HomeMy WebLinkAbout12-01-2015 Council Agenda Packet
Tuesday, December 1, 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 Christianson
PRESENTATIONS
1. PRESENTATION - CERTIFICATE OF RECOGNITION TO OUTGOING VICE
MAYOR JOHN ASHBAUGH (MARX – 5 MINUTES)
Presentation of a Certificate of Recognition to outgoing Vice Mayor John Ashbaugh.
2. PROCLAMATION - GIVING TUESDAY (MARX – 5 MINUTES)
Presentation of a Proclamation to Julia Roca, Lesley Santos Dierks, and Jenna Smith
representing Spokes, declaring December 1, 2015 as "Giving Tuesday."
APPOINTMENTS
3. VICE MAYOR APPOINTMENT FOR 2016 (ANSOLABHERE/MAIER – 5 MINUTES)
Recommendation
Appoint Council Member Dan Carpenter as Vice Mayor to serve a one-year term
commencing upon appointment.
San Luis Obispo City Council Agenda December 1, 2015 Page 2
4. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION (HRC)
(ANSOLABHERE/MAIER/GOODWIN – 5 MINUTES)
Recommendation
In accordance with the recommendations of the Council Subcommittees, appoint Paul Or ton
to the Human Relations Commission, to complete an unexpired term through March 31,
2017.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The council welcomes your input. You may address the council by completing a speaker slip
and giving it to the city clerk prior to the meeting. At this time, you may address the council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
council to discuss or take action on issues not on the agenda, except that members of the
council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to
follow up on such items.
CONSENT AGENDA
A member of the public may request the Council to pull an item for discussion. Pulled items
shall be heard at the close of the Consent Agenda unless a majority of the Council chooses
another time. The public may comment on any and all items on the Consent Agenda within the
three minute time limit.
5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation
Waive reading of all resolutions and ordinances as appropriate.
6. MINUTES OF THE CITY COUNCIL MEETING OF OCTOBER 20, 2015
(ANSOLABHERE/MAIER)
Recommendation
Approve the Minutes of the City Council meeting of October 20, 2015.
San Luis Obispo City Council Agenda December 1, 2015 Page 3
7. ALLOCATION OF PUBLIC ART FUNDS FOR UTILITY BOX ART AND PUBLIC
ART MAINTENANCE PROJECTS FOR 2015-17 (STANWYCK/MUDGETT)
Recommendation
1. Approve the appropriation of $35,126 in 2015-16 Development Art-In-Lieu fees to the
Public Art Fund in support of Public Art projects.
2. Approve the use of Public Art funds in the amount of $48,000 for the repainting of the
Utility Box Art program Phase One; and
3. Approve the use of Public Art funds in the amount of $28,500 for the public art
maintenance projects.
8. AMEND THE JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND SAN LUIS OBISPO COASTAL UNIFIED SCHOOL DISTRICT
(SLCUSD) (STANWYCK/STEPHENSON)
Recommendation
As recommended by the Parks and Recreation Commission, approve Amendment Number
One to the Joint Use Agreement between the City and the SLCUSD and authorize the Mayor
to execute the agreement.
9. EXTENSION OF THE LAGUNA LAKE GOLF COURSE CONCESSIONAIRE
LEASE AGREEMENT WITH ACHIEVEMENT HOUSE, INC. AND REDUCTION
OF RENTAL PAYMENT (STANWYCK/MUDGETT)
Recommendation
As recommended by the Parks and Recreation Commission:
1. Eliminate rental payments during the initial term of the Amended Concessionaire
Agreement between the City and Achievement House, Inc.
2. Authorize Amendment No. 2 to Agreement which approves an extension of the
Concessionaire Lease between the City and Achievement House through October 19,
2019 at a rental rate of $1,800 per annum.
San Luis Obispo City Council Agenda December 1, 2015 Page 4
10. SLO BASEBALL ALLIANCE (SLO BLUES) STADIUM USE AGREEMENT
(STANWYCK/HYFIELD)
Recommendation
As recommended by the Parks and Recreation Commission, approve a Stadium Use
Agreement with the SLO Baseball Alliance, LLC (the “SLO Blues”) for the use of San Luis
Obispo Baseball Stadium at Sinsheimer Park for 2015 to 2021 and authorize the Mayor to
execute the Agreement.
11. ADMINISTERING AGENCY-STATE COOPERATIVE WORK AGREEMENTS
FOR FEDERAL AID PROJECTS (GRIGSBY/MCGUIRE)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the Director of Public Works to execute cooperative work
agreements with the State of California Department of Transportation,” for Federal Aid
projects and any subsequent program supplements.
12. AUTHORIZE REQUEST FOR PROPOSAL FOR PARKING CITATION
PROCESSING SERVICES, SPECIFICATION NO 91430 (GRIGSBY/BROWN)
Recommendation
1. Authorize the issuance of a Request for Proposal (RFP) for Parking Citation
Processing Services, Specification No. 91430.
2. Authorize the City Manager to enter into a contract with the successful bidder should
proposals be within the authorized budgeted amount.
San Luis Obispo City Council Agenda December 1, 2015 Page 5
PUBLIC HEARINGS
13. CONSIDERATION OF A MEMORANDUM OF AGREEMENT FOR INTERIM
WATER AND SEWER SERVICE ASSOCIATED WITH THE PROPOSED
ANNEXATION OF APPROXIMATELY 40 ACRES OF PROPERTY ALONG
FIERO LANE AND CLARION COURT - PROJECT INCLUDES AN ADDENDUM
TO THE AIRPORT AREA AND MARGARITA AREA ENVIRONMENTAL
IMPACT REPORT – ORDINANCE INTRODUCTION (CODRON/CARLONI – 60
MINUTES)
Recommendation
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving and authorizing the Mayor to execute a Memorandum of
Agreement regarding the proposed annexation and property along Fiero Lane and
Clarion Court and the provision of Interim Water and Sewer service (850 Fiero Lane).”
2. Approve an Addendum to the Airport Area and Margarita Area Environment Impact
Report.
3. Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Municipal Code Chapter 13.16 to allow Interim
Water and Sewer Service associated with the proposed future annexation of the Fiero
Lane and Clarion Court area (850 Fiero Lane).”
BUSINESS ITEMS
14. ACTION FOR CITY CIVILITY REPORT RECOMMENDATIONS
(STALEY/WALLACE – 30 MINUTES)
Recommendation
1. Approve implementation strategies for the City led Neighborhood
Wellness/Community Civility recommendations.
2. Make no changes to the City membership of the Student Community Liaison
Committee.
San Luis Obispo City Council Agenda December 1, 2015 Page 6
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 refer ence 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
Regular City Council Meetings are scheduled for Tuesday, December 15, 2015 at 4:00 p.m. and
6:00 p.m., in the Council Hearing Room and Council Chamber, respectively, 990 Palm Street,
San Luis Obispo, California.
San Luis Obispo City Council Agenda December 1, 2015 Page 7
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 i n 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.
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Meeting Date: 12/1/2015
FROM: Jon Ansolabehere, Interim City Clerk
Prepared By: John Paul Maier, Assistant City Clerk
SUBJECT: VICE MAYOR APPOINTMENT FOR 2016
RECOMMENDATION
Appoint Council Member Dan Carpenter as Vice Mayor to serve a one -year term commencing
upon appointment.
DISCUSSION
Section 408 of the City's Charter requires that the Council elect one of its members to serve in
the position of Vice Mayor.
Section 3.2 of the Council Policies and Procedures provides that the appointment of the Vice
Mayor shall be for a one-year term, that the appointment shall be made on a rotational basis, and
that the appointment shall go to the next senior member. This practice ensures that each Council
Member will have an opportunity to serve as Vice Mayor during his or her term.
Following current Council policy of rotating the Vice Mayor position, and consistent with
Council practice over the past eight years, Council Member Carpenter is next in line for the
opportunity to serve as Vice Mayor. The appointment of Vice Mayor for the prior nine years has
been as follows:
1. Council Member Mulholland 2007
2. Council Member Brown 2008
3. Council Member Settle 2009
4. Council Member Carter 2010
5. Council Member Ashbaugh 2011
6. Council Member Carpenter 2012
7. Council Member Smith 2013
8. Council Member Christianson 2014
9. Council Member Ashbaugh 2015
10. Council Member Carpenter (Current Recommendation)
Looking to the future, the rotation indicates that Council Member Rivoire would serve in 2017.
This practice ensures that each Council Member will serve one year of his/her four-year term in
the capacity of Vice Mayor.
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FISCAL IMPACT
There are no fiscal impacts associated with this recommendation.
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Meeting Date: 12/1/2015
FROM: Jon Ansolabehere, Interim City Clerk
Prepared By: Heather Goodwin, Deputy City Clerk
SUBJECT: APPOINTMENT TO THE HUMAN RELATIONS COMMISSION (HRC)
RECOMMENDATION
In accordance with the recommendations of the Council Subcommittee, appoint Paul Orton to
the Human Relations Commission, to complete an unexpired term through March 31, 2017.
DISCUSSION
Background
Human Relations Commission (Subcommittee Members Ashbaugh and Rivoire)
Due to the resignation of Janet Pierucci, effective September 18, 2015, there was an unscheduled
vacancy on the Human Relations Commission.
The Council Liaison Subcommittee recommends appointment of Paul Orton to the Human
Relations Commission (HRC), effective December 1, 2015, to a term expiring on March 31,
2017.
RECRUITMENT
The following Advisory Bodies have vacancies and interested individuals are encouraged to
apply:
1. Tourism Business Improvement District (1)
2. Administrative Review Board (3)
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Hard copies of the HRC application have been provided to the City Council and are available for
public review in the City Clerk’s office.
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City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis
Obispo
Tuesday, October 20, 2015
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
October 20, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor
John Ashbaugh, and Mayor Jan Marx
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson,
Assistant City Manager; Assistant City Clerk John Paul Maier were present at
Roll Call. Other staff members presented reports or responded to questions as
indicated in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Rivoire led the Pledge of Allegiance.
NEW HIRES
1. TERESA PURRINGTON, CODE ENFORCEMENT SUPERVISOR
Community Development Director Codron presented a brief introduction.
2. MARYANNA ESPEJO-MOSES, CODE ENFORCEMENT ADMINISTRATIVE
ASSISTANT
Community Development Director Codron presented a brief introduction.
3. DIANE DOSTALEK, SENIOR CIVIL ENGINEER
Community Development Director Codron presented a brief introduction.
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APPOINTMENTS
4. APPOINTMENT TO THE PERSONNEL BOARD (PB) (ANSOLABEHERE /
GOODWIN – 5 MINUTES)
Assistant City Clerk Maier reviewed the contents of the City Council Agenda Report.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0, to appoint David Wehner to the Personnel
Board, for a term to expire on March 31, 2017.
PUBLIC COMMENT
Mary Lou Johnson, San Luis Obispo, spoke on the need for maintenance of a trail course located
near Spanish Oaks Drive and Islay Hill; explained that the main issues are maintenance to the
playground equipment at the park and brush clearing on the trail; added that she is working with
Associate Planner Gershow on a Neighborhood Matching Grant Program 2015-16 Application,
anticipating to clean up the Islay Hill Open Space area.
Cheryl McLean, San Luis Obispo, spoke on the Planning Commission Meeting held on
September 23, 2015, regarding the action for Item 1: 159 Broad Street; urged the City Council to
direct staff to place an Open Space overlay over the remainder of the parcel and conduct an
analysis of the importance of the wildlife corridor and history of community’s concern with an
open space easement; recommended that the City Council review the video of the Planning
Commission Meeting and consider the conflict regarding zoning and the general plan.
Don Hedrick, San Luis Obispo, expressed concerns regarding the need for charging stations for
persons with disabilities who use electric wheelchairs; explained that the Obama Phone program
gives low income Americans free cell phones and there is also a need for charging stations for
the cell phones; opined that the local businesses in the City may be able to assist with the
community’s needs regarding space for charging stations.
Steve Barasch, San Luis Obispo, expressed concerns with the need to manage flood control near
the surrounding properties of the San Luis Obispo Creek, flood channels, and waterways;
reviewed the contents of an article by the Los Angeles Times entitled, “Welcome Sign: A new El
Niño forecast shows the rain reaching into northern California, where it’s especially needed”;
submitted photographs of views from his property at 460 Dana Street, highlighting present
conditions near the San Luis Obispo Creek banks; explained that he will submit a letter to the
City Attorney’s Office regarding the need for maintenance at the San Luis Creek banks and
surrounding areas.
In response to public comment, Mayor Marx inquired about the Planning Commission’s decision
regarding 159 Broad Street.
In response to Mayor Marx’s inquiry, Community Development Director Codron explained the
features of the property regarding open space and the Planning Commission’s action for a minor
subdivision; added that a memo will be provided to City Council to further explain different
courses of action.
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CONSENT AGENDA
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to approve Consent Agenda Items 5 thru 14.
5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to waive reading of all resolutions and ordinances as
appropriate.
6. MINUTES OF THE CITY COUNCIL MEETINGS OF SEPTEMBER 15 AND
OCTOBER 6, 2015 (ANSOLABEHERE)
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to approve the Minutes of the City Council meetings of
September 15 and October 6, 2015.
7. GOLF COURSE RESTROOM REPLACEMENT, SPECIFICATION NO. 91327
(GRIGSBY/VAN BEVEREN)
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. As recommended by the Parks and Recreation Commission approve plans and
specifications for the Golf Course Restroom Replacement Project, Specification No.
91327.
2. Authorize staff to advertise for bids, and authorize the City Manager to award the
contract if the lowest responsible bid is with the Engineer’s Estimate of $290,000.
8. ORDINANCE NO. 1624 (SECOND READING) - GRANTING A FRANCHISE TO
SAN LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE
COLLECTION SERVICES (MATTINGLY/MUNDS)
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to adopt Ordinance No. 1624 (2015 Series) entitled “An
Ordinance of the City Council of the City of San Luis Obispo, California, granting a
franchise to San Luis Garbage Company for food and green waste collection, processing
and/or disposal within the City of San Luis Obispo.”
9. APPROVAL OF THE FINAL MAP FOR TRACT 3057, 3080 ROCKVIEW PLACE
(TR 202-13) (CODRON/HANNULA/DOSTALEK)
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to adopt Resolution No. 10671 (2015 Series) entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, approving the Final
Map for Tract 3057 (3080 Rockview Place, TR 202-13),” and authorize the Mayor to execute a
Subdivision Agreement.
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10. AFFORDABLE HOUSING FUND APPROPRIATION FOR THE SAN LUIS OBISPO
COUNTY HOUSING TRUST FUND (HTF) (CODRON/WISEMAN)
Vice Mayor Ashbaugh expressed support for the allocation to the San Luis Obispo County
Housing Trust Fund.
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to appropriate $60,000 from the Affordable Housing Fund
for the San Luis Obispo County Housing Trust Fund.
11. AMENDMENT NO. 2 TO THE CITY/DIGITAL WEST FIBER OPTIC
INFRASTRUCTURE AGREEMENT (JOHNSON/SCHMIDT)
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to approve of and authorize the Mayor to execute the Second
Amendment to the City/Digital West Fiber Optic Infrastructure Agreement to allow Digital
West to expand its fiber optic network.
12. FIRE STATION ALERTING SYSTEM SERVICE AGREEMENT (OLSON/COX)
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Approve a five year agreement with US Digital Designs, Inc. for $146,595.00.
2. Authorize the Fire Chief to execute a service agreement.
13. YELLOW CAB TAXI PURCHASE OF 234 TAXI LLC (GRIGSBY/ANGUIANO)
Vice Mayor Ashbaugh expressed concerns regarding the declining market share of taxi
services and unregulated ride services.
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to approve transfer of 234 Taxi’s Certificates of Public
Convenience and Necessity to Yellow Cab.
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14. ORDINANCE NO. 1625 (SECOND READING) - AMENDING CHAPTERS 1.20, 1.24
AND 15.02 AND ADDING NEW CHAPTER 2.30 TO THE SAN LUIS OBISPO
MUNICIPAL CODE TO STREAMLINE THE ADMINISTRATIVE CITATION
APPEALS PROCESS AND CREATE THE ADMINISTRATIVE REVIEW BOARD
(DIETRICK/WHITE)
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to adopt Ordinance No. 1625 (2015 Series) entitled “An
Ordinance of the City Council of the City of San Luis Obispo, California, repealing and
replacing Chapter 1.24 (Administrative Code Enforcement Procedures) of Title 1,
Amending Section 1.20.020 of Title 1, Amending Chapter 15.02 (Building Codes Adopted)
to add Section 15.02.015 of Title 15 (Chapter 1.24 to supersede conflicting Administrative
Citation and Review Provisions of Building Construction and Fire Prevention Regulations),
and adding Chapter 2.30 (Administrative Review Board) to Title 2, of the San Luis Obispo
Municipal Code.”
BUSINESS ITEM
15. 2014-15 TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT
Tourism Manager Cano and Tourism Business Improvement District Board Chair Patel
narrated a PowerPoint presentation entitled “2014-15 Tourism Business Improvement
District Annual Report” and responded to Council inquiries.
Tourism Business Improvement District Board Chair Patel presented a brief history of the
report and strategic plan.
The City Council expressed gratitude to Tourism Manager Cano and the TBID Committee
for being sensitive to neighborhood concerns,
MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY VICE MAYOR
ASHBAUGH, CARRIED 5-0, to:
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2014-
15 annual report.
2. Adopt Resolution No. 10672 (2015 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, declaring its intention to continue the San Luis
Obispo Tourism Business Improvement District, to continue the basis for and to levy the
assessment for the district, and to set a date for the public hearing on the district and the
assessment for 2015-16” at the same rate as in fiscal year 2014-15. (Public Hearing to be
scheduled for November 3, 2015)
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STUDY SESSION
16. UPDATE AND INPUT ON PROGRESS OF 2015 FIRE MASTER PLAN FOCUSING
ON RESPONSE COVERAGE FOR FIRE, RESCUE, AND MEDICAL
EMERGENCIES (OLSON – 45 MINUTES)
Fire Chief Olson and Citygate Principal Consultant Gary narrated a PowerPoint presentation
entitled “Fire Master Plan Update Preliminary Results Briefing” and responded to Council
inquiries.
Vice Mayor Ashbaugh directed staff to make corrections to numbering of sites on page 208
of the Agenda Packet entitled, “Proposed Development sites” and recommended that the
proposed project on Madonna Road needs to be included on the map.
In response to Vice Mayor Ashbaugh’s recommendations, Chief Olson noted that the
information provided on the slides of the PowerPoint presentation was developed earlier this
year and stated that a final report with updates regarding new developments will be provided
at a future City Council meeting.
Don Hedrick, San Luis Obispo, pointed out on slide 15 of the Powerpoint Presentation
entitled “Fire Master Plan Update Preliminary Results Briefing,” that the map does not
visualize traffic calming effect on Broad Street; inquired about the use of Sacramento Drive
as an alternative travel route for emergency responses.
Victor Montgomery, Avila Beach, expressed support to the City Council for working with
Citygate; explained that similar issues arise in other communities regarding emergency
responses and explained that Citygate Principal Consultant Gary has extensive experience;
inquired about the alternative and capital difference of using a small crew as alternative for
emergency responses.
In response to Mr. Hedrick’s inquiries regarding traffic calming, Fire Chief Olson explained
that a model is developed by Quickest Route software and staff for route selection for
emergency responses; explained that communication is established with Cal Fire regarding
the location for emergency responses, considering fire or medical emergencies.
City Council received an update to the 2015 Fire Master Plan; consensus was provided by
Council, directing staff to include total response time and report on the following policies:
1. Revise the 4 minute emergency response time policy and define total travel time for Code
3 calls for service.
2. Consider the construction and staffing of a fifth fire station in the southern area of the
City in order to enhance the probability of achieving established response time standards.
3. Explore options for incrementally addressing emergency response coverage gaps, such as
initially addressing the medical response gap with a differently staffed and configured
crew, and building toward full fire, rescue and medical services as the region develops
and additional funding is realized.
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4. Consider land based financing models for the Master Plan, such as a Community
Facilities District, to finance any funding gap so that new development pays its fair share
for building and operating a fifth fire station.
LIAISON REPORTS
Council liaison reports were received from Mayor Marx.
COUNCIL COMMUNICATIONS
Mayor Marx reported that she attended the California League of Cities Conference in San Jose,
California; announced that the Performance Arts Center has developed a Strategic Plan; and
expressed gratitude to City Manager Lichtig for her assistance in the development of the
Strategic Plan.
Vice Mayor Ashbaugh expressed gratitude to the City staff with their aid to the community,
providing medical services and flu shot vaccine doses at Fire Station 1.
Councilmember Rivoire spoke on concerns by the community and Downtown Association
regarding parking in the downtown area.
In response to Councilmember Rivoire’s inquiry, City Manager explained that additional
information is being evaluated for the proposed Palm-Nipomo Parking Structure and will be
presented to the City Council at a future City Council Meeting.
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, November 3, 2015 at 6:00
p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
Jon Ansolabehere
Interim City Clerk
APPROVED BY COUNCIL: XX/XX/2015
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Meeting Date: 12/1/2015
FROM: Shelly Stanwyck, Parks and Recreation Director
Prepared By: Melissa C. Mudgett, Recreation Manager
SUBJECT: ALLOCATION OF PUBLIC ART FUNDS FOR UTILITY BOX ART AND
PUBLIC ART MAINTENANCE PROJECTS FOR 2015-17
RECOMMENDATION
1. Approve the appropriation of $35,126 in 2015-16 Development Art-In-Lieu fees to the
Public Art Fund in support of Public Art projects; and
2. Approve the use of Public Art funds in the amount of $48,000 for the repainting of the Utility
Box Art program Phase One; and
3. Approve the use of Public Art funds in the amount of $28,500 for the public art maintenance
projects.
DISCUSSION
Background – Council Practice of Approving Public Art Projects Following CIP Approval
Every two years, upon the approval of the Financial Plan by City Council, public art funds
arising from General Fund Capital Improvement Projects (CIP) are placed in the City’s Public
Art Fund. These City-project based funds are augmented with additional funding from the Art in
Private Development fees collected from qualified private development projects (art-in-lieu fee).
As monies are cumulated they are then proposed by staff for allocation among project(s)
identified by the CIP Review Committee with final public art project selection approval by
Council.
Funding for the City’s Public Art Program
The City’s Public Art program receives funding from two sources: an appropriate allocation
from qualified General Fund CIPs and art-in-lieu fees. This funding is used to support various
public art projects throughout the City. Currently, there is $164,830 in Public Art Fund Reserves
available to funding public art projects for 2015-17. This total includes the following accumulation
of funding:
1. $35,126 from the Art-In-Lieu Fees
Since the adoption of the City’s Public Art in Private Development program in 2000,
private property owners and developers have been required to incorporate public art in
qualified new developments or substantially improved developments in the City, or pay a
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public art in-lieu fee. The minimum cost of the public art, including installation, is an
amount equal to one-half of one percent of construction costs in excess of $100,000. To-
date, art in-lieu fees totaling $35,126 have been collected in 2015-16. Staff recommends
that Council appropriate $35,126 to the Public Art Fund in development in-lieu fees
collected to-date.
2. $36,400 from General Fund Capital Improvement Projects
During the development of the 2015-17 Financial Plan, the Finance Director reviewed the
Capital Improvement Projects and calculated the 1% for public art costs and applied this
to eligible General Fund based projects. The 2015-16 fiscal year CIP allocation for
public art has been estimated at $36,400. (Attachment A). This allocation was added to
the Public Art Fund balance as of July 1st.
Public Art Allocations Proposed Are Limited in Scope
Currently the City is developing its first ever Public Art Master Plan which is anticipated for
Council consideration in early 2016. The Public Art Master Plan is intended to provide direction
to the public art program staff, Advisory Bodies, and the City Council on the planning and
processes necessary to further develop, administer, and maintain a dynamic public art program in
the City. More specifically, the Master Plan will clarify key themes and provide a comprehensive
vision for the next 25 years of the program by providing recommendations for the selection and
placement of public art throughout the community, outlining future funding sources, and defining
any associated resource needs necessary to continue to achieve the community’s vision for public
art.
Proposed Funding Allocation and Project Discussion For Public Art for 2015-16
At this time, staff is seeking Council’s approval and funding allocation to support a needed and
timely “update” to the temporary utility box program and to address ongoing public art
maintenance projects which should not be delayed.
1. Utility Box Art - Update of Phase One
a. History of Utility Box Art
In 2010 the City Council approved funding for the Utility Box Art pilot project to
temporarily paint sixteen utility boxes throughout the downtown area (Attachment B). This
pilot project was initiated by the City with the support of the San Luis Obispo Downtown
Association and Arts Obispo. Initially conceived as a graffiti abatement measure to enhance
unattractive utility/traffic control boxes at various high visibility intersections in the
Downtown core, widespread popularity of the box art program quickly grew and enabled the
pilot program to expand. A second phase of the temporary utility box art project was rolled
out in 2012 adding 16 more utility boxes to the program. Currently, the Utility Box Art
Program has thirty-two (32) painted boxes throughout the City (Attachment C).
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b. Policy Update in 2015
In March 2015, The City’s Public Art Policy was updated to include the management of
temporary public art, pilot programs and inclusion of Utility Box Art as part of the City’s
Public Art Program for temporary art. As recommended in the updated policy, temporary
public art shall be on display for a period of approximately five (5 years) until which time
renewal is considered if within available funding.
c. Update of 20 Boxes is Timely and Consistent with Adopted Policy
The Utility Box Art program has proven highly successful in deterring graffiti and remains a
very popular program with the local community, tourists and other municipalities who
contact the Parks and Recreation Department frequently for information on the utility box
program. Staff is recommending a repainting of twenty (20) utility boxes which include 16
first-phase utility boxes and four utility boxes in the second phase (2012) that have received
box modifications as a result of required signal upgrades. Staff recommends an allocation of
$48,000 in support of this project. This cost approximates $2,400 per box which includes
program marketing, permitting, an artist stipend for each box and supplies voucher as well as
cleaning, prepping and applying an anti-graffiti top coat to the utility boxes.
d. Public Outreach and Advisory Body Review
Public outreach for the Utility Box repainting project is expected to begin in February 2016,
when members of the public are alerted to the upcoming changes to the existing boxes. It
will conclude with the City Council’s approval of selected pieces and actual painting of the
boxes. A graphical summary of the review process is provided below;
7
Packet Pg. 20
City staff will seek community engagement the City’s adopted Public Engagement and
Noticing (PEN) Manual. Consistent with all public art projects, artist submissions for the
Utility Box Art repainting will be evaluated by an Art Selection Jury, Advisory Bodies and
the City Council for conformance to the public art criteria and guidelines before the art
installation can occur. Art Juries are typically comprised of volunteer representatives of the
SLO Arts Council, professional artist(s), neighbor or representative of a neighborhood
association, business representative, educator/historian, and as appropriate, a member of the
Parks and Recreation Commission, Downtown Association, the Cultural Heritage
Committee or the Mass Transportation Committee.
2. Public Art Maintenance
In 1990 the City Council established and funded the City’s Public Art pro gram. In 2015, the
City added to its public art collection with the completion of two significant public art
projects with the SLO Skate Park “Concrete Jungle” trees and the 9/11 World Trade Center
Memorial at Fire Station No. 1. Today, the City enjoys a robust public art program with a
collection of 70 public art pieces. This collection includes 38 permanent public art pieces
located throughout the community and 32 Utility Box Art boxes as temporary public art
installations. As the public art program matures, these public art pieces require maintenance
and repairs to address health and safety concerns, continue the life expectancy of the piece
and to further the enjoyment of art by the community. As currently structured, the Public
Art Fund provides for both the purchase of public art and ongoing operational needs such as
maintenance and repairs.
The Maintenance and Repairs section of the Public Art Manual states the “City has an
ethical and legal responsibility to maintain the artistic integrity of an artwork (Calif. Art
Preservation Act, Cal. Civ. Code 987 (West Supp. 1985))”. A field evaluation of the City’s
public art pieces has been completed and has identified critical repairs needed to address
potential health and safety concerns, as well as on-going maintenance to preserve the
structural integrity of the art. Staff recommends an allocation of $28,500 for 2005-17 to
address the current needs for public art maintenance.
Public Art Maintenance Needed 2015-16
Love & Double Joy (1997) - Tile Repairs 5,900
Puck (2003) - Base Repairs, Wash & Waxing 4,100
Seven Sisters Railing (2000) - Powder Coating 5,500
Court of Historic Us Flags (2007) - Tile Repairs 800
Flames of Knowledge (1998) - Powder Coating & Repairs 5,000
Garnet (2002) - Waxing 500
StoryBoard (2004) - Powder Coating 5,000
General Washing/Grafitti Removal of Public Art Pieces 700
Unanticipated Public Art Repairs 1,000
Total Public Art Maintenance Costs 28,500
7
Packet Pg. 21
3. Public Art Projects In Progress
Staff continues to make progress in moving forward the public art piece (Olas Portola)
planned for the Portola Fountain located at the intersection of Higuera and Marsh Streets.
Project design modifications, as recommended by the Architectural Review Commission,
were approved by City Council on September 16, 2014. Staff continues to work with the
Artist to complete the required structural engineering for the kinetic art piece. Staff
anticipates permitting, fabrication, installation and completion of the highly anticip ated art
piece in fall 2016.
FISCAL IMPACT
If the utility box art repainting and public art maintenance projects are approved, $123,456 will
remain in the Public Art Fund. Future public art monies received from the FY 2016-17 (both
Capital allocation and in-lieu fees) will aggregate with the remaining funds. Any future projects
will occur following the Public Art Master Plan’s consideration by Council in early 2016. It is
anticipated that the 2016-17 fiscal year will add an estimated $80,000 to the Public Art Fund
balance providing for a total of $200,000 available in 2016-17 for future public art projects and
implementation of the Public Art Master Plan initiatives.
Current Public Art Funds Available and Proposed for Use
Resources Public Art Fund
Development In-Lieu Fees 35,126
2015-16 Capital Allocation 36,400
Public Art Fund Reserves 128,430
TOTAL 199,956
Expenses Public Art Fund
Utility Box Art 48,000
Public Art Maintenenace 28,500
Total 76,500
Available Public Art Fund Balance 123,456
ALTERNATIVES
1. Reallocate public art funds. Council could decide to redistribute the proposed allocations
among the proposed projects, allocating more funding than recommended for one project
and less for another or could recommend an alternative location for public art. Staff does
not recommend this alternative as the program is awaiting a Public Art Master Plan
which will provide this type of guidance to the program.
2. Deny public art allocation. Council could choose to deny one or both of the public art
projects presented. Staff does not recommend this alternative as the Utility Box Art
program has met the program criteria term for repainting. Additionally, staff has
completed a maintenance evaluation of the City’s public art and identified critical repairs
needed to address potential health and safety concerns.
7
Packet Pg. 22
Attachments:
a - 2015-17 Public Art Fund
b - 2010 Downtown Maintenance and Beautification CAR
c - Box Art Map
7
Packet Pg. 23
7.a
Packet Pg. 24 Attachment: a - 2015-17 Public Art Fund (1186 : Public Art Funding)
7.a
Packet Pg. 25 Attachment: a - 2015-17 Public Art Fund (1186 : Public Art Funding)
7.a
Packet Pg. 26 Attachment: a - 2015-17 Public Art Fund (1186 : Public Art Funding)
7.a
Packet Pg. 27 Attachment: a - 2015-17 Public Art Fund (1186 : Public Art Funding)
7.a
Packet Pg. 28 Attachment: a - 2015-17 Public Art Fund (1186 : Public Art Funding)
FROM: Jay D. Walter, Director of Works Director
Betsy Kiser, Director of Parks and Recreation
Prepared By: Bridget Fraser, Senior Civil Engineer
Shannon Bates, Recreation Manager
SUBJECT: DOWNTOWN MAINTENANCE AND BEAUTIFICATION
RECOMMENDATIONS:
1. Approve work scope Option 1 which includes completing improvements on three blocks
of Higuera Street from Morro to Broad and direct staff to proceed with preparation of
construction documents.
2. Authorize the City Manager to approve the plans and specifications for advertising and
award the construction contract if bids are within the approved budget of $640,000.
3. As recommended by the Capital Improvement Plan Committee, approve funding in the
amount of $34,000 for the downtown utility box public art project.
DISCUSSION
Background
One of the Council’s “Other Important Objectives” in the 2009-11 Financial Plan is expanding
Downtown maintenance and beautification efforts. The intent was to enhance the maintenance
and beautification of the Downtown through reprioritization of projects, new partnerships,
clearer standards and design guidelines, and improved internal and external communications.
Specifically, beautification efforts will be focused on downtown signage, solid waste
collection, tree maintenance, news rack management, and other enhancements of existing City
infrastructure.
At the February 23, 2010 Council meeting, staff provided an update on the progress of the
Downtown “Objective” and asked Council for direction and input on the desired
improvements to be made. The Council report is available for review in the Council Reading
File. To summarize, three approaches were suggested by Staff:
1 Implement a block-by-block approach by bringing selected blocks up to standards.
2 Sprinkle improvements throughout the downtown area.
3 Combination of approaches 1 and 2.
For the most part, Council’s direction to staff was to first focus improvements on Higuera
particularly the completion of the block containing the Wineman Hotel (Higuera Street, from
Morro to Chorro). If additional funds were available, staff would then provide Council a
“shopping list” of other possible improvements in the downtown.
June 15, 2010
7.b
Packet Pg. 29 Attachment: b - 2010 Downtown Maintenance and Beautification CAR (1186 : Public Art Funding)
Downtown Maintenance and Beatification Page 2
Work Scope Options
As shown in the Fiscal Impact section there is approximately $640,000 currently available
from various projects that can be used to support improvements to the Downtown. Using this
$640,000 target, various work scope scenarios were put together which generally included
“completion” of one or more blocks in the downtown by in-filling areas without Mission
sidewalk, removing and replacing trees as called for in the Urban Management Plan,
upgrading existing tree grates, installing pedestrian lighting, updating trash receptacles and
news racks to new standards, upgrading sign posts to new standards, and painting traffic/light
poles within the block the standard dark green. In addition to completing a block or blocks,
several of the work scopes also included various combinations of improvements outside of the
completed block such as, street light/traffic pole painting, replacement of news racks in the
downtown, upgrading sign posts in the downtown, replacing all the trash cans in the
downtown and providing an allowance for a contingency fund.
Staff recommends setting aside a portion of the budget for this contingency fund that can be
used for various reasons; such as, absorbing design or construction costs of “unknowns”
encountered in the project, and/or be available as matching funds. The concept of matching
funds has been used to a small degree in the past few years to leverage City funds with private
property owners to obtain additional improvements at a reduced cost. Property owners
involved with building improvements frequently express an interest in doing more frontage
improvements than are actually required, if the City is willing to provide some funding toward
the work. In a couple of instances, the City has paid for the installation of curb and gutter,
with the property owner paying for the sidewalk. Sidewalk repair budgets have been
significantly reduced and staff has been unable to leverage these changes recently. Another
potential use of contingency funds could be to purchase and install trash cans or paint some of
the street light poles, above and beyond the approved construction project. The funding could
also be used for the originally proposed Warden Bridge resurfacing. This surface has become
uneven and pedestrian traffic would benefit from its replacement.
Note: For the purpose of this report and project, the “downtown” is the area bounded by Santa
Rosa, Palm, Nipomo and Marsh. This area is most consistent with the Downtown Pedestrian
Lighting District and the core area of the Mission Sidewalk District.
The following matrix summarizes four work scopes based on a budget of $640,000. Refer to
Attachment 1 for a visual overview of the work to be completed under each option. These
work scopes and estimates are indeed only estimates at this time and final details and costs
will be refined once the Council provides guidance on the desired work scope. Per Council
direction, all four concepts focus on Higuera Street. All options include completion of the
block containing the Wineman Hotel. Staff recommends Option 1 as it most closely meets
Councils direction to complete blocks on Higuera. Council may choose the recommended
option or any of the other “packaged” work scopes or Council may select other combinations.
To help with this, approximate estimates are given for each item for use by Council in the
event Council chooses to swap items or include items (increase the budget) or eliminate items
(reduce the budget) from the work scope.
7.b
Packet Pg. 30 Attachment: b - 2010 Downtown Maintenance and Beautification CAR (1186 : Public Art Funding)
Downtown Maintenance and Beatification Page 3
Item Estimate 2 1 2 1 3 1 4
Higuera - Morro to Chorro (Wineman)200,000$ XXXX
Higuera - Chorro to Garden 200,000$ XXX
Higuera - Garden to Broad 200,000$ X
Higuera - Osos to Morro 200,000$
News Racks - Replace all in DT - 22±130,000$ XXX
Sign Post Upgrade (Higuera Only)X
Sign Post Upgrade - Replace all in DT - 200±70,000$ XX
Street/Traffic Light Pole Painting (Higuera Only)X
Street Light Inspection & Painting - 10 Poles 50,000$ X
Trash Receptacles (Higuera Only)X
Trash Receptacles - Replace all in DT - 77±140,000$ X
Contingency/Seed Money/Matching Funds $40K $15K $50K $60K
Estimated Construcion Time (Heavy Construction)3 6 mos. 4 mos 4 mos 2 mos
Work Scope Options
BolcksMiscellaneous
Notes:
1. Completing these two blocks will result in 3 consecutive completed blocks of pedestrian lights
2. There is overlap in costs between the “block” items and the “miscellaneous” items because some of the
miscellaneous items, such as news racks and poles, etc, are included in both the block cost and in the
miscellaneous cost.
- The News Rack and Trash Receptacle estimates are based on the cost of the items used in Wineman Hotel
demonstration block.
- Location and number of news racks is based on placing the new rack in same general location as existing.
The total number of news racks and the location may change as a news rack ordinance is developed and
adopted.
3. Construction impacts including time of year, daily work hours, etc., will be discussed and coordinated with
the Downtown Association and affected business once the scope of the final project has been determined by
Council.
Other Work Efforts Affecting the Downtown Projects
Final approval for news rack and trash receptacle standards are underway with the ARC. Staff
will meet with Pierre Rademaker for feedback on the new standards prior to final approval.
The City Attorney’s office also has on their agenda to pursue an ordinance regulating news
racks so that the City can eliminate the individual news rack clusters in favor of the larger
units available through the City.
