of campus, and suitable locations for Greek life housing and activities should be on
campus. The concept plan includes locations for specialty housing, sophomores, and upper
division students toward the interior of campus consistent with the Neighborhood Wellness
guiding principle. The freshmen residential neighborhood areas are designated to the east of
existing student housing off Grand Avenue.
Residential Neighborhood land uses are designated in four areas (shown in light blue on concept
plan map). Two of the areas are located to the north of Slack Street at the south boundary of
campus. One of these areas is shown in the current location of the track and football fields west
of Grand Avenue and the other location is located east of Grand Avenue. The land use map for
both of these locations along Slack Street shows “Neighborhood Sensitivity” zones which
indicates that compatibility guidance or policies will be included when more detailed plans are
developed for these areas. Two other Residential Neighborhood areas are designated along
Highway 1 to the north of Highland Drive. Both of these areas have “Visual Sensitivity” zones
since they could impact scenic views along Highway 1. The neighborhood area to the west of
Highway 1 also abuts existing City residential development to the west and similar to the
residential neighborhood areas north of Slack Street, should include plans for neighborhood
compatibility considerations.
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Recommended City comments:
1) Include policies in the Master Plan to support the implementation of programs and
incentives to stabilize neighborhoods close to campus, for example by providing housing
assistance for faculty and staff, or through other innovative programs.
2) Master Plan policies/principles should address neighborhood compatibility in terms of
scale, density, and character of development. Residential neighborhoods should be
designated for staff, faculty and family housing. Neighborhood Sensitivity zones should
also be added to the residential neighborhood area west of Highway 1 that is adjacent to
existing City neighborhoods.
3) The Master Plan update should include recommendations of the Neighborhood
Wellness/Community Civility Report where applicable.
4) Proposed Residential Neighborhood Development should be sited and developed in order
to avoid or minimize impacts to scenic view sheds and environmental resource impacts
(riparian, creek, agriculture).
5) New development in the Poly Canyon area and on land adjacent to City Open Space
should consider regional trail connections and be coordinated with City and US Forest
Service Staff.
New Facilities and Expansion of Existing Facilities
Cal Poly’s conceptual land use plan designates areas for new event centers and facilities north of
Brizzolara Creek including an arena (shown in fuscia) and an agricultural event center and
equestrian pavilion. The plan also envisions expansion of Spanos stadium, and potential
renovation of Mott Gym in conjunction to the new arena site north of Brizzolara Creek.
The expansion of existing facilities and new facilities with large events has the potential to
impact traffic on City thoroughfares connecting to campus (California, Highland, Grand Ave.).
As discussed below in the cumulative Housing and Facilities discussion, these areas also have
the potential to increase calls for fire, rescue, and medical service.
Recommended City comments:
6) Large events resulting from new facilities and expansion of existing facilities (e.g. Arena,
Agriculture Events Center, Mott Gym, Spanos Stadium, etc.) that have the potential to
affect the City transportation system should include advance notification and
coordination with City staff to minimize impacts; and any potential cumulative impacts
on the City’s infrastructure including but not limited to the transportation, streets and
bike systems associated with large events at those facilities should be fully evaluated and
mitigated in the Campus Master Plan Update EIR.
7) Impacts to City emergency services and Police mutual aid response should be evaluated
and mitigated since the expansion of these facilities have the potential to result in
increased calls for fire, rescue, and medical service during large events.
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Wastewater Reclamation
An area designated for wastewater reclamation is shown west of California Boulevard at the
southerly boundary of campus along City limits. Further evaluation of this facility should
evaluate potential impacts on existing uses in the vicinity which could result from operations of
the facility such as odors and/or noise and consider relocation of the facility if impacts are
identified.
Recommended City comments:
8) Further evaluation of the wastewater facility west of California Boulevard should assess
potential impacts on existing uses in the vicinity and consider relocation of the facility to
a location with greater separation from existing residential neighborhoods and City
boundaries.
Planned Facilities and Housing (cumulative impacts)
The cumulative impacts of increased student enrollment and associated new and expanded
facilities including on campus student housing has the potential to impact City services such as
police response, emergency response (Fire & medical), and infrastructure (wastewater collection
& water).
Police - The Cal Poly Police Department is the lead law enforcement agency on the Cal Poly
campus and is responsible for all police public safety efforts within its borders. Cal Poly Police
resources should properly address campus growth to ensure that City police resources are not
impacted with the need to respond more frequently to provide mutual aid assistance.
Fire – The City’s Fire Department provides fire, rescue, and medical services to the campus core
of Cal Poly. Cooperation between Cal Poly and the City will be important to ensure campus
growth does not impact rapid response times to emergencies, appropriate access, and safe
building design and construction. The current contract for the City Fire Department to provide
these services was negotiated on the current master plan. New planned facilities such as
additional housing and event centers located further north in the campus core could increase
response times, and service costs should be addressed to achieve a cost sharing structure that
continues to be beneficial to both partners.
Circulation - Campus circulation should support City goals for modal split and encourage
walking, cycling, and the use of transit by students and employees, and discourage single -
occupant vehicle trips. Even with Cal Poly’s plans to emphasize modal split and plans to provide
a higher ratio of on campus housing, it can be anticipated that increased enrollment and new and
expanded facilities would have an impact on City transportation infrastructure including
roadways, transit, and pedestrian and bike facilities. Cal Poly’s circulation system should be well
coordinated with City transportation planning efforts and impacts to the City’s circulation system
should be quantified and mitigated. In addition to planning for these physical improvements on
campus, consideration should be given to impacts on City transit services and an appropriate cost
sharing structure.
