HomeMy WebLinkAbout04-19-2016 Agenda Packet FINAL
Tuesday, April 19, 2016
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
BUSINESS
1. CONSIDERATION OF A KEG REGISTRATION PROGRAM (CANTRELL /
WALLACE – 20 MINUTES)
Recommendation
Staff recommends to not move forward with a municipal keg registration program and to
focus continuing efforts on outreach and enforcement.
2. GOVERNMENT FINANCE OFFICERS FINANCE ASSOCIATION
RECOMMENDATIONS FOR THE FINANCE AND INFORMATION
TECHNOLOGY DEPARTMENT (JOHNSON / HERMANN – 30 MINUTES)
Recommendation
Receive and file a report outlining recommendations from the Government Finance Officers
Association for the Finance and Information Technology Department.
San Luis Obispo City Council Agenda April 19, 2016 Page 2
3. RECONSIDERATION OF COUNCIL DIRECTION TO STAFF REGARDING
DEMOCRACY VOUCHER FUNDING FOR MUNICIPAL ELECTIONS (DIETRICK
/ ANSOLABEHERE – 30 MINUTES)
Recommendation
Reconsider the Council’s action on March 15, 2016 regarding the citizen proposed
“Ordinance to create a system of Democracy Voucher funding for municipal elections” and
give direction whether the Council desires staff to review and analyze the proposed
ordinance for additional Council consideration.
ADJOURN TO THE REGULAR MEETING OF APRIL 19, 2016
San Luis Obispo City Council Agenda April 19, 2016 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 John Ashbaugh
PRESENTATIONS
4. ANNOUNCEMENT BY LEE PRICE, INTERIM CITY CLERK, REGARDING
ASSISTANT CITY CLERK JOHN PAUL MAIER'S CERTIFIED MUNICIPAL
CLERK (CMC) DESIGNATION (PRICE – 5 MINUTES)
5. PRESENTATION BY STEPHANIE STEPHENS REPRESENTING CALIFORNIA
PARK AND RECREATION SOCIETY (CPRS), PRESENTING AN AWARD OF
EXCELLENCE TO THE CITY OF SAN LUIS OBISPO, REGARDING THE
#PIXONPEAKS CAMPAIGN (STANWYCK / MUDGETT – 5 MINUTES)
6. PROCLAMATION - LOVE SLO (MARX – 5 MINUTES)
Presentation of a Proclamation to Love SLO commending Chris Blake, Stephanie Buresh
and the Love SLO Team of more than 600 volunteers for the hugely successful first annual
Love SLO event.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to
follow up on such items.
San Luis Obispo City Council Agenda April 19, 2016 Page 4
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.
7. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation
Waive reading of all resolutions and ordinances as appropriate.
8. MINUTES OF FEBRUARY 16, MARCH 1 AND MARCH 3, 2016 (PRICE / MAIER)
Approve the Minutes of the City Council meetings of February 16, March 1 and March 3,
2016.
9. PARKS MAINTENANCE DUMP TRUCK REPLACEMENT, SPECIFICATION NO.
91408 (GRIGSBY / BOCHUM / SHUCK)
Recommendation
1. Authorize the Finance Director to purchase a dump trailer and aerator tractor attachment
with funding originally approved to purchase a dump truck for use by the Parks
Maintenance program.
2. Authorize the solicitation of bids for an aerator tractor attachment and execute an
agreement if the lowest responsible bid is within the Fleet Manager’s maximum cost
estimate of $35,000.00.
3. Authorize the surplus designation of Fleet Asset No. 9104 Dump Truck and 0131-A4
aerator tractor attachment, by sale, auction, trade-in or other method in accordance with
the City’s policies and procedures as prescribed in the Financial Management Manual
Section 405-L and 480.
San Luis Obispo City Council Agenda April 19, 2016 Page 5
10. FLEET REPLACEMENT ACCELERATION (OLSON / GRIGSBY / BOCHUM /
SCHMIDT / COX / BETZ / SHUCK)
Recommendation
1. Approve acceleration of three vehicle replacements from FY 2016-17 to FY 2015-16
due to the extended period of time between order and receipt; and
2. Approve the lease purchase of one 2016 Pierce Arrow XT PUC 75’ Quint Aerial Fire
Apparatus in the amount of $894,650; and
3. Approve the lease purchase of one 2016 International/Tymco Street Sweeper Truck in
the amount of $246,817.60; and
4. Authorize the City Manager, Finance Director and City Attorney to execute all related
documents on behalf of the city to execute a five year agreement with PNC Equipment
Finance to accomplish these two lease purchases; and
5. Authorize the Finance Director to execute the purchase orders in the amounts noted and
associated with the fleet replacements; and
6. Approve revenue appropriation of $36,096 from the Fleet Sale of Surplus Property fund
and expenditures of $36,096 for Command Vehicle CIP ($16,247) and
Ambulance/Squad CIP ($19,849) for new equipment requirements for Ambulance/Squad
and Command Vehicle; and
7. Authorize the surplus designation of Fleet Asset No. 9403, a 1991 Pierce 75’ Quint,
Fleet asset 0021, a 2000 Chevrolet Tahoe, and Fleet Asset No. 0317, a 1998 Ford E350
Ambulance, Fleet Asset No. 0206 2001 Freightliner/Tymco Sweeper Truck by sale,
auction, trade-in or other method in accordance with the City’s policies and procedures
as prescribed in the Financial Management Manual Section 405-L and 480; and
8. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the lease purchase of a fire engine and street sweeper from
PNC Equipment Finance, LLC and approving the final form of financing documents and
official actions.”
11. REQUEST FOR PROPOSALS FOR BUSINESS LICENSE COMPLIANCE
SERVICES (JOHNSON / HERNANDEZ)
Recommendation
Authorize the issuance of a Request for Proposal for Business License Compliance Services
and authorize the City Manager to enter into an agreement not to exceed $32,000 for 2015 -
2016 and $30,000 for 2016-2017.
San Luis Obispo City Council Agenda April 19, 2016 Page 6
PUBLIC HEARINGS
12. REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS
OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO ACQUIRE
AND REHABILITATE 55 AFFORDABLE HOUSING UNITS AT 1092 ORCUTT
ROAD, 1102 IRONBARK, AND 1363 PISMO STREET (CODRON / WISEMAN – 15
MINUTES)
Recommendation
1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA)
of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986; and
2. Adopt a Resolution, entitled “A Resolution of the City Council of San Luis Obispo,
California, approving the incurring of a tax exempt obligation by the Housing Authority
of the City of San Luis Obispo for the purpose of providing financing for the acquisition
and rehabilitation of Laurel Creek, Ironbark, and Pismo Buchon Apartments.”
13. REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS
OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO DEVELOP 46
AFFORDABLE HOUSING UNITS AT 3680 BROAD STREET (CODRON /
WISEMAN – 15 MINUTES)
Recommendation
1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA)
of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986.
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the incurring of a tax exempt obligation by the Housing
Authority of the City of San Luis Obispo for the purpose of providing financing for the
construction of Iron Works Apartments.”
San Luis Obispo City Council Agenda April 19, 2016 Page 7
14. CONSIDERATION OF AN ORDINANCE TO AMEND TABLE 9 OF SECTION
17.22.010 OF THE CITY’S ZONING REGULATIONS TO CONDITIONALLY
PERMIT A NIGHT CLUB USE WITHIN THE BUSINESS PARK ZONE IN THE
AIRPORT AREA; CONSIDERATION OF A RESOLUTION AMENDING THE
AIRPORT AREA SPECIFIC PLAN TO ALLOW A NIGHT CLUB LAND USE
(LIVE INDOOR/OUTDOOR ENTERTAINMENT) WITHIN THE BUSINESS PARK
ZONE AND APPROVING A USE PERMIT TO ALLOW A NIGHT CLUB (LIVE
INDOOR/OUTDOOR ENTERTAINMENT) AND OFF-SITE PARKING AT 855
AEROVISTA PLACE (SLO BREW) (CODRON / COHEN – 90 MINUTES)
Recommendation
A public hearing to consider the following:
1. Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Table 9 of Section 17.22.010 of the City’s Municipal
Code (Zoning Regulations) conditionally permitting a night club land use within the
Business Park (B-P) Zone in the Airport Area Specific Plan Area (CODE-1316-2015).”
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, amending Table 4.3 of the Airport Area Specific Plan allowing a
night club use within the Business Park Zone, approving a night club use permit with
off-site parking in the Business Zone at 855 Aerovista Place and adopting a Mitigated
Negative Declaration of Environmental Impact as represented in the staff report and
attachments dated April 19, 2016 (CODE-1316-2015).”
BUSINESS ITEMS
15. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’ ASSOCIATION
(POA) FOR THE PERIOD OF 01/01/2016 - 06/30/2018 (IRONS / ZOCHER – 20
MINUTES)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting and ratifying the Memorandum of Agreement between the City
of San Luis Obispo and the San Luis Obispo Police Officers’ Association for the period of
January 1, 2016 through June 30, 2018.”
San Luis Obispo City Council Agenda April 19, 2016 Page 8
COUNCIL LIAISON REPORTS
(Not to exceed 15 minutes) Council Members report on conferences or other City activities.
Time limit—3 minutes each.
COUNCIL COMMUNICATIONS
(Not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a
question for clarification, make an announcement, or report briefly on his or her activities. In
addition, subject to Council Policies and Procedures, they may provide a reference to staff or
other resources for factual information, request staff to report back to the Council at a
subsequent meeting concerning any matter, or take action to direct staff to place a matter of
business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
Regular City Council Meetings are scheduled for Tuesday, May 3, 2016 at 4:00 p.m. and 6:00
p.m., in the Council Chamber, respectively, 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, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
Meeting Date: 4/19/2016
FROM: Deanne Cantrell, Chief of Police
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: CONSIDERATION OF A KEG REGISTRATION PROGRAM
RECOMMENDATION
Staff recommends to not move forward with a municipal keg registration program and to focus
continuing efforts on outreach and enforcement.
REPORT-IN-BRIEF
The Neighborhood Wellness/Community Civility Report contained a recommendation to
research the possibility of implementing a keg registration program. This Civility
recommendation under Objective Four: Review enforcement best practices, was assigned to the
City of San Luis Obispo.
The State of California Alcohol Beverage Control (ABC) has an existing keg registration
program that manages all sales of kegged beer. Various local agencies provide education to
underage residents and law enforcement provides enforcement of the ABC regulations and
nuisance order crimes in the City. Any program developed by the City of San Luis Obispo would
include some redundancy of effort already captured by ABC.
DISCUSSION
Background
On May 19, 2015 Council received the Neighborhood Wellness Community Civility Report
which detailed six (6) objectives:
Define short-term actions to enhance the quality of life
Define stakeholders’ needs and success
Identify university/city best practices
Review enforcement best practices
Engage stakeholders: review current educational and information efforts ˜ Prepare for
sustained engagement to achieve desired vision and goal
The Neighborhood Wellness Community Working Group worked to present recommendations
associated with the objective that would support the vision and goal of enhancing the quality of
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life for all residents (Attachment A.)
On December 1, 2015 Council received an update on the City led tasks as identified by the
Working Group. Many of the recommended actions or tasks outlined in the Civility Report had
been completed or are in the process of implementation (Attachment B.) Staff indicated two
recommendations that would be researched and brought back to Council the following calendar
year.
The Neighborhood Wellness Community Civility Report, Objective Four: Review Enforcement
Best Practices acknowledges that both Cal Poly and the City of San Luis Obispo have engaged
in many programs to address quality of life and neighborhood wellness. Both organizations have
expanded staff dedicated to neighborhood wellness, implemented new programs to address
nuisance order and Council has amended ordinances, such as Unruly Gathering, to give the
Police Department enhanced tools for enforcement. Listed under Objective Four was the
following recommendation:
Action: Implement a keg registration program
Desired outcome: A reduction in underage alcohol use and an accountability mechanism
for persons who serve minors
Keg Registration
Keg registration is a tool that many states use to identify the individual purchasing a keg of beer.
29 states and the District of Columbia currently have laws that mandate purchaser registration of
some kind. In California, ABC provides oversight and enforcement of keg registration.
By definition, a keg is a barrel having the capacity of 30 gallons. This size however, is not sold
in California. The half barrel which is most commonly purchased in the state, contains 15.5
gallons and dispenses approximately 165 twelve ounce servings. The quarter barrel, known as a
pony keg, contains 7.75 gallons.
Division 9 and Chapter 16 of the Business and Professions Code (B&P) of the State of California
details the regulatory provisions for the distribution, sale and purchase of alcohol. Section
25659.5 details the retail regulations for the sale of kegged beer:
Section 25659.5.
(a) Retail licensees selling keg beer for consumption off licensed premises shall place an
identification tag on all kegs of beer at the time of sale and shall require the signing of a
receipt for the keg of beer by the purchaser in order to allow kegs to be traced if the
contents are used in violation of this article. The keg identification shall be in the form of
a numbered label prescribed and supplied by the department that identifies the seller.
The receipt shall be on a form prescribed and supplied by the department and shall
include the name and address of the purchaser and the purchaser's driver's license
number or equivalent form of identification number. A retailer shall not return any
deposit upon the return of any keg that does not have the identification label required
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pursuant to subdivision (a).
(b) Any licensee selling keg beer for off premise consumption who fails to require the
signing of a receipt at the time of sale and fails to place a numbered identification label
on the keg shall be subject to disciplinary action pursuant to this division. The licensee
shall retain a copy of the receipt, which shall be retained on the licensed premise for a
period of six months. The receipt records shall be available for inspection and copying by
the department or other authorized law enforcement agency.
(c) Possession of a keg containing beer with knowledge that the keg is not identified as
required by subdivision (a) is a misdemeanor.
(d) Any purchaser of keg beer who knowingly provides false information as required by
subdivision (a) is guilty of a misdemeanor.
(e) The identification label required pursuant to subdivision (a) shall be constructed of
material and made attachable in such a manner as to make the label easily removable for
the purpose of cleaning and reusing the keg by a beer manufacturer.
(f) The department is authorized to charge a fee not to exceed the actual cost of supplying
receipt forms and identification labels required pursuant to subdivision (a). Fees
collected pursuant to this subdivision shall be deposited in the Alcohol Beverage Control
Fund.
(g) As used in this section, "keg" means any brewery-sealed, individual container of beer
having a liquid capacity of six gallons or more.
ABC provides the keg tags and log books to each retailer who sells kegged beer. Most retailers
are only selling the contents of the keg, not the vessel, and require the purchaser to pay a deposit
for the keg itself which is then returned to the purchaser when the keg is brought back. Each keg
tag has a number which is logged with the purchasers’ name, address, driver’s license number,
and date of issue (Attachment C). This information can be obtained by any sworn law
enforcement officer from a retailer.
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There is no state or national data to show keg registration laws have made an impact on underage
consumption. There is some research that has been conducted showing states that have more
strict alcohol policies have lower underage consumption rates (example: keg registration, social
host laws and suspended driving privileges), but the policies are not well studied and have little
or no evidence to support effectiveness (Child Trends, September 2014.)
In conversations with the manager of the San Luis Obispo BevMo located on Los Osos Valley
Road, he stated that “since the laws changed” [noise and unruly gathering] he doesn’t sell as
many kegs to college age individuals. In further discussion he stated the majority of the BevMo
sales were going to wedding receptions, keg refrigerators (“kegerators”) and milestone birthday
parties for older adults. The manager also indicated BevMo sells an average of 10 kegs per week
with the purchaser, on average, being 40 years of age.
Outreach to Campus Bottle, 290 California and Cork n’ Bottle, 774 Foothill provided similar
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information. Campus Bottle is averaging a sale of 15 kegs per week and Cork n’ Bottle sells an
average of 10 per week. The manager of Cork n’ Bottle stated that ¾ of their “cheap beer” keg
sales are to college age individuals and ¼ is “good beer” sales to individuals with kegerators or
for weddings and celebrations. Both owners stated that the price of kegs has increased over the
years and during the summer months, keg purchases are almost non-existent to the student age
population.
Since San Luis Obispo is a destination location for weddings and special events, there continues
to be a market for keg purchases; however, this is typically not the target demographic as it
relates to quality of life issues in the neighborhoods or addressed as part of the Civility report.
Current Trends
Staff obtained data via a survey sent out to students of Cal Poly and Cuesta College with the
following questions asked:
1. Have you ever attended an off-campus social gathering where keg beer was served?
2. Have you ever hosted a social gathering where keg beer was provided?
3. Have you ever purchased a keg of beer for a social gathering?
“Social gathering” for purposes of the survey was defined as follows: birthday parties, theme
parties (i.e. Halloween), club gatherings, Greek events, athletic team gatherings, religious study
groups and group video gaming.
1,451 responses were received and the table below indicates answers to the survey question.
Yes No I don’t know No response
Question 1 915 347 27 162
Question 2 414 872 0 165
Question 3 287 1001 0 163
Of the responses to Question 1, 70.99% of respondents indicated they had attended one or more
social gathering where keg beer was present. While the survey indicates kegs are being
purchased and are being used at social gatherings, the patrol staff of SLOPD indicates keg beer is
the least common form of alcohol found at noisy party complaints. Additionally, if keg beer is
present, other ordinances are in place to deal with individual open container or underage drinking
violations.
Enforcement
ABC enforces the state keg registration and other alcohol related laws. ABC also has a division
called TRACE (Target Responsibility for Alcohol Connected Emergencies) that is focused
enforcement by ABC investigators to determine where alcohol was acquired, purchased or
served. Should a significant alcohol related crime take place, whether involving a keg or other
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form of dispensed alcohol, TRACE would be a resource to the police department to investigate
the matter further. Additionally, ABC along with local law enforcement conducts periodic Minor
Decoy and Shoulder Tap operations to deter the furnishing of alcohol to minors.
The 4th Amendment of the Constitution is very clear providing the legal standards necessary for
law enforcement to enter private property for the purposes of conducting a search and seizure of
property. Police must have consent of the owner or be presented with exigent circumstances to
enter or possess a warrant issued by a judge allowing entry. In the instance of a party on private
property that may have a keg, unless any of the standards above were met, police officers would
not have access to the keg. The significance of the offense would merit the determination of
either exigency or the issuance of a warrant; however, low level alcohol related crimes or
offenses associate with quality of life issues typically do not rise to this need or standard.
Nonetheless, there are several existing laws which have been useful tools for law enforcement.
Social Host Ordinance MC 9.05.010 passed by council in 2009, disallows any person to
host a gathering where underage people are possessing and/or consuming alcoholic
beverages. A violation of this ordinance is a misdemeanor.
Unruly Gathering Ordinance MC 9.13.030, passed by Council in 2010 and amended in
2015, disallows the hosting or participation in a gathering deemed unruly.
Minor in Possession (MIP) Business & Professions Code 25662 prohibits individuals
under the age of 21 from possessing alcoholic beverages, is a misdemeanor and goes on
the individual’s permanent record. In addition, Vehicle Code 13202.5 provides that an
MIP conviction results also in a one-year suspension of the minor’s driver’s license or a
one-year delay in the opportunity to obtain a license if not yet a licensee.
Possession of Open Containers or Consumption of Alcoholic Beverages MC 9.04
prohibits the possession or consumption of alcoholic beverages by individuals of legal
age in public spaces.
In addition to these enforcement tools, SLO County Drug and Alcohol Services, Cal Poly Health
Services and Cal Poly Dean of Students Office provide excellent education for the student age
population of San Luis Obispo. The Student Community Success Program which launched in
2014, is mandatory for Cal Poly students who have off-campus alcohol violations (open
container, MIP, DUI, etc.) The program educates students on how their choices are not only
detrimental to their health and safety but also how it can negatively affect their neighborhood
and community. Cal Poly Health Services does a great deal of campus outreach to educate and
encourage students to make healthy decisions. New Student Orientation programs also focus on
healthy decision making and the Aware Awake Alive program helps educate students on how to
help friends and roommates should individuals over-consume.
A keg registration process is already in place under the oversight of ABC. The San Luis Obispo
Police Department has access to keg purchaser information should it become material as part of
an investigation. The net value of what a keg registration program will achieve in the form of
reducing underage drinking, excessive alcohol consumption or other associate crimes and quality
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of life issues does not present a valued use of existing resources, time or expense. Staff
recommends Council not move forward with a municipal keg registration program and maintain
focus on continuous outreach and education while also enforcing existing regulations.
CONCURRENCES
The Finance and IT Department and City Attorney concur with the recommendations in this
report.
FISCAL IMPACT
Creating a keg registration program would have a significant impact on existing staff resources
to implement, monitor and continuously operate. There would be associated expenses with
clerical and administration costs to fully support a program.
ALTERNATIVES
1. Direct staff to return to Council with options for a local keg registration program and
financing options.
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May 12, 2015
The Honorable Jan Marx
Mayor
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dr. Gil Stork
Superintendent/President
Cuesta College
Highway 1
San Luis Obispo, CA 93403
Dr. Jeffrey D. Armstrong
President
Cal Poly State University
1 Grand Avenue
San Luis Obispo, CA 93407
Dear Mayor Marx, Drs. Stork and Armstrong:
On behalf of the Neighborhood Wellness/Community Civility Effort working group, we are pleased
to present our final report for acceptance. The report contained with this letter is the result of 18
months of collaboration and discussions among residents, students, university and college staff, and
City leadership.
The action plans and timelines for implementation contained within this report are the result of a
consensus agreement by all members of the working group, and these actions will result in
improved neighborhood wellness in San Luis Obispo. All groups are ready to begin
implementation, upon acceptance of this report.
We welcome your suggestions to the report’s action items. The Student Community Liaison
Committee is the body identified in this process to consider modifications during their oversight of
this plan’s implementation.
Thank you for the opportunity to serve the San Luis Obispo community!
Sincerely,
Keith B. Humphrey, Ph.D. Sandee L. McLaughlin
Vice President for Student Affairs Vice President for Student Services & College Centers
Cal Poly Cuesta College
Enc.
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San Lui s Obi spo
Neighborhood Wellness/Community
Civility Effort
FINAL REPORT
Spring 2015
- Enhancing the quality of life for all residents -
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Neighborhood Wellness/Community Civility Effort, Final Report | San Luis Obispo, CA Page 2
TABLE OF CONTENTS
OVERVIEW ................................................................................................................................................. 3
PROCESS ..................................................................................................................................................... 4
OBJECTIVE ONE: Define short-term actions to enhance the quality of life .............................................. 5
OBJECTIVE TWO: Define stakeholders’ needs and success ....................................................................... 7
OBJECTIVE THREE: Identify university/city best practices ................................................................... 10
OBJECTIVE FOUR: Review enforcement best practices .......................................................................... 17
OBJECTIVE FIVE: Engage stakeholders: review current educational & information efforts .................. 23
OBJECTIVE SIX: Prepare for sustained engagement to achieve desired vision & goal ............................ 25
APPENDIX A: Working Group Membership ........................................................................................... 28
APPENDIX B: Council Agenda Report .................................................................................................... 29
APPENDIX C: Full Survey Report ........................................................................................................... 54
APPENDIX D: Matrix of All Action Items .............................................................................................. 70
APPENDIX E: Post March 7 Recommendations ...................................................................................... 76
APPENDIX F: Maintaining Balanced Neighborhoods Report .................................................................. 79
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OVERVIEW
ith the focus of making San Luis Obispo an even more vibrant community for residents
and students to reside in, community representatives, Cal Poly and Cuesta College
administrators, students and San Luis Obispo city staff have worked side by side to coordinate
their efforts through the Neighborhood Wellness/ Community Civility Effort. The effort was
launched in May of 2013 with the support of the San Luis Obispo City Council, Cal Poly
President Jeffrey Armstrong, and Cuesta College President/Superintendent Gil Stork. This
initiative aimed to discuss the changing culture of neighborhoods in San Luis Obispo resulting
from the shifts of owner-occupied households to the increase in rental units, specifically by
student-aged individuals.
Collectively, the working group has a vision of building “a community in which year-round
residents and students actively collaborate to build community and communicate in an
environment that fosters mutual respect and understanding.”
The unified goal of the working group has been to develop ideas for stakeholder consideration
that are intended to “ enhance the quality of life for all residents.” The group responded to the
six objectives created by the San Luis Obispo City Council with subsequent recommendations,
desired outcomes, implementation leads and partners, and timelines for implementation.
The objectives are outlined below, and each is addressed thoroughly in this report.
Define short-term actions to enhance the quality of life
Define stakeholders’ needs and success
Identify university/city best practices
Review enforcement best practices
Engage stakeholders: review current educational and information efforts
Prepare for sustained engagement to achieve desired vision and goal
W
From the recommendations above and active collaboration within the working group, three
overall themes emerged:
Increase communications from Cal Poly and Cuesta College
Develop responses through solution-oriented initiatives
Set in motion proactive measures to avoid repeating past mistakes and preventing new
problems from occurring
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PROCESS
Beginning work in October of 2013, the Neighborhood Wellness/Community Civility Effort
working group conducted a thoughtful study of the objectives outlined by the San Luis Obispo
City Council and created a process to efficiently move the community into action.
Champions were assigned to each objective, and the subsequent 13 meetings, hosted by Cuesta
College, were devoted to discussions of the objectives, led by the champions.
Champions for the objectives are presented below:
Note: Names in parentheses denote past working group members.
During the robust discussions for each objective the entire working group offered feedback on
the work of the champions and direction on how to proceed. Each group returned to conduct
further studies based on the feedback and direction of this group. The champions provided
recommendations to the working group in late 2014. Each of the recommendations were
discussed and affirmed during the monthly meetings, which focused specifically on one
particular objective. It is those recommendations that are presented in this report.
OBJECTIVE ONE:
Karen Adler, Julie Towery
OBJECTIVE TWO:
Katie Lichtig, Joi Sullivan
(Jason Colombini), Dr. Anthony Gutierrez,
Ju v ent i no Or t i z
OBJECTIVE THREE:
Derek Johnson, Stephanie Teaford
(Justin Wellner, Betsy Kinsley)
OBJECTIVE FOUR:
Joe Arteaga, Steve Gesell, George Hughes,
Chris Staley, Brenda Trobaugh
OBJECTIVE FIVE:
Scott Chedester (Charles Scovell),
Dr. Anthony Gutierrez,
Kimberly Hampton, Joi Sullivan
(Jason Colombini), Christine Wallace
OBJECTIVE SIX:
Dr. Keith Humphrey,
Sandee McLaughlin
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Goal
To define short-term actions that could be
implemented to enhance the quality of life for all
residents, particularly associated in the timeframe
around the start of Cal Poly’s fall term.
OBJECTIVE ONE: Define short-term actions
to enhance the quality of life
Champions
Karen Adler, Community
Julie Towery, Community
Background
Historically, there has been an increase in calls for
service around the neighborhood areas adjacent to
Cal Poly coinciding with start of the school year. This
objective is set to define what short-term actions
could lead to positive long-term effects during that
timeframe. Short-term actions are also distributed
among all objectives, thus are not exclusive to
objective one.
Recommendations
Schedule regular neighborhood tours with city council, mayor, neighbors, Cal Poly and
Cuesta College leaders, etc.
Investigate establishing Student Nighttime Auxiliary Patrol (S.N.A.P.) Ride-Along
program and promote current Police Ride Along program
Explore the option of creating a noise ordinance in public spaces on streets and
sidewalks for gatherings of more than 50 people by issuing citations or other alternative
options
Consider expanding tools to enforce ordinances for nuisance properties including, but not
limited to, “tagging” properties that meet a definition of a public nuisance or unruly
gatherings in terms of both property-maintenance concerns and behavior issues
Evaluate policies so that new development or redevelopment does not unduly impact
neighborhoods
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Actions Desired Outcomes I mpl ement at i on
Leads & Partners
Timeline for
Implementation
Schedule regular neighborhood
tours with city council, mayor,
neighbors, Cal Poly and Cuesta
leaders, etc.
Allow neighbors to
point out
neighborhood
issues
Cal Poly Ongoing, began
Summer of 2014
Investigate establishing S.N.A.P.
Ride-Along program and
promote current Police Ride
Along program
Increase the
amount of support
to assist with
complaints and
allow officers to do
other police work
City of San Luis
Obispo
Fall 2015
Explore the option of creating a
noise ordinance in public spaces
on streets and sidewalks for
gatherings of more than 50
people by issuing citations or
other alternative options
Decrease number
of noise complaints
City of San Luis
Obispo
Spring 2016
Consider expanding tools to
enforce ordinances for nuisance
properties including, but not
limited to, “tagging” properties
that meet a definition of a public
nuisance or unruly gatherings in
terms of both property-
maintenance concerns and
behavior issues
Hold repeat noise
violators
accountable
City of San Luis
Obispo
Spring 2016
Evaluate policies so that new
development or redevelopment
does not unduly impact
neighborhoods.
Decrease properties
that allow for high
occupancy
City of San Luis
Obispo
Fall 2016
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OBJECTIVE TWO: Define stakeholders’ needs and success
Champions
Dr. Anthony Gutierrez, Cuesta College
Katie Lichtig, City of San Luis Obispo
Juventino Ortiz, Community
Joi Sullivan (Jason Colombini), Cal Poly
Goal
For Cal Poly, Cuesta College and the City of San Luis Obispo to use the results of the
community-wide survey to suggest efforts for implementation to address community-defined
issues.
Background
The purpose of this objective is to identify the stakeholders’ needs and suggest solutions so that
the outcomes reflect a desired environment for the community.
To obtain a comprehensive assessment of the community’s needs and what success looked like,
a communitywide survey was mailed in May of 2014. A total of 3, 774 surveys were completed
and returned, physically and electronically. Of the completed surveys, 1,706 were from non-
student residents, 1,783 were from individuals identifying themselves as either Cal Poly or
Cuesta students, and 318 individuals did not associate themselves with any group. The full
survey results and discussion is offered in Appendix C.
Recommendations
The assessment results provided a clearer picture of the stakeholder perceptions, which helped
develop potential recommendations, such as:
Evaluate best practices and implement strategies to reduce the number of disruptions from
parties and noise in neighborhoods (as referenced in Objective Three)
Develop and implement a rental housing inspection program
Implement a range of strategies to change the relationship and culture between students
and non-students in neighborhoods
Explore and implement strategies to address the concentration of bars in the downtown
area and related safety issues. Consider using strategies identified in the Land Use and
Circulation Element (LUCE) update to achieve this objective
Implement educational programs to increase the number of student-aged residents who
bring in their trashcans on the same day the trash is picked up
Implement strategies to reduce traffic issues in neighborhoods. Consider using strategies
identified in the Land Use and Circulation Element update to achieve this objective
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Continue to implement strategies to address homelessness in San Luis Obispo
(particularly in the downtown area)
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
I mpl ement at i on
Evaluate best practices and
implement strategies to reduce
the number of disruptions from
parties and noise in
neighborhoods (as referenced in
Objective Three)
Reduce noise
disruptions
Cal Poly and Cuesta
College
(programmatic) City
of San Luis Obispo
(enforcement)
Fall 2015
Develop and implement a rental
housing inspection program
Insure that rental units
comply with required
minimum health and
safety standards
City of San Luis
Obispo
Fall 2016
Implement a range of strategies
to change the relationship and
culture between students and
non-students in neighborhoods
(no specific recommendations
discerned from the survey
results)
Improve student and
community
relationships
Cal Poly Associated
Student, Inc. (ASI)
and Associate
Students for Cuesta
College (ASCC)
Spr i ng 2016
Explore and implement
strategies to address the
concentration of bars in the
downtown area and related
safety issues. Consider using
strategies identified in the Land
Use and Circulation Element
update to achieve this objective
Address and decrease
safety-related issues
City of San Luis
Obispo
Ongoing per
LUCE strategies
Implement educational programs
to increase the number of
student-aged residents who
bring in their trashcans on the
same day the trash is picked up
Increase the number
of student-age
residents to comply
with the 24-hour
ordinance
City of San Luis
Obispo
Ongoing
Continue to implement strategies
to address homelessness in San
Luis Obispo (particularly in the
downtown area)
A reduction in the
impacts of
homelessness on the
community
City of San Luis
Obispo
Ongoing
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Implement strategies to reduce
traffic issues in neighborhoods.
Consider using strategies
identified in the Land Use and
Circulation Element update to
achieve this objective
Reduce traffic-related
issues in
neighborhoods
City of San Luis
Obispo
Ongoing
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OBJECTIVE THREE: Identify university/city best practices
Champions
Derek Johnson, City of San Luis Obispo
Stephanie Teaford (Betsy Kinsley, Justin Wellner), Cal Poly
Goal
To identify best practices that can be undertaken by Cal Poly, in collaboration with the City of
San Luis Obispo, to enhance positive interactions between students and permanent residents.
Background
Universities and colleges across the nation impact the communities in which they exist in both
positive and negative ways. The impact of students in residential neighborhoods has prompted
higher education institutions to share best practices that can lead to improvements in
community relationships and mitigate negative impacts. The objective explored various
programs and efforts undertaken by universities and colleges nationwide. The following
recommendations could provide a framework for improving relations between student
residents and permanent residents of San Luis Obispo.
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Recommendations
To address student rental properties
Create and implement a transition to Off-Campus Living Education Program, to be
shared with Cuesta College’s Student Life Office
Include expectations and responsibilities of living in neighborhoods in the City
of San Luis Obispo (e.g. local ordinances)
The successful completion of a culminating test will result in a Preferred Renter
Certification with potential benefits offered by landlords
Work with the city to generate a neighborhood map of housing rental properties and
provide outreach to student renters by funding welcome bags for neighbors to distribute
to establish positive interactions (University of Colorado, Boulder)
Create a Renter/Rental Housing Inspection Program. Students and landlords can work
together for preferred renter/rental designation
o Beautification Program: “Door Decal” or “Golden Arrow” for upkeep of
property and meeting standards for appearance and safety
o Student Affairs Awards: Awarded yearly to no-complaint housing (LaSalle
University)
o Preferred rental properties listed with the city
o Request the release of judicial information to off campus entities (Plymouth State
University)
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To alleviate nighttime noise and to build compassion and understanding
Develop outreach and marketing efforts toward students (University of Massachusetts,
Amherst)
Implement a Party Registration Program. Develop a program to incentivize party
registration that provides the opportunity for the San Luis Obispo Police Department to
contact the party registrant and offer a 20-minute warning before dispatching S.N.A.P.
or a police officer. This provides the students a way to minimize impacts on enforcement
resources (University of Colorado, Boulder)
Initiate Dialog Dinners or Block Parties for students and residents to talk about what
they like most about their neighborhoods (University of Colorado, Boulder)
Promote the principles of the The Mustang Way in neighborhoods:
o Student Neighborhood Liaisons: Block parties/events for networking. (University
of Minnesota, Twin Cities & Towson University)
o Neighborhood Helping Hands: Volunteerism for neighbor assistance (e.g. fruit
picking, ladder needs, barn raising, etc.). Coordinate with campus departments
to provide Learn by Doing experiences within neighborhoods for senior projects
and other work-related majors such as horticulture, landscape architecture,
construction management and others.
o Peer-to-peer engagement for neighborhood policing; “Walk this Way Program”
(University of Massachusetts, Amherst)
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To improve collaboration and understanding among students, non-students and city
groups, and to increase engagement in problem solving
Continue to engage and communicate collaboratively among students, non-students and
city groups. See Student Community Liaison Committee (SCLC), below.
Utilize various on-campus departments and offices that support living off-campus (Off-
Campus Student Life; Cuesta College Student Life and Leadership; Student & Community
Relations; Office of Neighborhood Life; Student Neighborhood Relations; Neighborhood
University Relations and Neighbors; and Student Life and Leadership at Cuesta College) to:
o Support all students, non-students, and permanent residents in the communities
surrounding Cal Poly
o Educate students about university policies and local ordinances
o Continue to build and strengthen neighborhood relations by facilitating dialogue
o Promote civic citizenship to create a positive quality of life for everyone living in the
neighborhoods (Georgetown University)
o Specific communications and strategies could include:
A 100 percent response policy for any time, any issue, by enforcing a
prompt and meaningful response
The police provide a blueprint that lets students and neighbors
know exactly what to expect when a community concern is
registered with the university
The policy will establish a standard for reporting an incident
(through a university helpline); clear steps that would be taken for
follow-up with the student (through an updated sanction chart)
and community members; and what data would be collected to
create a metric to evaluate student success and outcomes
(Georgetown University)
Sustained conflict resolution services such as “ SLO Solutions,” a
jointly sponsored citywide conflict-resolution program specifically
designed to address student-neighbor issues and provide a means
for constructive resolution. Since 2004, this program has used the
services of Creative Mediation to resolve a variety of community
disputes at no cost to those seeking mediation
Sustained SCLC effort. For more than 20 years, Cal Poly’s Associated
Students, Inc. (ASI), Associated Students of Cuesta College (ASCC), and
the city have served as leaders on the committee. It was established to
further student and community communication and develop positive
relationships
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Neighborhood Concerns Phone Line: Neighbors can call in with concerns.
Cal Poly and Cuesta College staff can recommend actions and contact
students (Colorado University, Boulder)
Quarterly walkabouts and coffee sessions with city residents and
representatives from Cal Poly, Cuesta College and the city
One-hour walkabouts will be scheduled, every third month and
will take place at various times throughout the neighborhoods
surrounding the campus. During these walks they will explore
student housing rentals, party atmosphere, traffic impacts and
Greek housing
One-hour coffee sessions or “listening sessions” will be scheduled
every third month, in the afternoon, at a local venue to discuss
such topics as the Cal Poly Master Plan and vision for the future,
diversity and inclusivity, students in the community, and year-
end accomplishments and challenges
Develop proactive engagement of law and code enforcement with visits to properties of
concern; “Knock and Talk” (University of Maryland).
Implement a Joint Letter Program. Police contact with students in off-campus housing
who generates letters signed by the university, police and city that outlines expectations.
It is sent to the resident and landlord (University of Oregon)
o Tagging for repeat offending or problem properties
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Actions Desired Outcomes I mpl ement at i on
Leads & Partners
Timeline for
I mpl ement at i on
Create and implement a
transition to Off-Campus
Living Education Program, to
be shared with Cuesta
College’s Student Life Office
Set expectations and
responsibilities for
students living in
neighborhoods in the
City of San Luis Obispo
Cal Poly Summer 2015
Work with the city to generate
a neighborhood map of
housing rental properties and
provide outreach to student
renters by funding welcome
bags for neighbors to
distribute to establish positive
interactions
Establish positive
interaction with City
Cal Poly ASI ,
ASCC, City of San
Luis Obispo
Spr i ng 2016
Create a Renter/Rental
Housing Inspection Program
Rental properties that
meet minimum health
and safety standards
Cal Poly, City of San
Luis Obispo
Spr i ng 2016
Develop outreach and
marketing efforts toward
students
Raise awareness of the
impacts of noise on
neighborhood
Cal Poly Spring 2016
Implement a Party
Registration Program.
Develop a program to
incentivize party registration
that provides the opportunity
for the San Luis Obispo Police
Department to contact the
party registrant and offer a 20-
minute warning before
dispatching S.N.A.P. or a
police officer
Fewer noise citations City of San Luis
Obispo
Spr i ng 2016
Initiate Dialog Dinners or
Block Parties for students and
residents to talk about what
they like most about their
neighborhoods
Create positive
interactions between
students and year-
round residents
Cal Poly ASI, ASCC Ongoing
Promote the principles of the
The Mustang Way in
neighborhoods
Enhance a positive
culture of peer-to-peer
accountability in
neighborhoods
Cal Poly ASI Ongoing
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Continue to engage and
communicate collaboratively
among students, non-students
and city groups
Improve collaboration
and understanding
among students, non-
students and city
groups
SCLC Ongoi ng
Utilize various on-campus
departments and offices that
support living off-campus to
support students, non-
students and permanent
residents living in
neighborhoods.
Educate students about
university policies and
ordinances, strengthen
neighborhood relations
by facilitating dialogs
Cal Poly & Cuesta
College
Fall 2015
Develop proactive
engagement of law and code
enforcement with visits to
properties of concern; “Knock
and Talk”.
Positive engagement
with law enforcement
and decrease repeat
offending properties
City of San Luis
Obispo
Ongoing
Implement a Joint Letter
Program.
Police contact with
students in off-campus
housing generates
letter signed by
university, police and
city that outlines
expectations sent to
resident and landlord
Cal Poly Fall 2015
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Goal
That Cal Poly, Cuesta College and the City of San Luis Obispo police departments consider
implementing strategies to address community civility and quality-of-life matters.
OBJECTIVE FOUR: Revi ew enforcement best pract i ces
Champions
Joe Arteaga, Cuesta College
Steve Gesell, City of San Luis Obispo
George Hughes, Cal Poly
Chr i s Staley , Ci ty of San L ui s Obi spo
Brenda Trobaugh, Cal Poly
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Background
In the past several years, both Cal Poly and the City of San Luis Obispo have engaged in
numerous programs to address quality of life and community wellness.
Both organizations have expanded professional staff dedicated to neighborhood wellness,
created and modified ordinances, and implemented new programs to address pubic disorder
and nuisance crimes including but not limited to:
Amendments to the noise ordinance
In 2010 the San Luis Obispo Police Department made recommendations to the city council
regarding changes to the existing noise ordinance to improve noise reduction efforts. The
modifications included reducing the number of allowable warnings to one every six months
and to hold residential property owners responsible for repeat noise violations. Many landlords
have since added language to their lease and rental agreements with penalties levied to their
tenants who receive noise violations. These modifications were accepted by city council and
noise complaints were significantly reduced by 30 percent for the following year and have been
maintained since (see Table 1 below).
Table 1: Total noise party violations reported from 2009 to 2014.
2009 2010 2011 2012 2013 2014
Noise Violations 2584 2238 2013 1644 1672 1729
0
500
1000
1500
2000
2500
3000
Noise Party Violations
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Unruly Gathering Ordinance
In 2010 the San Luis Obispo Police Department conducted research on Unruly Gathering
Ordinances. After extensive research and outreach to the community and Cal Poly, an Unruly
Gathering Ordinance was proposed and accepted by the city council. The ordinance was
intended to prevent substantial disturbances on private property in a neighborhood. This
included unlawful and disruptive behavior by large groups of people. On April 6, 2010, the city
council adopted section SLMC 9.13.030 Prohibition of Unruly Gatherings. A violation of the
Unruly Gathering Ordinance consists of hosting a gathering on private property that:
Involves 20 people or more; and
Involves unlawful conduct that creates a substantial disturbance in a significant segment
of a neighborhood.
“Unlawful conduct that results in a substantial disturbance can include such things as excessive noise,
public drunkenness, serving alcohol to minors, fighting, urinating in public, crowds overflowing into
yards, sidewalks, or streets, or similar unlawful behaviors.”
Neighborhood Officer Program
The San Luis Obispo Police Department initiated its Neighborhood Officer Program on
December 1, 2013. The goal of the Neighborhood Officer Program is to quickly identify
community issues, concerns, problems and crime trends that have long-term quality-of-life
impacts on a particular neighborhood. The Neighborhood Officer Program allows for officers to
coordinate resources to help solve these problems. This model of policing is both a philosophy
and an organizational strategy that allows police and community residents to work closely
together in new ways to solve problems associated with crime, fear of crime, social disorder and
neighborhood decay.
Attainable goals of this program include:
Maintain or increase public confidence in the Police Department
Decrease fear of crime
Listen to and address citizen concerns
Bring community resources together to solve problems
Impact specific crime problems
Reduce repetitive calls for service
Educate the public about its Police Department
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Student Community Success Program
In 2013 Cal Poly hired a full-time off-campus student life coordinator to be both proactive and
reactive in supporting students and neighborhood residents with neighborhood wellness
initiatives. Responsibilities of the position include:
Coordinate the resolution of off-campus conduct with university administration, city
government and community members to find solutions for student’s problems or
concerns
Assist in mediating and resolving student/community conflicts
Effect change in the social climate and relationships with specific responsibility of
working with students and their neighbors within the local community
Implement training sessions, presentations, and educational programs regarding
substance abuse, civic and social responsibility
One goal of the program is to create a Student Community
Success Program with the mission to help students be successful
off campus and address community concerns. The program is
intended to change and encourage inappropriate behavior
through community and student meetings, workshops,
leadership panels, and peer-mentoring opportunities.
Cal Poly University Police Off-Campus Patrols
By authority of the California Penal Code, the University Police
Department has legal authority to exercise peace officer powers
within a one-mile radius of the exterior boundaries of campus
(see Appendix A). In 2014 Cal Poly hired two additional police
officers to expand proactive patrols within the neighborhoods
directly adjacent to campus. The focus of these patrols has been
to proactively discourage and enforce public disorder crimes.
Recommendations
City and Cal Poly officials should craft a Memorandum
of Understanding (MOU) agreement between the city and university regarding police
operational protocol
Partner Cal Poly and Cuesta police officers with San Luis Obispo Neighborhood Officers
to coordinate resources and achieve program goals
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City should explore additional proactive educational opportunities with Cal Poly and
Cuesta College to change the student culture related to neighborhood wellness
Implement a keg registration program
Conduct an internal assessment of the San Luis Obispo Police Department staffing to
prepare for growth within the city and on the Cal Poly campus to ensure staffing needs
match the population
Conduct an internal assessment of the University Police Department staffing to meet the
growth on the Cal Poly campus
Explore the possibility of Cal Poly Police being able to issue City Municipal
Administrative Citations
Location of a university police substation within the new residence hall project to
coordinate law enforcement problem-solving efforts
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Actions Desired Outcomes I mpl ement at i on
Leads & Partners
Timeline for
I mpl ement at i on
City and Cal Poly officials to craft
a Memorandum of Understanding
agreement between the city and
university regarding police
operational protocol within a one-
mile radius
Allows for
coordination of
resources to quickly
respond to
community concerns
Cal Poly, City of
San Luis Obispo
Fall 2015
Partner Cal Poly and Cuesta police
officers with San Luis Obispo
Neighborhood Officers to
coordinate resources and achieve
program goals
To coordinate
resources and obtain
program goals
City of San Luis
Obispo
Fall 2015
City should explore additional
proactive educational
opportunities with Cal Poly and
Cuesta College to change the
student culture related to
neighborhood wellness
Change student
culture related to
neighborhood
wellness
SCLC Fall 2016, and
with each annual
report
Implement a keg registration
program
A reduction in
underage alcohol use
and an accountability
mechanism for
persons who serve
minors
City of San Luis
Obispo
Fall 2016
Conduct an internal assessment of
the San Luis Obispo Police
Department staffing to prepare for
growth within the city and on the
Cal Poly campus to ensure staffing
needs match the population
Meet the needs of the
community as
population grows
City of San Luis
Obispo
Spring 2016
Conduct an internal assessment of
the University Police Department
staffing to meet the growth on the
Cal Poly campus
Meet the needs of Cal
Poly as student
population grows
Cal Poly Spring 2016
Explore the possibility of Cal Poly
Police being able to issue City
Municipal Administrative
Citations
To be able to patrol in
neighborhoods
adjacent to Cal Poly
campus
Addressed via
MOU identified
above
Location of a university police
substation within the new
residence hall project to coordinate
law enforcement problem-solving
efforts
Coordinate law
enforcement outreach
and problem solving
efforts
Cal Poly Fall 2018
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Goal
To engage stakeholders: review current educational and informational efforts.