Public Art
In January, Council approved several public art projects for funding through
the 2009-11 Financial Plan. However, $145,500 remained unallocated from
the public art fund. At that time, staff presented several ideas for future use of
these funds including a utility box public art project that would be tied to the
Downtown Beautification and Enhancement Goal. The proposed project would
enhance 15-17 old and unattractive utility/traffic control boxes at various high
visibility intersections in the Downtown core. Over the past several months, staff
has consulted with the Downtown Association (DA) to design a program that
could use public art as a strategy to convert these “eye sores” into a form of public
art while adding to the beautification efforts taking place in Downtown. Similar
programs exist in Palo Alto, San Diego, Vista, and El Cajon to name a few (see
Attachment 2 for examples of proposed program). Staff and the DA have begun
the conceptual work on a program entitled “BoxArt”. A “BoxArt” Festival,
7.b
Packet Pg. 31 Attachment: b - 2010 Downtown Maintenance and Beautification CAR (1186 : Public Art Funding)
Downtown Maintenance and Beatification Page 4
modeled after the i madonnari festival, would culminate the event with all selected artists
painting their assigned box in a festival type atmosphere.
FISCAL IMPACT
Funding for the Downtown projects comes from a combination of maintenance and upgrade
Capital Improvement Plan projects approved for the Downtown as part of the 2009-11
Financial Plan. While the funding was originally approved for individual projects, Council has
expressed an interest in developing a revised workscope incorporating some of the original
elements along with new ones (i.e. news racks, trash receptacle and sign post upgrades). The
following table summarizes the original allocations and expenses incurred to date with a total
budget available for this project. As shown below there is $640,000 available to support this
work in the Downtown.
Cost Summary
Downtown Projects Spec. No.2009-10 2010-11
Mission Style Sidewalks 90739 100,000 100,000
Downtown Paving 90942 200,000
Downtown Urban Forest Plan 90759 25,000 25,000
Street Light Paint - Downtown 90944 50,000 50,000
Warden Bridge Deck Rehabilitation 90946 45,000
Pedestrian Light Installation 90XXX 70,000
Demonstration Equipment & Lighting Expenses (25,000)
Total $395,000 $245,000 640,000
Public Art Funding 2009-11 GF In-Lieu Fund
Utlity Box Program (Downtown)0 34,000 $34,000
Capital Improvement Plan
CONCURRENCES
Downtown Improvements. The Downtown Association and the Chamber of Commerce are in
favor of making improvements in the Downtown. Both organizations believe that improving
the Downtown experience will have a positive impact on the City’s economy in the long term.
Staff will be meeting with both organizations prior to the Council meeting to give them an
over view of the work scope options/staff recommendation and to gain their feedback. Once
the scope of work has been determined, both organizations will be contacted for input on how
to lessen impacts and to coordinate construction timelines.
Public Art. The proposed project was developed and recommended by the CIP Review
Committee and subsequently supported by the ArtsObispo Art in Public Places Committee.
Additionally, the Downtown Association has been an avid supporter and would be
significantly involved in the execution of the project (see Attachment 3).
ALTERNATIVES
1. Select other improvements or another approach to address the needs to improve
the Downtown. Council members or other interested members of the community may
7.b
Packet Pg. 32 Attachment: b - 2010 Downtown Maintenance and Beautification CAR (1186 : Public Art Funding)
Downtown Maintenance and Beatification Page 5
have other ideas about how this objective should be tackled. Staff could be directed to
explore those ideas and bring an alternative concept back to the Council.
2. Deny the Public Art. Deny the public art project and redistribute funds to another
public art project or recommend other locations for public art.
ATTACHMENTS
1. Work scope Exhibits
2. Examples of utility box public art programs
3. Letter from the Downtown Association regarding public art
COUNCIL READING FILE
Council Agenda Report – February 23, 2010
t:\council a genda reports\public works car\2010\cip\90979 downtown beautification-maintenance\car dt beautification workscope.doc
7.b
Packet Pg. 33 Attachment: b - 2010 Downtown Maintenance and Beautification CAR (1186 : Public Art Funding)
guide mapSan Luis ObispoCity ofLook for it...Box Art Round 1Box Art Round 27.c
Packet Pg. 34 Attachment: c - Box Art Map (1186 : Public Art Funding)
30
Box 13&14 were completed as a team with
Marcie Hawthorne (above).
Julie Frankel’s background is in graphic
design and mixed media painting. Julie
is an east coast transplant, living in SLO
since 1988. In her art she often explores
the themes of people watching and
narrative spaces. Julie is also a maker of
artists’ books—which combines both art
and design skill sets. Patterns, stencils,
and textures are one of her passions.
On the design side, Julie worked as an
independent consultant with Biesek
Design on many projects for the National
Park Service.
Abbey Onikoyi
Jeff takes great pleasure in drinking
Thai iced tea, eating chocolate donuts,
and reading a good book.
Jeff Claassen
Charlie Clingman was raised in spacious
rural settings which had animals to play
with and horses to ride. This planted
the seed for his future exploration and
appreciation of nature. He fi nds that 25
years of international surfi ng experience
has not only been a great thrill and good
exercise but a fi ne way to observe the
water and surrounding landscapes. He
seeks to have his paintings represent the
beauty and action he encounters.
Charlie Clingman
Marcie Hawthorne
Julie Frankel
Abbey Onikoyi, a native of Nigeria,
grew up in a family that was one of the
founding royal families of Lagos, with
a tradition rooted in arts and culture.
His goal is to impact humanity with “a
whole new love” through art, music and
communication. He now resides in San
Luis Obispo, where he owns “Spirits of
Africa” Gallery at the Creamery.
An artist and a dreamer by nature, Alister
Dippner has exploded onto the California
art scene in a big way, from creating
album artwork for a number of
up-and-coming bands and musicians to
showcasing his work in over 35 galleries
and art shows. His over active
imagination lead him to become a
professional muralist for two years
before moving to SLO.
Alister Dippner
Rachel LaBonte is a graduating senior
at Cal Poly, studying Fine Art with a
concentration in studio art. She focuses
primarily on painting and drawing, and is
interested in both fi guration and
abstraction. Mediation and its
relationship to reality and humanity have
been central to her most recent body
of work. She hopes to attend graduate
school in the fall, and is planning on
pursuing a career in the fi eld of Painting.
Rachel LaBonte
Jed is a native of California. He has been
drawing and painting since he was fi ve
years old. He attended the San Francisco
Art Institute and Cal State Hayward. He
is currently a freelance designer and
resides in Templeton with his wife and
several stray cats.
Jed Joyce
Justin grew up on the Central Coast
where he attended Cuesta College
before receiving a Bachelor of Art in Art
Studio from UC Santa Barbara. He now
resides in SLO with his wife Heather
and their two sons, Jude and Liam.
Justin works in various media although
prefers oils. The local landscape plays an
important role in his art.
Justin Johnson
15
16
18
20
19
22Joe has over 20 years of experience
creating commissioned murals and
fi ne art paintings for fi lm, television,
hotels, restaurants and residences
internationally. Whether working on
personal paintings or commissioned
murals, he approaches each with an
open mind, a knowledge of art history
and an array of stylistic techniques.
Joe Bachelor1
2
3
13
12
114
5
6
Marcia is a longtime resident of
San Luis Obispo County. Growing up in
the beautiful Carrizo Plains, and painting
currently in her studio in Creston’s
glowing oak woodlands, her work
is guided by the color and light of
landscape. Her paintings hang in the
County Government Center, Compact
Gallery in San Luis Obispo and Firefl y in
Paso Robles.
Marcia Harvey
9
7
Carol feels lucky to live in Baywood
between the ancient, breathing estuary
and the hills with rocks for bones.
Surrounded by inspiration, this county
has been her home since childhood. Here
she has raised her family, adventured,
wore out a few good dogs, made a
lot of art and friends. “I love it all,
absorbing, living, making art, family and
community.”
Carol Paulsen
Chris Pedersen grew up on the Central
Coast of California. He explored his beau-
tiful surroundings and discovered his
drawing talent and creative imagination.
His art career started with a concentra-
tion of illustration and graphic design.
Currently Chris is making fi ne canvas oil
paintings while he continues to develop
illustrations for a children’s book story,
which will likely inspire the youth to no
end. Chris has maintained the youthful
fantasy aspect of possibility.
Chris Pedersen
A SLO native, Jane grew-up with the
old growth oaks. With big dreams, she
left for her bachelor’s in International
Relations, before reluctantly returning.
Four years later, she’s made her home
anew. When not painting, riding her pink
bike, or pretending to save the world,
she works as a counselor and advocate
at the SARP Center.
Jane Pomeroy
Formerly from Southern California,
Lena Rushing has called the Central
Coast home for 16 years. She is best
known for her large scale, acrylic, fi gure
paintings. Honest and authentic, her
intent is to create vibrant, intriguing
works of art that encourage the viewer
to engage in art related dialogue.
She would describe her paintings as a
marriage between fi gurative
expressionism and surrealism.
Lena Rushing
23
27
28
26
Colleen is an artist and surfer in Central
California. Colleen taught herself to paint
and went on to study art overseas, at the
L‘Accademia di Belle Arti, an art school
founded by Michelangelo in Florence.
Shortly after graduation from UC Santa
Cruz, she moved to Hawaii and began
work as a muralist for various Waikiki
hotels, restaurants, theatres and set
companies. Colleen returned to Shell
Beach, where she works as a studio artist
and muralist, creating works inspired by
her love of the ocean.
Colleen Gnos
Samantha is currently working as a
designer for Stephen Patrick Design in
San Luis Obispo. Her passion is art and
design. Samantha’s love for art began as
a child. Her favorite pastime is to draw.
In college, she started as an art major;
then found herself switching to
Interior Design.
Samantha Pereira
Lynn is an active member of the
Downtown Association’s Design Com-
mittee and the Downtown Foresters.
She works and travels extensively as a
decorative artist for local art company
Douglas Bouman and Associates. In
conjunction with that company, she
recently completed a recreation of the
historic entrance to the Coconut Grove
Hollywood for the Ambassador Project
in Los Angeles.
Lynn Hessler
Robert was born and raised in Santo
Domingo, Dominican Republic. At age 16,
he enrolled in the Academy of Fine Arts
in Santo Domingo, where he spent fi ve
years perfecting his craft. After
completing his studies, Robert became
the offi cial muralist of the Dominican
Presidency. In 2001, Robert moved to
Madrid, Spain in order to pursue his
career as an international artist. Robert
now resides on the Central Coast taking
in the warm sunshine and beautiful
landscapes.
Robert MAJA
Amy McKay has been enjoying the SLO
life since 1995, when she came to
Cal Poly for her degree in landscape
architecture. Art has always been her
fi rst love though, and SLO has been
both a supportive and inspirational
environment for her artistic pursuits.
She is thrilled to be a part of the Box Art
project for the second time and feels
grateful every day to be able to share her
art with others. As often as possible, she
can be found painting in her sunny home
studio at the base of Cerro San Luis.
Amy McKay
joey Salazar
joey Salazar was born on the California
Central Coast. She has traveled many
times to New York and South America
to observe and study art, as well as to
gain inspiration. Along her life’s path
joey has worked with many mediums
including, but not limited to, acrylics,
aerosol, photo collage, water and air.
Her work often expresses her feminine
compassion, wisdom and strength which
she hopes to share with others.
California based stencil artist
STENZSKULL, layers grey tones and
colors with stencils to conjure amazing
portraits and fun concepts. 8 years deep
in his stencil medium he is constantly
evolving and refi ning his artistic style.
Hours and hours put in to design and
hand cutting stencils are surely worth
the fi nal product.
STENZSKULL
Ryan Williams was born in Arlington
Heights, IL. in 1973 and currently lives
and works in San Luis Obispo, CA. He
received his BFA from Cal Poly in 2012,
graduating Magna Cum Laude. His
future goals include obtaining his MFA.
In the meantime, Ryan’s eff orts are set
on developing community and maintain-
ing his daily art practice. This is Ryan’s
second time participating in the Box Art
project/competition.
Ryan Williams
Marcie is a San Luis Obispo artist
who has been working as a muralist,
gardening/natural history book illustrator
and plein air painter for thirty years.
She has earned an academic degree in
Biology from Duke University, a fi ne arts
degree from California College of Arts
and Crafts and has also received
additional training in medical and
biological illustration at Duke Medical
School. Marcie has combined a love of
nature and art in a unique way with her
residential and public art mural painting.
10
14 21
24
25
31
32
8
17
29 Blair Rusin
Blair has since experienced life in most
parts of the world. A world that he loves
and works to save, in his artwork and in
his respect for nature. His artistic talent
has been fueled by the beauty found in
the mountains, the oceans and world
cultures. His dreams fi ll in the missing
pieces. As a snowboarder he has been
able to travel the world to discover and
embrace all elements of beauty and
nature. These experiences and
relationships have been a great tool in
leading him to explore all diversities of
his passions.
Box Art Round 1
Box Art Round 2
| THE PROJECT
The City of San Luis Obispo invited artists residing in San Luis Obispo,
Santa Barbara and Monterey counties to apply for a public art proj-
ect to create art on 32 utility boxes located throughout San Luis
Obispo. The goal of the project is to use utility boxes as “canvases”
for original pieces of art as well as contribute to the vitality and at-
tractiveness of the downtown while deterring graffi ti. Not only will
this project improve the “curb appeal” of one of the most attractive,
interesting and economically vibrant downtowns in America, but it
will also give artists an opportunity to add their personal touch to the
City’s public art collection.
| MORE INFORMATION
www.slopublicart.com
City of San Luis Obispo | 805.781.7300
completed October 2010
GUIDE MAP ON BACK
7.c
Packet Pg. 35 Attachment: c - Box Art Map (1186 : Public Art Funding)
Meeting Date: 12/1/2015
FROM: Shelly Stanwyck, Parks and Recreation Director
Prepared By: Lindsey Stephenson, Administrative Analyst
SUBJECT: AMEND THE JOINT USE AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND SAN LUIS OBISPO COASTAL UNIFIED SCHOOL
DISTRICT (SLCUSD)
RECOMMENDATION
As recommended by the Parks and Recreation Commission, approve Amendment Number One
to the Joint Use Agreement between the City and the SLCUSD and authorize the Mayor to
execute the same.
DISCUSSION
Background
On June 17, 2013, Council approved the current Joint Use Agreement with SLCUSD
(Attachment A). This agreement reflects a mutually beneficial partnership between the City and
SLCUSD allowing each to provide recreational opportunities to local youth. The City’s Parks
and Recreation Commission reviews and advises the Council on the joint use of recreational
facilities in the City. The Joint Use Agreement defines the authority and purpose of the use of
various City and SLCUSD facilities. The current agreement expires in mid-2018 and prior to
that, City and District staff will meet to discuss the terms of a continued Joint Use Agreement.
In the interim, two operational changes have occurred, at each agency respectively, which have
precipitated this request for an amendment.
Why is an amendment to the Joint Use Agreement needed?
There have been operational changes at each organization. First, years ago during an economic
downturn, the City’s Parks and Recreation Department took over the operation of all youth
sports at Laguna Middle School. Rather than eliminate youth sports at this school, SLCUSD
contracted (under the Joint Use Agreement) with Parks and Recreation to provide these
activities. The Recreation Supervisor for Youth and Adult Sports managed this effort and
coordinated volunteer and paid coaches. At this time, SLCUSD wishes to restart its operation
and management of youth sports at Laguna Middle School so that it may better coordinate its
students’ participation in them through High School.
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Second, with the adoption of the Major City Goal to protect and maintain City Open Space, the
Ranger Service program in Parks and Recreation has focused its patrol on open space and creeks.
Previously, Rangers provided patrol of City Parks and school district fiel ds. Given this change,
the routine patrol of SLCUSD facility fields and credit for the same no longer make sense and
SLCUSD has indicated that it can use existing staff as a means of securing its facilities.
Proposed Amendment
Amendment Number One (Attachment B) provides the specific sections which are proposed to
be deleted from the Joint Use Agreement (Section VI, 6.6 and Section X). As noted in the
Amendment the City’s Parks and Recreation Department will continue to provide SLO Teens, an
afterschool enrichment program, at Laguna Middle School. As a result of the deleted sections
SLUCSD will now program youth sports at Laguna Middle School and Ranger Service will no
longer patrol district facilities.
CONCURRENCES
The Parks and Recreation Commission met on November 4, 2015, and discussed the proposed
changes to the Joint Use Agreement (Minutes are Attachment C). The Commissioners have
unanimously recommended that Council adopt the proposed amendment.
FISCAL IMPACT
Under the terms of the existing Joint Use agreement the City pays SLCUSCD an annual fee of
$110,000. The fee has been offset by two credits: $15,000 for Middle School Sports and
approximately $5,000 per year for Ranger patrol. Proposed Amendment One reflects the net
cost that the City has been paying to the District as the new annual fee of $90,000. Existing
contract services budgets exist in Parks and Recreation programs Youth Services and Adult and
Youth Sports to pay this fee. The two programs under the Joint Use Agreement must pay for the
use of SLCUSD facilities and those fees average approximately $90,000 per year. Lastly, the
additional time that the Recreation Supervisor for Adult and Youth Sports has as a result of no
longer programming middle school sports has been redirected to the management of
programming at Laguna Lake Golf Course under its new operational model (approved by
Council upon the adoption of the 2015-17 Financial Plan).
ALTERNATIVES
Do Not Approve the proposed Amendments. Staff recommends approval of the proposed
amendments as they reflect operational changes by two agencies and have been recommended by
the Parks and Recreation Commission whose purview is to review the joint use of City facilities.
Attachments:
a - 2013-2018 SLUSCD Joint Use Agreement_signed 3-3
b - Amendment Number One
c - 11-04-2015 PRC Draft Minutes
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3-3
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Packet Pg. 38 Attachment: a - 2013-2018 SLUSCD Joint Use Agreement_signed 3-3 (1183 : SLOCUSD Joint Use Agreement)
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Packet Pg. 40 Attachment: a - 2013-2018 SLUSCD Joint Use Agreement_signed 3-3 (1183 : SLOCUSD Joint Use Agreement)
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Packet Pg. 41 Attachment: a - 2013-2018 SLUSCD Joint Use Agreement_signed 3-3 (1183 : SLOCUSD Joint Use Agreement)
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Packet Pg. 45 Attachment: a - 2013-2018 SLUSCD Joint Use Agreement_signed 3-3 (1183 : SLOCUSD Joint Use Agreement)
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Packet Pg. 46 Attachment: a - 2013-2018 SLUSCD Joint Use Agreement_signed 3-3 (1183 : SLOCUSD Joint Use Agreement)
AMENDMENT NUMBER ONE
To the Joint Use Agreement Between the City of San Luis Obispo
and the San Luis Coastal Unified School District
This Amendment Number One herein referred to as Amendment is made this _____day of October, 2015,
between the City of San Luis Obispo (City) and San Luis Obispo Coastal Unified School District
(District). This Amendment deletes specific sections of the Joint Use Agreement between the City and
District pertaining to the joint use of facilities which are mutually agreed to be deleted as follows:
Section VI, Program Agreements, 6.6 is deleted with the exception of SLO Teens.
Section VI, Program Agreements. 6.6. Parks and Recreation operates several after-school
programs at Laguna Middle School at no charge or very low cost recovery to the participant for
the benefit of District students and the school’s athletic program. The District agrees to waive the
facility use fees for these programs. The District will credit the City $15,000 plus CPI for each
year to cover a portion of the costs associated with managing this program which includes staff
management and oversight, coaching, and equipment:
•SLO Teens A daily after-school enrichment program
•Intramural Basketball (fall)•Boys Volleyball (spring)
•Cross Country Track (fall)•Golf (spring)
•Girls Volleyball (fall)•Track and Field (spring)
The new Section VI, 6.6 shall read :
6.6 Parks and Recreation will operate an after school at Laguna Middle School at no charge or
low cost recovery for the benefit of District students SLO Teens, a daily after school enrichment
program. The District agrees to waive the facility use fees for this program.
Section X Park Ranger Service are deleted in part.
Section X. Park Ranger Service
City offers to District park ranger patrol services for school athletic fields within the San
Luis Obispo City limits at a cost of $25.75 per hour to be adjusted annually in the manner
described in section 9.1 of this Agreement, and $.565 cents per mile, to be adjusted
quarterly. The level of service required by the District will be negotiated on an annual
basis. City estimates cost at $400 ($320 staff, $80 mileage) per week when fields are
closed and $200 ($160 staff, $40 mileage) per week when fields are available for use.
Section IV. Annual Use Fee from City is Amended and restated to reflect the prior credits and
shall now read at section 9.1:
9.1. District agrees to charge City and annual fee of $90,000 in 201516 for all City use of
District facilities in that year. Thereafter, the fee will be reviewed on an annual basis to
determine level of usage. Should level of usage vary significantly (+/- 10%) from prior
year, the annual fee will be renegotiated accordingly. District will invoice City at the
beginning of each year; the City will make quarterly payments from that invoice.
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Packet Pg. 47 Attachment: b - Amendment Number One (1183 : SLOCUSD Joint Use Agreement)
All other terms and conditions of the Joint Use Agreement between the City and District shall remain in
full force and effect and are mutually agreed to continue as originally executed.
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
A Municipal Corporation
________________________________ By: _____________________________________
Acting City Clerk, Jon Ansolabehere Mayor, Jan Marx
APPROVED AS TO FORM: SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT
________________________________ By: _____________________________________
City Attorney, Christine Dietrick Assistant Superintendent, Business Services,
Ryan Pinkerton
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Packet Pg. 48 Attachment: b - Amendment Number One (1183 : SLOCUSD Joint Use Agreement)
City of San Luis Obispo, Title, Subtitle
1
Council Chambers
990 Palm Street
San Luis Obispo, CA 93401
Wednesday, November 4, 2015, 5:30 p.m.
CALL TO ORDER: Chair Whitener called the meeting to order at 5:32 p.m.
ROLL CALL: Chair Jeff Whitener, Vice Chair Ron Regier and Commissioners Ryan Baker,
Susan Olson, Michael Parolini, Douglas Single and Susan Updegrove
ABSENT: None
COUNCIL: None
STAFF: Shelly Stanwyck, Melissa Mudgett, Bob Hill, Lindsey Stephenson, Devin
Hyfield, Marcus Carloni, John Rickenbach (Contract Planner), Pam Ricci
(Consultant)
Public Comment
None
1. CONSENT AGENDA
A. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of September 2, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
B. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of October 7, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
C. CONSIDERATION OF AMENDMENT TO JOINT USE AGREEMENT WITH
SCHOOL DISTRICT (Shelly)
Motion: (Regier/Updegrove) Recommend to Council approval of the amendment to the Joint
Use Agreement with the School District.
Approved: 7 yes: 0 no: 0 absent
D. CONSIDERATION OF AMENDMENT TO THE ACHIEVEMENT HOUSE
CONCESSIONAIRE AGREEMENT (Mudgett)
Motion: (Regier/Updegrove) Recommend to Council approval to extend the term of the
agreement with the Achievement House at a reduced rate for concessionaire services at the
Laguna Lake Golf Course.
Approved: 7 yes: 0 no: 0 absent
Meeting Minutes
Parks and Recreation Commission 8.c
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City of San Luis Obispo, Title, Subtitle
2
E. CONSIDERATION OF USE AGREEMENT FOR SLO STADIUM WITH SLO
BLUES BASEBALL (Hyfield)
Commissioner Parolini recused himself from discussions regarding Consent item E.
Commissioner Updegrove asked about contract language referencing “respectful”. Director
Stanwyck responded that this most likely was carryover language from the original agreement
which referenced shared uses and collaboration between the “Rattler” and “Blues” Baseball
teams.
Motion: (Regier /Olson) Recommend to Council approval of the Agreement for use of the SLO
Stadium with the Blues Baseball.
Approved: 7 yes: 0 no: 0 absent
2. QUARTERLY REPORT LAGUNA LAKE (Hill)
Bob Hill, Natural Resources Manager, shared that with the adoption of 2015-17 Financial Plan
was the authorization to begin implementation of Laguna Lake Natural Reserve Preservation
Plan. The first years of the Preservation Plan focus on Laguna Lake Management dredging and
sediment management projects, design engineering and provision for the extension of ADA trail.
A Request for Proposal (RFP) was issued for the Dredging and Management Plan and the City
received 4 sealed bids from qualified firms. Staff Hill expressed that one firm stood out in their
“teamed- approach” to the project and knowledge about the project’s financial component.
Currently, City staff is in contract negotiations with MNS Engineers. The City Manager will be
reviewing staff’s recommendations and determine authorization and award of contract by year
end.
3. REVIEW OF PARK PROPOSAL AND PARK CREDIT REQUEST FOR WEST CREEK
PROJECT (Carloni)
Marcus Carloni, Associate Planner, presented to the Commission an overview of the Orcutt Area
Specific Plan (OASP) West Creek Project. This project was first presented to the Commission
on March 4, 21015 for conceptual review. Staff Carloni added that tonight’s presentation is a
second conceptual review. In summary, the project includes 105 multi-family dwelling units, 67
single family units and 2.2 acres of parkland. The developer applicant is seeking 3.66 acres of
parks and open space credits. City staff recommends no further credits for acquisition and credit
fees at this time.
Pam Ricci, Planner with RRM Design group and representative of the applicant, provided a
detailed review of the West Creek project and how the project is consistent with the OASP
requirements and the proposed park elements meet specified conditions for parkland. The West
Creek project provides for additional facility amenities for adjacent and connecting development
sites; such as Righetti Ranch and the Wingate Project. In addition, there is an increased in
mixed-dwelling units from the first conceptual review resulting in increased parkland fees than
originally projected. As a result, the applicant seeks the Commissions’ consideration of
alternative no. 1 and recommendation for City’s acceptance of the proposed public parklands and
open space dedications and improvements present by the West Creek project, and that the
proposed dedications and improvements receive a partial or full “credit” for the OASP Public
Facilities Finance Plan fees.
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City of San Luis Obispo, Title, Subtitle
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RRM Design Group staff presented to the Commissioners a more detailed overview of the West
Creek project. Chris Dufour, RRM Landscape Architect, provided an overview of the proposed
project’s landscaping, park amenities and linear park elements (maintained by HOAs) which
includes bocce ball, horseshoe pits, a concrete ping-pong table, decorative chess tables and
rubberized safety surfaces. Mr. Aaron Abbott, of Robbins Reed, Inc., provided and overview of
project financial costs as outlined below;
Summary of West Creek Project Parkland fees;
$1.2m original projected fees
$1.6m fiscal increase
$1.87m with new multi-unit dwelling fee structure
The new fee structure represents a nearly $400,000 increase in fees from originally projected.
As a result, the applicant is seeking the Commission’s support of partial Parkland credit of 50%
to make West Creek Project financially feasible.
Commissioner Comments:
Chair Whitener, asked of the proposed park amenities would be possible if the applicant does not
receive “credits”. The applicant responded that the project will need to be revised to accommodate
the project costs and that some of the proposed amenities may need to be eliminated. Chair
Whitener asked for clarification on which type of fees can be waived by the Commission. Director
Stanwyck responded that the Park Development Fees (the costs for construction of the park) can be
waived. Staff Carloni cited Section 2.9 of the Specific Plan which indicates a waiver of parkland fee
in lieu of providing park amenities on site. Chair Whitener asked if the OASP is consistent with the
adopted Parks and Recreation Element. Director Stanwyck said that the OASP was adopted after the
Parks and Recreation Element. Chair Whitener said he is concerned that the proposed park and open
space does not meet the needs of Regional Park and therefore he does not support the waiver of
parkland fees as proposed.
Director Stanwyck added that additional and ongoing maintenance costs are not factored into the
projected fees costs. Staff Carloni confirmed that parkland credits would result in less fees being
added to the Parkland Fund; which could be used to support a larger regional park and amenities in
the future.
Commissioner Parolini said he viewed linear parks as smaller parks serving specific neighborhoods
only. He supports the approval of parkland fee credits.
Commissioner Updegrove acknowledged the challenging topography of the project site. She asked
if the dry creek bed was accessible and said she viewed the creek land (even if not developed) as
valuable park space.
Mr. Abbott cited Section 2.3.4 OASP Policy and added that this development meets parkland criteria
set forth in the Orcutt Area Specific Plan by addressing unmet community-wide parkland needs with
the added park/trail connectivity, serving adjacent neighborhoods, the location and types of
amenities proposed, and that these amenities can be provided without a reduction in developments’
dwelling units.
Vice Chair Regier expressed concerned about additional maintenance responsibility should the City
assume ownership of the developed park. He would not support the park deeded over to the City
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City of San Luis Obispo, Title, Subtitle
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Motion: (Baker /Regier) Recommend City Council’s acceptance of the West Creek project as
proposed design is consistent with the OASP and General Plan criteria and policy guidance for
the design of parks and open space.
Approved: 5 yes: 2 no: 0 absent
Motion: (Regier/Baker) Support partial project “credit” relief of Parkland Development fees in
return for assurance that the park features are developed and continue discussions with the
applicant to explore creative solutions concerning ongoing park and proposed park amenity
maintenance.
Approved: 7 yes: 0 no: 0 absent
4. REVIEW UPDATED AVILA RANCH PLAN CONCEPTS (Rickebach)
John Rickenbach, Contract Planner, provided a second conceptual project overview for the Avila
Ranch project. This project includes 150 acres, 700 dwelling units and 16 acres of park. The project
also includes 9.8 acres of neighborhood park, 6.2 acres of mini pocket parks and 1.5 acres of
community needs facilities. Staff Rickenbach reminded the Commission of original feedback
provided to the applicant which included consideration of residential accessibility, bike connectivity,
address lacking recreation facilities (such as community garden, pickleball, off -leash, tot lots, sports
fields and shade trees), co-mingle parking uses as a part of the project design. Staff Rickenbach
added that the applicant will return the Commission following the draft EIR and public input
process. The applicant is seeking the Commission’s guidance regarding the proposed modifications
to the conceptual design.
Commission Comments:
Commissioner Updegrove indicated the new park location is further away from higher density areas
and asked how the applicant will address accessibility. Mr. Steve Peck, applicant, responded that a
new pedestrian bridge has been added to support pedestrian/bicycle connectivity and a straightening
of the bike path was made to improve connectivity with a direct route. The applicant is working with
the County of San Luis Obispo for additional bike bridges. In addition, a community garden has
been incorporated into the conceptual design.
Vice Chair Regier asked about the consideration of using this area for organized recreational sports.
The applicant responded that the proposed design is that of a neighborhood park which will be
supported through Community Services District (CSD) fees.
Commissioner Parolini said he would like to see regulation-sized sports fields considered in future
development designs.
The Parks and Recreation Commission thanked the applicant for incorporating the Commission’s
and the Bicycle Advisory Committee’s feedback into the overall project design. The Parks and
Recreation Commission concurred with the design changes as proposed by the applicant in the
second conceptual review.
5. DIRECTOR’S REPORT (Stanwyck)
Director Stanwyck presented the draft Open Space Maintenance Plan to the Commission. She added
that the draft plan will be presented at the Commissions’ next meeting on December 2, 2015.
Director Stanwyck informed the Commission that there will be three public input sessions designed
to seek public feedback about the plan. The plan will be provided for Council consideration on
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City of San Luis Obispo, Title, Subtitle
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December 17th. Director Stanwyck indicated that through this process the City has learned that we
are forerunners in the development of an Open Space Maintenance Plan as many municipalities in
the Unites States to not have one. Staff will be seeking Commission feedback about the draft plan on
December 2nd.
6. SUBCOMMITTEE LIAISON REPORTS (all)
Adult and Senior Programming: Commissioner Baker reported that adult sports are going
well. Softball will be ending November 18. Adult Softball will begin Spring season in
March 2016. There is no report for the Senior Center. Golf Course revenue is up.
Bicycle Advisory: Vice Chair Regier said that the BAC reviewed the Avila Ranch Plan.
There is a new program for “adopt a bike trail”. The Committee discussed a bike bridge at
Los Osos Valley Road (LOVR), bike parking for events and the recently approved Railroad
Safety Trail (RRST) extension.
City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Parolini
said the pool is still under construction.
Jack House Committee: Commissioner Updegrove said she missed the last meeting but
reported that the “Haunted Stories of Old San Luis” reported 140 people touring the house.
Tree Committee: Commissioner Olson reported that the Fall Arbor Day Celebration will be
held on November 7th 10:00am at Fire Station #1 (2160 Santa Barbara Street). There will be
a “lunch and learn” meeting to learn more about the City’s tree removal process on Nov 19,
2016 from 12:00pm-1:00pm.
Youth Sports: Commissioner Single said he was unable to attend the YSA meeting. Chair
Whitener attended the meeting and reported that the YSA field goals have been installed at
Laguna Middle School. The YSA contract with the School District remains on a year-to-year
contract basis and he reported that the YSA pays $25,000 to the School District for annual
field use.
7. COMMUNICATIONS
None
Adjourned at 8:03pm to the Regular Meeting on December 2, 2015 at the Council Chambers,
990 Palm Street, at 5:30pm.
Approved by the Parks and Recreation Commission on __________________.
________________________________________________
Melissa C. Mudgett, Recreation Manager
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Meeting Date: 12/1/2015
FROM: Shelly Stanwyck, Parks and Recreation Director
Prepared By: Melissa C. Mudgett, Parks and Recreation Manager
SUBJECT: EXTENSION OF THE LAGUNA LAKE GOLF COURSE
CONCESSIONAIRE LEASE AGREEMENT WITH ACHIEVEMENT
HOUSE, INC. AND REDUCTION OF RENTAL PAYMENT
RECOMMENDATION
As recommended by the Parks and Recreation Commission:
1. Eliminate rental payments during the initial term of the Amended Concessionaire Agreement
between the City and Achievement House, Inc; and
2. Authorize Amendment No. 2 to Agreement which approves an extension of the
Concessionaire Lease between the City and Achievement House through October 19, 2019 at
a rental rate of $1,800 per annum.
DISCUSSION
Background
On October 19, 2010 the City Council approved an amended Concessionaire Agreement with
Achievement House, Inc. (Attachment A). This agreement reflects a mutually beneficial
partnership between the City and the Achievement House to provide food and beverage
concessions at the Laguna Lake Golf Course while providing for an array of vocational services
and workplace skills to developmentally disabled adults.
The approved Concessionaire Agreement allowed the offset of the costs of kitchen facility
improvements at the golf course against “rent”. The initial term of the agreement runs to late
October 2016 and has an optional three-year extension. Achievement House has requested an
amendment to the current Concessionaire Agreement which would eliminate any rent payments
for the remainder of the initial term and minimal rent during the allowed extension.
Achievement House, Inc.
Achievement House is a 501(c)3 non-profit corporation based in San Luis Obispo, which
provides employment opportunities, skills development and workplace integration for
developmentally disabled adults. Currently, Achievement House provides concessionaire
services to the several Central Coast communities with the 11th Hole Grill at the Laguna Lake
Golf Course, Orange Dog Café in Atascadero, Café Bob at Camp Roberts Military Base and the
Grub Hub Concessionaire Stand at the Santa Maria Transportation Center. Achievement House
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has been successfully operating the 11th Hole Grill since 2011 and has played a role in the daily
operations at the Laguna Lake Golf Course. Achievement House desires to continue to lease the
premises at Laguna Lake Golf Course and the current lease arrangement has proven mutually
beneficial for both the City and the community.
Elimination of Rental Payment During Initial Lease Term
Per the Amended Concessionaire Agreement, all of the kitchen facility improvements for the 11th
Hole Grill (estimated at $60,000 upon amendment) were to be performed and paid-for by the
Achievement House as a condition of the Agreement. The amount expended for facility
improvements was to be credited by the City against the monthly lease obligation of
$1,250/month and should be equal to the amount expended for the building improvements.
Based upon Achievement House’s original investment estimate of $60,000, the lease credit
would be given for four years until which time the monthly base-rate of $1,250 would apply.
However, the costs to improve the building site (kitchen, club house and restaurant equipment)
significantly exceeded the original estimate by $20,000; with a total facility improvement cost of
$85,000. In addition, Achievement House was delayed occupancy and did not assume residence
of the kitchen to become fully operational until late March 2011. Based upon this information
and the intent of the Amended Agreement, staff recommends allowing the rental credit term run
the length of the initial term of the Amended Concessionaire Agreement until October 19, 2016.
Request for Extension of Concessionaire Agreement
The Achievement House has expressed to the City Council its concern about the financial
investment needed to operate the 11th Hole Grill as along with limited concessionaire sales. Both
have significantly impacted Achievement House’s ability to pay the monthly lease fee originally
agreed to (Attachment B). At this time, Achievement House is requesting the Council allow it to
have a credit for rental payments during the initial term of the Amended Concessionaire
Agreement and to recommend the approval of the three-year extension at a reduced lease rate of
$1,800 per year.
Proposed Amendment Number Two and Extension
The proposed Amendment Number Two to the Achievement House Concessionaire Agreement
is provided and is consistent with the City’s guidelines for leases of City-owned buildings and
real property. The base lease is proposed at $1,800 annually and reflects the true costs of annual
gas utilities used for concessionaire operations at the Laguna Lake Golf Course. Parks and
Recreation staff is recommending an annual Consumer Price Index (CPI) evaluation of the gas
utility costs occurring each July 1. The Amendment Number Two also extends the initial term
of the Amended Concessionaire Agreement to October 19, 2019.
The City's Financial Management Manual, Section 475-C (Property Management and Disposal)
provides guidance regarding the leasing of City-owned buildings and real properties and is
summarized below:
Leases of City-Owned Buildings and Real Property
The following guidelines apply to leases of City-owned buildings to outside parties.
Leases with Non-Profit Organizations
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1. Requests for the long-term use of City property by non-profit organizations
should generally follow the same review procedures as the sale or lease of City
property by private for-profit entities.
2. The proposed use should be consistent with the goals and objectives of the
City's General Plan and not conflict or preclude any existing or planned City use.
3. Any development or operations directly related to the proposed use should have
a clear and measurable community benefit in alignment with City goals, policies,
and plans.
4. Any lease agreements for the use of City property by non-profit organizations
that charge a less than market rate for the City property should include a provision
for community access and/or City use, or operate in close partnership in the
delivery of City services.
5. Lessees will be responsible for all property related use taxes that may be
assessed.
