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HomeMy WebLinkAbout12-15-2015 Council Agenda Packet Tuesday, December 15, 2015 4:00 PM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx PUBLIC COMMENT ON CLOSED SESSION ITEM CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation include allegations by the group California River Watch in a letter to the City from its counsel, Jack Silver, that the City has committed violations of the Clean Water Act. The letter, dated October 8, 2015, is on file with the City Clerk. B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation are the procurement and installation of equipment included in the 2015-17 Financial Plan, but not finally approved in accordance with City purchasing guidelines. San Luis Obispo City Council Agenda December 15, 2015 Page 2 C. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9; Name of case: State Water Resources Control Board Case No. SWB-2008-3-0016 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APNs 002-416-031, 002-416-035 and 002-416-038 Negotiating parties: City of San Luis Obispo: Katie Lichtig, Derek Johnson, J. Christine Dietrick, Anne Russell, Michael Codron and Lee Johnson San Luis Obispo Court Street, LLC: Tom Copeland, Suzanne Fryer, Mark Rawson (aka San Luis Obispo Chinatown, LLC) Under negotiation: Price and terms of payment E. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9; Name of case: San Luis Obispo Police Officers Association v. City of San Luis Obispo; State of California Public Employment Relations Board Case No. LA-CE-729-M ADJOURN TO REGULAR MEETING OF JANUARY 5, 2016 San Luis Obispo City Council Agenda December 15, 2015 Page 3 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Council Member Ashbaugh CITY ATTORNEY REPORT ON CLOSED SESSION PRESENTATIONS 1. PROCLAMATION - RON MUNDS RETIREMENT (MARX – 5 MINUTES) Presentation of a Proclamation to Ron Munds, Utilities Service Manager, recognizing his upcoming retirement with the City of San Luis Obispo. 2. PROCLAMATION - COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO COUNTY, INC (CAPSLO) (MARX – 5 MINUTES) Presentation of a Proclamation to Elizabeth "Biz" Steinberg representing Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO), recognizing CAPSLO's 50th Anniversary. 3. PRESENTATION BY CHRIS KOFRON, REPRESENTING U.S. FISH AND WILDLIFE SERVICE, PRESENTING A CONSERVATION AWARD TO THE CITY OF SAN LUIS OBISPO (HILL/OTTE – 10 MINUTES) 4. PRESENTATION BY RON REGIER, PERFORMING ARTS CENTER MANAGING DIRECTOR, REGARDING THE PERFORMING ARTS CENTER STRATEGIC PLAN UPDATE (LICHTIG/REIGER – 10 MINUTES) San Luis Obispo City Council Agenda December 15, 2015 Page 4 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 all ow 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 NOVEMBER 3, 2015 (MAIER) Recommendation Approve the Minutes of the City Council meeting of November 3, 2015. 7. FISCAL YEAR 2014-15 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES (JOHNSON) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2014-15 annual report on Development Impact Fees and reaffirming the necessity of development impact fees and a finding that fees are needed in the Airport Area Specific Plan.” San Luis Obispo City Council Agenda December 15, 2015 Page 5 8. AUTHORIZATION FOR SLO TRANSIT OPERATIONS AND MAINTENANCE CONTRACT - REQUEST FOR PROPOSALS (GRIGSBY/ANGUIANO) Recommendation Authorize the issuance of a Request for Proposal (RFP) to operate and maintain the City’s Transit system. 9. 2016 STANDARD SPECIFICATION AND ENGINEERING STANDARD UPDATE (GRIGSBY/LYNCH/ATHEY) Recommendation 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving revised Standard Specifications and Engineering Standards for Construction.” 2. Authorize the City Engineer to release projects currently in design or approved by Council under the 2014 City Standard Specifications on a case by case basis. 10. ORDINANCE NO. 1627 (SECOND READING) - AMEND MUNICIPAL CODE CHAPTER 13.16 TO ALLOW FOR LIMITED INTERIM WATER AND SEWER SERVICE ASSOCIATED WITH FIERO LANE AND CLARION COURT AREA (805 FIERO LANE) (CODRON/CARLONI) Recommendation Adopt Ordinance No. 1627 (2015 Series) entitled “An Ordinance of the Cit y 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).” PUBLIC HEARINGS 11. UPDATE TO NOTIFICATION STANDARDS (CODRON/VAN LEEUWEN – 45 MINUTES) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting revised development review notification requirements,” and direct staff to pursue the additional enhancements to public notification and outreach. San Luis Obispo City Council Agenda December 15, 2015 Page 6 BUSINESS ITEMS 12. ADOPTION OF THE OPEN SPACE MAINTENANCE PLAN (STANWYCK / HILL / OTTE / CARSCADEN / STEPHENSON – 45 MINUTES) Recommendation As recommended by the Parks and Recreation Commission: Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the City of San Luis Obispo 2015 Open Space Maintenance Plan and adoption of a Negative Declaration,” pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15063(b)(2). 13. MEDICAL MARIJUANA RESOLUTION (DIETRICK/CODRON – 20 MINUTES) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, reaffirming that the City’s Permissive Zoning Code prohibits marijuana businesses, operations and uses, including cultivation of medical marijuana in the City, and making a finding that the resolution is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3).” STUDY SESSION 14. 2015 WATER RESOURCES STATUS REPORT (MATTINGLY / FLOYD / METZ / MUNDS – 45 MINUTES) Recommendation Receive and file the 2015 Water Resources Status Report. COUNCIL LIAISON REPORTS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit—3 minutes each. San Luis Obispo City Council Agenda December 15, 2015 Page 7 COUNCIL COMMUNICATIONS (Not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, January 5, 2016 at 6:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100. Page intentionally left blank. City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Tuesday, November 3, 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, November 3, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. NEW HIRES 1. XZANDREA FOWLER, DEPUTY COMMUNITY DEVELOPMENT DIRECTOR - LONG RANGE PLANNING Community Development Director Codron introduced Xzandrea Fowler as the new Deputy Community Development Director. 2. XENIA BRADFORD, BUDGET MANAGER Assistant City Manager Johnson introduced Xenia Bradford as the new Budget Manager. PRESENTATION 3. PROCLAMATION - ARBOR DAY Mayor Marx presented a proclamation to Urban Supervisor/City Arborist Combs, declaring November 7, 2015 as “Arbor Day.” Urban Supervisor/City Arborist Combs invited the public to “Arbor Day in SLO,” celebrating Arbor Day on Saturday, November 7, 2015 from 10:00 A.M. – 12:00 P.M. at Fire Station #1, 2160 Santa Barbara St. 6.a Packet Pg. 8 Attachment: a - Minutes of November 3, 2015 (1212 : Minutes of November 3, 2015) San Luis Obispo City Council Minutes of November 3, 2015 Page 2 APPOINTMENTS 4. APPOINTMENTS TO THE JACK HOUSE COMMITTEE (JHC) AND MASS TRANSPORTATION COMMITTEE (MTC) Assistant City Clerk Maier reviewed the contents of the Council Agenda Report. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to appoint Robert Mills to the Jack House Committee, as the Member-at-Large representative, to complete an unexpired term through March 31, 2017; and appoint Cheryl Andrus to the Mass Transportation Committee to serve as the Cal Poly representative. PUBLIC COMMENT PERIOD Diane Duenow, San Luis Obispo, requested that the City Council agendize an item related to limiting alcohol outlets in the downtown. Jim Duenow, San Luis Obispo, spoke about public safety and the increase in crime in the downtown; opined that the City of San Luis Obispo is not the happiest place to live. Elizabeth Thyne, San Luis Obispo, inquired to staff as to why new developments in the downtown are continuously approved with alcohol outlets; opined that the alcohol outlets will disturb the residence that live in the downtown. Harry Busselen, San Luis Obispo, expressed concerns regarding the City’s creeks; explained that per the Waterway Management Plan, maintenance of creeks were to occur in the summer; opined that the creek cleanup did not occur. Joseph Abrahams, San Luis Obispo, spoke about his past career in the army; expressed disappointment regarding the increase of alcohol outlets in the downtown; stated that public health and safety needs to be a priority of the City. Donald Hedrick, San Luis Obispo, expressed concerns with the alcohol outlets in the downtown; voiced concerns about City government; opined that geoengineering that is affecting the trees in the City. Jeff Grandinetti, Atascadero, questioned staff about the City’s noise ordinance; voiced concerns regarding a past incident that involved the Police Department staff; stated that the arriving officers did not measure the decibel reading at the incident; requested that staff clarify the language in the unruly gathering ordinance under definitions regarding unpermitted live music. James Lopes, Save Our Downtown, spoke about a future rezoning project that limits the number of bars in the downtown; stated that the Alcohol Beverage Control (ABC) identified an undue concentration of alcohol outlets in the City; noted that the crime rate in the City had increased due to the increase number of alcohol outlets. 6.a Packet Pg. 9 Attachment: a - Minutes of November 3, 2015 (1212 : Minutes of November 3, 2015) San Luis Obispo City Council Minutes of November 3, 2015 Page 3 In response to public comment, Community Development Director Codron summarized the history of the rezoning regulations regarding alcohol outlets in the downtown; explained that the proposed user permit process, noting that in August 2013 a study session was presented to the City Council to assess and consider a moratorium on new alcohol outlets in the downtown as part of the City’s 2013-15 financial plan and to adopt code amendments regarding alcohol concentration evaluations; stated that City Council directed staff not to pursue the new code amendments and to defer the discussion to be part of the Land Use and Circulation Element Update; asserted that the City did not approve any new bars or taverns in the downtown during that time period; noted that new restaurants have been established; stated that staff will provide the City Council an update on permit activity on account of the last study session in 2013. In response to public comment, City Manager Lichtig explained that staff will provide Council with an update to the City’s preparedness for El Niño; stated that a multidepartmental team was created to help develop an action plan; noted that the intent for the preparedness is to have ongoing communication with the City Council and the community. In response to public comment, City Attorney Dietrick stated that she cannot directly address Mr. Grandinetti’s comment regarding a past incident that involved Police Department staff due to the fact that she has not been given any background information on the incident; explained that the City’s Municipal Code does regulate noise disturbances emanating more than 50 feet from the noise maker creating a disturbance across a property line; noted that there is an appeals process related to citations. CONSENT AGENDA MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to approve Consent Calendar Items 5 thru 7, with the removal of Item 8 for separate consideration. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 6. AUTHORIZE A REQUEST FOR PROPOSALS FOR MANAGEMENT AND BENEFICIAL REUSE OF BIOSOLIDS MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to: 1. Authorize the issuance of a Request for Proposals (RFP) for management and beneficial reuse of biosolids, Specification No. 91429. 2. Authorize the City Manager to award an agreement if the selected proposal is within the Water Resource Recovery Facility’s approved operating budget line item for biosolids reuse of $206,000 for fiscal year 2015-16 and $210,000 for fiscal year 2016-17. 3. Authorize the continuation of the contract with Engle and Grey, Inc., on a month-by- month basis until a new contractor is selected. 6.a Packet Pg. 10 Attachment: a - Minutes of November 3, 2015 (1212 : Minutes of November 3, 2015) San Luis Obispo City Council Minutes of November 3, 2015 Page 4 7. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2015, SPECIFICATION NO. 91308 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to: 1. Award a contract to Maino Construction Company, Inc. for the construction of the Community Development Block Grant (CDBG) Curb Ramps 2015 project, for the lowest responsible base bid amount of $238,000, and additive alternate bid of $26,000, for a total contract amount of $264,000. 2. Approve the transfer of $130,000 from the Master Street Reconstruction and Resurfacing Account to the CDBG Curb Ramps 2015 project’s construction phase. 8. APPOINTMENT OF FIVE MEMBERS TO THE DOWNTOWN CONCEPT PLAN CREATIVE VISION TEAM Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY MAYOR MARX, FAILED 2-3 (COUNCIL MEMBERS CARPENTER, CHRISTIANSON, AND RIVOIRE VOTING NO), to approve recommendations to appoint Vicente del Rio, Jaime Hill, Matt Quaglino, Annie Rendler, Charles Stevenson and to include two additional members: Jim Burrows and Thom Brajkovich to the Downtown Concept Plan Creative Vision Team. Following discussion, MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Approve the recommendations of the Council Subcommittee, appoint Vicente del Rio, Jaime Hill, Matt Quaglino, Annie Rendler and Charles Stevenson, to the Downtown Concept Plan Creative Vision Team. 2. Adopt Resolution No. 10673 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, creating the Creative Vision Team for the Downtown Concept Plan Update and defining its term and charge.” Vice Mayor Ashbaugh noted for the record that the public is welcome to participate as observers and commenters once the Downtown Concept Plan is established. PUBLIC HEARINGS 9. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT Tourism Manager Cano reviewed the contents of the Council Agenda Report. Mayor Marx opened and closed the public hearing, there being no others desiring to speak on this item. 6.a Packet Pg. 11 Attachment: a - Minutes of November 3, 2015 (1212 : Minutes of November 3, 2015) San Luis Obispo City Council Minutes of November 3, 2015 Page 5 Assistant City Clerk Maier stated that there were no written protests received and validated in advance of the Public Hearing and in addition there were no protests received during the Public Hearing. Therefore, based on the total percentage needed, a legally sufficient protest was not received. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to adopt Resolution No. 10674 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District, and affirming the establishment of the district,” for fiscal year 2015- 16. 10. AMENDMENT TO THE WATER EFFICIENT LANDSCAPE STANDARDS IN CHAPTER 17.87 OF THE ZONING REGULATIONS AND SECTION 1010 H OF THE CITY ENGINEERING STANDARDS UNIFORM DESIGN CRITERIA FOR LANDSCAPING AND IRRIGATION - ORDINANCE INTRODUCTION Utilities Director Mattingly and Utilities Services Manager Munds narrated a PowerPoint presentation entitled “Proposed Amended Water Efficient Landscape Ordinance & Standards,” and responded to Council inquiries. Mayor Marx opened the Public Hearing. Jim Burrows, San Luis Obispo, urged Council to adopt the proposed amendments to the Water Efficient Landscape Standards ordinance. Donald Hedrick, San Luis Obispo, voiced concerns regarding the impacts of geoengineering and chemtrails on exacerbated drought conditions. There being no others desiring to speak on this item, the public hearing was closed. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Introduce Ordinance No. 1626 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.87 of the City of San Luis Obispo’s Municipal Code,” to update the water efficient landscape standards. 2. Adopt Resolution No. 10675 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a revision to Engineering Standard 1010 H. Landscaping and Irrigation.” 6.a Packet Pg. 12 Attachment: a - Minutes of November 3, 2015 (1212 : Minutes of November 3, 2015) San Luis Obispo City Council Minutes of November 3, 2015 Page 6 BUSINESS ITEMS 11. MISSION PLAZA CEDAR TREE Public Works Director Grigsby and Urban Supervisor/City Arborist Combs narrated a PowerPoint presentation entitled “Mission Plaza Cedar Tree,” and responded to Council inquiries. Michael LaFreniere, Atascadero, voiced concerns regarding the location of the Mission Plaza cedar tree; stated that the tree obstructs the view of the Mission as well as devalues the property; opined that the Mission has a historical presence nationally and worldwide. Jim Nisbet, San Luis Obispo, spoke about his past career as pastor of the Mission from 1980-1995; expressed concerns regarding the placement of the Mission Plaza cedar tree. Terry Burrows, San Luis Obispo, thanked staff for their work efforts in the City; questioned whether landscape architects were consulted regarding the placement of the cedar tree; inquired why the iconic view of the Mission was not addressed. Dan Krieger, San Luis Obispo, expressed concerns regarding the other living trees in the Mission plaza, noting that the eucalyptus trees are nonnative and do not belong in the plaza; opined that there was a lack of communication with staff regarding the placement of the cedar tree; recommended that the tree stay at its current location until after the holiday season. Donald Hedrick, San Luis Obispo, stated that the cedar tree is obstructing the iconic view of the Mission; opined that the tree is growing too close to the Mission; suggested moving the tree to near the Warden Bridge in the plaza. Liz Krieger, San Luis Obispo, spoke on her religious background as a child; stated that the cedar tree does not belong in the plaza; opined that that the tree should remain in place at its current location until after the holiday season. George Abraham, San Luis Obispo, stated that he is a docent at the Mission Church, noting that the church gives daily tours to people all over the world; urged Council to remove the cedar tree as it is obstructing the view of the Mission. In response to public comment, Urban Supervisor/City Arborist Combs stated that the cedar tree could be transplanted to another location; explained the difficulties of moving the tree and the costs associated with the transportation; noted that moving the tree could cause stress on the tree and could greatly reduce the tree’s survival rate. Following discussion, MOTION BY MAYOR MARX, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 4-1 (COUNCILMEMBER CHRISTIANSON VOTING NO), to remove the Deodar Cedar Tree after the holiday season and to move it from its present location to another location. A decision shall be made about the proper placement to replant the live tree through the Mission Plaza Planning Process. 6.a Packet Pg. 13 Attachment: a - Minutes of November 3, 2015 (1212 : Minutes of November 3, 2015) San Luis Obispo City Council Minutes of November 3, 2015 Page 7 12. CITY OF SAN LUIS OBISPO POLICE DEPARTMENT FIVE-YEAR STRATEGIC PLAN 2016-2021 This item was continued to a future City Council Meeting to be held on March 15, 2016. 13. DISCUSS AND CONSIDER CREATING A COUNCIL COMPENSATION COMMITTEE FOR 2016 Assistant City Clerk Maier narrated a PowerPoint presentation entitled “Council Compensation Committee,” and responded to Council inquiries. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCILMEMBER CARPENTER, CARRIED 5-0, to defer the Council compensation package to 2017/18. LIAISON REPORTS Council liaison reports were received from Vice Mayor Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS Mayor Marx provided an update to the newly created Administrative Review Board; explained the purpose of the committee and stated that applicants are encouraged to apply; noted that the deadline to apply is November 20, 2015. ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, November 17, 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. __________________________ Jon Ansolabehere Interim City Clerk APPROVED BY COUNCIL: XX/XX/2015 6.a Packet Pg. 14 Attachment: a - Minutes of November 3, 2015 (1212 : Minutes of November 3, 2015) Page intentionally left blank. Meeting Date: 12/15/2015 FROM: Derek Johnson, Interim Director of Finance and Information Technology SUBJECT: FY 2014-15 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES RECOMMENDATION 1. Review the 2014-15 Fiscal Year Report on Development Impact Fees; and 2. Adopt a Resolution (Attachment A) accepting the report and making findings related to impact fee balances. DISCUSSION Staff has prepared this report in compliance with the requirements of AB 1600 and the required disclosures in the attached report. This report as required by AB 1600 identifies the amount of each fee collected, the disbursements made from each fee type, and the amount of interest apportioned to each fee balance during the 2014-15 fiscal year. Also, a report has been prepared that reflects, for each fee type, the aging of the balance held by the City. This report has been available for public inspection, in the Finance Department, for 15 days prior to tonight’s meeting. . Notice was posted on the City Clerk’s bulletin board in front of City Hall on November 30, 2015. The schedules referred to above provide a breakdown of the individual fee balances on hand as of June 30, 2014, based on unaudited information. The statutes specify that this report shall include the following information: 1. The amount of each fee. 2. The amount of developer fees disbursed on each project for the year just ended. 3. The amount of developer fees collected for the year just ended. 4. The amount of interest earned by the developer fees for the year just ended. 5. Any other income received that is related to the projects, if applicable. 6. The beginning and ending fund balance for each development fee account. 7. The total cost of projects undertaken during the last year and the percentage of the project cost paid out of developer fees. 8. The identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. 9. The amount and purpose of all interfund transfers during the last year. 7 Packet Pg. 15 10. The following is a brief description of the purpose of the fee and the nature of projects funded in the current year. Transportation Impact Fee This impact fee was established for the expansion of transportation facilities and travel lanes within the City. There were ten active projects funded by this fee during the most recent fiscal year. The largest of those projects was the Los Osos Valley Road/US101 Interchange Project. As of June 30, 2015, the account held $ 1,471,571. No refund of impact fees were requested or made. With respect to the current projects, the following are incomplete and will require additional resources beyond the current fiscal year and beyond the five years since collected: Prado Road Bridge Widening – The project will need to compete for grant funds to complete. Impact fees will be available as a local match with construction start anticipated for 2018 -19. Los Osos Valley Road Interchange – This project will be completed in 2015-16 with funds coming from state grants totaling $16 million and bond proceeds in the amount of $7.5 million that will be paid for by TIF fees and LOVR Sub Area Fees. Railroad Safety Trail, Taft to Pepper – This project will be completed upon the receipt of up to $3.24 million in grant funds, which are anticipated to become available in 2017-18. Airport Area Impact Fee This impact fee was established for the expansion of transportation facilities and travel lanes within the City. There were ten active projects funded by this fee during the most recent fiscal year. The largest of those projects was the Los Osos Valley Road/US101 Interchange Project. As of June 30, 2015, the account held $ 1,471,571. No refund of impact fees were requested or made. With respect to the current projects, the following are incomplete and will require additional resources beyond the current fiscal year and beyond the five years since collected: Prado Road Bridge Widening – The project will need to compete for grant funds to complete. Impact fees will be available as a local match with construction start anticipated for 2018 -19. Santa Fe Bridge. The Santa Fe Bridge will be replaced with a source of grant funding and TIF fees. Los Osos Valley Road Interchange – This project will be completed in 2015-16 with funds coming from state grants totaling $16 million and bond proceeds in the amount of $7.5 million that will be paid for by TIF fees and LOVR Sub Area Fees. Railroad Safety Trail, Taft to Pepper – This project will be completed upon the receipt of up to $3.24 million in grant funds, which are anticipated to become available in 2017-18. 7 Packet Pg. 16 Specifically, there are not sufficient funds available at this time to compl ete projects identified in the AASP program. These include financing of improvements on Tank Farm Road and completing the Santa Fe Bridge project. Council needs to make a finding that the AASP funds are being held for these purposes. Unless this finding is made, the collected fees will need to be refunded to the current record owner or owners of lots or units of the development project. Los Osos Valley Road Impact Fee This impact fee was established for the expansion of capacity for Los Osos Valley Road. The only project funded during the fiscal year from these fees was for design services of the Los Osos Valley Road/US101 Interchange Improvements. In addition, the city recorded a liability for the reimbursement owed to a developer for an amount equal to the impact fees collected for the year. The purpose was to account for the reimbursement agreement for improvements in excess of their fair share requirements. As of June 30, 2015 the account held $146,724. No refund of impact fees were requested or made. With respect to the current projects, the following is incomplete and will require additional resources beyond the current fiscal year: Los Osos Valley Road Interchange – This project will be completed in 2015-16 with funds coming from state grants totaling $16 million and bond proceeds in the amount of $7.5 million that will be paid for by TIF fees and LOVR Sub Area Fees. Water Impact Fees This fee was established for the expansion and improvement of facilities used for water supply, water treatment and water distribution The fees are used for debt service for the following projects: 1. Nacimiento Pipeline 2. Water Reuse Project Loan 3. 2006 Water Treatment Plant Debt Service 4. 