OBJECTIVE FIVE: Engage stakeholders: review current educational &
information efforts
Champions
Scott Chedester (Charles Scovell), Cuesta College
Dr. Anthony Gutierrez, Cuesta College
Kimberly Hampton, Cal Poly
Joi Sullivan (Jason Colombini), Cal Poly
Christine Wallace, City of San Luis Obispo
Background
This objective examines the methods, content and effectiveness of educational efforts put
forward by Cal Poly, Cuesta College, the City of San Luis Obispo, and student resident groups.
The inventory of channels of communication was compiled by representatives of Cal Poly,
Cuesta College, and the City of San Luis Obispo. Neighborhood wellness meeting attendees,
Cal Poly and Cuesta College student focus groups were presented with the inventory. An
additional student subcommittee met to discuss the effectiveness of current methods and
content. Suggestions for outreach changes made during the presentations based on the content
effectiveness are reflected in the recommendations of this report.
Recommendations
The recommendation is to collaboratively create an annual communications plan containing
neighborhood wellness messages and a process for communicating the information effectively
to maximize resources. The communication plan should be reassessed annually to evaluate
effectiveness and to ensure resources are not duplicated or wasted. Communications plan
participants could consist of representatives from Cal Poly, Cuesta College and the city.
Suggest i ons for t he Subcommi t t ee
Produce a variety of impactful electronic and print media to educate residents on
property maintenance standards, with a specific focus on repeat offenders in
neighborhoods
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Revive the Off-Campus Housing Guide (University of Colorado, Boulder)
Produce video for new Cuesta College students to view as part of the required online
orientation on “how to be a good neighbor”
Produce “good neighbor” and Safety Enhancement Zone videos for
www.respectslo.com (Linked to Cal Poly websites and campus television stations)
Cal Poly University Housing bulletin boards made available for “ good neighbor” and
Safety Enhancement Zone messaging
Cuesta College bulletin boards are made available for “good neighbor” and Safety
Enhancement Zone messaging.
Create and play radio public service announcements on KCPR
Conduct annual presentations to Block P – Cal Poly Athletics
Develop an information distribution plan with off-campus housing providers and
property management; request Safety Enhancement and good neighbor materials be
posted
Housing resident assistant training to include off-campus impacts
Create better avenues of communication with Greek Life house owners
Produce Safety Enhancement Zone door hangers
Produce banners and sandwich boards to be displayed in the Cal Poly and Cuesta
College university unions about community and neighborhood wellness issues
Produce table tents in Cal Poly University Union and Cuesta College cafeteria
Involve off-campus housing providers (property management companies, housing
complex managers) in outreach efforts
Actions Desired Outcomes I mpl ement at i on
Leads & Partners
Timeline for
Implementation
Create an annual
communications plan
containing neighborhood
wellness messages and a
process for
communicating the
information effectively to
maximize resources
Effectively inform the
community on matters of
neighborhood wellness
City of San Luis
Obispo
Winter 2015
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Goal
The purpose of objective six of the report is to ensure that the plans developed in objectives one
through five are implemented, assessed, and folded into the regular operations of the
appropriate agency (for ongoing efforts). Additionally, the goal is to sustain regular
communications between Cal Poly, Cuesta College, the City of San Luis Obispo, residents and
students.
OBJECTIVE SIX: Prepare for sustained engagement to achieve desired vision & goal
Champions
Dr. Keith Humphrey, Cal Poly
Sandee McLaughlin, Cuesta College
Background
Neighborhood wellness issues in San Luis Obispo have historically been fragmented within
each agency by implementing its own projects, causing confusion among year-round residents,
and limiting the effectiveness of each individual effort. There is a unified desire among all
constituencies in San Luis Obispo to see the quality of life improve in neighborhoods, and a
structure to coordinate these efforts was missing. For almost three decades, the Student-
Community Liaison Committee (SCLC) has brought the students of Cal Poly and Cuesta
College together with city officials and residents for communication and discussion. This forum
has been valuable to all parties, as any culture change related to neighborhood wellness rests
with the students.
Recommendations
Re-invest in the Student-Community Liaison Committee
The Student-Community Liaison Committee should assess the effectiveness of each
recommendation once they have been implemented
Shi f t SCLC member shi ps
Host an annual town hall meeting
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Actions Desired Outcomes I mpl ement at i on
Leads & Partners
Timeline for
Implementation
Re-invest in the Student-
Community Liaison
Committee
Become the coordinating
body responsible for
monitoring the
recommendations, once
adopted by the city council,
Cal Poly and Cuesta
College
SCLC Fal l 2015, ongoi ng
The Student-Community
Liaison Committee should
assess the effectiveness of
each recommendation
once they have been
implemented
Recommend the
appropriate changes, and
produce an annual report
on the state of
neighborhood wellness in
the City of San Luis Obispo
SCLC Ongoing
Shift SCLC memberships SCLC memberships should
be reevaluated to directly
involve those individuals
(by their position) most
directly involved in
neighborhood wellness
SCLC Spr i ng 2016
Host an annual town hall
meeting
Present their report to the
community, receive
feedback and suggestions
from the broader San Luis
Obispo community
SCLC Spr i ng 2016,
ongoing
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Appendix A: Working Group Membership Page 28
APPENDIX A: Working Group Membership
Dr. Keith Humphrey, Co-Chair Cal Poly
Sandee McLaughlin, Co-Chair Cuesta College
Karen Adler Community
Joe Arteaga Cuesta College
Scott Chedester (Charles Scovell) Cuesta College
Steve Gesell City of San Luis Obispo
Dr. Anthony Gutierrez Cuesta College
George Hughes Cal Poly
Kimberly Hampton Cal Poly
Derek Johnson City of San Luis Obispo
Katie Lichtig City of San Luis Obispo
Juventino Ortiz Community
Chris Staley City of San Luis Obispo
Joi Sullivan (Jason Colombini) Cal Poly
Stephanie Teaford (Betsy Kinsley, Justin Wellner) Cal Poly
Julie Towery Community
Brenda Trobaugh Cal Poly
Christine Wallace City of San Luis Obispo
Sharon Spatafora, Administrative Support Cuesta College
Daisy Chavez, Copy Writing Cal Poly
Yukie Murphy, Graphic Design & Editing Cal Poly
Jo Ann Lloyd, Copy Editing Cal Poly
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Neighborhood Wellne ss and Community Civility Initiative:
Summary Report from the
City of San Luis Obispo Opinion Survey
Peter B. Chi, Ph.D.
Department of Statistics
California Polytechnic State University
San Luis Obispo, CA 93407
1 Intro duction
On May 21, 2013, the Neighborhood Wellne ss / Community Civility Effort was launched in order to
foster and improve the relationship between year round residents of San Luis Obispo, and students of
California Polytechnic State University (Cal Poly), and Cuesta College. Specifically, there has been
a growing concern regarding student partying and disruptive behavior across the city of San Luis
Obispo. This has been highlighted by particular incidents of recent years, such as Cal Poly’s Week
of Welco me (WOW) in 2012, when an estimated 2000+ students congregated in the residential area
just directly south of campus, causing disruption and safety concerns as roads became impassable
(City of San Luis Obispo, 2013)
In addition to implementing particular strategies aimed at addressing WOW scheduling to at-
tempt to keep students occupied on campus instead of disrupting neighborhoods surrounding cam-
pus, the Neighborhood Wellness / Community Civility Effort implemented an opinion survey across
the city of San Luis Obispo. This survey was meant to capture feedback from permanent residents
and students, with the aim of identifying strategies to produce outcomes towards the overall goal of
neighborhood wellness.
In this report, data from the survey a re analyzed and reported in order to identify any notable
trends. With no specific a priori hypotheses, this exploratory data analysis aims to capture anything
that may be revealed from the data. A particular focus of the analyses, however, will be on identifying
potential sources of conflict between Cal Poly students and non-student residents of San Luis Obispo.
APPENDIX C: Full Survey Results Page 54
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2 Metho dology
The City of San Luis Obispo Opinion Survey was distributed with utility bills and across campus at
Cal Poly. A total of 3,807 responses were received, and entered into SurveyMonkey (SurveyMonkey
Inc., 2014). For analyses, the entire dataset was exported from SurveyMonkey as a comma-separated
text file and imported into the statistical analys is p latform called R (R Development Core Team,
2011).
Questions were written to either gain identifying information on an individual (such as “With
what ethnicity do you most identify?”), or to gain content regarding how the individual feels about
a particular topic or situation (such as a Likert-scale response to “I feel as though my neighbors are
respectful of my property.”). For this report, these will be referred to as “identifying questions” and
“content questions,” respectively. Figures 1 and 2 below are the actual survey, where the identifying
questions can be seen in Figure 1: Questions 1 through 12, and the content questions are Questions
13 through the end, across both Figures 1 and 2.
1. Do you live in San Luis Obispo city limits?
O Yes. I am eligible to continue with the survey.
O No. If you do not currently live in San Luis Obispo we
would appreciate your willingness to fill out the survey.
However, our primary initial focus is to target relations
within San Luis Obispo city limits and we are limiting
survey participants to this area.
2. What is your age?
O 18-24 years old O 59-65 years old O 25-31 years old O 66-71 years old
O 32-38 years old O 72-78 years old
O 39-45 years old O 79-85 years old
O 46-51 years old O 86+ years old
O 52-58 years old
3. With what gender do you identify?
O Male O Transgender
O Female O No response.
4. Are you currently attending Cal Poly San Luis Obispo,
Cuesta College, or Allan Hancock College?
O Yes. I am attending Cal Poly San Luis Obispo.
O Yes. I am attending Cuesta College.
O Yes. I am attending Allan Hancock College.
O No. I am not currently attending any of these schools.
If you are attending one of these schools, what year are you
and what is your major?
5. With what ethnicity do you most identify?
O African American/Black
O American Indian/Alaska Native
O Asian
O Latino
O Native Hawaiian/Other Pacific Islander
O White/Caucasian
O Other (please specify):
6. Where is your current residence located? Please use
your best judgement when picking a neighborhood
O On Cal Poly’s campus.
O Laguna area.
O Cal Poly area.
O Tank Farm/Broad area.
O Johnson/Sinsheimer area.
O Downtown area.
O Foothill/N. Chorro area.
7. How many years have you lived in San Luis Obispo?
8. Were you born in San Luis Obispo?
O Yes
O No
9. How many people live in your household (include
yourself in the number)?
O 1 O 3 O 5 O 7
O 2 O 4 O 6 O 8+
10. In what age group are the people who live in your
household (mark all that apply)?
O 0-17 years old O 52-58 years old
O 18-24 years old O 59-65 years old
O 25-31 years old O 66-71 years old
O 32-38 years old O 72-78 years old
O 39-45 years old O 79-85 years old
O 46-51 years old O 86+ years old
11. How many more years do you see yourself staying in
San Luis Obispo?
O I have no plans of leaving.
O 1 year O 5 years O
2 years O 6 years O
3 years O 7 years O
4 years O 8+ years
12. If you are renting your residence, please mark all that
apply:
O I am renting a room in a shared residence.
O My residence is managed by a property management
company.
O My landlord lives outside San Luis Obispo.
O My landlord lives in San Luis Obispo.
O My landlord lives in my residence.
O I am not renting my residence.
O Other (please specify):
13. When I return to my house after school or work:
O I can assume that there will be parking relatively
close to my house.
O I frequently have trouble finding parking relatively
close to my house.
O I rarely find parking relatively close to my house.
Comments:
14. After the garbage companies empty the trashcans, I
usually bring in my household’s trashcans off of the
street:
O The same evening.
O Sometime the next day.
O Within the next 2 – 3 days.
O Within the next week.
Comments:
15. After the garbage companies empty the trashcans,
my neighbors usually bring in their household’s
trashcans off of the street:
O The same evening.
O Sometime the next day.
O Within the next 2 – 3 days.
O Within the next week.
Comments:
16. I frequently observe the following conditions in my
neighborhood (check all that apply)?
O Parking on the front yard.
O Parking in the driveway with the vehicle extending over
the sidewalk.
O Fences with missing boards or that is not structurally
sound.
O Indoor furniture used outside or placed on rooftops.
O Storage of inoperable vehicles or equipment.
O Storage of building materials or other debris not
associated with a valid building permit.
O Illegally parked cars (i.e. opposite direction, red curb,
etc.)
Other (Please specify):
17. I feel my neighborhood should be quiet on a
weeknight (Sunday – Thursday) by approximately:
O 7 p.m. – 8 p.m.
O 8 p.m. – 9 p.m. O
9 p.m. – 10 p.m. O
10 p.m. – 11 p.m. O
11 p.m. or later
Comments:
18. I typically notice my neighborhood is quiet on a
weeknight (Sunday – Thursday) by approximately:
O 7 p.m. – 8 p.m.
O 8 p.m. – 9 p.m. O
9 p.m. – 10 p.m. O
10 p.m. – 11 p.m. O
11 p.m. or later
Comments:
19. I feel my neighborhood should be quiet on a
weekend night (Friday – Saturday) by approximately:
O 7 p.m. – 8 p.m. O
8 p.m. – 9 p.m. O 9
p.m. – 10 p.m.
O 10 p.m. – 11 p.m.
O 11 p.m. or later
Comments:
20. I typically notice my neighborhood is quiet on a
weekend night (Friday - Saturday) by approximately:
O 7 p.m. – 8 p.m.
O 8 p.m. – 9 p.m. O
9 p.m. – 10 p.m. O
10 p.m. – 11 p.m. O
11 p.m. or later
Comments:
21. I feel comfortable addressing my neighbor if a
concern arises.
Strongly Disagree Disagree N eutral Agree Strongly Agr ee
O O O O O
Comments:
22. I feel as though my neighbors are respectful of my
property.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
23. I think there is enough unsolicited police presence (not
responding to a call) in my neighborhood.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
24. I would like to see more unsolicited police presence
(not responding to a call) in my neighborhood. St r o n gl y
Disagree Disagree Neutral Agree Strongly Agree O
O O O O
Comments:
25. Please mark all that apply in regards to the following
statement: If one of my neighbors hosts a social
gathering, I often notice…
O Parking becomes unavailable quickly.
O Garbage is left on my or other neighbors’ property.
O Vomit on my or other neighbors’ property.
O Other unwanted objects on my property.
O Loud and disruptive activity on the street.
O Little or no problems.
Comments:
26. When I first moved to San Luis Obispo, the quality of
life within the San Luis Obispo residential community
was:
Strongly Unfavorable Neutral Favorable Strongly
Unfavorable Favorable
O O O O O
Comments:
27. Currently, I feel the quality of life within the San Luis
Obispo residential community is:
Strongly Unfavorable Neutral Favorable Strongly
Unfavorable Favorable
O O O O O
Comments:
28. If there is a discrepancy between your answers to
Questions 26 and 27, please comment on the shift of
your view on community climate.
Comments:
Figure 1: Opinion Survey, page 1
APPENDIX C: Full Survey Results Page 55
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29. I believe the relationship between college-age students
and permanent residents is important.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
30. I believe college-age students provide value to the San
Luis Obispo community.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
31. I believe permanent residents provide value to the San
Luis Obispo community.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
32. I believe a meaningful relationship between the college-
age students and permanent residents should be a
priority of the local government.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
33. I feel as if I am welcome to participate in discussions
about improving community relationships.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
34. I feel as if I should be included in discussions about
improving community relationships.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
35. I believe college-age students provide an important role
in facilitating economic growth within the San Luis
Obispo community.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
36. I would recommend living in my neighborhood to a
friend.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
37. I support a rental inspection program for commercial
and residential housing.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
38. I believe property owners of rental properties are
responsible for ensuring tenants are not disruptive
to neighbors.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
39. I believe property owners can be proactive with their
tenants about not being disruptive in residential
neighborhoods.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
40. I believe city leaders have enacted ordinances and
programs to improve neighborhood civility.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
41. I believe Cal Poly and Cuesta have enacted policies
and regulations for standards of conduct for their
students to improve neighborhood civility.
Strongly Disagree Disagree Neutral Agree Strongly Agree
O O O O O
Comments:
42. Have you ever been invited to be a participant in a
discussion that involved Cal Poly and/or Cuesta and
permanent residents?
O Yes
O No
Other (Please specify):
43. Have you ever participated in a discussion that
involved Cal Poly/Cuesta and permanent residents?
O Yes
O No
Other (Please specify):
44. If invited to participate in a discussion that involved
Cal Poly/Cuesta and permanent residents, would you
participate?
O Yes
O No
Other (Please specify):
45. At what times of the year, if any, do you notice the
most disturbances in community neighborhoods?
O Winter
O Spring
O Summer
O Fall
Comments:
46. If you could fix one issue in San Luis Obispo, what
would it be?
47. What suggestions do you have to improve the
relations between the college-age students and
permanent residents?
48. Are you interested in being contacted to share your
opinions on these community related issues in the
future?
O Yes, my e-mail is:
O No
Neighborhood Wellness
and
Community Civility
Initiative
CITY OF SAN LUIS OBISPO
OPINION SURVEY
In May of 2013, community representatives, Cuesta and Cal
Poly administrators, students, and San Luis Obispo officials
convened and ultimately launched a Neighborhood W ellness
and Community Civility Initiative. Collectively, the group has
a vision of a community in which year round residents and
students actively collaborate to build community and
communicate in an environment that fosters mutual respect
and understanding. With this vision comes a goal of
enhancing the quality of life for all residents, with particular
emphasis on building positive relations between residential
and student–aged neighbors through a cultural shift in social
behaviors.
To learn more about this initiative, please visit
www.slocity.org/police/communitycivility.asp
The following survey is an integral s t e p i n this initiative. In
order to assess the current conditions of neighborhood
wellness, surveying residents of all ages and backgrounds
will provide guidance for future actions taken by officials of
San Luis Obispo, Cal Poly San Luis Obispo, and Cuesta
College. Please answer honestly and explain when you
feel necessary. Should you have concerns arise about the
survey, please contact Christine Wallace at
cwallace@slocity.org.
You have two options. You may complete the enclosed
survey and return it in the postage-paid envelope OR
you may complete the survey on-line at:
https://www.surveymonkey.com/ s/PPNJHF6. Only one
survey per person and only one survey per official
postage-paid envelope please.
Figure 2: Opinion Survey, page 2
Where appropriate, distributions of variables were compared using a standard statistical proce-
dure known as a χ2 goodness-of-fit test (Pearson, 1900). As this pro ject was exploratory in nature,
however, few formal statistical tests were actually performed. The ma jority of trends were simply
shown in a qualitative manner, in graphical or tabular form. Additionally, a regular expression search
was performed for certain free response questions, to isolate any common words that appeared most
frequently.
3 Results
3.1 Descriptive Statistics
An overview of our dataset, resulting from 3807 survey responses, is shown in Table 1. As expected,
the vast ma jority of those between 18-24 years old are Cal Poly students (1591 out of 1672). Also,
approximately 23% of non-students live in two areas that have a substantial student population: the
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All residents Non-students Cal Poly Students Cuesta Students
Characteristic Count Percent Count Percent Count Percent Count Percent
Age 18-24 years o ld 1672 47.913 0.81591 95.86051.7
25-31 years o ld 144 4.168 4 54 3.32118.1
32-38 years o ld 117 3.4101 6 10 0.6 5 4.3
39-45 years o ld 119 3.4107 6.33 0.2 8 6.9
46-51 years o ld 114 3.3109 6.50 0 5 4.3
52-58 years o ld 264 7.6 256 15.21 0.1 6 5.2
59-65 years o ld 346 9.9 336 19.90 0 7 6
66-71 years o ld 275 7.9 273 16.20 0 1 0.9
72-78 years o ld 205 5.9 196 11.60 0 2 1.7
79-85 years o ld 148 4.2144 8.50 0 1 0.9
86+ years o ld 87 2.583 4.92 0.1 0 0
Ethnicity
African American/Black 17 0.5 4 0.2 12 0.7 1 0.9
American Indian/Alaska Native 12 0.370.4 2 0.1 3 2.6
Asian 167 4.835 2.1128 7.7 3 2.6
Latino 162 4.732 1.9113 6.8 15 13
Native Hawaiian/Other Pacific Islander 14 0.480.5 5 0.3 1 0.9
White/Caucasian 2951 85.21518 91.11329 80.2 85 73.9
Other (please specify) 140 4 62 3.7 69 4.2 7 6.1
Neighborhood
Cal Poly area. 746 21.6 134 8 592 35.7 18 18
Downtown area. 427 12.3 281 16.7 127 7.7 19 19
Foothill/N. Chorro area. 629 18.2 252 15 354 21.4 16 16
Johnson/Sinsheimer area. 372 10.8 305 18.2 52 3.1 11 11
Laguna area. 469 13.6 333 19.8 115 6.9 16 16
On Cal Poly’s campus. 376 10.9 0 0 374 22.6 1 1
Tank Far m/Broad area. 441 12.7 373 22.2 43 2.6 19 19
Table 1: Descriptive Statistics for the entire dataset
“Cal Poly area” and the “Foothill/N. Chorro area.” Among these non-student residents of these
two areas, roughly 90% of them are above the age of 38, pointing towards the possibility of conflict
between these residents and Cal Poly students.
To determine the extent to which our study sample may have been biased with respect to the
target population of all San Luis Obispo citizens, a comparison of the distributions of age and eth-
nicity from our survey was made to that of 2010 Census data (U.S. Census Bureau, 2010). The
χ2 goodness-of-fit test revealed that our age and ethnicity distributions were indeed statistically
significantly different from those of the Census data. Specifically, 18-24 year olds were overrep-
resented in our sample (47.9% compared to 39.6% in Census data), and African Americans were
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underrepresented in our sample (0.5% compared to 1.2% in Census data). Additionally, Hispanic o r
Latino ethnicities were not explicitly recorded in the 2010 Census data, so our accuracy with this
population is unknown.
3.2 Strong Majority Opinion Exploration
Our first analysis was to examine whether any content questions had a strong ma jority responding
in any particular way. We scanned through the entire survey responses, with a threshold of 80%
indicating a strong ma jority. Also, we looked at this within subgroups of the dataset, with subgroups
defined by combinations of the identifying questions.
Among all of the content questions, only two questions surfaced as having strong ma jority opin-
ions through this exploration. They were (with majority response bolded):
• W hen I return to my house after school or work:
– I can assume that there will be parking relatively close to my house
– I frequently have trouble finding parking relatively close to my house
– I rarely find parking relatively close to my house
• After the garbage companies empty the trashcans, I usually bring in my household’s trashcans
off of the street:
– The same evening
– Sometime the next day
– Within the next 2-3 days
– Within the next week
In the entire dataset, 81.1% responded that they can find parking relatively close to their house,
and 80.9% responded that they bring in their trashcans on the same evening. Among subgroups
defined by age, gender, ethnicity and all other identifying questions, plus combinations thereof,
many subgroups identified these same two questions/responses at a greater than 80% rate. No other
content question surfaced as having at least 80% of responses matching.
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Proportion 0.0 0.2 0.4 0.6 0.8 3.3 Contrasting Questions Exploration
3.3.1 Trashcans
As observed in the previous section, 80.9% of the study sample reported that they bring their
trashcans in on the same day. While this does not directly point to any possible conflict, we
can compare this to the responses of the next question: “After the garbage companies empty the
trashcans, my neighbors usually bring in their household’s trashcans off of the street. . . ” Specifically,
we can examine the distribution of responses among those who stated that they bring in their
trashcans on the same day. Any of these individuals who report that their neighbors do anything
other than bring their trashcans in on the same day will form a group who are potentially upset by
this situation. This is summarized in Figure 3.
Neighbors bring in their trashcans...
(among those who responded that they bring in their trashcans the same evening)
The same
Sometime the
Within the
Within the
evening next day next 2−3 days next week
Response
Figure 3: Distribution of responses about their neighbors, by people who reported bringing in their
own trashcans on the same evening as the garbage companies empty them
Since this is only among those who responded that they themselves bring in their trashcans on
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Proportion 0.0 0.2 0.4 0.6 0.8 1.0 the same evening that the garbage companies empty them, it is plausible that they might expect
the same from their neighbors. Thus, we observe that just over 30% of these individuals might
potentially be upset by this situation.
Additionally, we explored whether this dichotomy was driven by a differing attitude between
students and non-students. That is, when do students b ring in their trashcans, and when do non-
students b ring in their trashcans? This is summarized in Figure 4.
After the garbage companies empty the trashcans, I usually bring in my trashcans off the street:
Non−students
CP students
The same Sometime the Within the Within the
evening next day next 2−3 days next week
Response
Figure 4: Student vs. non-student responses regarding when they bring in their own trashcans
As we observe above, Cal Poly students tend to bring their trashcans in at a later time than the
non-student population. In particular, only about 60% of Cal Poly students report that they bring
their trashcans in on the same evening.
Finally, we examined the free responses attached to this question. Among a total of 156 non-
students who left a free response, approximately 35 of them left a comment that voiced frustration
at the situation, such as:
• “But some NEVER bring them in!”
• “The adults do. Students not so much.”
• “Po ly students don’t understand trash rules.”
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Proportion 0.0 0.1 0.2 0.3 0.4 0.5 7−8pm 8−9pm 9−10pm 10−11pm 11pm or later In contrast, approximately 10 of the comments appeared to indicate that this should not be a
concern of the city, e.g.:
“I actually have no idea, I don’t care what my neighbors do with their trash cans as
long as they don’t block my driveway.”
The remaining comments appeared to be either neutral or of undeterminable tone. Also, an exam-
ination of the student comments to this question revealed virtually zero who voiced frustration at
the situation. It is important to note, however, that all of these counts are quite imprecise, as it was
left entirely up to human judgement of a written phrase.
3.3.2 Time that it should b e quiet
Questions 17 and 18 asked contrasting questions about what time it should be, and actually is, quiet
on a weeknight. The overall distributions are summarized in Figure 5.
I feel my neighborhood should be/is quiet on a weeknight (Sunday −Thursday) by approximately:
should be
is
Figure 5: Side-by-side distributions of when it should be and is quiet on a weeknight.
To determine the proportion who might potentially be upset at the situation surrounding this ques-
tion, we categorized people as “potentially upset” if they responded that it usually is quiet at a later
time than what they stated for when it should be quiet. In the entire dataset, 16.8% responded
that it is quiet at a later time than they feel that it should be, on a weeknight. When separated
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Proportion 0.0 0.1 0.2 0.3 0.4 0.5 7−8pm 8−9pm 9−10pm 10−11pm 11pm or later into Cal Po ly students and non-students, the percentage potentially upset was 17.0% and 16.4%,
respectively.
Questions 19 and 20 were similar to Questions 17 and 18, but posed for the weekend nights. The
overall distributions are summarized in Figure 6.
I feel my neighborhood should be/is quiet on a weekend (Friday−Satu rday) by approximately:
should be
is
Figure 6: Side-by-side distributions of when it should be and is quiet on a weekend.
To determine the proportion who might potentially be upset at the situation surrounding this ques-
tion, we categorized people as “potentially upset” if they responded that it usually is quiet at a later
time than what they stated for when it should be quiet. In the entire dataset, 14.8% responded that
it is quiet at a later time than they feel that it should be, on a weekend night. When separated
into Cal Poly students and non-students, the percentages potentially upset were 9.9% and 18.0%,
respectively.
3.3.3 Quality of life at first vs. currently
Questions 26 and 27 asked about the quality of life in San Luis Obispo, when first moved to the town,
and currently. The overall distributions are summarized in Figure 7. Overall, it appears that people
are reporting a declining quality of life after living in San Luis Obispo for some amount of tim e.
Specifically, 28.8% of all respondants reported that their current quality of life is worse than when
they first moved to San Luis Obispo. W hen separated into Cal Poly students and non-students, the
percentages reporting a worse quality of life currently were 13.0% and 40.4%, respectively.
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Proportion 0.0 0.1 0.2 0.3 0.4 0.5 Quality of live when first moved to / currently in San Luis Obispo:
When first moved
Currently
Strongly
Favorable
Neutral Unfavorable Strongly
Favorable Unfavorable
Figure 7: Side-by-side distributions of quality of life when first m oved to San Luis Obispo vs.
currently.
An examination of the written comments, however, revealed no obvious trend or cause of the
decline. Among non-students, comments ranged from
“crime, drugs, late nite partys, housing authority trash/noise”
to
“Too much nit-picking while real problems go unresolved.”
Although far fewer Cal Poly students reported a decline in quality of life over the time that they
have lived here, there was a modest trend towards comments that expressed disdain for increasing
rules/restrictions and police presence among those who did (16 out of 37 total written comments
from Cal Po ly students).
3.4 Cal Poly and Footh ill / N. Chorro area residents
As mentioned in Section 3.1, the Cal Poly and Foothill / N. Chorro area are two locations in San
Luis Obispo with a high mixing of students and non-students. A summary of responses to the Likert
scale questions, separated by students and non-students in these areas, is shown in Table 2.
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Table 2: Likert scale questions for residents of the Cal Poly and Foothill / N. Chorro area residents, separated by
Cal Poly students and non-students.
Strongly Strongly
Agree Agree Neutral Disagree Disagree
I feel as though my neighbors are respectful of my property.
Cal Poly Students 0.21 0.46 0.18 0.11 0.05
Non-students 0.29 0.41 0.14 0.11 0.05
I would like to see more unsolicited police presence (not responding to a call) in my neighborhood.
Cal Poly Students 0.03 0.11 0.27 0.25 0.33
Non-students 0.20 0.29 0.36 0.11 0.05
I believe the relationship between college age students and permanent residents is important.
Cal Poly Students 0.34 0.53 0.10 0.02 0.01
Non-students 0.540.39 0.05 0.01 0.01
I believe college age students provide value to the San Luis Obispo community.
Cal Poly Students 0.51 0.39 0.07 0.02 0.01
Non-students 0.26 0.510.18 0.04 0.02
I believe permanent residents provide value to the San Luis Obispo community.
Cal Poly Students 0.39 0.49 0.10 0.02 0.01
Non-students 0.71 0.26 0.01 0.01 0.01
I believe a meaningful relationship between the college age students and permanent residents should be a priority of the local government.
Cal Poly Students 0.19 0.40 0.26 0.11 0.05
Non-students 0.42 0.40 0.13 0.02 0.02
I feel as if I am welcome to participate in discussions about improving community relationships.
Cal Poly Students 0.07 0.28 0.33 0.22 0.10
Non-students 0.14 0.510.26 0.07 0.02
I feel as if I should be included in discussions about improving community relationships.
Cal Poly Students 0.20 0.46 0.29 0.05 0.00
Non-students 0.17 0.510.29 0.02 0.01
I believe college age students provide an important role in facilitating economic growth within the San Luis Obispo community.
Cal Poly Students 0.60 0.33 0.05 0.01 0.00
I would recommend living in my neighborhood to a friend.
Non-students 0.29 0.44 0.19 0.06 0.02
Cal Poly Students 0.39 0.45 0.11 0.03 0.02
Non-students 0.32 0.33 0.14 0.10 0.11
I support a rental inspection program for commercial and residential rental housing.
Cal Poly Students 0.20 0.32 0.27 0.14 0.08
Non-students 0.37 0.31 0.16 0.08 0.07
I believe property owners of rental properties are responsible for ensuring tenants are not disruptive to neighbors.
Cal Poly Students 0.09 0.27 0.24 0.26 0.14
Non-students 0.53 0.31 0.05 0.06 0.05
I believe property owners can be proactive with their tenants about not being disruptive in residential neighborhoods.
Cal Poly Students 0.11 0.500.25 0.09 0.06
Non-students 0.55 0.37 0.06 0.02 0.01
I believe city leaders have enacted ordinances and programs to improve neighborhood civility.
Cal Poly Students 0.05 0.30 0.38 0.13 0.14
Non-students 0.10 0.45 0.32 0.10 0.03
I believe Cal Poly and Cuesta have enacted policies and regulations for standards of conduct for their students to improve neighborhood civility.
Cal Poly Students 0.06 0.35 0.38 0.13 0.08
Non-students 0.04 0.28 0.41 0.20 0.09
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Notably, the distribution of responses for Cal Po ly students vs. Non-students differed at a
statistically significant level for all of the questions in the table above, except for the question:
“I feel as if I should be included in discussions about improving community relation-
ships.”
That is, every other Likert scale question in the above table points to a dichotomy of attitudes when
comparing students vs. non-students who live in the Cal Poly and Foothill / N. Chorro areas.
One specific contrast of interest is the differing of attitudes about who should be responsible
for whether tenants are disruptive to their neighbors o r not. Among non-students, roughly 80-
90% believe (either “Strongly Agree” or “Agree”) that property owners should be responsible for
their tenants regarding their disruptiveness to neighbors, whereas only about 30% of students feel
similarly. On the other hand, when asked if property owners can be proactive about the same issue,
approximately 60% of students responded with either “Strongly Agree” or “Agree,” pointing to at
least some degree of openness to communication with their landlords regarding noise issues.
Additionally, the trashcan and quiet time issues from Sections 3.3.1 and 3.3.2 are at an increased
level in the Cal Poly and Foothill / N. Chorro areas. Using the same “potentially upset” definition
as in the previous sections, approximately 37.0% of non-students living in these areas fall into this
categorization. By comparison, in Section 3.3.1 we saw that approximately 30% of all citizens (that
is, all students and non-students) fell into this categorization; in fact, this percentage is the same
for non-students across all neighborhoods, indicating an increase in the proportion in this category
for the Cal Poly and Foothill / N. Chorro areas. Regarding the tim e that it should be quiet on a
weekday night, approximately 28.0% of non-students are categorized as potentially upset, and 31.2%
are potentially upset for the weekend nights (compared to 17.0% and 18.0% as stated in Section
3.3.2).
3.5 Issues and Suggestions: written comments
Question 46 asked:
“If you could fix one issue in San Luis Obispo, what would it be?”
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Using a regular expression search, Table 3 shows the most common words found in the responses,
separated by students and non-students.
non-students Cal Poly students
word count word count
downtown 110 students 142
homeless 90 college91
traffic 87 residents 53
rental 72 noise52
Poly 58 campus 47
street 42 parking 46
noise 41 housing 46
bars 40 police42
residents 39 permanent 41
cars 35 Poly 39
Table 3: Most common words found in written responses to the question, “If you could fix one issue
in San Luis Obispo, what would it be?”
All short words such as prepositions, conjunctions, and other low-content words (such as “more”)
were removed from the list. Some words that do appear on the list may not be that revealing, such
as the usage of “students” or “college” by Cal Poly students in their comments. On the other hand,
an examination of the non-student comments containing the word “downtown” showed comments
that mainly focused on homelessness (overlapping with #2) and disruptive behavior associated with
the bars (overlapping with #8).
Question 47 asked:
“W hat suggestions do you have to improve the relations between the college-age
students and permanent residents?”
Again using a regular expression search, Table 4 shows the most common words found in the
responses to this question, separated by students and non-students.
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non-students Cal Poly students
word count word count
students 335 students 192
neighbors 103 residents 153
residents 93 college 137
Poly 80 permanent 111
college 80 community 71
campus 75 campus 55
respect 70 neighbors 45
community 60 noise36
landlords 45 people 35
behavior 44 think 35
Table 4: Most common words found in written responses to the question, “W hat suggestions do you
have to improve the relationship between the college-age students and permanent residents?”
Again, not all words are extremely revealing. Of note, however, is the fact that the words “rule(s),”,
“regulation(s),” and “fine(s)” do not appear on either list, suggesting that neither students nor
non-students tend to believe that an increase in city ordinances is the answer. In contrast, we see
words such as “respect,” “community” and “neighbors,” suggesting that ultimately, students and
non-students would like to co-exist in a harmonious manner. A specific response to this question
that exemplifies this sentiment is one from a non-student living in the Foothill / N. Chorro area
that states:
“Have a beer with them - as long as they are of legal drinking age. Otherwise, you
might have to buy them a fountain drink.”
4 Discussion and Conclusions
In this report, we summarize the results f rom the City of San Luis Obispo Opinion Survey. Certain
trends were explored, with a focus on potential sources of conflict between Cal Poly students and non-
student residents of San Luis Obispo. It is important to note that, since this analysis was exploratory
in nature, all of the findings must be treated as suggestive, rather than as strong evidence in favor
or in opposition of any notion.
Additionally, there is a slight concern for bias in the dataset, as noted in Section 3.1. The
distributions of age and ethnicity in our survey dataset were statistically significantly different from
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that of the Census data. However, the differences were not drastic; although this may indeed be a
concern, it is relatively minor.
Among all potential sources of conflict in San Luis Obispo, the one with the largest indication
is the time that neighbors bring their trashcans in, with approxim ately 30% of all residents being
potentially upset. Noise at night does not appear to be as much of an issue, except specifically in
the Cal Poly and Foothill / N. Chorro areas, where non-students are potentially upset at a rate of
approximately 30% on both weeknights and weekends.
The survey also revealed a vast dichotomy of attitudes between non-students and Cal Poly
students. This is exposed in the responses to the Likert Scale questions in Table 2, and also with
regard to when each group tends to bring their trashcans in. It does not appear likely that this
systematic difference in attitude could be corrected by specific fines and ordinances. Rather, any
strategy to remedy this must be aimed at addressing this broadly, both am ong students who plan
to live off-campus, and for non-students who live in heavily student-populated areas.
Future work could examine the question of whether any implemented strategies are working. In
particular, certain increases in fines have indeed been in place since May 2010, aimed specifically at
Halloween and St. Patrick’s Day (City of San Luis Obispo, 2013). Fr om a statistical standpoint,
the data up to this point do not suggest that the increase in fines have been an effective deterrent
of citable offenses. It is of course possible that, with more data, the evidence could arise, and this
question could possibly be addressed properly at that time.
However, as mentioned above, this report does not support the notion that specific increases
in fines will achieve outcomes consistent with neighborhood wellness. As student and non-student
attitudes and expectations about residential life in San Luis Obispo are so dichotomous at this time,
this must be addressed systematically, rather than by attempting to deter specific behaviors.
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References
City of San Luis Obispo. Council agenda report, 2013.
K. Pearson. On the criterion that a given system of deviations from the probable in the case of
a correlated system of variables is such that it can be reasonably supposed to have arisen from
random sampling. Philosophical Magazine Series, 50:157–175, 1900.
R Development Core Team. R: A Language and Environment for Statistical Computing. R Foun-
dation for Statistical Computing, Vienna, Austria, 2011. ISBN 3-900051-07-0.
SurveyMonkey Inc. Surveymonkey. http://www.surveymonkey.com, 2014.
U.S. Census Bureau. Census 2010, 2010.
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APPENDIX D: Matrix of all action items
Objective One:
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Schedule regular neighborhood
tours with city council, mayor,
neighbors, Cal Poly and Cuesta
leaders, etc.
Allow neighbors to
point out
neighborhood
issues
Cal Poly Ongoing, began
Summer of 2014
Investigate establishing S.N.A.P.
Ride-Along program and
promote current Police Ride
Along program
Increase the
amount of support
to assist with
complaints and
allow officers to do
other police work
City of San Luis
Obispo
Fall 2015
Explore the option of creating a
noise ordinance in public spaces
on streets and sidewalks for
gatherings of more than 50
people by issuing citations or
other alternative options
Decrease number
of noise complaints
City of San Luis
Obispo
Spring 2016
Consider expanding tools to
enforce ordinances for nuisance
properties including, but not
limited to, “tagging” properties
that meet a definition of a public
nuisance or unruly gatherings in
terms of both property-
maintenance concerns and
behavior issues
Hold repeat noise
violators
accountable
City of San Luis
Obispo
Spring 2016
Evaluate policies so that new
development or redevelopment
does not unduly impact
neighborhoods.
Decrease properties
that allow for high
occupancy
City of San Luis
Obispo
Fall 2016
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Objective Two:
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Evaluate best practices and
implement strategies to reduce
the number of disruptions from
parties and noise in
neighborhoods (as referenced in
Objective Three)
Reduce noise
disruptions
Cal Poly and
Cuesta College
(programmatic)
City of San Luis
Obispo
(enforcement)
Fall 2015
Develop and implement a rental
housing inspection program
Insure that rental units
comply with required
minimum health and
safety standards
City of San Luis
Obispo
Fall 2016
Implement a range of strategies
to change the relationship and
culture between students and
non-students in neighborhoods
(no specific recommendations
discerned from the survey
results)
Improve student and
community
relationships
Cal Poly Associated
Student, Inc. (ASI)
and Associate
Students for Cuesta
College (ASCC)
Spring 2016
Explore and implement
strategies to address the
concentration of bars in the
downtown area and related
safety issues. Consider using
strategies identified in the Land
Use and Circulation Element
update to achieve this objective
Address and decrease
safety-related issues
City of San Luis
Obispo
Ongoing per
LUCE strategies
Implement educational programs
to increase the number of
student-aged residents who
bring in their trashcans on the
same day the trash is picked up
Increase the number
of student-age
residents to comply
with the 24-hour
ordinance
City of San Luis
Obispo
Ongoing
Continue to implement strategies
to address homelessness in San
Luis Obispo (particularly in the
downtown area)
A reduction in the
impacts of
homelessness on the
community
City of San Luis
Obispo
Ongoing
Implement strategies to reduce
traffic issues in neighborhoods.
Consider using strategies
identified in the Land Use and
Circulation Element update to
achieve this objective
Reduce traffic-related
issues in
neighborhoods
City of San Luis
Obispo
Ongoing
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Objective Three:
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Create and implement a
transition to Off-Campus
Living Education Program, to
be shared with Cuesta
College’s Student Life Office
Set expectations and
responsibilities for
students living in
neighborhoods in the
City of San Luis Obispo
Cal Poly Summer 2015
Work with the city to generate
a neighborhood map of
housing rental properties and
provide outreach to student
renters by funding welcome
bags for neighbors to
distribute to establish positive
interactions
Establish positive
interaction with City
Cal Poly ASI ,
ASCC, City of San
Luis Obispo
Spring 2016
Create a Renter/Rental
Housing Inspection Program
Rental properties that
meet minimum health
and safety standards
Cal Poly, City of San
Luis Obispo
Spring 2016
Develop outreach and
marketing efforts toward
students
Raise awareness of the
impacts of noise on
neighborhood
Cal Poly Spring 2016
Implement a Party
Registration Program.
Develop a program to
incentivize party registration
that provides the opportunity
for the San Luis Obispo Police
Department to contact the
party registrant and offer a 20-
minute warning before
dispatching S.N.A.P. or a
police officer
Fewer noise citations City of San Luis
Obispo
Spring 2016
Initiate Dialog Dinners or
Block Parties for students and
residents to talk about what
they like most about their
neighborhoods
Create positive
interactions between
students and year-
round residents
Cal Poly ASI, ASCC Ongoing
Promote the principles of the
The Mustang Way in
neighborhoods
Enhance a positive
culture of peer-to-peer
accountability in
neighborhoods
Cal Poly ASI Ongoing
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Continue to engage and
communicate collaboratively
among students, non-students
and city groups
Improve collaboration
and understanding
among students, non-
students and city
groups
SCLC Ongoing
Utilize various on-campus
departments and offices that
support living off-campus to
support students, non-
students and permanent
residents living in
neighborhoods.
Educate students about
university policies and
ordinances, strengthen
neighborhood relations
by facilitating dialogs
Cal Poly & Cuesta
College
Fall 2015
Develop proactive
engagement of law and code
enforcement with visits to
properties of concern; “Knock
and Talk”.
Positive engagement
with law enforcement
and decrease repeat
offending properties
City of San Luis
Obispo
Ongoing
Implement a Joint Letter
Program.