CONCURRENCES
The Parks and Recreation Commission met on November 4, 2015 and provided input on
proposed changes to the Concessionaire Agreement (Attachment D, Meeting Minutes). The
Parks and Recreation Commission unanimously supported the elimination of rental payments for
Achievement House during its initial term as well as Council’s authorization of a contract
extension with Achievement House at a reduced rate.
Parks and Recreation staff have met with Achievement House representatives to discuss the
proposed amendments to the Concessionaire Agreement. Achievement House concurs with the
terms of the agreement amendment as proposed.
FISCAL IMPACT
Achievement House lease revenues were not calculated into the Parks and Recreation
Departments’ revenue projections for the 2015-17 Financial Plan as a request for relief from
them was received during the forecasting of said revenues. The proposed annual lease rate of
$1,800, during the Extension Term, as discussed above, is based on the average annual gas utility
costs to maintain the Laguna Lake Golf Course concessionaire services. The annual lease fee
will be adjusted by the current CPI during the extension term. Upon the expiration of the
agreement term in October 2019, the agreement terms will be reviewed and recommendations
provided to the Parks and Recreation Commission and the City Council for consideration.
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ALTERNATIVES
1. Seek Requests for Proposals. The Council could choose to deny the extension of the
Concessionaire Agreement with Achievement House and direct staff to pursue to
proposals for these services. Staff does not recommend this alternative. In 2008, a
Request for Proposals for concessionaire at the golf course yielded no responses. T he
current concessionaire, Achievement House, has provided an equally beneficial service to
the golf course since 2010.
2. Deny Modification to Rental Payments. The City Council could amend the proposed
Concessionaire Agreement, denying a reduction in rental fees, and approve a lease
agreement at the full market rent of $1,250 per month or $15,000 annually to the
Achievement House. This alternative is not recommended as Achievement House has
significantly invested in the facility improvements necessary to conduct concessionaire
services at this location. Additionally, the City Council has previously determined that
the proposed used by the Achievement House has a clear and measurable community
benefit in alignment with City goals.
Attachments:
a - CAR 10.10.10
b - Council Corresp_AH
c - Amendment No 2 to Agreement
d - PRC Minutes 11.4.15
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9.a
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ACHIEVEMENT
HOUSE, INC.
RECEIVED
MAY 282015
S1.O CITY CLERK
May 26, 2015
Mayor Jan Howell Marx
City Council Members COUNCIL MEETING:
City of San Luis Obispo ITEM NO.: 990 Palm Street 21
San Luis Obispo, CA 93401
RE: Amendment to concessionaire agreement with Achievement House I/Inc
Dear Mayor Marx and City Council Members,
Achievement House, Incorporated (AHI) is requesting an amendment to the current
concessionaire agreement for food and beverage services it provides at the Laguna Lake
Golf Course.
The current agreement has the implementation of a $1,250 /month rent at year 5 of an
initial 7 year term, once building improvements and equipment necessary to operate a
concessionaire have been completed. This was based on the original investment estimate
to be $60,000 ($1,250 times 48 months equals $60,000) and, thus, rent credit given for 4
years.
However, the initial and continual costs to improving the building site (i.e., kitchen and club
house) and equipment has exceeded $60,000 and is closer to $85,000.
The agreement also has retail revenue sharing if Achievement House earns a net of
50,000 per year in the first four years of the contract. This has not been the case in that
the first year the concessionaire operated in the red (- $5,300) and the last three years has
netted an average of $17,000 (based on program fees and retail revenue). Average retail
per month currently is $1912.50.
Based on these numbers (increased financial investment to operate, as well as limited
concessionaire sales) Achievement House, Inc. is requesting the City Council to amend
the current agreement to waive the rent of $1,250 /month and revenue sharing for the
remaining 3 years of the agreement. Achievement House, instead, is proposing to relook
this at the three year extension (year 7) and base rent on retail sales per month (i.e., if
retails hits $3,000 /month rent will be 10% of sales, $300).
The 11th Hole Grill at the Laguna Lake Golf Course is an important venue in AHI's
vocational training program for adults with developmental disabilities and appreciates the
City's support of our mission.
With the new programs and ideas the Parks and Recreation Department is looking to
implement at the Laguna Lake Golf Course, Achievement House is excited about the future
and hopes the City Council will consider this amendment.
Respectfully yours,
Crystal Nevosh, M.S.
Executive Director
Achievement House, Inc.
ACHIEVEMENT HOUSE INC.
3003 CUESTA COLLEGE ROAD I SAN LUIS OBISPO, CA 93405 1 PHONE: 805.543.9383 1 FAx: 805.543.9384 1 www,achievementhouse.org
9.b
Packet Pg. 76 Attachment: b - Council Corresp_AH (1184 : Achievement House Agreement)
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Packet Pg. 77 Attachment: b - Council Corresp_AH (1184 : Achievement House Agreement)
AMENDMENT Number 2
To the AGREEMENT TO PROVIDE CONCESSIONAIRE SERVICES FOR THE LAGUNA LAKE
GOLF COURSE
This Amendment Number Two is made and entered into in the City of San Luis Obispo on
______________, 2015 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and ACHIEVEMENT HOUSE, INC., hereinafter referred to as Lessee.
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, for three years, as mutually agreed upon by the City and Lessee;
extending the full contract term to 10 years. This Concessionaire Agreement is set to expire on
December 1, 2018.
2. RENT. For use of the kitchen facilities which is located at the Laguna Lake Golf Course and
which address is 11175 Los Osos Valley Road (“the premises”), the Lessee shall pay rent of
$1,800 per year. The lease annual fee (the average gas utility cost to maintain the restaurant
facilities) shall be adjusted annually each July 1 by the current Consumer Price Index during the
3-year extension of the term. The annual lease fee shall be paid to the City by December 1 of
each year.
All other terms and conditions of the Concessionaire Agreement and Amendment No. 1 shall remain in
full force and effect and are mutually agreed to continue as originally executed.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first written above.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
__________________________ _____________________________
Jon Ansolabehere, Interim City Clerk Jan Marx, Mayor
APPROVE AS TO FORM: ACHIEVEMENT HOUSE, INC.
_____________________________ _____________________________
J. Christine Dietrick, City Attorney Crystal Nevosh, Executive Director
9.c
Packet Pg. 78 Attachment: c - Amendment No 2 to Agreement (1184 : Achievement House Agreement)
City of San Luis Obispo, Title, Subtitle
1
Council Chambers
990 Palm Street
San Luis Obispo, CA 93401
Wednesday, November 4, 2015, 5:30 p.m.
CALL TO ORDER: Chair Whitener called the meeting to order at 5:32 p.m.
ROLL CALL: Chair Jeff Whitener, Vice Chair Ron Regier and Commissioners Ryan Baker,
Susan Olson, Michael Parolini, Douglas Single and Susan Updegrove
ABSENT: None
COUNCIL: None
STAFF: Shelly Stanwyck, Melissa Mudgett, Bob Hill, Lindsey Stephenson, Devin
Hyfield, Marcus Carloni, John Rickenbach (Contract Planner), Pam Ricci
(Consultant)
Public Comment
None
1. CONSENT AGENDA
A. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of September 2, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
B. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of October 7, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
C. CONSIDERATION OF AMENDMENT TO JOINT USE AGREEMENT WITH
SCHOOL DISTRICT (Shelly)
Motion: (Regier/Updegrove) Recommend to Council approval of the amendment to the Joint
Use Agreement with the School District.
Approved: 7 yes: 0 no: 0 absent
D. CONSIDERATION OF AMENDMENT TO THE ACHIEVEMENT HOUSE
CONCESSIONAIRE AGREEMENT (Mudgett)
Motion: (Regier/Updegrove) Recommend to Council approval to extend the term of the
agreement with the Achievement House at a reduced rate for concessionaire services at the
Laguna Lake Golf Course.
Approved: 7 yes: 0 no: 0 absent
Meeting Minutes
Parks and Recreation Commission 9.d
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City of San Luis Obispo, Title, Subtitle
2
E. CONSIDERATION OF USE AGREEMENT FOR SLO STADIUM WITH SLO
BLUES BASEBALL (Hyfield)
Commissioner Parolini recused himself from discussions regarding Consent item E.
Commissioner Updegrove asked about contract language referencing “respectful”. Director
Stanwyck responded that this most likely was carryover language from the original agreement
which referenced shared uses and collaboration between the “Rattler” and “Blues” Baseball
teams.
Motion: (Regier /Olson) Recommend to Council approval of the Agreement for use of the SLO
Stadium with the Blues Baseball.
Approved: 7 yes: 0 no: 0 absent
2. QUARTERLY REPORT LAGUNA LAKE (Hill)
Bob Hill, Natural Resources Manager, shared that with the adoption of 2015-17 Financial Plan
was the authorization to begin implementation of Laguna Lake Natural Reserve Conservation
Plan. The first years of the Conservation Plan focus on Laguna Lake Management dredging and
sediment management projects, design engineering and provision for the extension of ADA trail.
A Request for Proposal (RFP) was issued for the Dredging and Management Plan and the City
received 4 sealed bids from qualified firms. Staff Hill expressed that one firm stood out in their
“teamed- approach” to the project and knowledge about the project’s financial component.
Currently, City staff is in contract negotiations with MNS Engineers. The City Manager will be
reviewing staff’s recommendations and determine authorization and award of contract is
expected within a few weeks.
3. REVIEW OF PARK PROPOSAL AND PARK CREDIT REQUEST FOR WEST CREEK
PROJECT (Carloni)
Marcus Carloni, Associate Planner, presented to the Commission an overview of the Orcutt Area
Specific Plan (OASP) West Creek Project. This project was first presented to the Commission
on March 4, 21015 for conceptual review. Staff Carloni added that tonight’s presentation is a
second conceptual review. In summary, the project includes 105 multi-family dwelling units, 67
single family units and 2.2 acres of parkland. The developer applicant is seeking 3.66 acres of
parks and open space credits. City staff recommends no further credits for acquisition and credit
fees at this time.
Pam Ricci, Planner with RRM Design group and representative of the applicant, provided a
detailed review of the West Creek project and how the project is consistent with the OASP
requirements and the proposed park elements meet specified conditions for parkland. The West
Creek project provides for additional facility amenities for adjacent and connecting development
sites; such as Righetti Ranch and the Wingate Project. In addition, there is an increased in
mixed-dwelling units from the first conceptual review resulting in increased parkland fees than
originally projected. As a result, the applicant seeks the Commissions’ consideration of
alternative no. 1 and recommendation for City’s acceptance of the proposed public parklands and
open space dedications and improvements present by the West Creek project, and that the
proposed dedications and improvements receive a partial or full “credit” for the OASP Public
Facilities Finance Plan fees.
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City of San Luis Obispo, Title, Subtitle
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RRM Design Group staff presented to the Commissioners a more detailed overview of the West
Creek project. Chris Dufour, RRM Landscape Architect, provided an overview of the proposed
project’s landscaping, park amenities and linear park elements (maintained by HOAs) which
includes bocce ball, horseshoe pits, a concrete ping-pong table, decorative chess tables and
rubberized safety surfaces. Mr. Aaron Abbott, of Robbins Reed, Inc., provided and overview of
project financial costs as outlined below;
Summary of West Creek Project Parkland fees;
$1.2m original projected fees
$1.6m fiscal increase
$1.87m with new multi-unit dwelling fee structure
The new fee structure represents a nearly $400,000 increase in fees from originally projected.
As a result, the applicant is seeking the Commission’s support of partial Parkland credit of 50%
to make West Creek Project financially feasible.
Commissioner Comments:
Chair Whitener, asked of the proposed park amenities would be possible if the applicant does not
receive “credits”. The applicant responded that the project will need to be revised to accommodate
the project costs and that some of the proposed amenities may need to be eliminated. Chair
Whitener asked for clarification on which type of fees can be waived by the Commission. Director
Stanwyck responded that the Park Development Fees (the costs for construction of the park) can be
waived. Staff Carloni cited Section 2.9 of the Specific Plan which indicates a waiver of parkland fee
in lieu of providing park amenities on site. Chair Whitener asked if the OASP is consistent with the
adopted Parks and Recreation Element. Director Stanwyck said that the OASP was adopted after the
Parks and Recreation Element. Chair Whitener said he is concerned that the proposed park and open
space does not meet the needs of Regional Park and therefore he does not support the waiver of
parkland fees as proposed.
Director Stanwyck added that additional and ongoing maintenance costs are not factored into the
projected fees costs. Staff Carloni confirmed that parkland credits would result in less fees being
added to the Parkland Fund; which could be used to support a larger regional park and amenities in
the future.
Commissioner Parolini said he viewed linear parks as smaller parks serving specific neighborhoods
only. He supports the approval of parkland fee credits.
Commissioner Updegrove acknowledged the challenging topography of the project site. She asked
if the dry creek bed was accessible and said she viewed the creek land (even if not developed) as
valuable park space.
Mr. Abbott cited Section 2.3.4 OASP Policy and added that this development meets parkland criteria
set forth in the Orcutt Area Specific Plan by addressing unmet community-wide parkland needs with
the added park/trail connectivity, serving adjacent neighborhoods, the location and types of
amenities proposed, and that these amenities can be provided without a reduction in developments’
dwelling units.
Vice Chair Regier expressed concerned about additional maintenance responsibility should the City
assume ownership of the developed park. He would not support the park deeded over to the City
9.d
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City of San Luis Obispo, Title, Subtitle
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Motion: (Baker /Regier) Recommend City Council’s acceptance of the West Creek project as
proposed design is consistent with the OASP and General Plan criteria and policy guidance for
the design of parks and open space.
Approved: 5 yes: 2 no: 0 absent
Motion: (Regier/Baker) Support partial project “credit” relief of Parkland Development fees in
return for assurance that the park features are developed and continue discussions with the
applicant to explore creative solutions concerning ongoing park and proposed park amenity
maintenance.
Approved: 7 yes: 0 no: 0 absent
4. REVIEW UPDATED AVILA RANCH PLAN CONCEPTS (Rickebach)
John Rickenbach, Contract Planner, provided a second conceptual project overview for the Avila
Ranch project. This project includes 150 acres, 700 dwelling units and 16 acres of park. The project
also includes 9.8 acres of neighborhood park, 6.2 acres of mini pocket parks and 1.5 acres of
community needs facilities. Staff Rickenbach reminded the Commission of original feedback
provided to the applicant which included consideration of residential accessibility, bike connectivity,
address lacking recreation facilities (such as community garden, pickleball, off -leash, tot lots, sports
fields and shade trees), co-mingle parking uses as a part of the project design. Staff Rickenbach
added that the applicant will return the Commission following the draft EIR and public input
process. The applicant is seeking the Commission’s guidance regarding the proposed modifications
to the conceptual design.
Commission Comments:
Commissioner Updegrove indicated the new park location is further away from higher density areas
and asked how the applicant will address accessibility. Mr. Steve Peck, applicant, responded that a
new pedestrian bridge has been added to support pedestrian/bicycle connectivity and a straightening
of the bike path was made to improve connectivity with a direct route. The applicant is working with
the County of San Luis Obispo for additional bike bridges. In addition, a community garden has
been incorporated into the conceptual design.
Vice Chair Regier asked about the consideration of using this area for organized recreation al sports.
The applicant responded that the proposed design is that of a neighborhood park which will be
supported through Community Services District (CSD) fees.
Commissioner Parolini said he would like to see regulation-sized sports fields considered in future
development designs.
The Parks and Recreation Commission thanked the applicant for incorporating the Commission’s
and the Bicycle Advisory Committee’s feedback into the overall project design. The Parks and
Recreation Commission concurred with the design changes as proposed by the applicant in the
second conceptual review.
5. DIRECTOR’S REPORT (Stanwyck)
Director Stanwyck presented the draft Open Space Maintenance Plan to the Commission. She added
that the draft plan will be presented at the Commissions’ next meeting on December 2, 2015.
Director Stanwyck informed the Commission that there will be three public input sessions designed
to seek public feedback about the plan. The plan will be provided for Council consideration on
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City of San Luis Obispo, Title, Subtitle
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December 17th. Director Stanwyck indicated that through this process the City has learned that we
are forerunners in the development of an Open Space Maintenance Plan as many municipalities in
the Unites States to not have one. Staff will be seeking Commission feedback about the draft plan on
December 2nd.
6. SUBCOMMITTEE LIAISON REPORTS (all)
Adult and Senior Programming: Commissioner Baker reported that adult sports are going
well. Softball will be ending November 18. Adult Softball will begin Spring season in
March 2016. There is no report for the Senior Center. Golf Course revenue is up.
Bicycle Advisory: Vice Chair Regier said that the BAC reviewed the Avila Ranch Plan.
There is a new program for “adopt a bike trail”. The Committee discussed a bike bridge at
Los Osos Valley Road (LOVR), bike parking for events and the recently approved Railroad
Safety Trail (RRST) extension.
City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Parolini
said the pool is still under construction.
Jack House Committee: Commissioner Updegrove said she missed the last meeting but
reported that the “Haunted Stories of Old San Luis” reported 140 people touring the house.
Tree Committee: Commissioner Olson reported that the Fall Arbor Day Celebration will be
held on November 7th 10:00am at Fire Station #1 (2160 Santa Barbara Street). There will be
a “lunch and learn” meeting to learn more about the City’s tree removal process on Nov 19,
2016 from 12:00pm-1:00pm.
Youth Sports: Commissioner Single said he was unable to attend the YSA meeting. Chair
Whitener attended the meeting and reported that the YSA field goals have been installed at
Laguna Middle School. The YSA contract with the School District remains on a year-to-year
contract basis and he reported that the YSA pays $25,000 to the School District for annual
field use.
7. COMMUNICATIONS
None
Adjourned at 8:03pm to the Regular Meeting on December 2, 2015 at the Council Chambers,
990 Palm Street, at 5:30pm.
Approved by the Parks and Recreation Commission on __________________.
________________________________________________
Melissa C. Mudgett, Recreation Manager
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Meeting Date: 12/1/2015
FROM: Shelly Stanwyck, Parks and Recreation Department Head
Prepared By: Devin Hyfield, Parks and Recreation Supervisor
SUBJECT: SLO BASEBALL ALLIANCE (SLO BLUES) STADIUM USE AGREEMENT
RECOMMENDATION
As recommended by the Parks and Recreation Commission approve a Stadium Use Agreement with
the SLO Baseball Alliance, LLC (the “SLO Blues”) for the use of San Luis Obispo Baseball
Stadium at Sinsheimer Park for 2015 to 2021 and authorize the Mayor to execute the Agreement.
DISCUSSION
Background
Since its construction in the mid-1960’s, the San Luis Obispo Baseball Stadium at Sinsheimer
Park has been the home to several baseball organizations including a collegiate team (the SLO
Blues).
The SLO Blues have existed as a collegiate baseball team in San Luis Obispo since 1946. On
December 15, 2009, Council agreed to a new one-year stadium use agreement with SLO Blues.
Under Adam Stowe’s ownership and leadership the SLO Blues fulfilled the term of this initial
agreement and the City authorized its right for a longer term agreement in 2010, thereby
allowing SLO Blues’ use of the Stadium at Sinsheimer Park for the 2010 through 2015 seasons.
The SLO Blues season typically begins in May and runs to the end of July.
SLO Blues has a highly competent and involved management staff and has had excellent
relations and communication with the City and other stadium users each year. They have
complied with all terms of its stadium use agreement and rental payment plans. The SLO Blues
are requesting another long-term use agreement for the Sinsheimer Stadium.
Request for Long-Term Seasonal Use of Sinsheimer Stadium
The stadium use agreement with SLO Blues expires at the end of 2015. The SLO Blues have
requested a long-term stadium use agreement so that they can prepare long range strategic
business and marketing plans. In order for the team to market, promote, and schedule games, a
long term use agreement is needed. The City’s Community Partnership Policy guides the long
term facility agreement with the SLO Blues, and supports an ongoing partnership between the
City and SLO Blues due to this enhanced programming. The SLO Blues provide a clear and
measurable community benefit in alignment with City goals, have created a positive working
relationship with the community and is a long-standing organization integrated into the fabric of
the City and community.
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At this time, in light of the positive working relations between the SLO Blues and the City, the
community benefit it provides (socially and recreationally), and the historical use of this facility
by the SLO Blues, staff recommends continuing to allow this long-term seasonal use (May
through July) of the Stadium.
CONCURRENCES
The Parks and Recreation Commission reviewed the proposed Stadium Use Agreement between
SLOBALL (the SLO Blues) and the City of San Luis Obispo on November 4, 2015. Draft
minutes are included as Attachment B. It was moved and approved by the Parks and Recreation
Commission 6-1(Parolini recused) that Council adopt the proposed Agreement with the SLO
Blues.
FISCAL IMPACT
The SLO Blues utilize the Sinsheimer Stadium from May through July and have game day
attendance that ranges from 825 to 2,000 people with an annual attendance of approximately
30,000 people. Under the proposed agreement, the SLO Blues will be charged at the current
City facility rental fees with fees adjusted annually. Revenues are anticipated to be around
$14,000 per season and those revenues have been included in projected revenue income for the
General Fund. Parks and Recreation and Public Works staff will continue to supervise and
maintain all Stadium related activities.
ALTERNATIVES
1. Revise the Agreement As Proposed. Council could direct staff to revise various terms
of the agreement to better reflect Council’s intent. If Council has specific revision they
should be given when this item is presented for review.
2. Not Approve the Agreement. Council could elect to not approve this agreement. Staff
does not believe that there is a compelling reason to do so. This agreement represents a
long term community partnership based on historical use and community benefit.
Attachments:
a - 2015-2020 SLOBALL Stadium Agreement
b - 11-04-15 PRC Draft Minutes
Council Reading File - Partnership Policy
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USE AGREEMENT FOR SAN LUIS OBISPO BASEBALL STADIUM WITH SAN LUIS
OBISPO BASEBALL ALLIANCE, LLC
This Agreement, made and entered into this _________] day of, December 2015, by and between the
CITY OF SAN LUIS OBISPO, hereinafter referred to as “CITY” and THE SLO BASEBALL
ALLIANCE, LLC, hereinafter referred to as “PERMITTEE.”
RECITALS
WHEREAS, City is the owner and operator of San Luis Obispo Baseball Stadium, located in
Sinsheimer Park, hereinafter “FACILITY;” and
WHEREAS, in accordance with the provisions of the San Luis Obispo Municipal Code, the City,
within its discretion, allows for the use of the Facility by interested persons and groups , both public and
private; and
WHEREAS, the parties hereby agree they shall carry out this agreement in good faith, and in a
manner that demonstrates professionalism, respect and accountability.
WHEREAS, Permittee seeks to schedule baseball games and/or tournaments at the Facility.
NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and
conditions herein set forth, City and Permittee mutually agree and covenant as follows:
1. MANAGEMENT AND COMMUNICATION.
1.1 A norm of respectful communication and problem solving in the day-to-day implementation of the
agreement.
1.2 Standard methods of communication that assure reliable and timely responses that minimize the
need for redundant follow-up or urgent “last minute” action.
1.3 Proposals for new events or considerations not covered in this agreement are made with appropriate
lead-time, ten (10) days, so that parties may thoroughly understand such requests and respond consistent
with their respective procedural requirements.
1.4 That problems, when they occur, are addressed between the parties directly involved according to
defined Permittee and City contacts, in a manner that respects the individuals and their responsibilities.
1.5 That notification of failures to abide by the terms of the agreement are clearly and respectfully
expressed, with follow-up sanctions that are proportionate to the failure, as expressed in this agreement.
1.6 That problems and failures in the implementation of the agreement are rare and unintentional, with
an overall experience that is characterized as smooth, cooperative, and highly respectful of the mutual
understandings herein agreed to between the parties.
10.a
Packet Pg. 86 Attachment: a - 2015-2020 SLOBALL Stadium Agreement (1182 : SLO Baseball Alliance (SLO Blues) Agreement)
2. USE APPLICATION.
2.1 Application and Use. City hereby grants to Permittee the right to use and occupy the Facility, solely
for the purposes set forth in this Agreement and upon the terms and conditions hereinafter expressed.
This agreement applies to the use of Facility and the adjacent barbecue area only. The use of the Facility
is for regulation baseball games only.
2.2 Non-exclusivity. Use of Facility and adjacent parking lot by Permittee is not exclusive. The City
reserves the right to use and occupy the Facility except as provided in section 2.1 above.
3. TERM.
This Agreement shall be in effect for a period from the date entered until December 31, 2020. Either
party may cancel this agreement provided thirty (30) days written notice is given, unless specified
otherwise in this agreement.
4. FEES, LICENSES AND INSURANCE.
4.1 Rental fees will reflect the current City rates for the use of the Stadium at the time the rental occurs.
The City will not honor fee waiver requests for this use. No later than seven (7) working days prior to
the first scheduled game of each season of use pursuant to the Agreement or any subsequent ex tension
thereof, all use fees in conjunction with the use permit are due and payable to the City. Any additional
charges incurred during the season shall be due immediately upon presentation of a revised permit.
4.2 Business Tax License. Permittee shall have a current City business tax license to conduct activities
at the Facility. A copy of the business license must be presented to the Parks and Recreation
Department no later than seven (7) working days prior to the first scheduled game. Should the business
tax license expire during the term of the permit, Permittee shall present proof of license renewal on or
before the due date of the license in order to continue use of the Facility for the remainder of the season.
4.3 Liability Insurance. Permittee shall maintain commercial general liability insurance with coverage
at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per
occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage,
including without limitation, blanket contractual liability. If alcohol is sold during the permitted activity,
coverage must include full liquor liability in the amount of $1,000,000 per occurrence, $2,000,000
general aggregate. Agency, its officers, officials, agents, and employees shall be included as insureds on
the policy. A CG 20 26 or equivalent, blanket endorsement or section of the policy. Endorsement shall
cover the City of San Luis Obispo, its officers, agents, employees and volun teers as additional insured.
A copy of the certificate of insurance must be presented to the City no later than seven (7) working days
prior to the first scheduled game. Permittee is required to have insurance claim forms on site in the event
of injury to spectators, players or other parties.
4.4 Indemnification. To the fullest extent permitted by law, the Permittee shall defend, indemnify, save,
and hold harmless the City and its officers and employees from any and all claims, costs and liability for
any damages, sickness, death, or injury to person(s) or property, including without limitation all
consequential damages, from any cause whatsoever arising directly or indirectly from or connected with
the use of the Facility, operations or services of the Permittee or its agents, gusts, invitees, employees or
subcontractors hereunder, save and except claims or litigation arising through the proven sole active
negligence or sole willful misconduct of the City or its officers or employees, and will make good to and
reimburse City for any expenditures, including reasonable attorneys’ fees, the City may make by reason
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of such matters and, if requested by the City will defend any such suits at the sole cost and expense of
the Permittee.
5. OPERATION AND MANAGEMENT PLAN.
5.1 Field Preparation Needs. No later than five (s) working days prior to the first scheduled game,
Permittee shall submit in writing to the Parks Maintenance Supervisor in the Public Works Department
its field preparation needs; Permittee may incur additional costs if the Parks Maintenance Supervisor
determines that the City will need to perform additional field preparations for th e Permittee beyond
those completed during normal work hours. Permittee will be billed on a monthly basis for additional
preparations completed. Permittee may opt to complete its own field preparation. Access to the playing
field will be allowed three hours before scheduled game time. Permittee will be required to have a point
of contact for all field maintenance issues and will be required to attend a field preparation training
offered by Parks Maintenance.
5.2 Security Guards. Permittee shall provide one security officer, who is employed by a bonded private
security service, for the purpose of monitoring the stadium area, alcohol sales and consumption, and
outside the parking lot area. Permittee may be required to supply additional bonded security officers at
the direction of the City. Should circumstances dictate the need for additional security, the Permittee
shall provide such upon written request by the City. Security officers shall be on duty 30 minutes before
game time and stay until 30 minutes after the completion of the game.
5.3 Special Events. All special event activities at the facility shall comply with the current City special
event application process. Special event information must be submitted at least 90 days before the
planned date of the event. Permittee is required to notify each property owner, business owner and/or
resident affected by the scheduled event 30 days prior. Fireworks shall count as Special Events.
5.4 Parking Plan & Monitor. Permittee shall provide a written parking plan for heavily impacted dates
noting bike valet services, alternative parking, and steps to minimize parking impacts. Permittee shall
provide at least one parking monitor in addition to the security officer (s), before, during and after all
scheduled games. Players and coaches shall not park in the lot during games. The Parking Monitor’s
responsibility is to see that vehicles are legally parked in designated spaces and keep all fire lanes open
in accordance with Fire Codes and Regulations.
5.5 Vehicles Beyond Gates. Vehicles are permitted beyond the park gates for deliveries only for a
maximum of 15 minutes. Vehicles parked behind the park gates are subject to citation.
5.6 Spectator Restrictions in Landscaped Areas . Permittee shall supervise the actions of spectators
within the Facility. Spectators are restricted from entering the landscaped banks.
5.7 Use of Banners. Permittee has permission to place advertising banners in the Facility for the term of
the permitted use. Installation of banner anchors shall be coordinated with the Parks Maintenance
Supervisor in the Public Works Department.
5.7.1 Definition of Banner. Advertising banners are defined as cloth or vinyl material attached to
fence (or other designated areas) with elastic bungee cords secured to anchor points provided by
Parks Maintenance Staff. Banners are not to exceed 6 feet in height by 16 feet in length.
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5.7.2 Permission from Other Users to Post Banners. Banners may be posted in the Facility from
the date of the first scheduled game through the final scheduled game date with prior written
permission from all other permitted users of the Facility. Permittee must receive written
permission from other affected users and forward proof of permission to the Parks and
Recreation Department designee before banners can be installed in the Facility.
5.7.3 Banner Fees. Permittee is required to pay an estimated banner fee deposit of $1000.00 no
later than seven (7) working days prior to the first scheduled game of each season to cover all
banners to be installed. City staff will determine the number of banners and the associated cost
based upon size of the banners (banner fees are $25.00 for banners up to 4’X8’; and $50.00 for
banners over 4’X8’), deduct the costs from the deposit, and will bill or refund any difference to
Permittee within 10 days upon completion of the season. Any additional payments billed to
Permittee are due within 30 days upon receipt of final invoice.
5.7.4 Installation and Damage. Banner installation must be made in a manner acceptable to the
Parks Maintenance Supervisor. Permittee is responsible for any damage caused as a result of
banner installation. The City reserves the right to have any banners removed if deemed
inappropriate. If City finds banners present after the conclusion of the season, those items will
be removed without notice to Permittee and Permittee shall bear all associated costs with
removal.
5.7.5 Special Signage. Signs are defined as any material other than cloth or vinyl. If Permittee
desires advertising signs other than banners, a formal request must be forwarded the Parks and
Recreation designee two weeks prior to the desired date of installation. Permission to install
signage is at the discretion of the Parks Maintenance Supervisor upon review of the request and
shall follow installation guidelines set forth by Public Works Engineering.
5.8 Storage. Permittee has permission to place one permanent twenty (20) foot unmarked storage unit
year round and one temporary seasonal sixteen (16) foot unit to be placed in an area behind the left field
backstop or to be determined by the Public Works Parks Supervisor. No alcohol is allowed to be stored
in this unit. Permittee may store concession items, except alcohol, in the concession/press box building
and storage unit, subject to availability of storage and County Health regulations. Items are stored at the
Permittee’s own risk. If Permittee wishes to store additional items on site, written permission from C ity
must be obtained in advance.
5.9 Alcohol Concessions. Permittee shall not keep alcoholic beverages inside the Facility premises
overnight. Permittee also agrees to contact the Public Works Parks Maintenance Supervisor for written
authorization to locate any portable structures used to sell alcohol inside the Facility. A single locked
beverage trailer is approved to be left in the Sinsheimer Parking lot for the season. Vehicles and/or
trailers used for concessions must be parked in the parking lot near the third base stairway. If any
disabled parking is covered by the beverage trailer, additional disabled parking near the stadium must be
made available. Permittee shall comply with all rules and regulations of the California Department of
Alcohol Beverage Control and obtain any required permits prior to engaging in the sale of alcoholic
beverages. At least 10 working days prior to the first scheduled game, Permittee shall obtain permission
to sell alcoholic beverage from the Parks & Recreation Department; such permission may be denied if
proof of adherence to applicable California Department of Alcohol Beverage Control rules and
regulations is not demonstrated. Permission to sell alcohol can be revoked for violations of the terms of
the agreement, or as a result of any inappropriate actions by Permittee’s representatives in conjunction
with the distribution of alcohol. Revocation of the right to sell alcohol can be made by either the City or
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the California Department of Alcohol Beverage Control. The beverage trailer must be relocated the
Friday prior to the annual SLO Triathlon held the fourth Sunday in July.
5.10 Cleaning of Facility. Permittee shall ensure that the Facility, including the concession stand and
pressbox, is neat, clean, and in sanitary condition and complete a SLO Baseball Stadium User Checklist
at the conclusion of each event.
5.11 Handling of Trash. Permittee shall comply with all current San Luis Obispo County Public Health
Department requirements. Permittee shall clean up all trash and spills as a result of use upon the
conclusion of each day’s events. Trash shall be placed inside an appropriate receptacle; if trash
receptacle is full, trash shall be placed next to the container in sealed trash bags. For any special event
activities, an additional 3 yard dumpster must be provided. Special trash pickups must be arranged the
day after each special event activity.
5.12 Portable Restrooms. The City shall provide portable restrooms from a licensed vendor in the right
and left field foul areas for players to use. The increased cost to the City shall be covered by users and
will be billed based upon percentage during the season of scheduled stadium usage. For any special
event activities, additional portable restrooms must be provided.
5.13 Electrical Hookup for Trailer. The City shall provide an electrical hookup at the bottom of the third
base stairway for the Permittee’s beer and wine trailer. The increased cost to the City shall be covered
by the user and billed as part of the facility usage. The cost of the electrical hookup will be $4.00 for
each day of use.
5.14 10:30 PM Lights Out. Sinsheimer Park closes at 10:00 PM per City ordinance. No new inning
may start after that time. Field lights are to be turned off no later than 10:00 PM.
5.15 Damage to Facility. Permittee accepts the condition of the Facility on an “as is” “where is” basis.
Permittee shall be responsible for any damage to the Facility beyond normal wear and tear. The
Recreation Supervisor must be notified of broken equipment the following date.
5.16 Alterations to Facility. Permittee shall not make any alterations to the Facility, either temporary or
permanent, without the prior written approval of the City’s designee. City shall maintain the structural
integrity of the Facility; including roofing, electrical and plumbing systems.
5.17 Cancellation of Games. The Parks Maintenance Supervisor shall be responsible for canceling
games when inclement weather conditions exist.
5.18 Opening of the Facility. The Permittee will be GK-2 keys for access to the facility at the beginning
of the season. Quantity of keys will be discussed prior to the beginning of the season between Facilities
Supervisor and Permittee. Access is granted to the field, BBQ, seating area, concession stand and press
box building.
5.19 Bounce House. Permittee will be allowed to use the area outside the Stadium located near the first
base side gate access, for placement of a bounce house during their permitted use times. Final location
of the bounce house will be at the discretion of the Parks Supervisor.
5.20 Neptune Beach Pearl. Use of Sinsheimer Stadium is contingent on the continuing denial of the
baseball organization Neptune Beach Pearl from competing against the SLO Blues during their season.
10.a
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6. COMMUNICATIONS.
6.1 City Point of Contact. The Facilities Recreation Supervisor is the City representative that Permittee
shall contact for all issues related to the use of the Facility and the operation of this agreement. All
contacts must be in writing, including e-mail.
6.2 San Luis Obispo Baseball Alliance Point of Contact. Adam Stowe is the San Luis Obispo Baseball
Alliance representative that the City shall contact for all issues related to the Facility and operation of
this agreement. All contacts must be in writing, including e-mail.
6.3 Written 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: Parks & Recreation Department
Attn: Devin Hyfield, Recreation Supervisor
1341 Nipomo Street
San Luis Obispo, CA 93401
Permittee: San Luis Obispo Baseball Alliance, LLC
Attn: Adam Stowe
241 B Prado Road
San Luis Obispo, CA 93401
6.4 Notification of Changes to Use. Permittee shall notify the City’s designee of any changes to their
use within ten days of the date(s) to be changed. City reserves the right to modify Permittee’s use
schedule of the Facility within ten days of the date(s) to be changed with written noti ce and as it applies
to the Priorities for Use of San Luis Obispo Baseball Stadium. Each use request shall specify the exact
time that the facility is to be opened; a City facility staff member shall be present onsite during the use
time.
6.5 Sum Total of Use. This agreement represents the sum total of the use of the San Luis Obispo
Stadium, and any other City facilities for the term of this agreement.
6.6 Termination of Agreement for Failure to Abide by Terms. Failure to abide by the terms of this
agreement may result in the termination of the agreement.
6.8 Authorization to Execute Agreement. Both City and Permittee 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.
7. MISCELLANEOUS.
7.1 Assignment. Permittee shall not assign this agreement to another party without the City’s prior
written consent. Any assignment without the prior written consent of City shall be null and void.
7.2 Entirety and integrity of this Agreement. This document represents the entire and integrated
agreement between the City and Permittee. This document supersedes and negates all prior negotiations,
representations, agreements and amendments, either written or oral, regarding the Facility.
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7.3 Severability. If any term, provision, condition or covenant contained in this Agreement, or the
application thereof to any person or circumstance, is determined to be, to any extent, illegal, invalid or
unenforceable, or be held to be illegal, invalid or unenforceable by any court of competent jurisdiction
under present or future laws, then the remainder of this Agreement, or the application of such term,
provision, condition or covenant to persons or circumstances other than those as to which it is held
illegal, invalid or unenforceable, shall not be affected thereby and all such remaining terms, provisions,
conditions and covenants in this Agreement shall be deemed to be valid and enforceable, and in lieu of
such clause or provision, there shall be added as a part of this Agreement a clause or provision as similar
in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable.
7.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original and all of which, taken together, shall constitute one and the same instrument, binding on each
signatory thereto.