2012 Water Refunding Debt Service All listed projects are 100% complete. Fees collected and retained are used for debt service and new development’s fair share of funding upgrades water treatment plan upgrades. The balance of funds as of June 30, 2015 is $615,643. No funds have been held longer than five years. No refund of impact fees were requested or made. Sewer Impact Fee This impact fee was established for the expansion and improvement of facilities used for sewer collection and sewer treatment. As of June 30, 2015, the account was in deficit in the amount of $2,464,295. No refund of impact fees were requested or made. The fees were used for the following projects: 1. Laguna Lift Station 2. Calle Joaquin Lift Station 7 Packet Pg. 17 3. Margarita Lift Station 4. WRRF Upgrade 5. Tank Farm Lift Station 6. State Revolving Loan Debt Service The Laguna and Tank Farm lift stations are complete. However, new development in those areas has not progressed at a rate to pay its share of the lift station improvements. The Calle Joaquin and Margarita lift stations are moving forward. Those lift stations are currently in the design phase. The negative balance of $2,464,295 as of June 30, 2015 is a point in time and will be addressed as new development pays impact fees during the subsequent fiscal year. This reflects the fact that improvements were needed for the orderly development of the City and the negative balance will be corrected with future impact fee payments that will be paid during the next few fiscal years. Margarita Area Transportation Impact Fee Fee credits and impact fee loans were made consistent with the Council’s authorization in April 2012 to fund the first phase of the construction of Prado Road. The City Council approved concurrently approved a reimbursement agreement with the developer’s for the Serra Meadow’s tracts that provided for these loans and credits. As of June 30, 2015, total MASP Transportation Impact Fee credits issued were $1,383,649 and MASP Park Fee Credits were $1,052,718 for a total fee credit of $2,436,367. The estimated Prado Road improvements to be reimbursed as of June 30, 2015 are $3,479,297. It is anticipated that Serra Meadow impact fee credits will be sufficient to fund the first phase of Prado Road and that MASP Park Impact Fees will be repaid with impact fees paid by the Moresco Tract. Other Fees Presented Parkland Impact Fee This fee was established under the Quimby Act and as such is not an Impact Fee. The fee is charged to residential development for the expansion of parkland, park facilities and other recreational structures and is presented here for information purposes only. The only outflow of funding from this fee for the most recent fiscal year was for the Skate Park design and construction work. At June 30, 2015 the account balance was $ 624,9371. Open Space In-Lieu Fees This fee was established for the acquisition and expansion of open space for the City and only a portion of the balance are impact fees as defined by AB 1600. The only expenditures for the fiscal year in this account was for the Froom Ranch Improvements and Calle Joaquin Ag Reserve. At June 30, 2015 the account held $503,979, but only $26,644 is attributable to impact fees. No refunds were made or requested. 1 $200,000 was allocated in the 2015-2016 budget for improvements and as of June 30, 2015, $424,937 is available for future allocation. 7 Packet Pg. 18 Affordable Housing Inclusionary Fees This impact fee was established for funding affordable housing inclusionary programs in the City and is also not an impact fee as defined by AB 1600. There were only two expenditures for the fiscal year in this account. One was a contribution to the SLO County Housing Trust Fund which was recently authorized by the City Council for an amount of $30,000. The other expenditure was an operating transfer to the City’s Community Development Block Grant Fund for staff salaries related to administration and oversight of these activities. At June 30, 2015 the account held $1,699,072. CONCURRENCES The Public Works and Utilities Departments concur with the recommendations contained within this report. FISCAL IMPACT This report recommends making the findings called for in the resolution in order to allow the impact be retained by the City to fund identified projects. The in-lieu fees which have balances are not subject to the same finding requirement to allow their retention, but staff has included a finding in the resolution affirming the need for retention of these monies. ALTERNATIVES Council could choose not to make the findings called for in this report. This is not recommended since it means that impact fees that were collected for future projects must be refunded to the developers who paid them and the City will lack the funds necessary to complete the planned projects. Attachments: a a - DIF Resolution 2015 b b - DIF Annual Report c c - Developer Fee Schedules 2015 7 Packet Pg. 19 RESOLUTION NO. ______________ (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE 2014-15 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES AND REAFFIRMING THE NECESSITY OF DEVELOPMENT IMPACT FEES AND A FINDING THAT FEES ARE NEEDED IN THE AIRPORT AREA SPECIFIC PLAN WHEREAS, the City of San Luis Obispo (“City”) is required to make certain findings every five years with respect to the unexpended fund balance of certain development impact fee funds pursuant to California Government Code section 66001; and WHEREAS, the documents reflecting the balance in each development impact fee fund or account, accrued interest in said fund or account and the amount of expenditure by public facility for the fiscal year have been made available for public view as required by Government Code section 66006. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Recitals. All of the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Acceptance. The 2014-15 Annual Report on Development Impact Fees is hereby accepted. SECTION 3. Findings. The following findings are made as required under Government Code section 66001: 1. The purpose to which each Development Impact Fee is to be put has been identified. 2. There is a continued need for the improvements and that there is a reasonable relationship between the fee and the impacts for development for which the fees are collected. 3. The sources and amounts of funding anticipated to complete the financing of capital projects have been identified and will be deposited into the appropriate account upon receipt or during the normal capital improvement program budget cycle. 4. As of June 30, 2015, the balance in Account 450, Airport Area Impact Fee of $349,383 has been has been held longer than five years. At this time, the City Council finds that these uncommitted funds have a specified purpose for projects identified in the adopted Airport Area Specific Plan and related fee programs and that there is a reasonable relationship between the fee and the purpose for which it was charged. Presently, there are not sufficient funds available to complete projects identified in the AASP program, such as the financing of improvements on Tank Farm Road or the Santa Fe Road Bridge Realignment. In FY 15-16 the Council has allocated $50,000 to commence a Project Study Report for the Santa Fe Road Bridge Relocation project to determine project 7.a Packet Pg. 20 Attachment: a - DIF Resolution 2015 (1195 : 2014-2015 Annual AB 1600 Report) Resolution No. _____ (2015 Series) Page 2 R ______ alternatives and costs for programming of design and environmental work in FY 2016- 17. AASP Fees are being held in the account for these purposes and other AASP purposes. 5. A copy of the approved resolution shall be forwarded to the Director of Finance for use in overseeing these monies. SECTION 4. These findings are based, in part, on information provided in the City of San Luis Obispo’s 2015-17 Capital Improvement Plan. Upon motion of ______________, seconded by _____________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 15th day of December, 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 7.a Packet Pg. 21 Attachment: a - DIF Resolution 2015 (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo This report as required by AB 1600 identifies the amount of each fee collected, the disbursements made from each fee type and the amount of interest apportioned to each fee balance during the 2014-15 fiscal year. Also, a report has been prepared that reflects, for each fee type, the aging of the balance held by the City. This report has been available for public inspection 15 days prior to tonight’s meeting in the Finance Department. Notice was posted on the City Clerk’s bulletin board in front of City Hall on November 30, 2015. The schedules referred to above provide a breakdown of the individual fee balances on hand as of June 30, 2014 based on unaudited information. The statutes specify that this report shall include the following information: 1. The amount of each fee. 2. The amount of developer fees disbursed on each project for the year just ended. 3. The amount of developer fees collected for the year just ended. 4. The amount of interest earned by the developer fees for the year just ended. 5. Any other income received that is related to the projects, if applicable. 6. The beginning and ending fund balance for each development fee account. 7. The total cost of projects undertaken during the last year and the percentage of the project cost paid out of developer fees. 8. The identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. 9. The amount and purpose of all interfund transfers during the last year. 10. The following is a brief description of the purpose of the fee and the nature of projects funded in the current year. Transportation Impact Fee This impact fee was established for the expansion of transportation facilities and travel lanes within the City. There were ten active projects funded by this fee during the most recent fiscal year. The largest of those projects was the Los Osos Valley Road/US101 Interchange Project. As of June 30, 2015, the account held $ 1,471,571. No refund of impact fees were requested or made. With respect to the current projects, the following are incomplete and will require additional resources beyond the current fiscal year and beyond the five years since collected: Prado Road Bridge Widening – The project will need to compete for grant funds to complete. Impact fees will be available as a local match with construction start anticipated for 2018-19. Los Osos Valley Road Interchange – This project will be completed in 2015-16 with funds coming from state grants totaling $16 million and bond proceeds in the amount of $7.5 million that will be paid for by TIF fees and LOVR Sub Area Fees. Railroad Safety Trail, Taft to Pepper – This project will be completed upon the receipt of up to $3.24 million in grant funds, which are anticipated to become available in 2017-18. 7.b Packet Pg. 22 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) Airport Area Impact Fee This impact fee was established for the expansion of transportation facilities in and around the airport area. The only project funded during the fiscal year from these fees was the Airport Area Specific Plan design services. As of June 30, 2015 the account held $937,895. $23,487 was spent for widening Tank Farm Road. . No refund of impact fees were requested or made. $349,383 in Airport Area Impact Fees have been held longer than five years and the collected funds are not sufficient to initiate and complete projects identified in the AASP fee program and therefore need to be retained until adequate funding is available to fund needed improvements. With respect to the current projects, the following are incomplete and will require additional resources beyond the current fiscal year and beyond the five years since collected: Santa Fe Bridge Realignment – The project will need to compete for grant funds to complete. Impact fees will be available as a local match. $50,000 in AASP fees have been programmed to commence a project study report in FY 2015-16 to determine project eligibility for grant funding and design alternatives. Additional programming of AASP fees for design and environmental work for this project will be necessary in FY 16-17. Specifically, there are not sufficient funds available at this time to complete projects identified in the AASP program. These include financing of improvements on Tank Farm Road and completing the Santa Fe Bridge project. Council needs to make a finding that the AASP funds are being held for these purposes. Unless this finding is made, the collected fees will need to be refunded to the current record owner or owners of lots or units of the development project. Los Osos Valley Road Impact Fee This impact fee was established for the expansion of capacity for Los Osos Valley Road. The only project funded during the fiscal year from these fees was for design services of the Los Osos Valley Road and Highway 101 Interchange Improvements. In addition, the city recorded a liability for the reimbursement owed to a developer for an amount equal to the impact fees collected for the year. As of June 30, 2015 the account held $146,724. No refund of impact fees were requested or made. With respect to the current projects, the following is incomplete and will require additional resources beyond the current fiscal year: Los Osos Valley Road Interchange – This project will be completed in 2015-16 with funds coming from state grants totaling $16 million and bond proceeds in the amount of $7.5 million that will be paid for by TIF fees and LOVR Sub Area Fees. Water Impact Fees This fee was established for the expansion and improvement of facilities used for water supply, water treatment and water distribution The fees are used for debt service for the following projects: 1. Nacimiento Pipeline 2. Water Reuse Project Loan 3. 2006 Water Treatment Plant Debt Service 4. 2012 Water Refunding Debt Service 7.b Packet Pg. 23 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) All listed projects are 100% complete. Fees collected and retained are used for debt service and new development’s fair share of funding upgrades water treatment plan upgrades. The balance of funds as of June 30, 2015 is $615,643. No funds have been held longer than five years. No refund of impact fees were requested or made. Sewer Impact Fee This impact fee was established for the expansion and improvement of facilities used for sewer collection and sewer treatment. At June 30, 2015 the account was in deficit in the amount of ($2,464,295). No refund of impact fees were requested or made. The fees were used for the following projects: 1. Laguna Lift Station 2. Calle Joaquin Lift Station 3. Margarita Lift Station 4. WRRF Upgrade 5. Tank Farm Lift Station 6. State Revolving Loan Debt Service The Laguna and Tank Farm lift stations are complete. However, new development in those areas has not progressed at a rate to pay its share of the lift station improvements. The Calle Joaquin and Margarita lift stations are moving forward. Those lift stations are currently in the design phase. The negative balance of ($2,464,295) as of June 30, 2015 is a point in time and will be addressed as new development pays impact fees during the subsequent fiscal year. This reflects the fact that improvements were needed for the orderly development of the City and the negative balance will be corrected with future impact fee payments that will be paid during the next few fiscal years. Margarita Area Impact Fee Fee credits and impact fee loans were made consistent with the Council’s authorization in April 2012 to fund the first phase of the construction of Prado Road. The City Council concurrently approved a reimbursement agreement with the developer’s for the Serra Meadow’s tracts that provided for these loans and credits. As of June 30, 2015, total MASP Transportation Impact Fee credits issued were $1,383,649 and MASP Park Fee Credits were $1,052,718 for a total fee credits of $2,436,367. The estimated Prado Road improvements to be reimbursed as of June 30, 2015 are $3,479,297. It is anticipated that Serra Meadow impact fee credits will be sufficient to fund the first phase of Prado Road and that MASP Park Impact Fees will be repaid with impact fees paid by the Moresco Tract. Other Fees Presented Parkland Impact Fee This fee was established under the Quimby Act and as such is not an Impact Fee. The fee is charged against residential development for the expansion of parkland, park facilities and other recreational structures and is presented here for information purposes only. The only outflow of funding from this 7.b Packet Pg. 24 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) fee for the most recent fiscal year was for the Skate Park design and construction work. At June 30, 2015 the account held $ 624,9371 Open Space In-Lieu Fees This fee was established for the acquisition and expansion of open space for the City and is not an Impact Fee as defined by AB 1600. The only expenditures for the fiscal year in this account was for the Froom Ranch Improvements and Calle Joaquin Ag Reserve. At June 30, 2015 the account held $503,979, but only $26,644 is attributable to impact fees. Affordable Housing Inclusionary Fees This impact fee was established for funding affordable housing inclusionary programs in the City and is also not an impact fee as defined by AB 1600. There were only two expenditures for the fiscal year in this account. One was a contribution to the SLO County Housing Trust Fund which was recently authorized by the City Council for an amount of $30,000. The other expenditure was an operating transfer to the City’s Community Development Block Grant Fund for staff salaries related to administration and oversight of these activities. At June 30, 2015 the account held $1,699,072. 1 $200,000 was allocated in the 2015-2016 budget for improvements and as of June 30, 2015, $424,937 is available for future allocation. 7.b Packet Pg. 25 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Transportation Impact Fee Fund 405 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In AB 1600 Expenses Other Expenses AB 1600 Transfers Out Total Ending Balance 2008-09 4,041,419$ 498,385 197,387 668,853 1,829,260 3,576,784$ 2009-10 3,576,784$ 51,942 107,553 399,911 87,221 74,000 864,670 28,700 3,404,041$ 2010-11 3,404,041$ 889,128 72,051 647,363 671,057 114,698 4,226,828$ 2011-12 4,226,828$ 414,282 66,373 - 212,085 780,961 621,064 3,517,543$ 2012-13 3,517,543$ 221,213 13,190 - 1,059,704 1,059,188 818,897 2,933,565$ 2013-14 2,933,565$ 1,002,592 28,352 287,949 421,651 236,955 3,593,852$ 2014-15 3,593,852$ 898,574 51,872 350,172 63,791 49,388 3,533,810 2,268 1,471,571$ Aging of Funds Held Current Yr Funds FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 6 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 950,446 1,030,944 234,403 480,655 961,179 159,495 3,817,122 (2,345,551)$ 1,471,571$ 7.b Packet Pg. 26 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Transportation Impact Fee (Fund 405) Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Non Impact Fee Expenditures Developer Impact Fees Collected Impact Fee Interest Income Other Income 90434 Victoria Avenue Land Acquisition 104,388$ 100%104,388$ -$ 90653 Traffic Volume Counts 5,082$ 100%5,082$ -$ 90821 RRST Phase 4A 1,200$ 100%1,200$ -$ 90949 Traffic Model Update 1,172$ 100%1,172$ -$ 90950 CN RR Safety Trail Lighting 70,277$ 100%70,277$ -$ 91110 RR Safety Trail Hathaway/Taft 2,800$ 19%532$ 2,268$ 91111 RR Safety Trail Taft/Pepr 237,248$ 100%237,248$ -$ 91252 FY Prado Rd Bridge Widen 189,839$ 100%189,839$ -$ 91276 City Traffic Counts 2014 5,529$ 100%5,529$ -$ 99821 Los Osos Valley Road/US 101 Interchange 2,918,543$ 100%2,918,543$ -$ Totals 3,536,078$ 3,533,810$ 2,268$ 898,574$ 51,872$ 463,351$ Available Funds as of June 30, 2014 3,593,852$ Available Funds as of June 30, 2015 1,471,571$ Funds Collected in recent year and prior 5 years 3,817,122$ Funds held longer than 5 years 0 7.b Packet Pg. 27 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Airport Area Impact Fee Fund 450 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In AB 1600 Expenses Developer Reimb AB 1600 Transfers Out Total Ending Balance 2008-09 966,198$ 0 48,509 20,991 993,716$ 2009-10 993,716$ 3,599 31,393 0 1,028,708$ 2010-11 1,028,708$ 0 19,147 19,383 1,028,472$ 2011-12 1,028,472$ 11,280 16,993 35,173 1,021,572$ 2012-13 1,021,572$ 0 4,344 317,712 708,204$ 2013-14 708,204$ 255,011 3,668 9,845 957,038$ 2014-15 957,038$ 4,344 23,487 937,895$ Aging of Funds Held Current Yr Funds FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 6 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 4,344 258,679 3,948 28,273 19,147 34,992 349,383 588,512$ 937,895$ 7.b Packet Pg. 28 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Airport Area Impact Fee (Fund 450) Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Non Impact Fee Expenditures Other Revenues Impact Fee Interest Income Other Income 90588 Tank Farm Broad Inter 23,487$ 100%23,487$ -$ Totals 23,487$ 23,487$ -$ -$ 4,344$ Available Funds as of June 30, 2014 957,038$ Available Funds as of June 30, 2015 937,895$ Funds Collected in recent year and prior 5 years 588,512$ Funds Held Longer than 5 Years 349,383$ 7.b Packet Pg. 29 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Los Osos Valley Road Impact Fee Fund 460 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In AB 1600 Expenses Developer Reimb AB 1600 Transfers Out Total Ending Balance 2008-09 282,240$ 0 48,311 229,058 8,875 92,618$ 2009-10 92,618$ 79,719 15,084 0 4,043 183,378$ 2010-11 183,378$ 11,166 8,599 0 18,963 - 184,180$ 2011-12 184,180$ 1,797,650 18,233 1,622,651 1,576 375,836$ 2012-13 375,836$ 0 1,166 49,577 179,809 147,616$ 2013-14 147,616$ 3,097 7,573 9,979 3,097 145,210$ 2014-15 145,210$ 0 1,514 0 146,724$ Aging of Funds Held Current Yr Funds FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 5 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 1,514 10,670 1,166 1,815,883 19,765 94,803 1,943,801 (1,797,077)$ 146,724$ 7.b Packet Pg. 30 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Los Osos Valley Road Impact Fee (Fund 460) Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Developer Reimbursements Developer Impact Fees Collected Impact Fee Interest Income Other Income No Funds Expended this Year -$ Totals -$ -$ 0 1,514$ Available Funds as of June 30, 2014 145,209$ Available Funds as of June 30, 2015 146,724$ Fees collected in recent year and prior 5 years 1,943,801$ Funds Held Longer than 5 Years 0 7.b Packet Pg. 31 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Water Impact Fee Fund 500 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In AB 1600 Expenses Developer Reimb AB 1600 Transfers Out Total Ending Balance 2008-09 4,426,570$ 777,892 256,300 895,190 122,259 4,687,831$ 2009-10 4,687,831$ 462,231 210,300 970,096 14,918 4,405,184$ 2010-11 4,405,184$ 699,399 104,800 803,305 59,772 4,465,850$ 2011-12 4,465,850$ 643,160 109,029 703,006 0 4,515,033$ 2012-13 4,515,033$ 1,625,113 26,300 3,906,320 41,330 2,301,456$ 2013-14 2,301,456$ 819,477 5,650 2,865,321 261,262$ 2014-15 261,262$ 2,471,502 1,972 2,119,093 615,643$ Aging of Funds Held FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 5 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 2,473,474 825,127 1,651,413 752,189 804,199 672,531 7,178,933 (6,563,290)$ 615,643$ 7.b Packet Pg. 32 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Water Impact Fee (Fund 500) Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Developer Reimbursements Developer Fees Collected Impact Fee Interest Income Other Income 89350 Water Reuse Project Loan Debt Service 116,639$ 59%68,817$ 89350 2006 Water Treatment Plant Debt Service 626,690$ 29%181,740$ Nacimiento Pipeline Project Debt Service 4,713,496$ 39%1,838,263$ 89350 2012 Water Refunding Debt Service 131,621$ 23%30,273$ 2,471,502$ 1,972$ Totals 5,588,446$ 2,119,093$ Available Funds as of June 30, 2014 261,262$ Available Funds as of June 30, 2015 615,643$ Fees collected in recent year and prior 5 years 7,178,933$ Funds Held Longer than 5 Years 0 7.b Packet Pg. 33 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Sewer Impact Fee Fund 520 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In AB 1600 Expenses Developer Reimb AB 1600 Transfers Out Total Ending Balance 2008-09 1,229,684$ 205,929 35,700 528,164 49,055 992,204$ 2009-10 992,204$ 102,301 8,600 854,235 3,733 252,603$ 2010-11 252,603$ 166,937 0 849,584 14,956 (415,088)$ 2011-12 (415,088)$ 141,234 0 655,355 0 (929,209)$ 2012-13 (929,209)$ 355,395 0 1,308,687 9,430 (1,891,931)$ 2013-14 (1,891,931)$ 268,132 0 608,432 (2,232,231)$ 2014-15 (2,232,231)$ 1,160,654 1,092 1,393,810 (2,464,295)$ Aging of Funds Held Current Yr Funds FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 6 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 1,161,746 268,132 355,395 141,234 166,937 110,901 2,204,345 (4,668,640)$ (2,464,295)$ 7.b Packet Pg. 34 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Sewer Impact Fee (Fund 520) Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Developer Reimb Developer Fees Collected Impact Fee Interest Income Other Income 91116 Laguna Lift Station 133,284$ 31.4%41,851$ 91118 Calle Joaquin Lift Station 680,664$ 28.0%190,586$ 91214 Margarita Lift Station 52,863$ 51.0%26,960$ 91219 WRRF Upgrade 1,540,649$ 20.5%315,833$ 89351 Tank Farm Lift Station Debt Service 752,436$ 61.7%464,253$ 89351 State Revolving Loan Debt Service 610,908$ 58.0%354,327$ Totals 3,770,804$ 1,393,810$ 1,160,654$ 1,092 Available Funds as of June 30, 2014 (2,232,231)$ Available Funds as of June 30, 2015 (2,464,295)$ Fees collected in recent year and prior 5 years 2,204,345$ Funds held longer than 5 years 0 7.b Packet Pg. 35 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) In Lieu Fees Not Subject to AB 1600 7.b Packet Pg. 36 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Open Space Impact Fee Fund 430 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In Impact Fee Expenditures Other Expenses AB 1600 Transfers Out Total Ending Balance 2007-08 81,559$ 0 11,997 323,000 22,772 5,000 388,784$ 2008-09 388,784$ 0 16,221 6,436 100 234,000 383,991 261,550$ 2009-10 261,550$ 0 12,706 314,824 10,500 260,378 370,498 489,460$ 2010-11 489,460$ 0 (807) 186,809 153 560,516 115,099$ 2011-12 115,099$ 0 3,336 305,000 240,069 183,366$ 2012-13 183,366$ 0 726 22,500 11,566 195,026$ 2013-14 195,026$ 20,981 3,833 50,204 200,000 58,452 411,592$ 2014-15 411,592$ - 2,289 275,000 38,258 35,000 530,623$ Aging of Funds Held Current Yr Funds FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 5 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 2,289 24,814 726 3,336 (807) 12,706 43,064 530,623$ Balances from Transfers 503,979 Balances attributed to Impact Fees 0 26,644 7.b Packet Pg. 37 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Open Space Impact Fee (Fund 430) Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Non Impact Fee Expenditures Developer Impact Fees Collected Impact Fee Interest Income Other Income 90768 Creek Mitigation 10,000$ 100%10,000$ 91112 Froom Ranch Improvement 38,258$ 100%38,258$ Totals 38,258$ 38,258$ 0 726$ 275,000$ Available Funds as of June 30, 2014 24,814$ Available Funds as of June 30, 2015 26,644$ Fees and Interest Collected in Prior 5 years 43,064$ Funds Held Longer Than 5 Years 0 7.b Packet Pg. 38 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Parkland Impact Fee Fund 420 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In AB 1600 Expenses Developer Reimb AB 1600 Transfers Out Total Ending Balance 2007-08 200,679$ 861,834 38,135 84,326 1,016,322$ 2008-09 1,016,322$ 176,579 54,896 94,781 22,705 1,319,873$ 2009-10 1,319,873$ 36,378 41,787 66,981 1,331,057$ 2010-11 1,331,057$ 35,805 23,628 25,583 169,411 1,246,662$ 2011-12 1,246,662$ 40,135 19,130 214,309 1,091,618$ 2012-13 1,091,618$ 152,217 4,697 11,746 1,236,786$ 2013-14 1,236,786$ 97,535 9,500 173,120 1,170,701$ 2014-15 1,170,701$ 273,647 3,110 822,521 624,937$ Aging of Funds Held Current Yr Funds FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 5 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 276,757 107,035 156,914 59,265 59,433 78,165 737,569 (112,632)$ 624,937$ 7.b Packet Pg. 39 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Parkland Impact Fee (Fund 420) Enacted using the Quimby Act. See note below. Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Non Impact Fee Expenditures Developer Impact Fees Collected Impact Fee Interest Income Other Income 90752 Skate Park Improvement 822,521$ 100%822,521$ Totals 822,521$ 822,521$ -$ 273,647$ 3,110$ Available Funds as of June 30, 2014 1,170,701$ Available Funds as of June 30, 2015 624,937$ Fees and Interest Collected in Prior 5 Years 737,569$ Funds held Longer Than 5 Years 0 7.b Packet Pg. 40 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Developer Impact Fee Compliance 2015 Affordable Housing Inclusionary Impact Fee Fund 470 Fiscal Year Beginning Balance Impact Fees Interest Non AB 1600 Interest Revenue Other Agencies Other Revenue Transfers In AB 1600 Expenses Developer Reimb AB 1600 Transfers Out Total Ending Balance 2007-08 3,811,662$ 682,418 155,631 630,000 4,019,711$ 2008-09 4,019,711$ 465,726 199,625 1,450 892,462 3,794,050$ 2009-10 3,794,050$ 0 32,584 270,000 9,000 3,416,692 21,286 667,656$ 2010-11 667,656$ 332,841 15,988 30,000 3,929 39,854 1,010,560$ 2011-12 1,010,560$ 848,788 21,915 112,696 1,768,567$ 2012-13 1,768,567$ 182,685 7,417 697,000 1,261,669$ 2013-14 1,261,669$ 793,655 52,712 30,000 17,000 2,061,036$ 2014-15 2,061,036$ 159,602 12,882 179,552$ 697,000 17,000 1,699,072$ Aging of Funds Held Current Yr Funds FY 2014-15 1 yr old Funds FY 2013-14 2 yr old Funds FY 2012-13 3 yr old Funds FY 2011-12 4 yr old Funds FY 2010-11 5 yr old Funds FY 2009-10 Funds attributed to recent 5 years If Number is Positive, then Funds subject to findings or refund Total Ending Balance 190,102 846,367 190,102 870,703 348,829 32,584 2,478,687 (779,615)$ 1,699,072$ 7.b Packet Pg. 41 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) City of San Luis Obispo Summary of Local Agency Improvement Fees (AB 1600 Development Impact Fees) Report for Fiscal Year Ended June 30, 2015 Affordable Housing Inclusionary Impact Fee (Fund 470) Project Number Project Name Project Amount Expended Percent Funded by Impact Fees Impact Fee Expenditures Non Impact Fee Expenditures Developer Fees Collected Impact Fee Interest Income Other Income 90496 SLO County Housing Trust Fund 30,000$ 100%30,000$ -$ 91034 313 South Street 650,000$ 100%650,000$ Transfers Out General Fund 17,000$ 100%17,000$ Totals 697,000$ 697,000$ -$ 159,602$ 12,882$ 179,552$ Available Funds as of June 30, 2014 2,728,036$ Available Funds as of June 30, 2015 1,699,072$ Fees and Interest Collected in Prior 5 Years 2,478,687$ Fees Held Longer Than 5 Years 0 7.b Packet Pg. 42 Attachment: b - DIF Annual Report (1195 : 2014-2015 Annual AB 1600 Report) Land Use Type Margarita Tank Farm Silver City Calle Joaquin Laguna EDU* Citywide ResidentialPer UnitSingle Family Residential 1. 0 3, 815$ 2, 808$ 3, 713$ 1, 387$ 1, 871$ Multi- Family Residential 0. 7 2, 670$ 1, 966$ 2, 599$ 971$ 1, 310$ $ 351 Mobile Home 0. 6 2, 289$ 1, 685$ 2, 228$ 832$ 1, 123$ $ 301 Studio Unit ( 450 sf or less) 0. 3 1, 144$ 842$ 1, 114$ 416$ 561$ $ 150 Non- Residential Meter Size5/ 8" to 3/ 4" 1. 0 3, 815$ 2, 808$ 3, 713$ 1, 387$ 1, 871$ $ 501 1 Inch 1. 7 6, 485$ 4, 774$ 6, 313$ 2, 358$ 3, 181$ $ 852 1- 1/ 2 Inch 3. 4 12, 970$ 9, 548$ 12, 626$ 4, 716$ 6, 362$ $ 1, 704 2 Inch 5. 4 20, 600$ 15, 164$ 20, 053$ 7, 490$ 10, 104$ $ 2, 707 3 Inch 10. 7 40, 818$ 30, 047$ 39, 734$ 14, 843$ 20, 020$ $ 5, 364 4 Inch 16. 7 63, 707$ 46, 896$ 62, 015$ 23, 166$ 31, 247$ $ 8, 371 6 Inch 33. 4 127, 413$ 93, 792$ 124, 031$ 46, 332$ 62, 494$ $ 16, 742 WASTEWATER DEVELOPMENT IMPACT FEE SCHEDULE Equivalent dwelling unit Proposed Fees 7/ 1/ 2015 Additional Catchment Area Charges Impact Fee 501Page38 R10640 7.c Packet Pg. 43 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 EDU* Citywide Residential: Per Unit Single Family Residential 1. 0 $ 10, 775 $ 11, 023 Multi- Family Residential 0. 7 7, 543 7, 716 Mobile Home 0. 6 6, 465 6, 614 Studio Unit, 450 square feet or less 0. 3 3, 233 3, 307 Non- Residential: Meter Size 3/ 4 Inch 1. 0 10, 775 11, 023 1 Inch 1. 7 18, 318 18, 739 1 1/ 2 Inch 3. 4 36, 635 37, 478 2 Inch 5. 4 58, 185 59, 523 3 Inch 10. 7 115, 293 117, 944 4 Inch 16. 7 179, 943 184, 081 6 Inch 33. 4 359, 885 368, 162 Equivalent Dwelling Unit WATER DEVELOPMENT IMPACT FEE SCHEDULE Proposed Fees 7/ 1/ 2015 Water Development Impact Fee ResolutionNo106402015Series ATTACHMENTPage39 7.c Packet Pg. 44 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Use Category Base TIF Base TIF Single Family Residential Dwelling Unit 3, 516$ 3, 597. 00$ Multi- family Residential Dwelling Unit 3, 120$ 3, 192. 00$ Retail 1, 000 Square Feet 7, 406$ 7, 576. 00$ Office 1, 000 Square Feet 7, 051$ 7, 213. 00$ Service Commercial 1, 000 Square Feet 3, 824$ 3, 911. 00$ Business Park 1, 000 Square Feet None None Industrial 1, 000 Square Feet 2, 036$ 2, 083. 00$ Hospital 1, 000 Square Feet 5, 977$ 6, 115. 00$ Motel/ Hotel Room 1, 632$ 1, 670. 00$ Service Station ( includes 1, 000 sq. ft.) Pump 8, 305$ 8, 496. 00$ Other Average Daily Trip 328$ 335. 00$ Annual CPI Adjustment: 1. 017 1. 023 Citywide Base TIF ( except LOVR, Margarita, Prado) Adopted 5/ 2/ 06 Citywide Base Transportation Impact Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage40 7.c Packet Pg. 45 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Use Category LOVR Base TIF LOVRBase TIF Single Family Residential Dwelling Unit 2, 899$ $ 2, 965 Multi- family Residential Dwelling Unit 2, 572$ $ 2, 631 Retail 1, 000 Square Feet 6, 100$ $ 6, 240 Office 1, 000 Square Feet 5, 813$ $ 5, 947 Service Commercial 1, 000 Square Feet 3, 152$ $ 3, 225 Business Park 1, 000 Square Feet None None Industrial 1, 000 Square Feet 1, 679$ $ 1, 717 Hospital 1, 000 Square Feet 4, 928$ $ 5, 041 Motel/ Hotel Room 1, 346$ $ 1, 377 Service Station ( includes 1, 000 sq. ft.) Pump 6, 848$ $ 7, 005 Other Average Daily Trip 270$ $ 276 Proposed Fees 7/ 1/ 2015 Base LOVR Transportation Impact Fees ResolutionNo106402015Series ATTACHMENTPage41 7.c Packet Pg. 46 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Use Category LOVR Sub Area Fee LOVRSub AreaFee Single Family Residential Dwelling Unit $ 5, 989 $ 6, 127 Multi- family Residential Dwelling Unit $ 3, 934 $ 4, 025 Retail 1, 000 Square Feet $ 14, 456 $ 14, 789 Retail Auto 1, 000 Square Feet $ 11, 781 $ 12, 052 Office 1, 000 Square Feet None None Service Commercial 1, 000 Square Feet $ 8, 806 $ 9, 008 Business Park 1, 000 Square Feet None None Industrial 1, 000 Square Feet $ 4, 349 $ 4, 449 Hospital 1, 000 Square Feet None None Motel/ Hotel Room $ 3, 265 $ 3, 340 Service Station ( includes 1, 000 sq. ft.) Pump $ 0 $ 0 Other PM Trip $ 5, 871 $ 6, 006 LOVR Sub Area Transportation Impact Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage42 7.c Packet Pg. 47 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Use Category Base TIF Base TIF Single Family Residential Dwelling Unit $ 2, 591 $ 2, 651 Multi- family Residential Dwelling Unit $ 2, 298 $ 2, 350 Retail 1, 000 Square Feet $ 5, 443 $ 5, 568 Office 1, 000 Square Feet $ 5, 195 $ 5, 314 Service Commercial 1, 000 Square Feet $ 2, 817 $ 2, 882 Business Park 1, 000 Square Feet None None Industrial 1, 000 Square Feet $ 1, 500 $ 1, 534 Hospital 1, 000 Square Feet $ 4, 404 $ 4, 505 Motel/ Hotel Room $ 1, 202 $ 1, 230 Service Station ( includes 1, 000 sq. ft.) Pump $ 6, 117 $ 6, 258 Other Average Daily Trip $ 242 $ 248 Base Margarita Area Transportation Impact Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage43 7.c Packet Pg. 48 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Use Category MASP Add On MASP Add On Single Family Residential Dwelling Unit 9, 713$ $ 9, 936 Multi- family Residential Dwelling Unit 5, 993$ $ 6, 131 Retail 1, 000 Square Feet 43, 787$ $ 44, 794 Office 1, 000 Square Feet 18, 375$ $ 18, 797 Service Commercial 1, 000 Square Feet None None Business Park 1, 000 Square Feet 18, 375$ 18, 797$ Industrial 1, 000 Square Feet 18, 375$ 18, 797$ Hospital 1, 000 Square Feet None None Motel/ Hotel Room None None Service Station ( includes 1, 000 sq. ft.) Pump None None Other Average Daily Trip -$ -$ Annual CPI Adjustment: 1. 017 1. 023 MASP Plan Preparation Current Fee 7/ 1/ 2015 MASP Add On MASP Add On Single Family Residential Dwelling Unit 200$ $ 205 Multi- family Residential Dwelling Unit 190$ $ 195 Retail 1, 000 Square Feet 176$ $ 180 Office 1, 000 Square Feet 176$ $ 180 Service Commercial 1, 000 Square Feet None None Business Park 1, 000 Square Feet 176$ 180$ Industrial 1, 000 Square Feet 176$ 180$ Hospital 1, 000 Square Feet None None Motel/ Hotel Room None None Service Station ( includes 1, 000 sq. ft.) Pump None None Other Average Daily Trip -$ -$ Annual CPI Adjustment: 1. 017 1. 023 MASP Transportation and Plan Preparation Combined Current Fee 7/ 1/ 2015 MASPCombined MASPCombined Single Family Residential Dwelling Unit 9, 913$ 10, 141$ Multi- family Residential Dwelling Unit 6, 183$ 6, 325$ Retail 1, 000 Square Feet 43, 963$ 44, 974$ Office 1, 000 Square Feet 18, 551$ 18, 977$ Service Commercial 1, 000 Square Feet None None Business Park 1, 000 Square Feet 18, 551$ 18, 977$ Industrial 1, 000 Square Feet 18, 551$ 18, 977$ Hospital 1, 000 Square Feet None None Motel/ Hotel Room None None Service Station ( includes 1, 000 sq. ft.) Pump None None Other Average Daily Trip -$ -$ MASP Park In Lieu Fee Current Fee 7/ 1/ 2015 MASP Park In Lieu MASP Park In Lieu Single Family Residential 8, 387$ 8, 580$ Multi- family Residential 7, 063$ 7, 225$ Proposed Fees 7/ 1/ 2015 Margarita Area Fees ResolutionNo106402015Series ATTACHMENTPage44 7.c Packet Pg. 49 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 12/ 2015 Use Category Base TIF Base TIF Single Family Residential Dwelling Unit 3, 516$ 3, 597$ Multi- family Residential Dwelling Unit 3, 120$ 3, 192$ Retail 1, 000 Square Feet 7, 406$ 7, 576$ Office 1, 000 Square Feet 7, 051$ 7, 213$ Service Commercial 1, 000 Square Feet 3, 824$ 3, 912$ Business Park 1, 000 Square Feet None None Industrial 1, 000 Square Feet 2, 036$ 2, 083$ Hospital 1, 000 Square Feet 5, 977$ 6, 114$ Motel/ Hotel Room 1, 632$ 1, 670$ Service Station ( includes 1, 000 sq. ft.) Pump 8, 305$ 8, 496$ Other Average Daily Trip 328$ 336$ Base Airport Area Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage45 7.c Packet Pg. 50 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Use Category AASP BaseTrans AASPBaseTrans Single Family Residential Dwelling Unit None None Multi- family Residential Dwelling Unit None None Retail 1, 000 Square Feet None None Office 1, 000 Square Feet None None Service Commercial 1, 000 Square Feet $ 3, 464 $ 3, 543 Business Park 1, 000 Square Feet $ 4, 601 $ 4, 707 Industrial 1, 000 Square Feet $ 690 $ 707 Hospital 1, 000 Square Feet None None Motel/ Hotel Room None None Service Station ( includes 1, 000 sq. ft.) Pump None None Other Average Daily Trip None None Annual CPI Adjustment: 1. 017 1. 023 Plan Preparation Fee Current Fee 7/ 1/ 2015 AASP BasePlan AASPBase Plan Single Family Residential Dwelling Unit None None Multi- family Residential Dwelling Unit None None Retail 1, 000 Square Feet None None Office 1, 000 Square Feet None None Service Commercial 1, 000 Square Feet $ 136 $ 139 Business Park 1, 000 Square Feet $ 93 $ 95 Industrial 1, 000 Square Feet $ 124 $ 127 Hospital 1, 000 Square Feet None None Motel/ Hotel Room None None Service Station ( includes 1, 000 sq. ft.) Pump None None Other Average Daily Trip None None Annual CPI Adjustment: 1. 017 1. 023 Transportation Plus Plan Preparation Fee Current Fee 7/ 1/ 2015 AASPCombined AASPCombined Single Family Residential Dwelling Unit None None Multi- family Residential Dwelling Unit None None Retail 1, 000 Square Feet None None Office 1, 000 Square Feet None None Service Commercial 1, 000 Square Feet $ 3, 600 $ 3, 682 Business Park 1, 000 Square Feet $ 4, 694 $ 4, 802 Industrial 1, 000 Square Feet $ 814 $ 834 Hospital 1, 000 Square Feet None None Motel/ Hotel Room None None Service Station ( includes 1, 000 sq. ft.) Pump None None Other Average Daily Trip None None Airport Area Transportation Impact Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage46 7.c Packet Pg. 51 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Use Category Add On Single Family Residential Dwelling Unit $ 7, 871 $ 7, 917. 00 Multi- family Residential Dwelling Unit $ 5, 498 $ 5, 530 Retail 1, 000 Square Feet None None Office 1, 000 Square Feet None None Service Commercial 1, 000 Square Feet None None Business Park 1, 000 Square Feet None None Industrial 1, 000 Square Feet None None Hospital 1, 000 Square Feet None None Motel/ Hotel Room None None Service Station ( includes 1, 000 sq. ft.) Pump None None Other Average Daily Trip None None Annual CPI Adjustment: 1. 017 1. 023 Plan Preparation Fee Current Fee 7/ 1/ 2015 Plan Prep Add On Plan Prep Add On Single Family Residential Dwelling Unit $ 784 $ 802 Multi- family Residential Dwelling Unit $ 293 $ 300 Retail 1, 000 Square Feet None Office 1, 000 Square Feet None Service Commercial 1, 000 Square Feet None Business Park 1, 000 Square Feet None Industrial 1, 000 Square Feet None Hospital 1, 000 Square Feet None Motel/ Hotel Room None Service Station ( includes 1, 000 sq. ft.) Pump None Other Average Daily Trip None Annual CPI Adjustment: 1. 017 1. 023 OASP Park Fee Current Fee 7/ 1/ 2015 OASP Park Imp Fee OASP Park Imp Fee Single Family Residential Dwelling Unit $ 12, 719 $ 13, 012 Multi- family Residential Dwelling Unit $ 9, 360 $ 9, 575 Retail 1, 000 Square Feet None Office 1, 000 Square Feet None Service Commercial 1, 000 Square Feet None Business Park 1, 000 Square Feet None Industrial 1, 000 Square Feet None Hospital 1, 000 Square Feet None Motel/ Hotel Room None Service Station ( includes 1, 000 sq. ft.) Pump None Other Average Daily Trip None Annual CPI Adjustment: 1. 017 1. 023 Orcutt Area Transportation Impact Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage47 7.c Packet Pg. 52 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Park In- Lieu Fees Each potential additional single family dwelling unit in $ 5, 668 $ 5, 799 C/ OS and R- 1 zones within the subdivided area Each potential additional mult- family dwelling unit in $ 4, 494 $ 4, 598 zones other than C/ OS and R- 1, within the subdivided area Park In- Lieu Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage48 7.c Packet Pg. 53 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Parking In- Lieu Fees Current Fee 7/ 1/ 2015 New Construction Community Partners $ 9, 321 $ 9, 535 Per vehicle space required by zoning regulations for the new All Others $ 18, 641 $ 19, 070 construction and not otherwise provided. Additions to Existing Buildings Community Partners $ 9, 321 $ 9, 535 Per vehicle space required by zoning regulations for the addition All Others $ 18, 641 $ 19, 070 and not otherwise provided. Change in Occupancy Requiring Additional Parking Community Partners $ 2, 330 $ 2, 384 Per vehicle space required by zoning regulations and not otherwise All Others $ 4, 660 $ 4, 768 and not otherwise provided. The number of spaces required by the change shall be the difference between the number required by the new use and the number required by the previous occupancy.Parking In- Lieu Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage49 7.c Packet Pg. 54 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Current Fee 7/ 1/ 2015 Business Park $ 460 $ 470 Service Commercial $ 681 $ 696 Manufacturing $ 618 $ 633 Open Space In- Lieu Fees Proposed Fees 7/ 1/ 2015 ResolutionNo106402015Series ATTACHMENTPage50 7.c Packet Pg. 55 Attachment: c - Developer Fee Schedules 2015 (1195 : 2014-2015 Annual AB 1600 Report) Page intentionally left blank. Meeting Date: 12/15/2015 FROM: Daryl Grigsby, Public Works Director Prepared By: Gamaliel Anguiano, Transit Manager SUBJECT: AUTHORIZATION FOR SLO TRANSIT OPERATIONS & MAINTENANCE CONTRACT REQUEST FOR PROPOSALS RECOMMENDATION Authorize the issuance of a Request For Proposal (RFP) to operate and maintain the City’s Transit system. DISCUSSION The City’s Transit Operations and Maintenance (O&M) work is currently contracted out to First Transit Inc. (First Transit). First Transit was awarded the current O & M contract ten years ago via a similar competitive process. The initial contract term was for three (3) years and included the possibility of seven (7) one-year extensions. June 30, 2016 marks the end of the last exercised extension with First Transit. In order to achieve cost savings and operational efficiency, the City is soliciting via the RFP process contractors to bid on providing the City transit services.. These services include employment, training, and retention of drivers, mechanics and other staff necessary to successfully operate the City’s transit system as prescribed by the City. The RFP process is meant to bring structure and transparency to the procurement decision, while reducing risk through open requirements and discussion. The RFP process also provides the City with an “apples-to-apples” cost comparison for purchased O&M services. The RFP bids will be evaluated by a “best-in-value” criterion with the goal of acquiring comparable or even greater service quality O&M services. To help ensure this, Staff has carefully reviewed, revised and solicited direction from the Federal Transit Administration for the purpose of developing an improved contract. After careful review of the current Scope of Work (SOW), staff has eliminated non-applicable items, made corrections and improvements, established clarity and formalized procedures/arrangements to help ensure that vendors are fully aware of the City’s requirements for O&M services. Parallel to improving the SOW language, Staff has also revised the standard Performance Measures. After comparing with other nearby transit systems, a revised Penalties & Incentives section has been added to the new proposed agreement. Penalties (or liquidated damages) would apply monthly if the selected contractor fails to meet specific service performance standards. 8 Packet Pg. 56 Conversely, incentives are provided quarterly if the selected contractor achieves specific high levels of service. Staff believes the proposed SOW provides clear understanding of the City’s requirements while the liquidated damages provide for correction action(s) should they not be met. During the November 17 Study Session of the proposed RFP, the City Council asked questions about the City’s insurance coverage in this contract. As a result, transit staff has been working closely with the City Attorney to insure the City is adequately covered by the language in Section 2 of the contract and in the Scope of Work. Proposed Term of Contract Consistent with Federal Regulations The Federal Transit Administration (FTA) has specific language and recommendations in the Codified Circular of Federal Regulation (CCFR) 4220 regarding the term of O&M contracts. The FTA has stated in part: Although FTA no longer requires prior approval for contract terms longer than five years, grantees remain responsible for conducting their procurement transactions in accordance with the “full and open competition” principle expressed in FTA Circular 4220.1E, paragraph 8a… When deciding the best period of performance for on-going services contracts, grantees need to consider the up-front investment by potential offerors for specialized personnel training and other non-recurring start-up costs (e.g., relocation) that must be recovered over the life of the contract… Staff reviewed factors such as maintaining “full and open competition,” industry peer contract length comparisons and contract periods that allow for “upfront cost recovery;” in determining the contract period. As a result, staff recommends a four (4) year contract with three (3) possible one-year extension option(s). Next Steps Solicitation for responses will be done by publicizing this RFP via various industry periodicals in addition to local notification required by the City’s Municipal Purchasing Guidelines Proposals are tentatively expected to be evaluated at the start of next calendar year, March 2016. A team of industry professionals, both from within the City and outside the City, will review each proposal according to pre-established grading criteria. The top rated vendors will then be invited to formal interviews and final negotiations. The winning proposer (selected contractor) will then be recommended to Council for consideration and award. The new contract will become effective July 1st, 2016. 8 Packet Pg. 57 Event/Task Date 1: MTC Discussion on RFP Scope of Work November 10, 2015 2: Council Study Session on RFP Scope of Work November 17, 2015 3: Council Authorization Issuance of RFP December 15, 2015 4: Issue Request for Proposals (RFP) on Ebid Board December 16, 2015 5: Pre-Proposal Conference (2:00 p.m. PST) January 27, 2016 6: Submit Questions & Clarifications (4:00 p.m. PST) February 5, 2016 7: Response to Submitted Questions February 19, 2016 8: Proposals Due (3:00 p.m. PST) March 9, 2016 9: Pre-Award Survey and Screening March 23, 2016 10: Interview with Selected Contractors March 30, 2016 11: City Council Award Contract May 3, 2016 12: Executes Agreement with Selected Contractor May 4, 2016 13: Pre-Start Up Meeting with Selected Contractor May 4, 2016 14: Contractor Starts Service July 1, 2016 FISCAL IMPACT The RFP ensures a competitive selection process where the City and the selected Contractor will have the opportunity to negotiate efficiencies, service enhancements, cost savings and even added costs. The adopted 2015-17 Budget for the Transit Enterprise Fund included some costs increase assumptions consistent with historic rate increases along with the results of the Short Range Transit Plan. Ultimately, the funding for City’s transit operations will be from the City’s annual distribution of Federal Transit Administration Section 5307 funds, Transportation Development Act (TDA) funds, the Cal Poly Subsidy, and farebox collections. A final agreement with full fiscal analysis will return to Council at the time of contract award. CONCURRENCES The Mass Transportation Committee (MTC) has been notified of the RFP at its November 10th meeting, and that advisory body was able to review and comment on the various terms of the contract. The contract was approved as is without any major changes. ALTERNATIVE 1. The Council may decide to change terms of contract (scope of work). The consequence to this 8 Packet Pg. 58 alternative is that significant changes to the scope may result in changes (potential increases to cost or reductions in the level of service) for the contract. It is suggested that if Council wants additional (or modified work items) included in the RFP that they include these as additional items to be considered as part of the RFP solicitation and negotiation process. Attachments: a Council Reading File - 2015-16 Transit RFP 8 Packet Pg. 59 Meeting Date: 12/15/2015 FROM: Daryl Grigsby, Public Works Director Prepared By: Barbara Lynch, City Engineer David Athey, Assistant City Engineer SUBJECT: 2016 STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS UPDATE RECOMMENDATION 1. Adopt a Resolution approving revised Standard Specifications and Engineering Standards for Construction; and 2. Authorize the City Engineer to release projects currently in design or approved by Council under the 2014 City Standard Specifications on a case by case basis. DISCUSSION Background The City Engineer is responsible for maintaining the Public Works Department’s Standard Specifications and Engineering Standards (hereafter collectively referred to as “Standards”). The Standards set forth general guidelines and requirements for design and construction of City projects. The Standards are also applicable to private development work within City right of way or on City property. The Standards set a level of quality and consistency for infrastructure construction. These Standards, when combined with active inspection, ensure the longevity and function of public improvements and reduce long-term maintenance costs. In addition, the Standard Specifications provide contractual language to guide the relationship between contractors and the City during construction activities. The City Standard Specifications work in conjunction with the State of California Department of Transportation Standard Specifications (“State Book”). The City references the State Book, modified where appropriate, to satisfy City needs. The State Book covers many standard contract issues and legal requirements such as labor laws, bidding, payment, and liability. The City Standard Specifications also focus on construction guidelines for work the State do es not typically handle such as water, wastewater, and park facilities. The Engineering Standards are pictorial construction drawings and details showing how facilities are put together. These are largely specific to City construction with only a few references to using typical State construction details. 9 Packet Pg. 60 The Public Works Capital Improvement Program Design Section updates the City Standards on a periodic basis to reflect changes in construction practices, materials, and to add clarifications. Design or construction activities typically reveal Standards that need modification over time. Modifications are generally intended to add clarification, close loopholes, or update standards to be consistent with new technology, current construction practices, and City adopted policies. The City Engineer keeps suggested improvements on file and the Standards are revised during the next update. 2016 Revisions The 2014 Standards incorporated significant updates including a plain language re-write and new state required stormwater standards. The 2016 Standards update involves minor changes and clarifications and includes the changes that were made to Engineering Standard 1010 (water efficiency standards) by Council on November 3, 2015. The changes made to Section 1010 H. in November, were completed prior to this update in order to maintain compliance with the State’s December 1st implementation date. This action carries the Section 1010 H. changes forward. One notable modification is that the proposed 2016 Standards will now allow contractor’s the option of using reclaimed asphalt pavement (RAP) on all paving projects. The 2014 Standards allowed the use of reclaimed asphalt pavements on a case by case basis. Reclaimed asphalt pavements include up to 15% recycled aggregate and asphalt from road grinding projects. Engineering has evaluated the use of RAP and has determined that RAP quality is similar to conventional material pavements. In addition, RAP pavement use is becoming widespread as Caltrans, a large user of asphalt, allows RAP asphalt on all projects. Since most asphalt plants are now incorporating RAP into mixes, the City’s contractors have to wait longer to receive non RAP asphalt. Therefore, Public Works is proposing the change to reflect the current state of paving practice and the research into the quality of the final product. A handful of projects are substantially complete with design using the City’s 2014 Engineering Standards and Specifications. These projects are referenced to the Caltrans 2010 Stat e Book, and this reference is not changing. To minimize impacts to project delivery, staff anticipates releasing these contracts for construction under the 2014 standards on a case-by-case basis. Wherever possible, those projects that are substantially complete will be converted to the 2016 Standards. CONCURRENCES The 2016 modifications were submitted by the Public Works and Utilities Department staff. Both the Public Works and Utilities departments concur proposed modifications are reasonable and appropriate. The City Engineer has approved all changes. ENVIRONMENTAL REVIEW This action is not subject to the California Environmental Quality Act as it is not a project under CEQA. 9 Packet Pg. 61 FISCAL IMPACT The recommended Standards changes are either minor or will have an insignificant impact on the cost of City or private development projects. This is because most of the changes involve improvements to current construction standards or City infrastructure needs. The changes are not anticipated to result in significant cost impacts to construction or development. ALTERNATIVES This item can be referred back to staff for further consideration and modification on specific items. Attachments: a a - 2015 Resolution b Council Reading File - 2016 Standard Specifications 9 Packet Pg. 62 RESOLUTION NO. _______ (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA APPROVING REVISED STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR CONSTRUCTION WHEREAS, the Public Works Department is responsible for maintaining Standard Specifications and Engineering Standards establishing quality requirements and contract conditions for construction; and WHEREAS, the Standard Specifications and Engineering Standards must be periodically updated to allow for changes in construction practices and contract law. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: 1. The 2016 Standard Specifications and Engineering Standards dated and effective January 1, 2016, copies of which are on file in the Office of the City Clerk, are hereby approved. 2. Resolution No. 10495 (2014 Series) approving previous editions of the Standard Specifications and Engineering Standards is hereby superseded and the 2016 Standard Specifications and Engineering Specifications approved herein shall be applicable to all projects advertised and approved following the approval of these standards, except as expressly provided below. 3. The City Manager is authorized to release for advertising under the previous Standard Specifications, currently pending projects that are deemed by the City Engineer substantially complete with design at the time of this adoption. The Council expressly affirms its prior approval of the Standard Specifications approved by Resolution No. 10495 (2014) as applicable to those projects. Upon motion of ________________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 15th day of December 2015. Mayor Jan Marx 9.a Packet Pg. 63 Attachment: a - 2015 Resolution (1185 : 2016 Standard Specifications and Engineering Standards Update) Resolution No. _____ (2015 Series) Page 2 R ______ 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 9.a Packet Pg. 64 Attachment: a - 2015 Resolution (1185 : 2016 Standard Specifications and Engineering Standards Update) Page intentionally left blank. Meeting Date: 12/15/2015 FROM: Michael Codron, Community Development Director Prepared By: Marcus Carloni, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO 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) RECOMMENDATION Adopt Ordinance No. 1627 (2015 Series) (Attachment A) amending Municipal Code Chapter 13.16 to allow for limited interim water and sewer service outside of the City. DISCUSSION On December 1, 2015 the City Council voted 5 to 0 to introduce Ordinance No. 1627 (2015 Series). Ordinance No. 1627 amends the “exception” language within Chapter 13.16 of the City Municipal Code allowing limited water and sewer service to the Fiero Lane and Clarion Court area subject to the requirements and schedule provided in the Memorandum of Agreement adopted by Council resolution on December 1, 2015. The new Ordinance will become effective 30 days after its final passage. ALTERNATIVES 1. The Council could reject the proposed amendments. This is not recommended because the Council voted unanimously to introduce the Ordinance amending the Municipal Code to allow limited water and sewer service to the project site, associated with a Memorandum of Agreement between the City and Applicant relative to the anticipated annexation of the project site. 2. The Council could continue final adoption of the proposed amendments and provide direction to staff for revisions. Attachments: a a - Ordinance No. 1627 10 Packet Pg. 65 ORDINANCE NO. 1627 (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. 10678 (2015 Series) 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: 10.a Packet Pg. 66 Attachment: a - Ordinance No. 1627 (1204 : Second Reading Fiero Lane/Clarion Court Annexation) Ordinance No. 1627 (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. 10678 (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 t he remaining portions of this ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 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 10.a Packet Pg. 67 Attachment: a - Ordinance No. 1627 (1204 : Second Reading Fiero Lane/Clarion Court Annexation) Ordinance No. 1627 (2015 Series) Page 2 the expiration of thirty (30) days after its final passage. INTRODUCED on the 1st day of December, 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 10.a Packet Pg. 68 Attachment: a - Ordinance No. 1627 (1204 : Second Reading Fiero Lane/Clarion Court Annexation) Meeting Date: 12/15/2015 FROM: Michael Codron, Community Development Director Prepared By: Kyle Van Leeuwen, Planning Technician SUBJECT: UPDATE TO NOTIFICATION STANDARDS RECOMMENDATION Adopt a Resolution (Attachment A) revising the development review notification requirements and direct staff to pursue the additional enhancements to public notification and outreach outlined in this report. DISCUSSION Background The City Council reviewed and approved a Public Engagement and Noticing (PEN) manual on August 18, 2015. During that Council meeting, public testimony was received concerning the level of noticing that the City requires for development projects. The testimony included specific requests to expand certain noticing requirements. The Council approved the Notification Standards as presented on August 18 (Attachment B). However, that approval was made with the direction to staff to evaluate potential changes in the notification standards to increase notification timeframes and distances. Council directed staff to present this analysis at a later date. Noticing Standards for Development Projects The Notification Standards are a technical document that has historically been adopted by Council Resolution. The Standards govern when and where the Cit y distributes mailed postcards, legal ads, and posted signs about upcoming development projects. The Notification Standards identify who will be noticed and when the notice will happen. These Standards reflect State law and local policy. The Notification Standards that were adopted on August 18, 2015, included some revisions from the 2008 standards (Attachment D). The revisions included: (1) incorporating Council direction for Homestay application notifications, (2) expanded noticing for all actions on pro jects that require different levels of advisory body approval, (3) providing notification around an off-site parking location as well as the project site, and (4) postcard notification on projects that formerly only required minimal outreach, such as secondary dwelling units and lot line adjustments. 11 Packet Pg. 69 1. Recent Council Direction At the August 18th Council hearing, staff was directed to further explore changes to the standards, which were requested by Residents for Quality Neighborhoods (RQN). These enhancements include increasing the number of days that certain projects are noticed, in particular, extending the five day notification of smaller project (those that do not typically require an advisory body hearing) to 10 days. RQN also requested that some projects currently noticed to adjacent neighbors be extended to the 300 foot notification level. The suggested enhancements aim to allow more residents to be notified about pending projects in their neighborhood. 2. Staff Analysis of RQN Recommendations The recommendations made by RQN were explored by staff to clearly identify impacts to process times, resources, costs and their overall feasibility. The requested enhancements were also analyzed for their impacts to previously established goals that were ident ified by the Community Development Department (CDD) Organizational Assessment and the Economic Development Strategic Plan (EDSP). After close evaluation (Attachment C), staff proposes the following enhancements to the Notification Standards: 1. Expanding the postcard range to 100 feet for projects that are currently noticed to adjacent owners and occupants 2. Increasing the noticing to seven days for all projects that currently have a five day standard. These enhancements are recommended by staff for the following reasons: 1. Expanding the postcard range sets a clearer standard for who gets noticed about smaller projects and increases the distance of noticing. This change will allow for more residents within a reasonable distance to be informed about proposed changes to their neighborhood, which will increase the likelihood of public participation. The proposed expansion will approximately double the number of notification postcards sent for these projects. 2. Increasing the number of days these projects are noticed will ensure that interested neighbors have a full week to inquire about a project, and arrange their schedule to possibly attend a hearing or provide correspondence concerning a proposed project. Therefor increasing the likelihood of public participation for these projects. Staff will be able to make these enhancements to the standards by changing internal staff procedures, without impacting the ability to achieve the other process goals previously set for the department. The only increase in costs to the City will be for the increased number of postcards mailed. This increase in cost of postage will be funded through the existing application fees, and is estimated to be approximately $5 to $8 more per project. No increase in costs to project applicants is currently proposed. 11 Packet Pg. 70 3. Additional Public Engagement Enhancements In addition to the stated changes above to the Notification Standards document, the CDD has also developed other strategies to enhance the ability of interested citizens (in addition to neighbors within 100 or 300 feet) to be informed and consulted regarding upcoming projects. These ideas are organized into those which can be implemented in the near future and those which can be put into place further down the road with the development of new resources. Implemented on a short timeframe: 1. Agenda Reports for all hearings available one week before advisory body hearing (similar to Council Agenda Reports). 2. Posters and postcards improved to be easier to see/read. 3. Improved ease of access to contact advisory bodies. Expand the ability of the City’s website to allow for one email to be sent to all advisory body members. These correspondences will be posted to the website for others to see. Implemented on a longer timeframe: 1. Notification sign-up by geographic area. Citizens can sign up to be notified by email about projects in a particular area. (Further development of this program could allow citizen’s to set their own notification boundary). 2. On-site Neighborhood Meeting Days. For large projects with neighborhood interest, a planner would be available on-site to answer questions and present aspects of the project. These above strategies to improve public participation are in addition to other approaches currently in place. For example, staff maintains and updates an email list of interested parties and stakeholder groups to be notified of hearings via email. The Community Development CDD website now offers a monthly update of “Current Development Projects” to provide the public with a slide show of larger projects currently in review, approved, and under construction. For large Special Focus areas, such as San Luis Ranch and Avila Ranch, staff is maintaining and updating links on the website to keep the public apprised on progress of these major proj ects. Pre-applications and Conceptual Reviews are other methods that introduce larger projects to decision-makers and the public early in the process. Each of these is an example of ways the City works to improve awareness and opportunities to provide meaningful input regarding discretionary project approvals. 4. Consistency with Zoning Regulations and State Laws The proposed changes to the Notification Standards are in some cases different than what is required by the Zoning Regulations. Language in the Zoning Regulations, for example, may call for an advertisement to appear in the paper at least five days before a hearing. The Notification Standards now require an ad appear at least seven days before a hearing. In every instance where a difference presents itself, the proposed Notification Standards require more time than the Zoning Regulations requirement. 11 Packet Pg. 71 In addition to exceeding some standards of the City’s Zoning Regulations, the proposed Notification Standards in all instances meet or exceed the notification requirements under State law. Conclusion The goal of updating the Notification Standards is to inform and involve the affected community in governmental decisions. If local residents are directly involved in the process they will be able to identify with the reasons behind the decisions. The proposed enhancements have the potential to increase public participation without negatively affecting other departmental goals or unreasonably increasing costs and staff time. CONCURRENCES The proposed changes to the City’s notification standards were reviewed by City Departments with responsibility for development review and no impacts to staff resources were identified with the proposed changes. The project is exempt from the California Environmental Quality Act (Section 15061.b3). FISCAL IMPACT The increase in cost of postage for the proposed enhancements will be funded through the existing application fees, and is estimated to be approximately $5 to $8 more per project. No increase in costs to project applicants is currently proposed. Any need for incremental adjustments to application fees will be evaluated as part of the City’s normal financial planning process. The City departments may need to identify ongoing resources for new technologies t hat can enhance participation and citizen engagement. As additional tools become available, their merits will be evaluated and proposals will be made for funding, consistent with the City’s normal budget augmentation process. ALTERNATIVES 1. Direct staff on specific changes to the Notification Standards. Staff can return at a later meeting to review and discuss changes. 2. Do not approve the Notification Standards. Attachments: a a - Notification Standards Resolution b b - Previously Adopted Notification Standards c c - Staff Analysis of Requested Notification Enhancements d d - 2008 Resolution - notification requirements 11 Packet Pg. 72 RESOLUTION NO. _____ (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING REVISED DEVELOPMENT REVIEW NOTIFICATION REQUIREMENTS WHEREAS, the City of San Luis Obispo (“City”) follows specific notification requirements for projects requiring development review; WHEREAS, the City Council previously adopted Resolution No. 10660 (2015 Series) establishing development review notification requirements; WHEREAS, the City’s current notification practice meets or exceeds the minimum state law requirements; and WHEREAS, the Council desires to revise the notification requirement to further expand public noticing for projects requiring development review. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Notification Standards for Development Projects are hereby amended as shown in Exhibit “A,” attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that Resolution No. 10660 (2015) is superseded by this Resolution No. _____ (2015 Series). Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2015. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Jon Ansolabehere Interim City Clerk 11.a Packet Pg. 73 Attachment: a - Notification Standards Resolution (1197 : Notification Standards) Resolution No. _________ (2015 Series) Page 2 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 11.a Packet Pg. 74 Attachment: a - Notification Standards Resolution (1197 : Notification Standards) Resolution No. _________ (2015 Series) Page 2 Address Change 7 Annexation - ANNX 10 10 10 Appeal - APPL Architectural Review - ARCH ARC 10 10 10 Minor/Incidental 7 7 7 Condo Conversion - CNDO 10 10 10 Cultural Heritage Projects Projects/Demolitions in Historic District 10 10 10 Change in Historical District Boundaries 10 10 10 Directors Approval - DIR Daycare (7-12 Adults or 9-14 Children)10 10 10 All others (Special Events, Nightwork, etc..)7 Environmental Review a Fence Height Exception - FNCE 7 7 7 Final Map - FMAP 10 General Plan - GENP Map Amendment (incl. Rezoning) - PC and CC 10 10 10 Text Amendment - PC and CC 10 Guest Quarters - GUST 7 7 7 Historic Review - HIST 10 10 10 Homestay - HOME Homestay 7 7 7 Homestay with Exceptions (Administrative Hearing)7 7 7 Occupancy - OCC Home Occupation 7 Administrative Hearing for Home Occupation 7 7 7 Planned Development - PDEV Plan Amendment 10 10 10 Rezoning (Final Plan) Rezoning (Preliminary)10 10 10 School Tenant Permits Allowed use 7 Approved by Use Permit 7 7 7 Secondary Dwelling Unit - SDU 7 7 7 Sign Permits Specific Plan - SPEC - Amendment 10 10 Street Abandonment - STAB (Noticed for each step in Process)10 10 10 c Street Name Change - STNE 10 10 10 b Subdivision - SBDV Tentative Lot Line Adjustment 7 7 7 Tentative Parcel Map (4 or less lots)10 10 10 Tentative Tract map (5 or more lots)10 10 10 Voluntary Merger 7 7 7 Time Extensions Use Permit - USE Administrative Hearing (Setback Exception, High Occupancy, Etc.) 7 7 7 Offsite Parking 7 d 7 d 7 d Downtown Housing Conversion 10 10 10 Planning Commission or City Council 10 10 10 Variance - VAR 7 7 7 The above noted procedures meet or exceed the requirements of other sections of the City of San Luis Obispo Municipal Code or applicable state law. While it is city policy to provide additional notice beyond these requirements, failure to provide such notice shall not be construed in any way as invalidating otherwise proper actions or decisions. Posters (on-site notification) - - no notice - - - - use requirement for body being appealed to - - - - no notice - - - - no notice - - 4) For projects with multiple entitlements, each notification for the project will be noticed at the highest level required for any entitlement of the project. Example: an Administrative Use Permit which also requires ARC review will be noticed at the distance required for ARC (owners and occupants within 300' instead of 100'). Notification Standards for Development Projects 3) All projects will be noticed to interested parties as requested. Notes: 1) The Community Development Director can increase these notification standards for any project, at any time. 2) Distances for notification shall be measured from the edge of property lines. a) No specific date or time limit b) Minimum 3 signs c) Signs must be 300' apart or less, minimum of 3 signs d) Offsite parking address must also be used for noticing (2 posters) Days of notification required before hearing or final decision Procedures Legal Ad Legal Ad with Map Postcards to Owners and Occupants within 100' Postcards to Owners and Occupants within 300’ Exhibit A 11.a Packet Pg. 75 Attachment: a - Notification Standards Resolution (1197 : Notification Standards) Notification Standards for Development Projects Changes Highlighted a) No specific date or time limit b) Signs must be 300’ apart or less, minimum of 3 signs c) Minimum 3 signs NOTE: All projects will be noticed to interested parties as requested. For projects with multiple entitlements, each step in the process will be noticed at the highest level required for any entitlement of the project. Example: an Administrative Use Permit that also requires ARC review, will be noticed at the ARC level (owners and occupants within 300' instead of adjacent owners and tenants). Address Change 5 Annexation - ANNX 10 10 10 Appeal - APPL Architectural Review - ARCH ARC 10 10 10 Minor/Incidental 5 5 5 Condo Conversion - CNDO 10 10 10 Cultural Heritage Projects Projects/Demolitions in Historic District 10 10 10 Change in Historical District Boundaries 10 10 10 Directors Approval - DIR (Special Events, Nightwork, ect.)5 Environmental Review a Fence Height Exception - FNCE 5 5 5 Final Map - FMAP 10 General Plan - GENP Map Amendment (incl. Rezoning) - PC and CC 10 10 10 Text Amendment - PC and CC 10 Guest Quarters - GUST 5 5 5 Historic Review - HIST 10 10 10 Homestay - HOME Homestay 5 5 5 Homestay with Exceptions (Administrative Hearing)5 5 5 Occupancy - OCC Home Occupation 5 Administrative Hearing for Home Occupation 5 5 5 Planned Development - PDEV Plan Amendment 10 10 10 Rezoning (Final Plan) Rezoning (Preliminary)10 10 10 School Tenant Permits Allowed use a Approved by Use Permit 5 5 5 Secondary Dwelling Unit - SDU 5 5 5 Sign Permits Specific Plan - SPEC - Amendment 10 10 Street Abandonment - STAB (Noticed for each step in Process)10 10 10 b Street Name Change - STNE 10 10 10 c Subdivision - SBDV Tentative Lot Line Adjustment 5 5 5 Tentative Parcel Map (4 or less lots)10 10 10 Tentative Tract map (5 or more lots)10 10 10 Voluntary Merger 5 5 5 Time Extensions Use Permit - USE Administrative Hearing 5 5 5 Offsite Parking (Project Site and Offsite Parking Site)5 5 5 Downtown Housing Conversion 10 10 10 Planning Commission or City Council 10 10 10 Variance - VAR 5 5 5 Days of notification required before hearing or final decision Procedures Legal Ad Legal Ad with Map Postcards to Adjacent Owners and Occupants (including all abutting properties and those across the street) Postcards to Owners and Occupants within 300’ Signs (on-site notification) - - no notice - - - - use requirement for body being appealed to - - - - no notice - - - - no notice - - Exhibit A 11.b Packet Pg. 76 Attachment: b - Previously Adopted Notification Standards (1197 : Notification Standards) Staff Analysis of Requested Notification Enhancements REQUEST: Increase the number of days that projects are noticed to neighbors, increasing a 5 day notification to 10 days ANALYSIS: Current notification timeframes have been established, in part, to correlate with other timing factors. These factors include; the day of the week that hearings are held and decisions are made, days of the week City staff are available (weekdays), and the day of the week that legal ads appear in the newspaper (Saturday). The last factor, timing for newspaper ads, carries with it a deadline for getting those ads to the paper. This deadline is something that the City cannot change, so any proposed increase is constrained by this factor. Increasing, even slightly, the number of days of required notification would require that the ad to go to paper an entire week earlier. This would either cut the available time to review a project down to an amount that is not feasible, or extend the overall project timeline to exceed established process timeframes. The other factor in this timing, which city staff does have control over, is the day that decisions are made (Director’s approvals or administrative hearings). Currently, those decisions are scheduled for Fridays. Through much evaluation, staff has determined that moving the scheduled decision day from Friday to the following Monday is a reasonable and appropriate change that could be made. This adjustment, for example, would extend the time between when a neighbor receives a postcard, and the date of the decision, from less than a week to at least 7 days. If the hearing date were to change, the impact to established timeframes would be minimal (only extending the process time one business day), and would work well with other established timing factors that cannot be changed. RESPONSE: Projects that currently require a 5 day notification will be increased to 7 days. This will be accomplished by changing the decision date for these projects from Friday to Monday. REQUEST: Increase the noticing distance for projects that currently require postcards sent to only adjacent and across the street neighbors to a 300 foot notification radius. ANALYSIS: Projects that are currently noticed to property owners and tenants who are adjacent and across the street are generally smaller scale projects. These projects often generate little or no response from those persons who receive a noticing. It has been determined that increasing the notification standards to 300 feet would not be cost efficient (often tripling the cost of notification). However, staff has determined that increasing the notification radius to 100 feet is an appropriate enhancement. This would clarify any ambiguity in the language currently used for this level of 11.c Packet Pg. 77 Attachment: c - Staff Analysis of Requested Notification Enhancements (1197 : Notification Standards) noticing, and will slightly expand noticing so that neighbors who may be affected, but lie just beyond the “adjacent property” standard, will be noticed. RESPONSE: Language that currently reads on the noticing standards, “postcards to adjacent owners and occupants (including all abutting properties and those across the street), will be changed to read “postcards to owners and occupants within 100 feet”. This will be accomplished by changing staff procedure, and would not unreasonably increase costs. 11.c Packet Pg. 78 Attachment: c - Staff Analysis of Requested Notification Enhancements (1197 : Notification Standards) RESOLUTION NO . 9976 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTIN G REVISED DEVELOPMENT REVIEW NOTIFICATION REQUIREMENT S WHEREAS,the City follows specific notification requirements for planning entitlement s requiring development review ; an d WHEREAS,the City Council previously adopted Resolution 6779 (1990 Series) establishin g development review notification requirements ; and WHEREAS,the City's current practice exceeds the current requirements ; and WHEREAS,the Council desires to revise the requirements to reflect current lega l requirements and City practice in excess of those requirements . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o that Resolution No . 