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Utilities - Potential impacts to City utilities infrastructure should also be considered in Campus
Master Plan concepts since the facilities expansion could place additional capacity demands on
the City’s wastewater collection system and Water Resource Recovery Facilit y (WRRF) and Cal
Poly’s water allotment from Whale Rock Reservoir.
Fiscal Impacts Analysis - There are likely to be service impacts (public services and revenues)
related to the type, intensity and general location of Master Plan update development. A Fi scal
Impact Analysis is a tool to quantify potential service impacts to the City as a result of the
planned growth in the Master Plan update. A Fiscal Impacts Analysis is different than an
Economic Impact Analysis in that it quantifies the fiscal impacts to a municipality rather than
summarizing the direct, indirect and induced regional economic activity created by the
development and associated operations described in a Master Plan.
The Fiscal Impacts Analysis covers a broad range of the public services provided by the City
necessary to serve Cal Poly’s related population, including public safety, fire protection, and
public works among others. It also takes into account revenues that that will be realized by the
City as a result of Master Plan update development.
Impacts associated with infrastructure and capital facilities are identified as project specific
mitigations, whereas the fiscal analysis quantifies the net impact to City services and provides a
basis for discussing opportunities for partnerships to ensure that City service levels can be
maintained or enhanced as needed. The City has previously encouraged the Cal Poly to prepare
a Fiscal Impact Analysis so that there is accurate information to analyze service impacts to the
City. Though not a requirement of the California Environmental Quality Act (CEQA) for
analysis in the EIR, the City will continue to request that this type of study be prepared as a best
practice for ensuring continuity of services both on and off campus.
Recommended City Comments
9) Master Plan and EIR should explore the impact of growth on City services including but
not limited to recycled water, wastewater, police, fire, and neighborhood wellness.
10) Coordinate future development plans for review and cooperation in planning with City
Departments (Transportation, Police, Fire, Utilities, Natural Resources, Planning).
11) Fiscal Impact Analysis. In order to accurately evaluate potential service impacts the
University should prepare a Fiscal Impact Analysis.
12) The final Refined Master Plan Update should consider the City’s Guiding Principles for
the Master Plan Update and relevant City General Plan policies for which they are
based.
CONCURRENCES
The Master Plan update land use concepts have been reviewed by various City Departments
including Fire, Police, Utilities, Natural Resources, Finance, Community Development, and
Public Works. Department comments were incorporated into recommended City comments
which were endorsed by the Planning Commission on October 28th.
5
Packet Pg. 71
ENVIRONMENTAL REVIEW
City Council input on land use concepts under consideration by Cal Poly (agency with
jurisdiction) for further development in the Master Plan update process is not an action which is
subject to CEQA. Cal Poly will be refining the project description for evaluation in an
Environmental Impact Report. The City will have the opportunity to provide input during the
EIR scoping process and to provide comments on the Draft EIR.
FISCAL IMPACT
There is no direct funding for this effort identified in the approved 2015-2017 Financial Plan.
The appropriate City staff will continue to provide technical review and evaluation as part of
assigned staff duties.
ALTERNATIVE
1. The Council may provide modifications to the Planning Commission recommended City
comments.
Attachments:
a - Guiding Principles
b - Cal Poly Guide to the Refined Master Plan
c - Land use concept diagram
d - Draft PC Resolution
e - City Council Resolution
5
Packet Pg. 72
CITY’S GUIDING PRINCIPLES FOR CAL POLY MASTER PLAN UPDATE
The following principles are not prioritized, and are each supported by a few, exemplary goals or
policy statements from the City’s General Plan (see Appendix that follows).
1. Neighborhood Wellness – The Master Plan should support efforts to provide a safe and
positive living environment for all residents in City neighborhoods. The
recommendations found in the Neighborhood Wellness/Community Civility report
should be implemented wherever possible. The Master Plan should include buffers
between areas of campus activities and adjoining residential neighborhoods; protect
neighborhoods from light, noise, and glare from campus development; pull more
intensive uses to the interior of campus; and provide suitable locations for parties and
Greek life housing and activities on campus.
2. Economic Health – The Master Plan should support the economic health of the City, and
negative fiscal impacts created by Plan implementation should be mitigated by the
University. The Master Plan should support consideration of a hotel/conference facility
within the City limits.
3. Housing – The Master Plan should continue to push to house all undergraduate students
on campus. 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.
4. 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 one (1) mile of campus.
5. Protection of Open Space and Agricultural Resources – Land planning for future
growth should take into account impacts on natural resources, preserve agricultural land
to the greatest extent feasible, and identify opportunities preserve important open space
resources while making important connections to other public open space lands adjacent
to the University. The Master Plan should include provisions for conservation easements
on open space lands.
6. Diversity – The Master Plan should support a diverse population and contribute
positively to a larger community that welcomes and respects all people.
7. Public Services – The Master Plan and EIR should fully explore the impact of growth on
City services: recycled water, wastewater, police, fire, and code enforcement and should
include a fiscal impact analysis for City services to ensure that future growth of the
Attachment 1 5.a
Packet Pg. 73 Attachment: a - Guiding Principles (1177 : Cal Poly Master Plan Update)
City Guiding Principles – Cal Poly Master Plan Update
2
University contributes its fair share to support city services, so that existing levels of
service to the community are not eroded as the University enrollment continues to grow.
Attachment 1 5.a
Packet Pg. 74 Attachment: a - Guiding Principles (1177 : Cal Poly Master Plan Update)
City Guiding Principles – Cal Poly Master Plan Update
3
POLICY SUPPORT FOR GUIDING PRINCIPLES
NEIGHBORHOOD WELLNESS
Land Use Element (LUE) LUE 2.1. Neighborhood Focus. The City shall preserve, protect and
enhance the City’s neighborhoods and strive to preserve and enhance their identity and promote
a higher quality of life within each neighborhood.