Police contact with
students in off-campus
housing generates
letter signed by
university, police and
city that outlines
expectations sent to
resident and landlord
Cal Poly Fall 2015
Objective Four:
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
City and Cal Poly officials to craft
a Memorandum of Understanding
agreement between the city and
university regarding police
operational protocol within a one-
mile radius
Allows for
coordination of
resources to quickly
respond to
community concerns
Cal Poly, City of
San Luis Obispo
Fall 2015
Partner Cal Poly and Cuesta police
officers with San Luis Obispo
Neighborhood Officers to
coordinate resources and achieve
program goals
To coordinate
resources and obtain
program goals
City of San Luis
Obispo
Fall 2015
City should explore additional
proactive educational
opportunities with Cal Poly and
Change student
culture related to
neighborhood
SCLC Fall 2016, and
with each annual
report
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Cuesta College to change the
student culture related to
neighborhood wellness
wellness
Implement a keg registration
program
A reduction in
underage alcohol use
and an accountability
mechanism for
persons who serve
minors
City of San Luis
Obispo
Fall 2016
Conduct an internal assessment of
the San Luis Obispo Police
Department staffing to prepare for
growth within the city and on the
Cal Poly campus to ensure staffing
needs match the population
Meet the needs of the
community as
population grows
City of San Luis
Obispo
Spring 2016
Conduct an internal assessment of
the University Police Department
staffing to meet the growth on the
Cal Poly campus
Meet the needs of Cal
Poly as student
population grows
Cal Poly Spring 2016
Explore the possibility of Cal Poly
Police being able to issue City
Municipal Administrative
Citations
To be able to patrol in
neighborhoods
adjacent to Cal Poly
campus
Addressed via
MOU identified
above
Location of a university police
substation within the new
residence hall project to coordinate
law enforcement problem-solving
efforts
Coordinate law
enforcement outreach
and problem solving
efforts
Cal Poly Fall 2018
Objective Five:
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Create an annual
communications plan
containing neighborhood
wellness messages and a
process for
communicating the
information effectively to
maximize resources
Effectively inform the
community on matters of
neighborhood wellness
City of San Luis
Obispo
Winter 2015
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Objective Six:
Actions Desired Outcomes Implementation
Leads & Partners
Timeline for
Implementation
Re-invest in the Student-
Community Liaison
Committee
Become the coordinating
body responsible for
monitoring the
recommendations, once
adopted by the city council,
Cal Poly and Cuesta
College
SCLC Fall 2015, ongoing
The Student-Community
Liaison Committee should
assess the effectiveness of
each recommendation
once they have been
implemented
Recommend the
appropriate changes, and
produce an annual report
on the state of
neighborhood wellness in
the City of San Luis Obispo
SCLC Ongoing
Shift SCLC memberships SCLC memberships should
be reevaluated to directly
involve those individuals
(by their position) most
directly involved in
neighborhood wellness
SCLC Spring 2016
Host an annual town hall
meeting
Present their report to the
community, receive
feedback and suggestions
from the broader San Luis
Obispo community
SCLC Spring 2016,
ongoing
Appendix D: Matrix of all action items Page 75
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APPENDIX E: Post March 7 Recommendations
Neighborhood Wellness/Community Civility Working Group
Ideas to Investigate arranged by Objective
*NOTE: These ideas were generated by the City of San Luis Obispo (e.g. public comment at March 17, 2015 City
Council Meeting) and Cal Poly staff through a number of forums after the March 7, 2015 roof collapse on Hathway
Street. These ideas were not discussed by the Neighborhood Wellness/Community Civility Effort working group and
their inclusion in this report should not be considered an endorsement by the working group.
Objective 1: Define short-term actions that could be implemented to enhance quality of life for
all residents particularly associated in the timeframe around the opening of the Cal Poly and
Cuesta College campuses at the beginning of the school year.
1 Develop smoother lines of communication between the city, Cal Poly and Cuesta both
proactively and reactively.
2 Students need to be informed of the consequences of their actions off campus and
perhaps have responses strengthened to moderate behavior.
3 Quicker administrative response is needed to violations of behavior off campus by the
city, Cal Poly and Cuesta.
Objective 2: Define Stakeholders’ Needs and Success
4 Create a tip line where anyone (students, neighbors, etc.) can report potential problems
before they have negative impact on the community.
Objective 3: Identify University/City Best Practices
5 Advance the effort to house Greek organizations on the Cal Poly campus.
6 Create a student ambassador program that has two components. The first component
should be to promote positive relations in the community. The second component
should be an anonymous social event attendee to report unsafe behavior to the
appropriate authority.
7 Improve response time by SLOPD and UPD to reports of noise off campus.
8 Bring alternative social/entertainment opportunities on campus to reduce the reliance on
off campus events for socialization.
9 Reach out to universities who consistently host regulated tailgate parties, with monitored
alcohol distribution. Learn what works well for them and bring their best practices to
Cal Poly tailgates.
10 Increase the methods to hold landlords accountable for the negative behavior of their
tenants including court appearances by the landlord or denial of business license.
11 Suggest that landlords add clause in rental agreements that prevents any activity on roof.
Appendix E: Post March 7 Recommendations Page 76
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Packet Pg. 91 Attachment: a - Neighborhood Wellness Community Civility Report Final (1299 : Keg Registration)
Neighborhood Wellness/Community Civility Working Group
Ideas to Investigate arranged by Objective
*NOTE: These ideas were generated by the City of San Luis Obispo (e.g. public comment at March 17, 2015 City
Council Meeting) and Cal Poly staff through a number of forums after the March 7, 2015 roof collapse on Hathway
Street. These ideas were not discussed by the Neighborhood Wellness/Community Civility Effort working group and
their inclusion in this report should not be considered an endorsement by the working group.
12 Aggressively advance the Rental Inspection ordinance to identify unsafe and unhealthy
properties.
13 Evaluate “Neighborhood Specialists” like in Davis (Maybe adjust hours/days of existing
Neighborhood Specialists.
14 Continue to develop strategies that promote more diverse neighborhoods, including
more owner-occupied and long-term rentals (ie workers and family rentals, not short
term academic year rentals)
15 SLOPD and UPD should collaborate on methods to deter large crowds from migrating
from area to area.
16 Implement programs that create peer to peer pressure, that help students own their
actions and accept responsibility for behavior that does not promote neighborhood
wellness.
Objective 4: Review Enforcement Best Practices
17 Consider the size and scope of a party to help determine what safety and hazard city
ordinances can be created/enforced? Perhaps double or triple fines during peak hours or
holidays where large parties/events are expected.
18 Limit the number of student rental properties to one per street.
19 Create and enforce a 10:00 pm noise curfew with escalating noise fines by the hour.
20 More visible UPD presence on campus and in the residential neighborhoods immediately
surrounding campus (an MOU is currently being finalized to allow UPD to issue
municipal citations off campus).
21 Issue a citation to the leadership figure of the organization responsible for hosting an out-
of-control party. Consider exploring ways to hold the national organization responsible
as well.
22 Consider installing more security cameras to effectively monitor activity.
23 Create a staff position to investigate potential dangerous student activity before events
take place.
24 Enforce limits on the size of parties at residential addresses.
25 Create a culture change regarding informants. Students offer information to a point, but
stop divulging information for fear of implicating themselves. Re-work current policy to
ensure informants will not be reprimanded to encourage future sharing.
26 Citations should be issued to those students who participated in negative events.
27 City approval should be required for individuals or organizations hosting a party over a
Appendix E: Post March 7 Recommendations Page 77
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Packet Pg. 92 Attachment: a - Neighborhood Wellness Community Civility Report Final (1299 : Keg Registration)
Neighborhood Wellness/Community Civility Working Group
Ideas to Investigate arranged by Objective
*NOTE: These ideas were generated by the City of San Luis Obispo (e.g. public comment at March 17, 2015 City
Council Meeting) and Cal Poly staff through a number of forums after the March 7, 2015 roof collapse on Hathway
Street. These ideas were not discussed by the Neighborhood Wellness/Community Civility Effort working group and
their inclusion in this report should not be considered an endorsement by the working group.
certain number of people.
28 Red tag ordinance for houses that have unruly gatherings/noise citations should be
implemented and last longer than the academic year.
29 Find a way to hold property managers or management companies accountable for the
negative behavior at properties they manage.
30 Serious academic consequences up to suspension and expulsion should be on the table
for Students who engage in activities that do not promote neighborhood wellness.
31 Immediately suspend or permanently ban fraternities who allow in any way illegal
activities to happen via their instigation: rapes, underage drinking, hazing deaths, racist
displays, unruly gatherings. Second chances seem to mean “go ahead” to this crowd.
32 Parental notification should be explored for off campus behavior.
33 Higher fines, double fines, longer fines, fines able to be raised at certain time of day.
Objective 5: Engage Stakeholders: Review Current Educational And Information Efforts
34 Require students to complete an alcohol/safety education program before being allowed
rush for a Greek organization (we should also consider limiting Greek organization
recruitment to the first quarter of attendance).
35 Monitor Yik Yak and other social mediums used by our student population as a resource
to inform us of potential dangerous situations.
36 SLOPD should consider utilizing social media scanning software to be more aware of
activities planned off campus.
37 The city should inform the landlord every time the police are called to a rental property,
even if no violation is found.
38 Enhance education on the dangers of large crowds: students need to learn this is as bad
as drinking too much, nonconsensual sex and other immature or inappropriate or illegal
behaviors.
39 Evaluate systems & structures in dorms to prevent mass exodus to mega social gathering
and complement protocols to inform authorities (student affairs UPD SLOPD) of
eminent threat of unruly gathering (mega social gathering).
40 Targeted patrolling by city and university police. Wider area for UPD patrols.
Objective 6: Prepare for Sustained Engagement to Achieve Desired Vision and Goal
41 None.
Appendix E: Post March 7 Recommendations Page 78
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MAINTAINING BALANCED NEIGHBORHOODS
A Research Paper presented to the San Luis Obispo Civility W orking Group on
Different Approaches to Students Living in Established Residential Areas
July 18, 2014
APPENDIX F: Maintaining Balanced Neighborhoods Page 79
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I . .
APPENDIX F: Maintaining Balanced Neighborhoods Page 80
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""'
CITY OF S.flll LUIS OBISPO
Civilit y W orking Group
The City of San Luis Obispo Neighborhood Wellness/Community Civility Effort is a working
group comprised of City residents and representatives of Cal Poly State University (Cal Poly),
Cuesta College and the City of San Luis Obispo (City). The goal of the working group is to
enhance the quality of life for all residents, with particular emphasis on building positive
relations between residential and student-aged neighbors through a cultural shift in social
behavior. This goal is to be reached by identifying the needs of those involved and the short-
term actions, long-term best practices and engagement efforts required by the City and schools
to successfully meet those needs.
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APPENDIX F: Maintaining Balanced Neighborhoods Page 81
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CITY OF S.fill LUIS OBISPO
FROM: Katie Lichtig, City Manager, City of San Luis Obispo
Prepared By: James David, Principal Analyst
Lisa Letteriello, Administration Intern
SUBJECT: MAINTAINING BALANCED NEIGHBORHOODS
PURPOSE
Review current local town-gown neighborhood issues and provide alternative practices in other
communities that face similar student housing challenges in residential areas.
DISCUSSION
Situation
The City of San Luis Obispo (City) is in close proximity to two colleges; Cuesta College and Cal
Poly. Cuesta College is a commuter school without campus housing, and Cal Poly does not have
sufficient on-campus housing for all enrolled students (there are plans to create more housing
opportunities on-campus in the next five years). Furthermore, college students often prefer to
live off-campus in their junior and senior years. These factors mean students seek housing in
the City limits, and the most predominant housing type in the City is low-density single-family
housing in established neighborhoods.
A number of issues have been reported over the years related to students living in low-density
residential neighborhoods:
1. Students tend to live in certain areas close to campus, which affects neighborhood
diversity. High concentrations of student renters living in neighborhoods compounds
and intensifies issues like partying, noise and parking. Renter-occupancy estimates for
census tracts immediately adjacent to Cal Poly range from 59 to 95 percent renters:
Selected Housing Characteristics from U.S. Census 1
CHARACTERISTIC
CENSUS
TRACT 109.01
CENSUS
TRACT 109.02
CENSUS
TRACT 112
TOTAL
{ALL 3 TRACTS)
CITYWIDE
Total Housing Units 1,032 1,561 3,033 5,626 20,553
Single-Family Residences 10% 40% 62% 46% 54%
Units Built 1950 to 1979 53% 64% 62% 61% 48%
Owner-occupied Units 5% 13% 41% 26% 38%
Renter-occupied Units 95% 87% 59% 74% 62%
1 Estimates do not include on-campus housing units, which are classified as "group quarters" by the U.S. Census.
Source: 2008-12 American Community Survey, 2010 U.S. Census
APPENDIX F: Maintaining Balanced Neighborhoods Page 82
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CITY OF SHU LUIS OBISPO
Reference Map of Census Tracts near Cal Poly
2. Rental costs are high, which drives more students (smaller incomes) to live together in
one single family home. Most single-family homes are not designed for four to five
adults, especially in terms of bathroom facilities and parking.
3. The City's code enforcement data shows a correlation between high rental areas and
reported violations of municipal codes. Some repeated reported violations include:
a. Noise, public drunkenness, vandalism and crime
b. Property maintenance issues
c. Parking
4. Local housing costs are inflated because four to five students can and will pay more for
rental housing than the majority of the local workforce, especially those workers in
industries with lower wages. This causes many workers to commute, which affects
infrastructure (roads), environment (emissions) and society (less owner-
occupancy/pride of ownership).
These issues are common in many town-gown communities when large student populations
move . in to residential neighborhoods; sometimes referred to as "studentification".
Studentification is a term coined by Dr. Darren Smith (2002) and is defined as the social and
environmental changes caused by a very large number of students living in particular areas of a
APPENDIX F: Maintaining Balanced Neighborhoods Page 83
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CITY OF S.Hn LUIS OBISPO
town or city. It is not necessarily students living in the community, but instead the substitution
of a local community by a student community. 1
The City desires to avoid "studentification" in its low-density residential neighborhoods. The
following sections identify ideas for potential solutions -including best management practices
from nationwide research- to be considered by the Civility Working Group.
Potential Solutions
Two main focus areas should be (1) increasing neighborhood diversity and (2) enhancing
affordable housing options.
1. Increasing Neighborhood Diversity
Diversifying neighborhoods means creating a healthy balance of renters and owner-occupants,
as well as a mix of resident types (families, students, couples, singles, etc.). Within the context
of student housing, limiting concentration of student rentals increases neighborhood diversity.
A. Consider a Neighborhood Stabilization Program (NSP). The U.S. Department of Housing
and Urban Development, and many other communities facing foreclosure and
abandonment issues, instituted an NSP to help troubled neighborhoods rebound. 2 Using
a revolving NSP fund, abandoned and foreclosed homes were purchased and then
resold at a discounted price to homebuyers in need of assistance. The same philosophy
could be implemented in residential neighborhoods to create more opportunities for
owner-occupied housing units. Potential NSP elements may include:
a. Establish a revolving fund to be used exclusively to purchase single-family homes
within targeted neighborhoods (such as Alta Vista and Monterey Heights) as they
become available on the open market.
b. Resell all homes purchased with the revolving fund within a reasonable time to
likely owner-occupants; university staff, faculty or other workforce buyers.
c. Evaluate legally permissible mechanisms to perpetuate owner-occupancy, such
as a homeowners association (HOA), that are consistent with fair housing
provisions of State and Federal laws. Developing a HOA for NSP homes is
preferable because the HOA can impose conditions, covenants and agreements
that require owner-occupancy of the primary residence for a minimum length of
time.
d. Proceeds from all home sales would go to replenish the revolving fund.
e. Maintain "right of first refusal" granting the NSP the right to re-purchase the
home when it is offered for sale.
f. The NSP could be established on a limited-term basis, or terminated when
owner-occupancy rates for single-family units within targeted neighborhoods
reach a certain level that could be seen as self-sustaining.
1 Town and Gown Glossary. http://www.towngownworld.com/towngownglossary.html
2 http: //portal.hud.gov/hudportai/HUD?sr c=/program offices/comm plannlng/communitydevelopment/programs/neighborhoodspg.
APPENDIX F: Maintaining Balanced Neighborhoods Page 84
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CITY OF S.flnLUIS OBISPO
This alternative has complicated legal issues surrounding real property rights, equal
protection, and privacy that will require more research if the Civility W orking Group
supports further development of a NSP.
B. Look for opportunities to create faculty and staff housing in student areas. The College
of San Mateo, California, has an award winning 44-unit rental housing development for
faculty and staff (College Vista), which offers a first-class living environment with rents
at half the market average.3 A local example is the 69-unit Bella Montana workforce
housing project located in a neighborhood that is impacted with student rentals
immediately adjacent to Cal Poly campus. The ground sublease has a ranking priority
hierarchy that encourages purchase by Cal Poly faculty and staff, with a back-up market
priority for public education, public agency, other CSU employees, and the general
public. In all, there are 24 priority rankings in the sublease with newly recruited Cal Poly
faculty receiving the highest priority and the general public receiving the lowest. Bella
Montana is different from most condominiums in that the structures are owned by the
buyers, while Cal Poly remains the owner of the ground upon which the structure sits
and has greater control over the conditions of sale of the condos.
C. Evaluate strengthening occupancy restrictions to avoid single-family residential
overcrowding. The City of Fort Collins, home to Colorado State University, restricts
occupancy in all residential dwelling units (single-family, duplex, and multifamily) to one
family and not more than one additional person; or two adults and their dependents,
and not more than one additional person, or up to four unrelated persons in a dwelling
unit located in an apartment complex containing units which were approved to house
four unrelated persons.4 The City of San Luis Obispo's Zoning Regulations prohibit six or
more adult occupants in the low-density residential zone without a High Occupancy Use
Permit.
D. Develop a rental inspection program that checks occupancy. The City of Bloomington,
home to Indiana University Bloomington, implemented a Rental Occupancy Program
that requires rental property inspection every three to five years to validate current
occupancy permits. Occupancy permits allow up to three unrelated adults in single-
family zoning districts, and up to five in multi-family zoning districts. 5 The City of Santa
Cruz, California adopted a 2010 ordinance that requires all owners of one or more
residential rental dwelling units to register with the city and participate in an annual
inspection. The Santa Cruz program aims to address unpermitted dwelling units and the
renting of spaces not intended for habitation, as well as substandard, overcrowded,
unsanitary and unsafe housing conditions that render a housing _unit unfit or unsafe for
occupancy.6 The City of San Luis Obispo is currently developing a multifamily rental
inspection program to be presented to the public and City Council in late 2014.
'.h ttp://www.smccd .edy/accounis/smccd/department s/faclllt les/BestAmerlca nllvlngAwa rd.shtml.
'http://www.fcgov.com/neighborhoodservices/occupancy. php
'http://www.ltgau.org/userAies/flles/CityBrochure-Bioomi ngton.pdf
6 Santa Cruz Residential Rental Inspection Program. http:l!www.cityofsantacruz.com/index.aspx?page=1536.
APPENDIX F: Maintaining Balanced Neighborhoods Page 85
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CITY OF S.fin LUIS OBISPO
E. Work with common interest developments on restrictive leases. In California, courts
have allowed homeowners associations to limit or ban rentals in private condominium
projects or planned developments. Restrictions against leasing in a common interest
development must be shown to be reasonable in order to be enforceable per California
Civil Code Sections 711 and 1354. In the case City of Oceanside v. McKenna (1989), the
Oceanside court found that restrictions on a publicly subsidized condominium project to
require owner-occupancy and forbid the leasing of units was valid. The justification
offered by the City and its Community Development Commission was found reasonable
since prohibiting leasing would foster the redevelopment goals of providing a stabilized
community of owner-occupied units for low and moderate income persons.7
F. Create more on-campus housing. Giving students more opportunities to live on-campus
may reduce concentration of students living in nearby low-density residential
neighborhoods. Cal Poly and the City have adopted policies that support student
housing on-campus, and Cal Poly is planning to build a new 1475-bed campus housing
facility soon. Other universities require all freshmen to live on-campus, and some also
require that freshmen leave their cars at home the first year. In addition to providing
new campus housing, Cal Poly could formally adopt a goal to house a certain percentage
of students on campus b y a specified date.
2. Enhancing Affordable Housing Options
Creating affordable housing is a local, regional and national objective. Within the context of
student housing, creating affordable options means offering more housing types with different
cost profiles so that students may avoid overcrowding in single-family residences.
A. Create partnerships to achieve common affordable housing goals. Northeastern
University, Massachusetts, provides a good example of this approach in its Davenport
Commons. The project consists of 125 units of housing for students and staff, 60
affordable owner-occupied townhouses, and 2,100 square feet of retail space. 8 It was a
complex project, involving many stakeholders and negotiations including a community
benefits package of affordable housing, helping homeowners start a condominium
association and providing both technical assistance and education for first-time
homebuyers.
B. Continue to distribute Good Neighbor guides and update off-campus housing outreach
materials. The University of Virginia 9 and the City of Fort Collins10 have developed
guides that include tips for finding affordable off-campus housing, advice about the
financial responsibilities of living on their own, and behavior expected of a good
neighbor and community member. Cal Poly, Cuesta College and the City should update
their off-campus housing guides to include affordable housing options in the region. The
7 The Case for Rental Restrictions. http://www.hoa-iaw.com/publicalions/case--rental-restridions.shtml
'http://www.dhkinc.com/Housing/affordable/9703.asp
• http://www.itgau.org/userfiles/files/off grounds guide.pdf
10 http://www.fcgov.com/nelghborhoodservlces/pdf/lthandbook.pdf?20081224
APPENDIX F: Maintaining Balanced Neighborhoods Page 86
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CITY OF SHU LUIS OBISPO
guides should also list reasons why overcrowding in low-density residential housing can
adversely affect health and safety of tenants, impact available parking, arid contribute
to noise and privacy conflicts.
Additional Resources
The following four resources come from other town-gown communities that have formed
public-private task forces with a similar mission to the Civility W orking Group. Each document
contains recommended actions to address issues that often arise from off-campus student
living in residential neighborhoods.
1. Central Austin Community Development Corporation. 2005. What Other College
Communities Have Done: Examples of Regulatory Actions to Preserve the Single-Family,
Residential Character of a Campus Neighborhood.
http://centralaustincdc.org/fair affordable housing/west urbana na ccupancy.pdf
2. Rutgers University. 2013. Task Force for Off Campus Issues and Concerns: Final Report and
Recommendations.
http://studentconduct.rutgers.edu/files/documents/OffCampusTas kForceReport.pdf
3. St. Paul P lanning Commission. May 2012. Student Housing Zoning Study: Report and
Recommendations. http://www.stpaul.gov/DocumentCenter/Home/View/20436
4. Temple University. 2012. Final Report of the Community and Student Off Campus Issues and
Concerns Task Force.
http://w ww.temple.edu/studentaffairs/deanofstudents/documents/StudentComm unityOff
CampuslssuesTaskForceFina1ReportforW ebsiteNov2012.pdf
The remaining four resources listed below are academic studies and white papers on the issues
of studentification and town-gown collaborations.
5. Smith, Darren P. 2005. Studentification: the gentrification factory?
http://southwarknotes.files.wordpress.com/2012/03/studentification-darren-smith.pdf
6. Smith, Darren P. 2008. The Politics of Studentification and (Un)balanced Urban Populations:
Lessons for Gentrification and Sustainable Communities?
http://usj.sagepub.com/content/45/12/2541.full.pdf+html
7. U.K. National HMO Lobby. 2008. Balanced Communities & Studentification: Problems and
Solutions. http://www.itgau.org/userfiles/files/Nationai%20HM0%20Lobby.pdf
8. Lincoln Institute of Land Policy. 2009. Town-Gown Collaboration in Land Use and
Development. http://community-wealth.org/ pdfs/news/recent-articles/11-09/report-
sungu-eryilmaz.pdf
APPENDIX F: Maintaining Balanced Neighborhoods Page 87
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Neighborhood Wellness/Community Civility Effort, Final Report | San Luis Obispo, CA Page 28
- Enhancing the quality of life for all residents -
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Meeting Date: 12/1/2015
FROM: Chris Staley, Police Captain
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: ACTION FOR CITY CIVILITY REPORT RECOMMENDATIONS
RECOMMENDATION
1. Approve implementation strategies for the City led Neighborhood Wellness/Community
Civility recommendations; and
2. Make no changes to the City membership of the Student Community Liaison Committee.
DISCUSSION
Background
On May 19, 2015 Council received the Neighborhood Wellness/Community Civility Report and
provided direction to staff to return with implementation strategies for the recommendations
detailed in the report. In addition, staff was asked to provide a recommendation to the City
Council on the make-up of City representatives on the Student Community Liaison Committee.
Neighborhood Wellness/Community Civility Recommendations
The Neighborhood Wellness/Community Civility Report was presented to Council on May 19,
2015 (Attachment A.) The report is a comprehensive and highly detailed document which was
prepared after a two year research process. A wide variety of recommendations were established
in the report, with each recommendation matched to the agency/institution that would be
responsible for further exploration and action identification. The following are the
recommendations for which the City of San Luis Obispo was identified as the lead agency
followed by the staff recommended action. Notably, several of the following recommendations
have already been addressed in recent Council actions.
Objective 1 – Define short-term actions to enhance the quality of life
1. Investigate establishing a Student Neighborhood Assistance Program (SNAP) Ride-
Along program and promote current Police Ride-Along program.
Action: The San Luis Obispo Police Department Ride-Along program is available to
residents of the city and may be scheduled once per year. It is not currently
advertised on the City website but consideration is being made for including
information in the FAQs section of the Police Department web content. The SNAP
program, staffed by part-time temporary employees of the Police Department, is not
staffed or structured to support resident ride-alongs. While SNAP employees receive
a great deal of training, it would not be appropriate for them to take responsibility for
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residents in a ride-along capacity.
2. Explore the option of creating a noise ordinance in public spaces on streets and
sidewalks for gatherings of more than 50 people by issuing citations or other
alternative options.
Action: Not recommended. Chapter 5.80 of the City’s Municipal Code regulates
parades and assemblies within the public right-of-way. The City’s Unruly Gathering
Ordinance addresses certain gatherings on private property which “spill-out” and
obstruct the public right-of-way. Further regulating the ability to gather within
traditional public forums could infringe on the public’s right to assemble and/or free
speech rights. The amendments made to the Unruly Gathering Ordinance allow the
Police Department the ability to more effectively address gatherings that are causing
a significant disturbance to a neighborhood. In addition, Penal Code section 415,
commonly referred to a “disturbing the peace” addresses some of the unlawful
impacts associated with large gatherings.
3. Consider expanding tools to enforce ordinances for nuisance properties including, but
not limited to, “tagging” properties that meet a definition of a public nuisance or
unruly gatherings in terms of both property-maintenance concerns and behavior
issues.
Action: Ongoing proactive enforcement by Code Enforcement and the Neighborhood
Services Specialists are addressing chronic and nuisance properties. Behavioral
issues are addressed by SLOPD in the enforcement of noise and the newly amended
Unruly Gathering ordinances and Cal Poly University Police are enforcing
municipal code violations (noise, unruly gathering, open container, public urination)
in the neighborhoods up to one mile off campus. The Rental Housing Inspection
Program will also help better address properties that are lacking basic safety and
habitable conditions. All of these efforts should be fully implemented prior to
considering another regulation that requires tagging properties that violate certain
provisions of the Municipal Code. If the council wishes to pursue this added
regulation staff recommends that it be considered after the first full cycle of the
Residential Housing Inspection Program.
4. Evaluate policies so that new development or redevelopment does not unduly impact
neighborhoods.
Action: Action: In progress. Project plan for implementation of General Plan
Program 2.13 (Neighborhood Compatibility) to be presented to Council by end of
Fiscal Year 2015-2016.
Objective Two – Define stakeholders’ needs and success
5. Evaluate best practices and implement strategies to reduce the number of disruptions
from parties and noise in neighborhoods (as referenced in Objective Three)
Action: Council amended the Unruly Gathering ordinance in August 2015 to
strengthen the ordinance as an enforcement tool. Also in August 2015, Council
approved the Memorandum of Understanding between the Police Department and
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Cal Poly University Police (“UPD”) Department allowing UPD the ability to enforce
municipal code ordinances up to one mile from campus. SLOPD will continue to
evaluate other methods that may help reduce disruptions.
6. Develop and implement a rental housing inspection program.
Action: A Rental Housing Inspection Program was adopted by City Council May 19,
2015 and the program is currently in development for phased implementation. Phase
1 – Amnesty to assist in legalizing unpermitted work or existing unpermitted dwelling
units starting December 1, 2015. Postcards and flyers will sent out to property
owners at the end of November 2015.
Phase 2 – Registration of rental units begins January 1, 2016. Information mailed
out starting last week of December 2015. Registration deadline will be March 15,
2016.
Phase 3 – First Inspection is scheduled for April 2016.
7. Implement educational programs to increase the number of student-aged residents
who bring in their trashcans on the same day the trash is picked up.
Action: In progress. Neighborhood Services Specialists (NSS) participate in “Walk
and Talks” educate residents of the Neighborhood Enhancement Ordinance
regulations. NSS conducts proactive enforcement, speaking with residents face to face
and using informational stickers that are applied directly to waste wheelers that have
not been moved from the street. More challenging locations, such as Hathway Alley,
have required a more focused approach from Code Enforcement and Utilities with
great success. NSS has also begun outreach to residents at Farmers’ Market on
Thursday evenings.
8. Continue to implement strategies to address homelessness in San Luis Obispo
particularly in the downtown area).
Action: In progress and on-going. SLOPD will continue to work within strongly
established community partnerships to provide focused service on identified needs
using the Community Action Team (CAT), Downtown Bicycle Officers and patrol
services. Engage and collaborated with stakeholders to provide education and
awareness opportunities through programs such as the Directed Giving campaign.
9. Implement strategies to reduce traffic issues in neighborhoods. Consider using
strategies identified in the Land Use and Circulation Element update to achieve this
objective.
Action: The City’s Neighborhood Traffic Management (NTM) Program encourages
neighborhood residents to work with staff in developing strategies to address
identified issues. The objective of the NTM program is to encourage citizens to be
directly involved in addressing neighborhood traffic concerns and to provide a
process that results in equitable and affordable solutions to the traffic problems in a
neighborhood. Neighborhood traffic safety and operational issues on all other streets
and intersections fall under the scope of the City’s Annual Traffic Safety and Biennial
Traffic Operations Programs. Neighborhood parking issues fall under the scope of
the City’s Residential Parking District Program.
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Objective Three – Identify university/city best practices
10. Work with the City to generate a neighborhood map of housing rental properties and
provide outreach to student renters by funding welcome bags for neighbors to
distribute to establish positive interactions.
Action: Currently, SLOPD Neighborhood Outreach provides rack cards and door
hangers to residents wishing to conduct focused outreach to various
properties/residents. In addition, the Police Department and Code Enforcement
Walk and Talks” are the personal contacts and provision of educational materials
to thousands of residents at the beginning of the academic year. Neighborhoods,
such as Alta Vista, visit properties annually with a welcome letter sharing
information and expectations with new residents. Given limited resources and
funding, the City is not in a position to complete this objective. Further discussion to
determine program viability is recommended.
11. Create a Renter/Rental Housing Inspection Program
Action: See #6 under Objective 2.
12. Implement a Party Registration Program. Develop a program to incentivize party
registration that provides the opportunity for the San Luis Obispo Police Department
to contact the party registrant and offer a 20-minute warning before dispatching
S.N.A.P. or a police officer.
Action: Research concept for viability. Analysis of a program that could be created
with current resource as well as best practices will be conducted – Fall 2016.
13. Develop proactive engagement of law and code enforcement with visits to properties
of concern; “Knock and Talk”.
Action: Complete. Neighborhood Officer and Neighborhood Services Specialists
Knock and Talks” established in Fall of 2014 and are continuing.
Objective Four – Review enforcement best practices
14. City and Cal Poly officials to craft a MOU between the City and University regarding
police operational protocol within a one-mile radius of campus.
Action: Complete. Council approved the MOU in August 2015. UPD officers were
provided training prior to the start of the 2015 academic year and are actively
enforcing municipal code violations in the neighborhoods within one mile of campus
15. Partner Cal Poly and Cuesta police officers with San Luis Obispo Neighborhood
Officers to coordinate resources and achieve program goals.
Action: University Police officers currently partner with SLOPD officers during
traditionally busy time periods (start of school, Halloween) as staffing allows. This is
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possible wth UPD because the campus is contiguous to the City. The use of Cuesta
PD officers is not realistic given Cuesta’s lack of proximity to the City and their
resources.
16. Implement a keg registration program.
Action: Research practicality of keg registration program – present findings to
Council in May 2016.
17. Conduct an internal assessment of the San Luis Obispo Police Department staffing to
prepare for growth within the city and on the Cal Poly campus to ensure staffing
needs match the population.
Action: Staffing assessment, primarily patrol and dispatch, is addressed in the
Strategic Plan being developed by the Police Department and will be presented to
Council in March 2016.
18. Explore the possibility of Cal Poly Police being able to issue City Municipal
Administrative Citations.
Action: Established per the MOU (#14 above).
Objective Five – Engage stakeholders: review current educational & information efforts
19. Create an annual communications plan containing neighborhood wellness messages
and a process for communicating the information effectively to maximize resources
Action – Communication plan created for Fall/Winter 2015 by a subcommittee
consisting of residents, Cuesta Student Government, Cal Poly staff from Orientation,
Housing, Greek Life, Administration and ASI, City Code Enforcement and
Neighborhood Outreach. The subcommittee will meet every six months to continue
with the planning and delivery of neighborhood wellness messaging to ensure
effectiveness.
Student Community Liaison Committee
Established in 1987, the Student Community Liaison Committee (SCLC) serves as a mechanism
of communication between Cal Poly, Cuesta College, San Luis Obispo County and the City of
San Luis Obispo. The mission of SCLC is to “proactively engage in discussion to promote
positive relations, mutual respect and improved quality of life for all citizens of San Luis
Obispo.” Per the current SCLC Memorandum of Understanding, the City provides meeting
space, two City Council representatives to include the mayor, who is a voting member, and a
rotating council member and three voting members: the City Manager, the Police Chief and the
Neighborhood Outreach Manager. (Attachment B)
SCLC has been an excellent venue for the agencies to share information and work to improve
community relationships. In assessment of the City of San Luis Obispo membership, staff
recommends that the voting membership of the Mayor, City Manager, Police Chief and
Neighborhood Outreach remain unchanged. As there are times when meeting conflicts arise, the
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Assistant City Manager, Police Captains and Community Development Director would be asked
to attend for coverage and participation. Staff also recommends maintaining the rotating Council
Member structure as SCLC provides the opportunity to information sharing and community
relationship building.
CONCURRENCES
The Community Development Department, Public Works, and Finance Department concur with
the recommendations for action in this report.
FISCAL IMPACT
There are no fiscal impacts from the recommendations contained in this report. The Rental
Housing Inspection Program was approved in May 2015. Funding for the program was adopted
as part of the 2015-2017 Financial Plan. The additional actions recommended in this report will
be completed with existing resources.
ALTERNATIVE
1. Do not approve recommended actions. Request that staff return with further alternative
actions at a later date.
Attachments:
a - Neighborhood Wellness Report - Final
b - SCLC MOU Final 5-16-13
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ABC-544 (9/96)
IMPACT
Informed Merchants Preventing
Alcohol-Related Crime Tendencies
State of California
Department of Alcoholic Beverage Control
Beer Keg Registration
25659.5. Beer keg registration.
(a) Retail licensees selling keg beer for
consumption off licensed premises shall
place an identification tag on all kegs of
beer at the time of sale and shall require
the signing of a receipt for the keg of beer
by the purchaser in order to allow kegs to
be traced if the contents are used in
violation of this article. The keg
identification shall be in the form of a
numbered label prescribed and supplied
by the department that identifies the
seller. The receipt shall be on a form
prescribed and supplied by the
department and shall include the name
and address of the purchaser and the
purchaser’s driver’s license number or
equivalent form of identification number.
A retailer shall not return any deposit
upon the return of any keg that does not
have the identification label required
pursuant to subdivision (a).
(b) Any licensee selling keg beer for
off premise consumption who fails to
require the signing of a receipt at the time
of sale and fails to place a numbered
identification label on the keg shall be
subject to disciplinary action pursuant to
this division. The licensee shall retain a
copy of the receipt, which shall be
retained on the licensed premise for a
period of six months. The receipt records
shall be available for inspection and
copying by the Department or other
authorized law enforcement agency.
(c) Possession of a keg containing beer
with knowledge that the keg is not
identified as required by subdivision (a) is
a misdemeanor.
(d) Any purchaser of keg beer who
knowingly provides false information as
required by subdivision (a) is guilty of a
misdemeanor.
(e) The identification label required
pursuant to subdivision (a) shall be
constructed of material and made
attachable in such a manner as to make
the label easily removable for the purpose
of cleaning and reusing the keg by a beer
manufacturer.
(f) The Department is authorized to
charge a fee not to exceed the actual cost of
supplying receipt forms and identification
labels required pursuant to subdivision
(a). Fees collected pursuant to this
subdivision shall be deposited in the
Alcohol Beverage Control Fund.
(g) As used in this section, “keg”
means any brewery-sealed, individual
container of beer having a liquid capacity
of six gallons or more.
Source: California Business and Professions Code
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ABC-544 (9/96)
Proper Placement of Identification Tag
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Meeting Date: 4/19/2016
FROM: Derek Johnson, Assistant City Manager/Interim Finance and IT Director
Prepared by: Greg Hermann, Principal Analyst
SUBJECT: GOVERNMENT FINANCE OFFICERS FINANCE ASSOCIATION
RECOMMENDATIONS FOR THE FINANCE AND INFORMATION
TECHNOLOGY DEPARTMENT
RECOMMENDATION
Receive and file a report outlining recommendations from the Government Finance Officers
Association for the Finance and Information Technology Department.
DISCUSSION
Background
The 2015-2017 Financial Plan includes budgeted resources to support ongoing efforts to increase
the efficiency and effectiveness of City operations. In recent years, Public Works, Community
Development, and the Fire Department have all gone through an organizational assessment and
planning process to identify best practices for service delivery and cost containment. In fall 2015,
the City retained Government Finance Officers Association (GFOA) to engage in a similar
assessment for the Finance and Information Technology (FIT) Department.
GFOA's mission is to enhance and promote the professional management of governmental
financial resources by identifying, developing, and advancing fiscal strategies, policies, and
practices for the public benefit. The organization provides best practice guidance, consulting,
networking opportunities, publications including books, e-books, and periodicals, recognition
programs, research, and training opportunities for those in the public finance profession.
Given this breadth of knowledge and experience GFOA is able to offer independent, objective,
and best practice-focused consulting services for financial operations in local government. In
addition, their focus is to provide “real” and pragmatic solutions based on industry-leading
research with organizations located throughout North America.
Assessment Report
The purpose of this organizational assessment of the FIT department, specifically the finance
division, was to assess challenges with recruitment and retention of staff, assess workload
demands, and evaluate existing programs and processes and to determine areas for improvement.
The report is designed to assist the City with developing a strategic roadmap to improve
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organizational efficiency and effectiveness in these areas by implementing recogniz ed best
practices. While the report focused on the FIT department, because finance is the starting and
ending point of many business practices, the assessment makes recommendations that directly or
indirectly impact the entire City organization.
To conduct the assessment, GFOA facilitated focused group meetings with City staff,
interviewed individual members of FIT and other departments and reviewed process
documentation to identify key issues and opportunities. The issues identified in their report
represent opportunities that, in GFOA’s professional assessment, offer the City its best
opportunity for sustained improvement. GFOA identified four core issues:
Issue #1) Need for an integrated financial system
Issue #2) Need for a new chart of accounts
Issue #3) Business processes improvements
Issue #4) Role clarity and alignment
GFOA concluded that these four core issues, represented the most significant challenges faced
by the City’s finance function and cause ripple effects throughout all City departments . While
there have been attempts to address challenges in the FIT department in the past by allocating
temporary resources or re-locating functions to other departments, addressing anything outside of
these four core issues will only provide temporary relief. Ultimately, what is required for long
term sustainability of this key function are foundational changes and improvements. In short, the
City has deferred maintenance and investments in support departments, most especially the
finance function, and continued deferral is no longer sustainable, efficient, or effective.
The GFOA report recognizes that addressing these core issues will take time, a considerable
investment and concerted organizational focus. The biggest challenge will be to fundamentally
rethink how the City carries out its day to day administrative functions in light of significantly
changed financial, technological and operational realities and provide the adequate resources to
effectively manage the process changes.
In an attempt to provide some short-term relief to the current staffing workload challenges,
GFOA identified potential improvement strategies that the City can implement now to provide
temporary “quick wins” until longer term systemic changes can be achieved. The next step is to
develop an initial project plan with detailed action steps that capitalize on quick wins and
streamline business processes with existing staffing resources and technology. The longer term
steps include a comprehensive overhaul of business practices and systems. Based on feedback
from the City Council, staff will prepare a Significant Operating Program Change (SOPC) for
the Council’s consideration for the 2016-2017 Budget Supplement to implement a
comprehensive approach to strengthening support departments and business process
improvements.
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Overview of Core Issues Identified by the GFOA
Issue #1 - Need for an integrated financial system
The first issue identified is that the City needs to replace its existing financial system. This
system, known as Finance Plus, was purchased in 2005. GFOA recommends that the system be
replaced with a modern Enterprise Resource Planning (ERP) system. An ERP financial system
provides a technological platform to integrate operational areas such as accounting, budget,
human resources, purchasing, grants management, business licensing, and vendor contract
management into a centralized application. The Cities of Paso Robles and Santa Barbara are
both cities in the region that are currently in the process of implementing ERP systems.
Updates to the City’s existing financial system are no longer being developed by the company
and represent a “silo” technology that has very limited capability to integrate with other business
systems. As an example the City currently develops our budget using spreadsheets and because
the City financial system’s budget module is inactive this data has to be re-entered which is
highly inefficient (data entry and quality control). This hampers the City’s ability to operate as
efficiently and effectively as possible and utilize best practices for financial operations. This is a
significant recommendation as the implementation of a system requires a substantial investment
of both capital and staff and consultant resources. Implementation efforts usually occur over a
three to four year period. The direct costs to purchase and implement a system are projected to
be approximately $2.25 million.
Issue #2 - Need for a new chart of accounts
The second recommendation is to generate a new Chart of Accounts (COA) to simplify City’s
accounting and budgetary systems. A COA is a list of the accounts used to define each class of
items for which money or the equivalent is spent or received. The COA serves as the financial
“DNA” of an organization and if improvements to the City’s financial system and business
processes are to be realized; the City needs to “redo” its COA through an organization wide
effort. GFOA has extensive best practices and resources to guide the City through an overhaul of
the COA.
The City’s existing COA is unnecessarily complex and is a barrier to improving the City’s
business processes and financial management. The existing COA has resulted in proliferation of
side systems to create financial reports, poor reporting capabilities, and is inefficient and time
consuming to complete monthly bank reconciliations and to prepare for year-end processes, such
as the audit and Comprehensive Annual Financial Report (CAFR). While all of this work is
being accomplished and the City is receiving clean audits and awards for our CAFR the process
is complex and demanding on staff time.
Issue #3 - Business processes improvements
Many of the City’s business practices have served the City incredibly well over the years and
have been a benchmark for many other local governments. Customer expectations and choices
have advanced remarkably since the City purchased its current financial system in 2005 and
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today we offer many services that were not available (i.e. credit cards, online payments, etc.)
then. In an effort to keep up with the public’s needs, the City has developed business practices
within currently owned technology capabilities or have purchased side systems to provide
expanded services. Over time, the complexity and limitations of the mixture of financial and
side systems have become a barrier to continued innovation and improvement of business
practices. . Many of these side systems and processes exist in the operating departments and
standardizing business processes will allow for the centralization of support functions.
GFOA’s report identifies four different business processes that could substantially benefit from
new policies and practices. These include:
1) Purchasing
2) Salary and personnel budget process
3) Standardized cash management
4) Accounts payable.
The report includes recommendations for each of the four areas. It is worth noting that it is
possible for these process improvements to be simplified through a new ERP financial system.
Yet, in the absence of a new system, some process reengineer is recommended to ensure that the
city implements best practices and maximizes efficiencies to the extent possible given the
limitations created by the continued reliance of an outdated system and chart of accounts.
Issue #4 - Role clarity and alignment
The fourth issue is to improve role clarity and alignment within the department. GFOA has
identified numerous instances where finance staff has been assigned inconsistent (and
incompatible) tasks that decrease the efficiency and effectiveness of the department. Turnover in
the FIT department has resulted in a distribution of responsibilities and roles that GFOA
identified as a prime opportunity for efficiency improvements. The recommendations are to:
1) Reorganize the FIT department into two separate departments (Finance and IT), each led
by their own Director
2) Cleary define and align roles in the new Finance and IT Departments
3) Create service level agreements with all City departments to clarify the division of
responsibilities for tasks
4) Move the utility billing function to the Utilities Department.
FISCAL IMPACT
Staff has been working with GFOA to evaluate the one-time and ongoing fiscal impacts
associated with their recommendations. If implemented, the recommendations will require both
one-time and ongoing resources to purchase and implement a new ERP system. These costs
include staff to lead the required overhaul of business processes and to implement the ERP
system. Staffing would also be identified to support the reorganization into two departments and
continue service responsibilities.
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The estimated costs to purchase and replace the existing financial system with an ERP system is
$2.25 million. The estimated cost for San Luis Obispo is based on their direct costs for
purchasing the system with specific recommended adjustments identified by GFOA.
The report highlights the ripple effect of issues identified in the GFOA report to other
departments. These discussions day lighted the need for temporary resources in both the City
Attorney’s Office and Human Resources Departments.
A comprehensive SOPC for the 2016-2017 Supplement Budget is being developed to strengthen
the support departments (Finance, IT, HR, and City Attorney’s Office). The preliminary
estimates for the 2016-2017 Budget Supplement SOPC are ongoing costs of $266,500 and
onetime costs of $1.7 million. The 2016-2017 SOPC is being developed within the context of an
updated five year forecast that will be presented as part of the 2016-2017 Budget Supplement.
Additional resources will be requested as part of the 2017-2019 Financial Plan that will require
other one time and ongoing funding. This SOPC will propose a comprehensive approach to
strengthening and aligning staff and other resources in support departments so that they can
participate in the overhaul of business processes need to meet the service needs of the public and
other City departments. When additional analysis about workload is completed, ongoing
resources will also likely be needed in the City Attorney’s Office and Human Resources’
Department which will be integrated into a SOPC request for the 2017-2019.
These costs will clearly have a significant impact to the General Fund and all the enterprise
funds, but are necessary and urgent to implement the key GFOA recommendations. One time
and ongoing costs will be directly allocated and fairly distributed to the Enterprise Funds
pursuant to the Cost Allocation Plan and other applicable best practices.
It is estimated that it will take four to five years to implement all of GFOA’s recommendations.