6779 (1990 Series) is superseded and a new Notification Requirements table i s hereby adopted, as shown as Exhibit "A", attached and incorporated herein . Upon motion of Council Member Settle, seconded by Vice Mayor Brown, and on the followin g AYES : Council Members Carter, Mulholland, and Settle, Vice Mayor Brown an d Mayor Romero NOES : Non e ABSENT : Non e The foregoing resolution was adopted this 15 th day of April 2008 . Mayor David F . Romer o ATTEST : APPROVED AS TO FORM : n~a t_l °. Lowel l City Attorne y vote : R 9976 11.d Packet Pg. 79 Attachment: d - 2008 Resolution - notification requirements (1197 : Notification Standards) Exhibit A NOTIFICATION REQUIREMENT S Procedures AD A d Map POSTCARD S TO ADJACENT OWNERS POSTCARD S TO OWNER S WITHIN 300 'Signs Address Change 5 Administrative Actions (SDU, DA, M, LLA)5 Appeals - -Same as original a plication -- Architectural (ARC) Review 10 10 g 10 Minor or Incidental 5 e 5 a 5 e Non-Residential adjacent to Residential Zones 10 10 10 Determination of Significant Structure 10 10 10 Demolition of Significant Structure h h 10 10 Condominium Conversions 10 10 10 g 10 1 0 Cultural Heritage -Projects on Residential Sites 5 Projects in Historical Districts b 5 Demolition on Historic Resources Sites 5 Demolition in Historic Districts b 5 Changing Master List: Resources 5 Changing Historical District Boundaries 10 10 10 1 0 Downtown Housing Conversion Permits -City Council 10 10 a g 1 0 Environmental Review h Fence Height Exception -FH 5 e 5 a 5 e General Plan Amendment -Map - PC and CC 10 10 10 Text - PC and CC 1 0 Home Occupation Permits 5 Home Occupation with Admin Hearing 5 5 a 5 Parcel Maps (except Plan . Dev) -Tentative Map -Director - MS 10 10 10 10 Final Map - Director 10 1 0 Planned Development Rezoning -Preliminary - PC & CC 10 10 10 1 0 Final Development Plan - Director - -no notice -- Amendments (preliminary or final) - PC 10 10 10 1 0 Rezoning /Annexation -Map - PC and CC 10 10 10 1 0 Text - PC and CC 1 0 School Tenant Permits h School Tenant Permit with STP 5 e 5 a 5 e School Tenant with Administrative Use Permit 5 5 a 5 Sidewalk Sales Permits - -no notice -- Sign Permits - -no notice -- Specific Plan Amendments -PC and CC 10 10 1 0 Street Abandonments -Planning Commission 10 10 10 1 0 Resolution of Intent - City Council - -no notice -- Resolution Ordering - City Council 10 10 10 c Street Name Change -Planning Commission 10 10 10 g 10 d Time Extensions - - no notice -- Tract Maps and Parcel Maps with PD (tentative) -PC 10 10 10 a 1 0 Use Permits -Administrative Hearing 5 a 5 PC and CC 10 10 a 1 0 Variances -Administrative Hearing 5 5 a 5 a)Notice to adjacent tenants, including those across stree t b)Notice may be required to adjacent or any othe r property owners at the discretion of the CDD Directo r c)Signs must be 300' apart or less, minimum of 3 sign s d)Minimum of 3 signs e)Notice at least 5 days before final decisio n f)Letters sent to persons of organizations that hav e requested notice of demolition of significant structure s g)Notice to tenant s h)No specific date or time limi t 11.d Packet Pg. 80 Attachment: d - 2008 Resolution - notification requirements (1197 : Notification Standards) Meeting Date: 12/15/2015 FROM: Shelly Stanwyck, Director of Parks and Recreation Prepared By: Robert Hill, Natural Resources Manager Freddy Otte, City Biologist Doug Carscaden, Supervising Ranger Lindsey Stephenson, Administrative Analyst SUBJECT: ADOPT THE OPEN SPACE MAINTENANCE PLAN RECOMMENDATIONS As recommended by the Parks and Recreation Commission, adopt a resolution (Attachment A) in order to: 1. Approve The City of San Luis Obispo 2015 Open Space Maintenance Plan; and 2. Approve a Negative Declaration of environmental impact for the Project (Attachment B) pursuant to CEQA Guidelines Section 15063(b)(2)). REPORT IN BRIEF As a result of a major City Goal to protect and maintain open space the City’s first Open Space Maintenance Plan (“the Plan”) has been drafted. The Plan articulates standards for maintenance activities in the City’s open space in accordance with existing practices and adopted policies. Upon adoption by Council, the Plan will serve as a guide for significant deferred maintenance and priority projects in the City’s open spaces as well as the establishment of consistent trailhead amenities and signage. DISCUSSION Background With the adoption of the 2015-17 Financial Plan, one of Council’s Major City Goals is Open Space Preservation: Protect and Maintain Open Space. Presently, the City owns 15 properties totaling approximately 3,700 acres of land protected under open space, natural reserve, ecological reserve, or agricultural reserve status (Attachment C). Many of these open space properties feature an established trail network of approximately 52 miles, in total, where compatible passive recreation uses can be enjoyed by the public. The City’s open space lands are managed by its “Open Space Team” comprised of City Administration Natural Resources program staff and Parks and Recreation Department Ranger Service staff. Through various city programs and community partnerships, City staff undertakes open space maintenance, patrol, site stewardship, and environmental programs. Continued open space preservation today necessarily entails appropriate levels of maintenance, including infrastructure enhancement to ensure user 12 Packet Pg. 81 safety and neighborhood compatibility, restoration of degraded or hazardous areas, and focused educational opportunities. Open Space Preservation Major City Goal Work Program The Council’s Major City Goal to preserve open space is articulated on pages C -6 to C-12 of the 2015-17 Financial Plan. One of the two key strategies for achieving this goal is the adoption of an Open Space Maintenance Plan (the “Plan”). The Plan details the “nuts & bolts” maintenance practices and protocols presently undertaken in the City’s Open Space , as well as planned enhancements for the future. Open Space Maintenance Plan Integrates Existing Policy Documents The proposed Plan is the City’s first – and it is one of the first in open space programs across the nation. The Plan is premised on the protection of the City’s natural resources including plants, animals, geologic, and historic features as well as the natural areas themselves. The Plan was crafted in a manner that affirms existing maintenance practices undertaken by staff, contractors, and volunteers. Those practices are all undertaken in a manner that is consistent with existing City policies, ordinances, and plans regarding open space which is to prioritize resource protection and then provide for passive recreation opportunities. The proposed Open Space Maintenance Plan specifically references and integrates as its foundational policy guidance the following existing City policy documents. 1. Conservation and Open Space Element, City of San Luis Obispo General Plan (2006) 2. Conservation Guidelines for Open Space Lands of the City of San Luis Obispo (2002) 3. Adopted Conservation Plans for City Open Space Lands a. Agricultural Master Plan for the Calle Joaquin Agricultural Reserve (2011) b. Bishop Peak Natural Reserve Conservation Plan 2015 Update (2015) c. Cerro San Luis Natural Reserve Conservation Plan (2005) d. Irish Hills Natural Reserve Conservation Plan 2011 Update (2011) e. Johnson Ranch Open Space Conservation Plan (2008) f. Laguna Lake Natural Reserve Conservation Plan (2014) g. South Hills Natural Reserve Conservation Plan (2007) h. Stenner Springs Natural Reserve Conservation Plan (2009) i. Reservoir Canyon Natural Reserve Conservation Plan (2013) j. Terrace Hill Open Space Conservation Plan (2015) In addition, the Open Space Maintenance Plan introduces two new technical appendices: 1. Integrated Vegetation Management Plan for Open Space Lands of the City of San Luis Obispo (2015-2020), The Land Conservancy of San Luis Obispo County (2015) 2. City of San Luis Obispo Vegetation Management Plan: The Wildland–Urban Interface, Danielle Rose Althaus, Master of City and Regional Planning, California Polytechnic State University, San Luis Obispo (2014) The first appendix details a strategy for invasive species management using Integrated Pest Management (IPM) protocols per the Conservation Guidelines for Open Space Lands of the City of San Luis Obispo. It provides a comprehensive inventory of invasive species, ranks the priority 12 Packet Pg. 82 of managing these species based on threat and other factors, and outlines a specific control plan for each open space property. The second technical appendix inventories vegetation types and wildland fire threats to assets at risk, discusses management strategies, and provides an ordered ranking of pre-fire activity that should take place by open space property. Lastly, the Plan will be amended in the future to reflect any and all changes to the above policy documents (and relevant future documents). As appropriate in accordance with the Conservation and Open Space Element, Appendix C, any new open space areas will have Conservation Plans adopted and linked to this Plan following acquisition. Nature of the Actions Outlined in the Maintenance Plan In addition to implementing the Conservation Plans for specific open space and reserve properties the Plan addresses existing maintenance needs in the City’s open space lands. It articulates the enhancement and maintenance of existing trailheads and trails in a sustainable manner for passive recreation purposes only. It also articulates removal of illicit materials and trails, improvements to user and natural resource safety, land restoration and stewardship projects, invasive species treatment and control, erosion control and stabilization, education of users via patrol and outreach and management of the wildland-urban interface areas. Key Elements of the proposed Open Space Maintenance Plan The Plan is divided into three sections: The first section, Maintenance Activities, provides a listing of the maintenance activities undertaken in the City’s various open space areas. Activities are described narratively. This is followed by the second section, Amenities, which includes an overview of the amenities which are located in open space areas with a specific description of each. The purpose, number of types, specifications, typical location, vendor, standard costs, installation, maintenance requirements and expected lifespan information is provided for each amenity. The last section of the Plan incorporates maintenance activities with amenities on illustrative maps for each open space area as well as provides highlights of priority maintenance and conservation projects. The three sections of the Plan provide general and specific information in a visual manner. Each section has a particular focus and integrates City policies as described above. 12 Packet Pg. 83 1. Maintenance Activities Maintenance Activities have been ongoing in the City’s open space for years. They are undertaken by staff, as well as contractors and volunteers on a daily, weekly, monthly and annual basis. Maintenance Activities fall into six main categories of maintenance: 1) vegetation, 2 ) structure, 3) sign, 4) trail/road, 5) drainage, and 6) trail construction. Under each category are specific tasks. Within each of these categories are focused activities that can occur seasonally or year-round. 2. Trailhead Amenities A trailhead is the point at which a trail begins; the size of trailheads var y . For the purpose of standardization, the City will have three different classification of trailhead improvements (small, medium, and large) with differing degrees of enhancement for each type. The City has 24 active trailheads throughout its open space system. Each amenity outlines the purpose, design specification, location, standard costs, materials, installation, maintenance, and lifespan of the amenity. 3. Open Space Locations The City of San Luis Obispo owns approximately 3,700 acres of open space lands comprised of 15 properties held in open space, natural reserve, ecological reserve, or agricultural reserve status. The Conservation Plan implementation items are numerous and property specific. They include activities such as: trailhead, parking, and emergency access improvements; directional and educational trail signs and kiosks; trail installation, closures, re-routes, and erosion control; invasive species control, fire protection and native habitat restoration; and bridge, fence, and open space infrastructure replacement. A majority of these enhancements will occur during this financial plan time frame and will result in substantive user safety and resource protection improvements. Public Engagement In conducting the public outreach and engagement for the Plan, staff followed the City’s adopted Public Engagement and Notification “PEN” Manual. The outreach strategy for public input on this Plan is collaborative in nature. As such, an interactive process summarized below was used to encourage public input through a variety of ways ranging from the City’s website (where comments could be input) to two “Awareness Walks” at a trailhead, to Farmer’s Market displays and input, to a public meeting of the Parks and Recreation Commission. The following is a summary of outreach steps taken to circulate the Plan. 12 Packet Pg. 84 Adoption of the Maintenance Plan will result in a Series of Improvements Staff will immediately begin to implement the planned series of activities, as well as address deferred and new maintenance projects. These activities will be guided by the Plan and will be consistent with the timing established for the action tasks outlined in the Major City Goal: Open Space Preservation. Progress reports on activities will be provided with Major City Goal updates to Council. Staffing resources are in place to accomplish these tasks as the Ranger Service Program is fully staffed with skilled rangers ready to manage, and improve and enhance existing open spaces. Future progress reports will include statistical information regarding Ranger Service operations including maintenance and patrol, at this time it is too early to have comprehensive data on this topic. Priority Projects The Maintenance Plan contains specific information for each of the City’s open space areas. In addition to describing the nature and frequency of the activities undertaken in each area the Plan contains a listing of the notable priority projects for each open space or reserve property. Using approved funding from the Open Space Protection: Maintenance CIP, Ranger Service staff will be enhancing trail head amenities, trail signage, kiosk, trash and mutt mitts at all locations with this major work effort running to June 2017. 12 Packet Pg. 85 ENVIRONMENTAL REVIEW An Initial Study has been prepared that identifies several areas where potential impacts exist in the areas of Aesthetics; Biological Resources; Geology and Soils; Hazards and Hazardous Materials; and, Hydrology and Water Quality. These potential impacts are characterized as de minimis and are less than significant. Staff recommends that the City Council make the findings contained in the proposed plan has less than significant impacts and approve the Negative Declaration pursuant to CEQA Guidelines Section 15063(b)(2)). A Negative Declaration is prepared for a project when there is no substantial evidence that the project or any of its aspects could result in significant adverse impacts. CONCURRENCES The Fire Department has reviewed the Plan and concurs with its content. On December 2, 2015, the Parks and Recreation Commission reviewed the Plan, received public input, and unanimously recommended to the City Council that it adopt the Plan (Attachments D and E). FISCAL IMPACTS With the adoption of the 2015-17 Financial Plan, Council approved $285,000 in 2015-16 and the same in 2016-17 to fund deferred and ongoing maintenance needs of the City’s Open Space using as a guide the Open Space Maintenance Plan (to be adopted with this report). Generally, the projects and costs are expected to include: trail head enhancement, Conservation Plan priority projects, ongoing maintenance, and multi-model access improvements. Costs of specific items are articulated in the Plan itself and run the gamut in complexity and cost from a bell box which costs $100 to acquire and $24 to instal l to a large kiosk at a trail head that costs $12,000 in materials and approximately $575 to install. All of the installations will be done by Ranger Service staff. Tracking and reporting on all projects will be reported to Council on a bi-annual basis at a minimum. It is expected that the key items identified by the Plan will be supported by the Maintenance CIP approved with the 2015-17 Financial Plan, while larger long-term capital improvement items will be considered and reviewed separately. ALTERNATIVES The City Council could: 1. Approve The City of San Luis Obispo 2015 Open Space Maintenance Plan and adopt the Negative Declaration, with amendments. 2. Deny The City of San Luis Obispo 2015 Open Space Maintenance Plan and not adopt the Negative Declaration., This is not recommended given numerous opportunities for public input and the Parks and Recreation Commission’s recommendation and the Plan provides 12 Packet Pg. 86 for critical guidance to manage, maintain and enhance the City’s precious open space resources. 3. Continue the item with specific direction if more information or discussion time is required before taking action. Attachments: a a - OSMP Council Resolution b b - Initial Study c c - Open Space Property Map d d - PRC 12.02.15 Minutes_Draft e e - Public Comment f Council Reading File - OSMP Final Draft 12 Packet Pg. 87 RESOLUTION NO. _____ (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE CITY OF SAN LUIS OBISPO 2015 OPEN SPACE MAINTENANCE PLAN AND ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City of San Luis Obispo has adopted policies for protection, management, and public use of open space lands and natural and cultural resources acquired by the City; and WHEREAS, the City of San Luis Obispo manages 15 open space areas totaling approximately 3,700 acres; and WHEREAS, the Parks and Recreation Commission and the general public have commented upon The City of San Luis Obispo 2015 Open Space Maintenance Plan as it has moved through a Council-directed approval process, and staff has considered and incorporated those comments where appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. The City of San Luis Obispo 2015 Open Space Maintenance Plan. The City Council hereby adopts The City of San Luis Obispo 2015 Open Space Maintenance Plan, an official copy of which shall be kept on record with the City Clerk, based on the following findings: a. The City of San Luis Obispo 2015 Open Space Maintenance Plan will guide the day-to- day maintenance and stewardship activities undertaken at City of San Luis Obispo open space properties. These activities include the following: enhancement and maintenance of existing trailheads and trails, maintenance and construction of approved and sustainable trails and open space facilities for passive recreation purposes only, removal of illicit materials and trails, improved user and natural resource safety, land restoration and stewardship projects, invasive species treatment and control, erosion control and stabilization, education of users via patrols and community outreach, and management of wildland-urban interface areas. b. The City of San Luis Obispo 2015 Open Space Maintenance Plan is consistent with General Plan goals and policies relating to the oversight and management of City open space areas, specifically Conservation and Open Space Element Policy 8.5.6 that calls for the development of conservation or master plans for open space properties to protect and enhance them in a way that best benefits the community as a whole. c. Implementation of The City of San Luis Obispo 2015 Open Space Maintenance Plan will provide protection of identified natural resources by specifying maintenance standards and protocols to guide appropriate public access to City open space, as well as attending to threats to open space conservation values posed in invasive species and wildland fire incidents, all of which is consistent with adopted Conservation Plans for those properties. 12.a Packet Pg. 88 Attachment: a - OSMP Council Resolution (1196 : Open Space Maintenance Plan) Resolution No. _____ (2015 Series) Page 2 R ______ 2. Environmental Review. The City Council hereby adopts a Negative Declaration pursuant to CEQA Guidelines Section 15063(b)(2)) for the project, an official copy of which shall be kept on record with the City Clerk, finding that it adequately identifies all of the potential impacts of the project and that those potential impacts identified in the areas of Aesthetics; Biology, Geology and Soils; Hazards and Hazardous Materials; and, Hydrology and Water Quality are de minimis and less than significant because adequate protective measures are included in the guiding documents that pertain to the activities outlined in the project description. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2015. ____________________________________ Mayor Jan Marx ATTEST: Jon Ansolabehere Interim City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day of , . Jon Ansolabehere Interim City Clerk 12.a Packet Pg. 89 Attachment: a - OSMP Council Resolution (1196 : Open Space Maintenance Plan) INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Application # GENP 2347-2015 1. Project Title: City of San Luis Obispo 2015 Open Space Maintenance Plan 2. Lead Agency Name and Address: City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Robert Hill, (805) 781 7211 Freddy Otte, (805) 781 7511 4. Project Location: Various City of San Luis Obispo open space properties in the City and County of San Luis Obispo (vicinity map attached). 5. Project Sponsor’s Name and Address: City of San Luis Obispo, City Administration Department, Natural Resources Program, 990 Palm Street, San Luis Obispo, CA 93401 6. General Plan Land Use Designation: Open Space 7. Zoning: Open Space 8. Description of the Project: The City of San Luis Obispo 2015 Open Space Maintenance Plan (the “Plan”) will guide the day-to-day maintenance and stewardship activities undertaken at City of San Luis Obispo-owned open space properties. These activities include the following: enhancement and maintenance to existing trailheads and trails, maintenance and construction of approved and sustainable trails and open space facilities for passive recreation purposes only, removal of illicit materials and trails, improved user and natural resource safety, land restoration and stewardship projects, invasive species treatment and control, erosion control and stabilization, education of users via patrols and community outreach, and management of the wildland-urban interface areas. 9. Surrounding Land Uses and Settings: Privately-owned agricultural lands and adjacent urban developments. 10. Project Entitlements Requested: City Council approval 11. Other public agencies whose approval is required: None 12.b Packet Pg. 90 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population / Housing Agriculture Resources Hazards & Hazardous Materials Public Services Air Quality Hydrology / Water Quality Recreation Biological Resources Land Use / Planning Transportation / Traffic Cultural Resources Mineral Resources Utilities / Service Systems Geology / Soils Noise Mandatory Findings of Significance FISH AND GAME FEES The Department of Fish and Wildlife has reviewed the CEQA document and written no effect determination request and has determined that the project will not have a potential effect on fish, wildlife, or habitat (see attached determination). X The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Wildlife Code. This initial study has been circulated to the California Department of Fish and Wildlife for review and comment. STATE CLEARINGHOUSE X This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). 12.b Packet Pg. 91 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 3 DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name Community Development Director 12.b Packet Pg. 92 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 4 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project- specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance 12.b Packet Pg. 93 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 5 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1 X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway? 1 X c) Substantially degrade the existing visual character or quality of the site and its surroundings? 1, 9 X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 1 X Evaluation a) The Plan does not anticipate any new structures that would impede views or have an effect on a scenic vista; however, it does propose new kiosks, trail restoration, improvements and decommissioning efforts that may alter the character and appearance of existing trailhead areas and trail sections within City Open Space. b), c) The project site is not within a local a state scenic highway area, and does not anticipate any improvements that would damage scenic resources or historic buildings. d) City Open Space closes one hour after dusk and no new lighting is anticipated or proposed by Plan. The City has a night- sky ordinance that would apply in the event any new safety lighting is installed. Conclusion Although the Plan does anticipate some ground level improvements and minor structures that could change the visual character of a portion of the various open space sites, these actions are considered less than significant because the trail corridors will be vegetated and restored over time, and any potential impacts accruing from the installation of new trailhead kiosks and improvements are considered de minimis as they are relatively small and are constructed of natural wood materials intended to compliment the natural background. 2. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 2 X b) Conflict with existing zoning for agricultural use or a Williamson Act contract? 1 X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 1 X Evaluation a), b) and c) The Plan does not propose to convert any Farmland that is considered prime, unique, or of statewide importance. There are no Williamson Act contracts that apply to the site, and no changes are proposed to the sites that could result in conversion of Farmland to a non-agricultural use. City Open Space includes 17 acres of class I prime farmland that will be maintained in agricultural production pursuant to the City’s adopted Agricultural Master Plan for the Calle Joaquin Agricultural Reserve (see section 19, Earlier Analyses). Conclusion City Open Space that will maintained pursuant to the Plan is part of an existing open space system and no changes in use are proposed that would affect agricultural resources. 12.b Packet Pg. 94 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 6 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 3 X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 3 X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 3 X d) Expose sensitive receptors to substantial pollutant concentrations? 3 X e) Create objectionable odors affecting a substantial number of people? 3 X Evaluation a), b), c), d) and e). The Plan does not include any actions that would create new air quality impacts or violate any air quality standards or existing plans. Conclusion The project sites are City open space properties bordered by open land and residential development. No changes in land use or the operations of existing facilities are proposed that would impact air quality in any way. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 1, 4, 7, 8, 9, 12, 13, 14 X b) Have a substantial adverse effect, on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 1, 4, 7, 8, 9, 13 X c) Have a substantial adverse effect on federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 1, 4, 7, 8, 9 X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 1, 4, 7, 8, 9 X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 1, 6, 12 X f) Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 1, 6 X Evaluation 12.b Packet Pg. 95 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 7 a) A Plant Inventory and Wildlife Survey has been prepared for each open space property (see section 19, Earlier Analyses). There is the possibility that sensitive plant species according to the US Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and the California Native Plant Society (CNPS) may exist near various alignments of the trail system that will be maintained. These resources could also be compromised by Integrated Pest Management (IPM) practices and wildland fuel reduction projects; however, botanical site surveys will occur prior to commencement of work in order to ensure that impacts from these activities are avoided. City policy prohibits off-trail use. b) The project sites contain riparian areas but these areas will not be impacted by implementation of the Plan. c) Some of the project sites contain state and federal wetlands but these areas will not be impacted by implementation of the Plan. d), e), f) The Plan does not anticipate any improvements that would be considered a barrier or otherwise interfere with migratory animals. The Plan requires compliance with all local policies and ordinances that protect biological resources in the area, as well as other published conservation / recovery plans that apply to the project site (sources 4, 7, and 8). Conclusion The project will not have significant impacts to biological resources because the Plan requires all anticipated projects are to be designed in a manner that avoids or minimizes these effects. The Plan requires compliance with all local ordinances and policies established for the purpose of protecting biological resources, such as the City’s Conservation Guidelines, the Conservation and Open Space Element of the General Plan, and the City’s Open Space Regulations, and applicable state and federal agency published recovery plans. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5. 1 X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5) 1 X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 1 X d) Disturb any human remains, including those interred outside of formal cemeteries? 