LUE 2.3.11. Residential Project Objectives. Residential projects should provide:
A. Privacy, for occupants and neighbors of the project;
B. Adequate usable outdoor area, sheltered from noise and prevailing winds, and
oriented to receive light and sunshine
C. Use of natural ventilation, sunlight, and shade to make indoor and outdoor spaces
comfortable with minimum mechanical support.
D. Pleasant views from and toward the project;
E. Security and safety.
F. Bicycle facilities consistent with the City’s Bicycle Plan;
G. Adequate parking and storage space;
H. Noise and visual separation from adjacent roads and commercial uses. (Barrier walls,
isolating a project, are not desirable. Noise mitigation walls may be used only when there
is no practicable alternative. Where walls are used, they should help create an attractive
pedestrian, residential setting through features such as setbacks, changes in alignment,
detail and texture, places for people to walk through them at regular intervals, and
planting.)
I. Design elements that facilitate neighborhood interaction, such as front porches, front
yards along streets, and entryways facing public walkways.
J. Buffers from hazardous materials transport routes, as recommended by the City Fire
Department.
LU 2.2.6 Neighborhood Characteristics
The City shall promote livability, quiet enjoyment, and safety for all residents.
Characteristics of quality neighborhoods vary from neighborhood to neighborhood, but
often include one or more of the following characteristics:
A mix of housing type styles, density, and affordability.
Design and circulation features that create and maintain a pedestrian scale.
Nearby services and facilities including schools, parks, retail (e.g., grocery store, drug
store), restaurants and cafes, and community centers or other public facilities.
A tree canopy and well-maintained landscaping.
A sense of personal safety (e.g., low crime rate, short police and emergency response
times).
Convenient access to public transportation.
Well-maintained housing and public facilities.
LU 2.6.5 Fraternities & Sororities
Attachment 1 5.a
Packet Pg. 75 Attachment: a - Guiding Principles (1177 : Cal Poly Master Plan Update)
City Guiding Principles – Cal Poly Master Plan Update
4
The City shall work with Cal Poly to develop a proposal to locate fraternities and
sororities on campus for consideration by the CSU Board. If locations on campus cannot
be provided, fraternities and sororities should be limited to medium-high and high-
density residential areas near the campus.
Housing Element (HE) HE 8.18 Jointly develop and implement a student housing plan and
continue to support "good neighbor programs" with Cal Poly State University, Cuesta
College and City residents. The programs should continue to improve communication
and cooperation between the City and the schools, set on- campus student housing
objectives and establish clear, effective standards for student housing in residential
neighborhoods.
ECONOMIC HEALTH
LUE San Luis Obispo should:
14. Retain existing businesses and agencies, and accommodate expansion of existing businesses,
consistent with other goals.
15. Emphasize more productive use of existing commercial buildings and land areas already
committed to urban development.
16. Provide an adequate revenue base for local government and public schools.
17. Provide high quality public services, ensuring that demands do not exceed resources and that
adequate facilities and services can be provided in pace with development.
18. Cooperate with other agencies in the county to assure that increases in the numbers of
workers and college and university students in the San Luis Obispo area do not outpace housing
availability.
24. Provide a resilient economic base, able to tolerate changes in its parts without causing
overall harm to the community.
25. Have developments bear the costs of resources and services needed to serve them, except
where the community deliberately chooses to help pay in order to achieve other community
goals.
27. Serve as the county's hub for: county and state government; education; transportation;
visitor information; entertainment; cultural, professional, medical, and social services;
community organizations; retail trade.
HOUSING
LUE Goal 18. Cooperate with other agencies in the county to assure that increases in the
numbers of workers and college and university students in the San Luis Obispo area do not
outpace housing availability.
LUE 2.6.1 Cal Poly
The City shall encourage Cal Poly to build housing on campus for all of its students, to the
extent feasible. On-campus housing should be expanded at least as fast as enrollment increases.
Consideration shall be given for housing for faculty and staff as student enrollment increases.
Attachment 1 5.a
Packet Pg. 76 Attachment: a - Guiding Principles (1177 : Cal Poly Master Plan Update)
City Guiding Principles – Cal Poly Master Plan Update
5
LUE 2.6.4 Location
The City shall encourage the development of housing likely to attract faculty, staff, and students
to locate close to Cal Poly. The City shall work with Cal Poly to facilitate faculty and staff
owning or renting housing in adjacent neighborhoods.
HE 8.4 Encourage Cal Poly University to continue to develop on-campus student housing to
meet existing and future needs and to lessen pressure on City housing supply and transportation
systems.
HE 8.5 Strengthen the role of on-campus housing by encouraging Cal Poly University to
require freshmen and sophomore students to live on campus.
HE 8.6 Locate fraternities and sororities on the Cal Poly University campus. Until that is
possible, they should be located in Medium-High and High Density residential zones near the
campus.
HE 8.7 Encourage Cal Poly University to develop and maintain faculty and staff housing,
consistent with the General Plan.
MULTI MODAL
Circulation Element (CE) CE 1.6.1. Transportation Goals
1. Maintain accessibility and protect the environment throughout San Luis Obispo while
reducing dependence on single-occupant use of motor vehicles, with the goal of achieving
State and Federal health standards for air quality.
2. Reduce people's use of their cars by supporting and promoting alternatives such as
walking, riding buses and bicycles, and using car pools.
3. Provide a system of streets that are well-maintained and safe for all forms of
transportation.
4. Widen and extend streets only when there is a demonstrated need and when the projects
will cause no significant, long-term environmental problems.
5. (Omitted)
6. Promote the safe operation of all modes of transportation.
7. Coordinate the planning of transportation with other affected agencies such as San Luis
Obispo County, Cal Trans, and Cal Poly.