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GOVERNMENT FINANCE OFFICERS ASSOCIATION
(GFOA)
RESEARCH AND CONSULTING CENTER
San Luis Obispo,
California
March 24, 2016
Organizational Assessment - Finance
Final
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Table of Contents
Section 1 - Introduction ................................................................................................ 3
Approach & Methodology ....................................................................................................... 3
Section 2 - Analysis and Recommendations .............................................................. 5
Issue 1) Need for an integrated financial system ............................................................... 5
Ripple Effects ......................................................................................................................... 6
Recommendations:................................................................................................................. 7
Quick Hit Recommendations: ................................................................................................. 8
Issue 2) Need for a new chart of accounts ......................................................................... 8
Ripple Effects ......................................................................................................................... 8
Recommendations:................................................................................................................. 8
Quick Hit Recommendations: ................................................................................................. 9
Issue 3) Business process improvements.......................................................................... 9
Ripple Effects ........................................................................................................................10
Recommendations:................................................................................................................10
Quick Hit Recommendations: ................................................................................................11
Issue 4) Role clarity and alignment ....................................................................................13
Ripple Effects ........................................................................................................................13
Recommendations:................................................................................................................13
Quick Hit Recommendations: ................................................................................................14
Section 3 – Recommendation Summary ................................................................... 15
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Section 1 - Introduction
In public sector organizations, the finance function plays an important and often complex role.
Not only is finance tasked with performing the accounting functions, it also must serve in a
support role for many of the other departments. By coordinating budget, accounts payable,
purchasing, billing, distribution and collection of utility bills and business licenses, and other
functions, finance is a central player in the overall efficiency of the organization.
The purpose of this organizational assessment of the Finance and Information Technology (FIT)
department of the City of San Luis Obispo, California (the city), specifically the divisions of the
department focused on finance, is to determine areas for improvement. The assessment
included the FIT department, as well as other departments and staff that have a role in the
City’s financial activities. GFOA’s report is intended to assist the City’s executive management
with developing a strategic roadmap that will enable the organization to achieve desired
outcomes, adopt recognized best practices, and more effectively serve other city departments
and the public.
To conduct the assessment, GFOA facilitated focus group meetings with City staff, interviewed
individual members of the FIT department and other departments in the City, and reviewed
process documentation that is currently available to identify key issues and opportunities.
The issues identified in this report represent major areas that in GFOA’s opinion offer the City its
best opportunity for improvement. This report is not a comprehensive list of all opportunities for
improvement. Our approach to projects is to focus on providing practical guidance and
implementing improvements. As part of the conversations with City staff, comments may have
been mentioned that did not make it into this report. The exclusion of comments does not
necessarily indicate that GFOA did not feel that the issue was significant, but its improvement
strategy was not as clear or did not provide the same opportunity as those listed.
This report contains a prioritized list of opportunities and recommendations. At the City’s
request, we included both long-term recommendations that will provide the foundation for the
City’s finance function to be sustainable and successful over many years and short term
recommendations that can be implemented in a manner of weeks or months to relieve pressure
and provide near term improvements to make time to focus on the more strategic and long term
improvements.
GFOA has provided additional detail and explanation of its primary recommendations in
separate reports for each issue area. documents that
Approach & Methodology
• Information Gathering and Analysis - GFOA’s standard approach for assessments
such as the one conducted for the city is to use a combination of interviews with key
stakeholders and a document review process to understand the current situation within
the finance office along with other finance related functions – for example, purchasing,
contract management, and information technology systems. GFOA then compares the
information collected against similar organizations, recognized best practices, and our
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collective experience with other municipal clients to identify potential improvement
opportunities.
GFOA’s information gathering efforts with the city focused on the following areas using
the overall approach and methodology defined by the graphic below.
Supporting Tools and Inputs
Structure and Governance
Outcomes and Results
• Report Preparation & Recommendations - Following onsite work at the City, GFOA
reviewed materials and information gathered during and after interviews to identify
concerns and prioritize opportunities for improvement. Using our expertise, GFOA
conducted research and performed gap analyses between the City’s current state and
recognized industry best practices along with common practices adopted in local
government. Issues explained in this report identify those gaps where GFOA feels there
is room for improvement for the City. In making recommendations, GFOA attempted to
make suggestions for improvement to the underlying cause of the issue. As a result,
many recommendations appear to address core structural, organizational, or process
issues that will provide solutions for the long-term. Where possible, GFOA has also
attempted to identify smart and appropriate “quick wins” that will provide temporary relief
for the City and help free resources to focus on more long-term strategic improvement
efforts.
• Review & Action Planning - After the City has had an opportunity to review the issues
identified in this report and GFOA’s recommendations for improvement, GFOA will be
onsite to facilitate a discussion of the recommendations and assist with the preparation
of an Action Plan that the city can use to plan implementation activities and track
progress toward improvements. GFOA will use Microsoft project to create a project plan
that will track key milestones, tasks, and responsible individuals for the project(s). GFOA
would then be available to provide further details to the action plan or participate in
implementation efforts.
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Section 2 - Analysis and Recommendations
The focus of GFOA’s assessment was on the financial processes performed by the Finance and
Information Technology department (the “finance function”). Using the conceptual approach
communicated by the image displayed in Section 1, GFOA has identified a number of issues
that require attention by the City. GFOA has identified the City’s primary “core” issues as the
following:
Issue #1) Need for an integrated financial system
Issue #2) Need for a new chart of accounts
Issue #3) Business process improvements
Issue #4) Role clarity and alignment
These core issues, in GFOA’s opinion represent the most significant problems faced by the
City’s finance function. The ripple effects from these core issues contribute to the vast majority
of challenges within the finance function. Addressing other issues outside of this core may
provide temporary relief, but will ultimately fail to provide lasting improvement. However, GFOA
recognizes that addressing these core issues will take time. In an attempt to provide some
short-term relief to the current staffing workload challenges, GFOA has attempted to identify
potential improvement strategies that can be implemented now and provide temporary “quick
wins” until the long-term strategies can go into effect.
Issue 1) Need for an integrated financial system
The City does not have an integrated financial system that meets the needs of the organization.
The SunGard Pentamation system could be described as outdated, inefficient, and incomplete.
As a result, City staff must perform extensive manual work arounds and utilize a variety of
shadow or additional systems to complete basic tasks that have become routine and/or
automated in most other municipal governments. Below are a few examples of missing
functionality:
1) Purchasing – The City does not have a central system to manage its purchasing
function. Purchase requisitions, purchase orders, and contracts are managed and
tracked manually by staff in both the FIT department and in other City departments. In
addition, without a purchasing system staff is left to manage encumbrances and budget
control manually.
2) Financial and Management Reporting – The system lacks modern reporting features
to inform staff, provide decision support, and provide accountability. Almost all
departments indicated that they rely on spreadsheets and other side systems to perform
basic functions such as budget-to-actual reporting, cost accounting, and payment
tracking. This creates manual work that is redundant and inefficient.
3) Project and Grant Accounting – When the City’s chart of accounts was configured in
the system, it did not provide the opportunity to track projects and grants in an
appropriate way. (See Issue #2) for more information. As a result department staff has
largely relied on side systems to track grant and project information.
4) Payroll / Human Resources - The City’s human resources and payroll processes are
manually intensive and inefficient, mostly due to the lack of an integrated HR/payroll
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system. Human resource processes require paper based approvals. There is a heavy
reliance on manual checklists and spreadsheets to calculate payroll – including some
payroll calculations that are done in Microsoft Excel.
In addition to the four areas listed above, many features common in most financial systems and
in use at many governments across the United States are not available to the City. As a result,
processes are not automated and what are simple tasks for other organizations require many
hours of work for City staff, and important controls or business rules are not enforced by the
system. Examples include:
o No systematic workflow
o No automated encumbrance accounting
o No system-generated notifications or alerts
o Lack of integrated modules
o Lack of robust security features
o Limited integration of third party systems
o No automated bank reconciliation
o No self-service features
o Minimal enterprise-wide use of system functions
The fact that the City’s staff completes as much as they do without these essential tools
is in itself an achievement. However, for a finance office to be considered high-
performing and meet the current needs and challenges that municipalities face, a quality
financial system is an essential tool.
Ripple Effects
As a result of not having a modern financial system, there are many ripple effects that have
reduced the effectiveness and/or efficiency of the finance function. GFOA found the following
areas for improvement.
• Reliance on manual processes – The City relies on many manual processes. Manual
processes are inefficient, limit the level of transparency into the process, are prone to
errors or inconsistency, and often result in redundant work.
• Informal Processes – City staff reported many processes that involve or originate with
communication of phone calls or emails. This type of process is difficult to track and is
susceptible to variation.
• Bank Reconciliation – The City’s bank reconciliation is overly complicated and requires
significant time. City staff reported that it takes an entire day to gather information for
bank reconciliation. The whole bank reconciliation process takes too much time.
• Proliferation of side systems – In almost every meeting GFOA conducted, staff
highlighted how side systems are used to perform critical finance functions. This is a
common occurrence in many organizations with weak financial systems. However,
existence of side systems only seems to exacerbate the situation and create the need
for more side systems as information is further fragmented and the primary system’s use
is further limited.
• Difficulty in obtaining financial information – The existence of side systems and the
difficulty in reporting from the main financial system has led to difficulty in easily
obtaining current financial information. For example, because commitments
(encumbrances and pre-encumbrances) are not tracked in the system from the
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beginning of the purchasing process budget-to-actual numbers cannot be reported
unless a side system is used. The existence of these systems (and the need to manually
duplicate information) presents the opportunity for errors. Different departments track
this information in different ways and without a reliable standard process.
• Roles and Responsibilities – One of the core guiding principles of efficient processes
and modern financial systems is that information is captured at its origination point. Once
information or data are captured in the system, it can be used throughout the
organization, tracked, and reported on. Because the City relies on many paper based
processes, it creates the need for staff in finance to spend time keying in information.
This effort is redundant and not an optimal use of finance staff time.
Recommendations:
A. Implement new ERP system - GFOA recommends that the City pursue a strategy to
implement a new enterprise resource planning (ERP) system that would include
financials, procurement, human resources, payroll and other related functions. Modern
ERP systems offer integrated functions combined with modern features such as self-
service, workflow, improved analytics, and automation of business process.
Implementation of a new ERP system is as much about process change as it is about
technology. For projects to be successful, an organization must simplify, streamline and
standardize processes, work diligently to train users and manage the overall
organizational change. In addition, organizations require focus on a shared vision and
the leadership to see the vision through. When implemented successfully, the ERP
system will put the needs of the organization above the needs of an individual
department and any diversion from this creates the risk to derail the effort. For this
reason, GFOA recommends that the City put a moratorium on new system
implementations until the core ERP system is established. Other projects will divert
resources and divert attention from the ERP system. Also, more importantly and more
detrimentally to the system, it will signal weakness in the City’s ERP vision.
B. Identify formal governance structure and document with project charter - The
scope of a financial system implementation project goes beyond the finance office and
IT office. The finance system is viewed by all organizations to conduct their business
and the approach to the project needs to consider all of these various stakeholders. In
addition, because of the many stakeholders, it is essential to clearly communicate
project expectations, roles, and decision authority. A formal governance structure and
project charter provides this clarity. GFOA recommends establishing a steering
committee made up of City executive leadership and management staff from key
stakeholder departments. The City would then establish a project team that identifies an
individual to serve as the “lead” for each process/functional area. Lastly, the governance
structure should identify subject matter experts or staff throughout the City that
contribute to processes/functions. Once a structure is identified, the City will need to
clearly define the role of each with respect to the project.
A project charter is a document that contains these descriptions along with overall goals
for the project, guiding principles, and a clear vision of project success.
After implementation, the project governance structure could be maintained in some
format to help guide overall use of the system. Many organizations use a steering
committee to evaluate and prioritize improvement opportunities with the system or the
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business case from any new systems that may be contemplated. It is important to make
sure that new systems are planned with the same ERP vision.
Quick Hit Recommendations:
C. Develop system inventory - Because of the City’s extensive use of side systems, it will
be important that the City inventory these systems. Moving forward, having an accurate
system inventory (including all spreadsheets and custom developed systems) will be
important to business process improvement efforts and the process to transition away
from the current environment to one that relies on a modern financial system.
Issue 2) Need for a new chart of accounts
The City’s chart of accounts is unnecessarily complex, redundant, ineffective, and makes
everything that the City does from a financial management perspective more difficult. A simpler
chart of accounts that is, organized, logical, well understood, and detailed enough to facilitate
organization wide planning (budgeting), tracking, reporting, and facilitation of business
processes is needed. The chart of accounts forms the foundation of not only the finance system
but of all financial transactions. GFOA has experience with organizations that have ended up
with a chart of accounts similar to the City’s current situation. It is often the result of growth,
inconsistent use over time, and an inflexibility of the system (or the set up) to accommodate
change. For example, based on conversations with staff, as the need for tracking new projects,
grants, or programs arose, the City would need to “force” the chart of accounts to handle this.
Often this resulted in using a segment for a purpose other than what was originally intended.
This then fragmented information, made reporting more difficult, and led to challenges that often
required shadow systems. As more and more was added, the City began running out of
available values. The result then was to start “fitting in” new accounts where there was room
which further weakened the chart of accounts. As a result, most departments use Microsoft
Excel to track key information.
Ripple Effects
• Proliferation of side systems – In almost every department, side systems have been
created to track financial information at a more detailed level than the chart of accounts
easily allows for. This includes projects, grants, programs, or initiatives. Every side
system then represents an instance of redundant data entry, potential error, and an
ongoing need for reconciliation and maintenance.
• Poor Reporting – The state of the City’s chart of accounts makes it extremely difficult to
extract or report quality information. As a result, the City does not get timely budget-to-
actual reports.
• Time Consuming End of Year Processes – As referenced above, the complex and
unorganized chart of accounts makes every process and transaction that the City
completes more difficult. This is especially true at year end where staff must reconcile
many different systems, perform adjusting entries, catch up with batch processes, etc.
Recommendations:
D. Identify team for CoA development – Chart of account development is an activity that
must include representatives from beyond finance. GFOA recommends that the City
establish a team made up of representatives from many departments to identify a
structure and help define values for the chart of accounts.
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E. Develop new chart of accounts – See separate report.
Quick Hit Recommendations:
F. Identify existing accounts that are not used – A large part of the complexity with the
City’s chart is due to the many accounts that are no longer used. Where possible the
City should combine accounts, eliminate old accounts, and attempt to simplify the
structure in the transition period before the new chart and new system are implemented.
In addition to making it easier in the short-term, it will also ease the transition to the new
chart and new system.
Issue 3) Business policy and process improvements
Many of the outdated and redundant business processes in use throughout the City can be
attributed to the lack of a financial system, as explained under issue #1. However, GFOA has
also identified a number of improvement opportunities independent from the financial system. In
general, the existence of a financial system will automate existing processes and will provide
some improvement. However, the system is only a tool and improvements based solely on the
tool will only go so far. Those business processes are explained below.
1) Purchasing - The City lacks an established and centralized purchasing position. The
existing system does not have dedicated, purchasing staff, that can to manage the
procurement of city goods and services and the management of city contracts. An
improved process would clarify roles and responsibilities regarding who will work on the
purchasing activities and reduce the effort to make City purchases and still be consistent
with City policies and State Law.
Any purchasing processes are run primarily through the departments with some
coordination by the finance staff. While finance is an approver at the end of the process,
the manual nature of the process can lead to inconsistency. GFOA also feels that the
assignment of purchasing roles within finance was not made in an effective way. For
example, one person is responsible for entering vendors, sending PO’s, and processing
payments creating potential issue with non-separation of duties. In addition, the current
function relies on unnecessary manual process. Every PO has a manual file folder
created where the total amount remaining on the PO is tracked.
In addition, finance staff focusing on accounting tasks are asked to be involved with the
bid and RFP process and then the subsequent management of contracts. This diversity
of role creates unnecessary confusion, timeliness issues and potentially work quality
issues. Purchasing is not typically a process where work can be set aside and then
batched at weekly intervals. Throughout GFOA’s meetings, staff often commented on
the inconsistent turnaround for purchasing tasks. Staff also commented that when
contacted, finance staff is often very good about turning around tasks that are time/date
sensitive. However managing purchasing workload based on philosophy of the
“squeaky wheel” is not sustainable in the long-term.
2) Salary and Personnel Budget Process - Every department head GFOA met with
expressed frustration with salary forecasting and personnel budgeting. Department
heads are not comfortable with the process to obtain system-generated data; the
process is cumbersome and unnecessarily complex. Department heads are using
Excel, not system data to budget for personnel and salaries. This is because the City’s
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Pentemation system does not have a budgeting or Human Resource Information System
(HRIS) tool that is commonly used to model and forecast salaries.
3) Standardized Cash Management - The City has many points of cash collection.
Revenue collection systems are not interfaced to the general ledger and the City does
not have a standardized process or technology across the organization. In most cities,
the various business functions require that revenue be collected at multiple locations.
However, each location should be following a consistent set of rules to make
coordination of the overall revenue collection effort more efficient.
4) Accounts Payable – The City lacks an efficient process for reviewing, approving, and
processing invoices because of the current lack of a complete financial system. The use
of the manual PO folder is inefficient and confusing. The process of running reports and
reconciling those reports to Excel spreadsheets and paper logs is redundant and
inefficient.
Ripple Effects
• Best” practices will help improve productivity and morale: GFOA reviewed
business processes across the finance function. In general, GFOA did identified
opportunities to , implement, and maintain financial management using best practices.
While it is clear that City staff are capable of this effort and in many cases have led
efforts independently to gain improvements, there has not been an organization-wide
effort or coordinated effort to adopt modern industry best practices. Technology and the
existing COA have been a significant barrier to this occurring.
The City should be commended for the initiatives completed so far, however GFOA feels
that without addressing the underlying “core” benefits were lessened and will continue to
be limited.
• Clearer Processes. GFOA defines clear processes or transparency as an overall
understanding of the subject. Process transparency or the ability for key process
stakeholders to understand both the approach and purpose to business process requires
that stakeholders understand both what decisions were made and how they were made.
Recommendations:
G. Establish a purchasing function - A city that is experiencing growth such as San Luis
Obispo, should have a dedicated purchasing department/division and resources to
manage vendors, the procurement of goods and services, and ongoing contracts. GFOA
recommends the City review and/or revise/create:
a. A revised set of purchasing policies
b. Revised purchasing processes
c. Revised purchasing thresholds / approval authority
d. Purchasing division with dedicated purchasing staff
H. Consider Pooled Cash Approach – It is generally considered a best practice to adopt
a pooled cash concept within the City where the City would manage all cash in one
“cash fund.” The relationship between the “cash fund” and other funds would be
maintained through due-to/due-from entries to identify the commitments of each fund for
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cash. This would allow all cash transactions to occur in one fund and from one bank
account.
I. Streamline Budget Process/Document – As stated above, the City puts considerable
effort into its budget process. GFOA is not recommending that the City eliminate any of
the budget process features that are effective and a core part of the City’s budgeting
culture (such as the citizen participation process). However, we are recommending that
the City carefully consider the purpose of each activity in the budget process and its
direct relationship on budget decisions. At its core, an organizations budget process
should be about identifying goals, determining the cost to achieve those goals, and then
making any necessary prioritization decisions. Staff commented that the City’s budget
document is difficult to prepare and can be difficult to understand. Because the City
spends such a large amount of time on the budget process and budget document,
GFOA feels that it could significantly reduce effort while still maintaining the important
elements the City is proud of and are effective. GFOA recommends that the City take a
fresh look at the budget document from a stakeholder perspective or consider surveying
various types of stakeholders to determine what is necessary in the budget document.
Quick Hit Recommendations:
J. Streamline purchasing process - The city department heads are required to provide a
purchasing report for purchases over $25,000 to the city manager for approval, even if
the funds for goods and services have been budgeted and approved in the budget
process (e.g. truck). This can be inefficient for department heads to provide a detailed
purchasing report to the city manager. These purchasing memos create a lot of extra,
work (emails and phone calls) for department staff, in addition to the city manager.
While GFOA acknowledges the level financial controls that the City wants to implement,
GFOA believes these purchasing memos to be unnecessary. GFOA considers that the
City identify a simple purchase requisition form that can be used for all purchases.
GFOA also recommends that the City modify its purchasing workflow and identify
alternate approvers (or potentially department only approvers) for small dollar amount
POs.
K. Hold departments accountable for quality – Staff made repeated comments during
interviews and focus group meetings (across many functional areas) that there was a
considerable amount of time spent correcting errors made at prior points in a process. In
some cases, the errors could be process requirements that are more difficult than
necessary for example, personnel forms require departments to add information that is
not germane to current transition. Regardless of the source or reason for the error,
GFOA recommends that the City focus on eliminating those errors and hold staff
accountable for “doing it right the first time.” GFOA advocates for a policy of “sending it
back” rather than fixing the error. In addition, City leadership will need to hold staff
accountable for quality.
L. Transfer responsibility for tracking POs to departments – The City’s purchasing
process is mostly run by departments (or the analysts) in departments due to the lack of
a procurement function. However, the FIT department manages all paperwork. To
reduce work temporarily, the City could require that the departments assume
responsibility for monitoring the POs, ensuring invoices match the PO, and that
payments don’t exceed the total PO amount, etc. FIT would be responsible for setting
policy and providing random checks/audits to ensure compliance with those policies.
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M. Develop revised cash handling policy – The City should define and document a
formal policy with respect to handling cash (including cash, checks, and credit card
transactions). The policy should:
a. Require standardization among all departments
b. Include internal control procedures
c. Require that departments accepting cash perform certain quality assurance steps
(potentially including: completing deposit slips, reconciling deposits, completing
City forms, etc.)
N. Consider automation or outsourced services – During the period of time when the
City is implementing long term solutions, the City may want to consider implementing
temporary changes to relieve staff from certain functions. These services could include
any of the following:
a. Lockbox services 1 – Lock box services will decrease the amount of processing
for City finance staff
b. Online payments – The City could implement an online electronic payment
portal for City invoices that would decrease the amount of time required for
processing payments.
c. Accounting services – Temporary staffing firms can provide accounting
resources to help reduce workloads from staff during the project transition.
d. Outsource to departments – For departments with regular cash handling
functions, the City could consider allowing those departments to make cash
deposits directly with the bank. The finance office would continue to play an audit
and reconciliation role, but reducing daily cash handling could free up staff time.
O. Identify appropriate service levels – In many cases, the City might have to accept that
current services levels are not sustainable during the project period (where staff have
additional responsibilities). It might be necessary to decrease service levels or suspend
performing certain tasks. For example the following options could be considered:
a. Shift away from batch processes – Reducing then number of batch processes
will reduce the time spent on these large manually intensive tasks. GFOA
recommends the City explore using on-time processing for functions such as
fixed asset acquisition, bank reconciliation, cash deposit handling and others.
b. Shift responsibility to departments and use finance staff to audit
process/transaction. – The City is in a position to leverage the analysts that
exist in the departments to play a larger role in finance activities. Many of these
analysts are performing finance tasks now in a redundant fashion. By pulling in
these analysts into a larger “team” effort to distribute work could free up
resources to focus on more strategic long-term initiatives.
c. Reduce counter hours – The City could reduce the hours that the finance
counter is open or reduce the service levels presented to either external or
internal customers.
1 In banking, a lock box is a service offered by commercial banks to organizations that simplifies collection
and processing of account receivables by having those organizations' customers' payments mailed
directly to a location accessible by the bank.
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Issue 4) Role clarity and alignment
GFOA reviewed the organization chart for the finance function. While it provides an assignment
of key processes to role, it does not provide sufficient guidance to staff carrying out those
duties. In addition, GFOA has identified numerous instances where finance staff has been
assigned inconsistent (and incompatible) tasks that decrease the efficiency of the role. In an
ideal structure, roles will be distributed to take advantage of skillsets and available staffing. The
distribution of work is important to producing high performance and the absence or ineffective
performance of roles is often a source of poor results. Key organizational roles are listed below.
• Executives - create vision, set priorities, and define business strategy
• Managers - align work with strategies and simplify-eliminate-automate work
• Supervisors - address exceptions so workers can conduct routine work
• Workers - perform routine tasks
In smaller organizations it is common and acceptable for some individuals to serve more than
one role. However, even if the same person is performing multiple roles, each role must be
performed well or the organization suffers. In addition, to perform well, the individuals in these
roles must understand the requirements of the role. In our review we identified some areas
where roles were not clear or simply not filled. As discussed above, this often becomes the
source of inefficiency or sub-optimal results. Using the above referenced organizational roles,
GFOA found the following:
1) The City has suffered from turnover at the department leadership level. As a result, the
department has lacked consistent leadership that could effectively set policy or vision for
the department or support staff. Staff at other levels then either had to fill this void or
continue to operate without clear direction. The department has benefited from the
current interim leadership, but filling the role on a permanent basis is necessary to
support lasting change.
2) With leadership turnover in the department, it also suffered from a lack of prioritization.
3) Each finance staff position often fulfilled a combination of “Manager,” “Supervisor,” and
“Worker,” roles. As a result, efficiency suffered and staff seemed to be interrupted
regularly leading to inefficiencies and an inability to meet stakeholder expectations for
turnaround times.
Ripple Effects
• Inability to Meet Stakeholder Expectations - Based on interviews with department
representatives, there is significant room for improvement in both setting expectations
and working to meet expectations. In many cases, City staff recognized the hard work of
finance staff, but also general lack of understanding of department functions. Almost all
discussions with focus groups and one-on-one interviews with city staff indicated
frustrations that roles and responsibilities among finance staff are not clear. This lack of
clarity of roles and responsibilities creates instances where work may be late, then
rushed to complete, and can result in instances were quality can be poor.
Recommendations:
P. Reorganize the FIT department into a finance department and an IT department –
GFOA believes that the City’s finance needs can be best served under a department
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that is allowed to focus on finance (the same would be true for IT and the City’s IT
needs). While GFOA believes that the current challenges are not caused by the
combined structure, implementing the necessary improvements will be much easier with
split departments. In addition, recruiting a replacement finance director with the
necessary finance and leadership skills will be easier if that individual also does not have
to oversee IT. (See separate report for more information).
Q. Clearly define roles for each position in FIT – GFOA reviewed the org chart that
identified the responsibilities and roles of each position. However, some responsibility
assignments are not clear and in areas where multiple positions contribute to a function,
it is not clear who has overall accountability for this function. (See separate report for
more information).
R. Create service level agreements for all central FIT functions – Setting clear
expectations and defining and documenting specific roles for business processes is
essential. For processes that cross departments, GFOA strongly recommends that the
City create and implement service level agreements to clearly set expectations. Service
level agreements are like contracts between departments to provide services and the
contract sets key terms (level of quality, turnaround time, escalation triggers, etc.). (See
separate report for more information).
S. Move utility billing function to the Utilities Department- Two finance staff that work on
utility billing collections have been physically moved out of the finance department into
utility billing to focus on collection efforts and customer service. This arrangement, while
not intended to be long term, has resulted in positive changes in utility billing operations.
Customer services complaints have improved as the number of complaints have been
reduced, collections have increased as staff have been able to focus on the collection of
late bills and changes payment plans, and utility billing has been able to document
processes and procedures that didn’t exist or were outdated. GFOA recommends that
these staff positions be permanently transferred out of the FIT department. With the
overall changes expected to the finance office, GFOA feels that it is best to separate
these positions from the FIT department prior to that split.
Quick Hit Recommendations:
T. Re-assign job responsibilities so FIT staff can specialize - Having staff specialize in
a limited set of the FIT department’s functions will allow staff to take ownership over the
issue, limit distractions, and manage workload.
U. Use analysts to provide back up to FIT – The challenges facing the FIT department
are challenges that face the entire organization. Helping the FIT department become
more efficient should not be the responsibility of FIT alone. As stated above, many
analysts already perform similar functions for their department and do so in a redundant
fashion without a system. GFOA recommends that the City work on leveraging these
resources more at the finance level during the City’s project period to implement the
long-term improvements.
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Section 3 – Recommendation Summary
GFOA has developed recommendations that have been inserted into this report and aggregated
below. GFOA will be reviewing these draft recommendations with City staff. GFOA will work with
the City to assist in the development and facilitation of the action plans. In addition, GFOA will
assist in providing best practice recommendations and conduct research where appropriate.
Recommendation Accountable Quick Win?
A Implement new financial system Executive Leadership
B Identify formal governance Executive Leadership
C Develop system inventory IT Yes
E Develop new chart of accounts Accounting Manager / FIT Staff /
Department Staff
F Identify unused accounts Accounting Manager / IT /
Department Staff
Yes
G Establish a purchasing function Purchasing manager
H Pooled cash FIT Leadership / Accounting
Manager
I Streamline budget process/document Executive Leadership / Budget
Manager
J Streamline purchasing process Purchasing Manager/ FIT
Leadership
Yes
K Hold departments accountable for quality Executive Leadership Yes
L Transfer responsibility for tracking POs to
departments
Executive Leadership Yes
M Develop cash handling policy Revenue Manager Yes
N Consider automation or outsourced
services
FIT Leadership/ FIT Staff Yes
O Identify appropriate service levels FIT Leadership Yes
P Reorganize the FIT department Executive Leadership
Q Clearly define roles for each position in
FIT
Finance Staff
R Create service level agreements for all
central FIT functions
Finance Staff / Departments
S Move utility billing staff to utility billing
Executive Leadership
T Re-assign job responsibilities so FIT staff
can specialize
Finance Staff Yes
U Utilize analysts within FIT Executive Leadership Yes
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Meeting Date: 4/19/2016
FROM: Christine Dietrick, City Attorney
Prepared By: Jon Ansolabehere, Assistant City Attorney
SUBJECT: RECONSIDERATION OF COUNCIL DIRECTION TO STAFF REGARDING
DEMOCRACY VOUCHER FUNDING FOR MUNICIPAL ELECTIONS
RECOMMENDATION
Reconsider the Council’s action on March 15, 2016 regarding the citizen proposed “Ordinance to
create a system of Democracy Voucher funding for municipal elections” and give direction
whether the Council desires staff to review and analyze the proposed ordinance for additional
Council consideration.
DISCUSSION
At its March 15, 2016 meeting, the Council, on a 3:2 vote (Mayor Marx and Council Member
Christianson opposed) gave direction to City staff to move forward with evaluating and bringing
forward for introduction an Ordinance establishing a “Democracy Voucher” funding mechanism
for municipal elections. At the City Council’s April 5, 2016 meeting, Vice Mayor Carpenter,
who voted with the majority on March 15th, requested that the Council reconsider and agendize
this item for a future meeting. The request was made in accordance with Council Policies and
Procedures (Section 1.2.6) and was approved unanimously at the City Council meeting on April
5, 2016. A copy of the March 15, 2016 staff report is attached (Attachment A).
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San Luis Obispo Page 1
Tuesday, February 16, 2016
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,
February 16, 2016 at 4:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San
Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh (Arrived at 4:08 P.M.), Carlyn Christianson,
Dan Rivoire, Vice Mayor Dan Carpenter, 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.
BUSINESS ITEM
1. ADOPTION OF RESOLUTIONS AND AGREEMENTS CONSENTING TO THE
INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREAS OF THE
CITY OF SAN LUIS OBISPO TO PARTICIPATE IN PROPERTY ASSESSED
CLEAN ENERGY (PACE) PROGRAMS (CODRON/FOWLER – 30 MINUTES)
Community Development Director Codron and Community Development Deputy Director
Fowler provided a PowerPoint presentation entitled “Property Assessed Clean Energy”
summarizing the staff report and responded to Council inquiries.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO)
to:
1. Adopt Resolution No. 10690 (2016 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, consenting to the inclusion of properties within
the City’s jurisdiction in the California Hero Program to finance distributed generation
renewable energy sources, energy and water efficiency improvements and electric
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vehicle charging infrastructure and approving amendment of the Joint Powers
Agreement related thereto.”
2. Adopt Resolution No. 10691 (2016 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, consenting to the inclusion of properties within
the City’s jurisdiction in the California Home Finance Authority Community Facilities
District No. 2014-1 (Clean Energy) to finance renewable energy improvements, energy
efficiency and water conservation improvements and electric vehicle charging
infrastructure and approving associate membership in the joint exercise of powers
authority related thereto.”
3. Adopt Resolution No. 10692 (2016 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, consenting to the inclusion of properties within
the City’s jurisdiction in the California Home Finance Authority, program to finance
renewable energy generation, energy and water efficiency improvements and electric
vehicle charging infrastructure and approving associate membership in the joint exercise
of powers authority related thereto.”
4. Authorize the Mayor to enter into and sign the individual agreements with the PACE
program providers.
Steve Delmartini, San Luis Obispo, submitted a correspondence to the City Council and
suggested postponing approval of Item 1 (Hero Program).
Dustin Reilich, Home Energy Renovation Opportunity, stated that the HERO program does not
have prepayment penalties and spoke about the process of acquiring licensed contractors.
Bryan Garey, Ygrene, stated that the Ygrene follows all PACE requirements.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
A representative of the International Fire Fighters Association Local 3523 spoke about Item B.
The City Council adjourned to Closed Session (held in the Council Hearing Room).
CLOSED SESSION
Note: Councilmember Carpenter abstained from participation in portions of discussions relating
to the San Luis Obispo Police Officers’ Association due to personal objectivity concerns related
to a family interaction with Association members.
A. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code § 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
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B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Katie Lichtig, Derek Johnson, Greg
Zocher, J. Christine Dietrick, Jon Ansolabehere,
Rick Bolanos, Deanna Cantrell
Represented Employee Organizations: San Luis Obispo City Employee’s Association
(SLOCEA)
San Luis Obispo Police Officer’s Association
(POA)
San Luis Obispo Police Staff Officer’s Association
(SLOPSOA)
International Association of Firefighters Local 3523
Unrepresented Employees: Unrepresented Management Employees
Unrepresented Confidential Employees
At 6:00 p.m., the Council reconvened the Regular Meeting. All Council Members were present.
PLEDGE OF ALLEGIANCE
Council Member Ashbaugh led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Dietrick stated that there was no reportable action.
PRESENTATIONS
2. PROCLAMATION - HISTORY CENTER OF SAN LUIS OBISPO COUNTY
MUSEUM'S 60TH ANNIVERSARY (MARX – 5 MINUTES)
Mayor Marx presented a Proclamation to Julie Moore, History Center Board President and
Eva Ulz, Curator & Director of the History Center of San Luis Obispo, recognizing the
History Center Museum’s 60th Anniversary.
3. PROCLAMATION - SPAY DAY USA (MARX – 5 MINUTES)
Mayor Marx presented a Proclamation to Ira Alpert of the Feline Network of the Central
Coast, proclaiming February 23, 2016, as “Spay Day USA” in the City of San Luis Obispo.
PUBLIC COMMENT PERIOD
David Brodie, San Luis Obispo, expressed concerns about requests for height exceptions.
Richard Schmidt, San Luis Obispo, cautioned the City Council to prepare for flooding, maintain
creek areas and consider the adoption of a creek inspection program. Steve Barasch, San Luis
Obispo, urged the City to properly maintain City owned properties along the creek to ensure
safety in the event of a flood.
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San Luis Obispo residents Bob Shanbrom, Stephen Hanson, Bob Lucas, Elisabeth Abrahams,
and Mila Vujovich-La Barre expressed concern regarding current water resources and some
urged the adoption of a building moratorium. Donald Hedrick suggested that the current drought
is a product of geoengineering.
Allen Root, San Luis Obispo, emphasized the need for a five-year plan for the maintenance and
preservation of public.
Harry Busselen, San Luis Obispo, expressed support for the rental housing inspection program.
Allan Cooper and Joseph Abrahams of San Luis Obispo voiced concerns about the number of
alcohol outlets in the downtown area and increased crime rates.
San Luis Obispo residents Steven Ferrario and Jacquoline Williams urged the Council to
reconsider the rental housing inspection program. Graham Updegrove, also of San Luis Obispo,
urged the City Council to temporarily suspend the program and place it on the ballot for the
upcoming 2016 election.
Dominic Tartaglia, Downtown Association, provided comments regarding the Box Art Program
and restoration process.
By consensus, the City Council directed staff to agendize consideration of a policy change to the
Box Art Program, with a specific focus on the temporary nature of the art.
CONSENT AGENDA
Public Comments:
Donald Hedrick, San Luis Obispo, urged the City Council to consider additional affordable
housing, while maintaining tourist attractions such as view sheds.
Roy Ogden, Applicant Representative, speaking regarding Item #11 stated that his client owns
the property, well, and water, and further, that the use of water complies with City standards.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 4-11.
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
ACTION: Waived.
5. MINUTES OF THE CITY COUNCIL MEETING OF JANUARY 5, 2016 (MAIER)
ACTION: Approved.
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6. HOUSING AUTHORITY REQUEST TO REASSIGN AND EXTEND LEASE FOR
CITY OWNED PROPERTY LOCATED AT 1090 AND 1092 ORCUTT ROAD, AND
1105 LAUREL LANE (CODRON/WISEMAN)
ACTIONS:
1. Approved and authorized the City Manager to execute an Assignment and Assumption
of Lease Agreement for City owned property located on Orcutt Road from Laurel Creek
Apartments, LP to the Housing Authority of the City of San Luis Obispo.
2. Approved and authorized the City Manager to execute an Amended and Restated
Ground Lease with the Housing Authority extending the lease agreement for an
additional seventy-five years.
7. REVIEW OF AN EXCHANGE OF PROPERTY BORDERING A PARCEL AT 2881
BROAD STREET (CODRON/OTZELL)
ACTION: Adopted Resolution No. 10693 (2016 Series) entitled “A Resolution of the City
Council of the City of San Luis Obispo, California, approving a Real Property Exchange
Agreement with the property owner(s) of 2881 Broad Street, to exchange City surplus
property, being a portion of Lot A of Tract 1150, for property along the northerly edge of
Perkins Lane (SDBV-1990-2015).”
8. 2015 ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION (OLSON/COX)
ACTIONS:
1. Authorized Fire Department staff to continue the process for a grant application to
Federal Assistance to Firefighters Grant Program in the amount of $23,840 to purchase
one Respirator/Self-Contained Breathing Apparatus (“SCBA”) Quantitative Fit Tester
and one Extractor Washer.
2. Authorized the City Manager to execute documents necessary to appropriate the grant
funds upon notification that the grant has been awarded.
3. Delegated the Purchase Authority to the Finance and Information Technology Director
to review quotes and award contracts or purchase orders.
9. ORDINANCE NO. 1628 (SECOND READING) - MUNICIPAL CODE TITLE 10:
VEHICLES AND TRAFFIC AMENDMENTS (GRIGSBY/HUDSON)
ACTION: Adopted Ordinance No. 1628 (2016 Series) entitled “An Ordinance of the City
Council of the City of San Luis Obispo, California, amending Municipal Code Title 10
regarding Vehicles and Traffic,” to reflect current City organizational structure.
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10. AUTHORIZE THE CITY MANAGER TO APPROVE CONTINUED CONSULTANT
SERVICES WITH LIEBERT CASSIDY WHITMORE (IRONS/FLETCHER)
ACTION: Authorized the City Manager to approve up to $100,000 in continued consultant
services with Liebert Cassidy Whitmore (LCW) in fiscal year 2015-16 as necessary to
provide labor relations and specialized employment services.
11. WELL SITE RELINQUISHMENT AT 1460 CALLE JOAQUIN (QUIKY CAR
WASH) (MATTINGLY/FLOYD)
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to approve and authorize the Mayor to
execute the Quit Claim Deed and Indemnification Agreement Affecting Real Property and
Bill of Sale for the well at 1460 Calle Joaquin.
STUDY SESSION
12. CONCEPTUAL REVIEW AND PRELIMINARY FEEDBACK FOR A PLANNED
DEVELOPMENT TO ALLOW BUILDING HEIGHTS UP TO 75 FEET FOR A
MIXED-USE PROJECT THAT INCLUDES AN 80-ROOM HOTEL, 26,000 SQUARE
FEET OF RESIDENTIAL UNITS, 20,000 SQUARE FEET OF
RETAIL/RESTAURANT SPACE, 33,000 SQUARE FEET OF OFFICE SPACE AND
A 45-FOOT TALL PARKING GARAGE AND TRANSIT CENTER (CODRON /
COHEN – 120 MINUTES)
Council Member Ashbaugh recused himself from deliberations on this item because his
spouse leases property within 600’ of the subject site.
Community Development Director Codron and Associate Planner Cohen provided a
PowerPoint presentation entitled “1101 Monterey OTHR-2484-2015” summarizing the staff
report and responded to Council inquiries.
Applicant representatives Andrew Firestone and Pam Ricci summarized the plans submitted
for conceptual review and responded to Council inquiries.
Public Comments:
Ken Trigueiro, People’s Self-Help Housing, Pete Rodgers, San Luis Obispo Council of
Government, Graham Updegrove, California Association of Realtors, Charlene Rosales,
Chamber of Commerce and San Luis Obispo residents Martha Miller, Michelle Tasseff,
Donald Hedrick, Kyle Wiens, Dave Garth and Steve Delmartini spoke in favor of the
proposed project.
The following San Luis Obispo residents expressed concerns about the proposed project:
Edward Benson, Cheryl McLean, Dixie Cliff, Allan Cooper, Elizabeth Thyne, David Brodie,
Sandra Lakeman, Dave Hannings, Mila Vujovich-La Barre, John Grady, Janet Kourakis,
and Bob Lucas.
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By consensus, the City Council received and filed a presentation regarding the proposed
project located at 1101 Monterey and 1144 and 1166 Higuera Streets and provided input and
guidance to questions posed by the applicant.
BUSINESS ITEM
13. 2015-16 MID-YEAR BUDGET REVIEW (LICHTIG / JOHNSON / STANWYCK /
BRADFORD – 45 MINUTES)
Assistant City Manager/ Interim Finance & IT Director Johnson, Parks & Recreation
Director Stanwyck, and Budget Manager Bradford presented a PowerPoint presentation
entitled “2015-16 Mid-Year Budget Review” summarizing the staff report, and responded to
Council inquiries.
Public Comment:
Donald Hedrick, San Luis Obispo, urged the City Council to make investments in local
infrastructures.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5-0 to:
1. Receive and discuss an update of changes in the financial position based on revised
projections for all funds for the 2015-16 Fiscal Year, and the General Fund Five-Year
Forecast for 2015-2016.
2. Receive an update on Status of Major City Goals and Other Important Objectives.
3. Adopt Resolution No. 10694 (2016 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, approving changes to the 2015-16 Budget,”
as presented in the accompanying Mid-Year Budget Review document
LIAISON REPORTS
Council Member Ashbaugh reported on a conference and other City activities.
COUNCIL COMMUNICATIONS
Mayor Marx reported that the City received a letter from Lynn Compton, Chair of the Board of
Supervisors, concerning “Homeless Shelter Crisis.” There was no consensus to place this matter
on the agenda due to the City’s ongoing support and long standing financial contribution to
Homeless Services.
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, March 1, 2016 at 6:00 p.m., in
the Council Chamber, 990 Palm Street, San Luis Obispo, California.
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__________________________
Lee Price, MMC
Interim City Clerk
APPROVED BY COUNCIL: XX/XX/2016
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Tuesday, March 1, 2016
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, March
1, 2016 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 John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice
Mayor Dan Carpenter*, and Mayor Jan Marx.
*Council Member Ashbaugh arrived to the dais at 6:40 P.M. and Vice Mayor Carpenter arrived
at the dais at 6:42 P.M.
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.
PLEDGE OF ALLEGIANCE
Council Member Rivoire led the Pledge of Allegiance.
PRESENTATION
1. PRESENTATION BY JOHN SHOALS, REPRESENTING PACIFIC GAS AND
ELECTRIC COMPANY, REGARDING THE CENTRAL CALIFORNIA POWER
CONNECT PROJECT
Pacific Gas and Electric Company Representatives John Shoals and Jenny Everett provided
a presentation regarding the Central California Power Connect Project and responded to City
Council inquiries.
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2. PRESENTATION BY FIRE CHIEF OLSON AND PUBLIC WORKS DIRECTOR
GRIGSBY, REGARDING WINTER STORM PREPAREDNESS
Fire Chief Olson and Public Works Director Grigsby provided a presentation on Winter
Storm Preparedness.
PUBLIC COMMENT PERIOD
Sandy Simon, Citizens’ Climate Lobby, urged the City Council to agendize the passing of a
resolution urging Congress to Levy a Revenue-Neutral Fee on Carbon in Fossil Fuels.
Christopher Lopez, Cal Poly Associated Students Incorporated (ASI), conveyed appreciation to
the City Council for their continuing efforts to meet and communicate on a monthly basis with
ASI student representatives.
Allan Cooper, Save our Downtown, voiced concerns about the increasing building heights in the
Downtown and urged the City Council place an advisory measure on a future ballot asking
voters whether or not they favor buildings in the Downtown to exceed 45-50 feet in height.
Dia Hurd, San Luis Obispo, commented about her attendance at a recent Downtown Concept
Plan meeting and voiced concerns about hiring consultants to facilitate such public meetings.
Carolyn Smith, San Luis Obispo, spoke about the quality of life living in San Luis Obispo;
voiced concerns regarding the City’s rapid growth and development throughout the City.
San Luis Obispo residents Jerry Lulejian, Janice Wang and Brett Strickland, urged the Council to
reconsider the Rental Housing Inspection Program.
San Luis Obispo residents Bob Shanbrom and Mila Vujovich La-Barre urged the City Council to
agendize a building moratorium and suggested that City staff make reasonable weather
projections so residents can plan accordingly.
Jeff Brubaker, San Luis Obispo, expressed gratitude to the City Council and City staff for
continued efforts to enhance safe bike routes on Chorro Street.
James Shultzie, San Luis Obispo, mentioned a recent tragic accident on the railroad near Cal
Poly, which resulted in the death of a student, and urged City staff to work with Union Pacific
Railroad to reevaluate the safety of railroad crossings.
Bob Lucas, San Luis Obispo, urged the City Council to agendize an item at a future City Council
meeting relating to the climate change.
Richard Schmidt, San Luis Obispo, urged the City Council to agendize an item at a future City
Council meeting relating to a revolving door ordinance.
Camille Small, San Luis Obispo, commented favorably about improved bicycle paths in the City
and encouraged the City Council to recommend to Cal Poly that it increase student housing.