1 X Evaluation a) There are approximately 11 acres of City open space (0.3% of the total land area) that categorized as a cultural or historic resource; however, there are no activities in the Plan that was represent a substantial adverse change to these resources. b), c) The Plan does not anticipate any action that would have an adverse change on archaeological or paleontological resources. d) The City of San Luis Obispo maintains a burial sensitivity map that identifies locations of known and likely burials. The project site falls outside of the area known to be used for this purpose. The City has construction guidelines that would apply if any human remains are discovered. The Plan does anticipate limited excavation activities and very limited ground disturbance and no impact to human burials is likely. Conclusion The project site areas that will be maintained pursuant to the Plan have been modified and disturbed in the past, and proposed activities under the Plan are unlikely to disturb any significant cultural, archeological or paleontological resources. The Plan calls for educational kiosks to help the public understand and interpret the history of the sites and the surrounding area. 6. GEOLOGY AND SOILS. Would the project: 12.b Packet Pg. 96 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 8 a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 5 X I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 5 X II. Strong seismic ground shaking? 5 X III. Seismic-related ground failure, including liquefaction? 5 X IV. Landslides? 5 X b) Result in substantial soil erosion or the loss of topsoil? 10 X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? 10 X d) Be located on expansive soil, as defined in Table 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? 10 X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 10 X Evaluation a) The Plan does not anticipate any new structures or activities that would expose people or structures to substantial adverse effects. b) Some maintenance activities have the potential to cause erosion. Any project located in or near a drainage will have sediment and erosion control measures in place. The Plan includes policies that direct projects to be designed in a manner that minimizes the potential for soil erosion and runoff to the greatest extent possible, and some of the projects anticipated by the Plan are specifically intended to reduce sedimentation. All activities will consider proper drainage in their design and configuration, while installing erosion and sedimentation measures during the course of construction and until the site becomes revegetated. c), d), e) The Plan does not anticipate the construction of new structures that would be subject to geologic impacts. The project site does include expansive soils in some locations, but paths and other flatwork will be designed in a manner that takes the soil type into consideration and in no case would involve substantial risks to life or property. The site is served by the City of San Luis Obispo sanitary sewer system, but no sanitation facilities are proposed including septic tanks or alternative systems. Conclusion The Plan calls for drainage and erosion control strategies whenever there is any possibility of erosion, although such maintenance activities are consistent with existing activities and are less than significant. Although the location is an active seismic region and located proximate to a mapped Alquist-Priola fault, the Plan does not introduce people or structures to an area where substantial risk of harm to life or property exists. 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 1, 11 X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 1, 11 X 12.b Packet Pg. 97 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 9 Evaluation a), b) The City of San Luis Obispo has a Climate Action Plan that requires the City to evaluate actions that would lead to increased greenhouse gas emissions. The projects contemplated in the Plan are to maintain existing open space areas mostly within the City limits and day to day operations of the open space properties will not generate, directly or indirectly, new increased greenhouse gas emissions. The Plan calls for removal of dead trees and shrubs (which emit carbon) and replacing them with native materials (which sequester carbon). Conclusion On balance, the long term positive effects of the project for increasing carbon sequestration capacity within the project site are expected to outweigh any temporary impacts that might occur from the use of equipment during maintenance activities. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 9, 14 X h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 9, 14 X Evaluation a), b), c), d), e), f), g) The Plan and ongoing maintenance of open space areas will not expose people or structures to harm from hazardous materials because there are no hazardous materials on site, routinely transported through or adjacent to the site, and no handling of hazardous materials is proposed. The project sites are mostly outside of the Airport Land Use Plan area, and there are no private landing strips in the vicinity. The Plan would not impair or interfere with the City’s emergency response plans. 12.b Packet Pg. 98 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 10 h) The project site area contains annual grassland, chaparral, and oak woodland, as well as non-native nuisance vegetation species. A component of the City’s overall conservation planning includes the development of Wildfire Preparedness Plans within each adopted Conservation Plan (see section 19, Prior Analyses) that identify the areas needing wildland fuel reduction management. The impacts are considered less than significant and are also pre-existing, and are therefore not affected by the Plan. Conclusion The project sites are existing City open space properties. Most are adjacent to residential neighborhoods. There are no uses, past or present, that involve hazardous materials. Wildland fire fuel reduction project impacts associated with maintaining on- site vegetation are minimal, and potential impacts are addressed through the existing Wildfire Preparedness Plans. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? 9 X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 9 X f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i) Inundation by seiche, tsunami, or mudflow? X Evaluation a), b), c) The project would not negatively impact water quality standards or discharge requirements, introduce new groundwater extraction, or interfere with groundwater recharge. The Plan envisions activities to restore and improve natural systems. d), e) and f), Some maintenance activities may have the potential to cause erosion. The Plan requires that any project located in or near a drainage system will address sediment and erosion control, and such activities are less than significant. g), h), i), j) There are no projects anticipated that would place new structures within a 100-year flood plain, or impede or redirect stormwater flows. 12.b Packet Pg. 99 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 11 Conclusion The project would have a less than significant effect on water quality, with only minor maintenance activities anticipated. 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 1 X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 1, 6 X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 1, 6 X Evaluation a), b), c) The project is consistent with the City’s General Plan and Conservation Guidelines and would not physically divide an established community. No land use changes are proposed and there is no habitat conservation plan currently covering the site. Conclusion There are no impacts to land use and planning associated with the project to create an Open Space Maintenance Plan. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 1 X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 1 X Evaluation a), b) The project does not involve any physical changes to the site that would impact the availability of mineral resources. Conclusion No impact to mineral resources is anticipated or likely because the project is an Open Space Maintenance Plan involving minimal physical changes to the project site. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 9 X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 9 X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 9 X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 9 X 12.b Packet Pg. 100 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 12 e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 9 X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 9 X Evaluation a) The Plan does not anticipate any potential new uses that its use would not exceed applicable noise standards. b), c) and d) The Plan does not anticipate and other new uses or facilities that would generate noise, or expose people to unsafe noise or ground vibration levels. e), f) Some of the project sites experience frequent overflight, but are mostly outside of the airport land use plan area, and farther than two miles from of a public airport. Conclusion The Plan would involve no new day to day increases in noise that would expose people to unacceptable noise levels. The City’s Noise Ordinance applies to all activities, and ensures that temporary noise impacts are less than significant. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Evaluation a), b), c) The project sites are existing City open space properties and there will be no population growth or displacement associated with adoption of the Plan. Conclusion No impacts to population and housing will occur with the adoption and implementation of the Plan because no housing will be constructed or displaced as part of the project. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? 9 X b) Police protection? X c) Schools? X d) Parks? X e) Other public facilities? X Evaluation a), b), c), d), e) The Plan will not result in any increase in new demand for public services because it involves maintenance of 12.b Packet Pg. 101 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 13 existing City open space properties. Conclusion Implementation of the Plan will not result in any new or altered government facilities, or changes to acceptable service ratios, response times, school enrollment, or park use. 15. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 9 X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Evaluation a), b) Plan implementation will enhance the natural environment of the project sites as a municipal open space property, while providing for passive recreational use. There is nothing in the Plan that is intended to increase new use of the project sites. Conclusion The Plan is anticipated to continue supporting passive recreational uses such as hiking and scenic enjoyment. However, the project will not increase new use of existing open space property in a way that degrades existing or planned facilities, and no impacts are anticipated from the construction of minor new facilities, such as trails or kiosks. 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Evaluation a), b), c), d), e), f) The project is adoption of an Open Space Maintenance Plan to enhance the maintain the natural 12.b Packet Pg. 102 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 14 environment of the project sites. There are no new uses proposed that would conflict with traffic management plans, change air traffic patterns, create hazards due to a design feature, result in inadequate emergency access or conflict with an adopted transportation plan. Conclusion The Plan does not propose new uses that will further contribute to adverse effects on traffic or transportation. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction or expansion of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X a), b), c), d), e), f), g) The project would create no new demands on utilities and service systems that cannot be met with existing supplies. Conclusion The proposed Plan and its implementation will have no adverse effect on utilities or service systems. 18. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X The project is expected to have an overall beneficial effect on the quality of the environment. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? X 12.b Packet Pg. 103 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) Issues, Discussion and Supporting Information Sources   ER # GENP-2347-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 15 There are no cumulative impacts identified or associated with the project. All of the impacts identified are less than significant and temporary in nature. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X The project will not have adverse effects on human beings because it is an Open Space Maintenance Plan for sites that is currently used for open space conservation and passive recreational purposes and will enhance user awareness and safety. 12.b Packet Pg. 104 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) City of San Luis Obispo, Title, Subtitle INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 16 20. SOURCE REFERENCES. 1. Conservation and Open Space Element, City of San Luis Obispo General Plan (2006) 2. Farmland Mapping and Monitoring Program: http://maps.conservation.ca.gov/ciff/ciff.html 3. SLO County APCD List of Current Rules and Clean Air Plan: http://www.arb.ca.gov/drdb/slo/cur.htm 4. Recovery Plan for the Morro Shoulderband Snail and Four Plants from Western San Luis Obispo County, California. USFWS (1998). 5. Alquist-Priola Special Studies Zones Map: http://gmw.consrv.ca.gov/shmp/download/quad/SAN_LUIS_OBISPO/maps/SLOBISPO.PDF 6. Conservation Guidelines for Open Space Lands of the City of San Luis Obispo, City of San Luis Obispo (2002) 7. Recovery Plan for the California Red-legged Frog, USFWS (2002) 8. South-Central California Coast Steelhead Recovery Plan, NOAA (2013) 9. Public Review Draft, City of San Luis Obispo 2015 Open Space Maintenance Plan. City of San Luis Obispo (2015) 10. Soil Survey of San Luis Obispo County, Coastal Part, USDA Soils Conservation Service (1984) 11. City of San Luis Obispo Climate Action Plan, City of San Luis Obispo (2012) 12. City of San Luis Obispo Municipal Code, Open Space Regulations, 12.22 (1998) 13. Integrated Vegetation Management Plan for Open Space Lands of the City of San Luis Obispo. The Land Conservancy of San Luis Obispo County (2015) 14. City of San Luis Obispo Vegetation Management Plan: The Wildland-Urban Interface. Althaus, D. (2014) Attachments: 1. Vicinity map with aerial photograph 19. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. An environmental document was previously adopted for the following Conservation Plans: 1. Agricultural Master Plan for the Calle Joaquin Agricultural Reserve 2. Bishop Peak Natural Reserve Conservation Plan, 2015 Update 3. Cerro San Luis Natural Reserve Conservation Plan 4. Irish Hills Natural Reserve Conservation Plan 5. Johnson Ranch Open Space Conservation Plan 6. Laguna Lake Natural Reserve Conservation Plan 7. Reservoir Canyon Natural Reserve Conservation Plan 8. South Hills Natural Reserve Conservation Plan 9. Stenner Springs Natural Reserve Conservation Plan 10. Terrace Hill Open Space Conservation Plan (see: http://www.slocity.org/government/department-directory/city-administration/natural-resources/open-space-plans) b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Impacts described as Less than Significant in the Aesthetics, Biological Resources, Geology and Soils, Hazards, and Hydrology and Water Quality section were also previously analyzed in the earlier documents identified in section 19, above. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. N/A. 12.b Packet Pg. 105 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) City of San Luis Obispo, Title, Subtitle INITIAL STUDY Open Space Maintenance Plan (GENP 2347-2015) 17 ATTACHMENT 1: Vicinity map with aerial photograph 12.b Packet Pg. 106 Attachment: b - Initial Study (1196 : Open Space Maintenance Plan) 12.c Packet Pg. 107 Attachment: c - Open Space Property Map (1196 : Open Space Maintenance Plan) City of San Luis Obispo, Title, Subtitle 1 Council Chambers 990 Palm Street San Luis Obispo, CA 93401 Wednesday, December 2, 2015, 5:30 p.m. CALL TO ORDER: Chair Whitener called the meeting to order at 5:30 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, Doug Carscaden, Freddy Otte Public Comment Don Green, SLO City Laguna Shores area resident. Spoke about Priolo Martin Park as a well-used and loved park by the neighborhood. He asked the Commission to urge for landscape maintenance to address lighting issue. He supported the collaborative meeting of Parks and Recreation, Administration Natural Resources, Public Works parks maintenance and arborist staff onsite to discuss neighbor concerns. Director Stanwyck confirmed that City staff and neighbors will be having a collaborative meeting in the field. Ken Kienaw, SLO resident across from Priolo Park. He would like to see the willow trees in the open space trimmed as it presents a neighborhood safety issue. Commissioner Parolini asked how the park will be visually delineated between park and open space area. Staff Freddy Otte responded that the natural vegetation breaks will be used to visually discern the boundaries between park and open space areas. 1. CONSIDERATION OF MINUTES (Commission) Motion: (Updegrove/Olson) Approve Meeting Minutes of November 4, 2015 as amended. Approved: 7 yes: 0 no: 0 absent 2. REVIEW AND RECOMMENDATION OF COUNCIL APPROVAL OF THE OPEN SPACE MAINTENANCE PLAN (Carscaden, Otte, Stanwyck) Staff provided an overview of the draft Open Space Maintenance Plan developed as part of the adopted 2015-17 Major City Goal for Open Space Maintenance and Preservation. The plan incorporates existing City policies as well as best practices for open space management. Staff Carscaden highlighted the community engagement process followed using the adopted in the City’s Public Engagement Manual (PEN). Staff Carscaden provided the Commission with an operational update regarding Ranger staffing. Since October 8th Ranger Services has been fully staffed consistent with 2015-17 budget allocations. As a result the division’s staffing levels include: 1 full time Ranger Supervisor, 2 full time Rangers, 4 full time limited benefit Ran gers, Meeting Minutes Parks and Recreation Commission 12.d Packet Pg. 108 Attachment: d - PRC 12.02.15 Minutes_Draft (1196 : Open Space Maintenance Plan) City of San Luis Obispo, Title, Subtitle 2 and 1 part time city worker five Ranger. As a result of this staffing Rangers are in the City’s open space approximately 250 hours a week (excluding breaks and administrative paperwork time). In the 45 days since the division has been fully staffed and trained 43 citations have been issued in the open space and approximately 20% of that has been at Bishop Peak. This additional Ranger staffing has resulted in increased open space protection through patrol and maintenance Commission Comments: Commissioner Olson asked about benches and if there is an opportunity to create memorials. Director Stanwyck answered that the City has a bench memorial program that would be implemented. Commission Olson asked about cost sharing opportunities with fencing. Staff Carscaden responded that city staff will coordinate with adjacent land owners as opportunities arise. Vice Chair Regier asked about additional trailhead access at Bishop Peak with new development. Director Stanwyck replied that Bob Hill, Natural Resources Manager, has engaged in preliminary discussions with private land owners to identify future public trail access needs. Commissioner Parolini asked for clarification on total acres included in the maintenance plan. He recommended grammatical corrections, adding links to policy documents referenced and correction of page numbers. Director Stanwyck said that the final maintenance plan will be offered electronically on the City’s website to provide users with direct links to all policy documents. Commissioner Parolini suggested that required “Ranger hours” necessary to address the entire plan be added. Commissioner Single asked about park patrol. Director Stanwyck confirmed that patrol of parks is now provided by the Police Department and designated Neighborhood Enforcement Officers. Commissioner Single expressed concern that the reallocation of Ranger staffing resources to open space could have a direct impact on the patrol and safety of our City’s neighborhood parks. Commission Updegrove asked about the schedule of implementation. Director Stanwyck responded that implementation would begin immediately upon Council’s approval. Commission Baker thanked staff for their efforts in drafting the Open Space Maintenance Plan. Chair Whitener asked about implementation priorities. Director Stanwyck said that staff and the public have identified trailhead amenities are the top priority in this budget cycle. Public Comments: Carol Hall, Highland Drive resident said there is heavy vehicle traffic at Oakridge causing a safety concern. She expressed that she has not received a prompt response from the non- emergency dispatch phone number and asked about the Ranger work schedule. Director Stanwyck responded that the City will be launching a multi-Department effort with the Highland Drive Neighborhood at the beginning of the year to discuss the traffic and fire safety concerns. Staff Carscaden responded that rangers now patrol the open space seven days per week during a wide variety of times. Staff will look into communications between dispatch, other and neighbors. Vice Chair Regier supported multi-department efforts towards resolving this traffic safety issue. 12.d Packet Pg. 109 Attachment: d - PRC 12.02.15 Minutes_Draft (1196 : Open Space Maintenance Plan) City of San Luis Obispo, Title, Subtitle 3 Carla Saunders, Oakridge resident, said she has served on many City committees and task forces including the City’s open space task force in the 1990s which created the Open Space program. She has been involved in open space issues for the past twenty years. She would like to see consistent enforcement and commitment to Ranger patrol and enforcement of open space. Director Stanwyck acknowledged Ms. Saunders’ concerns and noted that six weeks in, to full Ranger Staffing, there has been a marked increased enforcement. . Director Stanwyck shared that staff will return to the Commission after enough time has passed with new staffing in the Ranger program to present data. Commissioners Parolini, Updegrove, and Olson noted increased compliance with open space regulations and comments about it. Motion: (Updegrove/Parolini) Recommendation that the City Council Approve the City of San Luis Obispo 2015 Open Space Maintenance Plan. Approved: 7 yes: 0 no: 0 absent Motion: (Regier/Baker) Recommend that the City Council Approve a Negative Declaration of Environmental Impact for the Project. Approved: 7 yes: 0 no: 0 absent 3. DIRECTOR’S REPORT (Stanwyck) Director Stanwyck presented to the Commission a brief overview of Parks and Recreation Programming for December. She shared that staff has communicated with Richard Schmidt, a community member, who expressed his concern about the shortage of parks in the north Broad Street area and she wanted Commissioners to be aware of this neighborhood concern. The Sinshiemer pool replastering work continues on-time. The Thanksgiving “Gobble Wobble” fun-run at the Laguna Lake Golf Course was a huge success in part due to Cal Poly recreational student volunteers. She reminded the Commission about upcoming park closures for annual maintenance. She added that the Reindeer Run will be held this Saturday, December 5th, at Mitchel Park. The Ranger staff received chainsaw training in preparation of El Nino. Director Stanwyck said she is excited that seven members of the Parks and Recreation Department will be graduating soon from the City’s Leadership training programs. She forecasted that the Public Art Master Plan may be ready to present to the Commission in January 2016. 4. SUBCOMMITTEE LIAISON REPORTS (all)  Adult and Senior Programming: Commissioner Baker reported that adult softball has season has concluded. The softball nets at Santa Rosa Park have been installed. Staff Melissa Mudgett updated the Commission about the Pickleball Pilot program and that staff will return to the Commission in March 2016 with updates and recommendations.  Bicycle Advisory Committee (BAC): Vice Chair Regier said that the BAC met to discuss proposed development for Avila Ranch. He said the City of SLO received an award for being a bicycle friendly city. He added that the BAC has been reviewing the DeAnza trail.  City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Parolini said the Damon Garcia fields are in very poor condition with numerous bald spots. Parks Maintenance staff will be closing fields for renovation. Parks Maintenance staff has been identified non-permitted users practicing at the fields. 12.d Packet Pg. 110 Attachment: d - PRC 12.02.15 Minutes_Draft (1196 : Open Space Maintenance Plan) City of San Luis Obispo, Title, Subtitle 4  Jack House Committee: Commissioner Updegrove said the Jack House is being decorated for Victorian Christmas. December 20th the house will be closed for annual maintenance. The Jack House Elevator Removal Project is anticipated to begin construction in  Tree Committee: Commissioner Olson reported that Committee did not meet in November. The Tree Committee will be hosting a “Lunch n’ Learn” about tree removal processes at the Corporation Yard, 25 Prado, on December 10th.  Youth Sports: Commissioner Single said that the Youth Sports Association only meets quarterly and there was no report. 