8. Reduce the need for travel by private vehicle through land use strategies, telecommuting,
creative transportation demand management, and compact work weeks.
9. Support the development and maintenance of a circulation system that balances the needs
of all circulation modes.
CE 1.7.1. Encourage Better Transportation Habits
Increase the use of alternative forms of transportation (as shown on Table 1) and depend less
on the single-occupant use of vehicles.
Attachment 1 5.a
Packet Pg. 77 Attachment: a - Guiding Principles (1177 : Cal Poly Master Plan Update)
City Guiding Principles – Cal Poly Master Plan Update
6
LUE 2.2.3 Neighborhood Traffic
Neighborhoods should be protected from intrusive traffic. All neighborhood street and
circulation improvements should favor pedestrians, bicyclists, and local traffic. Vehicle
traffic on residential streets should be slow. To foster suitable traffic speed, street design
should include measures such as narrow lanes, landscaped parkways, traffic circles, textured
crosswalks, and, if necessary, stop signs, speed humps, bollards, and on-street parking and
sidewalks.
LUE 2.2.4 Neighborhood Connections
The City shall provide all areas with a pattern of streets, pedestrian network, and bicycle
facilities that promote neighborhood and community cohesiveness. There should be
continuous sidewalks or paths of adequate width, connecting neighborhoods with each
other and with public and commercial services and public open space to provide
continuous pedestrian paths throughout the city. Connectivity to nearby community
facilities (such as parks and schools), open space, and supporting commercial areas shall
also be enhanced, but shall not be done in a method that would increase cut-through
traffic. (See also the Circulation Element.)
PROTECTION OF OPEN SPACE AND AGRICULTURAL RESOURCES
LUE Goal 4. Protect, sustain, and where it has been degraded, enhance wildlife habitat on
land surrounding the city, at Laguna Lake, along creeks and other wetlands, and on open
hills and ridges within the city, so that diverse, native plants, fish, and animals can continue
to live within the area.
LUE Goal 6. Recognize the importance of farming to the economy of the planning area and
the county, protect agriculture from development and from incompatible uses, and protect
remaining undeveloped prime agricultural soils.
Conservation and Open Space Element (COSE) COSE 8.1 Greenbelt. Open space outside
the urban area
Secure and maintain a healthy and attractive Greenbelt around the urban area, comprised of
diverse and connected natural habitats, and productive agricultural land that reflects the
City’s watershed and topographic boundaries.
COSE 8.2.1 Open space preserved.
Attachment 1 5.a
Packet Pg. 78 Attachment: a - Guiding Principles (1177 : Cal Poly Master Plan Update)
City Guiding Principles – Cal Poly Master Plan Update
7
The City will preserve as open space or agriculture the undeveloped and agricultural land
outside the urban reserve line, including the designated Greenbelt as shown in Figure 5, and
will encourage individuals, organizations and other agencies to do likewise.
DIVERSITY
HE Goal 4. Preserve and accommodate existing and new mixed-income neighborhoods and seek
to prevent neighborhoods or housing types that are segregated by economic status.
LUE Goal Society and Economy. San Luis Obispo should be a well balanced community.
Environmental, social, and economic factors must be taken into account in important decisions
about San Luis Obispo’s future. A healthy economy depends on a healthy environment. The
social fabric of the community for both residents and visitors must also be part of that balance.
LUE Goal San Luis Obispo should:
23. Enrich community cultural and social life by accommodating people with various
backgrounds, talents, occupations, and interests.
PUBLIC SERVICES
LUE Goal 17. Provide high quality public services, ensuring that demands do not exceed
resources and that adequate facilities and services can be provided in pace with development.
LUE Goal 25. Have developments bear the costs of resources and services needed to serve them,
except where the community deliberately chooses to help pay in order to achieve other
community goals.
LUE Goal 42. San Luis Obispo should: Be a safe place to live.
Water and Wastewater Element (WWE) WWE B2.2.3 Wastewater Service for New
Development
New development shall pay its proportionate or “fair share” of expanded treatment and
collection system capacity and upgrades. New development will only be permitted if adequate
capacity is available within the wastewater collection system and/or Water Reclamation Facility.
Safety Element (SE) SE 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.
Attachment 1 5.a
Packet Pg. 79 Attachment: a - Guiding Principles (1177 : Cal Poly Master Plan Update)
CAL POLY Master Plan Update, September 2015
Revised Land Use and Circulation Program and Guide to the Refined Land Use Concept Map
September 2, 2015
The land use and circulation program identifies activities that need to be accommodated in the master
plan in order to meet its goals. The following lists the highlights. A major planning principle is that when
an activity must be relocated, new sites will be identified and replacement facilities developed prior to the
move. Please note that some Master Plan goals, such as increasing the diversity of students, faculty and
staff; cross-disciplinary learning; more vibrant evening and weekend activity; and environmental
sustainability, as well as phasing and financing are not easily represented visually on these maps. Italics
denote major changes in the Refined Land Use Concept Map compared with earlier maps posted in spring
2015.
• Learning Space – Formal & Informal.
o The top priority is sufficient land to add space for Learn-by-Doing instruction, academic support,
and related offices for all of the degrees and other academic programs, present and future.
o The Campus Core can be redeveloped so that most indoor instruction will fit within this area along
with other related activities.
o The plan for the Campus Core focuses new development along Via Carta between South Polyview
Drive and Brizzolara Creek. This area offers the potential for creating a strong “sense of place” for
Cal Poly and includes many of the University’s older one-two story buildings.
o Other academic development in the Campus Core includes renovation and remodeling projects
(Architecture, Business, Davidson/Music, Engineering West, and the Library expansion) and a
science and agriculture student and faculty teaching and research complex and an engineering
projects building.
o Forthcoming Campus Core concept maps will show more detailed site planning options for the
Campus Core.