In response to public comments: Public Works Director Grigsby noted that the City plans to add
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a cantilever warning sign as well as a pedestrian barrier near the railroad crossing area in the area
near Cal Poly. Utilities Director Mattingly addressed concerns about water resources by
providing an overview of the City’s wet water model and how staff calculates remaining water in
the reservoirs. City Attorney Dietrick provided legal clarification about the City’s Rental
Housing Inspection Program Ordinance.
RECESS
Council recessed at 7:55 p.m. and reconvened at 8:05 p.m., with all Council Members present.
CONSENT AGENDA
Public Comments:
BK Richard, Chairmen of the Octagon Barn Committee, expressed graduated to the City Council
for their continued support of the Octagon Barn project and indicated that he looks forward to
working with the City on this project.
Scott Smith, Executive Director of the Housing Authority of San Luis Obispo (HASLO); stated
that this project has been a work in progress for six years and emphasized that the units are
designated for low income families.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 3 thru 10.
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
ACTION: Waived.
4. MINUTES OF THE CITY COUNCIL MEETINGS OF DECEMBER 15, 2015 AND
JANUARY 14, 2016
ACTION: Approved.
5. HISTORIC SIGNIFICANCE DETERMINATION FOR A CONTRIBUTING LIST
PROPERTY AT 1009 MONTEREY STREET
ACTION: Adopted Resolution No. 10695 (2016 Series) entitled “A Resolution of the City
Council of the City of San Luis Obispo, California, approving removal of 1009 Monterey
Street from the City’s list of contributing historic resources HIST-2592-2016.”
6. GRANT FUNDING FOR THE OCTAGON BARN CENTER
ACTION: Approved grant funding of $206,000 for construction of facilities at the Octagon
Barn Center and adopted a Resolution No. 10696 (2016 Series) entitled “A Resolution of the
City Council of the City of San Luis Obispo, California, approving a grant agreement with
the Land Conservancy of San Luis Obispo County;” authorizing the Mayor to execute the
Grant Agreement with The Land Conservancy of San Luis Obispo County.
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7. WASTE WATER COLLECTIONS TV VAN REPLACEMENT EQUIPMENT &
VEHICLE BUILD-OUT, SPECIFICATION NO. 91416
ACTIONS:
1. Authorized the Finance Director to execute a purchase order to HAAKER Equipment
Company in the amount of $135,284 for the purchase of one Envirosight RovverX
system, and Transit CCTV for use in a Waste Water Collections vehicle “build-out”; and
2. Authorized the surplus designation of Fleet Asset No. 0509, by sale, auction, trade-in or
other method in accordance with the City’s policies and procedures as prescribed in the
Financial Management Manual Section 405-L and 480.
8. AMENDMENT TO CONSTRUCTION MANAGEMENT SERVICES AGREEMENT
WITH MNS ENGINEERS FOR LOS OSOS VALLEY ROAD AT US 101
INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION NO. 99821
ACTION: Authorized the City Manager to execute Amendment No. 2 to the Construction
Management Services Agreement with MNS Engineers, dated July 1, 2014, increasing their
contract by $297,354, bringing the total contract allowable monthly cumulative payments
from $2,352,870 to $2,650,224 for the remainder of the contract.
9. APPROVAL OF THE FINAL MAP FOR TRACT 2977 UNIT 4, 851 HUMBERT
AVENUE (TR 27-06)
ACTIONS: Adopted a Resolution No. 10697 (2016 Series) entitled “A Resolution of the
City Council of the City of San Luis Obispo, California, approving the Final Map for Tract
2977 Unit 4 (851 Humbert Avenue, TR 27-06),” and authorized the Mayor to execute a
Subdivision Agreement.
10. COUNCIL HEARING ROOM AUDIO VISUAL UPGRADE
ACTIONS:
1. Appropriated $48,700 from the Public, Education, and Government Access fund to upgrade
the audio visual system in the Council Hearing room; and
2. Authorized the Finance & IT Director to approve a Purchase Order with Jensen Audio
Visual in the amount of $48,700 from account for the purchase and installation of the
upgraded AV system.
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PUBLIC HEARINGS
11. CONSIDERATION OF 2016 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING RECOMMENDATIONS
Community Development Director Codron and Planning Technician Wiseman provided a
PowerPoint presentation, entitled “2016 Community Development Block Grant (CDBG)
Funding Recommendations,” reviewed the contents of the report and responded to City
Council inquiries.
Mayor Marx opened the public hearing.
Grace Macintosh, Deputy Director, Community Action Partnerships San Luis Obispo
(CAPSLO), Chris Johnson and Biz Steinberg on behalf of the Board of Directors of
CAPSLO, and Scott Smith, HASLO Director, spoke in favor of the funding
recommendations.
Mayor Marx closed the public hearing.
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR CARPENTER, CARRIED 5-0 to adopt a Resolution No. 10698 (2016 Series)
entitled “A Resolution of the City Council of the City of the City of San Luis Obispo,
California, approving the 2016 Community Development Block Grant (CDBG) Program;”
to approve funding allocations for $454,910 of CDBG funds for the 2016 Program Year.
STUDY SESSION
12. FIRE MASTER PLAN STATUS UPDATE AND DISCUSSION REGARDING COST
ALLOCATION METHODOLOGY
Fire Chief Olson and Community Development Director Codron reviewed the contents of
the report and responded to City Council inquiries.
Public Comment:
Alex Carlyn, San Luis Obispo, urged the City Council to incorporate the number of
expected service calls to the formula for the cost allocation methodology.
By consensus, the City Council provided input to staff regarding cost allocation
methodology for sustaining service levels to developing areas of the City, including
conceptual approval for the proposed hybrid cost allocation methodology.
LIAISON REPORTS
Mayor Marx, Council Member’s Ashbaugh and Christianson provided oral reports on their
attendance at conferences and other City activities.
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San Luis Obispo City Council Minutes of March 1, 2016 Page 6
COUNCIL COMMUNICATIONS
By consensus, the City Council directed staff to agendize: 1) consideration of a resolution urging
Congress to Levy a Revenue-Neutral Fee on Carbon in Fossil Fuels and 2) consideration to join
the 2016 America in Bloom National Awards Program.
ADJOURNMENT
The next Special City Council Meeting is scheduled for Thursday, March 3, 2016 at 3:30 p.m.
and the next Regular City Council Meeting is scheduled for Tuesday, March 15, 2016 at 6:00
p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
Lee Price, MMC
Interim City Clerk
APPROVED BY COUNCIL: XX/XX/2016
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Thursday, March 3, 2016
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on March 3, 2016 at
3:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California,
by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor
Dan Carpenter, and Mayor Jan Marx
Council Members
Absent: None
Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; John Paul Maier
Assistant City Clerk; Derek Johnson, Assistant City Manager; Monica Irons,
Director of Human Resources; Greg Zocher, Human Resources Manager; and Rick
Bolanos of Liebert Cassidy Whitmore, were present at Roll Call.
PUBLIC COMMENT ON CLOSED SESSION
City Attorney Dietrick called for public comment. There was no one present to speak on Closed
Session Items.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Katie Lichtig, Derek
Johnson, Greg Zocher, J. Christine Dietrick,
Jon Ansolabehere, Rick Bolanos
Represented Employee Organizations: San Luis Obispo City Employee’s
Association (SLOCEA)
San Luis Obispo Police Officer’s
Association (POA)
San Luis Obispo Police Staff Officer’s
Association (SLOPSOA)
International Association of Firefighters
Local 3523
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San Luis Obispo City Council Minutes of March 3, 2016 Page 2
Unrepresented Employees: Unrepresented Management Employees
Unrepresented Confidential Employees
B. CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code § 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
REPORT ON CLOSED SESSION
City Attorney Dietrick reported that no reportable action was taken during the Closed Session.
ADJOURNMENT
Mayor Marx adjourned the City Council Meeting at 4:15 p.m.
The next regular City Council Meeting is scheduled for Tuesday, March 15, 2016 at 6:00 p.m., in
the Council Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
John Paul Maier, CMC
Assistant City Clerk
APPROVED BY COUNCIL: XX/XX/2016
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Meeting Date: 4/19/2016
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Timothy S. Bochum, Deputy Director of Public Works
Isaac Shuck, Fleet Maintenance Supervisor
SUBJECT: PARKS MAINTENANCE DUMP TRUCK REPLACEMENT,
SPECIFICATION NO. 91408
RECOMMENDATION
1. Authorize the Finance Director to purchase a dump trailer and aerator tractor attachment with
funding originally approved to purchase a dump truck for use by the Parks Maintenance
program.
2. Authorize the solicitation of bids for an aerator tractor attachment and execute an agreement
if the lowest responsible bid is within the Fleet Manager’s maximum cost estimate of
$35,000.00.
3. Authorize the surplus designation of Fleet Asset No. 9104 Dump Truck and 0131-A4 aerator
tractor attachment, by sale, auction, trade-in or other method in accordance with the City’s
policies and procedures as prescribed in the Financial Management Manual Section 405-L
and 480.
DISCUSSION
Background
The replacement of a 1991 GMC dump truck, asset number 9104, used by Parks Maintenance,
was approved as part of the 2015-17 Financial Capital Improvement Plan (CIP). In September of
2014, the Fleet Maintenance Supervisor determined that the truck no longer met California Air
Resource Board (CARB) regulations for operation. The truck was taken out of service, proposed
for replacement, and funding was approved for replacement in FY 2015-16.
Recommendation
Instead of purchasing the intended replacement dump truck designated in the CIP, staff is
proposing to purchase a much less expensive dump trailer and use some of the savings to replace
an aerator tractor attachment. Although a replacement full size dump truck would fulfill Parks
Maintenance needs, further evaluation by the Fleet and Parks maintenance supervisors
determined that a full size dump truck was “oversized” for daily needs and additional options
were looked into. A dump trailer was concluded as the better solution for the following reasons:
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1. A full size dump truck is very heavy and easily damages manicured grass and
landscaping within the City parks maintained. A dump trailer is significantly lighter, and
would have less impact on landscaping.
2. The material that the program needs to remove is not heavy and does not require the
capacity of a full size dump truck. The capacity of a dump trailer still exceeds what the
program needs to remove, yet has the capacity to carry larger items if needed.
3. A dump trailer is versatile in that it can be towed by most all light and medium duty City
trucks, and so could be used more readily by other activities as a shared vehicle.
4. A dump trailer can be towed by trucks that use less fuel versus a full size dump truck.
5. A dump trailer requires significantly less maintenance versus a full size dump truck.
6. The purchase of a dump trailer will be approximately $97,000 less than what was
budgeted for a replacement dump truck.
In determining that a dump trailer would better suit Parks Maintenance operations and results in
significant financial savings, the Parks Maintenance Supervisor identified that a tractor aerator
attachment needs to be upgraded and replaced. The aerator tractor attachment is used for turf
aerification in the City parks. Aerification is the most important element related to turf health. It
breaks up compacted soils to allow air and water into the depths of the soil and improves root
depth. Improving root depth is important to create a more durable turf which allows
sustainability through all seasons.
The current aerator attachment has been serving the twelve City parks under the Parks
Maintenance Program. Each park takes a minimum of a week to recondition each year. One of
the City parks, Damon Garcia, requires reconditioning every 6-8 weeks due to compaction from
increased play. Although, the current aerator has fulfilled the need, it is being used beyond its
intended capability. That has resulted in extreme wear and breakage. After further evaluation by
the Fleet Supervisor, it was determined that the current unit needs full refurbishment to remain in
service. This would not be cost effective because the current unit does not provide the desired
end result, and repairs beyond normal maintenance would still occur often. Replacing the
current aerator with a larger unit with improved technology, will allow the Parks Maintenance
program to breakup compaction at greater depths, and increase the soil fracturing capability to
improve turf health and sustainability. This will also reduce breakdowns and repair costs.
Even with replacement of the aerator at this time, the conversion of used equipment from a dump
truck to trailer allows for both apparatus to be replaced and still have a modest savings in the
Fleet Replacement Fund that can be used to help replace other equipment.
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Open Market Purchase & Formal Bid
The dump trailer purchase will not exceed $10,000 to purchase. Per City purchasing guidelines
staff has solicited for at least three bids for an Open Market purchase. The aerator tractor
attachment will exceed $25,000. Staff could not find a formal bid under the State of California or
other cooperative purchasing contracts to “piggy back” off of. A formal bid package has been
prepared for the purchase of an aerator that meets City specifications.
CONCURRENCES
Parks Maintenance management concurs with the replacement vehicle and equipment
recommendation made in this report.
FISCAL IMPACT
Approved funding for the CIP project is within budget.
Project Costs (91408)
Dump Trailer Base Cost $6,977.06
Doc Fee $55.00
Sales Tax (8.00%)$562.56
Tire Fee $7.00
Registration Fee $40.00
Freight and Assembly $200.00
Total Dump Trailer Cost $7,841.62
Total Estimated Aerifier Tractor Attachment Cost $35,000.00
Available Project Budget $105,000.00
Estimated Project Balance $62,158.38
ALTERNATIVES
Purchase a dump truck as originally approved. The Council could determine that the regular
dump truck is the preferred purchase. A dump truck would be well used; however, the less
costly equipment recommended and the ability to replace an important Park Maintenance aerator
appears to outweigh staying with the traditional vehicle.
Deny or defer purchase. The City Council could choose to deny or defer the recommended
purchases proposed. Staff does not recommend this option as replacement of the dump truck
was approved as part of the 2015-2017 Financial Plan. Denying or deferring purchase will
continue to hinder Parks Maintenance staff productivity and efficiency due to the lack of
appropriate equipment and will result in increased maintenance and repair costs.
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Attachment 1
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
990 Palm Street San Luis Obispo, CA 93401
Notice Inviting Bids for
Aerator Tractor Attachment
Specification Number 91408
The City of San Luis Obispo is inviting sealed bids for one aerator tractor attachment. All bids must be
received by the Finance Division by 3:00 pm, XXXX, XXXX, 2016 when they will be opened publicly
in the Public Works Department Conference Room, 919 Palm Street, San Luis Obispo, CA 93401.
Bids received after said time will not be considered. To guard against premature opening, each bid shall
be submitted to the Finance Division in a sealed envelope plainly marked with the bid title, specification
91408, bidder name, and time and date of the bid opening. Bids shall be submitted using the forms
provided in the specification package.
Specification packages and additional information may be obtained by contacting Isaac Shuck at (805)
781-7046.
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Specification No. 91347
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 3
Bid Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 6
Contract Term
Bid Content
Accuracy of Specifications
F. Bid Submittal Forms 8
Bid Submittal Summary
Statement of Disqualification
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Section A
DESCRIPTION OF WORK
The City is requesting bids for the purchase of a one (1) 63” Deep Tine Aerator, which shall include the
following features:
New Deep Tine Aerator
63” Width
PTO Driven
3 Speed Gear Box
2,150-2,200 lbs.
The Aerator must be delivered within [90] days after bid award.
Delivery Address:
25 Prado Road
San Luis Obispo, Ca. 93401
Full Specifications listed on the Bid Submittal Form
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Section B
GENERAL TERMS AND CONDITIONS
BID REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a bid (bidder) shall
meet all of the terms, and conditions of the Invitation for Bids (IFB) specifications package. By
virtue of its bid submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the IFB/RFP specifications.
2. Bid Submittal. Each bid must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Bid documents shall
be enclosed in an envelope that shall be sealed and addressed to the Department of Finance,
City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard
against premature opening, the bid should be clearly labeled with the bid title, specification
number, name of bidder, and date and time of bid opening. No FAX or E-mail submittals will
be accepted.
3. Bid Quotes and Unit Price Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Bid Submittal Form(s). Any lump sum bid shall be stated in figures. The Bid
Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any
bidder for any item are not in agreement, the unit price alone will be considered as representing
the bidder's intention and the bid total will be corrected to conform to the specified unit price.
4. Bid Withdrawal and Opening. A bidder may withdraw its bid, without prejudice prior to the
time specified for the bid opening, by submitting a written request to the Director of Finance for
its withdrawal, in which event the bid will be returned to the bidder unopened. No bid received
after the time specified or at any place other than that stated in the "Notice Inviting
Bids/Requesting Bids" will be considered. All bids will be opened and declared publicly.
Bidders or their representatives are invited to be present at the opening of the bids.
5. Submittal of One Bid Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested in more than one bid, except an alternative bid when specifically
requested; however, an individual or business entity that has submitted a sub -bid to a bidder
submitting a bid, or who has quoted prices on materials to such bidder, is not thereby disqualified
from submitting a sub-bid or from quoting prices to other bidders submitting bids.
6. Cooperative Purchasing. During the term of the contract, the successful bidder will extend al l
terms and conditions to any other local governmental agencies upon their request. These
agencies will issue their own purchase orders, will directly receive goods or services at their
place of business and will be directly billed by the successful bidder.
7. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not encouraged,
but will be permitted. However, any such oral communication shall not be binding on the City.
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CONTRACT AWARD AND EXECUTION
8. Bid Retention and Award. The City reserves the right to retain all bids for a period of 60 days
for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any bid, to reject any or all bids, to reject or delete one part of a bid and accept
the other, except to the extent that bids are qualified by specific limitations. See the "special
terms and conditions" in Section C of these specifications for bid evaluation and contract award
criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
CONTRACT PERFORMANCE
10. Ability to Perform. The Bidder warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and li censes necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
11. Laws to be Observed. The Bidder shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
12. Payment of Taxes. The contract prices shall include full compensation fo r all taxes that the
Bidder is required to pay.
13. Permits and Licenses. The Bidder shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
14. Safety Provisions. The Bidder shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
15. Public and Employee Safety. Whenever the Bidder's operations create a condition hazardous to
the public or City employees, it shall, at its expense and without cos t to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
16. Preservation of City Property. The Bidder shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Bidder's operations, it shall be replaced or restored at the Bidder's
expense. The facilities shall be replaced or restored to a condition as good as when the Bidder
began work.
17. Bidder Non-Discrimination. In the performance of this work, the Bidder agrees that it will not
engage in, nor permit such subcontractors as it may employ, to engage in discrimination in
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employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
18. Work Delays. Should the Bidder be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Bidder. In the event that there is insufficient time to grant such extensions
prior to the completion date of the contract, the City may, at the time of acceptance of the work,
waive liquidated damages that may have accrued for failure to complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
19. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment or services provided by the
Bidder (Net 30).
20. Inspection. The Bidder shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Bidder are being performed in accordance with the requirements
and intentions of this contract. All work done and all materials furnished, if any, shall be subject
to the City's inspection and approval. The inspection of such work shall not relieve Bidder of
any of its obligations to fulfill its contract requirements.
21. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Bidder in preparing its invoices to City as a condition precedent to any
payment to Bidder.
22. Interests of Bidder. The Bidder covenants that it presently has no interest, and shall not acquire
any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the
performance of the work hereunder. The Bidder further covenants that, in the performance of
this work, no subcontractor or person having such an interest sha ll be employed. The Bidder
certifies that no one who has or will have any financial interest in performing this work is an
officer or employee of the City. It is hereby expressly agreed that, in the performance of the
work hereunder, the Bidder shall at all times be deemed an independent bidder and not an agent
or employee of the City.
23. Hold Harmless and Indemnification. The Bidder agrees to defend, indemnify, protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to the Bidder's employees, agents or officers that arise from or are connected
with or are caused or claimed to be caused by the acts or om issions of the Bidder, and its
agents, officers or employees, in performing the work or services herein, and all expenses of
investigating and defending against same; provided, however, that the Bidder's duty to
indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or employees.
24. Contract Assignment. The Bidder shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
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25. Termination. If, during the term of the contract, the City determines that the Bidder is n ot
faithfully abiding by any term or condition contained herein, the City may notify the Bidder in
writing of such defect or failure to perform. This notice must give the Bidder a 10 (ten) calendar
day notice of time thereafter in which to perform said work or cure the deficiency.
If the Bidder has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Bidder to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any
and all obligations of the Bidder's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Bidder shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it rec eived the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Bidder as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Bidder shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Bidder be entitled to
receive in excess of the compensation quoted in its bid.
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Section C
SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General
Terms and Conditions) of these specifications, the contract will be awarded to the lowest
responsible, responsive bidder via Purchase Order.
2. Labor Actions. In the event that the successful bidder is experiencing a labor action at the time
of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the
City reserves the right to declare said bidder is no longer the lowest responsible, responsive
bidder and to accept the next acceptable low bid from a bidder that is not experiencing a labor
action, and to declare it to be the lowest responsible, responsive bidder.
3. Failure to Accept Contract. The following will occur if the bidder to whom the award is made
(Bidder) fails to enter into the contract: the award will be annulled; any bi d security will be
forfeited in accordance with the special terms and conditions if a bidder's bond or security is
required; and an award may be made to the next lowest responsible, responsive bidder who shall
fulfill every stipulation as if it were the party to whom the first award was made.
4. Statement of Contract Disqualifications. Each bidder shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the IFB
package.
5. State Cooperative Purchasing Program. The City of San Luis Obispo participates in the State
Cooperative Purchasing Program. As such, the City can purchase the items described in Section
A through this program. Accordingly, the City will purchase from the State or the lowes t
responsible, responsive bidder, after allowing adjustments for the cost of pickup and/or delivery
from the State, adjustments for after-market modifications, and adjustments for sales tax from
local dealers, as it determines to be in its best interest.
6. Alternative Bids. The proposer may submit an alternative bid (or bids) that it believes will also
meet the City's project objectives but in a different way. In this case, the proposer must provide
an analysis of the advantages and disadvantages of each of the alternatives, and discuss under
what circumstances the City would prefer one alternative to the other(s). If an alternative bid is
submitted, the maximum length of the bid may be expanded proportionately by the number of
alternatives submitted.
7. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its bid, the bidder and all subcontractors named in its bid shall bear sole
responsibility for bid preparation errors resulting from any misstatements or omissions in the
plans and specifications that could easily have been ascertained by examining either the project
site or accurate test data in the City's possession. Although the effect of ambiguitie s or defects in
the plans and specifications will be as determined by law, any patent ambiguity or defect shall
give rise to a duty of bidder to inquire prior to bid submittal. Failure to so inquire shall cause any
such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be
considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and
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diligence on its part, knew or should have known of the existence of the ambiguity or defect.
Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or
plan defects or ambiguities prior to bid submittal shall waive any right to assert said defects or
ambiguities subsequent to submittal of the bid.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful bidder to achieve the project’s objective or standard
beyond the amounts provided there for in the bid.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Bidder shall immediately notify the City in writing, and the Bidder and all subcontra ctors shall
continue to perform, irrespective of whether or not the ambiguity or defect is major, material,
minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written
notice within one (1) working day of bidder's becoming aware of the facts giving rise to the
dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity
in the plans or specifications concerning the dispute.
8. Equipment. The vehicles shall be supplied with all new equipment and accessories indicated
as standard equipment in the manufacturer's published literature. All equipment/options are to be
factory installed. If some equipment/options are not available from the factory, dealer
installation may be acceptable if specified as dealer installed in the bid response and accepted by
the City.
9. Deviations. The specifications describe minimum or average requirements. Minor deviations
from specifications may be acceptable provided that the operating capacities or characteristics of
the vehicles are not adversely affected. Such deviations are to be submitted in writing with the
bid submission and the City reserves the right to make the final determination as to whether or
not any deviations are acceptable.
10. Regulations. All equipment and accessories shall meet OSHA, Department of Industrial Safety
and California Highway Patrol regulations.
11. Shipping Terms. All prices quoted are to be FOB Destination, no additional Freight charges.
Bids quoting otherwise may be rejected.
12. Weight Certificates. If required by DMV to register the vehicle, weight certificates must be
submitted by the bidder upon final delivery of the vehicle.
13. Licensing and Registration. The City may elect to register vehicles supplies under this bid. In
this case, the seller shall provide ownership documents, free and clear. In the event that the City
elects to have the seller provide vehicle registration ser vice, the seller will provide this service
with no additional fees. In this case, the City will provide an exact registration address on the
Purchase Order.
14. Warranty. Standard manufacturer's warranties are to be provided and listed for each vehicle.
The City's established preventive maintenance procedures and practices shall be accepted in lieu
of the manufacturer/dealer's prescribed procedures. This provision shall also apply to any
extended warranties.
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Special body and equipment warranties shall be a minimum of one year from date of acceptance
and include all parts and labor.
All of the above mentioned warranty literature shall be included with the vehicle at the time of
delivery. Warranty offers are important and may be considered in the evaluation of the bids.
15. Manufacturer’s Literature. One copy of the vehicle owners/operators manual, any other
instructions for operation and any other supporting literature is required for each vehicle.
One copy of equipment operating instructions, a complete and current parts list and all other
supporting literature is required for all equipment added to a vehicle.
All of the above mentioned manufacturers’ literature shall be included with the vehicle at the
time of delivery.
16. Delivery. All units are to be delivered F.O.B. Destination to the City Corporation Yard, c/o
Fleet Services, 25 Prado Road, San Luis Obispo, CA 93401. Final acceptance of vehicles for
conformance with the specifications will be made only by the Fleet Manager. Final acceptance
will be made within 20 days of receipt of the vehicles.
17. Keys. Three sets of keys shall be furnished with each vehicle. A warranty and Owner’s
instruction manual shall be furnished with each model group.
BID SUBMITTAL FORM
Specifications Check Mark or note Deviation
Working Width 63”
Working Depth Variable to 16”
Weight 2,150-2,250 lbs.
Hole Spacing (side to side) 21/2”-5”, depending on tine size
Hole Spacing (forward) @
540 rpm
5” spacing @ .95 mph
21/2” spacing @ .47 mph
PTO Variable to 540 rpm
Tractor Required 35 hp. To 80 hp.
PTO Speed Up to 540 rpm
Productivity
Forward Hole Spacing 21/2” –
12,917 sq.ft/hr
Forward Hole Spacing 5” – 25,833
sq.ft/hr
Tines
Comprehensive range of
coring/solid tines 3/8” to 1”
coring; 3/16” to ¾” solid
Drive PTO 3 Speed Gear Box
Power Pack
Central Power Pack protects the
linkage.
Vibra Stop Absorbs vibrations from extreme
9.a
Packet Pg. 216 Attachment: a - IFB Parks Maintenance Aerator Tractor 91408 (1296 : Parks Maintenance Dump Truck Replacement)
Attachment 1
compaction or stones.
Central Depth Adjustment One central lever to adjust depth.
Tine Angle Adjustment
One central lever to adjust angle
of entry.
Rollers
Front and rear rollers with
scrapers.
Safety Guards Integrated in machine
Spare Tines (Include 4 sets) ¾” x 8” Core, Carbide Tip
Warranty 24 Months
The undersigned declares that she or he has carefully examined the specifications, which is hereby made
a part of this bid; is thoroughly familiar with its contents; is authorized to represent the proposing firm;
and agrees to perform the specified work for the following cost quoted in full:
Description Quantity Unit Price Total
Aerator Tractor Attachment 1
TOTAL BASE PRICE
Spare Tines x 4 sets (See specifications)
Sales tax @ 8.0%
All Other Fees (provide detail below)
TOTAL $
Delivery of equipment to the City to be within 90 calendar days after bid award and written authorization
to proceed.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
9.a
Packet Pg. 217 Attachment: a - IFB Parks Maintenance Aerator Tractor 91408 (1296 : Parks Maintenance Dump Truck Replacement)
Attachment 1
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The bidder shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or f or any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty
of perjury of the laws of the State of California, that the f oregoing is true and correct.
______________________________________
Signature of Authorized Bidder Representative
9.a
Packet Pg. 218 Attachment: a - IFB Parks Maintenance Aerator Tractor 91408 (1296 : Parks Maintenance Dump Truck Replacement)
9.b
Packet Pg. 219 Attachment: b - Big Tex 10LX-12 Dump Trailer Specs & Pic (1296 : Parks Maintenance Dump Truck Replacement)
9.b
Packet Pg. 220 Attachment: b - Big Tex 10LX-12 Dump Trailer Specs & Pic (1296 : Parks Maintenance Dump Truck Replacement)
Page intentionally left
blank.
Meeting Date: 4/19/2016
FROM: Garret Olson, Fire Chief
Daryl Grigsby, Public Works Director
Prepared By: Jeremy Schmidt, Fire Mechanic
Julie Cox, Administrative Analyst
Ryan Betz, Administrative Analyst
Isaac Shuck, Fleet Supervisor
Tim Bochum, Public Works Deputy Director
SUBJECT: FLEET REPLACEMENT ACCELERATION
RECOMMENDATION
1. Approve acceleration of three vehicle replacements from FY 2016-17 to FY 2015-16 due
to the extended period of time between order and receipt; and
2. Approve the lease purchase of one 2016 Pierce Arrow XT PUC 75’ Quint Aerial Fire
Apparatus in the amount of $894,650; and
3. Approve the lease purchase of one 2016 International/Tymco Street Sweeper Truck in the
amount of $246,817.60; and
4. Authorize the City Manager, Finance Director and City Attorney to execute all related
documents on behalf of the city to execute a five year agreement with PNC Equipment
Finance to accomplish these two lease purchases (Attachment G); and
5. Authorize the Finance Director to execute the purchase orders in the amounts noted and
associated with the fleet replacements described in Attachment A; and
6. Approve revenue appropriation of $36,096 from the Fleet Sale of Surplus Property fund
and expenditures of $36,096 for Command Vehicle CIP ($16,247) and Ambulance/Squad
CIP ($19,849) for new equipment requirements for Ambulance/Squad and Command
Vehicle; and
7. Authorize the surplus designation of Fleet Asset No. 9403, a 1991 Pierce 75’ Quint, Fleet
asset 0021, a 2000 Chevrolet Tahoe, and Fleet Asset No. 0317, a 1998 Ford E350
Ambulance, Fleet Asset No. 0206 2001 Freightliner/Tymco Sweeper Truck by sale,
auction, trade-in or other method in accordance with the City’s policies and procedures as
prescribed in the Financial Management Manual Section 405-L and 480.
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Packet Pg. 221
REPORT-IN-BRIEF
Three specialized vehicles are rapidly approaching end of useful life. As a result of the extended
time required to procure such specialized vehicles, staff recommend the accelerated replacement
of the following: Fire Aerial Quintuple (“Quint”) Apparatus, Fire Command Vehicle and Public
Works Street Sweeper. A Quint combination pumper-aerial serves a dual purpose, both as a fire
pumper and an aerial apparatus. By definition, this includes an aerial ladder greater than 50 feet,
minimum water tank of 300 gallons, fire pump capable of 750 gallons per minute, and ability to
incorporate specific inventories of ancillary equipment including hose and ground ladders.
These three vehicles were each approved for replacement FY 2016-17. Additionally, the Fire
Squad/Ambulance was approved for replacement in FY 2015-16. New ambulance crash
standards, however, require a more expensive gurney system and an increased cost of $19,849.
The Fire Command vehicle requires a more expensive radio system because the old system is no
longer available. The new system increases by cost by $16,247. Staff is proposing the use of
Fleet Sale of Surplus Property revenue from FY 2015 -16 to pay for the additional costs
associated with these vehicle acquisitions.
This item was removed from the March 15, 2016 agenda so that staff could analyze financing
documents provided by the lender that were delivered that day. This review has occurred and
staff is now recommending approval of the item.
DISCUSSION
Background
The build time for these vehicles ranges from approximately six to twelve months due to their
complexity. Given this long build time and the condition of the current fleet, staff is requesting
this replacement acceleration to ensure continuity of service and decreased maintenance
expenses to keep aged apparatus in service. Emergency vehicles are a vital part of the service
delivery for the San Luis Obispo City Fire Department. The Fire Department responds to over
5,000 emergency service calls annually. A Fire Apparatus Quint, Squad Ambulance and
Command Vehicle, were all approved to be replaced as part of the 2015-17 Financial Plan in
Fiscal Year 2016-17. Fire and Fleet operations developed a Fire Quint Apparatus, Squad and
Command Vehicle specification committee that took into account the unique features of our
community and identified the overall best fit for City’s fire vehicles. The new Fire Quint
Apparatus will replace a 23 year-old unit and the Squad will replace City an 18 year-old unit.
The Command vehicle will replace a 16 year-old unit. The new vehicles will provide a higher
level of service while reducing costs and staff time for maintenance. The new Quint will also
meet highest emission standards.
The replacement of the 2001 Freightliner/Tymco Street Sweeper Truck, used daily by the Streets
Maintenance staff, was approved as part of the 2015-17 Financial Plan in Fiscal Year 2016-17,
this vehicle is now fourteen years old and is well beyond its useful life replacement target of
eight years for sweeper vehicles. This truck is used primarily for critical City streets sweeping
maintenance and paving operations cleanup. Additionally, it is used to assist the Police
Department with vehicle accident cleanup, cleaning the City Corporation Yard’s wash bay area,
10
Packet Pg. 222
and assisting the Utilities Department in cleanup after water main breaks and/or storm drain
cleaning. Similar to the fire apparatus discussed above, the sweeper lead time for vehicle
production is six to twelve months. Ordering the vehicle now allows for delivery in the fiscal
year that is planned for in the Financial Plan.
Fire Apparatus Quint – Sole Source Purchase Recommended
Following extensive analysis, Staff is seeking the authorization to purchase a 2016 Pierce 75’
Quint Aerial PUC Pumper. Pierce Fire apparatus has been a dependable platform for emergency
response in the City for more than a quarter century.
Why a Sole Source Purchase of the Quint is Recommended
Staff recommends a sole source purchase award to South Coast Fire Equipment in the amount of
$894,650.29 for the purchase of a 2016 Pierce Arrow XT Quint 75 Foot Aerial PUC Fire
Pumper. (Attachment B) City purchasing guidelines allow for sole source when supplies or
equipment have been uniformly adopted in use by the City or otherwise standardized. The Pierce
Fire Quint Aerial Pumper has been the standard aerial apparatus for the City of San Luis Obispo
for the last quarter century. While there are other vendors that could provide aerial apparatus,
staff is recommending Pierce due to a variety of issues, including; equipment standardization and
familiarity by both the fire engineer and the fire mechanic, production time reduction resulting
from working experience the City has established with Pierce’s manufacturing staff, and the
benefits of utilizing local vehicle vendors like California-based South Coast Fire Equipment.
South Coast Fire Equipment is providing the purchasing quote for aerial apparatus at the base
price reflective of a nationally utilized cooperative purchasing agreement. Used as a pricing
standard throughout the fire service, this master contract is commonly known as the HGAC, or
Houston Galveston Area Council cooperative purchasing agreement. While the City is not
purchasing through the HGAC, the City’s price for this apparatus is the same of this cooperative
purchasing agreement.
The Fire Department has a significant equipment and training investment with maintaining
Pierce manufactured apparatus. Fire Fleet already has an inventory of spare parts, filters and
maintenance items specific to the Pierce fire aerial apparatus platform. This inventory would be
costly to retrofit to accommodate another make of engine. Additionally, the Fire Department Fire
Vehicle Mechanic is specially trained and equipped to provide maintenance to Pierce
manufactured fire apparatus. All current front-line heavy duty fire apparatus is manufactured by
Pierce. Continuing with Pierce heavy duty apparatus maximizes the training and specialty tools
already provided to staff, thus controlling costs. Finally, the cost for the Pierce Aerial Apparatus
is comparable to that of other vendors.
Squad Rescue Ambulance - Cooperative Purchasing
The City’s Financial Management Manual, Section 405-I page 14, recommends fleet purchases
using either a State cooperative purchasing contract or “piggyback” agreements with local
agencies.
All Fleet purchases such as Police patrol vehicles, general purpose fire trucks, sedans
station wagons, passenger vans, light to heavy trucks, utility vehicles, and construction
10
Packet Pg. 223
equipment should generally be acquired new through State of California Multiple Award
Schedule (CMAS) contracts. Specialized units not generally available through CMA
should generally be acquired new through “piggyback” purchases, where other local
agencies have conducted competitive procurements and made those contracts available
to the City.
CMAS contracts that leverage prices by other agencies provide substantial cash discounts for the
City when making these procurements as well as expedite the purchasing process. Having the
capability to make a purchase through an established purchasing agreement, as opposed to an
independent purchase, will provide the City additional savings to be utilized to purchase
additional replacement equipment. Staff conducted bids from the National Joint Purchasing
Alliance (NJPA), the HGACBuy Cooperative Purchasing Program (HGACBuy Contract No.
SW04-14 and local vendors Perry Ford and Alfano Motors per City’s Financial Management
Manual Section 405-I, page 14 line 3. This policy states:
3. Contact any local dealers that might have been potential bidders to ensure that the
cooperative contract price is a good value and prudent alternative to advertising for
bids.
a. Use local dealer within the city limits if they can provide the same brand, model and
configuration of item(s) identified in cooperative purchase agreement(s) at or below
the cooperative purchasing net cost within the same terms and conditions.
Per the City’s purchasing policy, staff is seeking Council approval to purchase one Squad Rescue
Ambulance for $199,849. Staff has concluded that the 2016 Ford F550 4WD with Leader
Industries ambulance package would make the best fit for the Fire Department’s Squad Rescue
Ambulance needs (Attachment C). The vehicle will be outfitted through Leader Ambulance, a
well-known and well reputed fire equipment builder and repair facility located in Southern
California. The price quote benefits from the cost competitive bid process obtained by the City of
Downieville Fire Department. The chassis for the vehicle will be purchased through Perry Ford,
a local vendor, and transported to Leader for production.
Squad Chassis
Perry Ford was the lowest bid for the Squad Chassis. Staff recommends approval of using Perry
Ford for this purchase. (Attachment E)
Command Vehicle
Per the City’s purchasing policy, staff is seeking Council approval to purchase one new Fire
Battalion Chief (BC) Command vehicle currently budgeted and approved for replacement as part
of the 2015-17 Financial Plan in Fiscal Year 2016-17. Staff has concluded after an extensive
analysis that the 2016 Chevrolet Suburban 4WD 4-door, 1500 series would make the best fit for
the Fire Departments’ command vehicle requirements. Pursuant to City purchasing guidelines,
staff explored the use of a multi-year cooperative purchasing agreement with the National Joint
Powers Alliance (NJPA), contract #102811 (expires 1/17/17), to purchase one Chevrolet
Suburban 4WD 4-door. This resulted in a quote totaling $49,456.04 through its approved
Chevrolet dealer, National Auto Fleet Group. Per City purchasing guidelines, staff contacted the
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Packet Pg. 224
local dealer, Alfano Motors of San Luis Obispo, for comparative pricing and received a quote
totaling $46,961.75. Alfano Motors was the lowest bid for the Command Vehicle Chassis. Staff
recommends approval of using Alfano Motors for this purchase. (Attachment D) An additional
$16,247 is also requested as the radio in the replacement Command Vehicle is no longer
available and a new model radio kit ($16,247) for the vehicle is required.
Sweeper Truck
Pursuant to City purchasing guidelines, staff explored use of a multi -year cooperative purchasing
agreement with HGACBuy Contract No. SW04-14, effective through April 30, 2016, to purchase
a sweeper truck that met City specifications. This resulted in a quote totaling $246,817.80
through its approved dealer, Tymco Inc. Per City purchasing guidelines, staff searched for a local
dealer for comparison pricing and found no local sweeper truck dealers. (Attachment F)
FISCAL IMPACT
Lease Purchase
The City has strategically used lease options as ways to reduce significant variations in the costs
of replacing vehicles or other specialty equipment. Due to the high cost of the fire engine and
sweeper, staff proposed and Council approved debt financing of these two vehicles in the 2015-
17 Financial Plan to stabilize the annual costs needed to be paid from the Fleet Fund. Staff is
seeking the authorization to execute a lease purchase agreement with PNC Equipment Finance
(Attachment G), - for the acquisition of the new Fire Apparatus Quint and the Tymco Street
Sweeper. These purchases are budgeted and approved for replacement as part of the 2016-17
Financial Plan. In the 2015-17 Financial Plan, pages G7 and G10 provide estimates of the
estimated debt financing to acquire these vehicles. The proposed annual lease payments are
within the budgeted amounts in the financial plan and the proposed financing was reviewed by
PFM, the City’s independent financial advisor.
Funding for the replacement apparatus listed in the table below was approved in the 2015-17
Financial Plan. Since the approval of the 2015-17 Financial Plan, new standard equipment
requirements have occurred such as gurney and radio kit for the Ambulance Van Package and
the Command Vehicle. The ambulance budget expected that the current patient gurney could be
reused with the new vehicle.
The existing gurney for the Ambulance does not meet the triple K Ambulance Crash Standards
and requires purchase of a new gurney $16,169 plus $3,680 for increased cost for required
equipment, totaling $19,849. The radio in the replacement Command Vehicle is no longer
available and a new model radio kit ($16,247) for the vehicle is required. (Attachment H) The
current budgets for these vehicles are not sufficient to cover these additional costs. Staff
recommends approval of $36,096 from Fleet Sale of Surplus Property revenue fund to cover the
additional costs.
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Packet Pg. 225
Department
Adopted
Budget Fiscal Year
New
Equipment
Requirements Total Cost
Fire
Ambulance Package Van 180,000 15-16 19,849 199,849
Aerial Fleet Apparatus 900,000 16-17 n/a 900,000
Command Vehicle
(Emergency Response
SUV) 99,400 16-17 16,247 115,647
Public Works
HD Truck Sweeper Unit 266,600 16-17 n/a 266,600
Lease Purchase Terms
Staff has worked with private lenders and the City’s Financial Advisor to review financing offers
from various entities. Staff is recommending that we enter into a lease agreement with PNC
Equipment Finance, LLC to provide financing of the vehicles. PNC’s terms were the same or
better than other lenders and final annual interest rate for the lease is set at 1.70%.
The following table reflects the annual payments for the lease agreement. The Financial Plan
Debt Services estimates anticipated up to 4% for the APR for this lease and because the City
negotiated a substantially less interest rate, the financial plan covers the proposed debt services
costs with savings available to cover other vehicles purchases.
PNC Equipment Financial
Amount Borrowed: $1,141,468.09
Annual Payments: (1) $240,067.42
(2) $240,067.42
(3) $240,067.42
(4) $240,067.42
(5) $240,067.42
Total Amount Paid: $1,200,337.10
Annual Interest Rate: 1.70%
The adopted Financial Plan anticipated that a partial payment for this lease would be necessary
in FY 2016-17. The first payment for the lease will be $240,067.42 and due on April 28, 2017 or
later if the leased equipment is not delivered to the City. The change to the payment plan in the
Debt Service Fund will be updated as part of the 2016-17 Budget Supplement.
ALTERNATIVES
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Packet Pg. 226
Deny Funding Transfer and Purchase. The City Council could choose to deny or defer the
Quint 75’ Aerial Fire Apparatus, Command and Squad Rescue and Street Sweeper vehicles.
Staff does not recommend this option as the replacements were approved as part of the 2015-17
Financial Plan. The vehicles above have met its useful target life in both years and mileage.
Denying or deferring the purchase could result in costly maintenance and repairs due to aging
vehicles.
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Packet Pg. 227
Attachment A Purchase Orders
Authorize the Finance and Information Technology Director to execute the purchase orders listed
below:
1. a purchase order to South Coast Fire Equipment in the amount of $894,650.29 for the
purchase of one new 2016 Pierce Arrow XT PUC 75’ Quint Aerial Fire Apparatus and
2. a purchase order to International/Tymco in the amount of $246,817.80 for the purchase of
one new 2016 Sweeper Truck and
3. a purchase order to Alfano Motors in the amount of $46,961.75 for the purchase of one
new 2016 Chevrolet Suburban 1500 Command Vehicle Chassis and
4. a purchase order to Perry Ford in the amount of $55,118.88 for the purchase of one new
2016 Ford F550 Ambulance Chassis and
5. a purchase order to Leader Emergency Vehicles in the amount of $144,730.09 for the
purchase build of one new Ambulance/Squad and
6. a purchase order to Motorola Solutions in the amount of $16,247.52 for the purchase of a
radio kit for the Command Vehicle Chassis
10.a
Packet Pg. 228 Attachment: a - List of Purchase Orders (1300 : Fleet Replacement Acceleration)
10.b
Packet Pg. 229 Attachment: b - Purchase quote from South Coast Fire Equipment, Quint Fire Apparatus (1300 : Fleet
10.b
Packet Pg. 230 Attachment: b - Purchase quote from South Coast Fire Equipment, Quint Fire Apparatus (1300 : Fleet
10941 Weaver Avenue
South El Monte, CA 91733
Kevin Oberthier, Factory Direct Sales
Mobile: (559) 761-9382
Fax: (559) 276-3235
2-Feb-2016
TERMS SHIP VIA
COD Ground
QUANTITY EACH EXTENDED AMOUNT
1 $133,998.00 133,998.00$
Sub-Total 133,998.00$ 133,998.00$
1 Sales Tax 8.00%10,719.84$ 10,719.84$
7 CA Tire Fee $1.75 (Per Tire)12.25$ 12.25$
1 DMV Fee's
TOTAL QUOTED AMOUNT 144,730.09$ 144,730.09$
Customer Approval:Payment: (Please check one)
Leasing
Company Check
Wire Transfer
Quotation is valid for 60 days
Stryker power cot, Electric Modular door locks,
Features. "E" Start, Unlock Switch, Tinted Windows, Cot Stop.
Safety Net, Console, LED Lighting, Zico Bottle Holder.Pre-set Reg,
Chassis Will be Provided by SLOFD.
FOB
South El Monte, CA
QUOTATION
Signature
San Luis Obispo F.D.
2160 Santa Barbara Ave
San Luis Obispo , CA. 93401
THANK YOU FOR YOUR BUSINESS
Pricing
Date
Delivery 120-140 Days after receipt of chassis
DESCRIPTION
Purchaser agrees to defend, indemnify and hold Halcore Group Inc., dba Leader Industries, harmless from any claims, costs (including actual
attorney's fees), damages and liabilities caused in whole or impart by any alteration or modification of, or change
TERMS: All Vehicle Sales Are C.O.D. Titles to be Processed Upon Receipt of Payment in Full.