5. COMMUNICATIONS Commissioner Parolini said that the State of California for Storm water support is providing reimbursement options for local conservation efforts. Go to stormrewards.org to sign up. Adjourned at 7:34pm to the Regular Meeting on January 6, 2016 at the Council Chambers, 990 Palm Street, at 5:30pm. Approved by the Parks and Recreation Commission on __________________. ________________________________________________ Melissa C. Mudgett, Recreation Manager 12.d Packet Pg. 111 Attachment: d - PRC 12.02.15 Minutes_Draft (1196 : Open Space Maintenance Plan) Hill, Robert To: Carscaden, Doug Subject: RE: Comments on Draft Maintenance Plan From: Greg Bettencourt [mailto:gmbett@charter.net] Sent: Monday, November 09, 2015 9:01 PM To: Carscaden, Doug Subject: Comments on Draft Maintenance Plan Some thoughts. I tried to read everything but i got bogged down in the detail of non-bike open space areas. You are the best judge of what is appropriate so these are just ideas for you to think about. Bridge repair - how about including checking foundation/supports? Cattle Guards - how about “maintaining trail-to-cattle guard transition area”? Barricade/closure signs - this sentence is unclear. Road and Parking Maintenance - “maintenance of limited surface replacement” is confusing to me. Trail repair - might change “and barbed wire fencing.” to “and repair fencing.” Remove Loose Rocks - This is an interesting one. I think I recognize you dancing around liability issues. I can’t think of any other types of hazards which would need to be “maintained out of a trail” that don’t get you into liability issues i.e. safety issues. Nevertheless, “Remove Loose Rocks” seems particularly specific. New Trails - Might be clearer and more accurate to say “Construction of new trails, reroutes or decommissioning when an existing trail is not sustain or when there is an expansion of open space land.” Reroute - Abandon and decommission a section of existing trail which is unsafe or not sustainable and relocate that section within the trail corridor.” Decommission - Abandon and then rehabilitate a trail or section of trail using boulders, fencing, new vegetation, reseeding and excess brush materials Parking - Johnson Ranch is not on this list of "typical locations” Does that mean no new parking there? Signage - Level of Difficulty No examples. Have you figured out how you are doing that yet? Cerro San Luis - This doesn’t allow for reroutes. Is that because of the conservation plan? Some are certainly needed. Stenner Springs Open Space - does it matter that the “Return Trail” isn’t shown? Also, I hate to see that no new trails are allowed. I don’t have any in mind but I could imagine some connectors coming off of other properties. Thanks, Greg 12.e Packet Pg. 112 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) 12.e Packet Pg. 113 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) From: Gary Felsman General [mailto:backpackingary1@gmail.com] Sent: Tuesday, November 17, 2015 9:57 PM To: Advisory Bodies Cc: Stanwyck, Shelly; Carscaden, Doug; Hill, Robert; E-mail Council Website Subject: Comments to Parks and Recreation Commission for "2015 City of San Luis Obispo Open Space Management Plan" 11-17-2015 San Luis Obispo City Parks and Recreation Commission 990 Palm Street San Luis Obispo, CA 93401 Dear Commissioners and Staff; I have had a chance to review the draft 2015 City of San Luis Obispo Open Space Management Plan. Overall I think this document is a big step forward to the regular maintenance of the City’s Open Space Areas and Recreational Trails. This combined with the increased number of Rangers, regular Volunteers like my wife and myself. I believe the many goals set forth in the plan can be accomplished as we all work together to get things done. The dedication of Doug and his crew clearly shows every time we work with them. I personally would like to see a couple more rangers to augment what is going and to spread the work load outlined in this plan. From what I can tell the plan lists the many tasks for each area and the details are left to the staff to complete as we move forward. Each area is different and will require various approaches to achieve the goals outlined in the plan. After reviewing the documents I found a few things that at least should be looked at prior to final approval. I added to categories “If Approved and “If Necessary”, “If Necessary” area was added just in case it is needed to help protect a given the resource area. 1. Page 23, I would add Johnson Ranch to the list of Parking Areas. 2. Page 30, Under New Trails we have N/A. I would like to see a different designation here (Like “If Approved”) if the “Bishop Peak Conservation Plan” is updated to help disperse people around the Back Side of Bishop Peak to the Felsman Loop. It could be updated later to reflect that, but I would not preclude the option. 3. Page 36, I would change New Trails to If Approved, if we ever come done from the “M:” Trail, under reroute, I would change it to “If Necessary” 4. Page 38, Future Bob Jones Trail, I think is now on the other side of S. Higuera St. As approved by the EIR. 5. Page 40, Irish Hills, I would change reroute to “If Necessary” 6. Page 42, Islay Hill, I would change reroute to “If Necessary” 7. Page 43, The map shows the Islay Bike Path Corridor. As part of the maintenance project a. I would like to have the City install three permanent Mutt Mitts stations with Trash Cans, one at each of the road entrances on Wavertree Street. This will help reduce the amount of dog poop that is left along the path. The Poop Fairy Group has placed temporary trash cans and bags for people to use. It has really help the situation immensely. b. Mary Lou Johnson has applied for a grant from the City of SLO to help spruce up the area. She has met with many members of the City to discuss this trail and Islay Hill Park. 12.e Packet Pg. 114 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) c. We should look at resurfacing or sealing portions of the trail where necessary. 8. Page 44, Johnson Ranch, I did not see anything about addressing the parking issues at the trailhead. I thought it was on the list, but should be a long range goal to accomplish as we move forward. 9. Page 46, Laguna Lake, I would change reroute to “If Necessary” 10. Page 48, Reservoir Canyon, I would change reroute to “If Necessary” 11. Page 52, South Hills, I would change reroute to “If Necessary” 12. Just a general comment about trash cans. They should probably be inside the trailhead gate to prevent people from just driving up and dumping their trash randomly. I have seen this from past experience. With these minor changes and the assumption the exact details of how each task is completed will be left up to Staff. The plan should go forward. The plan should be reviewed periodically to update any actions taken, what has been completed and what might be needed in the future.. Thank You for your time. If there are any questions or comments please contact me. Sincerely, Gary Felsman 1266 Sumac Court San Luis Obispo, CA 93401 (805)473-3694. 12.e Packet Pg. 115 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) Oscar Loeza 1121 OrcuttRd,Spc 17 San Luis Obispo, CA 93401 November 3, 2015 City of San Luis Obispo Attn: Mayor and City Council 990 Palm Street San Luis Obispo, CA 93401 Dear Mayor and City Council: I am writing a letter because Ihave a concern about invasive plant species in the San Luis Obispo County. First, I would like to mention that invasive plant species can cause serious ecological disturbances and destroy natural habitats. Based on my research invasive plants species tend to threaten wetlands, sand dunes, as well as fire prone areas (The U. S. National Arboretum). I feel that this relates to San Luis Obispo County because I've seen many homes with many non native plants. Plants such as the Scotch broom, genista monspessulana, pampas grass, ice plant, Cape ivy can often overrun the presence of native plants in which some species of birds and animals rely on for protection and nesting. Also, plants such as the Scottish broom can become fairly easy to catch on fire. Furthermore, an article from the San Luis Obispo Tribune states that ". . . invasive plants cost $82 million a year in control, and monitoring.. ." (Invasive species can crowd out native plants). I believe that it is important to educate people about this issue because these invasive plants can spread and take over areas where native plants are present. If stores would stop offering these species of plants and encouraged and educated shoppers on why nativeplants are better, it would ultimately sustain the natural biodiversity of the county. Sincerely, Oscar Loeza 12.e Packet Pg. 116 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) To: The Parks and Recreation Commission From: Residents of the residential neighborhoods adjacent to the Bishop Peak Natural Reserve Subject: Draft "Open Space Maintenance Plan" Dear Chairman and Honorable Members of the Parks & Recreation Commission, We are very appreciative that the City Council made "Protection & Maintenance of Open Space" a highest City goal for 2015-2017, and that your Commission joined with the Planning Commission in recommending, additional Ranger positions to add meaningful support to achieve this goal. (attachment #1). While we were disappointed that the Park & Recreation Department Director and Assistant City Manager did not join the Commissions in supporting these additional Ranger positions, we believe that Council's eventual addition of two part-time Rangers can help significantly in achieving the primary purpose of open space--- protection of natural resources---- IF A SIGNIFICANTLY LARGE PERCENTAGE OF THE TOTA L TIME OF RANGER STA FF IS DEDICAT ED TO RANGER PATROLS IN OPEN SPACES TO ENFOR CE T HE WI LDLIFE-P ROTE CTIVE R EQUIRE M E NTS OF TH E C ITY'S 1998 OPEN S PAC E OR DINANCE. These include; No nighttime use of Open Space, as wildlife moves freel y through the open space at night, and wildfire danger increases with night use; Stay on trails, as this protects both wildlife and their habitats; Dogs must be on leashes, as this prevents unleashed dogs from "running" wildlife in protected open spaces and protects habitats . The recently featured, Tribune article on the City's Open Space highlighted this lack of enforcement as a fundamental problem; "Night-hiking has been prohibited in San Luis Obispo since 1998, but the city has never had enough ranger staffing available to consistently enforce that and other rules, such as keeping dogs on a leash---and trail users knew it" As residents of neighborhoods adjacent to the Bishop Peak Natural Reserve, we have observed positive beginnings of increased public awareness of the City's Open Space Ordinance requirements. But unfortunately, there continue to be many incidents of disregard for them. These include; • Almost nightly, after hours, night use of the Reserve • Off-leash dogs that frequently "run" wildlife • Illegal mountain biking in the Reserve, both on hiking trails and off-trail in wildlife habitats • Hiking off trail • Overnight camping • Occasional, open fires at night in this very high fire area During WOW Week, we were also very disappointed when hundreds of WOW Leaders 12.e Packet Pg. 117 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) and WOW participants descended in one large gathering in the Bishop Peak Natural Reserve for a massive, competitive group hike to the summit, spurred on by the top- decibel, blasting of multiple boom boxes. The City's Open Space Ordinance's prohibition of "large gatherings" in open spaces was obviously violated, and adjacent narrow residential streets were blocked and overwhelmed by the huge number of cars. Fire trucks would have been unable to reach any number of houses during this large gathering. But perhaps the worst part was the inadvertent message that was sent to hundreds of incoming students being introduced to our City. When twenty or so WOW Leaders and participants were asked about this WOW experience as they were coming out of the Bishop Peak trailhead, NOT ONE STUDENT KNEW THAT THEY HAD BEEN IN A NATURAL RESERVE; NOR ANYTHING ABOUT THE NATURAL RESOURCES BEING PROTECTED IN OUR CITY; NOR WHY THERE WERE REGULATIONS THAT THEY WERE BEING ASKED TO FOLLOW. (if people don't know why they are being asked to follow a regulation, they are less likely to do so .) Disappointingly, this occurred after Staff's "education of over 1,000 WOW leaders about appropriate Open Space uses". We believe that in the future it is important that Natural Resource Staff "educate" WOW Leaders and incoming students about the City's Natural Reserves; the rich wildlife and habitats that City residents value and protect; and why it is important to follow the wildlife-protective requirements of the City's Open Space Ordinance. We also believe that new trailhead signage should emphasize, the words "NATURAL RESERVE". (In a number of existing trailhead signs the words "Natural Reserve" are in significantly smaller letters.) We also respectfully request the following, critical clarification; 1. At the Parks & Recreation Commission meeting on December 2, we ask that the public and the Commission be given "the big picture" of how Ranger Service time will be allotted, if the draft "Open Space Maintenance Plan" is adopted. Specifically; * The total number of full and part-time rangers. * An estimate of what percentage of the estimated total, combined Ranger hours per week/month, on the average, will be dedicated to patrolling Open Spaces for enforcement of the wildlife -protective requirements of the City's Open Space Ordinance. In other words, what percentage of total Ranger time will be dedicated primaril y to the primary purpose of Open Space....the protection of natural resources? * A realistic estimate of what percentage of the estimated total, combined Ranger hours per week/month, on the average, will be dedicated to maintenance of trails and the building of new trails in the City's Open Spaces? This primarily supports passive recreation, the secondary purpose of open space. Ranger Staff has said in meetings that the vast majority of their time in Open Space is spent on trail building and trail maintenance, which supports passive recreation, the secondary purpose of open space. 12.e Packet Pg. 118 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) * The above estimates of Ranger Staff time division, applied specifically to the Bishop Peak Natural Reserve. * We request that a summary of the responses to the above be included in the minutes for this meeting. 2. A reoccurring problem is also that there are apparently no telephone numbers to reach the Ranger Service outside of regular City Hall hours. This is especially problematic, as night use of Open Space is a large problem, but there seems to be no way to reach the Ranger Service at night. Responding to last night's use of open space on the following day, does little to "educate" those who were violating the City's Open Space Ordinance. As there is more use of open space on weekends and holidays, there is also a correspondingly larger need to also reach the Ranger service on weekends and holidays. For your review, we have attached previous correspondences on this issue. (attachments #2, #3 ) Thank you for your consideration . Respectfully submitted, Tom Eltzroth Mary Kay Eltzroth Richard Frankel Marilyn Kinsey Noni Smyth Kathy a pRoberts Jim apRoberts Julie Frankel Phil Ruggles Joanne Ruggles Carla Saunders Felicia Cashin Carol Hall Helen Sipsas 12.e Packet Pg. 119 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) Don Ramirez Leslie Stanley Nita Laloggia Janice Elliott Keith Elliott Peter Karacsony Gail Karacsony Michelle Clark Suzie Beresky David Stafford Beverly Gingg Bryan Gingg B.K. Richard Gail Steele Roger Steele 12.e Packet Pg. 120 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) PH1 - 10 12.e Packet Pg. 121 Attachment: e - Public Comment (1196 : Open Space Maintenance Plan) Page intentionally left blank. Meeting Date: 12/15/2015 FROM: Christine Dietrick, City Attorney Michael Codron, Community Development Director SUBJECT: MEDICAL MARIJUANA RESOLUTION RECOMMENDATION Adopt a resolution reaffirming that the City’s permissive zoning code prohibits marijuana businesses, operations and uses, including cultivation of medical marijuana in the city, and making a finding that the resolution is exempt from environmental review pursuant to CEQA Guidelines, Section 15061(b)(3). DISCUSSION Background New State Laws The State Legislature recently enacted, and the Governor signed into law, a package of legislation providing for the comprehensive regulation of medical marijuana at the statewide level. Assembly Bills 243 and 266, and Senate Bill 643, create an extensive statewide regulatory system for the cultivation, manufacture, testing, storage, dispensing, distribution and transport of medical marijuana. These bills take effect January 1, 2016, but the regulations implementing them are not expected to be in place until 2018. Operators that are working in compliance with local and state requirements on or before January 1, 2018 can continue operations until their application for state licensure is either approved or denied. The new legislation provides for a “dual licensing” process whereby State licenses will not be issued to operators that are not operating in compliance with local regulation or to operators in jurisdictions that prohibit medical marijuana uses and activities. Current law permits a local entity to prohibit any and all medical marijuana business or activity within its jurisdiction or to permit and regulate such activities as deemed appropriate by the local legislative body. The newly adopted state laws expressly do not apply to individu al qualified patients or caregivers growing up to 100 square feet of marijuana for an individual patient or up to 500 square feet for up to 5 qualified patients. Rather, the new laws focus on the licensing and regulation of larger scale collective-cooperative-commercial activities. New Health and Safety Code Section 11362.777, enacted by AB 243, directs the Department of Food and Agriculture to establish a Medical Cannabis Cultivation Program, requires both a state 13 Packet Pg. 122 and local permit, and prohibits submission of an application for a state license if the proposed cultivation would violate any local ordinance or regulation or if medical marijuana uses are prohibited by the jurisdiction in which the cultivation is proposed to occur, either expressly or under principles of permissive zoning. It also provides that if a city does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to ad minister a conditional permit program, then commencing March 1, 2016, the Department of Food and Agriculture shall be the sole licensing authority for medical marijuana cultivation applicants in that city. Health and Safety Code Section 11362.777(c)(4). The State is not anticipated to adopt final regulations establishing the scope and limits of cultivation activities under State licensing standards until approximately 2018. Current City Law and Enforcement Approach The City has a “permissive zoning” code, which means that uses that are not expressly or conditionally allowed, or deemed to be similar to expressly allowed uses, are prohibited within the City. Permissive zoning effectively acts as a passive prohibition on uses not listed in the City’s zoning code as permitted uses. The City, in Municipal Code Section 17.22.101 C provides: “Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone.” Table 9 of that section lists uses allowed or conditionally allowed in each zone. No use that is prohibited by or in conflict with state or federal law is included as an allowed or conditionally allowed use in Table 9 or any other provision of the City’s Zoning Code. The City has consistently taken the position that marijuana uses are not allowed under the City’s code, both because they are not expressly or conditionally allowed and because they cannot be deemed similar due to continuing conflicts with state and federal law. On that basis, the City consistently has declined to process applications for brick and mortar medical marijuana dispensaries, and to issue licenses for mobile delivery services operating within the City. The same is true for commercial cultivation operations. The City has initiated code enforcement action on commercial cultivation operations on the grounds that such uses are not expressly or conditionally allowed under the Zoning Code and, therefore, are prohibited. This permissive zoning prohibition related to medical marijuana was formally asserted by the City, as approved by the Council, as to both brick and mortar and mobile dispensaries, in a 2012 Grand Jury report response. In May 2014, staff presented regulations to Council that would have expressly prohibited dispensaries (brick and mortar or mobile) and limited and regulated personal or collective cultivation activities. Council opted not to pursue those regulations after hearing public concerns and, instead, proceeded with regulation directly addressing only the potential nuisance/odor 13 Packet Pg. 123 effects of cultivation activities. Those regulations along with other applicable standards would continue to be enforceable under the new state laws, as would the City’s permissive zoning prohibition. The City has not pursued enforcement action against non-commercial activities (i.e., small indoor and/or outdoor grows limited to qualified patients and caregivers for the personal use of qualified patients), that are not in violation of existing nuisance regulations. Finally, Council should be aware that the language in the new State regulations that is driving the need for action by March 1, 2016, is viewed by many as an unintended remnant of prior drafts that was not intended to be included in the final legislation (in part because the language only exists as to the cultivation provisions and seems otherwise inconsistent with the strong protections of local control reflected throughout the legislation). Thus, there may well be cleanup language that eliminates the March 1 deadline, but moving forward with the recommended resolution is the most cautious approach to ensure local control if that legislation does not materialize. League of California Cities Recommendation: The League of California Cities has been working diligently to assist member cities in understanding and appropriately responding to the new legislation in a timely way that ensures informed decision making about local control options. For cities like San Luis Obispo, which have relied on permissive zoning to address medical marijuana operations, the League has recommended the adoption of a resolution (effective upon adoption) formally affirming and clarifying the City’s interpretation and application of its existing zoning code. Accompanying this report is a resolution (Attachment A) that would clarify the City’s longstanding interpretation that medical marijuana cultivation is a prohibited use in the City, because it is not expressly or conditionally allowed under the City’s permissive zoning code. Staff will continue to evaluate the options available to the City Council regarding its local authority for permitting other uses under the new regulations. However, reaffirming the City’s permissive zoning code is an important step in preserving local control of cultivation activities as the state develops its regulations. In the future, the City would have the option to defer to the state licensing regulations if the City determines the state regulations create a desirable regulatory construct. Alternatively, the current action will ensure that the City will have the option of maintaining its existing permissive zoning prohibition. CONCURRENCES The Community Development Department and Police Department have reviewed and concur with the proposed approach. ENVIRONMENTAL REVIEW The resolution confirming existing law does not make any change in the current or historic policy or practice of the City, and the whole of such action is not an activ ity which may cause direct or reasonably foreseeable indirect physical change in the environment under Public Resources Code Section 21065 or California Environmental Quality Act (“CEQA”) Guidelines 13 Packet Pg. 124 Section 15378(a). Thus, the recommended action is exempt from, and not a project subject to, environmental review. Even if the adoption of this resolution reaffirming and confirming existing law are determined to constitute approval of a project under CEQA, and even if the project is not subject to any statutory or categorical exemptions, as a matter of common sense, it can be seen with certainty that there is no possibility that the activity in question, the adoption of this resolution reaffirming existing law, may have a significant effect on the environment under CEQA guidelines section 15061(b)(3). FISCAL IMPACT There is no fiscal impact associated with the recommended action. ALTERNATIVES 1. Decline to adopt the Resolution. Council could decline to adopt the recommended resolution and opt to simply rely on the staff level application of the City’s permissive zoning code. Staff would continue to decline applications for licenses, permits and entitlements for medical marijuana operations or uses and would continue to take enforcement action against unpermitted operations. This alternative is not recommended because the most clear and certain way to ensure the City’s right to assert its permissive zoning authority is to have a Council affirmation of the permissive zoning principles and their application to medical marijuana operations in the City. Failure to take affirmative action to clarify the City’s position could create undesirable ambiguity and in an unlikely, but worst case, could potentially result in ceding permitting and regulatory authority of cultivation activities to the State of California. 2. Adopt the Resolution and direct staff to develop and ordinance for the permitting or land use regulation or medical marijuana cultivation and/or other uses that would either expressly prohibit or conditionally allow activities that are currently unpermitted under permissive zoning and give staff direction as to the desired scope of regulations. This alternative is not recommended since the Council recently considered this policy alternative and det ermined that more explicit regulation was not necessary for our community. Should the council direct staff to pursue this alternative, staff would have to assess an approach to conducting the policy analysis and develop an outreach plan, as this topic is not currently in any department’s work plan. Depending on the scope of the desired approach and the level of public outreach directed, it is questionable whether this alternative could be accomplished by the existing March 2016 deadline. Attachments: a a - Resolution Permissive Zoning Medical Marijuana 13 Packet Pg. 125 R_______ RESOLUTION NO. (2015 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REAFFIRMING THAT THE CITY’S PERMISSIVE ZONING CODE PROHIBITS MARIJUANA BUSINESSES, OPERATIONS AND USES, INCLUDING CULTIVATION OF MEDICAL MARIJUANA IN THE CITY, AND MAKING A FINDING THAT THE RESOLUTION IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) WHEREAS, the City Council acknowledges that the Compassionate Use Act (CUA), passed in 1996 by the voters of the State of California, provides a defense to criminal prosecution for the cultivation, possession and use of marijuana for medical purposes and the Medical Marijuana Program Act (MMPA) establishes a voluntary participation, State-authorized medical marijuana identification card and registry database for verification of qualified patients and their primary caregivers; and WHEREAS, the City Council expressly affirms that this Resolution is not intended, and shall not be construed, to interfere with any right, defense or immunity afforded to qualified patients or their caregivers under those acts; and WHEREAS, in October 2015, Governor Edmund G. Brown signed into law Assembly Bill 266, Assembly Bill 243 and Senate Bill 643, collectively known as the Medical Marijuana Regulation and Safety Act (MMRSA), which together create an extensive statewide regulatory and licensing system for the cultivation, manufacture, testing, dispensing, distribution and transport of medical marijuana, effective January 1, 2016; and WHEREAS, the MMRSA includes certain exemptions from state licensing requirements for medical marijuana cultivation by individual qualified patients, and primary caregivers with no more than five patients; and WHEREAS, the City’s current and intended ongoing regulatory practice regarding cultivation by such qualified patients and caregivers is to direct enforcement resources only toward those uses and activities that result in nuisance or adverse health and safety impacts to other City residents or neighborhoods; and WHEREAS, AB 266 contains most of the core provisions of the regulatory structure, and authorizes the Department of Consumer Affairs, through a newly created Bureau of Medical Marijuana Regulation, to license and control all medical marijuana businesses in the state. AB 266 includes local control provisions, such as a dual licensing structure requiring a state license and a local license or permit, and provides criminal immunity for licensees; and WHEREAS, SB 643 establishes criteria for licensing of medical marijuana businesses, regulates physicians and recognizes local authority to levy taxes and fees; and 13.a Packet Pg. 126 Attachment: a - Resolution Permissive Zoning Medical Marijuana (1205 : Medical Marijuana Resolution) Resolution No. _____ (2015 Series) Page 2 WHEREAS, AB 243 establishes a regulatory and licensing structure for indoor and outdoor cultivation of medical marijuana under the jurisdiction of the Department of Food and Agriculture, and requires dual licensing by the state and the city for the cultivation of medical marijuana within a city; and WHEREAS, neither the CUA, the MMPA, nor the MMRSA preempt or otherwise preclude the City’s exercise of its local land use and zoning authority; and WHEREAS, newly adopted Health and Safety Code Section 11362.77(c)(4), added by AB 243, states that if a city does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to that section, then as of March 1, 2016, the Department of Food and Agriculture will be the sole licensing authority for medical marijuana cultivation applicants in that city; and WHEREAS, San Luis Obispo Municipal Code Section Chapter 17.22, Use Regulations, sets forth the uses allowed by zones in the City and, in Section 17.22.010 C, provides that the regulations are intended to permit similar types of uses within each zone; that the Community Development Director shall determine whether uses that are not listed are deemed allowed or allowed subject to use permit approval in a certain zone; and that the interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone; and WHEREAS, marijuana uses, including the cultivation of medical marijuana, remain illegal under federal law and the Council expressly declares that nothing in the City’s permissive zoning regulations is intended, or shall be interpreted, to allow or authorize the issuance of any City license, entitlement or permit for any use or activity that is otherwise prohibited by state or federal law, and that the City’s zoning code does not expressly or implicitly permit or make legal any use or activity that is illegal under state or federal law; and WHEREAS, the City Council hereby expressly affirms that the City zoning regulations are adopted and operate under principles of permissive zoning and that uses that are not expressly allowed or conditionally allowed under the zoning regulations are prohibited within the City of San Luis Obispo; and WHEREAS the City has consistently asserted its permissive zoning regulations as a basis to decline City permitting, licensing and entitlement applications for medical marijuana businesses and operations; and WHEREAS, on September 18, 2012, the City Council voted unanimously to approve its response to the San Luis Obispo County Grand Jury report entitled “Out of Sight, Out of Mind- Medical Marijuana in San Luis Obispo County”(“the 2012 Response”), wherein the City Council formally affirmed the City’s permissive zoning regulations, noted that neither brick and mortar medical marijuana collectives, nor collective delivery services were listed allowed uses in the Municipal Code and stated that, since such uses are not specifically allowed, “medical marijuana uses including medical marijuana collective delivery services are prohibited ;” and 13.a Packet Pg. 127 Attachment: a - Resolution Permissive Zoning Medical Marijuana (1205 : Medical Marijuana Resolution) Resolution No. _____ (2015 Series) Page 3 WHEREAS, marijuana businesses, operations or land uses, including but not limited to, medical marijuana cultivation, manufacture, storage, distribution, sale, dispensing, transport and delivery, are not expressly or conditionally allowed uses under the City’s permissive zoning regulations and, therefore, such uses are prohibited within the City under its permissive zoning regulations; and WHEREAS, the City’s zoning regulations do not establish the local consent required as a condition of the issuance of any state license for the cultivation of medical marijuana under the Medical Marijuana Regulation and Safety Act, and related statutory or regulatory licensing provisions as adopted in October 2015 or as they may subsequently be amended. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that for the reasons set forth above and herein: 1. The City Council reaffirms and declares that the City’s zoning regulations, as set forth in Title 17 of the San Luis Obispo Municipal Code, are adopted and operate under principles of permissive zoning. 2. The City Council expressly declares that, under the City’s permissive zoning code, any use that is not listed as an allowed or conditionally allowed use under the zoning regulations is prohibited. Marijuana uses, including but not limited to the cultivation of medical marijuana, are not listed as allowed or conditionally allowed within the City, are declared not to be similar to any listed allowed use and, therefore, have never been and are not currently allowed in the City. 3. The City Council further declares and directs that nothing in the City’s permissive zoning regulations or in this Resolution shall be interpreted to authorize or allow the issuance of any City license, entitlement or permit for, or to otherwise make legal or allow, any use or activity that is prohibited by local, state or federal law or to allow any use or activity that would otherwise constitute a nuisance under the laws of the City. 4. The City Council directs the State of California that no state license for the cultivation of marijuana, including medical marijuana, within the City of San Luis Obispo should be issued because such uses are not allowed under the City’s zoning regulations. 5. The reaffirmation and confirmation of existing law does not make any change in the current or historic policy or practice of the City, and the whole of such action is not an activity which may cause direct or reasonably foreseeable indirect physical change in the environment under Public Resources Code Section 21065 or California Environmental Quality Act (“CEQA”) Guidelines Section 15378(a) and, therefore, is exempt from, and not a project subject to, environmental review. 6. Even if the adoption of this resolution reaffirming and confirming existing law are determined to constitute approval of a project under CEQA, and even if the project is 13.a Packet Pg. 128 Attachment: a - Resolution Permissive Zoning Medical Marijuana (1205 : Medical Marijuana Resolution) Resolution No. _____ (2015 Series) Page 4 not subject to any statutory or categorical exemptions, as a matter of common sense, it can be seen with certainty that there is no possibility that the activity in question, the adoption of this resolution reaffirming and confirming existing law, may have a significant effect on the environment under CEQA guidelines section 15061(b)(3). Upon motion of _____________, seconded by_________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this____ day of __________, 2015. ______________________ Mayor Jan Marx ATTEST: _______________________ Jon Ansolabehere Interim City Clerk APPROVED AS TO FORM: _______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________________, __________. _______________________ Jon Ansolabehere Interim City Clerk 13.a Packet Pg. 129 Attachment: a - Resolution Permissive Zoning Medical Marijuana (1205 : Medical Marijuana Resolution) Meeting Date: 12/15/2015 FROM: Carrie Mattingly, Utilities Director Prepared By: Aaron Floyd, Water Division Manager Jennifer Metz, Utilities Projects Manger Ron Munds, Utilities Services Manager SUBJECT: 2015 WATER RESOURCES STATUS REPORT RECOMMENDATION Receive and file the 2015 Water Resources Status Report. DISCUSSION The 2015 Water Resources Status Report (Attachment A) provides an overview and update of the City’s water resources. These reports have been provided to the City Council and community since 1985 and serve to both inform future policy decisions as well as provide historical documentation of existing water conditions. 2015 Water Year Summary Potable Water Use 4,988 acre feet Recycled Water Use 168 acre feet Per Capita Demand Per Day 97.3 gallons* Per Capita Demand - 10 year running average 114.4 gallons Water Projection Model as of November 30, 2015 3.5 years Water Resource Availability (planning data) Primary Water Supply Reliability Reserve Secondary Water Supply 10,005 acre feet 7,330 acre feet 1,174 acre feet 1,501 acre feet * As a comparison, water demand in 2014 was 108.5 gallons per person per day. The reduction to 97.3 gallons per person per day amounts to a 10 percent decrease in one year. Change in Reporting Period Beginning this year, the reporting period has changed from the calendar year to the “water year”; a timeframe from October 1 through September 30. This will cover the timeframe in which rainfall typically occurs in our region and is consistent with other water reporting periods. The water year is designated by the calendar year in which it ends. This report covers water year 2015. 14 Packet Pg. 130 Response to Drought Following the Governor’s Executive order in April 2015, the State Water Board adopted mandatory reductions with the City’s required reduction at 12 percent. The community has done a laudable job in meeting the mandated reductions and has continued to demonstrate its commitment to resource conservation and stewardship. As the drought continues into its fifth year, both the State and the City have taken increasing actions to encourage water conservation through active outreach regarding the importance of water conservation continue. Efforts made by the City in 2015 have included hosting a community water forum, offering rebates and free water saving fixtures, and numerous site visits to assist concerned residents. City staff aimed for a 17% reduction during warmer months in which irrigation typically occurs to offset the lower reductions anticipated during winter months in order to achieve the cumulative 12% reduction for the period from June 2015 to end of February 2016. The following table is a summary of the water use reduction, compared to 2013, which demonstrates the community’s success in reaching this goal. Water Use Reduction from 2013 Month Percent Reduction June 20 July 26 August 25 September 19 October 19 Cumulative 22.6 Recycled Water Recycled water use for calendar year 2014 totaled 185 acre feet, up seven per cent from 177 acre feet in 2013. The recycled water use for water year 2015 was 168 acre feet. Corporation Yard Well As part of the drought response strategy adopted by City Council in June, the use of the Corporation Yard well located on Prado Road was brought under a permit system. Water use was curtailed to only allow non-construction use within the San Luis Obispo groundwater basin. This change has had the effect of generating 40 permit users for the Corporation Yard well as well as increasing the number of recycled water permits for construction from 9 to 37 and a corresponding increase in recycled water use for construction from 6 acre feet in 2014 to over 13 acre feet in 2015. Water Modeling The city uses two models to assist in water management. The first is the Water Projection Model which is used to predict the City’s current water availability. This model was updated to include data on rainfall, evaporation, stream inflow, future population growth, and downstream releases from the 2012-14 time period to more accurately reflect the impacts of the drought on reservoir 14 Packet Pg. 131 levels. Based on this analysis, the model indicated the City had approximately a three and a half year supply of water as of November 2015. The second model used is the Safe Annual Yield Model. This model defines the annual amount of water available from Salinas and Whale Rock Reservoirs when operated in a coordinated manner. Water from Nacimiento Reservoir is accounted for independently and not part of the Safe Annual Yield Model since it is a contracted amount of water delivered on an annual basis. The current combined Safe Annual Yield for Salinas and Whale Rock Reservoirs is 6,940 acre feet per year. Since it is unknown how long the drought will last, model updates used hypothetical precipitation scenarios for the upcoming rain season. The results of these model runs showed that a relatively normal rainfall year would not impact the Safe Annual Yield; however, a continued drought will negatively impact the Safe Annual Yield from these two water sources. Outlook for 2016 Work continues on several projects that will impact the City’s future water status. In September of this year, City Council authorized the signing of the letter of intent to pursue an additional allocation of over 2,100 acre feet of water from Nacimiento Reservoir. In early 2016, City Council will consider taking further action related to Nacimiento water resources. The City’s Urban Water Management Plan and Recycled Water Master Plan will be updated in 2016. Lastly, meteorologists have predicted, and City staff have prepared for, a major El Nino event associated with an above- normal rainfall season. ENVIRONMENTAL REVIEW This report does not meet the definition of a “project” under the California Environmental Quality Act (CEQA). FISCAL IMPACT There are no fiscal impacts associated with the recommended action. Attachments: a a - 2015 Water Resources Status Report 14 Packet Pg. 132 CITY OF SAN LUIS OBISPO 2015 Water Resources Status Report This Report Covers the Time Period of October 1, 2014 through September 30, 2015 Salinas Reservoir Dam, February 2015. Photo credit: County of San Luis Obispo. PREPARED BY: Ron Munds, Utilities Services Manager Jennifer Metz, Utilities Projects Manager Aaron Floyd, Utilities Deputy Director-Water 14.a Packet Pg. 133 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 2 The Water Resources Status Report updates the City Council and community on existing water resources. This report focuses on seven main areas: I. Drought II. Water Supply III. Projected Water Supply IV. Water Demand V. Water Resource Availability VI. Water Supply Accounting VII. Water Demand Management The 2015 Water Resources Status Report includes water production and water consumption data for October 1, 2014 through September 30, 2015 and was prepared in accordance with the City’s General Plan, Water and Wastewater Management Element (WWME), Policy A5.3.1. Historically, data provided in the Water Resources Status Report reflected on the preceding calendar year. Starting with this report, the Report corresponds to the Water Year (October 1 through September 30), the 12-month period for which precipitation totals are measured. This change enables the City to better report on water supply availability issues. I. DROUGHT The statewide drought has continued and is now well into the fourth year. Governor Brown declared a drought emergency on January 17, 2014 and, as part of the response, directed the State Water Resources Control Board (State Water Board) to draft water conservation regulations to respond to the emergency. The State Water Board adopted regulations prohibiting water waste in July 2014, and issued directives to reduce water use statewide. In response to the continuing drought conditions, the State Water Board extended the 2014 emergency regulations and added new measures on March 17, 2015. On April 1, 2015, the Governor issued Executive Order B-29-15 mandating increased enforcement against water waste and declared a statewide water use reduction goal of 25 percent. This action was followed by the State Water Board adopting regulations that require specific water purveyors to reduce water use in a range of 8 to 36 percent compared to their 2013 water usage . The amount of the mandated reduction is dependent on the water purveyor’s per capita use in 2013. The City’s required reduction is 12 percent. The following is a summary of the City’s progress of reaching this goal. 14.a Packet Pg. 134 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 3 2015 Reduction from 2013 June 20% July 26% August 25% September 19% October 19% The community has done an outstanding job in reducing water consumption in response to the new regulations and the city is on target to meet the State’s requirement. LOCAL RESPONSE STRATEGY The impacts of the 1987-1991 drought enculturated a strong water conservation ethic in San Luis Obispo along with an urgency to develop new water supply sources. The current statewide drought brought about unprecedented regulatory action from the State of California which resulted in a mandatory average 12 percent reduction in water use from June 2015 to February 2016, when compared with 2013 water use numbers. To achieve this mandate, the City Council adopted a drought response strategy in June 2015. This strategy includes: 1. Adoption of a resolution declaring a drought emergency; 2. Adoption of a resolution to defer new landscape installation or the use of modified landscape plans during the drought emergency; 3. Introduction of an ordinance amending Chapter 13.07 of the City’s Municipal Code to include two-day-a-week and time-of-day restrictions for outdoor watering; 4. Approval of an incentive program for high efficiency toilets and washing machines; and 5. Adoption of a resolution establishing a permit fee for the use of the Cor poration Yard groundwater well. This strategy relies on active enforcement of water waste prohibitions, with a core focus on providing information and resources to the public Nacimiento Reservoir Dam, February 2015. Photo credit: County of San Luis Obispo. 14.a Packet Pg. 135 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 4 II. WATER SUPPLY Per WWME Policy A2.2.1, the city uses multiple water sources to meet its water supply needs. The city has four primary water supply sources including Whale Rock Reservoir, Salinas Reservoir, Nacimiento Reservoir, and recycled water (for landscape irrigation and construction water), with groundwater serving as a fifth supplemental source. The supply per source for Water Year 2015 (October 1, 2014 to September 30, 2015) is summarized as follows: 2015 City Water Supply by Source (Acre Feet) Salinas Whale Rock* Nacimiento Groundwater Recycled Total Water Demand 1,122 1,718 1,891 89 168 4,988 23% 34% 38% 2% 3% 100% Notes: All Values are rounded. *Water delivered to Cal Poly State University is excluded from the City’s water demand. SALINAS & WHALE ROCK RESERVOIRS Salinas and Whale Rock Reservoirs have served as the city’s primary water supplies for over 50 years. The City pays the County of San Luis Obispo Flood Control and Water Conservation District (County) to provide oversight, operations, and maintenance of the Salinas Dam and related water delivery facilities. The City of San Luis Obispo provides the oversight, operations, and maintenance of the Whale Rock Reservoir for the benefit of the Whale Rock Commission, a joint powers agency made up of Cal Poly State University, California Men’s Colony, and the City. The city draws water from these two reservoirs to maximize the long-term water supply available from these two sources. In addition, the city has in a coordinated manner adopted policies in the WWME to account for reductions in storage capacity at each lake resulting from siltation. NACIMIENTO WATER PROJECT Water deliveries from the Nacimiento Reservoir began on January 5, 2011. The City has a contractual right to 3,380 acre feet per year. The county operates and maintains the project that delivers water from Nacimiento Reservoir to participating agencies (currently the cities of Paso Robles and San Luis Obispo, Atascadero Mutual Water Company, Templeton Community Whale Rock Reservoir, February 2015. Photo credit: County of San Luis Obispo. 14.a Packet Pg. 136 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 5 Services District, and County Service Area 10A [Cayucos]). The Nacimiento Project Commission, which is made up of representatives from each of the four agencies’ governing boards and a County Representative (who is a member of the County Board of Supervisors which also sits as the Board of Directors for the Flood Control District), provides oversight to project operations, maintenance, and the project budget. The Nacimiento pipeline was shut down on June 2, 2014 for emergency repairs and was offline for the remainder of 2014 , with flow being reinstated in April of 2015. RECYCLED WATER Recycled water use for 2014 totaled 185 acre feet, up five percent from 177 acre feet in 2013. For the 2015 Water Year, the City delivered 168 acre feet of recycled water. GROUNDWATER The City stopped supplying groundwater to its drinking water system in April 2015. Due to new regulatory requirements, using the groundwater would require additional costly treatment at the wells before the water could be used. Groundwater wells remain in operable stand-by condition should use of groundwater be required in the future . Pe r WWME Policy A 3.2.3, the Cit y does not consider groundwater a source of supply due to limitation s on its use. Cit y wells are summarized below: Well Type Use Location Pacific Beach #1 Potable Domestic Los Osos Valley Road near Pacific Beach School Corp Yard Well Non-potable Construction Water City Corporation Yard Prado Road Laguna Lake Golf Course Non-potable Irrigation Laguna Lake Golf Course on LOVR SLO City Farm Non-potable Irrigation SLO Community Farm off Highway 101 & LOVR Note: The City discontinued domestic groundwater use in 2015. 14.a Packet Pg. 137 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 6 43% 25% 21% 11% Single Family Residential Uses Multi-Family Residential Uses Non-Residential Uses Landscape Irrigation III. PROJECTED WATER SUPPLY The City uses a computer model to estimate its future reservoir storage in Salinas and Whale Rock Reservoirs. This is accomplished by applying historical drought, weather patterns, water use projections, reservoir data, and available water supplies from Nacimiento Reservoir, and recycled water. The model assumes implementation of Stage I conservation measures when supplies are projected to last three years. Stage II and III conservation measures are implemented when water supplies are estimated to last two years and one year, respectively. In December 2014 the model predicted water supplies would last six years. In early 2015, the model was updated to include the new worst case drought information (climatic data for 2012, 2013, and 2014). The model indicates the City has approximately a three year supply of water as of September 2015. IV. WATER DEMAND During Water Year 2015, 68 percent of water use in the City was for single and multi-family residential uses. Historical water use is summarized below, as well as corresponding population, per capita use rate, and precipitation. The 2015 per capita water use was 97.3 gallons per capita per day (gpcd). Based on WWME policies, the City uses the ten -year gpcd average to project water required to serve build-out population. The ten-year average water use is 114.4 gpcd. 14.a Packet Pg. 138 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 7 Population, Water Use & Rainfall Year Population Total Water Use (acre feet) Per Capita (gpcd) Rainfall1,2,3 (inches) 2006 44,559 5,999 120.2 17.2 2007 44,433 6,493 130.5 12.7 2008 44,579 6,359 127.3 18.1 2009 44,829 6,134 122.2 18.9 2010 44,948 5,489 109.0 36.0 2011 45,418 5,285 103.9 18.9 2012 45,308 5,541 109.2 21.5 2013 45,541 5,892 115.5 3.8 2014 45,473 5,524 108.5 14.2 2015 45,802 4,990 97.3 11.8 Ten-year per capita average: 114.4 Notes: 1. Rai nfa ll amou nts for 2005 –2012 cal endar year source: Cal Poly CIMIS W eather Statio n. 2. Rai nfa ll amou nt fo r calendar year 2013-2015: SLO Reservoir. 3. Rainfall for 2015 covers October 2014 through September 2015 V. WATER RESOURCE AVAILABILITY The following table summarizes the Water Resource Availability to serve the community water demand based on WWME Section 3. Water availability for 2015 is 10,005 acre feet. 2015 Water Resource Availability Water Resource Acre Feet Description Salinas & Whale Rock Reservoirs 6,940 Safe Annual Yield 1 Nacimiento Reservoir 3,380 Dependable Yield 2 Recycled Water 185 2014 Annual Usage 3 Siltation from 2010 to 2060 (500) WWME Policy A 4.2.2 4 10,005 2015 Annual Availability NOTES: 1. Safe Annual Yield determined from computer model, which accounts for siltation loss through 2010 (per WWME Policy A 4.2.1). 2. Dependable Yield is the contractual amount of water the City has rights to from Nacimiento Reservoir. 3. The quantity of recycled water included is the actual prior year’s recycled water usage (calendar year 2014) per WWME Policy A 7.2.2. 4. Reservoir siltation is a natural occurrence that reduces storage capacity over long periods, resulting in the reduction of safe annual yield. 14.a Packet Pg. 139 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 8 VI. WATER SUPPLY ACCOUNTING Per WWME Section 5, the City will account for water supplies necessary to meet three specific community needs: 1. Primary water supply 2. Reliability reserve 3. Secondary water supply The primary water supply is defined as the amount of water needed to serve the build-out population of the City as identified in the Land Use Element of the General Plan. Table 3 in the Land Use Element identifies an urban reserve capacity of 57,200 people. The quantity of water needed for the primary water supply is calculated using the ten -year average of actual per capita water use, shown in Table 2, and the population of 57,200 (2014 LUCE). Per WWME Policy A 5.2.2: Primary Water Supply: = Ten Year Average per Capita Water Use x City Build-out Population = 114.4 gal/cap-day x 57,200 x 365 day/year x Acre-Ft/325,853 gal = 7,330 Acre-Ft/year The reliability reserve provides a buffer for future unforeseen or unpredictable long -term impacts to the City’s available water supply. The quantity of water for the reliability reserve is established using 20 percent of the ten-year average of per capita water use and the existing City population (45,802, 2015 population). The reliability reserve concept is included in the City’s Charter (Section 909) which identifies that the water may not be used to serve future development, and is defined per WWME Policy A 5.2.3: Reliability Reserve: = Ten Year Average per Capita Water Use x 2014 City Population x 20% = 114.4 gal/cap-day x 45,802 cap x 365 day/year x Acre-Ft/325,853 gal x 20% = 1,174 Acre-Ft/year 14.a Packet Pg. 140 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report) City of San Luis Obispo 2015 Water Resources Status Report 9 The secondary water supply is the amount of water remaining from the City’s available water resources above those needed to meet the primary water supply and reliability reserve. The secondary supply is identified to meet peak water demand periods or short -term loss of City water supply sources, per WWME Policy A 5.2.4: Secondary Water Supply: = Current Annual Availability – Primary Water Supply – Reliability Reserve = 10,005 Acre-Ft/year A – 7,484 acre-Ft/year – 1,190 Acre-Ft/year = 1,501 Acre-Ft/year A 2015 Annual Availability Water supply accounting is summarized as follows: 2015 Water Supply Accounting (acre feet) Total Primary Water Supply Reliability Reserve Secondary Water Supply 10,005 7,330 1,174 1,501 VII. WATER DEMAND MANAGEMENT The City’s water conservation program is an integral part of its overall water management strategy. In the late 1980’s, the City implemented effective water efficiency programs and policies that allowed for continued community growth and economic development during water-constrained periods. Through strong conservation efforts, the community has reduced its annual average per capita water use from over 180 gallons in 1987 to 97 for the 2015 Water Year. REGIONAL COOPERATION Beyond the involvement in the Nacimiento Water Project, the City is a participating member of the Water Resources Advisory Council and Regional Water Management Group, which promotes collaborative, integrated management of water resources within San Luis Obispo County and provides policy recommendations to the County Board of Supervisors. In addition, the City participates in the Paso Robles Groundwater Basin Advisory Committee and the regional water conservation group Partners in Water Conservation. 14.a Packet Pg. 141 Attachment: a - 2015 Water Resources Status Report (1198 : Water Resource Status Report)