• Student Support & Activity.
o The forthcoming Campus Core concept maps will show how Cal Poly can provide more space for
student activities and support services by adding a Creekside Village at Via Carta near Brizzolara
Creek.
o Although not illustrated at this scale, student and staff services can be built into the ground level
of new buildings, particularly along major pedestrian routes on campus.
• Agriculture, Outdoor Teaching & Learning.
o Cal Poly’s Learn by Doing approach to education requires outdoor fields, research and
demonstration areas, and exhibit space.
o New agricultural facilities are anticipated including equine pavilions, an agricultural event center,
an animal health center, a fermentation sciences building, and an expanded farm store.
o The Refined Land Use Concept Map shows that prime agricultural lands between Highway 1 and
Brizzolara Creek and west of Mt. Bishop Road (including the plot commonly referred to as the
“lemon grove”) are no longer being considered for development.
o The Refined Land Use Concept Map shows certain agricultural facilities being relocated and
redeveloped. These include a consolidated research and learning area for horticulture and crop
science, including an expanded turf research facility, and the irrigation technology research site.
o The Leaning Pine Arboretum will stay in its current location with a new entrance and enhanced
accessibility.
Attachment 2 5.b
Packet Pg. 80 Attachment: b - Cal Poly Guide to the Refined Master Plan (1177 : Cal Poly Master Plan Update)
• Residential Neighborhoods.
o Providing housing for more students to live on campus is a central goal of the master plan.
o The University envisions residential neighborhoods that cater to the needs of different students.
o The neighborhood for first-year undergraduates is located in the southeastern section of campus,
accessible to dining facilities (outlined by yellow dashed lines on the Land Use Concept Map).
o The Refined Land Use Concept Map shows several different possible locations for suites and
apartments for sophomores and upper division students clustered in neighborhoods wrapping the
core, including sites north of Brizzolara Creek (colored bright blue).
o Specialty housing for fraternities, sororities and other student organizations could also be located
north of Brizzolara Creek.
o The map also shows some potential sites (in light blue) for lower density faculty/staff/family
housing, which is under consideration in order to provide more affordable housing to help recruit
and retain employees. Cal Poly emphasizes that any residential development on these sites
through a public-private partnership is subject to much more detailed analysis, and any such
development would occur in phases. The Refined Land Use Concept Map includes two new
potential sites for such housing, added after the University determined to exclude prime
agricultural fields from potential development. These new sites – only if further analysis finds
them to be viable – would entail relocation of other facilities. If a residential neighborhood were to
be developed west of Stenner Creek Road, the site for the University’s corporation yards and
related facilities would be moved to an area north of the Dairy. If a residential neighborhood were
to be developed at Slack Street and Longview Lane, the track and football practice field would be
relocated north of Brizzolara Creek, just east of the railroad tracks.
Recreation – Indoor & Outdoor.
o The campus needs to provide outdoor recreation space for all students, particularly those living on
campus.
o Future residential neighborhoods include informal recreation areas. Additional indoor recreation
and wellness facilities could be located north of Brizzolara Creek near the new residential
neighborhoods.
o The Refined Land Use Concept Map shows new uses on portions of existing recreation fields.
Thus, the map also indicate additional outdoor recreation areas on the northwest side of the RR
tracks to replace those fields and to serve the new student neighborhoods
Athletic Facilities.
o Spanos Stadium would be expanded to modernize this facility and seat more fans.
o The Refined Land Use Concept Map continues to show two options for the activities in Mott Gym
– ranging from renovation on site to replacement in conjunction with a new arena north of
Brizzolara Creek.
Circulation Hierarchy – Pedestrians, Bikes, Transit, Cars.
o The Refined Land Use Concept Map incorporates a Circulation system that moves more vehicular
circulation outside the Campus Core and emphasizes pedestrians and bicyclists, provides transit
access, and manage vehicular traffic in the Campus Core.
o New parking structures are shown near major access routes (near Highland/Mt. Bishop Road and
California) as well as near venues that attract large numbers of visitors, such as the baseball and
softball stadiums, the new equine/ag pavilions and an arena.
Attachment 2 5.b
Packet Pg. 81 Attachment: b - Cal Poly Guide to the Refined Master Plan (1177 : Cal Poly Master Plan Update)
o Although not illustrated at this scale, a shuttle-type system may be necessary to provide access
from parking structures to the core.
Other Features That Support Student Success.
o Arena – An arena could partially replace activities currently in Mott Gym – e.g., as a venue for
basketball games and concerts – as well as house large events associated with Cal Poly’s academic
programs. The Refined Land Use Concept Map shows a possible arena location north of Brizzolara
Creek near the agricultural event center.
o Conference Center/Hotel – After carefully considering the concept of a hotel, events and conference
center that was presented in the earlier conceptual maps, the university has decided not to pursue
the development at this time. Cal Poly instead will focus on further evaluating the feasibility of a
new tourism and hospitality academic program and curriculum.
o Industry Partnerships – The area labeled “Biz Hub” on Mount Bishop Road already includes Cal
Poly’s Tech Park and has space for additional facilities to support start-up companies, non-profit
organizations, and other entrepreneurial activities that involve students and faculty.