2016 Ford F-550 Type-1 4x4 Leader Conversion
Inverter / Charger, "H" Tank set-up, Hidden Door Switch,
Liquid Spring system, Paint Ford Red, Rear Chevrons, lettering
10.c
Packet Pg. 231 Attachment: c - Purchase quote from Leader Industries, Squad Build (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 232 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 233 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 234 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 235 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 236 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 237 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 238 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.d
Packet Pg. 239 Attachment: d - Purchase quote from Alfano Motors, Command Vehicle Chassis (1300 : Fleet Replacement Acceleration)
10.e
Packet Pg. 240 Attachment: e - Purchase quote Perry Ford, Squad Chassis (1300 : Fleet Replacement Acceleration)
10.f
Packet Pg. 241 Attachment: f - Purchase quote TYMCO Street Sweeper (1300 : Fleet Replacement Acceleration)
Tax Exempt Lease Purchase **updated**
SALES ORGANIZATION: South Coast Fire - Jon Contact information:
LESSEE: City San Luis Obispo Monday, March 28, 2016
TYPE OF EQUIPMENT: Pierce 75' Arrow XT Kim Simon
EQUIPMENT COST:
$894,650.29 including discounts and
sales tax plus street sweeper
$246,817.60
Locator: B3-B230-05-07
CUSTOMER DOWNPAYMENT: $0.00 155 East Broad St
TRADE-IN: $0.00 Columbus, OH 43215
DELIVERY TIME: Std delivery P: (800) 820-9041, ext. 1
PAYMENT MODE: Annual In Arrears M: (614)-670-3994
FIRST PAYMENT DUE DATE: 1 Year After Lease Commencement Fax:(800)-678-0602
LEASE COMMENCEMENT DATE: Upon contract signing with Pierce Kim.simon@pnc.com
Term 5 years
Number of Payments 5 annual
Payment Amount $240,067.42
Interest rate 1.70%
NOTE: All lease documents must be fully executed within 14 days of the date of this proposal. Failure to receive completed documents may alter the final payment schedule due to
changes in rates and/or discounts. There will be a $250 fee if an escrow option is necessary.
PERFORMANCE BOND: To utilize the prepay program, a performance bond is required. Said performance bond shall be paid for directly to Pierce manufacturing or financed by PNC
Equipment Finance as part of the transaction
TYPE OF FINANCING: Tax-exempt Lease Purchase Agreement with a $1.00 buy out option at end of lease term. Said agreement shall be a net lease arrangement whereby lessee is
responsible for all costs of operation, maintenance, insurance, and taxes.
BANK QUALIFICATION: This proposal assumes that the lessee will not be issuing more than $10 million in tax-exempt debt this calendar year. Furthermore, it is assumed that the lessee
will designate this issue as a qualified tax-exempt obligation per the tax act of 1986.
LEGAL TITLE: Legal title to the equipment during the lease term shall vest in the lessee, with PNC Equipment Finance perfecting a first security interest
AUTHORIZED SIGNORS: The lessee's governing board shall provide PNC Equipment Finance with its resolution or ordinance authorizing this agreement and shall designate the
individual(s) to execute all necessary documents used therein.
LEGAL OPINION: The lessee's counsel shall furnish PNC Equipment Finance with an opinion covering this transaction and the documents used herein. This opinion shall be in a form and
substance satisfactory to PNC Equipment Finance.
VOLUNTEER FIRE DEPARTMENTS: If Lessee is a Volunteer Fire Department, a public hearing under the requirements of Section 147(f) of the Internal Revenue Code of 1986 shall be
conducted to authorize this transaction. It is recommended that a notice of the public hearing be published 10 to 14 days in advance of the public hearing.
This proposal will be valid for April 28, 2016 from the above date and is subject to final credit approval by PNC Equipment Finance and approval of the lease documents in PNC Equipment
Finance's sole discretion. To render a credit decision, lessee shall provide PNC Equipment Finance with their most recent two years' audited financial statements, copy of their most
recent interim financial statement, and current budget.
Accepted by:____________________________________ Proposal submitted by_____________________
10.g
Packet Pg. 242 Attachment: g - Tax Exempt Lease Purchase(Update) PNC Equipment Finance for fire truck and street
Quote Number:QU0000349962
Effective:02 FEB 2016
Effective To:27 MAY 2016
Bill-To:Ultimate Destination:
SAN LUIS OBISPO FIRE DEPARTMENT SAN LUIS OBISPO FIRE DEPARTMENT
2160 2160
SANTA BARBARA STREET SANTA BARBARA STREET
SAN LUIS OBISPO, CA 93401 SAN LUIS OBISPO, CA 93401
United States United States
Attention:Sales Contact:
Name:Jeremy Schmidt Name:Tammie Massirer
Email:jschmidt@slocity.org Email:Tammie.Massirer@motorolasolutions.com
Phone:805-781-7375 Phone:19166260493
Contract Number:LA COUNTY (CA)
Freight terms:FOB Destination
Payment terms:Net 30 Due
Item Quantity Nomenclature Description List price Your price Extended Price
1 3 M25KSS9PW1AN APX6500 VHF MID POWER $2,194.00 $1,645.50 $4,936.50
1a 3 G806BE ADD: ASTRO DIGITAL CAI
OPERATION
$515.00 $386.25 $1,158.75
1b 3 G442AJ ADD: O5 CONTROL HEAD $432.00 $324.00 $972.00
1c 3 G67BC ADD: REMOTE MOUNT MID POWER $297.00 $222.75 $668.25
1d 3 G398AU ENH: 3 YEAR REPAIR SERVICE
ADVANTAGE
$182.00 $182.00 $546.00
1e 3 GA00179AB ADD: NO REMOTE CABLE NEEDED ---
1f 6 W22BA ADD: PALM MICROPHONE $72.00 $54.00 $324.00
1g 3 G444AE ADD: APX CONTROL HEAD
SOFTWARE
---
1h 3 G89AC ADD: NO RF ANTENNA NEEDED ---
1i 6 G831AD ADD: SPKR 15W WATER RESISTANT $60.00 $45.00 $270.00
1j 3 G48BD ENH: CONVENTIONAL OPERATION
APX6500
$500.00 $375.00 $1,125.00
1k 3 GA00092AC ADD: DUAL-CONTRL HD HARDWARE $570.00 $427.50 $1,282.50
2 1 M25SSS9PW1AN APX6500 UHF R2 MID POWER $2,194.00 $1,645.50 $1,645.50
2a 1 G806BE ADD: ASTRO DIGITAL CAI
OPERATION
$515.00 $386.25 $386.25
2b 1 G442AJ ADD: O5 CONTROL HEAD $432.00 $324.00 $324.00
2c 1 G67BC ADD: REMOTE MOUNT MID POWER $297.00 $222.75 $222.75
2d 1 G398AU ENH: 3 YEAR REPAIR SERVICE
ADVANTAGE
$182.00 $182.00 $182.00
2e 1 GA00179AB ADD: NO REMOTE CABLE NEEDED ---
2f 2 W22BA ADD: PALM MICROPHONE $72.00 $54.00 $108.00
2g 1 G444AE ADD: APX CONTROL HEAD
SOFTWARE
---
2h 1 G89AC ADD: NO RF ANTENNA NEEDED ---
2i 2 G831AD ADD: SPKR 15W WATER RESISTANT $60.00 $45.00 $90.00
2j 1 G48BD ENH: CONVENTIONAL OPERATION
APX6500
$500.00 $375.00 $375.00
2k 1 GA00092AC ADD: DUAL-CONTRL HD HARDWARE $570.00 $427.50 $427.50
Estimated Tax Amount $1,203.52
Total Quote in USD $16,247.52
10.h
Packet Pg. 243 Attachment: h - Purchase quote Motorola Radio, Command Vehicle (1300 : Fleet Replacement Acceleration)
This pricing utilizes LA Contract Master Purchase Agreement MA-IS-1240419-2
PO Issued to Motorola Solutions Inc. must:
>Be a valid Purchase Order (PO)/Contract/Notice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted
>Have a PO Number/Contract Number & Date
>Identify "Motorola Solutions Inc." as the Vendor
>Have Payment Terms or Contract Number
>Be issued in the Legal Entity's Name
>Include a Bill-To Address with a Contact Name and Phone Number
>Include a Ship-To Address with a Contact Name and Phone Number
>Include an Ultimate Address (only if different than the Ship-To)
>Be Greater than or Equal to the Value of the Order
>Be in a Non-Editable Format
>Identify Tax Exemption Status (where applicable)
>Include a Signature (as Required)
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Master Lease-Purchase Agreement
Between
CITY OF SAN LUIS OBISPO AND PNC EQUIPMENT FINANCE, LLC
DOCUMENT INDEX
Master Lease-Purchase Agreement – Sign and provide title on the last page
Lease Schedule with Schedule A-1 – Sign and title
Vehicle Schedule Addendum –Sign and title
Escrow Agreement
o Exhibit 1 – General Investment Direction Letter
o Exhibit 2 – Escrow Agent Fees and Expenses
o Exhibit 3 – Requisition Request and Certificate of Acceptance
o Money Market Escrow Investment Letter- Please sign or contact Scott Miller at 614-849-
3402 with U.S Bank to select a different investment that meets your requirements.
Incumbency Certificate and Resolution– List your authorized signor(s) and title(s); have secretary
or appropriate trustee attest to the information and signature(s) provided by signing and printing
his/her name, title and date. The person who validates the signatures should not sign the
lease documents. The resolution must reflect the title(s) of the individual(s) who have
authorization to sign the documents.
Opinion of Counsel Letter – Enclosed is a template. Please ask your attorney to prepare on
his/her letterhead, and include all of the items in the template.
Title - The terms of your contract specify that the Lender be listed as the lienholder and hold the
original title during the term of the lease. In addition, we will need a copy of the front and back of
the MSO listing Oshkosh Capital, 995 Dalton Ave, Cincinnati, OH 45203 as first lien holder.
Insurance Request Form – Fill in your insurer’s information and sign. Please contact your
insurer, prior to delivery, to obtain a certificate of insurance. Please enclose the certificate with
the signed documentation or have the insurer fax the certificate directly to me.
Three Party Agreement – Sign and title.
Delivery & Acceptance Certificate – At point of delivery, fill out this form and fax it to me.
Please return the original via US Postal Service.
IRS FORM 8038-G – Sign, date, and title
Invoice for escrow payment – please send your check in the amount of $250.00, made
payable to PNC Equipment Finance, LLC.
Minutes of Governing Body (approving the purchase & finance of equipment) – Please return a
copy with the documents.
Sales Contract or Purchase Order - please provide a copy of the Sales Contract enter into
with Pierce Manufacturing or a copy of the Purchase Order issued to Pierce Manufacturing
Inc.
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MASTER LEASE – PURCHASE AGREEMENT
Dated as of April 28, 2016
This Master Lease-Purchase Agreement together with all addenda, riders and attachments
hereto, as the same may from time to time be amended, modified or supplemented (“Master Lease”) is
made and entered by and between PNC Equipment Finance, LLC (“Lessor”) and the Lessee identified
below (“Lessee”).
LESSEE: City of San Luis Obispo
1. LEASE OF EQUIPMENT. Subject to the terms and conditions of this Master Lease, Lessor agrees to
lease to Lessee, and Lessee agrees to lease from Lessor, all Equipment described in each Schedule
signed from time to time by Lessee and Lessor.
2. CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicable to both the singular
and plural form of such terms. (a) “Schedule” means each Lease Schedule signed and delivered by
Lessee and Lessor, together with all addenda, riders, attachments, certificates and exhibits thereto, as
the same may from time to time be amended, modified or supplemented. Lessee and Lessor agree that
each Schedule (except as expressly provided in said Schedule) incorporates by reference all of the terms
and conditions of the Master Lease. (b) “Lease” means each Schedule and this Master Lease as
incorporated into said Schedule. (c) “Equipment” means the property described in each Schedule,
together with all attachments, additions, accessions, parts, repairs, improvements, replacements and
substitutions thereto. (d) “Lien” means any security interest, lien, mortgage, pledge, encumbrance,
judgment, execution, attachment, warrant, writ, levy, other judicial process or claim of any nature
whatsoever by or of any person.
3. LEASE TERM. The term of the lease of the Equipment described in each Lease (“Lease Term”)
commences on the first date any of such Equipment is accepted by Lessee pursuant to Section 5 hereof
and, unless earlier terminated as expressly provided in the Lease, continues until Lessee’s payment and
performance in full of all of Lessee’s obligations under the Lease.
4. RENT PAYMENTS.
4.1 For each Lease, Lessee agrees to pay to Lessor the rent payments in the amounts and at the
times as set forth in the Schedule A-1 attached to the Schedule (“Rent Payments”). A portion of each
Rent Payment is paid as and represents the payment of interest as set forth in the Schedule A-1. Rent
Payments will be payable for the Lease Term in U.S. dollars, without notice or demand at the office of
Lessor (or such other place as Lessor may designate from time to time in writing).
4.2 If Lessor receives any payment from Lessee after the due date, Lessee shall pay Lessor on
demand as a late charge five per cent (5%) of such overdue amount, limited, however, to the maximum
amount allowed by law.
4.3 EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6 HEREOF OR IN ANY WRITTEN
MODIFICATION TO THE LEASE SIGNED BY LESSOR, THE OBLIGATION TO PAY RENT PAYMENTS
UNDER EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND SHALL
NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT
FOR ANY REASON WHATSOEVER.
5. DELIVERY; ACCEPTANCE; FUNDING CONDITIONS.
5.1 Lessee shall arrange for the transportation, delivery and installation of all Equipment to the
location specified in the Schedule (“Location”) by Equipment suppliers (“Suppliers”) selected by Lessee.
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Lessee shall pay all costs related thereto unless Lessor otherwise agrees to pay such costs as stated in
the Schedule.
5.2 Lessee shall accept Equipment as soon as it has been delivered and is operational. Lessee
shall evidence its acceptance of any Equipment by signing and delivering to Lessor the applicable
Schedule. If Lessee signs and delivers a Schedule and if all Funding Conditions have been satisfied in
full, then Lessor will pay or cause to be paid the costs of such Equipment as stated in the Schedule
(“Purchase Price”) to the applicable Supplier.
5.3 Lessor shall have no obligation to pay any Purchase Price unless all reasonable conditions
established by Lessor (“Funding Conditions”) have been satisfied, including, without limitation, the
following: (a) Lessee has signed and delivered the Schedule and its Schedule A-1; (b) no Event of Default
shall have occurred and be continuing; (c) no material adverse change shall have occurred in the Internal
Revenue Code of 1986, as amended, and the related regulations and rulings thereunder (collectively, the
“Code”); (d) no material adverse change shall have occurred in the financial condition of Lessee or any
Supplier; (e) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (except
Lessor’s Liens); (f) all representations of Lessee in the Lease remain true, accurate and complete; and (g)
Lessor has received all of the following documents, which shall be reasonably satisfactory, in form and
substance, to Lessor: (1) evidence of insurance coverage required by the Lease, (2) an opinion of
Lessee’s counsel; (3) reasonably detailed invoices for the Equipment; (4) Uniform Commercial Code
(UCC) financing statements; (5) copies of resolutions by Lessee’s governing body, duly authorizing the
Lease and incumbency certificates for the person(s) who will sign the Lease; (6) such documents and
certificates relating to the tax-exempt interest payable under the Lease (including, without limitation, IRS
Form 8038G or 8038GC) as Lessor may request; and (7) such other documents and information
previously identified by Lessor or otherwise reasonably requested by Lessor.
6. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS.
6.1 For each Lease, Lessee represents and warrants: that it has appropriated and budgeted
the necessary funds to make all Rent Payments required pursuant to such Lease for the remainder of the
fiscal year in which the Lease Term commences; and that it intends to make Rent Payments for the full
Lease Term as scheduled on the applicable Schedule A-1 so long as funds are appropriated in each
fiscal year by its governing body. Lessee reasonably believes that moneys in an amount sufficient to
make all Rent Payments can and will lawfully be appropriated and made available therefor. All Rent
Payments shall be payable out of the general funds of Lessee or out of other funds legally available
therefor. Lessor agrees that the Leases will not be general obligations of Lessee and that the Leases
shall not constitute pledges of either the full faith and credit of Lessee or the taxing power of Lessee.
6.2 If Lessee’s governing body fails to appropriate sufficient funds in any fiscal year for Rent
Payments or other payments due under a Lease and if other funds are not available for such payments,
then a “Non-Appropriation Event” shall be deemed to have occurred. If a Non-Appropriation Event
occurs, then: (a) Lessee shall give Lessor immediate notice of such Non-Appropriation Event and provide
written evidence of such failure by Lessee’s governing body; (b) on the Return Date, Lessee shall return
to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee’s sole
expense, in accordance with Section 21 hereof; and (c) the affected Lease shall terminate on the Return
Date without penalty or expense to Lessee, provided, that Lessee shall pay all Rent Payments and other
amounts payable under the affected Lease for which funds shall have been appropriated or are otherwise
available, provided further, that Lessee shall pay month-to-month rent at the rate set forth in the affected
Lease for each month or part thereof that Lessee fails to return the Equipment under this Section 6.2.
“Return Date” means the last day of the fiscal year for which appropriations were made for the Rent
Payments due under a Lease.
7. NO WARRANTY BY LESSOR. The Equipment is sold “AS IS”. LESSEE ACKNOWLEDGES
THAT LESSOR DID NOT MANUFACTURE THE EQUIPMENT. LESSOR DOES NOT REPRESENT
THE MANUFACTURER, OWNER, OR DEALER, AND LESSEE SELECTED THE EQUIPMENT BASED
UPON LESSEE’S OWN JUDGMENT. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR OTHERWISE OR AS TO THE EQUIPMENT’S VALUE, DESIGN, CONDITION, USE, CAPACITY OR
DURABILITY. LESSEE AGREES THAT REGARDLESS OF CAUSE, LESSOR IS NOT RESPONSIBLE
FOR, AND LESSEE WILL NOT MAKE ANY CLAIM AGAINST LESSOR FOR, ANY DAMAGES,
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WHETHER CONSEQUENTIAL, DIRECT, SPECIAL OR INDIRECT INCURRED BY LESSEE IN
CONNECTION WITH THE EQUIPMENT OR THIS MASTER LEASE – LEASE PURCHASE
AGREEMENT. NEITHER THE M ANUFACTURER, THE DEALER, NOR ANY SALESPERSON,
EMPLOYEE OR AGENT OF THE DEALER OR MANUFACTURER, IS LESSOR’S AGENT OR HAS
ANY AUTHORITY TO SPEAK FOR LESSOR OR TO BIND LESSOR IN ANY WAY. For and during the
Lease Term, Lessor hereby assigns to Lessee any manufacturer’s or Supplier’s product warranties,
express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary
services furnished in connection with such warranties at Lessee’s sole expense. Lessee agrees that (a)
all Equipment will have been purchased by Lessor in accordance with Lessee’s specifications from
Suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no
liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to
any manufacturer’s or Supplier’s product warranties or guaranties, (d) no manufacturer or Supplier or any
representative of said parties is an agent of Lessor, and (e) any warranty, representation, guaranty or
agreement made by any manufacturer or Supplier or any representative of said parties shall not be
binding upon Lessor.
8. TITLE; SECURITY INTEREST.
8.1 Upon Lessee’s acceptance of any Equipment under its Lease, title to the Equipment shall
vest in Lessee, subject to Lessor’s security interest therein and all of Lessor’s other rights under such
Lease including, without limitation, Sections 6, 20 and 21 hereof.
8.2 As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first
priority security interest in any and all of the Equipment (now existing or hereafter acquired) and any and
all proceeds thereof. Lessee agrees to execute and deliver to Lessor all necessary documents to
evidence and perfect such security interest, including, without limitation, Uniform Commercial Code
(UCC) financing statements and any amendments thereto.
8.3 “Secured Obligations” means Lessee’s obligations to pay all Rent Payments and all other
amounts due and payable under all present and future Leases and to perform and observe all covenants,
agreements and conditions (direct or indirect, absolute or contingent, due or to become due, or existing or
hereafter arising) of Lessee under all present and future Leases.
9. PERSONAL PROPERTY. All Equipment is and will remain personal property and will not be
deemed to be affixed or attached to real estate or any building thereon.
10. MAINTENANCE AND OPERATION. Lessee agrees it shall, at its sole expense: (a) repair and
maintain all Equipment in good condition and working order, in accordance with manufacturer’s
instructions, and supply and install all replacement parts or other devices when required to so maintain
the Equipment or when required by applicable law or regulation, which parts or devices shall
automatically become part of the Equipment; and (b) use and operate all Equipment in a careful manner
in the normal course of its operations and only for the purposes for which it was designed in accordance
with the manufacturer’s warranty requirements, and comply with all laws and regulations relating to the
Equipment. If any Equipment is customarily covered by a maintenance agreement, Lessee will furnish
Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or
other service for any Equipment will be provided by Lessor. Lessee will not make any alterations,
additions or improvements (“Improvements”) to any Equipment without Lessor’s prior written consent
unless the Improvements may be readily removed without damage to the operation, value or utility of
such Equipment, but any such Improvements not removed prior to the termination of the applicable Lease
shall automatically become part of the Equipment.
11. LOCATION; INSPECTION. Equipment will not be removed from, or if Equipment is rolling stock its
permanent base will not be changed from, the Location without Lessor’s prior written consent which will
not be unreasonably withheld. Upon reasonable notice to Lessee, Lessor may enter the Location or
elsewhere during normal business hours to inspect the Equipment.
12. LIENS, SUBLEASES AND TAXES.
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12.1 Lessee shall keep all Equipment free and clear of all Liens except those Liens created under
its Lease. Lessee shall not sublet or lend any Equipment or permit it to be used by anyone other than
Lessee or Lessee’s employees.
12.2 Lessee shall pay when due all Taxes which may now or hereafter be imposed upon any
Equipment or its ownership, leasing, rental, sale, purchase, possession or use, upon any Lease or upon
any Rent Payments or any other payments due under any Lease. If Lessee fails to pay such Taxes when
due, Lessor shall have the right, but not the obligation, to pay such Taxes. If Lessor pays any such
Taxes, then Lessee shall, upon demand, immediately reimburse Lessor therefor. “Taxes” means present
and future taxes, levies, duties, assessments or other governmental charges that are not based on the
net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, without
limitation (a) sales, use, excise, licensing, registration, titling, gross receipts, stamp and personal property
taxes, and (b) interest, penalties or fines on any of the foregoing.
13. RISK OF LOSS.
13.1 Lessee bears the entire risk of loss, theft, damage or destruction of any Equipment in whole
or in part from any reason whatsoever (“Casualty Loss”). No Casualty Loss to any Equipment shall
relieve Lessee from the obligation to make any Rent Payments or to perform any other obligation under
any Lease. Proceeds of any insurance recovery will be applied to Lessee’s obligations under this Section
13.
13.2 If a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor of the
same and Lessee shall, unless otherwise directed by Lessor, immediately repair the same.
13.3 If Lessor determines that any item of Equipment has suffered a Casualty Loss beyond repair
(“Lost Equipment”), then Lessee shall either: (a) immediately replace the Lost Equipment with similar
equipment in good repair, condition and working order free and clear of any Liens (except Lessor’s Liens)
and deliver to Lessor a bill of sale covering the replacement equipment, in which event such replacement
equipment shall automatically be Equipment under the applicable Lease; or (b) on the next scheduled
Rent Payment date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the
Rent Payment due on such date plus (ii) an amount equal to the applicable Termination Value set forth in
the Payment Schedule to the applicable Lease. If Lessee is making such payment with respect to less
than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the
Rent Payment and Termination Value to be paid by Lessee with respect to the Lost Equipment.
13.4 Lessee shall bear the risk of loss for, shall pay directly, and shall defend against any and all
claims, liabilities, proceedings, actions, expenses (including reasonable attorney’s fees), damages or
losses arising under or related to any Equipment, including, but not limited to, the possession, ownership,
lease, use or operation thereof. These obligations of Lessee shall survive any expiration or termination of
any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings,
actions, expenses (including attorney’s fees), damages or losses which arise directly from events
occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the
applicable Lease or which arise directly from the gross negligence or willful misconduct of Lessor.
14. INSURANCE.
14.1 (a) Lessee at its sole expense shall at all times keep all Equipment insured against all risks
of loss or damage from every cause whatsoever for an amount not less than the Termination Value of the
Equipment. Proceeds of any such insurance covering damage or loss of any Equipment shall be payable
to Lessor as loss payee. (b) The Total Amount Financed as set forth on the Schedule A-1 does not
include the payment of any premium for any liabilit y insurance coverage for bodily injury and/or property
damage caused to others and no such insurance will be purchased by Lessor. (c) Lessee at its sole
expense shall at all times carry public liability and property damage insurance in amounts reasonably
satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to persons and damage to
property of others relating in any way to any Equipment. Proceeds of any such public liability or property
insurance shall be payable first to Lessor as additional insured to the extent of its liability, and then to
Lessee.
14.2 All insurers shall be reasonably satisfactory to Lessor. Lessee shall promptly deliver to
Lessor satisfactory evidence of required insurance coverage and all renewals and replacements thereof.
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Each insurance policy will require that the insurer give Lessor at least 30 days prior written notice of any
cancellation of such policy and will require that Lessor’s interests remain insured regardless of any act,
error, misrepresentation, omission or neglect of Lessee. The insurance maintained by Lessee shall be
primary without any right of contribution from insurance which may be maintained by Lessor.
15. PURCHASE OPTION. Upon thirty (30) days prior written notice by Lessee to Lessor, and so long as
there is no Event of Default then existing, Lessee shall have the option to purchase all, but not less than
all, of the Equipment covered by a Lease on any Rent Payment due date by paying to Lessor all Rent
Payments then due (including accrued interest, if any) plus the Termination Value amount set forth on the
Payment Schedule to the applicable Lease for such date. Upon satisfaction by Lessee of such purchase
conditions, Lessor shall release its Lien on such Equipment and Lessee shall retain its title to such
Equipment “AS-IS, WHERE-IS,” without representation or warranty by Lessor, express or implied, except
for a representation that such Equipment is free and clear of any Liens created by Lessor.
16. LESSEE’S REPRESENTATIONS AND WARRANTIES. With respect to each Lease and its
Equipment, Lessee hereby represents and warrants to Lessor that:
(a) Lessee has full power, authority and legal right to execute and deliver the Lease and to
perform its obligations under the Lease, and all such actions have been duly authorized by appropriate
findings and actions of Lessee’s governing body;
(b) the Lease has been duly executed and delivered by Lessee and constitutes a legal, valid and
binding obligation of Lessee, enforceable in accordance with its terms;
(c) the Lease is authorized under, and the authorization, execution and delivery of the Lease
complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all
open meeting, public bidding and property acquisition laws) and all applicable judgments and court
orders;
(d) the execution, delivery and performance by Lessee of its obligations under the Lease will not
result in a breach or violation of, nor constitute a default under, any agreement, lease or other instrument
to which Lessee is a party or by which Lessee’s properties may be bound or affected;
(e) there is no pending, or to the best of Lessee’s knowledge threatened, litigation of any nature
which may have a material adverse effect on Lessee’s ability to perform its obligations under the Lease;
and
(f) Lessee is a state, or a political subdivision thereof, as referred to in Section 103 of the Code,
and Lessee’s obligation under the Lease constitutes an enforceable obligation issued on behalf of a state
or a political subdivision thereof.
17. TAX COVENANTS. Lessee hereby covenants and agrees that:
(a) Lessee shall comply with all of the requirements of Section 149(a) and Section 149(e) of the
Code, as the same may be amended from time to time, and such compliance shall include, but not be
limited to, keeping a complete and accurate record of any assignments of any Lease and executing and
filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any other information
statements reasonably requested by Lessor;
(b) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act
allow, any Lease to be an “arbitrage bond” within the meaning of Section 148(a) of the Code or any Lease
to be a “private activity bond” within the meaning of Section 141(a) of the Code; and
(c) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act
allow, the interest portion of any Rent Payments to be or become includable in gross income for Federal
income taxation purposes under the Code.
(d) If Lessor either (i) receives notice, in any form, from the IRS; or (ii) reasonably determines,
based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which
approval Lessee shall not unreasonably withhold, that Lessor may not exclude the interest component of
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any Rent Payment under a Tax-Exempt Lease from federal gross income because Lessee breached a
covenant contained herein, then Lessee shall pay to Lessor, within thirty (30) days after Lessor notifies
Lessee of such determination, the amount which, with respect to Rent Payments previously paid and
taking into account all penalties, fines, interest and additions to tax (including all federal, state and local
taxes imposed on the interest component of all Rent Payments under such Tax-Exempt Lease due
through the date of such event) that are imposed on Lessor as a result of the loss of the exclusion, will
restore to Lessor the same after-tax yield on the transaction evidenced by such Tax-Exempt Lease
(assuming tax at the highest marginal corporate tax rate) that it would have realized had the exclusion not
been lost. Additionally, Lessee agrees that upon the occurrence of such an event with respect to a
Tax-Exempt Lease, it shall pay additional rent to Lessor on each succeeding Rent Payment due date in
such amount as will maintain such after-tax yield to Lessor. Lessor’s determination of the amount
necessary to maintain its after-tax yield as provided in this subsection (b) shall be conclusive (absent
manifest error). Notwithstanding anything in a Tax-Exempt Lease to the contrary, any payment that
Lessee is required to make pursuant to this subsection (b) shall be made only from Legally Available
Funds.
18. ASSIGNMENT.
18.1 Lessee shall not assign, transfer, pledge, hypothecate, nor grant any Lien on, nor otherwise
dispose of, any Lease or any Equipment or any interest in any Lease or Equipment.
18.2 Lessor may assign its rights, title and interest in and to any Lease or any Equipment, and/or
may grant or assign a security interest in any Lease and its Equipment, in whole or in part, to any party at
any time. Any such assignee or lien holder (an “Assignee”) shall have all of the rights of Lessor under the
applicable Lease. LESSEE AGREES NOT TO ASSERT AGAINST ANY ASSIGNEE ANY CLAIMS,
ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR
DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otherwise agreed by Lessee in
writing, any such assignment transaction shall not release Lessor from any of Lessor’s obligations under
the applicable Lease. An assignment or reassignment of any of Lessor’s right, title or interest in a Lease
or its Equipment shall be enforceable against Lessee only after Lessee receives a written notice of
assignment which discloses the name and address of each such Assignee. Lessee shall keep a
complete and accurate record of all such assignments in the form necessary to comply with Section
149(a) of the Code. Lessee agrees to acknowledge in writing any such assignments if so requested.
18.3 Each Assignee of a Lease hereby agrees that: (a) the term Secured Obligations as used in
Section 8.3 hereof is hereby amended to include and apply to all obligations of Lessee under the
Assigned Leases and to exclude the obligations of Lessee under any Non-Assigned Leases; (b) said
Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any Non-Assigned
Leases; and (c) Assignee shall exercise its rights, benefits and remedies as the assignee of Lessor
(including, without limitation, the remedies under Section 20 of the Master Lease) solely with respect to
the Assigned Leases. “Assigned Leases” means only those Leases which have been assigned to an
Assignee pursuant to a written agreement; and “Non-Assigned Leases” means all Leases excluding the
Assigned Leases.
18.4 Subject to the foregoing, each Lease inures to the benefit of and is binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
19. EVENTS OF DEFAULT. For each Lease, “Event of Default” means the occurrence of any one or
more of the following events as they may relate to such Lease: (a) Lessee fails to make any Rent
Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any
such failure continues for ten (10) days after the due date thereof; (b) Lessee fails to perform or observe
any of its obligations under Sections 12.1, 14 or 18.1 hereof; (c) Lessee fails to perform or observe any
other covenant, condition or agreement to be performed or observed by it under the Lease and such
failure is not cured within thirty (30) days after receipt of written notice thereof by Lessor; (d) any
statement, representation or warranty made by Lessee in the Lease or in any writing delivered by Lessee
pursuant thereto or in connection therewith proves at any time to have been false, misleading or
erroneous in any material respect as of the time when made; (e) Lessee applies for or consents to the
appointment of a receiver, trustee, conservator or liquidator of Lessee or of all or a substantial part of its
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assets, or a petition for relief is filed by Lessee under any federal or state bankruptcy, insolvency or
similar law, or a petition in a proceeding under any federal or state bankruptcy, insolvency or similar law is
filed against Lessee and is not dismissed within sixty (60) days thereafter; or (f) Lessee shall be in default
under any other Lease or under any other financing agreement executed at any time with Lessor.
20. REMEDIES. If any Event of Default occurs, then Lessor may, at its option, exercise any one or more
of the following remedies:
(a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all amounts then
currently due under all Leases and all remaining Rent Payments due under all Leases during the fiscal
year in effect when the default occurs together with interest on such amounts at the highest lawful rate
from the date of Lessor’s demand for such payment.
(b) Lessor may require Lessee to promptly return all Equipment to Lessor in the manner set forth
in Section 21 (and Lessee agrees that it shall so return the Equipment), or Lessor may, at its option, enter
upon the premises where any Equipment is located and repossess such Equipment without demand or
notice, without any court order or other process of law and without liability for any damage occasioned by
such repossession;
(c) Lessor may sell, lease or otherwise dispose of any Equipment, in whole or in part, in one or
more public or private transactions, and if Lessor so disposes of any Equipment, then Lessor shall retain
the entire proceeds of such disposition free of any claims of Lessee, provided, that the net proceeds of
any such disposition shall be applied to amounts payable by Lessee under clause (a) above of this
Section only to the extent that such net proceeds exceed the applicable Termination Value set forth in the
applicable Schedule A-1;
(d) Lessor may terminate, cancel or rescind any Lease as to any and all Equipment;
(e) Lessor may exercise any other right, remedy or privilege which may be available to Lessor
under applicable law or, by appropriate court action at law or in equity, Lessor may enforce any of
Lessee’s obligations under any Lease; and/or
(f) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs
and expenses incurred by Lessor as a result (directly or indirectly) of the Event of Default and/or of
Lessor’s actions under this section, including, without limitation, any attorney fees and expenses and any
costs related to the repossession, safekeeping, storage, repair, reconditioning or disposition of any
Equipment.
None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy
available to Lessor. Lessor’s exercise of one or more remedies shall not preclude its exercise of any
other remedy. No delay or failure on the part of Lessor to exercise any remedy under any Lease shall
operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or partial exercise
of any remedy preclude any other exercise thereof or the exercise of any other remedy.
21. RETURN OF EQUIPMENT. If Lessor is entitled under the provisions of any Lease, including any
termination thereof pursuant to Sections 6 or 20 of this Master Lease, to obtain possession of any
Equipment or if Lessee is obligated at any time to return any Equipment, then (a) title to the Equipment
shall vest in Lessor immediately upon Lessors notice thereof to Lessee, and (b) Lessee shall, at its sole
expense and risk, immediately de-install, disassemble, pack, crate, insure and return the Equipment to
Lessor (all in accordance with applicable industry standards) at any location in the continental United
States selected by Lessor. Such Equipment shall be in the same condition as when received by Lessee
(reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good
operating order and maintenance as required by the applicable Lease, shall be free and clear of any
Liens (except Lessor’s Lien) and shall comply with all applicable laws and regulations. Until Equipment is
returned as required above, all terms of the applicable Lease shall remain in full force and effect
including, without limitation, obligations to pay Rent Payments and to insure the Equipment. Lessee
agrees to execute and deliver to Lessor all documents reasonably requested by Lessor to evidence the
transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of
Lessee’s interest in such Equipment.
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22. LAW GOVERNING. Each Lease shall be governed by the laws of the state of the lessee (The
“State”).
23. NOTICES. All notices to be given under any Lease shall be made in writing and either personally
delivered or mailed by certified mail to the other party at its address set forth herein or at such address as
the party may provide in writing from time to time. Any such notices shall be deemed to have been
received five (5) days subsequent to mailing if sent by regular or certified mail, or on the next business
day if sent by overnight courier, or on the day of delivery if delivered personally.
24. FINANCIAL INFORMATION; INDEMNITY; POWER OF ATTORNEY. Within thirty (30) days of their
completion in each fiscal year of Lessee during any Lease Term, Lessee will deliver to Lessor upon
Lessor’s request the publicly available annual financial information of Lessee. To the extent permitted by
law, Lessee shall indemnify, hold harmless and, if Lessor requests, defend Lessor and its shareholders,
affiliates, employees, dealers and agents against all Claims directly or indirectly arising out of or
connected with (a) the manufacture, installation, use, lease, possession or delivery of the Equipment, (b)
any defects in the Equipment, any wrongful act or omission of Lessee, or its employees and agents, or (c)
any claims of alleged breach by Lessee of this Master Lease or any related document. “Claims” means
all losses, liabilities, damages, penalties, expenses (including attorney’s fees and costs), claims, actions
and suits, whether in contract, tort or otherwise. Lessee hereby appoints Lessor its true and lawful
attorney-in-fact (with full power of substitution) to prepare any instrument, certificate of title or financing
statement covering the Equipment or otherwise protecting Lessor’s interest in the Equipment, to sign
Lessee’s name with the same force and effect as if signed by Lessee, and to file same at the proper
location(s); and make claims for, receive payment of, and execute and endorse all documents, checks or
drafts for loss, theft, damage or destruction to the Equipment under any insurance.
25. ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE LAW COMPLIANCE.
Lessee represents and warrants to Lessor, as of the date of this Master Lease, the date of each
advance of proceeds pursuant to this Master Lease, the date of any renewal, extension or modification of
this Master Lease or any Lease, and at all times until this Master Lease and each Lease has been
terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i)
is a Sanctioned Person; (ii) has any of its assets in a Sanctioned Country or in the possession, custody or
control of a Sanctioned Person; or (iii) does business in or with, or derives any of its operating income
from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any
law, regulation, order or directive enforced by any Compliance Authority; (b) the proceeds of any Lease
will not be used to fund any operations in, finance any investments or activities in, or, make any payments
to, a Sanctioned Country or Sanctioned Person in violation of any law, regulation, order or directive
enforced by any Compliance Authority; (c) the funds used to repay any Lease are not derived from any
unlawful activity; and (d) each Covered Entity is in compliance with, and no Covered Entity engages in
any dealings or transactions prohibited by, any laws of the United States, including but not limited to any
Anti-Terrorism Laws. Lessee covenants and agrees that it shall immediately notify Lessor in writing upon
the occurrence of a Reportable Compliance Event.
As used herein: “Anti-Terrorism Laws” means any laws relating to terrorism, trade sanctions
programs and embargoes, import/export licensing, money laundering, or bribery, all as amended,
supplemented or replaced from time to time; “Compliance Authority” means each and all of the (a) U.S.
Treasury Department/Office of Foreign Assets Control, (b) U.S. Treasury Department/Financial Crimes
Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S.
Commerce Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S.
Justice Department, and (g) U.S. Securities and Exchange Commission; “Covered Entity” means Lessee,
its affiliates and subsidiaries, all guarantors, pledgors of collateral, all owners of the foregoing, and all
brokers or other agents of Lessee acting in any capacity in connection with this Master Lease or any
Lease; “Reportable Compliance Event” means that any Covered Entity becomes a Sanctioned Person, or
is indicted, arraigned, investigated or custodially detained, or receives an inquiry from regulatory or law
enforcement officials, in connection with any Anti-Terrorism Law or any predicate crime to any Anti-
Terrorism Law, or self-discovers facts or circumstances implicating any aspect of its operations with the
actual or possible violation of any Anti-Terrorism Law; “Sanctioned Country” means a country subject to a
sanctions program maintained by any Compliance Authority; and “Sanctioned Person” means any
individual person, group, regime, entity or thing listed or otherwise recognized as a specially designated,
prohibited, sanctioned or debarred person or entity, or subject to any limitations or prohibitions (including
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but not limited to the blocking of property or rejection of transactions), under any order or directive of any
Compliance Authority or otherwise subject to, or specially designated under, any sanctions program
maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires
all financial institutions to obtain, verify and record information that identifies each lessee that opens an
account. What this means: when Lessee opens an account, Lessor will ask for the business name,
business address, taxpayer identifying number and other information that will allow Lessor to identify
Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need
to ask for identifying information and documentation relating to certain individuals associated with the
business or organization.
27. SECTION HEADINGS. All section headings contained herein or in any Schedule are for convenience
of reference only and do not define or limit the scope of any provision of any Lease.
28. EXECUTION IN COUNTERPARTS. Each Schedule to this Master Lease may be executed in
several counterparts, each of which shall be deemed an original, but all of which shall be deemed one
instrument. Only one counterpart of each Schedule shall be marked “Lessor’s Original” and all other
counterparts shall be deemed duplicates. An assignment of or security interest in any Schedule may be
created through transfer and possession only of the counterpart marked “Lessor’s Original.”
29. ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lease, together with the exhibits attached
thereto and made a part hereof and other attachments thereto, and other documents or instruments
executed by Lessee and Lessor in connection therewith, constitute the entire agreement between the
parties with respect to the lease of the Equipment covered thereby, and such Lease shall not be modified,
amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of
any Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without
invalidating the remainder of the Lease.
30. HEAVY-DUTY VEHICLE GREENHOUSE GAS EMISSION REDUCTION REGULATION.
(a) If the equipment leased pursuant to the Lease is a tractor, the Lessee of this heavy-duty
tractor understands that when using a heavy-duty tractor to pull a 53-foot or longer box-type trailer on a
highway within California, the heavy-duty tractor must be compliant with sections 95300-95312, title 17,
California Code of Regulations, and that it is the responsibility of the Lessee to ensure this heavy-duty
tractor is compliant. The regulations may require this heavy-duty tractor to have low-rolling-resistance
tires that are U.S. Environmental Protection Agency (U.S. EPA) SmartWay Verified Technologies prior to
current or future use in California, or may entirely prohibit use of this tractor in California if it is a model
year 2011 or later tractor and is not a U.S. EPA SmartWay Certified Tractor.
(b) If the equipment leased pursuant to the Lease is a trailer, the Lessee of this box-type trailer
understands that when using a heavy-duty tractor to pull a 53-foot or longer box-type trailer on a highway
within California, the box-type trailer must be compliant with sections 95300-95312, title 17, California
Code of Regulations, and that it is the responsibility of the Lessee to ensure this box-type trailer is
compliant. The regulations may require this trailer to have low-rolling-resistance tires and aerodynamic
technologies that are U.S. Environmental Protection Agency SmartWay Verified Technologies prior to
current or future use in California.
(c) Notwithstanding anything in the Lease to the contrary, the Lease does not prohibit the Lessee
from modifying the trailer, at Lessee’s cost, to be compliant with the requirements of the California Heavy-
Duty Vehicle Greenhouse Gas Emission Reduction Regulation.
31. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s) to
Lessor, now or at any later time, Lessee authorizes Lessor and its affiliates and designees to contact
Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Lessee
individual accounts or business accounts for which Lessee is a contact, at such numbers using any
means, including but not limited to placing calls using an automated dialing system to cell, VoIP or other
wireless phone number, or leaving prerecorded messages or sending text messages, even if charges
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may be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be
monitored or recorded by Lessor.
City of San Luis Obispo
(“Lessee”)
By:
Title:
Attention: Finance Director
990 Palm Street
San Luis Obispo, CA 93401
PNC Equipment Finance, LLC (“Lessor”)
By:
Title
155 East Broad Street, B4-B230-05-7
Columbus, OH 43215
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LEASE SCHEDULE NO. 196140000
Dated As Of April 28, 2016
This Lease Schedule (this “Schedule”) is attached and made a part of the Master Lease-Purchase
Agreement referenced below, together with all exhibits, schedules, addenda, and other attachments thereto,
executed by Lessee and Lessor (the “Lease”). Unless otherwise defined herein, capitalized terms will have the
same meaning ascribed to them in the Master Lease. All terms and conditions of the Master Lease are
incorporated herein by reference. To the extent that there is any conflict between the terms of the Lease and
this Schedule, the terms of this Schedule shall control.
Master Lease-Purchase Agreement dated April 28, 2016
1. EQUIPMENT DESCRIPTION. As used in the Lease, “Equipment” means all of the property described in
Schedule A-1 attached to this Schedule and all attachments, additions, accessions, parts, repairs,
improvements, replacements and substitutions thereto.
2. RENTAL PAYMENTS; LEASE TERM. The Rental Payments to be paid by the Lessee to Lessor, the
commencement date thereof and the lease term of this Lease Schedule are set forth on the Schedule A-1
attached to this Lease Schedule.
3. ESSENTIAL USE; CURRENT INTENT OF LESSEE. Lessee represents that the use of the Equipment is
essential to Lessee’s proper, efficient and economic functioning or to the services that Lessee provides to its
citizens and the Equipment will be used by Lessee only for the purpose of performing its governmental or
proprietary functions consistent with the permissible scope of its authority. Lessee currently intends for the
full Lease Term: to use the Equipment; to continue this Lease; and (if applicable) to make Rent Payments if
funds are appropriated in each fiscal year by its governing body.
4. ACCEPTANCE OF EQUIPMENT. AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT (A)
LESSEE HAS RECEIVED AND INSPECTED ALL EQUIPMENT; (B) ALL EQUIPMENT IS IN GOOD
WORKING ORDER AND COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND
SPECIFICATIONS; (C) LESSEE ACCEPTS ALL EQUIPMENT FOR PURPOSES OF THE LEASE “AS-IS,
WHERE IS”; AND (D) LESSEE WAIVES ANY RIGHT TO REVOKE SUCH ACCEPTANCE.
5. BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE AS A QUALIFIED
TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b)(3) OF THE CODE, THAT IT HAS
NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT
OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND
THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX-EXEMPT OBLIGATIONS
TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED
$10,000,000.
6. RE-AFFIRMATION OF THE MASTER LEASE-PURCHASE AGREEMENT. Lessee hereby re-affirms all of
its representations, warranties and obligations under the Master Lease Purchase Agreement (including,
without limitation, its obligation to pay all Rental Payments, its disclaimers in Section 7 thereof and its
representations in Section 6.1 and 16 thereof).