7.5 Non-discrimination of Permittee. There shall be no discrimination against or segregation of any
person or group of persons on account of race, religion, sex, sexual orientation, national origin, age,
physical, mental or economic status in the use, occupancy, tenure or enjoyment of the Facility or the
improvements thereon, or any part thereof, and Permittee, or any person claiming under or through it,
shall not establish or permit any such practice of discrimination or segregations with reference to the
construction of improvements to the Facility or the selection, location, number, use or occupancy of
employees, contractors, subcontractors, laborers or material-persons, invitees or vendees of the Facility
or the improvements thereon, or any part thereof.
Permittee shall not restrict access or use of the Facility or the improvements thereon, or any portion
thereof, on the basis of race, religion, sex, sexual orientation, national origin, age, physical, mental or
economic status of any person.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
ATTEST: ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
________________________________ By: _____________________________________ By: ___________________________________
Elaina Cano, City Clerk Jon Ansolabehere, Interim City Clerk Jan Marx, Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM PERMITTEE – SLO Baseball Alliance, LLC
________________________________ By: _____________________________________ By: __________________________________
Christine Dietrick, City Attorney Christine Dietrick, City Attorney Adam Stowe, President
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City of San Luis Obispo, Title, Subtitle
1
Council Chambers
990 Palm Street
San Luis Obispo, CA 93401
Wednesday, November 4, 2015, 5:30 p.m.
CALL TO ORDER: Chair Whitener called the meeting to order at 5:32 p.m.
ROLL CALL: Chair Jeff Whitener, Vice Chair Ron Regier and Commissioners Ryan Baker,
Susan Olson, Michael Parolini, Douglas Single and Susan Updegrove
ABSENT: None
COUNCIL: None
STAFF: Shelly Stanwyck, Melissa Mudgett, Bob Hill, Lindsey Stephenson, Devin
Hyfield, Marcus Carloni, John Rickenbach (Contract Planner), Pam Ricci
(Consultant)
Public Comment
None
1. CONSENT AGENDA
A. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of September 2, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
B. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of October 7, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
C. CONSIDERATION OF AMENDMENT TO JOINT USE AGREEMENT WITH
SCHOOL DISTRICT (Shelly)
Motion: (Regier/Updegrove) Recommend to Council approval of the amendment to the Joint
Use Agreement with the School District.
Approved: 7 yes: 0 no: 0 absent
D. CONSIDERATION OF AMENDMENT TO THE ACHIEVEMENT HOUSE
CONCESSIONAIRE AGREEMENT (Mudgett)
Motion: (Regier/Updegrove) Recommend to Council approval to extend the term of the
agreement with the Achievement House at a reduced rate for concessionaire services at the
Laguna Lake Golf Course.
Approved: 7 yes: 0 no: 0 absent
Meeting Minutes
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City of San Luis Obispo, Title, Subtitle
2
E. CONSIDERATION OF USE AGREEMENT FOR SLO STADIUM WITH SLO
BLUES BASEBALL (Hyfield)
Commissioner Parolini recused himself from discussions regarding Consent item E.
Commissioner Updegrove asked about contract language referencing “respectful”. Director
Stanwyck responded that this most likely was carryover language from the original agreement
which referenced shared uses and collaboration between the “Rattler” and “Blues” Baseball
teams.
Motion: (Regier /Olson) Recommend to Council approval of the Agreement for use of the SLO
Stadium with the Blues Baseball.
Approved: 7 yes: 0 no: 0 absent
2. QUARTERLY REPORT LAGUNA LAKE (Hill)
Bob Hill, Natural Resources Manager, shared that with the adoption of 2015-17 Financial Plan
was the authorization to begin implementation of Laguna Lake Natural Reserve Preservation
Plan. The first years of the Preservation Plan focus on Laguna Lake Management dredging and
sediment management projects, design engineering and provision for the extension of ADA trail.
A Request for Proposal (RFP) was issued for the Dredging and Management Plan and the City
received 4 sealed bids from qualified firms. Staff Hill expressed that one firm stood out in their
“teamed- approach” to the project and knowledge about the project’s financial component.
Currently, City staff is in contract negotiations with MNS Engineers. The City Manager will be
reviewing staff’s recommendations and determine authorization and award of contract by year
end.
3. REVIEW OF PARK PROPOSAL AND PARK CREDIT REQUEST FOR WEST CREEK
PROJECT (Carloni)
Marcus Carloni, Associate Planner, presented to the Commission an overview of the Orcutt Area
Specific Plan (OASP) West Creek Project. This project was first presented to the Commission
on March 4, 21015 for conceptual review. Staff Carloni added that tonight’s presentation is a
second conceptual review. In summary, the project includes 105 multi-family dwelling units, 67
single family units and 2.2 acres of parkland. The developer applicant is seeking 3.66 acres of
parks and open space credits. City staff recommends no further credits for acquisition and credit
fees at this time.
Pam Ricci, Planner with RRM Design group and representative of the applicant, provided a
detailed review of the West Creek project and how the project is consistent with the OASP
requirements and the proposed park elements meet specified conditions for parkland. The West
Creek project provides for additional facility amenities for adjacent and connecting development
sites; such as Righetti Ranch and the Wingate Project. In addition, there is an increased in
mixed-dwelling units from the first conceptual review resulting in increased parkland fees than
originally projected. As a result, the applicant seeks the Commissions’ consideration of
alternative no. 1 and recommendation for City’s acceptance of the proposed public parklands and
open space dedications and improvements present by the West Creek project, and that the
proposed dedications and improvements receive a partial or full “credit” for the OASP Public
Facilities Finance Plan fees.
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City of San Luis Obispo, Title, Subtitle
3
RRM Design Group staff presented to the Commissioners a more detailed overview of the West
Creek project. Chris Dufour, RRM Landscape Architect, provided an overview of the proposed
project’s landscaping, park amenities and linear park elements (maintained by HOAs) which
includes bocce ball, horseshoe pits, a concrete ping-pong table, decorative chess tables and
rubberized safety surfaces. Mr. Aaron Abbott, of Robbins Reed, Inc., provided and overview of
project financial costs as outlined below;
Summary of West Creek Project Parkland fees;
$1.2m original projected fees
$1.6m fiscal increase
$1.87m with new multi-unit dwelling fee structure
The new fee structure represents a nearly $400,000 increase in fees from originally projected.
As a result, the applicant is seeking the Commission’s support of partial Parkland credit of 50%
to make West Creek Project financially feasible.
Commissioner Comments:
Chair Whitener, asked of the proposed park amenities would be possible if the applicant does not
receive “credits”. The applicant responded that the project will need to be revised to accommodate
the project costs and that some of the proposed amenities may need to be eliminated. Chair
Whitener asked for clarification on which type of fees can be waived by the Commission. Director
Stanwyck responded that the Park Development Fees (the costs for construction of the park) can be
waived. Staff Carloni cited Section 2.9 of the Specific Plan which indicates a waiver of parkland fee
in lieu of providing park amenities on site. Chair Whitener asked if the OASP is consistent with the
adopted Parks and Recreation Element. Director Stanwyck said that the OASP was adopted after the
Parks and Recreation Element. Chair Whitener said he is concerned that the proposed park and open
space does not meet the needs of Regional Park and therefore he does not support the waiver of
parkland fees as proposed.
Director Stanwyck added that additional and ongoing maintenance costs are not factored into the
projected fees costs. Staff Carloni confirmed that parkland credits would result in less fees being
added to the Parkland Fund; which could be used to support a larger regional park and amenities in
the future.
Commissioner Parolini said he viewed linear parks as smaller parks serving specific neighborhoods
only. He supports the approval of parkland fee credits.
Commissioner Updegrove acknowledged the challenging topography of the project site. She asked
if the dry creek bed was accessible and said she viewed the creek land (even if not developed) as
valuable park space.
Mr. Abbott cited Section 2.3.4 OASP Policy and added that this development meets parkland criteria
set forth in the Orcutt Area Specific Plan by addressing unmet community-wide parkland needs with
the added park/trail connectivity, serving adjacent neighborhoods, the location and types of
amenities proposed, and that these amenities can be provided without a reduction in developments’
dwelling units.
Vice Chair Regier expressed concerned about additional maintenance responsibility should the City
assume ownership of the developed park. He would not support the park deeded over to the City
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City of San Luis Obispo, Title, Subtitle
4
Motion: (Baker /Regier) Recommend City Council’s acceptance of the West Creek project as
proposed design is consistent with the OASP and General Plan criteria and policy guidance for
the design of parks and open space.
Approved: 5 yes: 2 no: 0 absent
Motion: (Regier/Baker) Support partial project “credit” relief of Parkland Development fees in
return for assurance that the park features are developed and continue discussions with the
applicant to explore creative solutions concerning ongoing park and proposed park amenity
maintenance.
Approved: 7 yes: 0 no: 0 absent
4. REVIEW UPDATED AVILA RANCH PLAN CONCEPTS (Rickebach)
John Rickenbach, Contract Planner, provided a second conceptual project overview for the Avila
Ranch project. This project includes 150 acres, 700 dwelling units and 16 acres of park. The project
also includes 9.8 acres of neighborhood park, 6.2 acres of mini pocket parks and 1.5 acres of
community needs facilities. Staff Rickenbach reminded the Commission of original feedback
provided to the applicant which included consideration of residential accessibility, bike connectivity,
address lacking recreation facilities (such as community garden, pickleball, off -leash, tot lots, sports
fields and shade trees), co-mingle parking uses as a part of the project design. Staff Rickenbach
added that the applicant will return the Commission following the draft EIR and public input
process. The applicant is seeking the Commission’s guidance regarding the proposed modifications
to the conceptual design.
Commission Comments:
Commissioner Updegrove indicated the new park location is further away from higher density areas
and asked how the applicant will address accessibility. Mr. Steve Peck, applicant, responded that a
new pedestrian bridge has been added to support pedestrian/bicycle connectivity and a straightening
of the bike path was made to improve connectivity with a direct route. The applicant is working with
the County of San Luis Obispo for additional bike bridges. In addition, a community garden has
been incorporated into the conceptual design.
Vice Chair Regier asked about the consideration of using this area for organized recreational sports.
The applicant responded that the proposed design is that of a neighborhood park which will be
supported through Community Services District (CSD) fees.
Commissioner Parolini said he would like to see regulation-sized sports fields considered in future
development designs.
The Parks and Recreation Commission thanked the applicant for incorporating the Commission’s
and the Bicycle Advisory Committee’s feedback into the overall project design. The Parks and
Recreation Commission concurred with the design changes as proposed by the applicant in the
second conceptual review.
5. DIRECTOR’S REPORT (Stanwyck)
Director Stanwyck presented the draft Open Space Maintenance Plan to the Commission. She added
that the draft plan will be presented at the Commissions’ next meeting on December 2, 2015.
Director Stanwyck informed the Commission that there will be three public input sessions designed
to seek public feedback about the plan. The plan will be provided for Council consideration on
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City of San Luis Obispo, Title, Subtitle
5
December 17th. Director Stanwyck indicated that through this process the City has learned that we
are forerunners in the development of an Open Space Maintenance Plan as many municipalities in
the Unites States to not have one. Staff will be seeking Commission feedback about the draft plan on
December 2nd.
6. SUBCOMMITTEE LIAISON REPORTS (all)
Adult and Senior Programming: Commissioner Baker reported that adult sports are going
well. Softball will be ending November 18. Adult Softball will begin Spring season in
March 2016. There is no report for the Senior Center. Golf Course revenue is up.
Bicycle Advisory: Vice Chair Regier said that the BAC reviewed the Avila Ranch Plan.
There is a new program for “adopt a bike trail”. The Committee discussed a bike bridge at
Los Osos Valley Road (LOVR), bike parking for events and the recently approved Railroad
Safety Trail (RRST) extension.
City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Parolini
said the pool is still under construction.
Jack House Committee: Commissioner Updegrove said she missed the last meeting but
reported that the “Haunted Stories of Old San Luis” reported 140 people touring the house.
Tree Committee: Commissioner Olson reported that the Fall Arbor Day Celebration will be
held on November 7th 10:00am at Fire Station #1 (2160 Santa Barbara Street). There will be
a “lunch and learn” meeting to learn more about the City’s tree removal process on Nov 19,
2016 from 12:00pm-1:00pm.
Youth Sports: Commissioner Single said he was unable to attend the YSA meeting. Chair
Whitener attended the meeting and reported that the YSA field goals have been installed at
Laguna Middle School. The YSA contract with the School District remains on a year-to-year
contract basis and he reported that the YSA pays $25,000 to the School District for annual
field use.
7. COMMUNICATIONS
None
Adjourned at 8:03pm to the Regular Meeting on December 2, 2015 at the Council Chambers,
990 Palm Street, at 5:30pm.
Approved by the Parks and Recreation Commission on __________________.
________________________________________________
Melissa C. Mudgett, Recreation Manager
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Meeting Date: 12/1/2015
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Michael J. McGuire, Engineer III
SUBJECT: ADMINISTERING AGENCY-STATE COOPERATIVE WORK
AGREEMENTS FOR FEDERAL AID PROJECTS
RECOMMENDATION
Adopt a resolution which provides authorization to the Director of Public Works for executing
cooperative work agreements for Federal Aid projects, and any subsequent program
supplements.
DISCUSSION
Federal funds for capital improvement projects are made available to local agencies through various
programs under the Intermodal Surface Transportation Efficiency Act (ISTEA) and subsequent
Transportation Authorization Bills. In order to receive these Federal funds on any given City
project, the City must first enter into an agreement with the State of California Department of
Transportation (Caltrans), which administers the funds. This agreement consists of a Master
Agreement between the City and Caltrans, and a Cooperative Work Agreement, each of which
must be executed by the City before the funds can be made available.
The City keeps active Cooperative Work Agreements for federal Aid funds with CalTrans.
Occasionally, the Cooperative Work Agreement is required to be extended for projects that
exceed their time period for expenditure of federal funds. Failure to modify the time for
disbursement of federal funds will prompt Caltrans to cease disbursement of the funds to the City
and potentially require the City to reimburse the state for federal funds already expended for the
project. Each modified Cooperative Work Agreement requires an execution of the agreement by
the City. The authority to execute these Cooperative Work Agreements has historically been
delegated to the Public Works Director.
Although used without question in the past, the current resolution for the Director of Public
Works for signing and executing the Master Agreement has been determined to be not specific
enough and too broad-based to address the Cooperative Work Agreements required by Caltrans.
With an additional resolution in place, the recommended Council action will allow the continued
execution of the Cooperative Work Agreement to be performed by the Public Works Director.
This will streamline the process of gaining authorization to spend Federal-Aid funds on any
specific project programmed with federal money.
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CONCURRENCES
The City Attorney’s office has reviewed and approved the new resolution.
FISCAL IMPACT
Execution of a Master Agreement, Cooperative Work Agreement and subsequent program
supplements is necessary for the City to receive Federal Aid funds through any of the various
Federal transportation improvement programs which provide funding to local agencies.
Attachments:
a - CWA Resolution
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R ______
RESOLUTION NO. _____ (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE COOPERATIVE WORK AGREEMENTS WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
WHEREAS, the Federal Highway Administration (FHWA) makes funds available for
City roads and bridge construction projects and said funds are administered by the State of
California Department of Transportation (Caltrans); and
WHEREAS, the City has entered into a master agreement with Caltrans entitled “A
Resolution of the Council of the City of San Luis Obispo Authorizing Execution of Agreements
with the State of California Department of Transportation to receive Federal Aid Grant Funds,
Resolution No. 9907 (2007 Series)” as a prerequisite to receiving FHWA funds; and
WHEREAS, the City has entered into program supplements to the master agreement;
and
WHEREAS, each program supplement stipulated that funding authorized for each
project is available for disbursement for limited periods of times after which the funds will lapse,
unless a Cooperative Work Agreement extending these periods is approved by the California
Department of Finance; and
WHEREAS, Caltrans requires that the City Council either sign each Cooperative Work
Agreement, or delegate the authority to sign Cooperative Work Agreements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Director of Public Works is hereby authorized to sign all Cooperative Work
Agreements which extend Federal funding of City road and/or bridge projects.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2015.
____________________________________
Mayor Jan Marx
ATTEST:
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Resolution No. _____ (2015 Series) Page 2
____________________________________
Jon Ansolabehere
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Jon Ansolabehere
Interim City Clerk
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Meeting Date: 12/1/2015
FROM: Daryl Grigsby, Director of Public Works
Prepared By: Jeff Brown, Parking Services Manager
SUBJECT: AUTHORIZE REQUEST FOR PROPOSAL FOR PARKING CITATION
PROCESSING SERVICES, SPECIFICATION NO 91430
RECOMMENDATION
1. Authorize the issuance of a Request for Proposal (RFP) for Parking Citation Processing
Services, Specification No. 91430
2. Authorize the City Manager to enter into a contract with the successful bidder should
proposals be within the authorized budgeted amount.
DISCUSSION
It is time to update the City’s contract for parking citation processing. On May 2nd, 2005, the
City entered into a five year agreement with Phoenix Group Information System (Phoenix
Group) for parking citation processing services. Phoenix Group provides parking citation
processing services, a revenue generation for the City. The contract included two, two-year
options to extend. The fees paid for these services is offset by the revenue generated from the
parking citation fines and penalties that are processed , collected and deposited to the City. The
contractor is responsible for coordinating the entire parking citation process, including sending
required notices, tracking citations, interfacing with the Department of Motor Vehicles to obtain
vehicle ownership data, maintaining records and collecting and depositing parking citation fees
and penalties.
The most recent amendment to the contract expired on June 30, 2014, and Phoenix Group has
been working on a month to month basis since then. The delay in processing a new RFP has been
primarily due to organizational shifts in Parking Services Division that included the departure of
the Parking Services Manager in August 2014 and the lengthy hiring process for his replacement.
Phoenix Group has agreed to continue on a month to month basis until a new contract is awarded
and has provided continued quality work during the extended period of service.
Through this RFP process, the City will be evaluating firms who are well-managed and
financially sound that demonstrate skills including: technical ability, high levels of customer
service, exemplary fiscal management and client satisfaction, to fulfill the City’s requirements.
The successful firm shall have at least five years’ experience with municipalities and/or college
institutions and substantial experience in parking citation processing.
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There are no significant changes from the current contract requirements and staff anticipates
proposals to be similar to the services the City currently receives. Staff is also requesting firms
provide an option of an on-line residential parking permit program. The City may investigate
this opportunity in the future to improve upon customer service and add additional permit
issuance and payment options to our customers.
Next Steps
Solicitation for proposals will be done by publicizing the RFP in various parking industry
periodicals, in addition to local notification required by the City’s Municipal and Public
Resource Codes.
The RFP is scheduled to be released to the public tentatively in early January 2016. After
proposals are accepted by the City in late February 2016, a team of City staff and outside
professionals will review each proposal for conformity and “best in value”, The top ranked firms
will be invited to formal interviews to highlight there capabilities. Negotiations will begin with
the top ranked firm. The selected firm will then be recommended to council for consideration
and contract award. The new contract will become effective on June 1, 2016.
FISCAL IMPACT
Parking citation processing services are paid out of the Parking Program Contract Services
account. Based on current market information and anticipated number of 31,000 citations issued,
it is estimated that parking citation processing services shall cost approximately $65,000 each
year. There is currently $67,100 budgeted in FY 15-16 for this service and $68,500 in FY 16-17.
Net parking citations revenues for FY 2014-15 were $534,184(unaudited).
ALTERNATIVES
Alternative 1.
The City Council may propose a month-to-month agreement with Phoenix Group if their cost
proposal is within the City’s allocated budget amount. The City Attorney does not recommend
this alternative as currently this option is not viable to City and a new contract must be secured
pursuant to State and City requirements.
Alternative 2.
Evaluate the option of processing parking citations in-house. Staff recommends against this
alternative due to lack of staff resources, DMV credential obligations, PCI compliant cr edentials,
and database development and collection follow-up service. Due to this intense service and lack
of staff resources, a majority of California cities contract parking citation processing services to
an outside firm.
Attachments:
a - 2015 Parking Citation Processing Services RFP DRAFT
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
990 Palm Street San Luis Obispo, CA 93401
Notice Requesting Proposals for
PARKING CITATION PROCESSING, Specification No. 91430
The City of San Luis Obispo is requesting proposals from qualified firms to provide parking citation
processing, pursuant to Specification No. 91430. All proposals must be received by the Finance
Department, City Hall, 900 Palm Street, San Luis Obispo, CA no later than 3:00 p.m. Pacific Standard
Time, DATE
Proposals received after said date and time will not be considered. To guard against premature opening,
each proposal shall be submitted to the Finance Department in a sealed envelope plainly marked with the
proposal title, specification number, proposing name, time and date of proposal opening. Proposals shall
be submitted using the forms provided in the specification package.
Proposals packages may be obtained FREE at the City’s website: www.slocity.org under Bids &
Proposals, or by e-mailing your request to jbrown@slocity.org, or by faxing your request to the Public
Works Department at (805) 781-7198. Please include your company name, street address, phone, fax, and
e-mail address, along with the name and specification number of the proposal you are requesting.
Additional information may be obtained by contacting:
Jeff Brown, Parking Services Manager, (805) 781-7234 or jbrown@slocity.org.
Nicole Lawson, Supervising Administrative Assistant, (805) 781-7059 or nlawson@slocity.org
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Specification No. [91430]
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 4
C. Special Terms and Conditions 11
D. Form of Agreement 15
E. Insurance Requirements 18
F. Proposal Submittal Forms 20
Cost Proposal
References
Statement of Past Contract Disqualifications
Sample Printed Parking Citation-Front and Back
Current Bail Schedule
Current Citation Information
Sample Contest Form
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Section A
DESCRIPTION OF WORK
The City of San Luis Obispo (“City”) invites the submittal of sealed proposals from qualified firms
providing Parking Citation Processing and the option for an on-line Residential Parking Permit Program.
The City requires well-managed and financially sound individuals or firms with demonstrated skills and
technical ability, and high levels of customer service and satisfaction, to fulfill the requirements outlined
in this RFP. The City requires that firms must have at least five years’ experience with municipalities
and/or college institutions, and provide references where comparable services are provided. Only those
firms with verifiable experience in parking citation collection processing and (optional) on-line
residential parking permit programs will be considered during this proposal process.
A. BACKGROUND
The City of San Luis Obispo Parking Services Department utilizes three full-time and three park-time
parking enforcement officers to issue parking citations to individuals whom are in violation of the San
Luis Obispo Municipal Code and/or California Vehicle Code. These citations are issued on a hand -held
device (Samsung Android Note 4), and printed citations using O’Neil OC2 printers. These citations are
placed on the vehicle, and notices are mailed to the registered owner as accessed through DMV database.
Police Department’s Student Neighborhood Assistant Program (SNAP) utilizes six part-time officers
whom issue parking citations as well. Parking Services Department, Parking Enforcement and the Police
Department’s SNAP unit issue approximately 1000 manual citations and 30,000 handheld computer
written citations per year.
Beginning the late 1970’s, Parking Services began implementing and enforcing residential permit
parking districts. The City currently has nine (9) residential permit parking districts that were
formed at the request of residents living in impacted areas. Residents, whom reside within one of
these nine districts, may purchase up to two permits per year, at $10.00 each. Permits are issued
in September each year, and expire in September the following year. Parking Services
Department issues approximately 1,646 permits to 823 households. Currently all permits and
notices are issued in-house through Parking Services Department. The City is considering
moving to a web-based Residential parking permit program that allows a resident to purchase
permits on-line and print temporary parking permits in the future.
B. SCOPE OF WORK
This Request for Proposal (RFP) is for an out-sourced parking citation processing contractor. The term
of this Agreement awarded pursuant to this RFP, is intended to commence upon execution of an
Agreement and extend for a period of five (5) years with an option to renew for two (2) additional one -
year terms. Contractor shall meet all requirements of the specifications contained herein, as well as all
legislated mandates by the State of California, California Vehicle Code, San Luis Obispo Municipal
Code, and the City of San Luis Obispo. For any portion of this proposal that is performed by Sub-
Contractors, see Section C, Special Terms and Condition Section of this proposal. See attachments for a
sample printed parking citation and citation information for the past five years.
C. CITATION PROCESSING
The citation processing management system must be a hosted solution that serves to collect and format
electronically or manually entered citations and related enforcement data such as photos, correspondence,
etc. for processing. The system must provide for inquiries, maintenance, management reporting, and
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system administration capabilities. The Contractor will be responsible for all related fees for the system
and will invoice the City based on an all-inclusive, per citation price. The hosted system must be
managed and maintained by the Contractor and meet the following requirements:
1. The system shall be capable of processing all manually and electronically issued citations. The
current handhelds units are capable of a secure batch interface and include an option for wireless
electronic citation data upload. The system shall be capable of immediately uploading the data
using either process.
2. Contractor shall adhere to all timelines required by the California Vehicle Code (CVC). The
timeline for citation processing is shown below and all costs shall be based accordingly. This
time period is at the sole discretion of the City and may be changed at any time.
1. Due date on printed citations: 21 days from date of issuance
2. Due date on initial mailed notice: 14 days from mail date
3. Grace period: 2 additional days
4. Attempt collection through DMV hold: 37 days from the date of issuance.
After the two-day grace period is complete the Contractor shall add the applicable late fees and
implement a DMV hold for in-state citations.
3. The system shall maintain and update a tow eligibility list for vehicles with five or more unpaid
citations.
4. The Contractor shall maintain a record of all citations processed in the database. Such records
shall contain at a minimum, payment information and history, collection efforts, photos, vehicle
registration owner data, disposition, appeal history, outstanding collections record and any other
information necessary to create an audit trail. All records and data remain property of the Ci ty
and must be turned over by the Contractor to the City in a timely manner at the termination or
expiration of the Agreement.
5. Contractor shall provide full integration with the California Department of Motor Vehicles
(DMV) including the ability to place registration holds and release on-line on a daily basis with
DMV confirmation. The vehicle registration hold must be placed in accordance with the
California Vehicle Code and all other applicable laws. The timetable to establish a registration
hold at DMV should be at the discretion of the City. Releases should take place within 24 hours.
6. Contractor will be responsible for maintaining and gathering all necessary and correct motorist
data required for the citation processing. Contractor shall work with all other states DMV’s to
collect on any out-of-state citations issued. Similar processes for vehicle registration holds and
releases shall be in place and compliant with all Federal and State laws.
7. The system shall provide a method for contesting citations in accordance with the City of San
Luis Obispo’s citation review process. The ability to complete the contest form and the first
level administrative review shall be available on-line. The system capabilities should be
described in detail including how the City would be alerted of pending reviews, letters that are
generated through this process, and any other applicable information.
8. Contractor shall provide the necessary postage, correspondence, and ability to track forms to
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meet all applicable State and local laws regarding citation processing and adjudication. The City
will provide all manual and handheld computer citation forms, unless otherwise agreed.
9. All notices and letters must include an interior envelope for return. The notices must meet with
all U.S. Postal Service requirements and are subject to approval by City of San Luis Obispo.
10. The City currently owns eight (8) Samsung Android Note 4 and seven (7) O’Neil OC2 printers
utilized by the parking enforcement officers to issue citations. The system must be capable of
using this type of handheld or comparable handhelds must be provided by Contractor at no cost
to the City. The Contractor must provide all support services necessary for maintenance and
repair of the existing handhelds.
11. Contractor shall intake payments for parking citations. Contractor will then deposit funds into a
City of San Luis Obispo account with deposit access only for the Contractor.
12. Partial Payment Notices will be mailed to those who do not pay the full fine and applicable
penalty. The notice should indicate the amount that was paid and the remainder that is due.
Samples of all forms, notices, letters, etc., must accompany the proposal and are subject to City
approval.
13. Payment options must also include a payment plan. Contractor shall have a means by which
partial payments can be identified and processed. Contractor shall provide the City with a report
of partial payments on a monthly basis.
14. Contractor must provide information relating to over payments, if a refund is pending, and
include the name and address for the refund.
15. Contractor will establish a method to insure processing and collecting of citations and complaints
issued to out-of-state and out-of-country vehicles. Contractor should be prepared to pay all costs
associated with the establishment of contracts with out of state’ motor vehicle departments.
16. Contractor shall work with City to craft and approve all notices to be generated and mailed t o
debtors including layout and language. The City has final approval control over letter content
including text and layout.
17. Contractor shall maintain record of all open parking citations for a period of five (5) years from
the date of issuance.
18. Contractor shall provide to the City a monthly aging report with a “clean” month -end cut off.
This report shall include all citations regardless of their current status (i.e. current, DMV,
collections, etc.).
19. Contractor shall provide to the City a monthly report for all Superior Court of San Luis Obispo
County fees associated with the Courthouse Construction Fund, County General Fund,
Immediate and Critical Needs Account, State Court Facilities Fund, Trial Court Trust Fund,
Equipment Assessment, Registration Assessment and Handicapped parking violations, special
collections and bail increases in amounts specified in the California Vehicle Code (CVC).
20. Contractor shall offer a person whom has been cited the opportunity to pay their citation by mail,
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phone and via an online internet-based payment system. This online system shall comply with
any applicable requirements for adequate security of personal information.
21. All records and data will be readily available for inspection and audit.
23. Contractor shall provide a system with sufficient security to restrict access only to authorized
users. Contractor will provide a description of such security measures in their proposal.
24. Authorized users at San Luis Obispo shall have sole authority to void citations.
25. Appropriate San Luis Obispo staff will have unlimited access to online terminal inquiry and
transmission of data capacity.
Section B
GENERAL TERMS AND CONDITIONS
The following requirements are applicable to sections D, E and F.
1. Contractor shall provide unlimited users to access the system. The Contractor must provide
password protection for each user and also be able to limit the capabilities and functions per user.
2. Remote access for multiple City workstations must be available using a standard PC. Operating
and or software costs must be included. Access to the database must be 100% web based and
require no additional or 3rd party software to operate.
3. The system shall be dynamic and capable of adapting to changes in policy, user preferences, or
future changes in processing requirements.
4. The system shall maintain a copy of all correspondence mailed and the mailing dates. The
system shall also be capable of attaching notes to each citation or permits. Notes should capture
the date, operator, reason for call, and any comments. The system must accommodate multiple
notes per citation or permit and notes must be able to be seen by City staff remotely.
5. The City shall have remote capability to void citations or permits. Contractor shall void citations
or permits upon request if desired by City.
6. Contractor shall be responsible for correcting all system malfunctions and errors attributable to
the Contractor at no cost to the City.
7. The system must be capable of exporting all data in the system in a CSV or similar City approved
format so that it may be uploaded to other software systems if desired by City. There are several
applications this may be required for including but not limited to fina ncial tracking, additional
reporting or collection methods, Tiburon, and global system reporting.
8. Contractor shall maintain the management system database and system security in such a way as
to provide complete confidentiality and protection from unwanted access.
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9. A backup and recovery system must be provided for the management system database to include
all information in the system. At a minimum, the system should be backed up multiple times
throughout each day.
11. The system shall provide an interactive real time voice response system (IVR) for all inquiries.
Contractor shall provide details of how the IVR system functions overall as well as specific
instructions to the caller. The system shall include the following (at a minimum): real-time
information, credit card processing for payment, custom greetings, multiple languages, and
flexibility to add additional details or features as desired.
12. Contractor shall provide efficient, courteous, and professional service for all tele phone calls and
correspondence. A toll-free telephone number shall be provided for the public to obtain
information, make inquiries, and make payments.
13. Customer service representatives shall be available to provide instructions and information on
general parking policies and procedures, to handle complaints, and how to pay or contest
citations. For complaints, a telephone response shall be provided within one (1) business day.
14. Contractor shall provide efficient, courteous and professional service for all telephone calls and
correspondence. A toll free number shall be provided for the public to obtain information,
inquires and make payments.
15. Deposits must be made daily in the City’s required format and to the bank specified by the City.
Daily notification of deposits including full details of the daily deposit will be sent to the City in
a manner to be determined by City.
16. Contractor shall provide a comprehensive suite of standard financial and operational
management reports that are parameter driven and may be sent to City on a regular basis in PDF
and Excel formats. Contractor shall also provide additional reporting or Ad Hoc reporting as
requested by City in same formats. City shall have the ability to access all reports remote ly.
Contractor agrees to provide any and all reports requested by City in the format requested and at
no cost to City.
17. The City shall have the right to review and approve the use of any subcontractor for any portion
of these services. The Contractor shall be responsible for ensuring that any subcontractors used
operate within the terms of the agreement.
18. A full accounting must be made to the City by the 10th day of each month. Records of deposits,
management reports, and statistical summaries of activity for the prior month, together with
supporting detail, must be delivered as specified by the City.
19. All software updates and upgrades will be included. The City will receive any upgrades and
updates within 3 months of release.
20. Contractor shall provide any equipment necessary to perform the services in this RFP. The cost
for any additional equipment or supplies not included above will be reimbursed by the City only
with prior written approval. These items may include but are not limited to upgraded equipment
purchases, general supplies, citation paper, envelopes, and any other items required to perform
services related to this RFP.
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21. The system shall have the ability to allow the public to purchase a residential permit (optional) or
pay for a citation using Visa, MasterCard, AMEX, or Discover for on -line payments or through
the IVR system. Residents shall also have the option to pay by check via mail. The Contractor
shall provide documentation that the system is certified in accorda nce with credit card processing
PCI-DSS and CISP standards. The on-line payment system shall be available 24 hours per day, 7
days per week, year-round with minimal downtime.
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder)
shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications
package. By virtue of its proposal submittal, the bidder acknowledges agreement with and
acceptance of all provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal 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
no later than January 4, 2016 by 3:30 Pacific Standard Time. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification
number, name of bidder, and date and time of proposal opening. No FAX submittals will be
accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal 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 Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price a nd 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 proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance for its withdrawal, in which event the proposal will be returned to the bi dder
unopened. No proposal received after the time specified or at any place other than that stated in
the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be
opened and declared publicly. Bidders or their representatives are invited to be present at the
opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal, except an alternative proposal
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when specifically requested; however, an individual or business entity that has submitted a sub -
proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder,
is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders
submitting proposals.
7. 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
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
of 60 days for examination and comparison. The City also reserves the right to waive
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one
part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "Special Terms and Conditions" in Section C of these specifications
for proposal evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
10. 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 proposal. The contract shall be made in the form adopted by
the City and incorporated in these specifications.
11. 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.
12. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
13. 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 all federal, state, county, city, and
special district laws, ordinances, and regulations.
14. 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.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
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16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
18. 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.
19. 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 re placed or restored to a condition as good as when
the Contractor began work.
20. 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.
21. 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.
22. 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, equi pment, 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.
23. 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).
24. 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 requiremen ts.
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25. 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.
26. 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 expr essly 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.
27. 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.
28. 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.
29. 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 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 Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, servic es 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 workscope.
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The City reserves the right to delay any such payment until completion or confir med
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 proposal.
30. Termination for Convenience. Whenever it may be in the City’s best interest, the City may
terminate the agreement with 30 calendar day’s written notice.
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Section C
SPECIAL TERMS AND CONDITIONS
PROPOSAL FORMAT AND CONTENT
Proposing companies desiring to respond to this Request for Proposal (RFP) shall submit their proposal
in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposals should be
as brief and concise as possible without sacrificing clarity. Proposal s containing irrelevant material or an
abundance of excessively vague language may be penalized in the screening process.
1. Title Page. The title page shall contain at a minimum the name of the contractor, RFP title, and
date.
2. Table of Contents. There shall be a comprehensive table of contents included in the proposal.
This index shall include a clear definition of the materials, identified by sequential page numbers
and by section reference.
3. Company Background. The City is particularly interested in selecting a company that has
extensive experience in Parking Citation Processing with an option to establish a Residential
Parking Permit Program.. The City requires that firms must have at least five years’ experience
with municipalities and/or college institutions. A description of the company history, depth, and
any value added services should be included here.
4. Project Staffing. Identify the person to be designated project manager and a detailed summary
of his or her background. The City expects that t he project manager shall be available by
telephone on all occasions for discussion with City staff, and shall be locally available for
meetings in person on short notice (one day).
5. Organizational Chart. Submit an organization chart showing the name of the project manager,
other key personnel, and all supporting staff assigned to the project. The City reserves the right
to approve the final staffing plan. Include a brief resume for applicable key personnel on the
organizational chart. Specific responsibilities of project manager and key personnel should be
listed in detail.
6. Customer Service and Technical Support. Provide a description of the customer service
features and technical support abilities of the contractor. Include any training and staff
development that would benefit the City of San Luis Obispo or its customers. Any additional
features that would be relevant can also be included here. (i.e. IVR systems, websites, etc.).
7. Sub-Contractors (if any). Identify any sub-contractors that would be used. Give a detailed
description of their involvement, scope of work, background, and responsibilities. The price
proposed shall include any and all work to be done by sub-contractors, and the City will only
process claims and payments to the prime Contractor. A list of sub-contractors to be hired shall
be submitted as a part of the proposal. Also disclose whether or not the subcontractor is a
subsidiary or is financially tied to the Contractor in any other manner. Use of sub-contractor does
not relieve the Contractor of prime responsibility. City of reserves the right to approve all
proposed sub-contractors.
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8. System Capabilities. Provide a detailed description of the proposed parking citation, delinquent
collection service and permit processing system proposed. Indicate the ability to meet and/or
exceed the scope of services. Include any software and hardware details that will be provided to
meet the scope of services. Describe any integration you have with other related products as well
as the customization possibilities with the system.
PROPOSAL REVIEW PROCESS
The City may shortlist up to three (3) Contractors based on the submitted proposals and invites them to
an interview process. In addition, the City may request that Contractors demonstrate their product either
as part of the interview process or separately from it. The City, at its discretion, may make site visits to
locations where the Contractors systems are in use. The contractors shall be evaluated on the following:
Understanding of the work required by the City.
Quality, clarity and responsiveness of the proposal.
Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
Recent experience in successfully performing similar services.
Proposed approach in completing the work.
References.
Background and experience of the specific individuals to be assigned to this project.
Presentation Interviews.
As reflected above, 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. After evaluating the proposals 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. Once prospective contractors
have been evaluated by the evaluation panel, negotiations shall begin. If negotiations are unsuccessful,
talks with that Contractor will be abandoned and negotiations will then commence with the next qualified
Contractor, and so on, until a final agreement has been reached and a contract prepared. Staff will present
their findings to the City Council, which, at its discretion, will award a contact.