Attachment 2 5.b
Packet Pg. 82 Attachment: b - Cal Poly Guide to the Refined Master Plan (1177 : Cal Poly Master Plan Update)
Attachment 3 5.c
Packet Pg. 83 Attachment: c - Land use concept diagram (1177 : Cal Poly Master Plan Update)
RESOLUTION NO. XXXX-15
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING CITY COUNCIL INPUT TO CAL
POLY FOR CONSIDERATION IN THEIR MASTER PLAN UPDATE
PROCESS (GENP-2088-2015)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
meeting in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
October 28, 2015, for the purpose of reviewing draft land use concepts under consideration by
Cal Poly for the Campus Master Plan Update; and
WHEREAS, the City Council of the City of San Luis Obispo has established Guiding
Principles based on General Plan Policies which the Planning Commission has used as a basis to
provide recommendations on the Cal Poly Master Plan; and,
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations of the Planning Commission on input which should be provided to Cal Poly
for consideration in their master plan update process; and
WHEREAS, the Planning Commission is duly authorized by the City Municipal Code to
make recommendations to the City Council regarding issues affecting the City’s General Plan
and City development; and,
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the public and interested parties, refined land use concepts provided by Cal Poly,
and the evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings:
1. Recommendations of the Planning Commission for input to Cal Poly are based on City
Land Use Element Policy for Neighborhood Wellness goals to preserve and enhance the
quality of life within each neighborhood (LUE 2.1 Neighborhood Focus, LUE 2.3.11
Residential Project Objectives) and provide high quality public services ensuring that
demands do not exceed resources (LUE Goal #17).
2. Recommendations are consistent with Land Use and Housing Element policies to
facilitate faculty and staff housing in neighborhoods adjacent to Cal Poly and to locate
fraternities and sororities on the Cal Poly campus (LUE 2.6.4 & HE 8.4 through 8.7).
3. Recommendations are consistent with Circulation Element Policy to coordinate planning
of Transportation with other affected agencies such as Cal Poly and support the
5.d
Packet Pg. 84 Attachment: d - Draft PC Resolution (1177 : Cal Poly Master Plan Update)
Planning Commission Resolution # XXXX-15
Cal Poly Master Plan Update
Page 2
development of a circulation system that balances the needs of all circulation modes (CE
1.6.1).
4. Recommendations are consistent with Land Use Element Goals and Conservation and
Open Space Element Policy to preserve protect scenic vistas, preserve agricultural land,
and enhance wildlife habitat on land surrounding the City. (LUE Goals 4 & 6 and COSE
8.1).
5. Recommendations are consistent with Safety Element policy to ensure adequate fire
services are available concurrent with development (SE 3.0) and Wastewater Element
policy and new development pay its proportionate “fair share” of expanded collection
system capacity and upgrades.
Section 2. Environmental. The review and recommendations by the City of San Luis
Obispo Planning Commission to City Council for input on land use concepts under consideration
by Cal Poly (agency with jurisdiction) for further development in the Master Plan update process
is not an action which is subject to CEQA.
Section 3. Recommendation. The Planning Commission does hereby recommend the
following City Council input to Cal Poly for consideration in their Master Plan update process:
1) Explore implementation of programs and incentives for faculty and staff to live within
existing neighborhoods (not on campus) to stabilize neighborhoods close to campus.
2) Master Plan policies/principles should address neighborhood compatibility in terms of
scale, density, character of development and residential neighborhoods should be limited
and only be designated for staff, faculty and family housing. Neighborhood Sensitivity
zones should also be added to the residential neighborhood area west of Highway 1 that
is adjacent to existing City neighborhoods.
3) The Master Plan update should include recommendations of the Neighborhood
Wellness/Community Civility Report where applicable.
4) Proposed Residential Neighborhood Development should be sited and developed in order
to avoid or minimize impacts to scenic view sheds and environmental resource impacts
(riparian, creek, agriculture).
5) New development in the Poly Canyon area and on land adjacent to City Open Space
should consider regional trail connections and coordinated with City and US Forest
Service Staff.
6) Large events resulting from new facilities and expansion of existing facilities (e.g. Arena,
Agriculture Events Center, Mott Gym, Spanos Stadium, etc.) that have the potential to
affect the City transportation system should include advance notification and
coordination with City staff to minimize impacts; and any potential cumulative impacts
associated with large events at those facilities should be fully evaluated and mitigated in
the Campus Master Plan Update EIR. Impacts to City emergency services and Police
mutual aid response should be evaluated and mitigated since the expansion of these
5.d
Packet Pg. 85 Attachment: d - Draft PC Resolution (1177 : Cal Poly Master Plan Update)
Planning Commission Resolution # XXXX-15
Cal Poly Master Plan Update
Page 3
facilities have the potential to result in increased calls for fire, rescue, and medical
service during large events.
7) Further evaluation of the wastewater facility west of California Boulevard should
evaluate potential impacts on existing uses in the vicinity and consider relocation of the
facility to a location with greater separation from existing residential neighborhoods and
City boundaries.
8) Master Plan and EIR should explore the impact of growth on City services: recycled
water, wastewater, police, fire, and neighborhood wellness.
9) Coordinate future development plans for review and cooperation in planning with City
Departments (Transportation, Police, Fire, Utilities, Natural Resources, Planning).
10) Fiscal Impact Analysis. In order to accurately evaluate potential service impacts the
University should prepare a Fiscal Impact Analysis.
11) The final Refined Master Plan Update should consider the City’s Guiding Principles for
the Master Plan Update and relevant City General Plan policies for which they are
based.
On motion by Commissioner _____, seconded by Commissioner _____, and on the
following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 28th of October, 2015.