City of San Luis Obispo
(“Lessee”)
PNC Equipment Finance, LLC (“Lessor”)
By: By:
Title:
Title:
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Schedule A-1
1. EQUIPMENT LOCATION & DESCRIPTION:
City of San Luis Obispo
136 N Chorro
San Luis Obispo, CA 93401
San Luis Obispo County
2016 Pierce Arrow XT 75' PUC VIN#
TYMCO Model 600 Regenerative Air Street Sweeper VIN#
2. LEASE PAYMENT SCHEDULE.
(a) Accrual Date: April 28, 2016
(b) Amount Financed:
i. Purchase Price for Pierce Arrow XT 75” PUC $869,806.17
Purchase Price for Street Sweeper $219,535.00
Sales Tax $84,361.92
Freight $9,000.00
ii. Purchase Price Deduction $0.00
Prepay Discounts $41,235.00
Trade In $0.00
iii. Total Amount Financed (Cash Sale Price minus
Purchase Price Deductions) $1,141,468.09
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(c) Payment Schedule:
Accrual Date: April 28, 2016
Rent Payment
Number
Rent Payment
Date
Rent Payment
Amount
Interest
Portion Principal Portion Termination
Value
1 4/28/2017 240,067.42 19,404.96 220,662.46 948,429.80
2 4/28/2018 240,067.42 15,653.70 224,413.72 717,283.67
3 4/28/2019 240,067.42 11,838.66 228,228.76 482,208.04
4 4/28/2020 240,067.42 7,958.77 232,108.65 243,136.14
5 4/28/2021 240,067.42 4,012.92 236,054.50 1.00
City of San Luis Obispo PNC Equipment Finance, LLC
(“Lessee”) (“Lessor”)
By: By:
Title: Title:
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VEHICLE SCHEDULE ADDENDUM
Dated As Of April 28, 2016
Lease Schedule No. 196140000 Dated April 28, 2016
Lessee: City of San Luis Obispo
Reference is made to the above Lease Schedule (“Schedule”) to the Master Lease-Purchase
Agreement identified in the Lease Schedule (“Master Lease”) by and between PNC Equipment Finance,
LLC (“Lessor”) and the above Lessee (“Lessee”). This Addendum amends and modifies the terms and
conditions of the Schedule and is hereby made a part of the Schedule. Unless otherwise defined herein,
capitalized terms defined in the Master Lease shall have the same meaning when used herein.
NOW THEREFORE, as part of the valuable consideration to induce the execution of the
Schedule, Lessor and Lessee hereby agree to amend the Schedule as follows:
1. In the event that any unit of Equipment covered by the Schedule is a vehicle or trailer under
applicable State law, then the following provisions shall also apply to the Schedule to the extent permitted
by law,
(a) each manufacturer’s statement of origin and certificate of title shall state that Lessor has the
first and sole lien on or security interest in such unit of Equipment;
(b) the public liability and property damage insurance required by the terms of the paragraph titled
“Insurance in the Master Lease shall be in an amount not less than $1,000,000.00 per person insured and
$2,000,000.00 combined single limit per unit per occurrence (provided, that if the unit of Equipment is a
bus or other passenger vehicle, then such insurance amount shall be such larger amount as may be
reasonably required by Lessor) and $1,000,000.00 for damage to property of others;
(c) Lessee shall furnish and permit only duly licensed, trained, safe and qualified drivers to
operate any such unit of Equipment, and such drivers shall be agents of Lessee and shall not be agents
of Lessor; and
(d) Lessee shall cause each such unit of Equipment to be duly registered and licensed as
required by applicable State law with Lessor noted as lien holder and Lessee as owner.
2. Except as expressly amended by this Addendum and other modifications signed by Lessor,
the Schedule remains unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first referenced
above.
City of San Luis Obispo PNC Equipment Finance, LLC
(“Lessee”) (“Lessor”)
By: By:
Title: Title:
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RESOLUTION
Municipality/Lessee: City of San Luis Obispo
Principal Amount Expected To Be Financed: $1,141,468.09
WHEREAS, the Municipality is a political subdivision of the State in which Municipality is located (the
“State”) and is duly organized and existing pursuant to the Constitution and laws of the State.
WHEREAS, pursuant to applicable law, the governing body of the Municipality (“Governing Body”) is
authorized to acquire, dispose of and encumber real and personal property, including, without limitation,
rights and interest in property, leases and easements necessary to the functions or operations of the
Municipality.
WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Master
Lease-Purchase Agreements (“Leases”) in the principal amount not exceeding the amount stated above
for the purpose of acquiring the property (“Equipment”) to be described in the Leases is appropriate and
necessary to the functions and operations of the Municipality.
WHEREAS, PNC Equipment Finance, LLC (“Lessor”) shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Municipality:
Section 1. Either one of the _______________________ OR _______________________ (each an
“Authorized Representative”) acting on behalf of the Municipality, is hereby authorized to negotiate, enter
into, execute, and deliver one or more Leases in substantially the form set forth in the document presently
before the Governing Body, which document is available for public inspection at the office of the
Municipality. Each Authorized Representative acting on behalf of the Municipality is hereby authorized to
negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized
Representative deems necessary and appropriate. All other related contracts and agreements necessary
and incidental to the Leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized
Representative may designate specifically identified officers or employees of the Municipality to execute
and deliver agreements and documents relating to the Leases on behalf of the Municipality.
Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated
above and shall bear interest as set forth in the Leases and the Leases shall contain such options to
purchase by the Municipality as set forth therein.
Section 4. The Municipality’s obligations under the Leases shall be subject to annual appropriation or
renewal by the Governing Body as set forth in each Lease and the Municipality’s obligations under the
Leases shall not constitute general obligations of the Municipality or indebtedness under the Constitution
or laws of the State.
Section 5. As to each Lease, the Municipality reasonably anticipates to issue not more than $10,000,000
of tax-exempt obligations (other than “private activity bonds” which are not “qualified 501(c)(3) bonds”)
during the current calendar year in which each such Lease is issued and hereby designates each Lease
as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986,
as amended.
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6
001.1145120.3
Section 6. This resolution shall take effect immediately upon its adoption and approval.
ADOPTED AND APPROVED on this ________________, 2016.
The undersigned Secretary/Clerk of the above-named Municipality hereby certifies and attests that the
undersigned has access to the official records of the Governing Body of the Municipality, that the
foregoing resolutions were duly adopted by said Governing Body of the Municipality at a meeting of said
Governing Body and that such resolutions have not been amended or altered and are in full force and
effect on the date stated below.
LESSEE: City of San Luis Obispo
____________________________________________ [SEAL]
Signature of Secretary/Clerk of Municipality
Print Name: ___________________________________
Official Title:___________________________________
Date: _______________________________________
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CERTIFICATE OF INCUMBENCY
Lessee: City of San Luis Obispo
Lease Schedule No.: 196140000 Dated: April 28, 2016
I, the undersigned Secretary/Clerk identified below, do hereby certify that I am the duly elected or
appointed and acting Secretary/Clerk of the above Lessee (the “Lessee”), a political subdivision duly
organized and existing under the laws of the State where Lessee is located, that I have the title stated
below, and that, as of the date hereof, the individuals named below are the duly elected or appointed
officers of the Lessee holding the offices set forth opposite their respective names.
[NOTE: Use same titles as Authorized Representatives stated in Resolutions.]
_________________________
Name
__________________________
Title
_________________________
Signature
_________________________
Name
__________________________
Title
_________________________
Signature
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such
Lessee as of the date set forth below.
____________________________________________ [SEAL]
Signature of Secretary/Clerk of Lessee
Print Name: __________________________________
Official Title:___________________________________
Date: ________________________________________
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FORM OF OPINION OF COUNSEL
(To Be Typed on Attorney’s Letterhead Stationary)
Date:
Lessee: City of San Luis Obispo
Lessor: PNC Equipment Finance, LLC
Re: Lease Schedule No. 196140000 dated April 28, 2016, together with its Master Lease-Purchase
Agreement dated April 28, 2016, by and between the above-named Lessee and the above-named
Lessor
Gentlemen:
I have acted as counsel to Lessee with respect to the Lease Schedule, the Master Lease-Purchase
Agreement and all other agreements described above or related thereto (collectively, the “Agreements”) and various
related matters, and in this capacity have reviewed a duplicate original or certified copy of the Agreements and such
other documents as I have deemed necessary for the purposes of this opinion.
Based upon the examination of such documents, it is my opinion that:
1. Lessee is a political subdivision of the State of California (the “State”) duly organized, existing and operating
under the Constitution and laws of the State.
2. Lessee is authorized and has power under State law to enter into all of the Agreements, and to carry out its
obligations thereunder and the transactions contemplated thereby.
3. The Agreements and all other documents related thereto have been duly authorized, approved, and executed by
and on behalf of Lessee, and each of the Agreements is a valid and binding contract of Lessee enforceable in
accordance with its terms, except to the extent limited by State and Federal law affecting creditor’s remedies and
by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of
creditors’ rights.
4. The authorization, approval and execution of the Agreements and all other proceedings of Lessee relating to the
transactions contemplated thereby have been performed in accordance with all applicable Local, State and
Federal laws (including open meeting laws and public bidding and property acquisition laws).
5. To the best of my knowledge, there is no litigation or proceeding pending before any court, administrative agency
or governmental body, that challenges: the organization or existence of Lessee; the authority of its officers; the
proper authorization; approval and execution of any of the Agreements or any documents relating thereto; the
appropriation of monies to make payments under the Agreements for the current fiscal year; or the ability of
Lessee otherwise to perform its obligations under the Agreements and the transactions contemplated thereby.
6. Lessee is a political subdivision of the State as referred to in Section 103 of the Internal Revenue Code of 1986,
as amended, and the related regulations and rulings thereunder.
Lessor, its Assignee and any of their assigns may rely upon this opinion.
Very truly yours,
Attorney
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INSURANCE COVERAGE DISCLOSURE
PNC Equipment Finance, LLC, LESSOR
City of San Luis Obispo, LESSEE
RE: INSURANCE COVERAGE REQUIREMENTS
1. In accordance with the Lease Schedule (“Schedule”) to the Master Lease-Purchase Agreement
identified in the Lease Schedule (“Master Lease”), Lessee certifies that it has instructed the insurance
agent named below (please fill in name, address, and telephone number):
to issue: (check to indicate coverage)
a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance
and Long Form Loss Payable Clause naming PNC Equipment Finance, LLC and/or its assigns as Loss
Payee.
Coverage Required: Termination Value Specified
b. Public Liability Insurance evidenced by a Certificate of Insurance naming PNC Equipment Finance,
LLC and/or its assigns as an Additional Insured.
Minimum Coverage Required:
$1,000,000.00 per person
$2,000,000.00 aggregate bodily injury liability
$1,000,000.00 property damage liability
Proof of insurance coverage will be provided to PNC Equipment Finance, LLC, 155 East Broad Street,
B4-B230-05-7, Columbus, OH 43215, prior to the time that the property is delivered to Lessee.
OR
2. Pursuant to the Master Lease, Lessee represents and warrants, in addition to other matters under the
Agreement, that it is lawfully self-insured for: (check to indicate coverage)
a. All risk, physical damage in the amount specified in 1(a) above.
b. Public liability for not less than the amounts specified in 1(b) above.
Lessee has attached a signed letter describing self-insurance.
LESSEE: City of San Luis Obispo
By: _________________________________ Title: ___________________________________
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INSURANCE INFORMATION
Please provide the following information to your insurance company to help
expedite receipt of the necessary coverage:
ITEMS WHICH NEED TO BE REFLECTED ON INSURANCE CERTIFICATE:
• PNC Equipment Finance, LLC must be named Loss Payee and Additional
Insured
• 30 Days Notice of Cancellation
• Not Less than $2,000,000.00 limits on liability
• Certificate must reflect a short equipment description
• Certificate must reflect an expiration date
Certificate Holder Information:
PNC Equipment Finance, LLC, its successors and/or all assigns
155 East Broad Street, B4-B230-05-7
Columbus, OH 43215
Please send a FAX copy of certificate to Cheryl Kennedy at 1-800-678-0602.
The original should be mailed to the same at:
PNC Equipment Finance, LLC
155 East Broad Street, B4-B230-05-7
Columbus, OH 43215
Please call Cheryl Kennedy at 1-800-820-9041, ext. 4, if you have any questions.
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THREE PARTY AGREEMENT
Dated as of April 28, 2016
“Lessee” means City of San Luis Obispo
“Schedule” means Lease Schedule No. 196140000 Dated April 28, 2016, together with its Schedule A-1.
Reference is made to the Lease Schedule (“Schedule”) and to the Master Lease-Purchase
Agreement (“Master Lease”) identified in said Lease Schedule, described above between PNC
Equipment Finance, LLC (“Lessor”) and the Lessee identified above which relates to Equipment
described in Schedule A-1 to the Lease Schedule attached therein (“Equipment”) to be supplied by Pierce
Manufacturing Inc. (“Supplier”). For good and valuable consideration, receipt of which is hereby
acknowledged, Lessee, Lessor and Supplier hereby agree as follows:
1. Notwithstanding anything to the contrary in the Lease Schedule, Lessee hereby notifies Lessor that
the Equipment has not yet been delivered to Lessee and the Equipment has not yet been accepted by
Lessee for purposes of the Lease Schedule. Lessee agrees to execute and deliver to Lessor a Delivery
and Acceptance Certificate in the form attached hereto as Exhibit A upon the circumstances set forth in
said Certificate.
2. All parties hereto agree that the Purchase Price of the Equipment shall be as set forth below if said
Purchase Price is paid on or before the Advance Payment Date set forth below:
Purchase Price:
Sales Tax:
$869,806.17
$66,079.12
Vendor Discounts: $41,235.00
Advance Payment Date: April 28, 2016
3. Upon execution of the Lease Schedule and delivery of all documents relating thereto required by
Lessor, Lessee agrees that it shall pay the Lessee Down Payment stated below and Lessor agrees that it
shall pay the balance of the Purchase Price (the “Amount Financed”) stated below. Lessee agrees that
the Lease Term and Lessee’s obligation to pay Rent Payments shall commence on the date set forth in
the Lease Schedule notwithstanding the delivery of the Equipment at a later date.
Lessee Down Payment: $0.00
Trade In:
Amount Financed:
$0.00
$1,141,468.09
4. (a) Supplier anticipates that it shall deliver the Equipment to Lessee by the Anticipated Delivery
Date set forth below.
Anticipated Delivery Date: May 28, 2017
(b) Supplier hereby agrees that it shall deliver the Equipment to Lessee no later than the Outside
Delivery Date set forth below and that such Equipment shall comply with all specifications and
requirements of Lessee and with the terms and conditions of any purchase order/purchase
agreement relating thereto.
Outside Delivery Date: July 28, 2017
5. If for any reason whatsoever Supplier fails to comply with its agreements set forth in subparagraph
4(b) of this Agreement by the Outside Delivery Date for any piece of Equipment (the “Delayed
Equipment”), and the Lessee has not agreed to revise the Outside Delivery Date with respect to such
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Delayed Equipment, then Supplier hereby agrees as follows only for the Delayed Equipment:
(a) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessee the Lessee
Down Payment for the Delayed Equipment plus interest at the Prime Rate plus one percent (1%)
per annum from the Advance Payment Date to the date of such payment;
(b) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessor for the
Delayed Equipment the Amount Financed plus interest at the Prime Rate plus one percent (1%)
per annum from the Advance Payment Date to the date of such payment; and
(c) “Prime Rate” means the prime rate of interest as published from time to time in the Wall Street
Journal.
If there is more than one piece of Equipment subject to the Lease, and some of the Equipment is
delivered in accordance with subparagraph 4(b) of this Agreement, the payments owed pursuant to the
Lease shall be modified to reflect only the obligations due on the Equipment that was delivered pursuant
to subparagraph 4(b) of this Agreement. The new payment obligation will be determined based on the
amount financed for the Equipment delivered to the Lessee, and based on the interest rate in effect as of
the date of Lease commencement.
6. If Supplier makes the payments described in paragraph 5 above for the Delayed Equipment under
the circumstances set forth above and if Lessee has otherwise paid and performed its obligations under
the Lease Schedule as of such payment date for the Delayed Equipment, then Lessee and Lessor agree
that the Lease Schedule shall terminate as of the date of such payments by Supplier as to the Delayed
Equipment only. Lessee’s obligations shall continue unabated for the Equipment that was delivered
pursuant to subparagraph 4(b) of this Agreement.
7. Supplier agrees that a Performance Bond will be issued which names the Supplier as Principal, the
Lessee as Obligee and the Lessor as Additional Obligee. This Performance Bond will apply solely to the
terms and conditions of the purchase order/purchase agreement, including related equipment
specifications and warranties, as issued by the lessee and accepted by the Supplier. The “Contract
Date” referred to in the Performance Bond shall be the date of the Three Party Agreement. Except as
expressly set forth herein, the Lease Schedule and the terms and conditions of the purchase
order/purchase agreement for the equipment remain unchanged and in full force and effect.
8. Except as expressly set forth herein, the Lease Schedule and terms and conditions of the purchase
order/purchase agreement for the Equipment remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the duly authorized officers of the parties set forth below hereby
execute and deliver this Agreement as of the date first written above.
City of San Luis Obispo PNC Equipment Finance, LLC
(“Lessee”) (“Lessor”)
By: By:
Title: Title:
Pierce Manufacturing Inc.
(“Supplier”)
By:
Title:
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Exhibit A
DELIVERY & ACCEPTANCE CERTIFICATE
Lease Schedule No. 196140000
Reference is made to the above Lease Schedule (“Schedule”), which has been executed and
delivered by the undersigned Lessee (“Lessee”) and PNC Equipment Finance, LLC (“Lessor”). This
Certificate amends and supplements the terms and conditions of the Lease Schedule and is hereby made
a part of the Lease Schedule. Unless otherwise defined herein, capitalized terms defined in the Master
Lease-Purchase Agreement and the Lease Schedule shall have the same meaning when used herein;
provided, that “Equipment” shall mean the Equipment described in the Schedule A-1 and in any
attachment or exhibit to this Certificate.
Notwithstanding anything to the contrary, expressed or implied, in the Lease Schedule or its
Schedule A-1, Lessee agrees as follows:
1. ACCEPTANCE OF EQUIPMENT. As of the Acceptance Date stated below and as between Lessee
and Lessor, Lessee hereby agrees that: (a) Lessee has received and inspected all Equipment; (b) all
Equipment is in good working order and complies with all purchase orders, contracts and
specifications; (c) Lessee accepts all Equipment for purposes of the Lease “as-is, where-is”; and (d)
Lessee waives any right to revoke such acceptance.
ACCEPTANCE DATE:
2. RENT PAYMENTS. Lessee hereby agrees that Lessee will pay the Rent Payments for the
Equipment in the amounts and on the dates specified in Schedule A-1 to the Lease Schedule.
City of San Luis Obispo
(“Lessee”)
By: __________________________________
Title: __________________________________
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ESCROW RIDER
Dated As of April 28, 2016
Lease Schedule No. 196140000 Dated April 28, 2016
MASTER LEASE-PURCHASE AGREEMENT DATED APRIL 28, 2016
LESSEE: CITY OF SAN LUIS OBISPO
Reference is made to the above Lease Schedule (“Schedule”) to the Master Lease-Purchase Agreement
identified in the Schedule (“Master Lease”) by and between PNC Equipment Finance, LLC (“Lessor”) and the above
lessee (“Lessee”). As used herein, “Lease” shall mean the Schedule and the Master Lease, but only to the extent that
the Master Lease related to the Schedule. This Addendum amends and modifies the terms and conditions of the
Lease and is hereby made a part of the Lease. Unless otherwise defined herein, capitalized terms defined in the
Master Lease shall have the same meaning when used herein.
NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Lease, Lessor and
Lessee hereby agree to amend the Lease as follows:
1. “Escrow Agreement” means the Escrow Agreement relating to a Schedule, dated the Commencement Date
under such Schedule and substantially in the form attached to this Master Lease, among Lessor, Lessee and
the escrow agent therein identified, with respect to the Escrow Fund established and to be administered
thereunder. “Escrow Fund” means the fund of that name established pursuant to an Escrow Agreement.
2. Lessee and Lessor together with a mutually acceptable escrow agent agree to enter into an escrow agreement
(Escrow Agreement”) establishing a fund (“Equipment Acquisition Fund”) from which the Purchase Price of the
Equipment will be paid. The terms and conditions of the Escrow Agreement shall be satisfactory in form and
substance, to Lessor and Lessee.
3. In order to provide financing to pay the costs to acquire and install the Equipment (“Total Amount Financed”)
as described in a Schedule, Lessor and Lessee hereby agree to execute and deliver an Escrow Agreement
relating to such Schedule on the date on which the Funding Conditions for such Schedule are satisfied as
provided in Section 5.3. If Lessee signs and delivers a Schedule and an Escrow Agreement and if all Funding
Conditions have been satisfied in full, then Lessor will deposit or cause to be deposited into an Escrow Fund
under the related Escrow Agreement an amount (which may include estimated investment earnings thereon)
equal to the Purchase Price for the Equipment to be financed under the related Schedule.
4. Lessee shall, at its sole expense, arrange for the transportation, delivery and installation of all Equipment to
the location specified in the Schedule (“Location”) by Equipment suppliers (“Suppliers”) selected by Lessee.
Lessee shall accept Equipment for purposes of the related Lease as soon as it has been delivered and is
operational. Lessee shall evidence its acceptance of any Equipment by signing and delivering to Lessor a
Certificate of Acceptance in the form and manner required by the applicable Escrow Agreement.
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5. If a Non-Appropriation Event or an Event of Default occurs prior to Lessee’s acceptance of all the Equipment
under the related Schedule, the amount then on deposit in the Escrow Fund shall be applied to prepay the
unpaid principal component of the Rent Payments in whole on the first business day of the month next
succeeding the occurrence of either such Event plus accrued interest to the prepayment date; provided,
however, that the amount to be prepaid by Lessee pursuant to this Section 5 shall first be paid from moneys
in the related Escrow Fund and then from Legally Available Funds and other moneys available for such
purpose as a result of the exercise by Lessor of its rights and remedies under the related Schedule. Any funds
on deposit in the Escrow Fund on the prepayment date described in this Section 5 in excess of the unpaid
principal component of the Rent Payments to be prepaid plus accrued interest thereon to the prepayment date
shall be paid promptly to Lessee.
6. To the extent that Lessee has not accepted items of Equipment before the eighteen-month anniversary of the
Commencement Date identified on the related Schedule, the amount then on deposit in the related Escrow
Fund shall be applied to prepay the unpaid principal component of the Rent Payments in part, in inverse order
of Rent Payments, on the first business day of the next month plus accrued interest to the prepayment date;
provided, however, that the amount to be prepaid by Lessee pursuant to this Section 6 shall first be paid from
moneys in the related Escrow Fund and then from Legally Available Funds. Notwithstanding any such partial
prepayment, the related Schedule shall remain in full force and effect with respect to the portion of the
Equipment accepted by Lessee during such eighteen-month period, and the portion of the principal component
of Rent Payments remaining unpaid after such prepayment plus accrued interest thereon shall remain payable
in accordance with the terms of the related Schedule. Upon Lessor’s request, Lessee shall execute an
amendment to the related Payment Schedule that reflects the change to the Rent Payments as a result of
such partial prepayment.
7. As collateral security for Lessee’s obligations to pay all Rent Payments and all other amounts due and payable
under each Lease and to perform and observe all covenants, agreements and conditions (direct or indirect,
absolute or contingent, due or to become due or existing or hereafter arising) of Lessee under such Lease,
Lessee hereby grants to Lessor a first priority, exclusive security interest in any and all of the Equipment (now
existing or hereafter acquired) under each Lease, moneys and investments held from time to time the Escrow
Fund under each Escrow Agreement and any and all proceeds of any of the foregoing. Lessee agrees to
execute and deliver to Lessor all necessary documents to evidence and perfect such security interest,
including, without limitation, Uniform Commercial Code (UCC) financing statements and any amendments
thereto and certificates of title or certificates of origin (or applications thereof) noting Lessor’s interest thereon.
8. The Lease Term of the Lease shall commence on the earlier of the date specified in the Payment Schedule to
the Lease or the date of Lessor’s deposit of funds into the Equipment Acquisition Fund. Notwithstanding the
statements regarding delivery and acceptance of the Equipment in the Schedule, the parties acknowledge that
the Equipment will be delivered or installed as provided in the Escrow Agreement.
9. The delivery of documents and the satisfaction of any other conditions required by the Escrow Agreement or
this Addendum shall be additional Funding Conditions for the Lease.
10. Upon Lessee’s execution of the Escrow Agreement, Lessee hereby represents and warrants to Lessor that:
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(a) Lessee has full power, authority and legal right to execute and deliver the Escrow Agreement and
to perform its obligations under the Escrow Agreement, and all such actions have been duly authorized by
appropriate findings and actions of Lessee’s governing body;
(b) the Escrow Agreement has been duly executed and delivered by Lessee and constitutes a legal,
valid and binding obligations of Lessee, enforceable in accordance with its terms; and
(c) the Escrow Agreement is authorized under, and the authorization, execution and delivery of the
Escrow Agreement complies with, all applicable federal, state and local laws and regulations (including, but
not limited to, all open meeting, public bidding and public investment (laws) and all applicable judgments and
court orders.
11. The opinion of Lessee’s legal counsel will include statements to the same effect as the representations of
Lessee in paragraph 10 above.
12. It shall be an additional event of default under the Lease if lessee fails to pay or perform any of its obligations
under the Escrow Agreement or this Addendum or if any of the representations of Lessee in the Escrow
Agreement or this Addendum prove to be false, misleading or erroneous in any material respect.
Except as expressly amended by this Rider and other modifications signed by Lessor, the Lease remains
unchanged and in full force and effect.
IN WITNESS WHEREOR, the parties hereto have executed this Rider as of the date first referenced above.
City of San Luis Obispo PNC Equipment Finance, LLC
(Lessee) (Lessor)
By: By
TITLE: TITLE:
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ESCROW AGREEMENT
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made as of April 28, 2016 by and among PNC EQUIPMENT
FINANCE, LLC (“Lessor”), City of San Luis Obispo (“Lessee”) and U.S. BANK NATIONAL ASSOCIATION, as escrow agent
(“Escrow Agent”).
Lessor and Lessee have heretofore entered into that certain Master Lease-Purchase Agreement dated as of
April 28, 2016 (the “Master Lease”) and a Lease Schedule 196140000 thereto dated April 28, 2016 (the “Schedule”
and, together with the terms and conditions of the Master Lease incorporated therein, the “Lease”). The Lease
contemplates that certain equipment described therein (the “Equipment”) is to be acquired from the vendor(s) or
manufacturer(s) thereof. After acceptance of the Equipment by Lessee, the Equipment is to be leased by Lessor to
Lessee pursuant to the terms of the Lease.
The Lease further contemplates that Lessor will deposit an amount equal to the anticipated aggregate
acquisition cost of the Equipment (the “Total Amount Financed”), being $246,817.80, with Escrow Agent to be held in
escrow and applied on the express terms set forth herein. Such deposit, together with all interest and other additions
received with respect thereto (hereinafter the “Escrow Fund”) is to be applied to pay the vendor(s) or manufacturer(s)
of the Equipment (the “Vendor”) its invoice cost (a portion of which may, if required, be paid prior to final acceptance of
the Equipment by Lessee); and, if applicable, to reimburse Lessee for progress payments already made by it to the
Vendor of the Equipment.
The parties desire to set forth the terms on which the Escrow Fund is to be created and to establish the rights
and responsibilities of the parties hereto.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. (a) Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set
forth herein. (b) The moneys and investments held in the Escrow Fund are irrevocably held in trust for the benefit of
Lessee and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as
provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any
creditor of either Lessee or Lessor. Lessor, Lessee and Escrow Agent intend that the Escrow Fund constitute an
escrow account in which Lessee has no legal or equitable right, title or interest until satisfaction in full of all conditions
contained herein for the disbursement of funds by the Escrow Agent therefrom. However, if the parties’ intention that
Lessee shall have no legal or equitable right, title or interest until all conditions for disbursement are satisfied in full is
not respected in any legal proceeding, the parties hereto intend that Lessor have a security interest in the Escrow
Fund, and such security interest is hereby granted by Lessee to secure payment of all sums due to Lessor under the
Lease. For such purpose, Escrow Agent hereby agrees to act as agent for Lessor in connection with the perfection of
such security interest and agrees to note, or cause to be noted, on all books and records relating to the Escrow Fund,
the Lessor’s interest therein.
2. On such day as is determined to the mutual satisfaction of the parties (the “Closing Date”), Lessor shall
deposit with Escrow Agent cash in the amount of the Purchase Price, to be held in escrow by Escrow Agent on the
express terms and conditions set forth herein.
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On the Closing Date, Escrow Agent agrees to accept the deposit of the Purchase Price by Lessor, and further
agrees to hold the amount so deposited together with all interest and other additions received with respect thereto, as
the Escrow Fund hereunder, in escrow on the express terms and conditions set forth herein.
3. Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express
purpose, which shall be clearly identified on the books and records of Escrow Agent as being held in its capacity as
Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to time shall be
held or registered in the name of Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted
by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties
hereto (except with respect to the security interest therein held by Lessor).
4. The cash comprising the Escrow Fund from time to time shall be invested and reinvested by Escrow
Agent in one or more investments as directed by Lessee in Exhibit 1. Escrow Agent will use due diligence to collect
amounts payable under a check or other instrument for the payment of money comprising the Escrow Fund and shall
promptly notify Lessee and Lessor in the event of dishonor of payment under any such check or other instruments..
Interest or other amounts earned and received by Escrow Agent with respect to the Escrow Fund shall be deposited in
and comprise a part of the Escrow Fund.
5. Upon request by Lessee and Lessor, Escrow Agent shall send monthly statements of account to Lessee
and Lessor, which statements shall set forth all withdrawals from and interest earnings on the Escrow Fund as well as
the investments in which the Escrow Fund is invested.
6. Escrow Agent shall take the following actions with respect to the Escrow Fund:
(a) Upon Escrow Agent’s acceptance of the deposit of the Purchase Price, an amount equal to
Escrow Agent’s set-up fee, as set forth on Exhibit 2 hereto, shall be disbursed from the Escrow Fund to
Escrow Agent in payment of such fee.
(b) From time to time, Escrow Agent shall pay to the Vendor of the Equipment payments then due
and payable with respect thereto upon receipt of duly executed Requisition Request and Certificate of
Acceptance form attached as Exhibit 3 hereto, subject to Lessor’s prior written approval of each such
Requisition Request and Certificate of Acceptance.
(c) If an Event of Default or Non-Appropriation Event occurs under the Lease prior to the Lessee’s
acceptance of all the Equipment or to the extent that funds have not been disbursed from the Escrow Fund
within the eighteen-month period identified in the Lease, funds then on deposit in the Escrow Fund shall be
applied to the prepayment of Rent Payments under the Lease as instructed by Lessor.
(d) Upon receipt by Escrow Agent of written notice from Lessor that the purchase price of the
Equipment has been paid in full, Escrow Agent shall apply the then remaining Escrow Fund, first, to all
outstanding fees and expenses incurred by Escrow Agent in connection herewith as evidenced by its
statement forwarded to Lessor and Lessee, and, second, to Lessor for application against the interest
component of Rent Payments under the Lease as provided therein, unless otherwise agreed by Lessor.
7. The fees and expenses, including any legal fees, of Escrow Agent incurred in connection herewith shall
be the responsibility of Lessee. The basic fees and expenses of Escrow Agent shall be as set forth on Exhibit 2 hereto
and Escrow Agent is hereby authorized to deduct such fees and expenses from the Escrow Fund as and when the
same are incurred without any further authorization from Lessee or Lessor. Escrow Agent may employ legal counsel
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and other experts as it deems necessary for advice in connection with its obligations hereunder. Escrow Agent waives
any claim against Lessor with respect to compensation hereunder.
8. Escrow Agent shall have no liability for acting upon any written instruction presented by Lessor in
connection with this Escrow Agreement, which Escrow Agent in good faith believes to be genuine. Furthermore,
Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own
negligence, willful misconduct or bad faith. Escrow Agent shall not be liable for any loss or diminution in value of the
Escrow Fund as a result of the investments made by Escrow Agent.
9. Escrow Agent may resign at any time by giving thirty (30) days’ prior written notice to Lessor and
Lessee. Lessor may at any time remove Escrow Agent as Escrow Agent under this Escrow Agreement upon written
notice. Such removal or resignation shall be effective on the date set forth in the applicable notice. Upon the effective
date of resignation or removal, Escrow Agent will transfer the Escrow Fund to the successor Escrow Agent selected by
Lessor.
10. This Escrow Agreement and the escrow established hereunder shall terminate upon receipt by Escrow
Agent of the written notice from Lessor specified in Section 6(c) or Section 6(d) hereof.
11. In the event of any disagreement between the undersigned or any of them, and/or any other person,
resulting in adverse claims and demands being made in connection with or for any moneys involved herein or affected
hereby, Escrow Agent shall be entitled at its option to refuse to comply with any such claim or demand, so long as
such disagreement shall continue, and in so refusing Escrow Agent may refrain from making any delivery or other
disposition of any moneys involved herein or affected hereby and in so doing Escrow Agent shall not be or become
liable to the undersigned or any of them or to any person or party for its failure or refusal to comply with such
conflicting or adverse demands, and Escrow Agent shall be entitled to continue so to refrain and refuse so to act until:
(a) the rights of the adverse claimants have been finally adjudicated in a court assuming and
having jurisdiction of the parties and the moneys involved herein or affected hereby; or
(b) all differences shall have been adjusted by agreement and Escrow Agent shall have been
notified thereof in writing signed by all of the persons interested.
12. All notices (excluding billings and communications in the ordinary course of business) hereunder shall be
in writing, and shall be sufficiently given and served upon the other party if delivered (a) personally, (b) by United
States registered or certified mail, return receipt requested, postage prepaid, (c) by an overnight delivery by a service
such as Federal Express or Express Mail from which written confirmation of overnight delivery is available, or (d) by
facsimile with a confirmation copy by regular United States mail, postage prepaid, addressed to the other party at its
respective address stated below the signature of such party or at such other address as such party shall from time to
time designate in writing to the other party, and shall be effective from the date of mailing.
13. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and
their respective successors and assigns. No rights or obligations of Escrow Agent under this Escrow Agreement may
be assigned without the prior written consent of Lessor.
14. This Escrow Agreement shall be governed by and construed in accordance with the California laws of
the state of California This Escrow Agreement constitutes the entire agreement between the parties hereto with
respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any
party unless in writing signed by all parties.
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IN WITNESS W HEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the
day and year first above set forth.
PNC EQUIPMENT FINANCE, LLC, as Lessor
By
Name: _________________________________
Title: __________________________________
Address: 155 E. Broad St., 5th Floor
Columbus, OH 43215
City of San Luis Obispo , as Lessee
By ______________________________________
Name: _________________________________
Title: __________________________________
Attention: Finance Director
Address: 990 Palm Street
San Luis Obispo, CA 93401
U.S BANK NATIONAL ASSOCIATION, as Escrow Agent
By
Name: _________________________________
Title: __________________________________
Address: 10 West Broad Street, 12th Floor
Columbus, OH 43215
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EXHIBIT 1
INVESTMENT DIRECTION LETTER
U.S. Bank National Association
10 W. Broad St.
CN OH TT4
Columbus, OH 43215
Re: Escrow Agreement dated as of April 28, 2016,
among PNC Equipment Finance, LLC as Lessor,
City of San Luis Obispo as Lessee, and
U.S. Bank National Association, as Escrow Agent
Ladies and Gentlemen:
Pursuant to the above-referenced Escrow Agreement, $246,817.80 will be deposited in escrow with you on or
about April 28, 216. Such funds shall be invested in one or more of the following qualified investments in the amounts
indicated:
AMOUNT OF
PLEASE CHECK DESIRED QUALIFIED INVESTMENTS: INVESTMENT
1.
Direct general obligations of the United States of
America;
$ __________
2.
Obligations – the timely payment of the principal of and interest on which is fully and unconditionally guaranteed by the United States of America;
$
3.
General obligations of the agencies and instrumentalities of the United States of America acceptable to Lessor;
$
4.
Money market funds whose investment parameters target investments in securities as described above;
$
IF NONE OF THE ABOVE BOXES ARE CHECKED, INVESTMENT SHALL BE MADE IN MONEY MARKET
FUNDS AS DESCRIBED IN THE FOURTH CATEGORY ABOVE, UNTIL LESSEE DIRECTS OTHERWISE.
Very truly yours,
CITY OF SAN LUIS OBISPO, AS LESSEE
By: _______________________________________
Name: _________________________________
Title: __________________________________
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EXHIBIT 2
ESCROW AGENT FEES AND EXPENSES
SET-UP FEES
$250.00 payable from the Escrow Fund upon acceptance of escrow deposit.
EXPENSES
Any and all out-of-pocket expenses incurred by Escrow Agent will be the responsibility of Lessee and paid
from the Escrow Fund.
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Packet Pg. 277 Attachment: i - Master lease agreement with PNC Equipment Finance (1300 : Fleet Replacement Acceleration)
155 E. Broad St., B4-B230-05-7,
Columbus, Ohio 43215 • Telephone (800) 811-4796
Please Retain for Future Reference
Page No. 1
INVOICE # 04282016
Bill To:
City of San Luis Obispo
2160 Santa Barbara Ave
San Luis Obispo, CA 93401
Remit To:
PNC Equipment Finance, LLC
155 E. Broad St., B4-B230-05-7
Columbus, OH 43215
INVOICE
Lease No. 196140000
Initial Charges:
Escrow Payment $250.00
PAY THIS AMOUNT $250.00
INVOICE DATE
3/28/2016
DUE DATE
4/28/2016
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F-2004.1-1 MMDA Eff: 4/30/04
U.S. BANK NATIONAL ASSOCIATION
MONEY MARKET ACCOUNT
DESCRIPTION AND TERMS
The U.S. Bank Money Market account is an U.S. Bank National Association (“U.S. Bank”) interest-bearing
time deposit account designed to meet the needs of U.S. Bank’s Corporate Trust Services Escrow Group
and other Corporate Trust customers of U.S. Bank. Selection of this investment includes authorization to
place funds on deposit with U.S. Bank.
U.S. Bank uses the daily balance method to calculate interest on this account (actual/365 or 366) by
applying a daily periodic rate to the principal balance in the account each day. Interest is accrued daily and
credited monthly to the account. Interest rates are determined at U.S. Bank’s discretion, and may be tiered
based on customer deposit amount.
The owner of the account is U.S. Bank as Agent for its trust customers. U.S. Bank’s trust department
performs all account deposits and withdrawals. The deposit account is insured by the Federal Deposit
Insurance Corporation up to $250,000.
AUTOMATIC AUTHORIZATION
In the absence of specific written direction to the contrary, U.S. Bank is hereby directed to invest and
reinvest proceeds and other available moneys in the U.S. Bank Money Market Account.
City of San Luis Obispo ___________________________________
Company Name Signature of Authorized Directing Party
____________________________________
Trust Account Number – includes existing Title / Date
and future sub-accounts unless otherwise directed
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EXHIBIT 3
REQUISITION REQUEST AND CERTIFICATE OF ACCEPTANCE NO._______
(to be submitted with each requisition request for payment to the vendor)
-or-
____ (√) FINAL REQUISITION REQUEST AND CERTIFICATE OF ACCEPTANCE
(to be submitted with the final requisition request upon acceptance of the Equipment)
The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained under that certain
Escrow Agreement dated as of April 28, 2016 (the “Escrow Agreement”) by and among PNC Equipment Finance, LLC (the
“Lessor”), City of San Luis Obispo (the “Lessee”), and U.S. Bank National Association (the “Escrow Agent”), the amount set
forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been
paid by and not previously reimbursed to Lessee) with respect to equipment being leased under that certain Master
Lease-Purchase Agreement dated as of April 28, 2016 (the “Master Lease”) and Lease Schedule 196140000 thereto dated
April 28, 2016 (the “Schedule” and, together with the terms and conditions of the Master Lease incorporated therein, the
“Lease”), by and between the Lessor and the Lessee, and has not formed the basis of any prior requisition request.
PAYEE AMOUNT
Total requisition amount $______________
The undersigned, as Lessee under the Lease hereby certifies:
1. The items of the Equipment, as such term is defined in the Lease, fully and accurately described on the
Equipment List attached hereto have been delivered and installed at the location(s) set forth therein.
2. A present need exists for the Equipment which need is not temporary or expected to diminish in the near future.
The Equipment is essential to and will be used by the Lessee only for the purpose of performing one or more governmental
functions of Lessee consistent with the permissible scope of Lessee’s authority.
3. The estimated useful life of the Equipment based upon the manufacturer’s representations and the Lessee’s
projected needs is not less than the Lease Term of lease with respect to the Equipment.
4. The Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and
appropriate and hereby acknowledges that it accepts the Equipment for all purposes as of the date of this Certificate.
5. The Equipment is covered by insurance in the types and amounts required by the Lease.
6. No Event of Default or Non-Appropriation Event, as each such term is defined in the Lease, and no event
which with the giving of notice or lapse of time, or both, would become such an Event of Default or Non-Appropriation Event
has occurred and is continuing on the date hereof.
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7. Sufficient funds have been appropriated by the Lessee for the payment of all Rent Payments due under the
Lease during Lessee’s current fiscal year.
8. Based on the foregoing, Lessor is hereby authorized and directed to fund the acquisition of the Equipment set
forth on the Equipment List by paying, or causing to be paid, the manufacturer(s)/vendor(s) the amounts set forth on the
attached invoices.
9. The following documents are attached hereto and made a part hereof:
(a) Original Invoice(s);
(b) Copies of Certificate(s) of Origin designating Lessor as lienholder if any part of the Equipment
consists of motor vehicles, and evidence of filing; and
(c) Requisition for Payment
10. If this is the final acceptance of Equipment, then as of the Acceptance Date stated below and as between the
Lessee and the Lessor, the Lessee hereby agrees that: (a) the Lessee has received and inspected all of the Equipment
described in the Lease; (b) all Equipment is in good working order and complies with all purchase orders, contracts and
specification; (c) the Lessee accepts all Equipment for purposes of the Lease “as-is, where-is”; and (d) the Lessee waives
any right to revoke such acceptance.
If Lessee paid an invoice prior to the commencement date of the Lease and is requesting reimbursement for such payment,
also attach a copy of evidence of such payment together with a copy of Lessee’s Declaration of Official Intent and other
evidence that Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. §1.150-2.
Acceptance Date: __________________
City of San Luis Obispo , as Lessee
By
Name: _________________________________
Title: ___________________________________
Date: ______________________________________
PNC Equipment Finance, LLC, as Lessor
By:
Title:
Date:
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PNC Equipment Finance, LLC
INFORMATION REQUEST
LESSEE NAME: City of San Luis Obispo
FEDERAL TAX I.D. # ___________________________________________
BILLING ADDRESS:
________________________________________________________________________
Billing Contact
________________________________________________________________________
Street Address or Post Office Box
________________________________________________________________________
City, State and Zip
_____________________________________________________________________________________
Phone Number Fax Number
____________________________________________
Email Address
PHYSICAL ADDRESS (IF DIFFERENT):
________________________________________________________________________
Street Address or Post Office Box
________________________________________________________________________
City, State and Zip
Require Board Approval for Payments? _______ Yes _______ No
Board Meeting Date? ___________________
Require signed vouchers for payments? _______ Yes _______ No
We typically mail our invoices 30 days in advance. Taking into account a 7-day mail period, do you foresee any problem that
would prevent the payment from being received on or before the due date?
______ Yes _______ No
Please list any special instructions below:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
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Packet Pg. 282 Attachment: i - Master lease agreement with PNC Equipment Finance (1300 : Fleet Replacement Acceleration)
Form 8038-G
(Rev. September 2011)
Department of the Treasury
Internal Revenue Service
Information Return for Tax-Exempt Governmental Obligations
▶ Under Internal Revenue Code section 149(e)
▶ See separate instructions.
Caution: If the issue price is under $100,000, use Form 8038-GC.
OMB No. 1545-0720
Part I Reporting Authority If Amended Return, check here ▶
1 Issuer’s name 2 Issuer’s employer identification number (EIN)
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a
4 Number and street (or P.O. box if mail is not delivered to street address)Room/suite 5 Report number (For IRS Use Only)
3
6 City, town, or post office, state, and ZIP code 7 Date of issue
8 Name of issue 9 CUSIP number
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see
instructions)
10b Telephone number of officer or other
employee shown on 10a
Part II Type of Issue (enter the issue price). See the instructions and attach schedule.
11 Education ..............................11
12 Health and hospital ..........................12
13 Transportation ............................13
14 Public safety .............................14
15 Environment (including sewage bonds) ....................15
16 Housing ..............................16
17 Utilities ..............................17
18 Other. Describe ▶18
19 If obligations are TANs or RANs, check only box 19a ............. ▶
If obligations are BANs, check only box 19b ................ ▶
20 If obligations are in the form of a lease or installment sale, check box ........ ▶
Part III Description of Obligations. Complete for the entire issue for which this form is being filed.
21
(a) Final maturity date (b) Issue price (c) Stated redemption
price at maturity
(d) Weighted
average maturity (e) Yield
$ $ years %
Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount)
22 Proceeds used for accrued interest .....................22
23 Issue price of entire issue (enter amount from line 21, column (b)) ...........23
24 Proceeds used for bond issuance costs (including underwriters’ discount) ..24
25 Proceeds used for credit enhancement ............25
26 Proceeds allocated to reasonably required reserve or replacement fund .26
27 Proceeds used to currently refund prior issues .........27
28 Proceeds used to advance refund prior issues .........28
29 Total (add lines 24 through 28) .......................29
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ...30
Part V Description of Refunded Bonds. Complete this part only for refunding bonds.