Labor Actions In the event that the successful bidder is experiencing a labor action at the time of
contract award (or if its suppliers or subcontractors are experiencing such a labor ac tion), the City
reserves the right to declare said bidder is no longer the lowest responsible, responsive bidder and to
accept the next acceptable low proposal from a bidder that is not experiencing a labor action, and to
declare it to be the lowest responsible, responsive bidder.
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.
Contract Term The contract term shall be for a period of five (5) years (“initial term”) beginning on
June 1, 2016 and ending on May 31, 2021. The City will have the option of two (2) additional one-year
renewal options at the sole discretion of the Public Works Director.
Compensation Adjustment Original contract prices shall remain in effect through June 1, 2016
Beginning in year 2016, on July 1 of each year contract prices shall be increased by a percent equal to the
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percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the
previous year to February in the year of the adjustment.
Example: The original contract price is $1,000 per month. This price remains in effect until June 30,
2016. The U.S. Consumer Price Index/All Urban Consumers (CPI-U) increases by 2.5 percent from
March 2016 to February 2017. On July 1, 2016, the contract price increases by 2.5 percent from $1,000
to $1,025 per month. The new contract price applies to work completed after July 1, 2016. The same
process repeats the following year.
Contractor Invoices The Contractor shall deliver a monthly invoice to the City that clearly identifies the
name of the contract and the contract specification number.
Proposal Review and Award Schedule The City has developed the following list of key events from
RFP issuance through notice of contract award. All deadlines are subject to change at the City of San
Luis Obispo’s discretion.
Key Events Key Dates
1 Issue RFP 1-4-16
2 Deadline for contractor to submit any questions 1-15-16
3 City to post addendum for answers to any questions received 1-29-16
4 Proposal due date and time
2-11-16 by 3:30
P.S.T.
5 Complete proposal evaluations 2-26-16
6 Conduct finalist interviews 3- 14-16
7 Finalize staff recommendations 3-31-16
8 Award contract 4-18-16
5 Execute contract 5-2-16
6 Start work 6- 1-16
Accuracy of Specifications The specifications for this project are believed by the City to be accurate
and to contain no affirmative misrepresentation or any concealment of fact. 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
proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for
proposal 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
proposal submittal. Failure to so inquire shall cause any such ambiguity or def ect 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 proposal submittal shall waive any right to assert
said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable
for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the
amounts provided there for in the proposal.
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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 whatsoever, 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 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 ___________,
2016 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to
as City, and ___________________________________, hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on _______________, City invited proposals for Parking Citation Processing and
Residential Parking Permit Program per Specification No. [91430].
WHEREAS, pursuant to said request for proposal, Contractor submitted a proposal that was
accepted by City for said Fine Collection and Residential Permit Parking Program.
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, through _____________.
2. INCORPORATION BY REFERENCE. City Specification No. [91430] and
Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the
extent that there are any conflicts between the City’s sp ecification and this Agreement and the
Contractor’s proposal, 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 Parking Citation Processing and Residential
Preferential Parking Permit Program as specified in this Agreement, City will pay and Contractor shall
receive therefore payments based upon the actual quantities ordered and received by City and the unit
prices bid by Contractor.
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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 this Agreement and said Specifications.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Administrative
Officer.
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 [or Mayor]
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APPROVED AS TO FORM: CONTRACTOR:
Name of Company
________________________________ By: _____________________________________
City Attorney Name of CAO/President
Its: CAO/President.
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Section E
INSURANCE REQUIREMENTS
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 performance of
the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form (CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
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 and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the 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
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(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. Contractor shall furnish the City with a certificate of insurance showing
required coverage. Original endorsements effecting general liability and automobile liability coverage
are also 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.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
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Section F
SUBMITTAL FORMS
Cost Proposal Submittal Form
The City is requesting proposals for Parking Citation and Residential Parking Permit Program. Each
contractor shall fill out the following cost proposal in it’s entirely. Cost proposals that are not complete
will not be accepted, and the submitted proposal will be deemed incomplete. If there are any additional
costs not included in this Cost Proposal, those costs must be identified on a separate sheet of paper and
included as stated in this Request for Proposal. On a separate page, a detailed breakdown of the costs
below as well as a detailed price list shall also be provided.
Item Description- Citation Processing Total Amount Per Citation
Five Year Term (2016-2021) $
First-Two Year Option Term (2021-2023) $
Second-Two Year Option Term (2023-2025) $
Item Description- Residential Parking Permit Program
(OPTIONAL)
Total Cost per Permit
Five Year Term (2016-2021) $
First-Two Year Option Term (2021-2023) $
Second-Two Year Option Term (2023-2025) $
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last five contracts performed by your firm that demonstrate your ability to provide the
services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Reference No. 4
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 5
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The bidder shall state whether it or any of its officers or employees who have a proprietary interes t 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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SAMPLE PRINTED PARKING CITATION –FRONT AND BACK
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CURRENT BAIL SCHEDULE
CODE &
SECTION
DESCRIPTION PENALTY LATE FEE
ADDED
SLMC 10.12.050 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER $93 $123
SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES $58 $88
SLMC 10.14.090 UNAUTHORIZED PAINTING ON CURBS $58 $88
SLMC 10.34.020 OVERNIGHT CAMPING (10pm - 6 am) $100 $130
SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED $33 $63
SLMC 10.36.030 STOP/STAND/PARK IN VIOLATION OF CHAPTER $33 $63
SLMC 10.36.040 NO PARKING ZONE - PROHIBITED PARKING - Also Taxi Zone (d) $53 $83
SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED $23 $53
SLMC 10.36.070 REPAIRING OR GREASING VEHICLE ON PUBLIC STREET $23 $53
SLMC 10.36.080 WASHING OR POLISHING VEHICLES $23 $53
SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS $23 $53
SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS $23 $53
SLMC 10.36.110 PARKING ON GRADES $23 $53
SLMC 10.36.120 UNLAWFUL PARKING - PEDDLERS, VENDORS $23 $53
SLMC 10.36.130 EMERGENCY PARKING SIGNS $23 $53
SLMC 10.36.140 LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION $23 $53
SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES $23 $53
SLMC 10.36.160 NIGHTTIME PARKING OF VEH W/OPERATING AIR/REFRIGERATION $23 $53
SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PARKING AREA $38 $68
SLMC 10.36.230 PERMITS - DISPLAY OF PERMITS $28 $58
SLMC 10.36.235 NO PERMIT LOT $33 $63
SLMC 10.40.010 TIMED PARKING 10 MINUTES TO 10 HOURS (Overtime Parking) $38 $68
SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED $28 $58
SLMC 10.40.040 PARKING PARALLEL ON ONE-WAY STREETS $21 $51
SLMC 10.40.050 DIAGONAL PARKING $21 $51
SLMC 10.40.060 PARKING SPACE MARKINGS $33 $63
SLMC 10.40.070 NO STOPPING ZONE $21 $51
SLMC 10.40.080 ALL NIGHT PARKING PROHIBITED (3-5am) $38 $68
SLMC 10.44.020 CURB MARKING TO INDICATE NO STOPPING/PARKING REGS. $23 $53
SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE $53 $83
SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD/UNLOAD IN WHITE ZONE $33 $63
SLMC 10.44.050 STANDING IN ANY ALLEY $33 $63
SLMC 10.44.070 DISABLED PARKING $338 $368
SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT $58 $88
SLMC 10.48.020 ADVERTISING VEHICLES $33 $63
SLMC 10.48.030 ANIMAL DRAWN VEHICLES $33 $63
SLMC 10.48.040 TRUCK ROUTES $88 $118
SLMC 10.48.050 COMM. VEHICLES PROHIBITED FROM USING CERTAIN STREETS $88 $118
SLMC 10.48.060 MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS $88 $118
SLMC 10.52.040 PARKING METERS - OPERATIONAL PROCEDURES $23 $53
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SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED $33 $63
SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT $15 $45
SLMC 10.52.070 IMPROPER USE OF METER $15 $45
SLMC 10.52.080 PARKING METERS/STANDARDS - PROPER USE $15 $45
SLMC 10.52.110 MOTORCYCLE SPACES $15 $45
CVC 5204(a)* CURRENT TAB IMPROPERLY ATTACHED *25
CVC 21113(a) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-MOVING $116 $146
CVC 21113(b) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-PARKING $33 $63
CVC 21113 (c) DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS $33 $63
CVC 22500.1 STOPPING/STANDING/PARKING: FIRE LANE $116 $146
CVC 22500(a) STOPPING/STANDING/PARKING: WITHIN INTERSECTION $33 $63
CVC 22500(b) STOPPING/STANDING/PARKING: ON A CROSSWALK $33 $63
CVC 22500(c) STOPPING/STANDING/PARKING: BETWEEN SAFETY ZONE $33 $63
CVC 22500(d) STOPPING/STANDING/PARKING: W/IN 15' FIREHOUSE ENTRANCE $33 $63
CVC 22500(e) STOPPING/STANDING/PARKING: PUBLIC/PRIVATE DRIVEWAY $33 $63
CVC 22500(f) STOPPING/STANDING/PARKING: ON SIDEWALK $33 $63
CVC 22500(g) STOPPING/STANDING/PARKING: ALONG/OPPOSITE OBSTRUCT $33 $63
CVC 22500(h) STOPPING/STANDING/PARKING: ON ROADWAY SIDE OF VEHICLE $33 $63
CVC 22500(i) IMPROPER PARKING IN BUS ZONE $263 $293
CVC 22500(j) STOPPING/STANDING/PARKING: IN TUBE OR TUNNEL $33 $63
CVC 22500(k) STOPPING/STANDING/PARKING: UPON BRIDGE EXCEPT AUTH $33 $63
CVC 22500(l) IMPROPER PARKING IN WHEELCHAIR ACCESS $263 $293
CVC 22502(a) CURB PARKING $33 $63
CVC 22502(b) PARKING OPPOSITE DIRECTION OF TRAFFIC $33 $63
CVC 22502(c) CURB PARKING - WHEELS MORE THAN 18 INCHES FROM CURB $33 $63
CVC 22504(a) UNINCORPORATED AREA PARKING $33 $63
CVC 22505(a) PARKING ON STATE HIGHWAY WHERE SIGN POSTED $33 $63
CVC 22505(b) POSTED NO PARKING - STATE HIGHWAY $33 $63
CVC 22507 UNLAWFUL PARKING $33 $63
CVC 22507.8 (a) PARKING IN SPACE FOR DISABLED $338 $368
CVC 22507.8 (b) PARKING IN SPACE FOR DISABLED - OBSTRUCT/BLOCK $338 $368
CVC 22507.8 (c)(1) PARKING IN SPACE FOR DISABLED - ON LINES MARKED $338 $368
CVC 22507.8 (c)(2) PARKING IN SPACE FOR DISABLED - CROSSHATCHED LINES $338 $368
CVC 22510 PARKING IN SNOW REMOVAL AREAS $3 $33
CVC 22511.7 DISABLED ZONE $338 $368
CVC 22512 VEHICLE UNATTENDED $116 $146
CVC 22513 TOW CARS - PARKING ON FREEWAY $33 $63
CVC 22514 FIRE HYDRANTS $63 $93
CVC 22515(a) UNATTENDED VEHICLES - SET BRAKES/STOP MOTOR $33 $63
CVC 22515(b) UNATTENDED VEHICLES - SET BRAKES/WHEELS/PREVENT MOVE $33 $63
CVC 22516 LOCKED VEHICLE $116 $146
CVC 22517 OPENING AND CLOSING DOORS $116 $146
CVC 22520.5 VENDING ON FREEWAY RIGHT-OF-WAY $116 $146
CVC 22520.5(a) VENDING ON FREEWAY RIGHT-OF-WAY $116 $146
CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS $33 $63
12.a
Packet Pg. 131 Attachment: a - 2015 Parking Citation Processing Services RFP DRAFT (1144 : Parking Citation Processing Services RFP)
Page | 27
CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS $288 $318
CVC 22523(a) VEHICLE ABANDONMENT- On Highway $283 $313
CVC 22523(b) VEHICLE ABANDONMENT $283 $313
CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE $116 $146
CVC 22651(b) VEHICLE PARKED/LEFT STANDING TO OBSTRUCT TRAFFIC $116 $146
CVC 40225* PROCESSING OTHER VIOLATIONS *$10
CVC 40226* FAILURE TO DISPLAY DISABLED PLACARD - ADMINISTRATIVE FEE *$25
LATE PAYMENT PENALTY $30
*
All other fine amounts set by City Council pursuant to CVC 40203.5
12.a
Packet Pg. 132 Attachment: a - 2015 Parking Citation Processing Services RFP DRAFT (1144 : Parking Citation Processing Services RFP)
Page | 28
SAMPLE CONTEST FORM
12.a
Packet Pg. 133 Attachment: a - 2015 Parking Citation Processing Services RFP DRAFT (1144 : Parking Citation Processing Services RFP)
Page | 1
CURRENT CITATION INFORMATION
City of San Luis Obispo (170)
Age Citation Receivables Detail By
Issue Month
For May 2015 Activity
Days Issued
Count
Closed
Collection
Rate
Closed
Count
Open
Count
Percent Of
Total Open Days Issued
Count
Violation
Amount
Additional
Amount Total Amount
0-29 1,940 53.51%1,038 902 46.49%0-29 1,940 $32,578.00 ($93.00)$32,485.00
30-59 1,608 82.59%1,328 280 17.41%30-59 1,608 $11,495.00 $5,597.00 $17,092.00
60-89 1,415 82.97%1,174 241 17.03%60-89 1,415 $8,306.00 $5,420.00 $13,726.00
90-119 1,647 85.37%1,406 241 14.63%90-119 1,647 $8,623.00 $5,712.00 $14,335.00
120-149 1,161 84.32%979 182 15.68%120-149 1,161 $6,576.00 $4,404.00 $10,980.00
150-179 1,546 84.80%1,311 235 15.20%150-179 1,546 $8,353.00 $5,075.00 $13,428.00
180-209 1,970 87.97%1,733 237 12.03%180-209 1,970 $8,911.00 $5,860.00 $14,771.00
210-239 2,209 88.73%1,960 249 11.27%210-239 2,209 $8,735.00 $6,246.00 $14,981.00
240-269 1,501 90.07%1,352 149 9.93%240-269 1,501 $5,092.00 $3,833.00 $8,925.00
270-299 1,691 88.17%1,491 200 11.83%270-299 1,691 $6,820.00 $5,148.00 $11,968.00
300-329 2,151 90.19%1,940 211 9.81%300-329 2,151 $7,434.00 $5,242.00 $12,676.00
330-365 2,851 89.76%2,559 292 10.24%330-365 2,851 $10,671.00 $6,798.00 $17,469.00
366-730 23,118 93.85%21,696 1,422 6.15%366-730 23,118 $52,242.00 $28,288.00 $80,530.00
731-1095 24,738 94.66%23,418 1,320 5.34%731-1095 24,738 $46,979.00 $23,522.00 $70,501.00
1096-1460 21,773 94.40%20,553 1,220 5.60%1096-1460 21,773 $43,260.00 $24,921.00 $68,181.00
1461-1825 23,844 94.88%22,622 1,222 5.12%1461-1825 23,844 $40,286.00 $26,004.00 $66,290.00
Totals 115,163 92.53%106,560 8,603 7.47%Totals 115,163 $306,361.00 $161,977.00 $468,338.00
Prepared by Phoenix Group Information Systems 1-855-472-8137 Email:CustomerService@phxgroup.com
12.a
Packet Pg. 134 Attachment: a - 2015 Parking Citation Processing Services RFP DRAFT (1144 : Parking Citation
Page intentionally left
blank.
Meeting Date: 12/1/2015
FROM: Michael Codron, Community Development Director
Prepared By: Marcus Carloni, Associate Planner
SUBJECT: CONSIDERATION OF A MEMORANDUM OF AGREEMENT FOR INTERIM
WATER AND SEWER SERVICE ASSOCIATED WITH THE PROPOSED
ANNEXATION OF APPROXIMATELY 40 ACRES OF PROPERTY ALONG
FIERO LANE AND CLARION COURT. PROJECT INCLUDES AN
ADDENDUM TO THE AIRPORT AREA AND MARGARITA AREA
ENVIRONMENTAL IMPACT REPORT
RECOMMENDATION:
1. Adopt a Resolution (Attachment C) approving and authorizing the Mayor to execute a
Memorandum of Agreement (Attachment F) regarding the future annexation of the Fiero
Lane and Clarion Court area and the provision of interim water and sewer service to Fiero
Lane Water Company; and
2. Approve an Addendum to the Airport Area and Margarita Area EIR (Attachment H); and
3. Introduce an Ordinance (Attachment E) amending Municipal Code Chapter 13.16 to allow
for limited interim water and sewer service outside of the City.
SITE DATA
Applicant Fiero Lane Water Company
Representative Rob Miller, Wallace Group
Zoning BP, Manufacturing, Service
Commercial per Airport Area
Specific Plan
General Plan Business Park/Services &
Manufacturing
Site Area ~40 Acres
Environmental
Status
Addendum to AASP and MASP
Environmental Impact Report
recommended for adoption.
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1.0 REPORT IN BRIEF
This is the review of a request for interim water and sewer service hookup associated with the
proposed future annexation of the Fiero Lane and Clarion Court area. The review includes a draft
Memorandum of Agreement between the City and Applicant (see section 3.4), a Municipal Code
amendment to allow service to an outside user (see section 3.2), authorization for submittal of an
outside user agreement application to the Local Agency Formation Commission, and an
addendum to the Airport Area and Margarita Area Environmental Impact Report (see section
3.3).
The future annexation is consistent with General Plan requirements for annexation in the Airport
Area (Land Use Element Policy 1.13.5) as discussed in section 3.1 below. Additionally, staff has
provided recommended language to amend Municipal Code Chapter 13.16 to allow interim
service hookup to the subject area (Section 3.2) and the prepared Addendum indicates that new
conditions have have not occurred that would require preparation of a subsequent Environmental
impact Report (Section 3.3). The subject location is within the City’s urban reserve line and is
surrounded by City incorporated property. The proposed future annexation was anticipated by
the Airport Area Specific Plan and the request for interim service is supported by staff as
discussed in section 3.0 of this report.
2.0 DISCUSSION
Background
2.1 Site Information/Setting
The project site includes approximately 40 acres of land within the City’s urban reserve line
and is bounded by property in the incorporated City on the north, east, and south. The area
currently has potable water, wastewater collection and wastewater treatment service provided
by the Fiero Lane Water Company (FLWC).
The project site is pre-zoned for Business Park, Service Commercial, and Manufacturing uses
and existing development includes approximately 500,123.5 sq. ft. of one and two story
structures accommodating light manufacturing, service commercial, and office uses.
Site Size ~40 Acres
Present Use & Development Light Manufacturing, Service Commercial, and Office Uses.
Presently developed with one and two story buildings.
Land Use/(Zoning) Services & Manufacturing/Business Park (C-S, M, BP)
Access Fiero Lane from Broad Street & Clarion Court from Tank Farm
Road
Surrounding Use/Zoning North: Self Storage and Commercial Buildings (C-S & BP
zoning)
South: Airport & Vacant Land/Commercial Buildings (County
Zoning & BP zoning)
East: Commercial Buildings and Residences ( C-S & R-1)
West: Airport (County Zoning)
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2.2 Project Description
The project proposes initiation of a proposed annexation of approximately 40 acres of
property along Fiero Lane and Clarion Court (see Attachment B, Annexation Boundary
Map). The proposed initiation (Phase 1) includes the provision of interim water and sewer
service associated with the future annexation as discussed in the draft Memorandum of
Agreement between the City and the Fiero Lane Water Company (Attachment F,
Memorandum of Agreement).
The applicant, Fiero Lane Water Company, has indicated that the need for interim service
connection is due to: 1) reliability of the existing water supply (three wells ~100 feet in
depth), 2) the time, complexity, and cost of annexation, and 3) the poor quality of the existing
water source which requires continuous and costly treatment (these items are further detailed
in Attachment G, Interim Service Letter).
The physical changes are expected to be limited to connections and improvements to existing
infrastructure, and no specific additional development is proposed. The proposed phases are
provided in Attachment I.
3.0 PROJECT ANALYSIS
The proposed annexation was anticipated and supported by previous action of the City Council
with adoption of the Airport Area Specific Plan (AASP). With adoption of the AASP, the City
preferred to annex the entire plan area but it was recognized that some properties would not be
annexed in the first phase (AASP Chapter 9.1). The Ordinance adopting the AASP (Ordinance
No. 1481, 2005 Series) recognized existing un-annexed properties within the plan boundary and
pre-zoned said properties in anticipation of their eventual annexation.
Staff supports the initiation of the proposed annexation; support for Phase 1 with Phase 2 (final
annexation) to return to the Planning Commission and City Council at a later date. Staff provides
the following for Council consideration in support of the proposal:
3.1 Future Annexation Supported by General Plan:
Although final annexation is not a part of Council’s consideration at this time, it is important
to understand General Plan policy as it relates to the proposed future annexation during this
initiation/interim service phase of the project. General Plan Land Use Element Policy 1.13.5
provides the annexation criteria for properties in the AASP boundary.
Staff finds the proposed future annexation to be consistent with the criteria outlined in 1.13.5
as provided below.
1.13.5. Annexation in Airport Area
Properties in the Airport Area Specific Plan may only be annexed if they meet the
following criteria:
a. The property is contiguous to the existing city limits; and
Staff Response: Compliant
b. The property is within the existing urban reserve line; and
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Staff Response: Compliant
c. The property is located near to existing infrastructure; and
Staff Response: Compliant. The property is surrounded by existing
infrastructure
d. Existing infrastructure capacity is available to serve the proposed development;
and
Staff Response: Compliant. See EIR Addendum (Attachment H) and
MOA (Attachment F).
e. A development plan for the property belonging to the applicant(s) accompanies
the application for annexation; and
Staff Response: No development is proposed.
f. The applicant(s) agree to contribute to the cost of preparing the specific plan and
constructing area-wide infrastructure improvements according to a cost -sharing
plan maintained by the City.
Staff Response: Compliant. The specific plan has already been prepared
and the applicant is making the required infrastructure improvements
and/or paying the established plan preparation fees as appropriate.
3.2 Amendment to Municipal Code Chapter 13.16
With some limited exceptions, General Plan Land Use Element Policy 1.13.1 “Water and
Sewer Service” prohibits the provision of water and sewer service to areas “outside the City
limits.” This policy is regulated by Municipal Code Chapter 13.16 “Water and Sewer
Service for Private Use Outside City Limits.”
Policy 1.13.1 is a core tenet of the City’s General Plan Growth Manage ment policies. The
purpose of the policy is to prevent delivery of City potable water and sewer services outside
City Limits. The policy, along with the establishment of the City’s Urban Reserve Line
(LUE Policy 1.7.1), has been effective at avoiding the growth inducing impacts that would
likely occur if the City made a practice out of providing water and sewer service to
development in County unincorporated areas.
In this instance, the applicant has submitted an annexation application and has agreed to a
Memorandum of Agreement (MOA), which establishes timeframes by which the applicant
must complete annexation or be subject to disconnection from the interim connection to City
service (for more information on the MOA see section 3.4 below). This process is consistent
with LUE Policy 1.13.3, Annexation Purpose and Timing, which permits phased annexations
when consistent with a City-approved specific plan. The proposed annexation is consistent
with the City’s annexation strategy, which was approved along with the first phase of the
Airport Area Annexation.
To support the application, the City Council would need to modify the existing “exception”
language within Municipal Code Chapter 13.16. Staff recommends adding subsection “E”
which includes language to allow water and sewer service to the Fiero Lane and Clarion
Court annexation area. A draft Ordinance to modify Chapter 13.16 is provided as
Attachment E with a legislative draft provided as Attachment D.
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3.3 Environmental Review
Staff has prepared an Addendum to the Environmental Impact Report adopted with the
Airport Area and Margarita Area Specific Plan’s in 2005. The addendum was prepared to
respond to the current drought conditions because the 2005 EIR’s water supply analysis was
evaluated based on normal precipitation (see Attachment H, Addendum to AASP/MASP
EIR).
The addendum concludes that the proposed project does not meet the criteria for preparing a
subsequent or supplemental EIR under CEQA Guidelines Section 15162 and is consistent
with the provisions of CEQA Guidelines Sections 15164 and 15183.5 (Attachment H,
Addendum to AASP/MASP EIR, section 3.0).
3.4 Memorandum of Agreement Contents
Attachment F includes a draft Memorandum of Agreement (MOA) between the applicant and
the City. The MOA sets forth the terms and condition regarding the possible annexation of
the Area into the City, including, but not limited to, the provision for interim water and sewer
service and the upgrade and transfer of certain portions of the applicant’s water and sewer
infrastructure to City. The following is a summary of the major terms and conditions of the
MOA.
1) Interim Water and Sewer Service Provision: Once the appropriate approvals are
received, the City will provide water and wastewater service at normal commercial
rates. If the company does not meet the required timing schedule or is otherwise in
default of any term or condition of the MOA the City can charge two times the
normal rates for both water and sewer. If the Company does not meet the schedule or
the terms of the MOA or the annexation does not take place, the City can remove the
interim connection at the expense of the Company.
2) Costs and Fees: The applicant is responsible for all costs and expenses for the
annexation and the required infrastructure. The water and wastewater impact fees
will be those applicable as of the effective date of the MOA. The recycled water
impact fees are capped at $80,000.
3) Responsibilities of the City: Upon final acceptance of the infrastructure and
improvements, the City will be responsible for operation and maintenance of the
accepted water and sewer infrastructure and the provision of water and wastewater
service to the Area duly annexed and served by such infrastructure. The City is also
agreeing to assist in possible land based financing.
4) Existing and Future Development: Upon annexation, the property may be further
developed consistent with City policies, rules and regulations including, but not
limited to, the General Plan, the Airport Area Specific Plan (AASP), and other
provisions of the Municipal Code and state law.
4.0 CONCURRENCES
The project has been reviewed by all pertinent City departments (Utilities, Planning, Public
Works, Engineering, Fire, Building, Natural Resources, Economic Development) and comments
have been incorporated into the staff report, MOA, Addendum, and recommended
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Resolution/Ordinance.
5.0 FISCAL IMPACT
When the Airport Area Specific Plan was adopted, it was accompanied by a fiscal impact
analysis, which found that annexation of the properties within the Airport Area Specific Plan
(AASP) boundary would result in positive fiscal impacts for the City; approximately $750,000
net fiscal benefit annually at build-out. The proposed future annexation will help the City realize
the positive fiscal impact indicated in the fiscal analysis, as anticipated by the AASP.
Water and Sewer Fund revenue associated with the proposed interim service period
(approximately January 2016 through December 2019) is $651, 446 as shown in the table below.
Historical outside the city water and sewer service rates (two times the normal commercial rate)
would generate $1,302,893.
2015/16 2016/17 2017/18 2018/19 2019/20 Total
Water Fund:40,920$ 83,033$ 86,837$ 77,567$ 39,944$ 328,301$
Sewer Fund:38,073$ 78,389$ 80,740$ 83,135$ 42,807$ 323,145$
Revenue Total:651,446$
Revenue Total at Outside City Rate:1,302,893$ NOTE:
Revenue estimates are based on the following:
1. Metered annual water consumption (approximately 11 acre feet/year) provided by the FLWC for November 2013-14,
2. Water and sewer rates adopted with the 2015-17 Financial Plan and estimated rate increases for FY 2017-18 through FY 2019-
20.
3. Drought surcharge on both volumetric and base fees For FY 2015-16 through 2017-18.
6.0 ALTERNATIVES
1. Continue the project with direction to the applicant and staff on pertinent issues.
2. Deny the Proposal. Deny the proposed annexation initiation and associated request for
interim water and sewer service to an outside user. Denial of the request is not
recommended because the project is consistent with the City’s annexation strategy for the
Airport Area and appropriate conditions have been established to ensure that the
annexation occurs in an orderly fashion.
Attachments:
a - Vicinity Map
b - Annexation Boundary Map
c - Draft Resolution
d - Municipal Code Chapter 13.16 Legislative Draft Amendments
e - Draft Ordinance Amending MC Chapter 13.16
f - Memorandum of Agreement
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g - Interim Service Letter
h - Addendum to AASP/MASP EIR
i - Proposed Phases
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C-S
C-C
BP-SP
PF
BP-SP
R-1-SP
PF
R-1-SP
BP-SP
R-1-SP
C-S-SP
C-C-SF
C-S-S
R-2-SP
BP-SP
R-1-SP
O-SP
R-2-SP
C/OS
PF
BP-SP
R-2-SP
C/OS
R-2-SP
C/OS-SP
R-1-SP
C/OS-SP
C/OS-SP
R-2-SP
R-1-SP
PF-SP
C/OS-SP
R-2-SP-PD
M-S
R-1-PD-SP
C-S-SP
PF-SP
R-1-SP
R-2-SP
O-SP
C-S-MU-PD
R-3-SPR-1-SP
R-2-SP
R-1-SPC/OS
C/OS-SP
C/OS-SP
C/OS
C/OS-SP
BP-SP
C/OS-40-SP
C/OS-40-SP
R-2-SP
R-1-SP
C-S-S-SP
C-S
C-S
C/OS-40-SP
R-2-SP
PF-SP
C/OS-SP
R-1-SP
C-C-SF
C/OS-40-SP
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13.a
Packet Pg. 142 Attachment: a - Vicinity Map (1187 : Fiero Lane/Clarion Court Annexation)
CLARIO N CT
AERO VISTA LNF IE R O L N BROAD
S
T
SANTA FE RD6.83
2.29
2.13
2.3
2.2
1
2.03
2.4 2.43
1.77
1.28
1.27
1.23
0.8
0.950.88
0.62
0.4 0.54
0.48 0.46
0.30.35 0.33
0.32
0.29
0.23 0.23 0.220.22
Fiero Lane Proposed Annexation
Prop osed An nexationBoundary
Sa n L uis Obisp oCity Limits
Pa rce l Bou ndary
612 CLAR ION COURTSAN L UIS OBISPO, CA 9 340 1805 54 4-4 011 www.wallacegroup.us
CIVIL ENGINEER INGCONSTRUCTION MANAGEMENTLANDSCAPE A RCHIT ECTUREMECHANICAL ENGINEERINGPLANNINGPUBLIC WORKS ADMINISTRATIONSURVEYING/GIS SOLUTIONSWATER RESOURCESWALLACE SWANSON INT ERNATIONAL
0 2,0 00 4,0 00 Feet
0 0.5 10.25 Miles
1 inch = 3,000 feet
Z
1.50 (Acreage)
13.b
Packet Pg. 143 Attachment: b - Annexation Boundary Map (1187 : Fiero Lane/Clarion Court Annexation)
RESOLUTION NO. (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT
REGARDING THE PROPOSED ANNEXATION AND PROPERTY
ALONG FIERO LANE AND CLARION COURT AND THE PROVISION
OF INTERIM WATER AND SEWER SERVICE (850 FIERO LANE)
WHEREAS, on December 1, 2015, the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, for the purpose of considering a Memorandum of Agreement regarding the
proposed annexation of property along Fiero Lane and Clarion Court and the provision of interim
water and sewer service; and
WHEREAS, an Addendum to the Environmental Impact Report for the Airport Area and
Margarita Area Specific Plans was prepared to review any new impacts/conditions associated
with the proposed project; and
WHEREAS, the City Council has duly considered all evidence, including testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. That the Memorandum of Agreement between the City and the Fiero Lane Water
Company is consistent with the Airport Area Specific Plan and General Plan policies.
2. That the Memorandum of Agreement between the City and the Fiero Lane Water
Company adequately addresses the parameters of interim service and establishes
sufficient penalties/timeframes to ensure future annexation or disconnection from City
services.
3. That the Addendum to the Airport Area and Margarita Area Environmental Impact
Report (adopted August 23, 2005 and amended September 2, 2014) properly
characterizes the current drought conditions and provides substantial evidence that new
conditions have not occurred that would require preparation of a subsequent
Environmental Impact Report per CEQA Guidelines Sections 15162, 15164, and
15183.5.
13.c
Packet Pg. 144 Attachment: c - Draft Resolution (1187 : Fiero Lane/Clarion Court Annexation)
Resolution No. ________ (2015 Series) Page 2
R ______
SECTION 3. Action. The City Council hereby approves and authorizes the Mayor to
execute the Memorandum of Agreement between the City and the Fiero Lane Water Company
attached hereto as Exhibit “A” and incorporated herein by this reference.
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
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
13.c
Packet Pg. 145 Attachment: c - Draft Resolution (1187 : Fiero Lane/Clarion Court Annexation)
Chapter 13.16
WATER AND SEWER SERVICE FOR PRIVATE USE OUTSIDE CITY LIMITS
Sections:
13.16.010 City not to approve any provision of or entitlement to.
13.16.020 Exceptions.
13.16.010 City not to approve any provision of or entitlement to.
After the effective date of the ordinance codified in this chapter, the city shall not approve any provision or
entitlement to water or sewer service for the use or benefit of properties outside the city limits. (Ord. 951
§ 1, 1983)
13.16.020 Exceptions.
This chapter shall not appl y to:
A. Any property duly annexed after the effective date of the ordinance codified herein;
B. Any public or private party with which the city had an effective agreement for provision of services prior
to the effective date of the ordinance codified here in;
C. Properties which currently receive city water or sewer service without a previously effective agreement;
D. Provision of sewer service to the Hidden Hills Mobile Home Park, as provided in the State of California
Water Resources Control Board Order. No. WOO 824. (Ord. 951 § 2, 1983)
E. Provision of interim water and/ or sewer service to the Fiero Lane and Clarion Court annexation area,
as set forth in the Memorandum of Agreement between the City of San Luis Obispo and Fiero Lane
Water Company and adopted by City Council Resolution No. ________ (2015 Series).
13.d
Packet Pg. 146 Attachment: d - Municipal Code Chapter 13.16 Legislative Draft Amendments (1187 : Fiero Lane/Clarion Court Annexation)
ORDINANCE NO. (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA AMENDING MUNICIPAL CODE CHAPTER 13.16 TO
ALLOW INTERIM WATER AND SEWER SERVICE ASSOCIATED WITH THE
PROPOSED FUTURE ANNEXATION OF THE FIERO LANE AND CLARION
COURT AREA (850 FIERO LANE)
WHEREAS, with some limited exceptions, Chapter 13.16 of the City of San Luis
Obispo’s (“City”) prohibits the provision of water or sewer service for the use and benefit of
properties outside of the City’s limits; and
WHEREAS, on December 1, 2015, the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, and adopted Resolution No. XXXX-2015 approving a Memorandum of
Agreement (the “MOA”) between the City and Fiero Lane Water Company (“FLWC”); and
WHEREAS, consistent with General Plan Land Use Element Policy 1.13.5, the MOA
contemplates the future annexation of certain real property within the City’s Airport Area
Specific Plan (the “Annexation”). Such property is currently improved with various commercial
uses and water and sewer service is currently provided by FLWC; and
WHEREAS, as part of the MOA, the City has agreed to provide interim water and sewer
service to such property until such time the property is duly annexed to the City, as well as other
terms and conditions, including, but not limited to, disconnection of such water and sewer
service in the event annexation is not successful or the failure of FLWC to comply with certain
obligations as set forth in the MOA; and
WHEREAS, by this Ordinance, the City Council desires to amend Chapter 13.16 of the
City’s Municipal Code to allow for the temporary provision of water and sewer service to the
area to be annexed consistent with the terms and conditions of the MOA; and
WHEREAS, an Addendum to the Environmental Impact Report for the Airport Area and
Margarita Area Specific Plans was prepared to review any new environmental
impacts/conditions associated with the proposed project including the modifications to the City’s
Municipal Code related to the provision of interim water and sewer service under the MOA; and
WHEREAS, the City Council has duly considered all evidence, including testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
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Packet Pg. 147 Attachment: e - Draft Ordinance Amending MC Chapter 13.16 (1187 : Fiero Lane/Clarion Court Annexation)
Ordinance No.______ (2015 Series) Page 2
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. That the recitals above are true and correct and incorporated herein by this reference.
2. That the proposed amendment will not significantly alter the character of the City or
cause significant health, safety or welfare concerns, since the amendments are consistent
with the intent and purpose of the General Plan.
3. That the provision of water and sewer service on an interim basis under the MOA is
necessary in order for such property to be duly annexed into the City.
4. That the provision of water and sewer service on an interim basis under the MOA is
necessary in order for certain improvements to be feasibly constructed in the area to be
annexed for ultimate acceptance into the City’s water and sewer infrastructure.
5. That the MOA between the City and the Fiero Lane Water Company adequately
addresses the parameters of interim water and sewer service and establishes sufficient
penalties/timeframes to ensure future annexation or disconnection from City services.
6. That the Addendum to the Airport Area and Margarita Area Environmental Impact
Report (adopted August 23, 2005 and amended September 2, 2014) properly
characterizes the current drought conditions and provides substantial evidence that new
conditions have not occurred that would require preparation of a subsequent
Environmental Impact Report per CEQA Guidelines Sections 15162, 15164, and
15183.5.
SECTION 2. Section 13.16.020 “Exceptions” of Municipal Code Chapter 13.16 “Water
and Sewer Service for Private Use Outside City Limits” is hereby amended to add subsection
“E” to read as follows:
E. Provision of interim water and/ or sewer service to the Fiero Lane and Clarion Court
annexation area, as set forth in the Memorandum of Agreement between the City of
San Luis Obispo and Fiero Lane Water Company and adopted by City Council
Resolution No. ________ (2015 Series).
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase
of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City’s rules and regulations.
It is the City’s express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 4. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
13.e
Packet Pg. 148 Attachment: e - Draft Ordinance Amending MC Chapter 13.16 (1187 : Fiero Lane/Clarion Court Annexation)
Ordinance No.______ (2015 Series) Page 2
the expiration of thirty (30) days after its final passage.
INTRODUCED on the_______ day of _____, 2015, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the______ day of______, 2015, on the following
vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Jon Ansolabehere
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Jon Ansolabehere
Interim City Clerk
13.e
Packet Pg. 149 Attachment: e - Draft Ordinance Amending MC Chapter 13.16 (1187 : Fiero Lane/Clarion Court Annexation)
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE
FIERO LANE WATER COMPANY
This Memorandum of Agreement (MOA) is made and entered into this _______ day of
___________, 20____ (the “Effective Date”) by and between the City of San Luis Obispo, a
municipal corporation and charter city, (hereinafter referred to as “CITY”) and, Fiero Lane
Water Company, a California corporation (hereinafter referred to as “COMPANY”). CITY, and
COMPANY shall hereinafter be referred to collectively as “PARTIES”.