_____________________________
Tyler Corey, Secretary
Interim Deputy Director
5.d
Packet Pg. 86 Attachment: d - Draft PC Resolution (1177 : Cal Poly Master Plan Update)
RESOLUTION NO. (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, PROVIDING CITY INPUT TO CAL POLY FOR
CONSIDERATION IN THEIR MASTER PLAN UPDATE PROCESS
(GENP-2088-2015)
WHEREAS, the City Council of the City of San Luis Obispo has established Guiding
Principles based on General Plan Policies which the Planning Commission has used as a basis to
provide recommendations on the Cal Poly Master Plan; and,
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public meeting in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on October 28, 2015, for the purpose of reviewing draft land use concepts under
consideration by Cal Poly for the Campus Master Plan Update and provide recommendations to
the Council based on Guiding Principles supported by General Plan policy; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
meeting in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 17, 2015, for the purpose of considering Planning Commission recommended input
on land use concepts being considered for final inclusion in the Cal Poly Master Plan Update;
and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the public and interested parties, recommendations of the Planning Commission, the
evaluation and recommendations by staff, and refined land use concepts provided by Cal Poly,
and presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Based upon all the evidence, the Council makes the following findings:
1. City comments to Cal Poly are based on City Land Use Element Policy for
Neighborhood Wellness goals to preserve and enhance the quality of life within each
neighborhood (LUE 2.1 Neighborhood Focus, LUE 2.3.11 Residential Project
Objectives) and provide high quality public services ensuring that demands do not
exceed resources (LUE Goal #17).
2. City comments to Cal Poly are consistent with Land Use and Housing Element policies
to facilitate faculty and staff housing in neighborhoods adjacent to Cal Poly and to locate
fraternities and sororities on the Cal Poly campus (LUE 2.6.4 & HE 8.4 through 8.7).
3. City comments to Cal Poly are consistent with Circulation Element Policy to coordinate
planning of Transportation with other affected agencies such as Cal Poly and support the
development of a circulation system that balances the needs of all circulation modes (CE
1.6.1).
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4. City comments to Cal Poly are consistent with Land Use Element Goals and
Conservation and Open Space Element Policy to preserve protect scenic vistas, preserve
agricultural land, and enhance wildlife habitat on land surrounding the City. (LUE Goals
4 & 6 and COSE 8.1).
5. City comments to Cal Poly consistent with Safety Element policy to ensure adequate fire
services are available concurrent with development (SE 3.0) and Wastewater Element
policy and new development pay its proportionate “fair share” of expanded collection
system capacity and upgrades.
SECTION 2. Environmental. City of San Luis Obispo input on land use concepts under
consideration by Cal Poly (agency with jurisdiction) for further development in the Master Plan
update process is not an action which is subject to CEQA.
SECTION 3. Recommendation. The City Council of San Luis Obispo does hereby
approve the following input to Cal Poly for consideration in their Master Plan update process:
1) Explore implementation of programs and incentives for faculty and staff to live within
existing neighborhoods (not on campus) to stabilize neighborhoods close to campus.
2) Master Plan policies/principles should address neighborhood compatibility in terms of
scale, density, character of development and residential neighborhoods should be limited
and only be designated for staff, faculty and family housing. Neighborhood Sensitivity
zones should also be added to the residential neighborhood area west of Highway 1 that
is adjacent to existing City neighborhoods.
3) The Master Plan update should include recommendations of the Neighborhood
Wellness/Community Civility Report where applicable.
4) Proposed Residential Neighborhood Development should be sited and developed in order
to avoid or minimize impacts to scenic view sheds and environmental resource impacts
(riparian, creek, agriculture).
5) New development in the Poly Canyon area and on land adjacent to City Open Space
should consider regional trail connections and coordinated with City and US Forest
Service Staff.
6) Large events resulting from new facilities and expansion of existing facilities (e.g. Arena,
Agriculture Events Center, Mott Gym, Spanos Stadium, etc.) that have the potential to
affect the City transportation system should include advance notification and
coordination with City staff to minimize impacts; and any potential cumulative impacts
on the City’s infrastructure, including but not limited to the transportation, streets, and
bikes systems associated with large events at those facilities should be fully evaluated
and mitigated in the Campus Master Plan Update EIR.
7) Impacts to City emergency services and Police mutual aid response should be evaluated
and mitigated since the expansion of these facilities have the potential to result in
increased calls for fire, rescue, and medical service during large events.
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8) Further evaluation of the wastewater facility west of California Boulevard should assess
potential impacts on existing uses in the vicinity and consider relocation of the facility to
a location with greater separation from existing residential neighborhoods and City
boundaries.
9) Master Plan and EIR should explore the impact of growth on City services, including but
not limited to recycled water, wastewater, police, fire, and neighborhood wellness.
10) Coordinate future development plans for review and cooperation in planning with City
Departments (Transportation, Police, Fire, Utilities, Natural Resources, Planning).
11) Fiscal Impact Analysis. In order to accurately evaluate potential service impacts the
University should prepare a Fiscal Impact Analysis.
12) The final Refined Master Plan Update should consider the City’s Guiding Principles for
the Master Plan Update and relevant City General Plan policies for which they are
based.
Upon motion of _______________________, seconded by _______________________,
and on the following 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
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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: 11/17/2015
FROM: Daryl Grigsby, Public Works Director
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: STUDY SESSION: FUTURE SLO TRANSIT OPERATIONS &
MAINTENANCE CONTRACT REQUEST FOR PROPOSALS
RECOMMENDATION
Receive a presentation on the upcoming Request For Proposal (RFP) process for the City’s
Transit Operations and Maintenance Contract Services and provide comment and direction to
staff.
DISCUSSION
Background
The City’s Transit Operations and Maintenance work is currently contracted out to First Transit
Inc. (First Transit). This contract was awarded ten years ago via a competitive RFP process. The
initial contract was for three (3) years and included seven (7), one-year extension options. June
30, 2016 marks the end of the last extension with First Transit.