RECITALS
WHEREAS, COMPANY is a mutual water company which provides water and sewer
service to property owners and their tenants within its service boundaries. A map depicting
COMPANY’s service area and a listing of all properties served by COMPANY is attached
hereto as Exhibit 1, and incorporated herein by this reference; and
WHEREAS, COMPANY’s service area is immediately adjacent to CITY’s municipal
boundaries, but within CITY’s urban reserve line and CITY’s Airport Area Specific Plan
annexation area; and
WHEREAS, CITY’s General Plan Water and Wastewater Element Policy No. 1.19.1A
of the Water and Wastewater Element and CITY’s Municipal Code section 13.04.030 state that
the CITY shall be the only purveyor of water and wastewater services in the CITY’s limits; and
WHEREAS, COMPANY and CITY have been negotiating the possible annexation of a
portion of COMPANY’s service area into CITY’s boundaries. A map depicting this area to be
possibly annexed is attached hereto as Exhibit 2 (the “Area”) and incorporated herein by this
reference;
WHEREAS, by this MOA, COMPANY and CITY wish to set forth certain terms and
conditions regarding the possible annexation of the Area into the CITY, including, but not
limited to, the provision for interim water and sewer service and the upgrade and transfer of
certain portions of COMPANY’s water and sewer infrastructure to CITY.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, the PARTIES agree as follows:
1. Payment of Costs and Expenses – COMPANY agrees to pay for any and all
costs and expenses related to the annexation of the Area into CITY’s municipal boundaries,
including, but not limited to, all of CITY’s administrative fees, consultant fees, filing fees,
planning fees, engineering fees, attorney’s fees, surveying fees, inspection fees, construction
13.f
Packet Pg. 150 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
costs, conditions of approval and mitigation measures related to the preparation and review of
this MOA, and all actions contemplated herein. COMPANY and CITY acknowledge and agree
that the list of permit fees attached hereto as Exhibit 3 and incorporated herein by this reference
is a fair and reasonable estimate of the anticipated permit fees associated with the Annexation.
COMPANY acknowledges and agrees that such estimate is subject to change. Within fifteen
(15) days of the Effective Date of this MOA, COMPANY shall deposit the sum of twenty five
thousand dollars ($25,000) (the “Deposit”) with CITY. Such amount may be commingled with
CITY’s other funds. CITY may deduct its expenses from such deposit and shall provide
COMPANY with regular invoices. COMPANY shall have thirty (30) days from the date of such
invoice to contest the expenses and charges so described. Whenever the Deposit declines to
$5,000 or less, or is insufficient to cover any anticipated costs or expenses, CITY may request an
additional deposit in an amount determined by CITY in its sole and absolute discretion.
COMPANY’s failure to timely deposit such funds shall be considered a material breach of this
MOA, in which case CITY may cease any further action without any liability whatsoever.
2. Annexation of Area – Subject to the terms and conditions herein, after receiving
a written request from the COMPANY, the CITY shall hold a public hearing for the
consideration of the annexation request, and if authorized by the City Council, City shall file an
application with the San Luis Obispo Local Agency Formation Commission (“LAFCO”) to
annex the Area into the CITY’s municipal boundaries (the “Annexation”). COMPANY shall
provide any and all information, plans (including a plan for services), documents or signatures
needed for such application. COMPANY acknowledges and agrees that such annexation
proceedings are subject to the discretion of LAFCO, other affected agencies and protest
proceedings, and that CITY makes no guaranties, representations or warranties whatsoever
regarding any outcome of the Annexation or related process. COMPANY further acknowledges
that the Annexation is subject to environmental review pursuant to the California Environmental
Quality Act and potentially subject to certain conditions of approval and mitigation measures.
Upon annexation of the Area into the CITY’s municipal boundaries (i.e. effective date of the
certificate of completion) and CITY’s acceptance of the water and sewer infrastructure as set
forth in Section 3.d below, COMPANY shall forever cease operating within the Area so
annexed.
3. COMPANY Infrastructure -
a. Existing Conditions of COMPANY Infrastructure – COMPANY acknowledges
and agrees that much of the existing water and wastewater infrastructure owned
by COMPANY being used to provide water and wastewater service to the Area
does not currently meet CITY standards for acceptance by the CITY following
Annexation. COMPANY acknowledges that the existing stormdrain infrastructure
is currently owned and maintained by the County and appears to be acceptable,
subject to the completion of specific stormdrain improvements by the County,
including cleaning and final inspection of the infrastructure prior to Annexation.
b. Required Improvements – Prior to Annexation of the Area into CITY and CITY’s
provision of water and sewer to the Area, COMPANY shall upgrade the
COMPANY’s water and sewer infrastructure to City standards as identified in
13.f
Packet Pg. 151 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
Exhibit 4 attached hereto and incorporated herein by this reference. In addition,
COMPANY shall coordinate with the County to arrange for the inspection and
cleaning of the existing stormdrain by the County. COMPANY acknowledges and
agrees that additional improvements to COMPANY’s water and sewer
infrastructure may be needed as later determined by CITY in its sole and absolute
discretion. COMPANY further acknowledges and agrees that upon completion of
the required improvements to the water and sewer infrastructure, COMPANY
shall repair the affected right of way in its entirety to a state of good repair as
determined by the CITY’s Director of Public Works. COMPANY hereby
expressly waives Labor Code section 1781 and hereby releases, indemnifies and
holds harmless CITY from and against any claim that the infrastructure
improvements required herein are subject to the payment of prevailing wages.
c. Responsibilities of COMPANY for Upgrades – COMPANY shall be solely
responsible for all aspects of completing the required infrastructure upgrades
including, but not limited to, financing, design, permitting, bidding and
construction and inspection. CITY will consider the necessary actions to establish
land based funding opportunities or other related funding mechanisms in order to
finance those public improvements that the COMPANY elects not to self-fund,
subject to property owner approval and public hearing requirements as required
by law.
d. Transfer of Infrastructure and Facilities – Upon completion of all infrastructure
upgrades, COMPANY shall provide CITY with:
i. A complete set of record drawings prepared by a registered engineer
depicting the actual conditions and the locations of the water and sewer
facilities proposed to be transferred to CITY;
ii. All documents showing all of COMPANY’s easements and real property
located within the Area; and
iii. Executed instruments, which shall be in a form or forms to the satisfaction
of the City Attorney, transferring all water and sewer infrastructure, and
related easements and real property within the Area to the CITY.
COMPANY acknowledges that such transfer is subject to CITY accepting
such infrastructure, easement and real property. COMPANY agrees to
furnish CITY with a title insurance policy showing title to any easement or
real property to be transferred in the name of CITY with coverage in the
amount of the fair market value the property or its replacement value, as
applicable.
COMPANY acknowledges and agrees that unless and until its water and sewer infrastructure are
accepted by CITY, COMPANY shall be solely responsible for the operation and maintenance of
such infrastructure. The CITY reserves the right to determine which infrastructure it will accept
as CITY responsibility and which will remain the responsibility of COMPANY.
13.f
Packet Pg. 152 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
4. Responsibilities of CITY – Upon final acceptance of said infrastructure and
improvements, CITY shall be responsible for operation and maintenance of the accepted water
and sewer infrastructure and the provision of water and wastewater service to the Area duly
annexed and served by such infrastructure.
5. Interim Water and Sewer Service Provision –
a. Interim Hook-Up - COMPANY represents that it has received written
confirmation of support for annexation from property owners within its service
area that represent more than 50% of the assessed value of the land within the
proposed annexation boundary. As such, COMPANY anticipates the successful
completion of Annexation. CITY and COMPANY agree that due to the time
required to complete the Annexation process, including the design and
construction of needed improvements to the infrastructure for final acceptance by
CITY, it is necessary to connect infrastructure owned and operated by
COMPANY to City’s system for interim water and sewer service to properties
served by COMPANY while the annexation process and infrastructure
improvements are being completed (the “Interim Service Period”). Prior to
providing interim sewer service, the COMPANY must demonstrate to the
satisfaction of the City’s Utilities Director, separation of the east and west side
wastewater flow. Prior to providing such interim water and sewer service
however, CITY shall, at COMPANY’s sole expense, submit an application with
LAFCO pursuant to Government Code Section 56133 to provide new services
outside its jurisdictional boundaries. CITY and COMPANY understand and agree
that approval for such extraterritorial service is within the discretion of LAFCO.
COMPANY further acknowledges and agrees that CITY’s obligation to provide
interim water or sewer service is subject to amendment of Chapter 13.16 of the
CITY’s Municipal Code in order to allow water and sewer service outside of the
City’s limits. Should LAFCO deny such application or should CITY’s Municipal
Code not be so amended, CITY shall have no obligation whatsoever to provide
COMPANY with water or sewer service prior to Annexation. During the Interim
Service Period, COMPANY shall continue to provide its customers with water
and sewer service and shall retain full and absolute responsibility for operations,
maintenance and repair of all facilities up to the point of connection of
COMPANY facilities to CITY’s system. Connection to the CITY’s water and
sewer systems will require approval of final connection plans by the CITY’s
Utilities and Public Works Directors. All discharges into the City’s sewer system
shall comply with all CITY regulations; the CITY reserves the right to prohibit
any discharge into the CITY’s sewer system from COMPANY’s service area
during the Interim Service Period.
b. Prior to interim hook-up, COMPANY shall provide CITY with written
confirmation from the Central Coast Regional Water Quality Control Board
(“RWQCB”) that East Airport, also known as the Morabito-Burke and Senn-
Glick commercial developments, can either relocate the existing wastewater
13.f
Packet Pg. 153 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
treatment facility operated by the COMPANY or install a new wastewater
treatment facility on their premises. At a minimum, the written confirmation must
specifically reference the Fiero Lane Water Company, Wastewater Discharge and
Water Recycling Requirements Order NO. R3-2004-0154, Morabito-Burke and
Senn-Glick commercial developments or East Airport, permission to relocate and
site the Fiero Lane Water Company treatment facility or site a new wastewater
treatment facility at Morabito-Burke and Senn-Glick commercial developments,
and be signed by the RWQCB’s Executive Officer or his designee. In addition, if
the facility is not relocated prior to Annexation, the COMPANY shall also
provide to City written confirmation and documentation as required by CITY that
COMPANY is technically and financially capable of the relocation of the facility
to the location and in accordance with the RWQB’s requirements. Financial
documentation can include a bond, letter or guarantee or other documentation
acceptable to CITY.
c. During the Interim Service Period, the CITY will be designing and constructing a
replacement for the existing sewer gravity main in Fiero Lane and the Airport
sewer pump station that will serve the Area. The CITY will work with
COMPANY to identify locations for these replacement facilities and COMPANY
agrees to grant easements to the CITY for both the pump station and gravity main
in the location to be determined later as otherwise reasonably required by CITY.
d. Payment for Service - COMPANY shall be responsible for paying any and all
rates and fees associated with the provision of water or sewer service during the
Interim Service Period as described in this Section until transfer of COMPANY
sewer and water infrastructure to CITY is complete and CITY service to
individual properties served by COMPANY is established.
i. Upon connection of COMPANY to CITY water service and cessation of
COMPANY (well) water service to the properties listed in Exhibit 1,
COMPANY shall be billed for wastewater service based upon metered
water use consistent with CITY practices for billing non-residential
customers in the City.
ii. During the Interim Service Period, water service rates shall be at normal
rates in effect at the time of service unless the COMPANY is not in
compliance with the Schedule (defined below) or is otherwise in default of
any term or condition of this MOA, in which case such rates shall be two
times the normal rate in effect at the time of service or as determined by
the CITY’s Director of Utilities.
iii. During the Interim Service Period, sewer service rates shall be at normal
rates in effect at the time of service unless the COMPANY is not in
compliance with the Schedule or is otherwise in default of any term or
condition of this MOA, in which case such rates shall be two times the
13.f
Packet Pg. 154 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
normal rate in effect at the time of service or as determined by the CITY’s
Director of Utilities.
6. Improvement and Performance Bond – Prior to COMPANY connecting to
CITY for interim water and sewer service as set forth in Section 5.a above, COMPANY shall, at
COMPANY’s sole expense, obtain improvement bonds or other similar assurances in favor of
CITY guaranteeing the costs and expenses for the following:
a. The processing of the Annexation application; and
b. The removal of the water and sewer improvements for interim water and sewer
service and restoration of the affected area.
The amount of each of the bonds shall be determined by the CITY’s Director of Utilities, in his
or her sole and absolute discretion. The CITY reserves the right to increase the amount of such
bonds in the event the anticipated costs and expenses to perform the work guaranteed by such
bond are greater than the amount so bonded.
7. Water, Wastewater, and Recycled Water Development Impact Fees –
a. Water and Wastewater Development Impact Fees. Subject to the terms and
conditions herein, COMPANY shall pay the water and sewer development impact
fees in place as of the Effective Date and the fees identified for the City’s
replacement of the Airport sewer pump station to serve the Area, which are more
particularly described in Exhibit “3 & 4” attached hereto and incorporated herein.
These fees may be financed by CITY through land based financing or other
equivalent means under terms outlined and negotiated during the financing of said
impact fees. The impact fee payment(s) shall be paid at time of Annexation.
b. Recycled Water Development Impact Fee. Subject to the terms and conditions
herein, at the time of Annexation, COMPANY shall pay CITY a recycled water
development impact fee, the amount of which shall the lesser of:
i. The recycled water portion of the water impact fee at the time of
Annexation based on an analysis of the equitable portion of the recycled
water improvements assigned to the proposed Annexation Area, but not to
exceed $80,000; or
ii. The cost of installation, as determined by CITY’s Engineer, at the time of
Annexation for a 10 inch ductile iron recycled water line fronting 4211
Broad, 850 Fiero Lane, and 845 Fiero, in Broad Street (approximately 830
feet).
8. Existing and Future Development. Upon annexation, the PROPERTY may be
further developed consistent with CITY policies, rules and regulations including, but not limited
13.f
Packet Pg. 155 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
to, the General Plan, the Airport Area Specific Plan (AASP), and oth er provisions of the
Municipal Code and state law.
a. Non-Conforming Uses. COMPANY recognizes that certain existing uses within
the Area are not permitted or may be conditionally permitted under CITY’s
zoning regulations and land use policies and that such non-conforming uses are
entitled to remain and continue pursuant to CITY's non-conforming land use
regulations. Non-conforming uses existing as of the date of Annexation shall be
allowed to relocate within the same parcel as of the date of Annexation CITY will
endeavor to integrate such non-conforming uses into, and to provide for such uses
within the Area in the next revision of the CITY's zoning regulations and Airport
Area Specific Plan (“AASP”).
b. Expansion of Existing Uses. Nothing herein is intended to limit the addition or
expansion of otherwise conditionally allowable uses, consistent with existing City
procedures for review and approval of such additions and/or expansions.
c. Non-Conforming Structures. CITY recognizes that certain structures within the
Area lawfully existing as of the date of Annexation are legal non-conforming
structures and may remain pursuant to CITY’s non-conforming structure
regulations. CITY acknowledges that such regulations allow the right to maintain
and make reasonable repairs to such structures and to replace the structures
consistent with CITY regulations. Changes to structural elements (with the proper
CITY permit), interior partitions or other nonstructural improvements and repair
may be made to any of the structure.
9. Term and Termination of Agreement - This MOA shall become effective as of
the Effective Date and shall remain in effect until the Area is annexed and the water and sewer
infrastructure are accepted by CITY pursuant to Section 3 above, unless sooner terminated as
provided herein. CITY and COMPANY acknowledge and agree that the Annexation Task List
and Schedule (the “Schedule”) attached hereto as Exhibit “5” and incorporated herein by this
reference, represents a fair and reasonable schedule for performance of the Annexation and other
tasks and obligations as contemplated herein. This MOA may be terminated by either party upon
the other party’s failure to substantially comply with the benchmarks set forth in the Schedule
provided that, prior to such termination, the party seeking to terminate provides written notice of
such failure to comply and a reasonable opportunity to cure such failure. CITY and COMPANY
acknowledge and agree that the Schedule shall be adjusted to account for delays which are out of
the reasonable control of either CITY or COMPANY. CITY and COMPANY agree that time is
of the essence in completing the work identified in Exhibit 5 of this MOA. COMPANY and
CITY agree that all upgrades to the water and sewer infrastructure and right of way as des cribed
in Section 3 above shall be completed to CITY’s satisfaction prior to Annexation of the Area into
CITY’s municipal boundaries. This MOA may be terminated by CITY without prior notice in
the event of bankruptcy or insolvency of COMPANY. This MOA may also be terminated by
CITY upon successful protest of the Annexation.
13.f
Packet Pg. 156 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
10. Liability and Indemnification –
a. Release of Liability – COMPANY acknowledges and agrees that CITY is not, and
shall not be, in any way liable for any damages or injuries that may be sustained
as the result of the CITY’s performance of this MOA.
b. Indemnification - To the fullest extent provided by law, COMPANY shall
indemnify, defend (with counsel reasonably acceptable to CITY) and hold
harmless CITY, its officials, employees, agents and contractors from and against
any and all liability, costs, expenses (including attorney’s fees), demands,
lawsuits, arising from or related this MOA, CITY’s provision of water or sewer
service to COMPANY and COMPANY’s customers during the Interim Service
Period or the annexation of COMPANY’s the Area to CITY. Notwithstanding the
foregoing, COMPANY shall have no duty to indemnify or defend CITY for the
proven gross negligence or willful misconduct of CITY.
11. Insurance - During the term of this MOA, COMPANY shall have in full force
and effect a commercial general liability insurance policy covering personal injury and property
damage in the minimum coverage amounts of $1,000,000 per occurrence. City shall be named an
additional insured under said policy.
12. Successors, Heirs and Assigns - This MOA shall bind and inure to the benefit of
the heirs, successors, assigns and personal representatives of the PARTIES. This MOA may not
be assigned without the prior written approval of the PARTIES.
13. Amendment and Modification - This MOA may be amended, extended, or
canceled at any time by mutual consent of the PARTIES or their successors in interest.
14. Notices – Unless otherwise specified herein, any notice which any party may or is
required to give shall be given by personal service or by depositing such notice with the U.S.
Postal Service, postage pre-paid, to the mailing address given below, or at such other place as
may be designated by the party in writing from time to time. Notice shall be effective upon the
date of personal delivery or 3 days after date of mailing.
If to City: City of San Luis Obispo
Attn: Community Development Director
919 Palm Street
San Luis Obispo, CA 93401
With copy to: City of San Luis Obispo
Attn: City Attorney
990 Palm Street
San Luis Obispo, CA 93401
If to COMPANY: Fiero Lane Water Company
[address]
13.f
Packet Pg. 157 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
15. Implied Obligations – COMPANY and CITY shall reasonably cooperate to
achieve the purposes of this MOA, and shall execute or provide as requested such other
documents and information as are reasonably necessary to achieve those purposes.
16. Construction – When the context of any provision requires it, the singular shall
be held to include the plural, and the masculine shall be held to include the feminine gender.
Should any provisions of this MOA require judicial interpretation, it is understood by the
PARTIES and agreed that a court interpreting or construing same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that the document is to be constructed more strictly against the party who prepared
it sine the parties agree that both have participated in the preparation of this document with the
assistance of counsel.
17. Authority to Sign and Binding Effect - The parties executing this MOA
personally warrant that they have the full authority to enter into this MOA on behalf of the
agency or entity for which they are signing, and that said agency or entity will be legally bound
to the MOA by their signature hereto.
18. Counterparts – This MOA may be executed in counterparts.
IN WITNESS WHEREOF, this Memorandum of Agreement is executed on the date
above stated, at San Luis Obispo, California.
CITY OF SAN LUIS OBISPO
By: __________________________________
Jan Marx, Mayor
ATTEST
By: __________________________________
Jon Ansolabehere, Interim City Clerk
APPROVED AS TO FORM
By: __________________________________
J. Christine Dietrick, City Attorney
FIERO LANE WATER COMPANY
By: __________________________________
Its:
13.f
Packet Pg. 158 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
13.f
Packet Pg. 159 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
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Packet Pg. 160 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
APN APN APN APN
076-411-054 076-413-035 076-414-023 076-414-047
076-415-007 076-413-027 076-414-021 076-414-052
076-415-006 076-413-011 076-414-007 076-414-045
076-415-012 076-413-002 076-414-039 076-414-030
076-415-013 076-413-016 076-400-010 076-414-049
076-415-015 076-413-037 076-413-023 076-414-029
076-415-009 076-414-032 076-413-009 076-400-004
076-415-014 076-413-026 076-413-013 076-414-031
076-414-009 076-413-024 076-413-003 076-414-051
076-412-001 076-413-034 076-413-019 076-414-050
076-414-016 076-400-007 076-400-005 076-415-005
076-414-012 076-400-006 076-413-020 076-415-008
076-414-013 076-413-018 076-414-041 076-412-007
076-414-014 076-413-022 076-414-037 076-412-002
076-414-011 076-413-032 076-414-038 076-412-008
076-414-015 076-413-005 076-414-042 076-411-039
076-412-009 076-413-007 076-414-043 076-415-010
076-414-010 076-413-006 076-414-036 076-415-011
076-415-016 076-413-008 076-414-034 076-400-013
076-414-006 076-413-015 076-414-033 076-401-043
076-400-014 076-400-011 076-414-025 076-401-032
076-414-022 076-413-031 076-414-026 076-401-065
076-414-019 076-413-030 076-414-054 076-411-055
076-413-010 076-400-012 076-414-027 076-415-003
076-414-017 076-400-003 076-414-053 076-415-004
076-414-008 076-413-028 076-414-028 076-415-001
076-414-003 076-413-012 076-413-033 076-415-002
076-412-003 076-413-021 076-414-024 076-401-064
076-413-004 076-413-001 076-414-001 076-414-055
076-414-004 076-414-018 076-414-044 076-413-038
076-413-029 076-414-020 076-414-040 076-400-001
076-413-017 076-413-036 076-414-035 076-415-017
076-413-014 076-414-005 076-414-048
076-413-025 076-414-002 076-414-046
Properties Served by FLWC (West Side of Broad Street)
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Packet Pg. 161 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
APN
076-511-040
076-512-008
076-512-030
076-511-025
076-512-024
076-512-033
076-512-023
076-512-022
076-512-004
076-512-025
076-512-026
076-512-001
076-512-002
076-512-003
076-512-006
076-512-005
076-512-009
076-512-017
076-512-028
076-512-015
076-512-011
076-512-010
076-512-012
076-512-007
076-512-029
076-512-032
076-512-031
076-511-038
076-512-034
076-511-039
076-511-041
076-512-035
076-512-036
Properties Served by FLWC (West Side of Broad Street)
13.f
Packet Pg. 162 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
CLARIO N CT
AERO VISTA LNF IE R O L N BROAD
S
T
SANTA FE RD6.83
2.29
2.13
2.3
2.2
1
2.03
2.4 2.43
1.77
1.28
1.27
1.23
0.8
0.950.88
0.62
0.4 0.54
0.48 0.46
0.30.35 0.33
0.32
0.29
0.23 0.23 0.220.22
Fiero Lane Proposed Annexation
Prop osed An nexationBoundary
Sa n L uis Obisp oCity Limits
Pa rce l Bou ndary
612 CLAR ION COURTSAN L UIS OBISPO, CA 9 340 1805 54 4-4 011 www.wallacegroup.us
CIVIL ENGINEER INGCONSTRUCTION MANAGEMENTLANDSCAPE A RCHIT ECTUREMECHANICAL ENGINEERINGPLANNINGPUBLIC WORKS ADMINISTRATIONSURVEYING/GIS SOLUTIONSWATER RESOURCESWALLACE SWANSON INT ERNATIONAL
0 2,0 00 4,0 00 Feet
0 0.5 10.25 Miles
1 inch = 3,000 feet
Z
1.50 (Acreage)
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Packet Pg. 163 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
Department Description Amount CommentsAdministration Economic Impact of Annexation Study 7,500$ CDD Annexation ‐ City process 21,447$ CDD S‐Overlay‐$ included in annexation CDD master use permit 3,250$ CDD CEQA2,556$ Assumes MNDApplicant Fish& Game Fees 2,260$ Applicant Lafco Annexation Fees 10,000$ Util Lafco Oustide services agreement 3,500$ ApplicantState Board of Equalization fees ‐ record annexation 1,200$ based on assumption of less than 51 acresPW Encroachment Permit TBDPW ROW improvementsTBDPW Upgrades required for Fire TBDUtil Water (Citywide; 64.6 EDUs @ $10,775/EDU): 696,065$ EstimateUtil Landscape metersWaiting on details from applicantUtil Sewer (Citywide; 64.6 EDUs @ $3,729/EDU): 234,498$ EstimateUtil Sewer (Tank Farm 64.6 EDUs @ $3,630/EDU): 240,893$ EstimateUtil Sewer (Airport 64.6 EDUs @ $2,710.54/EDU): 176,101$ Estimate (not approved by Council yet)Util Required upgrade costs for interim connection WIP target is December 23rdUtil Required upgrade costs for annexation WIP target is December 23rdUtil Recycled Water Line 200,000$ Rough estimate for guidance, will likley change City Attorney's Office Legal Review Fees 45,000$ Rough estimate for guidanceFinance CFD/Landbased financing fees 125,000$ Rough estimate for guidanceTotal1,769,270$ * 3/4" meter ‐ 1 EDU = $10,775* 1" meter = 1.7 EDU = $18,317 * 1 1/2" meter = 3.4 EDU= $36,633 ** 3/4" meter = 1.0 EDU = $7,359 + Airport Lift Station add on fee of approximately $2,500/EDU ** 1" meter = 1.7 EDU = $12,510 + Airport Lift Station add on fee of approximately $2,500/EDU ** 1 1/2" meter = 3.4 EDU= $24,655+ Airport Lift Station add on fee of approximately $2,500/EDU ****Included in annexation cost as part of pre‐zoning13.f
Packet Pg. 164 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
Required Infrastructure Improvements
Fiero Lane Water Company (FLWC) will perform a water and wastewater systems engineering
analysis and design to bring their facilities to CITY standards prior to CITY acceptance of those
facilities for CITY maintenance and operation. FLWC intends to complete the analysis prior to
annexation, so that costs can be established. Required, documents, submittals and improvements
identified to date are shown below. Additional documents, submittals, improvements or
modifications to the list of improvements may be required following completion of the analysis
and design and concurrence of the C ITY and FLWC. The CITY reserves the right to determine
which infrastructure it will accept as CITY responsibility and which will remain the
responsibility of others. FLWC will be responsible for funding, design and construction of the
required improvements.
1. General Water and Wastewater: Map of the entire FLWC service area including
parcels and owners and size of buildings. Map shall include all infrastructure
servicing the Morabito Burke service area.
2. Annual and monthly records of water pumping, distribution and consumption and
wastewater generation, treatment and disposal.
3. All permits, records, agreements and reports required by regulatory agencies for
water and wastewater such as but not limited to; Regional Water Quality Control
Board, State Water Resources Control Board, EPA, County of San Luis Obispo,
California Department of Health.
4. All letters, reports and correspondence to regulatory agencies including but not
limited to; Notice of Violation(s), violation(s), fines and penalties, settlement
agreements, inspections, Notice of Intent, application for waste discharge.
5. All records of water and wastewater infrastructure installation.
6. All records of water and wastewater maintenance and capital replacement.
7. All water meter reads for the last 3 years.
8. Monthly water and wastewater service rates.
9. Map of all infrastructure, included but not limited to water mains, valves, water
meters, water boxes, fire hydrants, air vacs, service laterals, gravity sewers, manholes,
laterals.
10. List and map of record easements.
11. Draft schedule for all submittals and construction improvements prior to annexation.
Potable Water:
1. Record easements for CITY facilities on private property.
2. Pressure and leak test existing water mains that will become CITY facilities (Fiero Lane
only).
3. Public and private water mains shall be sized to meet fire flow requirements.
4. Decommission and dismantle of groundwater collection, treatment, and pumping
facilities.
5. Replace fire hydrants with CITY standard hydrants.
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Packet Pg. 165 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
6. Replace all water meters. Meters shall be properly sized, accurate and meet City
standards.
7. Water Services shall be upgraded to current City standard.
8. Backflow preventers shall be installed where recommended by County Cross Connection
Inspector.
9. Isolation valves shall be installed.
Wastewater:
1. Work with the CITY and County Airport to facilitate the CITY takeover of that portion
of the Airport gravity sewer line in Fiero Lane.
2. Replace or rehabilitate failing portion of the Airport gravity sewer line – Manhole M17-
15 to M17-8.
3. Fiero Lane System – Manhole M17-18 – cut open pipe to expose invert and access flow.
Manhole M17-18 to M17-19 – correct grade defects.
4. Tie over eight (8) sewer laterals on Fiero Lane to the Airport gravity sewer line or new
City gravity main in Fiero Lane, if available. Any necessary repairs to private laterals
shall be made by FLWC prior to tie over.
5. Abandon existing FLWC gravity main once laterals are tied over to deeper airport gravity
line.
6. The wastewater treatment system will be decommissioned, removed and left for
COMPANY to salvage or dispose in accordance with state standards.
7. Temporary and permanent easements shall be granted to the City for replacement of the
existing gravity main in Fiero Lane and the existing Airport sewer pump station. This
may include the site of the existing FLWC wastewater treatment system site, or another
suitable site.
8. The leach fields behind Clarion Court will be abandoned in accordance with applicable
code after all Clarion properties are connected to the City wastewater collection system
via private gravity or private force main connections.
Storm Drainage Infrastructure:
The existing stormdrain within the existing County right-of-way is owned and maintained
by the County. The Company shall coordinate with the County to arrange for the
inspection and cleaning of the stormdrain system. In the event the County is unwilling to
perform the work prior to annexation, the City and Company shall work cooperatively to
arrange for an alternative means of cleaning with concurrence and permission from the
County.
Street Infrastructure:
1. The COMPANY will construct improvements and upgrades to Fiero Lane so as to bring
the street infrastructure into a “state of good repair”. For purposes of this requirement, the
definition of state of good repair includes:
a. Upgrading traffic control signs and markings to meet current federal, State
and City standards; and
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Packet Pg. 166 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
b. Upgrade street crossings to meet Federal and City ADA ramp and crossing
standards
c. Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements.
d. Remove and replace any damaged sections of sidewalk.
2. It is the intent of the agreement that Old Santa Fe Road south of the City/County
boundary line, located immediately south of the Santa Fe Bridge, will remain under
County jurisdiction after annexation of properties on Clarion Court. If as part of the
LAFCO process, the City is required to take all, or part, of Old Santa Fe Road under City
jurisdiction, the following requirements shall be required. The COMPANY will construct
improvements and upgrades to Old Santa Fe Road, that is to be annexed to the City, so as
to bring the street infrastructure into a “state of good repair”. For purposes of this
requirement, the definition of state of good repair includes:
a. Upgrading traffic control signs and markings t o meet current federal, State
and City standards; and
b. Upgrade street crossings at Clarion Court and the mini storage property to
meet Federal and City ADA ramp and crossing standards
c. Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements.
The limits of required improvements begin at the south side of the existing bridge across the East
Fork of San Luis Creek and terminate at the cul-de-sac fronting the mini storage property. No
improvements to the bridge are proposed.
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Packet Pg. 167 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
Annexation Task List and Schedule
Fiero Lane Water Company
revised 11‐24‐2015
Task No. Description Completion Date Comments
1 Finalize Draft MOA ‐ staff level 10/16/2015
2 FLWC to organize written majority support for annexation Complete
Majority support to include greater than 50% of total assessed value of
western service area
3 FLWC Board approves and executes MOA TBD
4 FLWC Submits Application for Annexation Complete
6 City Council Hearing #1 (council approves and executes MOA,starting
annextaion and ok's pursuing Land based financing)12/1/2015
7
LAFCO application submittal #1
Applicant (City) petitions LAFCO for approval of interim water and
wastewater service
December Take council reso to lafco. Lafco authorizes MOA (Interim service
agreement)
8 SLO County approves use of gravity sewer main in Fiero Lane 1/1/2016
9
FLWC provides City written confirmation from RWQCB that East Airport can
either relocate the existing wastewater treatment facility operated by the
COMPANY or install a new wastewater treatment facility on their premises.
Complete
10 FLWC prepares plans and bonding estimate for interim service connection 1/1/2016
11 FLWC posts bond or cash equivalent for removal of interim service
connection, and initiates construction 1/15/2016
12 City approves interim service plans (assuming 1 round of comments) 1/15/2016
13 LAFCO Review Hearing #1 February/March 2016 2 to 3 month timeline from application submittal to hearing
15 Interim water and sewer service begins on or before 4/1/2016
14
Applicant Annexation Submittal to City
(applicant provides all materials needed by application checklist and
reviewing departments including maped infrastructure and a model
showing performance of proposed system once hooked up to City service)
7/1/2016
16 FLWC prepares Engineering Study for water and sewer infrastructure, which
forms the basis of the Assessment Engineer's Report 7/1/2016 Study includes lot by lot analysis of meter size for impact fees. City will
provide input on restoration of Fiero Lane pavement.
17 PC Review Hearing #2 (Annexation) September 2016 Date dependent on applicant submittal of complete application
materials
18 City approves Engineering Study (assuming 2 rounds of comments) 9/30/2016
19 City Council #2 (Council approves and executes LAFCO Annexation, Service
Authorization, Addendum November 2016 Date dependent on applicant submittal of complete application
materials and PC recommendation
20 LAFCO application submittal #2
Applicant (City) formally petitions LAFCO for approval of annexation 12/1/2016 4 to 6 month timeline from application submittal to hearing
21 FLWC prepares Assessment Engineer's Report for impact fees and
infrastructure upgrades 12/1/2016
23 LAFCO Review Hearing #2 4/1/17
24 If necessary, City prepares and approves master Use Permit or other
method to address existing uses 4/1/2017
25 City completes Proposition 218 process and creates assessment or financing
district 4/1/2017
26 Financing District funds become available 7/1/2017
27 FLWC prepares construction plans and specifications for infrastructure
improvements 10/1/2017
28 City reviews and approves plans (assuming 2 rounds of comments) 1/15/2018
29 Construction of water and sewer improvements is completed, along with
items referenced in MOA Section 3d.7/1/2019
30 City accepts constructed improvements and sets new meters. 9/1/2019
22 FLWC provides City parcel for construction of new lift station and easement
for new gravity main in Fiero Lane.9/1/2019 Replacement of the City's Airport Lift Station was identified in 2015‐17
Financial Plan, Capital Improvement Plan.
31 If necessary, FLWC relocates wastewater treatment plant to East Airport
area 12/1/2019
32 Annexation completed and impact fees paid 1/1/2020
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Packet Pg. 168 Attachment: f - Memorandum of Agreement (1187 : Fiero Lane/Clarion Court Annexation)
MEMORANDUM
Fiero Lane Water Company
Date: September 14, 2015
To: Lee Johnson, Economic Development Manager
From: Rob Miller, General Manager
Subject: Interim Connection to City Water and Sewer Services
Section 5 of the Memorandum of Agreement (MOA) between the City and the Fiero
Lane Water Company (FLWC) provides for interim water and sewer service prior to
the completion of annexation. This provision was one of the most important points to
the diverse business owners located in our service area, and it was instrumental in
securing a written majority of support. The key considerations that elevated interim
service to a key deal point included the following:
1. Reliability of water supply: The FLWC water supply for its western service
area consists of three wells with an average depth of 100 feet. While the wells
have maintained adequate supply to date, the severe drought and the
potential for climate change point to a need for a more reliable, redundant
supply. In economic terms, over 50 businesses within the proposed
annexation area rely on these three wells. These entities employ
approximately 1,000 people (see attached partial listing).
2. Resources required for annexation: The time, complexity, and administrative
cost of annexation have been a historical barrier to securing owner support.
With interim water and sewer service, the time and financial resources
allocated to operating a private water and sewer entity with poor source water
quality can be refocused on the many details and commitments required in the
annexation process. The use of standard City rates is a key point to ensure
the success of the process.
3. Water quality: The source water quality of FLWC wells is generally high in
both nitrate and salts. As a result, the water requires continuous and costly
treatment for nitrate removal, and the treated wastewater is an on-going
challenge with respect to salt concentration. Given that the trend is toward
poorer well water quality, FLWC will be required to invest significant capital in
the near future to ensure adequate quality. If such an investment is made, it
becomes a substantial disincentive for the property owners to annex. An
interim City connection effectively addresses this issue and allows annexation
to move forward without complication.
Please let me know if you have any questions, or if you need more information.
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Packet Pg. 169 Attachment: g - Interim Service Letter (1187 : Fiero Lane/Clarion Court Annexation)
Mr. Lee Johnson
September 14, 2015
Page 2 of 2
Partial Listing of Existing Businesses:
Apria Health Care
Beautiful Feet Books
Brushworks
C & C Aerial Mapping
Community Action Partnership
Computec Computer Services
Cryolab, Inc. (SAES)
Crystal Engineering
DAHN CORP
Digital Foundation
Etna Interactive
Federal Express
Floyd Mize Drywall, Inc
Fugro
Gander Publishing
InfoGard Laboratories
J.B. Dewer
JB Enterprises
Ketch-All Company
Kraftwerk Design
Lampman & Associates
Left Coast T-Shirt Co.
Lindamood-Bell Learning Processes
Marling Peterson CPA
Pacific Pulmonary Services
B&B Body Shop
Paul S. Shaner, Contractor
Performance Apparel, Inc.
Pharma Rx
Platzer Cabinets
Pristine Home Services Inc
Quaglino Properties, Quaglino Roofing
RE Properties
San Luis Obispo Condiment Co
Science Kit
Snider Precision Inc.
Specialty Construction
Straight Down Clothing Co.
Sun Run
Tap It Brewing
Taylor & Syfan
Tech Xpress
The Berry Man
The Bottle Meister
The Sign Place
Ultrex
Wallace Group
XK's Unlimited
13.g
Packet Pg. 170 Attachment: g - Interim Service Letter (1187 : Fiero Lane/Clarion Court Annexation)
City of San Luis Obispo
Fiero Lane Annexation
Addendum to the Final Program Environmental Impact Report for the
Airport Area and Margarita Area Specific Plans and
Related Facilities Master Plans
SCH #2000051062
CITY OF SAN LUIS OBISPO
COMMUNITY DEVELOPMENT DEPARTMENT
919 PALM STREET
SAN LUIS OBISPO, CA 93401
November 9, 2015
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Packet Pg. 171 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
13.h
Packet Pg. 172 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
ADDENDUM TO THE EIR
FOR THE
AIRPORT AREA AND MARGARITA AREA SPECIFIC PLANS AND
RELATED FACILITIES MASTER PLANS
SCH #2000051062
Prepared for:
CITY OF SAN LUIS OBISPO
COMMUNITY DEVELOPMENT DEPARTMENT
919 PALM STREET
SAN LUIS OBISPO, CA 93401
Prepared by:
November 9, 2015
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Packet Pg. 173 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
13.h
Packet Pg. 174 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
TABLE OF CONTENTS
City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
i
INTRODUCTION
1.0 Introduction
1.1 Introduction ...................................................................................................................... 1.0-1
1.2 Organization and Scope ............................................................................................... 1.0-1
ENVIRONMENTAL ANALYSIS
2.0 Project Description
2.1 Proposed Fiero Lane Annexation ................................................................................ 2.0-1
2.2 California Drought Conditions ...................................................................................... 2.0-3
3.0 Environmental Analysis
3.1 Basis for Decision to Prepare Addendum .................................................................. 3.0-1
3.2 Discussion of Findings ..................................................................................................... 3.0-3
3.3 Proposed Project Impacts ............................................................................................ 3.0-4
REFERENCES ................................................................................................................................................. 3.0-8
LIST OF TABLES
Table 3.0-1 General Plan Impacts/Fiero Lane Annexation Impact Determination ..................... 3.0-5
LIST OF FIGURES
Figure 1 Project Location ......................................................................................................................... 2.0-7
Figure 2 Project Site ................................................................................................................................... 2.0-9
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Packet Pg. 176 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
INTRODUCTION
City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
1.0-1
1.0 INTRODUCTION
1.1 INTRODUCTION
This Addendum was prepared in accordance with the California Environmental Quality Act
(CEQA) and the CEQA Guidelines (Article 11, Sections 15162 and 15164). The City of San Luis
Obispo adopted the Airport Area Specific Plan (AASP), the Margarita Area Specific Plan (MASP)
and certified the Airport Area and Margarita Area Specific Plans and Related Facilities Master
Plans Environmental Impact Report (AASP/MSAP EIR) (SCH No. 2000051062) on August 23, 2005.
The AASP was then comprehensively amended on September 2, 2014 in response to the
Chevron Remediation and Development project.
At the time of the EIR certification, the state was not under drought conditions and the EIR’s
water supply analysis was evaluated based on normal precipitation. However since that time,
the state is in the throws of an ongoing drought. In light of this, the City determined that although
the proposed Fiero Lane Annexation area was included and evaluated for environmental
impacts in the 2005 EIR, the changing water supply conditions required a re-evaluation of
impact determinations in the 2005 EIR. Thus, this addendum to the Airport Area and Margarita
Area Specific Plans and Related Facilities Master Plans EIR has been prepared to analyze the new
water conservation requirements.
The analysis provided in this Addendum (see Section 3.0 for the technical analysis) provides
substantial evidence supporting the City’s determination that the proposed project does not
meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines
Section 15162 and is consistent with the provisions of CEQA Guidelines Section s 15164 and
15183.5.
1.2 ORGANIZATION AND SCOPE
Section 1.0 – Introduction
Section 1.0 provides an introduction and overview describing the intended use of the EIR
Addendum.
Section 2.0 – Project Description
This section provides a detailed description of the proposed Fiero Lane Annexation project.
Section 3.0 – Environmental Analysis
Section 3.0 provides substantial evidence to support the conclusion that none of the
circumstances set forth in CEQA Guidelines Section 15162 would result from adoption of the
proposed project. CEQA Guidelines Section 15162 and the Addendum’s consistency with these
guidelines are addressed.
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Packet Pg. 177 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
INTRODUCTION
City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
1.0-2
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Packet Pg. 178 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
ENVIRONMENTAL ANALYSIS
Fiero Lane Annexation City of San Luis Obispo
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
2.0-1
2.0 PROJECT DESCRIPTION
2.1 PROPOSED FIERO LANE ANNEXATION
The project proposes the provision of interim water and sewer service and then annexation of
approximately 40 acres of property in the Airport Area Specific Plan referred to as “Fiero Lane”.
See Figures 1 and 2. This area was analyzed for environmental impact in the 2005 Airport Area
and Margarita Area Specific Plans and Related Facilities Master Plans EIR. The property is within
the City’s urban reserve line and is bounded by property in the incorporated city on three sides.
The area currently has potable water, wastewater collection and wastewater treatment service
provided by the Fiero Lane Water Company (FLWC). The project is proposed to occur in two
phases as detailed below. The physical changes contemplated are limited to connections and
improvements to existing infrastructure, and no specific additional development is proposed.
Phase 1 (Following Initiation/approval of Memorandum of Agreement):
This phase will include an interim hookup to City water and sewer facilities after initial Council
and LAFCO authorization. The physical changes will be limited to the following:
Disconnection from the FLWC Wastewater Treatment Plant (WWTP).
Sewer system connection for the proposed annexation area, including approximately 30
feet of temporary sewer force main construction in existing disturbed street areas.
Potable water system connection for the proposed annexation area at a single point,
including minor temporary pipeline construction in existing disturbed areas.
Phase 2: (Annexation Proposal)
During this phase, City and FLWC staff will define the detailed improvements required for
permanent connections to City systems. Zoning and use consistency will also be addressed
during this phase. In order to forecast the issues and context for detailed zoning and use
discussions. During Phase 2, improvements are expected to be limited to existing disturbed areas
and may include rehabilitation of existing deteriorated asphalt concrete in Fiero Lane. A general
listing of anticipated improvements is as follows:
Decommissioning of the existing WWTP, including relocation of required plant equipment
to the East Airport development
Installation of new water meters
Installation of recycled water main on Broad Street
Reconfiguration of sewer laterals along Fiero Lane to connect to the existing airport
gravity sewer
Pavement rehabilitation and sidewalk repairs within Fiero Lane
Other improvements as contemplated in the draft Memorandum of Agreement
between the City and FLWC
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Packet Pg. 179 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
ENVIRONMENTAL ANALYSIS
City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
2.0-2
Uses/Current Development to be served:
Existing development includes approximately 500,123.5 sq. ft. of structures accommodating light
manufacturing, service commercial, and office uses. No new development is proposed as a
part of the Fiero Lane Annexation project.
Wastewater:
Wastewater generation for the project site, including the 500,123.5 square feet of developed
area, is approximately 15,000 gallons per day. The Fiero Lane Annexation Area is to be served by
the Airport Lift Station and Tank Farm Lift Station. Both facilities have capacity to serve the
proposed annexation.
The AASP/MASP EIR determined that AASP/MASP would increase wastewater generation by
approximately 340,000 gallons per day (San Luis Obispo 2003, p. 3H-20). The AASP/MASP EIR
concluded that this increase resulted in a less than significant impact.
Water:
According to metering records from the FLWC, annual water demand is 8,293 units/year or 19
acre feet/year (AFY) for both indoor and outdoor landscape use. Annexation of the project by
the City would require uses in the Fiero Lane Annexation area to comply with the City’s water
conservation requirements described in Section 2.2 of this Addendum.
The AASP/MASP EIR determined that build-out of the AASP/MASP would increase water demand
by approximately 493,000 gallons per day or 552.2 AFY for the AASP and MASP (based on a per-
capita water use rate of 145 gallons per day) (San Luis Obispo 2003, p. 3H-20). The AASP/MASP
EIR concluded that this increase resulted in a less than significant impact. The current per capita
water use rate is 123.2 gallons per day based on a 10-year average (San Luis Obispo 2015, p. 8-
19).
Septic Systems:
Some parcels/uses are currently served by and will continue to use existing septic tanks.
Properties that receive access from Santa Fe Road will continue to use septic systems, with the
exception of Clarion Court and the adjoining mini storage, both of which are currently
connected to the central Fiero Lane WWTP. Properties remaining on septic tanks will be allowed
to remain on septic until the system fails or substantial additions or redevelopment of the
property is proposed. At the time of failure or substantial increase in development, those
properties will be required to connect to the sewer system.
Connections:
Connection to the gravity sewer will be at the WWTP located at the end of Fiero Lane. FLWC will
secure permission from the County for an easement to connect to the Airport gravity sewer that
flows from the WWTP to the City’s Airport Lift Station. A water meter will most likely be located on
Aerovista, out in front of the Regional Water Quality Control Board’s office building, where Fiero
Lane has an existing 2” well line to connect to. The other option is at Broad Street and Fiero Lane
if a larger connection is needed.
Required City Actions:
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ENVIRONMENTAL ANALYSIS
Fiero Lane Annexation City of San Luis Obispo
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
2.0-3
The application includes both interim service and a request for Council to authorize Fiero Lane to
apply to LAFCo for annexation. As such, the project will include the following City actions:
1. The City Council will be asked to adopt an ordinance (amendment to Municipal Code
Chapter 13.16) related to the provision of water and sewer service outside the city limits
on an interim basis prior to annexation of the Fiero area.
3. Resolution of Intention to Annex: The City Council will be asked to adopt a resolution that
authorizes both interim service (which also requires LAFCO approval) and application to
LAFCO to annex to the City;
4. Plan for services: Plan for public services is identified in the AASP and EIR.
5. LAFCO Application for Annexation: The Application for Annexation will be filed upon City
Council adoption of a resolution authorizing the application. LAFCO staff has indicated
support with the concept of phased annexation so that parts of the AASP could be
annexed without requiring the remaining areas as a whole to be annexed.
6. Property Tax Sharing Agreement: a tax sharing agreement occurs as a part of annexation
process. The City and San Luis Obispo County Memorandum of Understanding (MOU)
regarding annexations identifies that for substantially developed commercial and
industrial annexation areas, such as the proposed Fiero Lane Annexation project, the tax
exchange will be negotiated on a case-by-case basis and will be based upon the
principle of fiscal neutrality for the County.
2.2 CALIFORNIA DROUGHT CONDITIONS
Since 2012, California, as well as much of the western United States, has received less precipitation
than in years past. Water Year 2014 ended as the state's third driest water year based on 119 years
of record. In 2015, California received less rain than in any year since it became a state in 1850.
California set a new "low water" mark in early-April with a snowpack measurement at five percent
of the April 1st average. The early-April content was only 1.4 inches, or five percent of the 28-inch
average. The lowest previous reading since 1950 was 25 percent of average, so Water Year 2015 is
the driest winter in California's written record (SWRCB 2015a).
As a response to the continuing drought, California Governor Brown proclaimed a State of
Emergency on January 17, 2014 and directed state officials to take all necessary actions to make
water immediately available. On April 25, 2014, the Governor issued an executive order to speed
up actions necessary to reduce harmful effects of the drought, and he called on all Californians to
redouble their efforts to conserve water. Then on April 1, 2015, the Governor issued Executive
Order B-29-15 which includes a key provision ordering the State Water Resources Control Board to
impose restrictions to achieve a 25 percent reduction in potable urban water usage through
February 28, 2016.
In accordance with Governor Brown’s April 1, 2015 Executive Order, in May 2015, the State
Water Resources Control Board (SWRCB), the government agency that oversees water use in
California, adopted an emergency regulation requiring an immediate 25 percent reduction in
overall potable urban water use statewide from June 2015 through February 2016, as compared
to the amount used from those same sources for the same months in 2013 (SWRCB 2015b). To
reduce water use by 25 percent statewide, the SWRCB adopted regulations placing each urban
water supplier into one of nine tiers which are assigned a conservation standard, ranging
between four percent and 36 percent. Those standards include the following:
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City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
2.0-4
The conservation savings for all urban water suppliers (serving more than 3,000
connections) are allocated across nine tiers of increasing levels of residential gallons per
capita per day (R-GPCD) water use to reduce water use by 25 percent statewide and
will take effect on June 1, 2015.
Smaller water suppliers (serving fewer than 3,000 connections) must either reduce water
use by 25 percent, or restrict outdoor irrigation to no more than two days per week. These
smaller urban suppliers, that collectively serve less than 10 percent of Californians, must
submit a report on December 15, 2015 to demonstrate compliance.
Commercial, Industrial and Institutional properties that are not served by a water supplier
(or are self-supplied, such as by a groundwater well) also must either reduce water use
by 25 percent or restrict outdoor irrigation to no more than two days per week. No
reporting is required but these properties must maintain documentation of their water use
and practices (SRWCB 2015c).
The conservation standard for the City of San Luis Obispo is 12 percent (SWRCB 2015d). In
response to the SWRCB emergency regulation, the City of San Luis Obispo City Council approved
a drought response strategy on June 2, 2015. The initial program to meet the mandated
requirements and respond to the local water conditions will:
1. Be focused on achieving voluntary compliance, as opposed to a mandatory rationing
program;
2. Rely on active enforcement of the water waste prohibitions;
3. Limit outdoor watering to two days a week and only between the hours of 7:00 p.m. and
7:00 a.m.;
4. Defer landscape planting or provide modified landscape plans for new development
that significantly reduce water demand;
5. Implement an effective and engaging public information and education program.
The following is a list of the mandatory water use prohibitions:
General
Using potable water to wash sidewalks and driveways;
Allowing runoff when irrigating with potable water
Using hoses with no shutoff nozzles to wash cars
Using potable water in decorative water features that do not recirculate the water
Landscape
Irrigating outdoors during and within 48 hours following measurable rainfall
Irrigation with potable water of ornamental turf on public street medians is prohibited
Irrigation with potable water outside of newly constructed homes and buildings not delivered by drip or
micro-spray is prohibited
Limit outdoor irrigation to two days per week (recommended)
Commercial
Restaurants are prohibited from serving water to customers unless the customer requests it
Hotels and motels must offer guests the option to not have linens and towels laundered daily, and
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Fiero Lane Annexation City of San Luis Obispo
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
2.0-5
prominently display this option in each guest room
If voluntary measures are not achieving the state-mandated water use reductions, mandatory
water rationing as outlined in the City’s 2010 Urban Water Management Plan, Section 8: Water
Shortage Contingency Plan may be implemented.
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ENVIRONMENTAL ANALYSIS
Fiero Lane Annexation City of San Luis Obispo
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
3.0-1
3.0 ENVIRONMENTAL ANALYSIS
3.1 BASIS FOR DECISION TO PREPARE ADDENDUM
When an environmental impact report (EIR) has been certified for a project, Public Resources
Code Section 21166 and CEQA Guidelines Sections 15162 through 15164 set forth the criteria for
determining whether a subsequent EIR, subsequent negative declaration, addendum, or no
further documentation should be prepared in support of further agency action on the project. In
determining whether an addendum is the appropriate document to analyze the modifications
to the project and its approval, CEQA Guidelines Section 15164 (Addendum to an EIR or
Negative Declaration) states, “The lead agency or a responsible agency shall prepare an
addendum to a previously certified EIR if some changes or additions are necessary but none of
the conditions described in Section 15162 calling for preparation of a subsequent EIR have
occurred.” Under the CEQA Guidelines, a subsequent EIR or negative declaration must be
prepared if any of the following criteria are met. Text in italics is from the CEQA Guidelines, while
underlined text provides the substantial evidence supporting the City’s decision to prepare an
addendum.
(a) When an EIR has been certified or negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines,
on the basis of substantial evidence in the light of the whole record, one or more of
the following:
(1) Substantial changes are proposed in the project which will require major revisions
of the previous EIR or negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
The proposed project does not include any changes to existing land use designations that were
not analyzed in the AASP/MASP EIR, nor does the project propose any changes to existing AASP
goals and policies. The proposed project is the annexation of the Fiero Lane Annexation Area
which was a part of the AASP. Since the certification of the AASP/MASP EIR in 2005, California is
currently within a period of drought and as such, new requirements for water conservation have
been implemented by the State and the City. All existing and future uses within the Fiero Lane
Annexation area are required to comply with these regulations. Because of this requirement,
water use in the Annexation area will be less than what was used for water supply impacts in the
AASP/MASP EIR. Therefore, the Fiero Lane Annexation Area will have less impact on water supply
than what was originally determined in the AASP/MASP EIR. All other impact determinations will
remain as identified in the AASP/MASP EIR with implementation of the Fiero Lane Annexation
project. Therefore, implementation of the proposed project would not affect the impact analysis
contained in the AASP/MASP EIR or result in a different impact determination.
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects; or
As previously stated, the AASP/MASP EIR was certified in 2005. At that time, annexation of
properties within the AASP was analyzed for environmental impacts, which resulted in
three significant and unavoidable impacts, none of which were water related.
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ENVIRONMENTAL ANALYSIS
City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
3.0-2
Because of the ongoing drought in California, existing conditions are different than
they were in 2005. However, short term water supply limitations caused by prolonged
drought, natural disasters or other unanticipated water supply emergencies are
subject to short term measures intended to extend the water supplies during a
declared water supply shortage. The Urban Water Management Planning Act
requires the City to adopt a Water Shortage Contingency Plan (Plan) to deal such
emergencies. The City’s 2010 Urban Water Management plan (UWM P) which
includes the Plan was approved by the City Council in 2011 and the California
Department of Water Resources in 2014. As of October 2015, the City has not
declared a water shortage emergency which would trigger the implementation of
the Water Shortage Contingency Plan.
In response to the current drought conditions a drought response strategy was approved
and a drought emergency declared by the City Council on June 2, 2015. The
approved strategy was implemented to meet the state mandated water reduction
requirements. The City has exceeded the mandatory reduction of 12% set by the
state. The drought response strategy will remain in place until a time the City Council
rescinds the drought emergency. If drought conditions continue, the strategy
includes implementing the Water Shortage Contingency Plan if it is determined that a
critical water shortage is eminent and a water shortage emergency is declared by
the City Council.
The City uses a Water Projection Model to predict the availability of water supply based
on climatic conditions and reservoir storage capacity. The City uses the model as a
tool to forecast when to declare a water supply emergency. Under the current worst
case drought scenario, current city-wide water consumption and a residential using
the 1% residential as the indicator for growth rate consistent with the 2014 Land Use
and Circulation Element EIR, the City is not in a water supply emergency. The
projected water demand estimated to be used by the annexation is included in the
future anticipated water demand which means it was part of the water supply
reliability assessment in Section 6 of the UWMP which takes into account water supply
availability during worst case drought conditions. Though the current drought is the
new worst case drought on record (replacing the 1987-1991 drought), there is
uncertainty on how long it will last and the overall impact it will have, in the short
term, on water availability and supply. Based on the data currently available, it is
concluded that the City has enough water to serve the annexation during the
current drought conditions.
As identified in the City’s 2010 Urban Water Management Plan, 2014 Land Use and
Circulation Element EIR and the AASP/MASP EIR which was certified in 2005, the City
has adequate long term water supply to meet future build-out.
New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
As discussed in this Addendum, the proposed project does not increase the level of any
environmental impact identified in the AASP/MASP EIR. The proposed project is the
implementation of a project that was already analyzed in a previous CEQA analysis. The
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ENVIRONMENTAL ANALYSIS
City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
3.0-3
proposed project would not result in one or more significant effects not discussed in a previous
EIR or negative declaration.
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
The proposed project does not increase the severity of any of the environmental impacts
identified in the AASP/MASP EIR. Rather, there would be a reduction in the amount of water
needed to serve the project compared to what was identified in the AASP/MASP EIR, due to
waster conservation requirements that weren’t required in 2005.
(C) Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the
mitigation measure or alternative; or
No new mitigation measures are proposed as a result of the proposed project. The Fiero Lane
Annexation project is the implementation of a portion of the AASP that was previously analyzed
for environmental impacts. The Fiero Lane Annexation project does not result in new mitigation
measures and all mitigation measures identified in the AASP/MASP EIR were feasible and
implementable. Therefore, the proposed project would not result in mitigation measures or
alternatives previously found not to be feasible that could now be feasible.
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
The proposed project does not result in the modification of mitigation measures or alternatives
contained in the AASP/MASP EIR. No new mitigation measures or alternatives are proposed with
implementation of the Fiero Lane Annexation project.
(b) If changes to a project or its circumstances occur or new information becomes available
after adoption of a negative declaration, the lead agency shall prepare a subsequent
EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether
to prepare a subsequent negative declaration, and addendum, or no further
documentation.
As summarized above and further discussed in this Addendum, the proposed project does not
make changes to the AASP that would require substantial revision to the AASP/MASP EIR, nor
have circumstances changed significantly since adoption of the AASP/MASP EIR in August 2005
that would require revision of the AASP/MASP EIR.
3.2 DISCUSSION OF FINDINGS
As demonstrated in this Addendum, adoption of the proposed Fiero Lane Annexation project does
not meet the criteria for preparing a supplemental or subsequent EIR. First, the Fiero Lane
Annexation project does not propose changes to the AASP and zoning that were evaluated in
the AASP/MASP EIR. None of the changes result in physical changes to the environment and
therefore do not affect the impact analysis contained in the AASP/MASP EIR. Adoption of the
proposed project is not anticipated to result in an increase in severity of any previously identified
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City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
3.0-4
significant impact from the AASP/MASP EIR (CEQA Guidelines Section 15162[a][1]) that would
require major revisions to the AASP/MASP EIR.
The proposed project is the annexation by the City of an area that was previously analyzed for
environmental impacts in the AASP/MASP EIR. The annexation does not include any specific
development designs or proposals, nor does it grant any entitlements for development that
would adversely affect the environment. While the majority of the Fiero Lane Annexation area is
developed, any future development must be consistent with the AASP Land Use Designations
and Zoning Designations, as well as with all codes that regulate development. Nothing in the
proposed project alters an existing policy or program regulating or permitting development.
Environmental impacts of subsequent development projects would also be considered pursuant
to CEQA on a case-by-case basis following submittal of a specific development proposal.
In addition to the San Luis Obispo General Plan policies and the AASP policies, all land
development in the city is governed by engineering standards, the California Building Code,
and state and federal permitting associated with wetlands, cultural resources, and water
quality. These requirements apply to both nondiscretionary (by right) and discretionary
development permits. Discretionary permits have the added protection of both conditions of
approval and additional CEQA analysis. The AASP/MASP EIR evaluated potential development
in the AASP and recognizes the existing permitting and approval process described above.
Second, the Fiero Lane Annexation is a step towards the completion of the AASP. The Fiero Lane
Annexation project does not propose changes in physical circumstances that would cause a
new significant impact or substantially increase the severity of a previously identified significant
impact, and there have been no other changes in the circumstances that meet this criterion
(CEQA Guidelines Section 15162[a][2]). In fact, as discussed previously, the City is required to
reduce water demand by 12 percent. According to the SWRCB, the City has reduced water
consumption by 24.5 percent, or 56.9 gallons per person per day as of August 2015 (SWRCB
2015e). Due to water conservation requirements and efforts, the Fiero Lane Annexation Area will
have less impact on water supply than what was originally determined in the AASP/MASP EIR. All
other impacts identified in the AASP/MASP EIR would remain the same with annexation of the
Fiero Lane Annexation project. Therefore, there have been no changes in the environmental
conditions contemplated and analyzed in the AASP/MASP EIR that would result in new or
substantially more severe environmental impacts.
Finally, as documented in this Addendum, there is no new information of substantial importance
(which was not known or could not have been known at the time of AASP adoption by the City
of San Luis Obispo in 2005) that identifies a new significant impact (condition “A” in CEQA
Guidelines Section 15162[a][3]); there would not be a substantial increase in the severity of a
previously identified significant impact (condition “B” in CEQA Guidelines Section 15162[a][3]);
and there are no mitigation measures or alternatives previously found infeasible that would now
be feasible and would substantially reduce one or more significant effects of the AASP, or
mitigation measures or alternatives that are considerably different from those analyzed in the
AASP/MASP EIR which would substantially reduce one or more significant effects on the
environment (conditions “C” and “D” in CEQA Guidelines Section 15162[a][3]). The Fiero Lane
Annexation project is the implementation of the AASP which was fully analyzed in the
AASP/MASP EIR. The proposed Fiero Lane Annexation project does not include any specific
development proposals, nor does it grant any entitlements for development that would
adversely affect the environment. None of the “new information” conditions listed in CEQA
Guidelines Section 15162[a][3] are present to trigger the need for a subsequent or supplemental
EIR.
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City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
3.0-5
3.3 PROPOSED PROJECT IMPACTS
Summary
Table 3.0-1 lists the AASP’s environmental impacts based on the analysis included in the
AASP/MASP EIR. This table also includes the proposed Fiero Lane Annexation project’s impact
determination. As shown, implementation of the proposed project would not result in any new or
increased physical impacts to the environment.
The proposed project is the annexation of an area identified within the AASP and analyzed for
environmental impacts in the AASP/MASP EIR. While the proposed project would result in the
potential demand of 19 acre feet per year on the city’s water supply system, this demand was
considered in the AASP/MASP EIR and determined to have a less than significant impact on the
City’s water supply. While environmental conditions have changed regarding the availability of
water due to the current drought in California, uses within the proposed Fiero Lane Annexation
project are subject to the City’s water conservation regulations implemented in 2015, as are all
uses in the City. As such, the proposed project would use less water than what was identified in
the AASP/MASP EIR and therefore, have less impact on water supply than what was analyzed in
the AASP/MASP EIR. This would result in a less than significant impact on water supply consistent
with the EIR analysis. The proposed project would have no affect on all other impact areas
analyzed in the AASP/MASP EIR.
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TABLE 3.0-1
AASP/MASP IMPACTS/FIERO LANE ANNEXATION AREA IMPACT DETERMINATION
AASP/MASP Impact AASP/MASP EIR Determination
Fiero Lane Annexation
Area
Impact Determination
Land Use
LU-1: City Policy Consistency Less than significant Does not change the impact
LU-2: County Policy Consistency Less than significant Does not change the impact
LU-3: County Airport Policy Consistency Less than significant Does not change the impact
LU-4: Land Use Compatibility Less than significant Does not change the impact
LU-5: Agricultural land conversion Significant and unavoidable Does not change the impact
LU-6: Change in views Significant and unavoidable Does not change the impact
LU-7: Increase in light and glare Less than significant Does not change the impact
Hydrology and Water Quality
H-1: Increased Discharges of Surface Water Pollutants related to Construction Activities Less than significant Does not change the impact
H-2: Increased Discharges of Surface Water Pollutants related to Ongoing Use of the
Project
Less than significant Does not change the impact
H-3: Changes in Absorption Rates, Drainage Patterns, and the Rate and Amount of
Surface Runoff
Less than significant Does not change the impact
H-4: Changes in the Course or Direction of Water Movements Significant and unavoidable Does not change the impact
H-5: Exposure of People and/or Property to Flooding Hazards Less than significant Does not change the impact
Biological Resources
BIO-1: Loss or Temporary Disturbance of Annual Grassland Less than significant with mitigation Does not change the impact
BIO-2: Loss or Temporary Disturbance of Valley Needlegrass Grassland Less than significant with mitigation Does not change the impact
BIO-3: Loss or Temporary Disturbance of Serpentine Bunchgrass Grasslands Less than significant Does not change the impact
BIO-4: Loss or Temporary Disturbance of Coyote Brush Scrub Less than significant Does not change the impact
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ENVIRONMENTAL ANALYSIS
AASP/MASP Impact AASP/MASP EIR Determination
Fiero Lane Annexation
Area
Impact Determination
BIO-5: Loss or Temporary Disturbance of Open Water Habitat Less than significant with mitigation Does not change the impact
BIO-6: Loss or Temporary Disturbance of Freshwater Marsh Less than significant with mitigation Does not change the impact
BIO-7: Loss or Temporary Disturbance of Seasonal Wetland Less than significant with mitigation Does not change the impact
BIO-8: Loss or Temporary Disturbance of Riparian Woodland And Scrub Less than significant with mitigation Does not change the impact
BIO-9: Loss of Temporary Disturbance of Agricultural Field and Congdon’s Tarplant Less than significant with mitigation Does not change the impact
BIO-10: Loss or Temporary Disturbance of Ruderal And Developed Areas Less than significant Does not change the impact
BIO-11: Impacts to Special-Status Plant Species Less than significant with mitigation Does not change the impact
BIO-12: Impacts on Non-Listed Special-Status Wildlife Less than significant with mitigation Does not change the impact
BIO-13: Mortality or Disturbance to California Red-Legged Frogs Less than significant with mitigation Does not change the impact
BIO-14: Mortality or Indirect Effects to Vernal Pool Fairy Shrimp and California Tiger
Salamanders
Less than significant with mitigation Does not change the impact
BIO-15: Potential Disturbance of American Peregrine Falcons Less than significant Does not change the impact
BIO-16: Potential Disturbance of Least Bell’s Vireo Less than significant with mitigation Does not change the impact
BIO-17: Mortality of or Indirect Effects to Southwestern Pond Turtle Less than significant with mitigation Does not change the impact
BIO-18: Disturbance to Loggerhead Shrikes Less than significant Does not change the impact
BIO-19: Mortality of or Disturbance to California Horned Larks Less than significant Does not change the impact
Traffic and Circulation
T-1: Secondary Impacts of Road Improvements Less than significant with mitigation Does not change the impact
Air Quality
AIR-1: Short-Term Construction Emissions Less than significant with mitigation Does not change the impact
AIR-2: Long-Term Operations Emissions Less than significant with mitigation Does not change the impact
Noise
N-1: Exposure of Land Uses to Traffic Noise in Excess of the Standards for Exterior Noise Less than significant Does not change the impact
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ENVIRONMENTAL ANALYSIS
AASP/MASP Impact AASP/MASP EIR Determination
Fiero Lane Annexation
Area
Impact Determination
Exposure Specified in Table 3F-1
N-2: Increase in Permanent or Temporary Ambient Noise Levels as Indicated in Table 3F-3,
Substantial Increases in Noise Would Occur Along Some Roadways
Less than significant Does not change the impact
N-3: Exposure of Residential Uses to Aircraft Noise Less than significant Does not change the impact
Hazardous Materials
HAZ-1: Potential Construction-Related Exposure to Hazardous Materials Less than significant with mitigation Does not change the impact
HAZ-2: Potential Operations-Related Exposure to Hazardous Materials Less than significant with mitigation Does not change the impact
HAZ-3: Short-Term Surface Water Quality Degradation from Accidental Release of
Hazardous Materials during Construction-related Activities
Less than significant with mitigation Does not change the impact
Public Services and Utilities
PS-1: Impacts on Water Supply and Distribution Facilities Less than significant Does not change the impact
PS-2: Impacts on Sewer Mains and Capacity, and Expansion of Treatment Facilities Less than significant Does not change the impact
PS-3: Impacts on Storm Drainage Capacity Less than significant Does not change the impact
PS-4: Impacts on Solid Waste Landfill Capacity Less than significant Does not change the impact
PS-5: Increased Demand for Law Enforcement Services Less than significant Does not change the impact
PS-6: Increased Demand for Fire Protection Service Less than significant Does not change the impact
PS-7: Potential Inadequacy of Fire Protection Infrastructure to Maintain Acceptable Levels
of Service
Less than significant Does not change the impact
PS-8: Increased Demand for Hazardous Materials Inspection, Permitting, and Response Less than significant Does not change the impact
PS-9: Impacts on Existing School System Less than significant Does not change the impact
PS-10: Impacts on Park and Recreation Facilities Less than significant Does not change the impact
Cultural Resources
13.h
Packet Pg. 196 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
ENVIRONMENTAL ANALYSIS
AASP/MASP Impact AASP/MASP EIR Determination
Fiero Lane Annexation
Area
Impact Determination
CR-1: Potential Damage to or Destruction of Known and/or Unknown Cultural Resources Less than significant with mitigation Does not change the impact
13.h
Packet Pg. 197 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
REFERENCES
City of San Luis Obispo Fiero Lane Annexation
Addendum to the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans EIR
3.0-10
REFERENCES
San Luis Obispo, City of. 2003. Final Program Environmental Impact Report for the Airport Area
and Margarita Area Specific Plans and Related Facilities Master Plans - SCH #2000051062.
Certified August 23, 2005.
———. 2014a. Final Program Environmental Impact Report Land Use and Circulation Elements
Update (LUCE) (SCH# 2013121019). http://www.slocity.org/government/department-
directory/community-development/planning-zoning/general-plan
______. 2014b. Draft Program Environmental Impact Report Land Use and Circulation Elements
Update (LUCE) (SCH# 2013121019). http://www.slocity.org/government/department-
directory/community-development/planning-zoning/general-plan
———. 2015. San Luis Obispo General Plan. May 2015. http://www.slocity.org/government/
department-directory/community-development/planning-zoning/general-plan
SWRCB (State Water Resources Control Board). 2015a. Breaking News, How Low Can Snow Go?
http://www.water.ca.gov/waterconditions/
______. 2015b. Notice of Approval of Emergency Regulatory Action. OAL File No. 2015-0506-02
EE. http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/docs/
emergency_regulations/oal_approved_regs2015.pdf
______. 2015c. Media Release, State Water Board Adopts 25 Percent Mandatory Water
Conservation Regulation. http://www.swrcb.ca.gov/press_room/press_releases/2015/
pr050515_water_conservation.pdf
______. 2015d. Urban Water Suppliers and Regulatory Framework Tiers to Achieve 25% Use
Reductionhttp://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/
docs/emergency_regulations/supplier_tiers_20150428.pdf
______. 2015e. August 2015 Water Conservation Report by Supplier.
http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/conservati
on_reporting.shtml.
13.h
Packet Pg. 198 Attachment: h - Addendum to AASP/MASP EIR (1187 : Fiero Lane/Clarion Court Annexation)
PHASES OF PROPOSED ANNEXATION
Phase 1 (Following Initiation/approval of Memorandum of Agreement):
This phase will include an interim hookup to City water and sewer facilities after initial Council
and LAFCO authorization. The physical changes will be limited to the following:
1. Disconnection from the FLWC Wastewater Treatment Plant (WWTP).
2. Sewer system connection for the proposed annexation area, including approximately
30 feet of temporary sewer force main construction in existing disturbed street areas.
3. Potable water system connection for the proposed annexation area at a single point,
including minor temporary pipeline construction in existing disturbed areas.
Phase 2: Annexation Proposal (will return at a later date)
Phase 2 of the project includes the annexation proposal which will include a Planning
Commission review and recommendation to the City Council. If supported by the City Council,
the project may submit to LAFCO for annexation review.
During this phase, City and FLWC staff will define the detailed improvements required for
permanent connections to City systems. During Phase 2, improvements are expected to be
limited to existing disturbed areas and may include rehabilitation of existing deteriorated asphalt
concrete in Fiero Lane. A general listing of anticipated improvements is as follows:
1. Decommissioning of the existing WWTP, including relocation of required plant
equipment to the East Airport development
2. Installation of new water meters
3. Installation of recycled water main on Broad Street
4. Reconfiguration of sewer laterals along Fiero Lane to connect to the existing airport
gravity sewer
5. Pavement rehabilitation and sidewalk repairs within Fiero Lane
6. Other improvements as contemplated in the draft Memorandum of Agreement
between the City and FLWC
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Page intentionally left
blank.
Meeting Date: 12/1/2015
FROM: Chris Staley, Police Captain
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: ACTION FOR CITY CIVILITY REPORT RECOMMENDATIONS
RECOMMENDATION
1. Approve implementation strategies for the City led Neighborhood Wellness/Community
Civility recommendations; and
2. Make no changes to the City membership of the Student Community Liaison Committee.
DISCUSSION
Background
On May 19, 2015 Council received the Neighborhood Wellness/Community Civility Report and
provided direction to staff to return with implementation strategies for the recommendations
detailed in the report. In addition, staff was asked to provide a recommendation to the City
Council on the make-up of City representatives on the Student Community Liaison Committee.
Neighborhood Wellness/Community Civility Recommendations
The Neighborhood Wellness/Community Civility Report was presented to Council on May 19,
2015 (Attachment A.) The report is a comprehensive and highly detailed document which was
prepared after a two year research process. A wide variety of recommendations were established
in the report, with each recommendation matched to the agency/institution that would be
responsible for further exploration and action identification. The following are the
recommendations for which the City of San Luis Obispo was identified as the lead agency
followed by the staff recommended action. Notably, several of the following recommendations
have already been addressed in recent Council actions.
Objective 1 – Define short-term actions to enhance the quality of life
1. Investigate establishing a Student Neighborhood Assistance Program (SNAP) Ride-
Along program and promote current Police Ride-Along program.
Action: The San Luis Obispo Police Department Ride-Along program is available to
residents of the city and may be scheduled once per year. It is not currently
advertised on the City website but consideration is being made for including
information in the FAQs section of the Police Department web content. The SNAP
program, staffed by part-time temporary employees of the Police Department, is not
staffed or structured to support resident ride-alongs. While SNAP employees receive
a great deal of training, it would not be appropriate for them to take responsibility for
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residents in a ride-along capacity.
2. Explore the option of creating a noise ordinance in public spaces on streets and
sidewalks for gatherings of more than 50 people by issuing citations or other
alternative options.
Action: Not recommended. Chapter 5.80 of the City’s Municipal Code regulates
parades and assemblies within the public right-of-way. The City’s Unruly Gathering
Ordinance addresses certain gatherings on private property which “spill-out” and
obstruct the public right-of-way. Further regulating the ability to gather within
traditional public forums could infringe on the public’s right to assemble and/or free
speech rights. The amendments made to the Unruly Gathering Ordinance allow the
Police Department the ability to more effectively address gatherings that are causing
a significant disturbance to a neighborhood. In addition, Penal Code section 415,
commonly referred to a “disturbing the peace” addresses some of the unlawful
impacts associated with large gatherings.
3. Consider expanding tools to enforce ordinances for nuisance properties including, but
not limited to, “tagging” properties that meet a definition of a public nuisance or
unruly gatherings in terms of both property-maintenance concerns and behavior
issues.