The City is now beginning the process of circulating the next Request For Proposals (RFP) for
transit services and staff is soliciting feedback from the Council and Mass Transportation
Committee (MTC) regarding any topics that they would like to be considered as part of that
process.
Request For Proposals
The City has long used contract services to provide operation and maintenance of the transit
services that it provides. This public/private relationship has been proven beneficial to the City
and community. With the current contract set to lapse in June of 2016 it is time to circulate a new
RFP to continue contract services past that date.
The RFP process provides the City an “apples-to-apples” cost comparison for providing
operations and maintenance services by each of the potential contractors and offers the
opportunity for a “best-in-value” analysis with an objective of balancing cost with quality. The
goal is to maintain comparable service levels with those the transit system is already
experiencing and expand service when able to afford service that benefits the community.
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Potential Challenges for the New Contract
The Council presentation will explain some of the anticipated issues associated with a new
transit contract. Two are worth mentioning in this report. First, the current contract for services
was formally circulated 10 years ago. The seven, one-year extensions have been beneficial and
have allowed both the contractor and the City the ability to refine costs and compensation as part
of each year’s extension. It is not known if the new formal RFP process will result in cost
proposals that are consistent with current compensation rates, lower or higher based upon current
market conditions. Staff anticipates that rates could increase due to the length of time of the
current contract and other cost elements. These include issues such as the Affordable Care Act,
Worker’s Compensation rate increases, etc. that each individual contractor costs out differently.
The RFP will be structured in such a way that it achieves flexibility in costs through flexible
service level cost items as well as fixed and variable costs that will allow the City to expand or
reduce services to balance needs with available funding levels.
In addition, the “Levels of Service” anticipated to be provided by the Contractor is an important
factor in delivering the “Apples to Apples” comparison needed for a quality review of proposals
that are received. The RFP will use the existing service levels as a basis for contractors to
prepare their proposals. As Council knows, the City is pursuing an update to its Short Range
Transit Plan but that document will not be adopted until spring of 2016.
The RFP will be structured such that SRTP recommendations will be able to be considered prior
to negotiating the final contract terms and when we can afford it, implemented as part of the new
contract.
Table 1 lists a comparison of the current transit contract and the draft RFP for major contract
issues. The study session will present these issues in more depth along with other changes that
are anticipated to be included in the RFP.
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Table 1 – Major Contract Terms Comparison
Contract Item Current Contract Proposed RFP
Contract Length (Base) 3 Years 4 Years
Contract length (Extensions) 7 - 1 year
extensions 3 - 1 year extensions
Variable Rate Cost Recovery Method Vehicle Revenue
Miles
Vehicle Revenue
Hours
Fixed Rate Cost Recovery Method Management Fee Management Fee
Pass through Costs:
Fuel Yes Yes
Insurance No Yes
Misc. Purchases Yes Yes
Vehicle Maintenance Contractor Contractor
29 Prado Maintenance Responsibilities
Landscape Maintenance Contractor Contractor
Bus Washer Maintenance Contractor Contractor
Facility Contractor Contractor
Retention of Current Employees
Pursuant to State
and Federal Law
Pursuant to State and
Federal Law
Required Positions As Part of Proposal:
General Manager Yes Yes
Maintenance Manager Yes Yes
Operations Manager Yes Yes
Safety Manager Yes No
Next Steps
Table 2 shows the tentative schedule of events and major milestones for the processing of the
RFP. The MTC will be reviewing the draft scope of work at its November 10 th meeting. The
formal RFP is anticipated to be on one of the Council’s December consent agendas depending
upon significant changes requested by the Council and MTC.
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Event/Task Date
MTC Discussion on RFP Scope of Work November 10, 2015
Council Study Session on RFP November 17, 2015
Council Authorization for RFP 12/1/15 or 12/15/2015
Issue Request for Proposals (RFP) on Ebid Board December 16, 2015
Pre-Proposal Conference (2:00 p.m. PST)January 27, 2016
Submit Questions & Clarifications (4:00 p.m. PST)February 5, 2016
SLO TRANSIT Response to Submitted Questions February 19, 2016
Proposals Due (3:00 p.m. PST)March 9, 2016
Pre-Award Survey and Screening March 23, 2016
Interview with Selected Contractors March 30, 2016
City Council Award Contract May 3, 2016
Executes Agreement with Selected Contractor May 4, 2016
Pre-Start Up Meeting with Selected Contractor May 4, 2016
Contractor Starts Service July 1, 2016 Table 2 – Transit RFP Tentative Schedule
It is anticipated that the new Contract Award will need Council approval by early May in order
to allow the successful contractor adequate time to begin the startup process and begin service by
July 1, 2016. Obviously, if the current contract becomes the successful bidder on the contract
that date will not be as crucial.
A team of industry professionals, both from within the City and outside the City, will review
each proposal according to pre-established grading criteria. The top rated vendors will then be
invited to formal interviews and final negotiations. The winning proposer (selected contractor)
will then be recommended to Council for consideration and award. The new contract will
become effective July 1st, 2016.
FISCAL IMPACT
The adopted, 2015-17 budget for the Transit Enterprise Fund included some costs increase
assumptions consistent with historic rate increases along with the results of the Short Range
Transit Plan. Ultimately, the funding for the of the City’s transit operations and maintenance
will be from the City’s annual distribution of Federal Transit Administration Section 5307 funds,
Transportation Development Act (TDA) funds, the Cal Poly Subsidy, and farebox collections. A
final agreement with full fiscal analysis will return to Council at the time of contract award.
CONCURRENCES
The Mass Transportation Committee (MTC) will be notified of the RFP at its November 10th
meeting. Any significant additional comments or suggestions by the MTC regarding the RFP
will be forwarded to Council by Council Correspondence prior to the Council meeting of
November 17th.
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