Action: Ongoing proactive enforcement by Code Enforcement and the Neighborhood
Services Specialists are addressing chronic and nuisance properties. Behavioral
issues are addressed by SLOPD in the enforcement of noise and the newly amended
Unruly Gathering ordinances and Cal Poly University Police are enforcing
municipal code violations (noise, unruly gathering, open container, public urination)
in the neighborhoods up to one mile off campus. The Rental Housing Inspection
Program will also help better address properties that are lacking basic safety and
habitable conditions. All of these efforts should be fully implemented prior to
considering another regulation that requires tagging properties that violate certain
provisions of the Municipal Code. If the council wishes to pursue this added
regulation staff recommends that it be considered after the first full cycle of the
Residential Housing Inspection Program.
4. Evaluate policies so that new development or redevelopment does not unduly impact
neighborhoods.
Action: Action: In progress. Project plan for implementation of General Plan
Program 2.13 (Neighborhood Compatibility) to be presented to Council by end of
Fiscal Year 2015-2016.
Objective Two – Define stakeholders’ needs and success
5. Evaluate best practices and implement strategies to reduce the number of disruptions
from parties and noise in neighborhoods (as referenced in Objective Three)
Action: Council amended the Unruly Gathering ordinance in August 2015 to
strengthen the ordinance as an enforcement tool. Also in August 2015, Council
approved the Memorandum of Understanding between the Police Department and
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Cal Poly University Police (“UPD”) Department allowing UPD the ability to enforce
municipal code ordinances up to one mile from campus. SLOPD will continue to
evaluate other methods that may help reduce disruptions.
6. Develop and implement a rental housing inspection program.
Action: A Rental Housing Inspection Program was adopted by City Council May 19,
2015 and the program is currently in development for phased implementation. Phase
1 – Amnesty to assist in legalizing unpermitted work or existing unpermitted dwelling
units starting December 1, 2015. Postcards and flyers will sent out to property
owners at the end of November 2015.
Phase 2 – Registration of rental units begins January 1, 2016. Information mailed
out starting last week of December 2015. Registration deadline will be March 15,
2016.
Phase 3 – First Inspection is scheduled for April 2016.
7. Implement educational programs to increase the number of student-aged residents
who bring in their trashcans on the same day the trash is picked up.
Action: In progress. Neighborhood Services Specialists (NSS) participate in “Walk
and Talks” educate residents of the Neighborhood Enhancement Ordinance
regulations. NSS conducts proactive enforcement, speaking with residents face to face
and using informational stickers that are applied directly to waste wheelers that have
not been moved from the street. More challenging locations, such as Hathway Alley,
have required a more focused approach from Code Enforcement and Utilities with
great success. NSS has also begun outreach to residents at Farmers’ Market on
Thursday evenings.
8. Continue to implement strategies to address homelessness in San Luis Obispo
(particularly in the downtown area).
Action: In progress and on-going. SLOPD will continue to work within strongly
established community partnerships to provide focused service on identified needs
using the Community Action Team (CAT), Downtown Bicycle Officers and patrol
services. Engage and collaborated with stakeholders to provide education and
awareness opportunities through programs such as the Directed Giving campaign.
9. Implement strategies to reduce traffic issues in neighborhoods. Consider using
strategies identified in the Land Use and Circulation Element update to achieve this
objective.
Action: The City’s Neighborhood Traffic Management (NTM) Program encourages
neighborhood residents to work with staff in developing strategies to address
identified issues. The objective of the NTM program is to encourage citizens to be
directly involved in addressing neighborhood traffic concerns and to provide a
process that results in equitable and affordable solutions to the traffic problems in a
neighborhood. Neighborhood traffic safety and operational issues on all other streets
and intersections fall under the scope of the City’s Annual Traffic Safety and Biennial
Traffic Operations Programs. Neighborhood parking issues fall under the scope of
the City’s Residential Parking District Program.
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Objective Three – Identify university/city best practices
10. Work with the City to generate a neighborhood map of housing rental properties and
provide outreach to student renters by funding welcome bags for neighbors to
distribute to establish positive interactions.
Action: Currently, SLOPD Neighborhood Outreach provides rack cards and door
hangers to residents wishing to conduct focused outreach to various
properties/residents. In addition, the Police Department and Code Enforcement
“Walk and Talks” are the personal contacts and provision of educational materials
to thousands of residents at the beginning of the academic year. Neighborhoods,
such as Alta Vista, visit properties annually with a welcome letter sharing
information and expectations with new residents. Given limited resources and
funding, the City is not in a position to complete this objective. Further discussion to
determine program viability is recommended.
11. Create a Renter/Rental Housing Inspection Program
Action: See #6 under Objective 2.
12. Implement a Party Registration Program. Develop a program to incentivize party
registration that provides the opportunity for the San Luis Obispo Police Department
to contact the party registrant and offer a 20-minute warning before dispatching
S.N.A.P. or a police officer.
Action: Research concept for viability. Analysis of a program that could be created
with current resource as well as best practices will be conducted – Fall 2016.
13. Develop proactive engagement of law and code enforcement with visits to properties
of concern; “Knock and Talk”.
Action: Complete. Neighborhood Officer and Neighborhood Services Specialists
“Knock and Talks” established in Fall of 2014 and are continuing.
Objective Four – Review enforcement best practices
14. City and Cal Poly officials to craft a MOU between the City and University regarding
police operational protocol within a one-mile radius of campus.
Action: Complete. Council approved the MOU in August 2015. UPD officers were
provided training prior to the start of the 2015 academic year and are actively
enforcing municipal code violations in the neighborhoods within one mile of campus
15. Partner Cal Poly and Cuesta police officers with San Luis Obispo Neighborhood
Officers to coordinate resources and achieve program goals.
Action: University Police officers currently partner with SLOPD officers during
traditionally busy time periods (start of school, Halloween) as staffing allows. This is
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possible wth UPD because the campus is contiguous to the City. The use of C uesta
PD officers is not realistic given Cuesta’s lack of proximity to the City and their
resources.
16. Implement a keg registration program.
Action: Research practicality of keg registration program – present findings to
Council in May 2016.
17. Conduct an internal assessment of the San Luis Obispo Police Department staffing to
prepare for growth within the city and on the Cal Poly campus to ensure staffing
needs match the population.
Action: Staffing assessment, primarily patrol and dispatch, is addressed in the
Strategic Plan being developed by the Police Department and will be presented to
Council in March 2016.
18. Explore the possibility of Cal Poly Police being able to issue City Municipal
Administrative Citations.
Action: Established per the MOU (#14 above).
Objective Five – Engage stakeholders: review current educational & information efforts
19. Create an annual communications plan containing neighborhood wellness messages
and a process for communicating the information effectively to maximize resources
Action – Communication plan created for Fall/Winter 2015 by a subcommittee
consisting of residents, Cuesta Student Government, Cal Poly staff from Orientation,
Housing, Greek Life, Administration and ASI, City Code Enforcement and
Neighborhood Outreach. The subcommittee will meet every six months to continue
with the planning and delivery of neighborhood wellness messaging to ensure
effectiveness.
Student Community Liaison Committee
Established in 1987, the Student Community Liaison Committee (SCLC) serves as a mechanism
of communication between Cal Poly, Cuesta College, San Luis Obispo County and the City of
San Luis Obispo. The mission of SCLC is to “proactively engage in discussion to promote
positive relations, mutual respect and improved quality of life for all citizens of San Luis
Obispo.” Per the current SCLC Memorandum of Understanding, the City provides meeting
space, two City Council representatives to include the mayor, who is a voting member, and a
rotating council member and three voting members: the City Manager, the Police Chief and the
Neighborhood Outreach Manager. (Attachment B)
SCLC has been an excellent venue for the agencies to share information and work to improve
community relationships. In assessment of the City of San Luis Obispo membership, staff
recommends that the voting membership of the Mayor, City Manager, Police Chief and
Neighborhood Outreach remain unchanged. As there are times when meeting conflicts arise, the
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Assistant City Manager, Police Captains and Community Development Director would be asked
to attend for coverage and participation. Staff also recommends maintaining the rotating Council
Member structure as SCLC provides the opportunity to information sharing and community
relationship building.
CONCURRENCES
The Community Development Department, Public Works, and Finance Department concur with
the recommendations for action in this report.
FISCAL IMPACT
There are no fiscal impacts from the recommendations contained in this report. The Rental
Housing Inspection Program was approved in May 2015. Funding for the program was adopted
as part of the 2015-2017 Financial Plan. The additional actions recommended in this report will
be completed with existing resources.
ALTERNATIVE
1. Do not approve recommended actions. Request that staff return with further alternative
actions at a later date.
Attachments:
a - Neighborhood Wellness Report - Final
b - SCLC MOU Final 5-16-13
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San Luis Obispo
Neighborhood Wellness/Community
Civility Effort
FINAL REPORT
Spring 2015
- Enhancing the quality of life for all residents -
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Neighborhood Wellness/Community Civility Effort, Final Report | San Luis Obispo, CA Page 2
TABLE OF CONTENTS
OVERVIEW ................................................................................................................................................. 3
PROCESS ..................................................................................................................................................... 4
OBJECTIVE ONE: Define short-term actions to enhance the quality of life .............................................. 5
OBJECTIVE TWO: Define stakeholders’ needs and success ....................................................................... 7
OBJECTIVE THREE: Identify university/city best practices ................................................................... 10
OBJECTIVE FOUR: Review enforcement best practices .......................................................................... 17
OBJECTIVE FIVE: Engage stakeholders: review current educational & information efforts .................. 23
OBJECTIVE SIX: Prepare for sustained engagement to achieve desired vision & goal ............................ 25
APPENDIX A: Working Group Membership ........................................................................................... 28
APPENDIX B: Council Agenda Report .................................................................................................... 29
APPENDIX C: Full Survey Report ........................................................................................................... 54
APPENDIX D: Matrix of All Action Items .............................................................................................. 70
APPENDIX E: Post March 7 Recommendations ...................................................................................... 76
APPENDIX F: Maintaining Balanced Neighborhoods Report .................................................................. 79
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OVERVIEW
ith the focus of making San Luis Obispo an even more vibrant community for residents
and students to reside in, community representatives, Cal Poly and Cuesta College
administrators, students and San Luis Obispo city staff have worked side by side to coordinate
their efforts through the Neighborhood Wellness/ Community Civility Effort. The effort was
launched in May of 2013 with the support of the San Luis Obispo City Council, Cal Poly
President Jeffrey Armstrong, and Cuesta College President/Superintendent Gil Stork. This
initiative aimed to discuss the changing culture of neighborhoods in San Luis Obispo resulting
from the shifts of owner-occupied households to the increase in rental units, specifically by
student-aged individuals.
Collectively, the working group has a vision of building “a community in which year-round
residents and students actively collaborate to build community and communicate in an
environment that fosters mutual respect and understanding.”
The unified goal of the working group has been to develop ideas for stakeholder consideration
that are intended to “enhance the quality of life for all residents.” The group responded to the
six objectives created by the San Luis Obispo City Council with subsequent recommendations,
desired outcomes, implementation leads and partners, and timelines for implementation.
The objectives are outlined below, and each is addressed thoroughly in this report.
Define short-term actions to enhance the quality of life
Define stakeholders’ needs and success
Identify university/city best practices
Review enforcement best practices
Engage stakeholders: review current educational and information efforts
Prepare for sustained engagement to achieve desired vision and goal
W
From the recommendations above and active collaboration within the working group, three
overall themes emerged:
Increase communications from Cal Poly and Cuesta College
Develop responses through solution-oriented initiatives
Set in motion proactive measures to avoid repeating past mistakes and preventing new
problems from occurring
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PROCESS
Beginning work in October of 2013, the Neighborhood Wellness/Community Civility Effort
working group conducted a thoughtful study of the objectives outlined by the San Luis Obispo
City Council and created a process to efficiently move the community into action.
Champions were assigned to each objective, and the subsequent 13 meetings, hosted by Cuesta
College, were devoted to discussions of the objectives, led by the champions.
Champions for the objectives are presented below:
Note: Names in parentheses denote past working group members.
During the robust discussions for each objective the entire working group offered feedback on
the work of the champions and direction on how to proceed. Each group returned to conduct
further studies based on the feedback and direction of this group. The champions provided
recommendations to the working group in late 2014. Each of the recommendations were
discussed and affirmed during the monthly meetings, which focused specifically on one
particular objective. It is those recommendations that are presented in this report.
OBJECTIVE ONE:
Karen Adler, Julie Towery
OBJECTIVE TWO:
Katie Lichtig, Joi Sullivan
(Jason Colombini), Dr. Anthony Gutierrez,
Juventino Ortiz
OBJECTIVE THREE:
Derek Johnson, Stephanie Teaford
(Justin Wellner, Betsy Kinsley)
OBJECTIVE FOUR:
Joe Arteaga, Steve Gesell, George Hughes,
Chris Staley, Brenda Trobaugh
OBJECTIVE FIVE:
Scott Chedester (Charles Scovell),
Dr. Anthony Gutierrez,
Kimberly Hampton, Joi Sullivan
(Jason Colombini), Christine Wallace
OBJECTIVE SIX:
Dr. Keith Humphrey,
Sandee McLaughlin
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Goal
To define short-term actions that could be
implemented to enhance the quality of life for all
residents, particularly associated in the timeframe
around the start of Cal Poly’s fall term.
OBJECTIVE ONE: Define short-term actions
to enhance the quality of life
Champions
Karen Adler, Community
Julie Towery, Community
Background
Historically, there has been an increase in calls for
service around the neighborhood areas adjacent to
Cal Poly coinciding with start of the school year. This
objective is set to define what short-term actions
could lead to positive long-term effects during that
timeframe. Short-term actions are also distributed
among all objectives, thus are not exclusive to
objective one.
Recommendations
Schedule regular neighborhood tours with city council, mayor, neighbors, Cal Poly and
Cuesta College leaders, etc.
Investigate establishing Student Neighborhood Auxiliary Patrol (S.N.A.P.) Ride-Along
program and promote current Police Ride Along program
Explore the option of creating a noise ordinance in public spaces on streets and
sidewalks for gatherings of more than 50 people by issuing citations or other alternative
options
Consider expanding tools to enforce ordinances for nuisance properties including, but not
limited to, “tagging” properties that meet a definition of a public nuisance or unruly
gatherings in terms of both property-maintenance concerns and behavior issues
Evaluate policies so that new development or redevelopment does not unduly impact
neighborhoods
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Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Schedule regular neighborhood
tours with city council, mayor,
neighbors, Cal Poly and Cuesta
leaders, etc.
Allow neighbors to
point out
neighborhood
issues
Cal Poly Ongoing, began
Summer of 2014
Investigate establishing S.N.A.P.
Ride-Along program and
promote current Police Ride
Along program
Increase the
amount of support
to assist with
complaints and
allow officers to do
other police work
City of San Luis
Obispo
Fall 2015
Explore the option of creating a
noise ordinance in public spaces
on streets and sidewalks for
gatherings of more than 50
people by issuing citations or
other alternative options
Decrease number
of noise complaints
City of San Luis
Obispo
Spring 2016
Consider expanding tools to
enforce ordinances for nuisance
properties including, but not
limited to, “tagging” properties
that meet a definition of a public
nuisance or unruly gatherings in
terms of both property-
maintenance concerns and
behavior issues
Hold repeat noise
violators
accountable
City of San Luis
Obispo
Spring 2016
Evaluate policies so that new
development or redevelopment
does not unduly impact
neighborhoods.
Decrease properties
that allow for high
occupancy
City of San Luis
Obispo
Fall 2016
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OBJECTIVE TWO: Define stakeholders’ needs and success
Champions
Dr. Anthony Gutierrez, Cuesta College
Katie Lichtig, City of San Luis Obispo
Juventino Ortiz, Community
Joi Sullivan (Jason Colombini), Cal Poly
Goal
For Cal Poly, Cuesta College and the City of San Luis Obispo to use the results of the
community-wide survey to suggest efforts for implementation to address community-defined
issues.
Background
The purpose of this objective is to identify the stakeholders’ needs and suggest solutions so that
the outcomes reflect a desired environment for the community.
To obtain a comprehensive assessment of the community’s needs and what success looked like,
a communitywide survey was mailed in May of 2014. A total of 3, 774 surveys were completed
and returned, physically and electronically. Of the completed surveys, 1,706 were from non-
student residents, 1,783 were from individuals identifying themselves as either Cal Poly or
Cuesta students, and 318 individuals did not associate themselves with any group. The full
survey results and discussion is offered in Appendix C.
Recommendations
The assessment results provided a clearer picture of the stakeholder perceptions, which helped
develop potential recommendations, such as:
Evaluate best practices and implement strategies to reduce the number of disruptions from
parties and noise in neighborhoods (as referenced in Objective Three)
Develop and implement a rental housing inspection program
Implement a range of strategies to change the relationship and culture between students
and non-students in neighborhoods
Explore and implement strategies to address the concentration of bars in the downtown
area and related safety issues. Consider using strategies identified in the Land Use and
Circulation Element (LUCE) update to achieve this objective
Implement educational programs to increase the number of student-aged residents who
bring in their trashcans on the same day the trash is picked up
Implement strategies to reduce traffic issues in neighborhoods. Consider using strategies
identified in the Land Use and Circulation Element update to achieve this objective
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Neighborhood Wellness/Community Civility Effort, Final Report | San Luis Obispo, CA Page 8
Continue to implement strategies to address homelessness in San Luis Obispo
(particularly in the downtown area)
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Evaluate best practices and
implement strategies to reduce
the number of disruptions from
parties and noise in
neighborhoods (as referenced in
Objective Three)
Reduce noise
disruptions
Cal Poly and Cuesta
College
(programmatic) City
of San Luis Obispo
(enforcement)
Fall 2015
Develop and implement a rental
housing inspection program
Insure that rental units
comply with required
minimum health and
safety standards
City of San Luis
Obispo
Fall 2016
Implement a range of strategies
to change the relationship and
culture between students and
non-students in neighborhoods
(no specific recommendations
discerned from the survey
results)
Improve student and
community
relationships
Cal Poly Associated
Student, Inc. (ASI)
and Associate
Students for Cuesta
College (ASCC)
Spring 2016
Explore and implement
strategies to address the
concentration of bars in the
downtown area and related
safety issues. Consider using
strategies identified in the Land
Use and Circulation Element
update to achieve this objective
Address and decrease
safety-related issues
City of San Luis
Obispo
Ongoing per
LUCE strategies
Implement educational programs
to increase the number of
student-aged residents who
bring in their trashcans on the
same day the trash is picked up
Increase the number
of student-age
residents to comply
with the 24-hour
ordinance
City of San Luis
Obispo
Ongoing
Continue to implement strategies
to address homelessness in San
Luis Obispo (particularly in the
downtown area)
A reduction in the
impacts of
homelessness on the
community
City of San Luis
Obispo
Ongoing
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Implement strategies to reduce
traffic issues in neighborhoods.
Consider using strategies
identified in the Land Use and
Circulation Element update to
achieve this objective
Reduce traffic-related
issues in
neighborhoods
City of San Luis
Obispo
Ongoing
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OBJECTIVE THREE: Identify university/city best practices
Champions
Derek Johnson, City of San Luis Obispo
Stephanie Teaford (Betsy Kinsley, Justin Wellner), Cal Poly
Goal
To identify best practices that can be undertaken by Cal Poly, in collaboration with the City of
San Luis Obispo, to enhance positive interactions between students and permanent residents.
Background
Universities and colleges across the nation impact the communities in which they exist in both
positive and negative ways. The impact of students in residential neighborhoods has prompted
higher education institutions to share best practices that can lead to improvements in
community relationships and mitigate negative impacts. The objective explored various
programs and efforts undertaken by universities and colleges nationwide. The following
recommendations could provide a framework for improving relations between student
residents and permanent residents of San Luis Obispo.
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Recommendations
To address student rental properties
Create and implement a transition to Off-Campus Living Education Program, to be
shared with Cuesta College’s Student Life Office
Include expectations and responsibilities of living in neighborhoods in the City
of San Luis Obispo (e.g. local ordinances)
The successful completion of a culminating test will result in a Preferred Renter
Certification with potential benefits offered by landlords
Work with the city to generate a neighborhood map of housing rental properties and
provide outreach to student renters by funding welcome bags for neighbors to distribute
to establish positive interactions (University of Colorado, Boulder)
Create a Renter/Rental Housing Inspection Program. Students and landlords can work
together for preferred renter/rental designation
o Beautification Program: “Door Decal” or “Golden Arrow” for upkeep of
property and meeting standards for appearance and safety
o Student Affairs Awards: Awarded yearly to no-complaint housing (LaSalle
University)
o Preferred rental properties listed with the city
o Request the release of judicial information to off campus entities (Plymouth State
University)
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To alleviate nighttime noise and to build compassion and understanding
Develop outreach and marketing efforts toward students (University of Massachusetts,
Amherst)
Implement a Party Registration Program. Develop a program to incentivize party
registration that provides the opportunity for the San Luis Obispo Police Department to
contact the party registrant and offer a 20-minute warning before dispatching S.N.A.P.
or a police officer. This provides the students a way to minimize impacts on enforcement
resources (University of Colorado, Boulder)
Initiate Dialog Dinners or Block Parties for students and residents to talk about what
they like most about their neighborhoods (University of Colorado, Boulder)
Promote the principles of the The Mustang Way in neighborhoods:
o Student Neighborhood Liaisons: Block parties/events for networking. (University
of Minnesota, Twin Cities & Towson University)
o Neighborhood Helping Hands: Volunteerism for neighbor assistance (e.g. fruit
picking, ladder needs, barn raising, etc.). Coordinate with campus departments
to provide Learn by Doing experiences within neighborhoods for senior projects
and other work-related majors such as horticulture, landscape architecture,
construction management and others.
o Peer-to-peer engagement for neighborhood policing; “Walk this Way Program”
(University of Massachusetts, Amherst)
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To improve collaboration and understanding among students, non-students and city
groups, and to increase engagement in problem solving
Continue to engage and communicate collaboratively among students, non-students and
city groups. See Student Community Liaison Committee (SCLC), below.
Utilize various on-campus departments and offices that support living off-campus (Off-
Campus Student Life; Cuesta College Student Life and Leadership; Student & Community
Relations; Office of Neighborhood Life; Student Neighborhood Relations; Neighborhood
University Relations and Neighbors; and Student Life and Leadership at Cuesta College) to:
o Support all students, non-students, and permanent residents in the communities
surrounding Cal Poly
o Educate students about university policies and local ordinances
o Continue to build and strengthen neighborhood relations by facilitating dialogue
o Promote civic citizenship to create a positive quality of life for everyone living in the
neighborhoods (Georgetown University)
o Specific communications and strategies could include:
A 100 percent response policy for any time, any issue, by enforcing a
prompt and meaningful response
The police provide a blueprint that lets students and neighbors
know exactly what to expect when a community concern is
registered with the university
The policy will establish a standard for reporting an incident
(through a university helpline); clear steps that would be taken for
follow-up with the student (through an updated sanction chart)
and community members; and what data would be collected to
create a metric to evaluate student success and outcomes
(Georgetown University)
Sustained conflict resolution services such as “SLO Solutions,” a
jointly sponsored citywide conflict-resolution program specifically
designed to address student-neighbor issues and provide a means
for constructive resolution. Since 2004, this program has used the
services of Creative Mediation to resolve a variety of community
disputes at no cost to those seeking mediation
Sustained SCLC effort. For more than 20 years, Cal Poly’s Associated
Students, Inc. (ASI), Associated Students of Cuesta College (ASCC), and
the city have served as leaders on the committee. It was established to
further student and community communication and develop positive
relationships
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Neighborhood Concerns Phone Line: Neighbors can call in with concerns.
Cal Poly and Cuesta College staff can recommend actions and contact
students (Colorado University, Boulder)
Quarterly walkabouts and coffee sessions with city residents and
representatives from Cal Poly, Cuesta College and the city
One-hour walkabouts will be scheduled, every third month and
will take place at various times throughout the neighborhoods
surrounding the campus. During these walks they will explore
student housing rentals, party atmosphere, traffic impacts and
Greek housing
One-hour coffee sessions or “listening sessions” will be scheduled
every third month, in the afternoon, at a local venue to discuss
such topics as the Cal Poly Master Plan and vision for the future,
diversity and inclusivity, students in the community, and year-
end accomplishments and challenges
Develop proactive engagement of law and code enforcement with visits to properties of
concern; “Knock and Talk” (University of Maryland).
Implement a Joint Letter Program. Police contact with students in off-campus housing
who generates letters signed by the university, police and city that outlines expectations.
It is sent to the resident and landlord (University of Oregon)
o Tagging for repeat offending or problem properties
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Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Create and implement a
transition to Off-Campus
Living Education Program, to
be shared with Cuesta
College’s Student Life Office
Set expectations and
responsibilities for
students living in
neighborhoods in the
City of San Luis Obispo
Cal Poly Summer 2015
Work with the city to generate
a neighborhood map of
housing rental properties and
provide outreach to student
renters by funding welcome
bags for neighbors to
distribute to establish positive
interactions
Establish positive
interaction with City
Cal Poly ASI ,
ASCC, City of San
Luis Obispo
Spring 2016
Create a Renter/Rental
Housing Inspection Program
Rental properties that
meet minimum health
and safety standards
Cal Poly, City of San
Luis Obispo
Spring 2016
Develop outreach and
marketing efforts toward
students
Raise awareness of the
impacts of noise on
neighborhood
Cal Poly Spring 2016
Implement a Party
Registration Program.
Develop a program to
incentivize party registration
that provides the opportunity
for the San Luis Obispo Police
Department to contact the
party registrant and offer a 20-
minute warning before
dispatching S.N.A.P. or a
police officer
Fewer noise citations City of San Luis
Obispo
Spring 2016
Initiate Dialog Dinners or
Block Parties for students and
residents to talk about what
they like most about their
neighborhoods
Create positive
interactions between
students and year-
round residents
Cal Poly ASI, ASCC Ongoing
Promote the principles of the
The Mustang Way in
neighborhoods
Enhance a positive
culture of peer-to-peer
accountability in
neighborhoods
Cal Poly ASI Ongoing
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Continue to engage and
communicate collaboratively
among students, non-students
and city groups
Improve collaboration
and understanding
among students, non-
students and city
groups
SCLC Ongoing
Utilize various on-campus
departments and offices that
support living off-campus to
support students, non-
students and permanent
residents living in
neighborhoods.
Educate students about
university policies and
ordinances, strengthen
neighborhood relations
by facilitating dialogs
Cal Poly & Cuesta
College
Fall 2015
Develop proactive
engagement of law and code
enforcement with visits to
properties of concern; “Knock
and Talk”.
Positive engagement
with law enforcement
and decrease repeat
offending properties
City of San Luis
Obispo
Ongoing
Implement a Joint Letter
Program.
Police contact with
students in off-campus
housing generates
letter signed by
university, police and
city that outlines
expectations sent to
resident and landlord
Cal Poly Fall 2015
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Goal
That Cal Poly, Cuesta College and the City of San Luis Obispo police departments consider
implementing strategies to address community civility and quality-of-life matters.
OBJECTIVE FOUR: Review enforcement best practices
Champions
Joe Arteaga, Cuesta College
Steve Gesell, City of San Luis Obispo
George Hughes, Cal Poly
Chris Staley, City of San Luis Obispo
Brenda Trobaugh, Cal Poly
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Background
In the past several years, both Cal Poly and the City of San Luis Obispo have engaged in
numerous programs to address quality of life and community wellness.
Both organizations have expanded professional staff dedicated to neighborhood wellness,
created and modified ordinances, and implemented new programs to address pubic disorder
and nuisance crimes including but not limited to:
Amendments to the noise ordinance
In 2010 the San Luis Obispo Police Department made recommendations to the city council
regarding changes to the existing noise ordinance to improve noise reduction efforts. The
modifications included reducing the number of allowable warnings to one every nine months
and to hold residential property owners responsible for repeat noise violations. Many landlords
have since added language to their lease and rental agreements with penalties levied to their
tenants who receive noise violations. These modifications were accepted by city council and
noise complaints were significantly reduced by 30 percent for the following year and have been
maintained since (see Table 1 below).
Table 1: Total noise party violations reported from 2009 to 2014.
2009 2010 2011 2012 2013 2014
Noise Violations 2584 2238 2013 1644 1672 1729
0
500
1000
1500
2000
2500
3000
Noise Party Violations
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Unruly Gathering Ordinance
In 2010 the San Luis Obispo Police Department conducted research on Unruly Gathering
Ordinances. After extensive research and outreach to the community and Cal Poly, an Unruly
Gathering Ordinance was proposed and accepted by the city council. The ordinance was
intended to prevent substantial disturbances on private property in a neighborhood. This
included unlawful and disruptive behavior by large groups of people. On April 6, 2010, the city
council adopted section SLMC 9.13.030 Prohibition of Unruly Gatherings. A violation of the
Unruly Gathering Ordinance consists of hosting a gathering on private property that:
Involves 20 people or more; and
Involves unlawful conduct that creates a substantial disturbance in a significant segment
of a neighborhood.
“Unlawful conduct that results in a substantial disturbance can include such things as excessive noise,
public drunkenness, serving alcohol to minors, fighting, urinating in public, crowds overflowing into
yards, sidewalks, or streets, or similar unlawful behaviors.”
Neighborhood Officer Program
The San Luis Obispo Police Department initiated its Neighborhood Officer Program on
December 1, 2013. The goal of the Neighborhood Officer Program is to quickly identify
community issues, concerns, problems and crime trends that have long-term quality-of-life
impacts on a particular neighborhood. The Neighborhood Officer Program allows for officers to
coordinate resources to help solve these problems. This model of policing is both a philosophy
and an organizational strategy that allows police and community residents to work closely
together in new ways to solve problems associated with crime, fear of crime, social disorder and
neighborhood decay.
Attainable goals of this program include:
Maintain or increase public confidence in the Police Department
Decrease fear of crime
Listen to and address citizen concerns
Bring community resources together to solve problems
Impact specific crime problems
Reduce repetitive calls for service
Educate the public about its Police Department
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Student Community Success Program
In 2013 Cal Poly hired a full-time off-campus student life coordinator to be both proactive and
reactive in supporting students and neighborhood residents with neighborhood wellness
initiatives. Responsibilities of the position include:
Coordinate the resolution of off-campus conduct with university administration, city
government and community members to find solutions for student’s problems or
concerns
Assist in mediating and resolving student/community conflicts
Effect change in the social climate and relationships with specific responsibility of
working with students and their neighbors within the local community
Implement training sessions, presentations, and educational programs regarding
substance abuse, civic and social responsibility
One goal of the program is to create a Student Community
Success Program with the mission to help students be successful
off campus and address community concerns. The program is
intended to change and encourage inappropriate behavior
through community and student meetings, workshops,
leadership panels, and peer-mentoring opportunities.
Cal Poly University Police Off-Campus Patrols
By authority of the California Penal Code, the University Police
Department has legal authority to exercise peace officer powers
within a one-mile radius of the exterior boundaries of campus
(see Appendix A). In 2014 Cal Poly hired two additional police
officers to expand proactive patrols within the neighborhoods
directly adjacent to campus. The focus of these patrols has been
to proactively discourage and enforce public disorder crimes.
Recommendations
City and Cal Poly officials should craft a Memorandum
of Understanding (MOU) agreement between the city and university regarding police
operational protocol
Partner Cal Poly and Cuesta police officers with San Luis Obispo Neighborhood Officers
to coordinate resources and achieve program goals
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City should explore additional proactive educational opportunities with Cal Poly and
Cuesta College to change the student culture related to neighborhood wellness
Implement a keg registration program
Conduct an internal assessment of the San Luis Obispo Police Department staffing to
prepare for growth within the city and on the Cal Poly campus to ensure staffing needs
match the population
Conduct an internal assessment of the University Police Department staffing to meet the
growth on the Cal Poly campus
Explore the possibility of Cal Poly Police being able to issue City Municipal
Administrative Citations
Location of a university police substation within the new residence hall project to
coordinate law enforcement problem-solving efforts
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Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
City and Cal Poly officials to craft
a Memorandum of Understanding
agreement between the city and
university regarding police
operational protocol within a one-
mile radius
Allows for
coordination of
resources to quickly
respond to
community concerns
Cal Poly, City of
San Luis Obispo
Fall 2015
Partner Cal Poly and Cuesta police
officers with San Luis Obispo
Neighborhood Officers to
coordinate resources and achieve
program goals
To coordinate
resources and obtain
program goals
City of San Luis
Obispo
Fall 2015
City should explore additional
proactive educational
opportunities with Cal Poly and
Cuesta College to change the
student culture related to
neighborhood wellness
Change student
culture related to
neighborhood
wellness
SCLC Fall 2016, and
with each annual
report
Implement a keg registration
program
A reduction in
underage alcohol use
and an accountability
mechanism for
persons who serve
minors
City of San Luis
Obispo
Fall 2016
Conduct an internal assessment of
the San Luis Obispo Police
Department staffing to prepare for
growth within the city and on the
Cal Poly campus to ensure staffing
needs match the population
Meet the needs of the
community as
population grows
City of San Luis
Obispo
Spring 2016
Conduct an internal assessment of
the University Police Department
staffing to meet the growth on the
Cal Poly campus
Meet the needs of Cal
Poly as student
population grows
Cal Poly Spring 2016
Explore the possibility of Cal Poly
Police being able to issue City
Municipal Administrative
Citations
To be able to patrol in
neighborhoods
adjacent to Cal Poly
campus
Addressed via
MOU identified
above
Location of a university police
substation within the new
residence hall project to coordinate
law enforcement problem-solving
efforts
Coordinate law
enforcement outreach
and problem solving
efforts
Cal Poly Fall 2018
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Goal
To engage stakeholders: review current educational and informational efforts.
OBJECTIVE FIVE: Engage stakeholders: review current educational &
information efforts
Champions
Scott Chedester (Charles Scovell), Cuesta College
Dr. Anthony Gutierrez, Cuesta College
Kimberly Hampton, Cal Poly
Joi Sullivan (Jason Colombini), Cal Poly
Christine Wallace, City of San Luis Obispo
Background
This objective examines the methods, content and effectiveness of educational efforts put
forward by Cal Poly, Cuesta College, the City of San Luis Obispo, and student resident groups.
The inventory of channels of communication was compiled by representatives of Cal Poly,
Cuesta College, and the City of San Luis Obispo. Neighborhood wellness meeting attendees,
Cal Poly and Cuesta College student focus groups were presented with the inventory. An
additional student subcommittee met to discuss the effectiveness of current methods and
content. Suggestions for outreach changes made during the presentations based on the content
effectiveness are reflected in the recommendations of this report.
Recommendations
The recommendation is to collaboratively create an annual communications plan containing
neighborhood wellness messages and a process for communicating the information effectively
to maximize resources. The communication plan should be reassessed annually to evaluate
effectiveness and to ensure resources are not duplicated or wasted. Communications plan
participants could consist of representatives from Cal Poly, Cuesta College and the city.
Suggestions for the Subcommittee
Produce a variety of impactful electronic and print media to educate residents on
property maintenance standards, with a specific focus on repeat offenders in
neighborhoods
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Revive the Off-Campus Housing Guide (University of Colorado, Boulder)
Produce video for new Cuesta College students to view as part of the required online
orientation on “how to be a good neighbor”
Produce “good neighbor” and Safety Enhancement Zone videos for
www.respectslo.com (Linked to Cal Poly websites and campus television stations)
Cal Poly University Housing bulletin boards made available for “good neighbor” and
Safety Enhancement Zone messaging
Cuesta College bulletin boards are made available for “good neighbor” and Safety
Enhancement Zone messaging.
Create and play radio public service announcements on KCPR
Conduct annual presentations to Block P – Cal Poly Athletics
Develop an information distribution plan with off-campus housing providers and
property management; request Safety Enhancement and good neighbor materials be
posted
Housing resident assistant training to include off-campus impacts
Create better avenues of communication with Greek Life house owners
Produce Safety Enhancement Zone door hangers
Produce banners and sandwich boards to be displayed in the Cal Poly and Cuesta
College university unions about community and neighborhood wellness issues
Produce table tents in Cal Poly University Union and Cuesta College cafeteria
Involve off-campus housing providers (property management companies, housing
complex managers) in outreach efforts
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Create an annual
communications plan
containing neighborhood
wellness messages and a
process for
communicating the
information effectively to
maximize resources
Effectively inform the
community on matters of
neighborhood wellness
City of San Luis
Obispo
Winter 2015
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Goal
The purpose of objective six of the report is to ensure that the plans developed in objectives one
through five are implemented, assessed, and folded into the regular operations of the
appropriate agency (for ongoing efforts). Additionally, the goal is to sustain regular
communications between Cal Poly, Cuesta College, the City of San Luis Obispo, residents and
students.
OBJECTIVE SIX: Prepare for sustained engagement to achieve desired vision & goal
Champions
Dr. Keith Humphrey, Cal Poly
Sandee McLaughlin, Cuesta College
Background
Neighborhood wellness issues in San Luis Obispo have historically been fragmented within
each agency by implementing its own projects, causing confusion among year-round residents,
and limiting the effectiveness of each individual effort. There is a unified desire among all
constituencies in San Luis Obispo to see the quality of life improve in neighborhoods, and a
structure to coordinate these efforts was missing. For almost three decades, the Student-
Community Liaison Committee (SCLC) has brought the students of Cal Poly and Cuesta
College together with city officials and residents for communication and discussion. This forum
has been valuable to all parties, as any culture change related to neighborhood wellness rests
with the students.
Recommendations
Re-invest in the Student-Community Liaison Committee
The Student-Community Liaison Committee should assess the effectiveness of each
recommendation once they have been implemented
Shift SCLC memberships
Host an annual town hall meeting
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Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Re-invest in the Student-
Community Liaison
Committee
Become the coordinating
body responsible for
monitoring the
recommendations, once
adopted by the city council,
Cal Poly and Cuesta
College
SCLC Fall 2015, ongoing
The Student-Community
Liaison Committee should
assess the effectiveness of
each recommendation
once they have been
implemented
Recommend the
appropriate changes, and
produce an annual report
on the state of
neighborhood wellness in
the City of San Luis Obispo
SCLC Ongoing
Shift SCLC memberships SCLC memberships should
be reevaluated to directly
involve those individuals
(by their position) most
directly involved in
neighborhood wellness
SCLC Spring 2016
Host an annual town hall
meeting
Present their report to the
community, receive
feedback and suggestions
from the broader San Luis
Obispo community
SCLC Spring 2016,
ongoing
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- Enhancing the quality of life for all residents -
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