31 Enter the remaining weighted average maturity of the bonds to be currently refunded .... ▶years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded .... ▶years
33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) ...... ▶
34 Enter the date(s) the refunded bonds were issued ▶ (MM/DD/YYYY)
For Paperwork Reduction Act Notice, see separate instructions.Cat. No. 63773S Form 8038-G (Rev. 9-2011)
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Form 8038-G (Rev. 9-2011)Page 2
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ....35
36 a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(GIC) (see instructions) .........................36a
b Enter the final maturity date of the GIC ▶
c Enter the name of the GIC provider ▶
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units ........................37
38 a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ▶and enter the following information:
b Enter the date of the master pool obligation ▶
c Enter the EIN of the issuer of the master pool obligation ▶
d Enter the name of the issuer of the master pool obligation ▶
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box .... ▶
40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ............. ▶
41 a If the issuer has identified a hedge, check here ▶and enter the following information:
b Name of hedge provider ▶
c Type of hedge ▶
d Term of hedge ▶
42 If the issuer has superintegrated the hedge, check box ..................... ▶
43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box ........ ▶
44 If the issuer has established written procedures to monitor the requirements of section 148, check box ..... ▶
45a If some portion of the proceeds was used to reimburse expenditures, check here ▶and enter the amount
of reimbursement ......... ▶
b Enter the date the official intent was adopted ▶
Signature
and
Consent
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to
process this return, to the person that I have authorized above.▲Signature of issuer’s authorized representative Date ▲Type or print name and title
Paid
Preparer
Use Only
Print/Type preparer’s name Preparer's signature Date Check if
self-employed
PTIN
Firm’s name ▶
Firm's address ▶
Firm's EIN ▶
Phone no.
Form 8038-G (Rev. 9-2011)
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R ______
RESOLUTION NO. _____ (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE LEASE PURCHASE OF A
FIRE ENGINE AND A STREET SWEEPER FROM PNC EQUIPMENT
FINANCE, LLC AND APPROVING THE FINAL FORM OF FINANCING
DOCUMENTS AND OFFICIAL ACTIONS
WHEREAS, the City of San Luis Obispo (the “City”) is a political subdivision of the
State of California and is duly organized and exist ing pursuant to the Constitution and laws of
the State; and
WHEREAS, the City of San Luis Obispo (the “City”) maintains fire protection and street
maintenance services and which includes rolling stock equipment which must be replaced from
time to time.
WHEREAS, pursuant to applicable law, the City of San Luis Obispo may acquire,
dispose of and encumber real and personal property, including, without limitation, rights and
interest in property, leases and easements necessary to the functions or operations of the city.
WHEREAS, the City Council has considered a Lease Purchase Financing proposal
offered by PNC Equipment Finance, LLC and desires to authorize the execution of the lease in
the amount of $1,141,468.09.
WHEREAS, the final form of the legal documentation relating to the financing has been
prepared and the City Council wishes at this time to approve the final financing plan and the
final form of such legal documentation
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows/or that (whatever action is needed):
SECTION 1. Approval of Lease Purchase Financing Proposal. The City Council hereby
approves the Lease Purchase of a new 2016 Pierce Arrow XT PUC Quint Aerial Fire Apparatus
in the not to exceed amount of $894,650.29 and a new 2016 TYMCO Model 600 Regenerative
Air Street Sweeper Truck in the not to exceed amount of $246,817.80 from PNC Equipment
Finance, LLC in accordance with the Lender Financing Proposal in the form on file with the City
Clerk.
SECTION 2. The City’s obligations under the Lease shall be subject to annual
appropriation or renewal by the City Council as set forth in the Lease and the Municipality’s
obligations under the Lease shall not constitute general obligations of the Municipality or
indebtedness under the Constitution or laws of the State.
SECTION 3. Master Lease Purchase Agreement. The City Council hereby approves the
Master Lease Purchase Agreement relating to the financing of the fire engine, between the City
and PNC Equipment Finance, LLC in the form thereof on file with the City Clerk together with
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Resolution No. _____ (2016 Series) Page 2
R ______
any changes therein or additions thereto deemed advisable by an Authorized Officer; provided
that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval
of any such changes or additions. An Authorized
Officer is hereby authorized and directed for and in the name and on behalf of the City to
execute, and the City Clerk is hereby authorized and directed to attest, the final form of the
Installment Sale Agreement.
SECTION 4. Official Actions. The Mayor, the City Manager, the Director of Finance
and Information Technology, the City Clerk and all other officers of the City are each authorized
and directed in the name and on behalf of the City to make any and all assignments, certificates,
requisitions, agreements, notices, consents, instruments of conveyance, warrants and other
documents, which they or any of them deem necessary or appropriate in order to consummate
any of the transactions contemplated by the agreements and documents approved under this
Resolution. Whenever in this Resolution any officer of the City is authorized to execute or
countersign any document or take any action, such execution, countersigning or action may be
taken on behalf of such officer by any person designated by such officer to act on his or her
behalf in the case such officer is absent or unavailable.
SECTION 5. As to the Lease Agreement, the City reasonably anticipates to issue not
more than $10,000,000 of tax-exempt obligations (other than “private activity bonds” which are
not “qualified 501(c)(3) bonds”) during the current calendar year in which the Lease is issued
and hereby designates this Lease as a qualified tax -exempt obligation for purposes of Section
265(b) of the Internal Revenue Code of 1986, as amended.
SECTION 6. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
____________________________________
Mayor Jan Marx
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Resolution No. _____ (2016 Series) Page 3
R ______
ATTEST:
____________________________________
Lee Price, MMC
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 ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Page intentionally left
blank.
Meeting Date: 4/19/2016
FROM: Derek Johnson, Assistant City Manager/Interim Finance and IT Director
Prepared By: Marjorie Hernandez, Supervising Accounting Assistant
SUBJECT: REQUEST FOR PROPOSALS FOR BUSINESS LICENSE COMPLIANCE
SERVICES
RECOMMENDATION
Authorize the issuance of a Request for Proposal for Business License Compliance Services and
authorize the City Manager to enter into an agreement not to exceed $32,0 00 for 2015-2016 and
$30,000 for 2016-2017.
DISCUSSION
The 2015-2017 Financial Plan included funding to obtain professional services from an
experienced company that is capable of identifying unlicensed businesses within the community
and bringing them into compliance with the City’s business license ordinance. Prior notification
to businesses regarding this effort will be provided. . $32,000 was appropriated in the budget for
the 2015-2016 Fiscal Year and $30,000 for the 2016-2017 Fiscal Year. Request for Proposals
(RFP) for consultant services in excess of $50,000 must be authorized by the City Council.
The City’s business community expects for everyone to operate on a level playing field. This
includes the assumption that a properly licensed and permitted business will be competing
against a similarly permitted and licensed business. When a new business does not obtain the
proper licensing or does not pay the taxes required of their existing license, both a perceived and
actual imbalance between businesses occurs. The intent of this request is to ensure that all
businesses are educated on the need to obtain and maintain a business license and that all
businesses pay the appropriate amount of taxes to the city.
FISCAL IMPACT
The 2015-17 Financial Plan provides funding for business license compliance services to
increase business license compliance of businesses operating and located within the City limits
of San Luis Obispo. There will also be a net increase in business license tax revenues after
offsetting the cost of providing this service.
ALTERNATIVES
The City Council could not authorize the request for proposal. This is not recommended as this
was a budgeted expenditure with the goal of increasing business license compliance. Greater
11
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business license compliance will be fairer to those that comply with the requirements and will
generate more revenue for City services.
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Proposals for
Business License Compliance Services
The City of San Luis Obispo is requesting proposals for business license compliance services pursuant to
Specification No. 91449. All proposals must be received by the Department of Finance and Information
Technology Division by [time, date] when they will be opened publicly in the City Hall Council
Chambers, 990 Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Department of Finance and Information Technology in a sealed
envelope plainly marked with the proposal title, specification number, proposer name, and time and date
of the proposal opening. Proposals shall be submitted using the forms provided in the specification
package.
Specification packages and additional information may be obtained on the City of San Luis Obispo's
website http://www.slocity.org/finance/bids.asp or by contacting Marjorie Hernandez at (805) 781-7436.
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Specification No. 91449
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 3
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 6
Contract Term
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Start and Completion of Work
Accuracy of Specifications
D. Agreement 11
E. Insurance Requirements 13
F. Proposal Submittal Forms 15
Proposal Submittal Summary
References
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Section A
DESCRIPTION OF WORK
OVERVIEW
The City is requesting proposals for business license compliance services on a one-time, limited
term basis.
The City operates as a Charter City and has a council-manager form of government. The City is
located on the Central Coast of California, has a population of approximately 45,000 and serves
as the County seat. Currently the City has approximately 8,000 business license holders,
including 1,500 which are located outside the City. The City is home to a mix of businesses
operating from fixed commercial locations, from home-based operations, from mobile platforms
and via the internet. Approximately 2/3 of the single family homes are rented or leased to
tenants. Finally, a number of homes are rented for the purpose of providing short-term vacation
stays to visitors from outside the area. More information about the City is available on our web
site at www.slocity.org.
SCOPE OF SERVICES
1. Business License Compliance - Develop and execute a work plan that incorporates the following
elements:
a. Provides advance notice to the business community of an upcoming business license
enforcement effort that is designed to identify businesses that are operating within the
City of San Luis Obispo without a business license.
b. Demonstrates how a full understanding of the City’s business license ordinance shall be
established and maintained by all employees who will participate in this engagement.
c. Demonstrates the methods that will be used to identify each type of business that
operates within the City of San Luis Obispo to maximize compliance with the business
license ordinance.
d. Demonstrates the methods and types of notifications that will be issued as part of a
program designed to collect unpaid and delinquent business license fees and taxes.
e. Demonstrates the manner in which the employees of the consultant will establish
communications with employees of the City in order to ensure that consistent
information is shared between consultant, the City, and the business community.
f. Demonstrate how an amnesty program might be utilized in order to incentivize
unlicensed businesses to comply with the business license ordinance.
2. Business License Tax Consultation
a. Provide as needed consultation services aimed at maintaining and enhancing the City’s
Business License tax revenue base, covering such topics as: revenue forecasting
assistance, statewide trends, specific opportunities and potential challenges to the City;
b. Provide timely information regarding existing and proposed legislation that could affect
Business License tax revenues, specifically indicating how the City might be impacted;
c. Review the City’s Business License ordinance and provide feedback and suggestions for
its improvement;
d. Review City’s Business License tax remittance materials and make suggestions for
improvement;
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e. Train City staff on optimum license renewal processing techniques to maximize accurate
and timely compliance;
f. Aid the City in developing a plan for changing the business license renewal date from
July 31st to a time frame that creates less conflicting workload on existing staff.
3. Other Services
There are services not otherwise identified in the City’s RFP that the proposer may offer to the
City. Proposals are not required to address any additional services in order to be considered an
acceptable proposal. However, final selection of the successful proposer may be based on the
desirability and cost of the additional services offered. These may include the following:
a. Identify whether material levels of gross receipt underreporting has occurred for one or
more business sectors and provide a work plan that will provide for the confirmation of
the gross receipt reporting that has been provided to the City by these businesses.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet
all of the terms, and conditions of this Request for Proposals (RFP) specifications package. By
virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Content. The substance of the proposal will carry more weight than the form or
manner of presentation. The proposal should demonstrate the qualifications of the firm and of
the particular staff to be assigned to the engagement. The proposal document must demonstr ate
not only how your firm will successfully carryout the scope of work but must also describe how
it has done so for other California cities. The proposal should be prepared in a straightforward
and economical manner, providing a concise description of t he proposer’s capabilities to satisfy
the requirements of the RFP. The proposal must provide responses to the evaluation points
shown below.
a. Company Qualifications and Experience. To qualify, the firm must have
comprehensive experience with the administration of business license processes of local
governments. The proposal should state the staff size of the firm, the location of the
office from which the work on this engagement is to be performed, and the number and
titles of the professional staff to be employed in this engagement. The proposal must
include current resumes for all staff that will be assigned to this engagement.
b. Similar Engagements with Other Government Entities. List the most significant
engagements performed within the last three (3) years with other governmental entities
that are similar to the engagement listed in this RFP. Provide client contact information
for each of these engagements, including the client’s name, contact individual’s name,
address, phone number and email address. (The City reserves the right to contact any or
all of the listed references regarding services performed by the proposer).
c. References. Provide three local government references from agencies for which your
firm is currently providing services that most closely match those called for in this RFP.
Reference information shall be for the most senior staff member with whom your staff
interacts during the engagement. Please include the client’s name, contact individual’s
name and job title, address, phone number and email address.
3. Sample Documentation. Provide with the proposal document, copies of previously used notices
and other communications that have been used successfully when your firm interacted with the
business community and others in previous similar engagements.
4. Proposal Submittal. Each proposal must be submitted in the format described in the RFP
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the
Department of Finance and Information Technology, City of San Luis Obispo, 990 Palm Street,
San Luis Obispo, CA, 93401. The submittal package shall include 1 (one) hardcopy version of
the proposal and a thumb drive containing electronic versions of the documents provided in
hardcopy form. Each electronic document provided on the thumb drive shall be properly labeled
with regard to the order in which it appears in print. It is the responsibility of the firm submitting
a proposal to ensure that the electronic document(s) submitted are protected to ensure that no
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changes can be made to the submittal once it is in the possession of the city. In order to guard
against premature opening, the proposal should be clearly labeled with the proposal title,
specification number, name of bidder, and date and time of proposal opening. No FAX
submittals will be accepted.
5. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
6. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
representing the bidder's intention and the proposal total will be corrected to conform to the
specified unit price.
7. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance and Information Technology for its withdrawal, in which event the proposal
will be returned to the proposer unopened. No proposal received after the time specified or at
any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Proposers or their representatives are invited to
be present at the opening of the proposals.
8. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal, except an alternative proposal
when specifically requested; however, an individual or business entity that has submitted a sub -
proposal to a proposer submitting a proposal, or who has quoted prices on materials to such
proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other proposers submitting proposals.
9. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not encouraged,
but will be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
of 60 days for examination and comparison. The City also reserves the right to waive
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one
part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "special terms and conditions" in Section C of these specifications
for proposal evaluation and contract award criteria.
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11. Competency and Responsibility of Proposer. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of proposers. Proposers
will provide, in a timely manner, all information that the City deems necessary to make such a
decision.
12. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made in the form
adopted by the City and incorporated in these specifications.
13. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
14. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
15. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
16. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
17. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
18. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
19. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
20. Public and Employee Safety. Whenever the Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or damage
or injury to the public and employees.
21. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor's operations, it shall be replaced or restored at the
Contractor's expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
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22. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized t o work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
23. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
24. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such
extensions prior to the completion date of the contract, the City may, at the time of acceptance of
the work, waive liquidated damages that may have accrued for failure to complete on time, due to
any of the above, after hearing evidence as to the reasons for such delay, and making a finding as
to the causes of same.
25. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment or services provided by the
Contractor (Net 30).
26. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contr act requirements.
27. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
28. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or
degree with the performance of the work hereunder. The Contractor further covenants th at, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
29. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect
and hold the City and its agents, officers and employees harmless from and against any and
all claims asserted or liability established for damages or injuries to any person or property,
including injury to the Contractor's employees, agents or officers that arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the
Contractor, and its agents, officers or employees, in performing the work or services herein,
and all expenses of investigating and defending against same; provided, however, that the
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Contractor's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents,
officers or employees.
30. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
31. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor
in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibi lities, or rights under the contract
except, however, any and all obligations of the Contractor's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods performed
or provided by the Contractor shall be based solely on the City's assessment of the value of the
work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
Notwithstanding anything herein to the contrary, City reserves the right and Contractor hereby
agrees that City may terminate this Agreement without cause and for any reason whatsoever
upon thirty (30) days prior written notice.
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Section C
SPECIAL TERMS AND CONDITIONS
1 Contract Term. The term of the contract shall be for a limited term as mutually agreed to by
both parties.
2. Proposal Content. Formatting of all information and documentation is left to the discretion of
the proposer. However, proposals should contain the following forms providing the information
called for here and elsewhere in this document. Please avoid the use of advertising material in
your submittal. Proposals should meet the following guidelines.
a. Proposals should not be excessively long, including attachments and supplemental
materials. The proposal should be prepared simply and economically, providing a
straightforward, concise presentation of the information requested. Please keep
marketing material to a minimum and emphasize factual material.
b. The required font size is 12 point, with minimum left and right margins of one -inch, and
top and bottom margins of 0.7 inches.
c. One (1) hardcopy version of the proposal must be submitted along with an electronic
version submitted on a thumb drive that has been scanned for viruses immediately before
submittal to the City. The electronic version (PDF) of the proposal shall include all of
the documents reflected in the hard copy version, with all material organized e xactly as it
is within the hard copy version.
(Note: For ease of proposal preparation, proposers are asked to prepare their own
proposal submittal forms as long as they contain the information requested below, in the
same order that each item is listed here)
d. Proposal submittal cover letter and signature page. (item 1 in submittal, cover letter to be
no more than 2 pages in length)
e. To qualify, the firm must have comprehensive experience in business license processes
of local governments. The proposal should state the staff size of the firm, the location of
the office from which the work on this engagement is to be performed, and the number
and jot titles for the staff who will be employed on this engagement. Provide resumes
for all staff assigned to this engagement and an organization chart showing the
relationship of staff assigned to this engagement in relation to the rest of the firm’
f. The proposer must identify the municipal clients for which it has performed its most
significant work on tasks similar to those called for in this document within the past 3
years. The nature of each engagement should be described here. Provide client contact
information for each of these clients including contact’s name, title, phone and email
address.
g. Provide three (3) local government references from agencies for which you are currently
providing services that most closely match those called for in this document. Provide
client contact information for each of these clients including contact’s name, title, ph one
and email address.
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h. Provide a timeline for completing the engagement which identifies major work tasks and
milestone dates, assuming that the enforcement phase of the scope of work begins in
January 2016.
i. Provide samples of letters and other documents that you believe represent successful
efforts to contact the business community regarding the need to comply with the Business
License Ordinance.
4. References. From each of the California municipalities for whom you have provided similar
services within the past 3 (three) years see form provided in References Section of this
document.
5. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based
on the following criteria:
a. Understanding of the work required by the City
b. Quality, clarity and responsiveness of the proposal, including attention to form submittal
requirement details
c. Demonstrated competence and professional qualifications necessary for satisfactory
performance of the work required by the City
d. Recent experience in successfully performing similar services for comparable cities
f. Proposed approach in completing the work
g. References
h. Background and related experience of the specific individuals to be assigned to this work
i. Proposed compensation
As reflected above, contract award will not be based solely on price, but on a combination
of factors as determined to be in the best interest of the City. After evaluating the
proposals and discussing them further with the finalists or the tentatively selected
consultant, the City reserves the right to further negotiate the proposed work and/or
method and amount of compensation
6. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 4/15
b. Receive proposals 5/15
c. Complete proposal evaluation 6/15
d. Finalize staff recommendation 7/25
e. Award contract 8/15
f. Execute contract 9/01
g. Start work 9/15
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2. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Contractor without the prior written approval of the City.
3. Copies of Reports and Information. If the City requests additional copies of reports, or any
other material in addition to what the Contractor is required to furnish in limited quantities as
part of the work or services under these specifications, the Contractor shall provide such
additional copies as are requested, and City shall compensate the Contractor for the costs of
duplicating of such copies at the Contractor's direct expense.
4. Non-Exclusive Contract. The City reserves the right to contract with other firms for business
license processing services during the term of the contract.
5. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at as many public meetings as needed to present and discuss
its findings and recommendations. Contractor shall attend as many "working" meetings with
staff as necessary in performing workscope tasks.
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City invited requested proposals for business license compliance services per
Specification No. 91449.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as
first written above, until_______________________.
2. INCORPORATION BY REFERENCE. City Specification No. 91449 and Contractor's
proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any
conflicts between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s
specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Consultant shall receive therefore compensation as set forth in Exhibit A of this agreement.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by
this Agreement.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the Council of the City.
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6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant Name
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO
________________________________ By:_____________________________________
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
________________________________ By: _____________________________________
City Attorney
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Section E
INSURANCE REQUIREMENTS
Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automo bile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupie d or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
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3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endor sements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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PROPOSAL SUBMITTAL FORM
Business License Compliance Services
The authorized representative identified below declares that he or she:
Has carefully examined Specification No. 91449, which is hereby made a part of this proposal.
Is thoroughly familiar with its contents.
Is authorized to represent the proposing firm.
Agrees to perform the work as set forth in this proposal.
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Please provide in the space below, the references requested earlier in the document. If you need more
room, please make a copy of this form and attach it. The City reserves the right to contact each of the
references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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BIDDERS LIST
BUSINESS LICENSE COMPLIANCE SERVICES—SPECIFICATION NO. 91449
MuniServices LLC
Mary Flynn
7625 N Parm Ave, Suite 108
Fresno, CA 93711
(626) 536-2173 Phone No
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Lance Soll & Lunghard, LLP
13305 Penn St, Suite 200
Whittier, CA 90602
(562 945-1611 Phone No
(562) 693-4636 Fax No
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
HDL Companies
George Bonin
1340 Valley Vista Dr., Suite 200
Diamond Bar, CA 91765
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Municipal Auditing Services LLC
Contact Name
P O Box 11866
Fresno, CA 93775-186
(559) 277-5990 Phone No
(559) 277-5929 Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
NOTE: Not to be included with Bidder's Package when mailed or handed
out. This should be included and referenced as an attachment to the
Council Agenda Report or City Manager Report.
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blank.
Meeting Date: 4/19/2016
FROM: Michael Codron, Community Development Director
Prepared By: Jenny Wiseman, Planning Technician
SUBJECT: REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN
LUIS OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO
ACQUIRE AND REHABILITATE 55 AFFORDABLE HOUSING UNITS AT
1092 ORCUTT ROAD, 1102 IRONBARK, AND 1363 PISMO STREET.
RECOMMENDATION
1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA)
of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986; and
2. Adopt a resolution (Attachment A) allowing the issuance of a tax-exempt loan by the
Housing Authority of the City of San Luis Obispo to acquire and rehabilitate Laurel
Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments.
DISCUSSION
Background
The Housing Authority of the City of San Luis Obispo (the “Authority”) is requesting that the
Council hold a public hearing regarding the issuance of a tax-exempt loan to acquire and
rehabilitate 55 units of affordable housing. The units are located in the Laurel Creek Apartments
(1092 Orcutt Road), Ironbark Apartments (1102 Ironbark), and Pismo Buchon Apartments (1363
Pismo).
Although there is no financial participation (or liability, direct or indirect) by the City in
approving the issuance of this “conduit” financing, Council conduct of a public hearing and
approval of the issuance is required under federal regulations for tax-exempt financing.
The Housing Authority was the original developer for Laurel Creek Apartments, Ironbark
Apartments, and Pismo Buchon Apartments, to provide additional affordable housing in the City
of San Luis Obispo. The primary funding source for each of these projects was the low-income
housing tax credits awarded by the California Tax Credit Allocation Committee (TCAC). These
tax credits were then purchased by an investor who became a limited partner. California statute
does not allow Housing Authorities to be a party in these partnerships, so the Housing Authority
transferred its interest to San Luis Obispo Non-profit Housing Corporation (SLONP). SLONP
serves as the sole Managing General Partner. The partnerships have a 15 year compliance period
over which the tax credits are earned. After the 15 years, the limited partner has the option to
seek a buyer for its interest.
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Laurel Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments have all passed
the 15 year compliance period, and the limited partner, WNC & Associates, wishes to dissolve
the partnership and sell its interest in the properties. All of the properties have capital
improvement needs that must be addressed in the near future. The combined dollar value of
capital improvements needed is approximately $1,820,000.
The Housing Authority wishes to purchase the partnership interests in Laurel Creek Apartments,
Ironbark Apartments, and Pismo Buchon Apartments. The Housing Authority will then work
with SLONP to form a new partnership to apply for new tax credits and tax-exempt bonds to
provide funding for the acquisition and capital improvement that are necessary.
Project Summary
1. Laurel Creek Apartments is a 24 unit affordable rental apartment complex located at 1092
Orcutt Road. Laurel Creek Apartments was placed into service in June 1994 and is in need
of approximately $1,200,000 in capital improvements.
2. Ironbark Apartments, located at 1102 Ironbark, has 20 affordable rental units and was placed
into service in November 1995. Approximately $20,000 per unit in capital improvements is
needed for the site, for a total of $400,000.
3. Pismo Buchon Apartments are located at 1363 Pismo Street. The affordable housing complex
has 11 rental units and was placed into service in 2000. Approximately $220,000 is needed in
capital improvements for this complex.
4. The issuance of the Bond requires that the Council conduct a publ ic hearing regarding the
financing of the Project under the Tax Equity and Fiscal Responsibility Act of 1982
(“TEFRA”), and pursuant to the requirements of the Internal Revenue Code of 1986. The
TEFRA public hearing allows Council to adopt a resolution approving the issuance by the
Authority of the Bonds, in order to maintain purchase and rehabilitate the three housing
facilities.
No City Liability for the Financing
There is no City liability in approving the issuance of conduit financing. The bonds are payable
solely from the payments by the Borrower on a loan made to it (the “Borrower Loan”) by the
Authority from the proceeds of the Bonds. The rental payments by tenants in the Project are the
source of revenue used by the Borrower to repay the Borrower Loan. The City has no financial,
legal, or moral obligation, liability or responsibility for the Project or for the repayment of the
Bonds or the repayment of the Borrower Loan. The documents for the Bonds clearly provide that
the Bonds are payable solely from payments on the Borrower Loan made by the Borrower.
Outside of holding this hearing and adopting the required resolution, no other participation or
activity of the City with respect to the bonds will be required.
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City’s Conduit Financing Policy
While the Council is not obligated to approve this request, it would be consistent with past City
actions regarding the Project. Requests for conduit financing are considered based on the liability
to the City in issuing the bonds on behalf of the applicant, determining that there is a clear public
purpose in providing this financing, and that the applicant is capable of achieving the public
purpose.
Under the City’s debt financing and management policies, outlined in the 2015-17 Financial
Plan, consideration of a request for conduit financing is generally a two-step process:
1. First ask the Council if they are interested in considering the request , and if so, establish
the ground rules for evaluating it.
2. Return to the Council with the results of this evaluation and recommend approval of
appropriate financing documents if warranted.
Given the Council’s prior approval of conduit financing to the Housing Authority in the past, and
due to the close and ongoing working relationship between the City and Housing Authority; staff
recommends that the Council find that the Housing Authority is capable of achieving the public
purpose of maintaining and providing affordable housing funded partially through tax-exempt
loans.
City’s Past Experience with Conduit Housing Bonds
The City has approved nine “conduit” housing bond issues in the past as reflected in the
following summary. There have been no financial difficulties with any of these bond issues.
1. 1985. 168-unit apartment development on Southwood Drive (refinanced in 1993).
2. 1998. 30-unit development (all affordable for seniors and persons with disabilities) on
Brizzolara Street.
3. 1999. 122-unit apartment development by the De Vaul Ranch Company, of which 26 units
will be affordable: 24 for “very-low” and 2 for “moderate” income households.
4. 2002. 19-unit senior apartment development at 433 Pacific Street (Pacific and Carmel).
5. 2005. 40 affordable one-bedroom units for seniors as well as one manager’s unit in an
existing historic single-family residence at 2005 Johnson Avenue (“Del Rio Terrace”).
6. 2009 and 2011. 8-unit housing project at 1468 East Foothill Boulevard for the University
Board of the Santa Barbara Presbytery.
7. 2012. 120-unit apartment project affordable to low and very-low income households located
at 1550 Madonna Road.
8. 2013. 19-unit apartment project affordable rental apartment facility for seniors located at
433 Pacific (“Carmel Street Apartments”).
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9. 2013. 40-unit affordable rental apartment facility for seniors located at 2005 Johnson
Avenue (“Del Rio Terrace”).
Next Steps
After the TEFRA public hearing and adoption of the Resolution of the Council approving the
issuance of the Bonds, the Authority will apply for low income housing tax credits and tax-
exempt bonds in July of 2016. There will be no further actions required by the City Council.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review per Section 15061(b)(3) of the California
Environmental Quality Act Guidelines because action is in regards to financing an existing
affordable housing project that was reviewed for environmental compliance at time of
development. The activity in question will not have a significant impact on the environment.
FISCAL IMPACT
There are no fiscal impacts to the City associated with this matter. As noted above, the City has
no liability, directly or indirectly, for the financing.
ALTERNATIVES
1. Do not approve the issuance of bonds by the Authority. Given the approvals that the
Project has already received from the City and the lack of any liability for repayment of the
Bonds by the City, this option is not recommended.
2. Defer consideration of the request. Due to the need for rehabilitation resulting from the
issuance of the Bonds, and the deadline for tax credit applications, this option is not
recommended.
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R ______
RESOLUTION NO. ______ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE INCURRING OF A TAX
EXEMPT OBLIGATION BY THE HOUSING AUTHORITY OF THE
CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING
FINANCING FOR THE ACQUISITION AND REHABILITATION OF
LAUREL CREEK, IRONBARK, AND PISMO BUCHON APARTMENTS
WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority") is
authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of
California, as amended (the "Act"), to incur indebtedness and to make loans for housing
purposes specified in the Act; and
WHEREAS, the Authority has expressed an interest in establishing a California limited
partnership (the “Borrower”) and in assisting the Borrower in acquiring and rehabilitating the
following three apartment facilities (collectively referred to in this Resolution as the “Housing
Facilities”): Laurel Creek Apartments, located at 1092 Orcutt Road, Ironbark Apartments located
at 1102 Ironbark Street, and Pismo Buchon Apartments, located at 1363 Pismo Street; and
WHEREAS, such assistance will involve the issuance by the Authority of debt
obligations (which may be in the form of a loa n evidenced by a note or tax-exempt revenue
bonds, and referred to in this Resolution as the “Bonds”) in the approximate amount of
$6,000,000, and a loan of the proceeds of the Bonds to the Borrower; and
WHEREAS, a portion of the housing units in the Housing Facilities will be rented to
persons and families of low or very low income as required by the Act and the Internal Revenue
Code of 1986, as amended (the "Code"); and
WHEREAS, the Bonds will be considered to be a "qualified exempt facility bonds"
under Section 142(a) of the Code; and Section 147(f) of the Code requires that the "applicable
elected representative" with respect to the Authority approve the issuance by the Authority of the
Bonds following the holding of a public hearing with respect thereto; and
WHEREAS, the Authority has determined that the City Council is the "applicable
elected representative" to approve the issuance by the Authority of the Bonds because the
Housing Facilities are all located within the City; and
WHEREAS, notice of a public hearing by the Council regarding the financing of the
Projects has been duly given as required by the Code, and the Council has held the public
hearing at which all interested persons were given an opportunity to be heard on all matters
relative to the location, operation and financing of the Housing Facilities, including the
Authority's issuance of the Bonds and subsequent lending of the proceeds thereof to the
Borrower to pay costs of the acquisition and rehabilitation by the Borrower of the Housing
Facilities; and
12.a
Packet Pg. 313 Attachment: a - Draft Resolution (1274 : TEFRA Hearing for HASLO - 1092 Orcutt, 1102 Ironbark, 1363 Pismo)
Resolution No. ______ (2016 Series) Page 2
R ______
WHEREAS, the City will not be a party to any of the agreements or other documents
related to the Bonds and the financing of the Housing Facilities, the City will have no liability or
responsibility related to the repayment or administration of the Bonds, and the issuance of the
Bonds and the financing of the Housing Facilities will not impose any legal, financial or moral
obligation on the City; and
WHEREAS, it is in the public interest, for the public benefit and in furtherance of the
public purpose of the City that the Council approve the issuance by the Authority of the Bonds
for the aforesaid purposes.
BE IT RESOLVED that the Council of the City of San Luis Obispo does declare,
determine and order as follows:
SECTION 1. Environmental Determination. The City Council has determined that the
above actions will not have a significant impact on the environment, as defined by §15061(b)(3)
of the California Environmental Quality Act and are exempt from environmental review.
SECTION 2. Action. The Council of the City of San Luis Obispo hereby approves the
issuance of the Bonds by the Authority for purposes of the Code. This resolution shall take effect
immediately upon its adoption.
Upon motion of , seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this ______ day of ____________ 2016.
Mayor Jan Marx
ATTEST:
Lee Price, MMC
Interim City Clerk
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Packet Pg. 314 Attachment: a - Draft Resolution (1274 : TEFRA Hearing for HASLO - 1092 Orcutt, 1102 Ironbark, 1363 Pismo)
Resolution No. ______ (2016 Series) Page 3
R ______
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 ______________, _________.
______________________________
Lee Price
Interim City Clerk
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Meeting Date: 4/19/2016
FROM: Michael Codron, Community Development Director
Prepared By: Jenny Wiseman, Planning Technician
SUBJECT: REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN
LUIS OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO
DEVELOP 46 AFFORDABLE HOUSING UNITS AT 3680 BROAD STREET.
RECOMMENDATION
1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA)
of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986.
2. Adopt a resolution (Attachment A) allowing the issuance of a tax-exempt loan by the
Housing Authority of the City of San Luis Obispo to develop 46 affordable housing units
at 3680 Broad Street.
DISCUSSION
Background
The Housing Authority of the City of San Luis Obispo (the “Authority”) is requesting that the
City Council hold a public hearing regarding the issuance of a tax-exempt loan to develop Iron
Works Apartments, 46 affordable housing units located at 3680 Broad Street.
Although there is no financial participation (or liability, direct or indirect) by the City in
approving the issuance of this “conduit” financing, Council conduct of a public hearing and
approval of the reissuance is required under federal regulations for tax-exempt financing.
The Housing Authority is committed to providing much needed additional affordable housing in
the City of San Luis Obispo. The primary funding source for this project will be low income
housing tax credits awarded by the California Tax Credit Allocation Committee (TCAC). These
tax credits will then be purchased by an investor who becomes a limited partner. California
statute does not allow Housing Authorities to be a party in these partnerships, so the Housing
Authority will hold its interest through its related entity San Luis Obispo Non-profit Housing
Corporation (SLONP). SLONP will serve as the sole Managing General Partner for Iron Works
Apartments. The partnerships have a 15 year compliance period over which the tax credits are
earned. After the 15 years, the limited partner has the option to seek a buyer for its interest. The
project will feature an affordability requirement for a minimum of 55 years.
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Project Summary
1. Iron Works Apartments will consist of 100% of the units to be rented to households at
60% Area Median Income and below for a minimum of 55 years. The project consists of
46 units: 12 one bedroom units, 19 two bedroom units, and 15 three bedroom units.
2. Estimated total development costs are projected to be $14.9 million. Of this, it is
anticipated that roughly $10 million in tax-exempt bond financing will be utilized to
finance the project development.
3. The issuance of the Bond requires that the Council conduct a public hearing regarding the
financing of the Project under the Tax Equity and Fiscal Responsibility Act of 1982
(“TEFRA”), and pursuant to the requirements of the Internal Revenue Code of 1986. The
TEFRA public hearing allows Council to adopt a resolution approving the issuance by
the Authority of the Bonds, in order to maintain, purchase and rehabilitate the three
housing facilities.
No City Liability for the Financing
There is no City liability in approving the issuance of conduit financing. The bonds are payable
solely from the payments by the Borrower on a loan made to it (the “Borrower Loan”) by the
Authority from the proceeds of the Bonds. The rental payments by tenants in the Project are the
source of revenue used by the Borrower to repay the Borrower Loan. The City has no financial,
legal, or moral obligation, liability or responsibility for the Project or for the repayment of the
Bonds or the repayment of the Borrower Loan. The documents for the Bonds clearly provide that
the Bonds are payable solely from payments on the Borrower Loan made by the Borrower.
Outside of holding this hearing and adopting the required resolution, no other participation or
activity of the City with respect to the bonds will be required.
City’s Conduit Financing Policy
While the Council is not obligated to approve this request, it would be consistent with past City
actions regarding conduit financing. Requests for conduit financing are considered based on the
liability to the City in issuing the bonds on behalf of the applicant, determining that there is a
clear public purpose in providing this financing, and that the applicant is capable of achieving the
public purpose.
Under the City’s debt financing and management policies, outlined in the 2015-17 Financial
Plan, consideration of a request for conduit financing is generally a two-step process:
1. First asking the Council if they are interested in considering the request and establishing
the ground rules for evaluating it.
2. And then returning with the results of this evaluation and recommending approval of
appropriate financing documents if warranted.
Given the Council’s prior approval of conduit financing to the Housing Authority in the past, and
due to the close and ongoing working relationship between the City and Housing Authority; Staff
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finds that the Housing Authority is capable of achieving the public purpose of providing much
needed affordable housing funded partially through tax-exempt loans.
City’s Past Experience with Conduit Housing Bonds
The City has approved nine “conduit” or tax-exempt housing bond issues in the past as reflected
in the following summary. There have been no financial difficulties with any of these bon d
issues.
1. 1985. 168-unit apartment development on Southwood Drive (refinanced in 1993).
2. 1998. 30-unit development (all affordable for seniors and persons with disabilities) on
Brizzolara Street.
3. 1999. 122-unit apartment development by the De Vaul Ranch Company, of which 26 units
will be affordable: 24 for “very-low” and 2 for “moderate” income households.
4. 2002. 19-unit senior apartment development at 433 Pacific Street (Pacific and Carmel).
5. 2005. 40 affordable one-bedroom units for seniors as well as one manager’s unit in an
existing historic single-family residence at 2005 Johnson Avenue (“Del Rio Terrace”).
6. 2009 and 2011. 8-unit housing project at 1468 East Foothill Boulevard for the University
Board of the Santa Barbara Presbytery.
7. 2012. 120-unit apartment project affordable to low and very-low income households located
at 1550 Madonna Road.
8. 2013. 19-unit apartment project affordable rental apartment facility for seniors located at
433 Pacific (“Carmel Street Apartments”).
9. 2013. 40-unit affordable rental apartment facility for seniors located at 2005 Johnson
Avenue (“Del Rio Terrace”).
Next Steps
After the TEFRA public hearing and adoption of the Resolution of the Council (Attachment A)
approving the issuance of the Bonds, the Authority will apply for low income housing tax credits
and tax-exempt bonds in March of 2016. There will be no further actions required by the City
Council.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per Section 15061(b)(3) of the California
Environmental Quality Act Guidelines because action is in regards to financing a future
affordable housing project which will be subject to environmental review. The activity in
question will not have a significant impact on the environment.
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FISCAL IMPACT
There are no fiscal impacts to the City associated with this matter. As noted above, the City has
no liability, directly or indirectly, for the financing.
ALTERNATIVES
1. Do not approve the issuance of bonds by the Authority. The project has already received
all necessary land use entitlements, as well as multiple City loan commitments. Due to lack
of liability for repayment of the Bonds by the City, this option is not recommended.
2. Defer consideration of the request. Due to the critical need for tax-exempt bond financing
in order to construct the apartments, this option is not recommended.
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R ______
RESOLUTION NO. ______ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE INCURRING OF A TAX
EXEMPT OBLIGATION BY THE HOUSING AUTHORITY OF THE
CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING
FINANCING FOR THE CONSTRUCTION OF IRON WORKS
APARTMENTS
WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority") is
authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of
California, as amended (the "Act"), to incur indebtedness and to make loans for housing
purposes specified in the Act; and
WHEREAS, the Authority has expressed an interest in establishing a California limited
partnership (the “Borrower”) and in assisting the Borrower to develop Iron Works Apartments, a
46 unit affordable housing project located at 3680 Broad Street (referred to in this Resolution as
the “Housing Facility”); and
WHEREAS, such assistance will involve the issuance by the Authority of debt
obligations (which may be in the form of a loan evidenced by a note or tax -exempt revenue
bonds, and referred to in this Resolution as the “Bonds”) in the approximate amount of
$10,000,000, and a loan of the proceeds of the Bonds to the Borrower; and
WHEREAS, a portion of the housing units in the Housing Facility will be rented to
persons and families of low or very low income as required by the Act and the Internal Revenue
Code of 1986, as amended (the "Code"); and
WHEREAS, the Bonds will be considered to be a "qualified exempt facility bonds"
under Section 142(a) of the Code; and
WHEREAS, Section 147(f) of the Code requires that the "applicable elected
representative" with respect to the Authority approve the issuance by the Authority of the Bonds
following the holding of a public hearing with respect thereto; and
WHEREAS, the Authority has determined that the City Council is the "applicable
elected representative" to approve the issuance by the Authority of the Bonds because the
Housing Facility is located within the City; and
WHEREAS, notice of a public hearing by the Council regarding the financing of the
Project has been duly given as required by the Code; and
WHEREAS, the Council has held the public hearing at which all interested persons were
given an opportunity to be heard on all matters relative to the location, operation and financing
13.a
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Resolution No. ______ (2016 Series) Page 2
-2-
of the Housing Facility, including the Authority's issuance of the Bonds and subsequent lending
of the proceeds thereof to the Borrower to pay costs of the construction by the Borrower of the
Housing Facility; and
WHEREAS, the City will not be a party to any of the agreements or other documents
related to the Bonds and the financing of the Housing Facility, the City will have no liability or
responsibility related to the repayment or administration of the Bonds, and the issuance of the
Bonds and the financing of the Housing Facilit y will not impose any legal, financial or moral
obligation on the City; and
WHEREAS, it is in the public interest, for the public benefit and in furtherance of the
public purpose of the City that the Council approve the issuance by the Authority of the Bonds
for the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. The Council of the City of San Luis Obispo hereby approves the issuance
by the Authority of the Bonds for purposes of the Code.
SECTION 2. Environmental Determination. The City Council has determined that the
above actions will not have a significant impact on the environment, as defined by §15061(b)(3)
of the California Environmental Quality Act and are exempt from environmental review.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Upon motion of _______________ seconded by _______________ and on the following
roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this ______ day of ____________ 2016.
Mayor Jan Marx
ATTEST:
Lee Price, MMC
Interim City Clerk
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Resolution No. ______ (2016 Series) Page 3
-3-
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 ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Meeting Date: 4/19/2016
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: CONSIDERATION OF AN ORDINANCE TO AMEND TABLE 9 OF
SECTION 17.22.010 OF THE CITY’S ZONING REGULATIONS TO
CONDITIONALLY PERMIT A NIGHT CLUB USE WITHIN THE BUSINESS
PARK ZONE IN THE AIRPORT AREA; CONSIDERATION OF A
RESOLUTION AMENDING THE AIRPORT AREA SPECIFIC PLAN TO
ALLOW A NIGHT CLUB LAND USE (LIVE INDOOR/OUTDOOR
ENTERTAINMENT) WITHIN THE BUSINESS PARK ZONE AND
APPROVING A USE PERMIT TO ALLOW A NIGHT CLUB (LIVE
INDOOR/OUTDOOR ENTERTAINMENT) AND OFF-SITE PARKING AT
855 AEROVISTA PLACE.
RECOMMENDATION
As recommended by the Planning Commission:
1. Introduce an Ordinance to amend Table 9 of Section 17.22.010 of the City’s Zoning
Regulations to allow a Night Club land use within the Business Park zone in the Airport
Area with a use permit (Attachment A); and
2. Adopt a Resolution amending the Airport Area Specific Plan to allow a Night Club land
use within the Business Park zone and approving a use permit for a night club (live
indoor/outdoor entertainment) and off-site parking for SLO Brew at 855 Aerovista and
adopting a mitigated negative declaration of environmental impact (Attachment B).
REPORT-IN-BRIEF
The applicant, Auzco Development, LLC (SLO Brew), has applied for a text amendment to the
Zoning Regulations and the Airport Area Specific Plan (AASP) to allow a night club (live
indoor/outdoor entertainment) as an allowed use, with Director’s approval, in the Business Park
(BP) zone. As part of this request the applicant is requesting a use permit for the SLO Brew
Production Facility located at 855 Aerovista Place in the BP zone of the AASP in order to have
the opportunity to provide live entertainment as an accessory use to their facility. The request
was reviewed by the Airport Land Use Commission (ALUC) and found to be consistent with the
Airport Land Use Plan (ALUP). The Planning Commission reviewed the text amendments and
use permit for SLO Brew and recommended the City Council approve the request.
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DISCUSSION
Background
1. Previous Entitlements
The project at 855 Aerovista Place has received two previous entitlements:
a. February 2, 2015: The ARC reviewed and approved a new commercial building for
SLO Brew Production Facility and other light manufacturing and warehousing uses,
and a restaurant use.
b. February 6, 2015: The Community Development Director reviewed and granted
approval of a use permit for a Tasting Room (Bar/Tavern) within the Business Park
zone as part of the SLO Brew Production Facility. The approved Tasting Room hours
are 11:00 a.m. to 10:00 p.m. daily.
2. Airport Land Use Commission Review
On December 16, 2015 the proposed text amendment and use permit for the SLO Brew
production facility was referred to the Airport Land Use Commission (ALUC) for a
determination of consistency or inconsistency with the Airport Land Use Plan (ALUP). The
ALUC determined that the proposed text amendment and the request for a night club use permit
for the SLO Brew facility were consistent with the ALUP.
The Commission recommended a series of conditions be applied to any night club use permit
approvals, as well as a number of conditions for the SLO Brew night club use permit. The
findings and conditions associated with the determination of consistency can be found in
Attachment D (Notice of Airport Land Use Commission Action) and have been incorporated into
the proposed ordinance and resolution (Attachments A & B).
3. Planning Commission Review
On February 10, 2016 the Planning Commission (PC) reviewed the request for the proposed text
amendments and use permit for the SLO Brew production facility at 855 Aerovista Place. The
PC recommended that the use permit requirement of the text amendment be elevated to require
PC approval, as opposed to an administrative level. In a 6:1 vote, the Planning Commission
recommended the City Council approve the text amendment establishing a night club as an
allowed use with PC approval and a night club use permit for the SLO Brew facility at 855
Aerovista (Attachment C, Planning Commission Resolutions, Attachment K, Planning
Commission Draft Minutes).
Project Information
1. Airport Area Specific Plan
Business Park (BP) zoning is found only within the Airport Area and Margarita Area Specific
Plan boundaries. Figure 1 highlights the location of the BP zone within the AASP. The BP zone
contains sites that are built out, vacant or have active entitlements. The portion of the BP zone
located to the southwest part of the AASP (indicated with cross hatch lines on Figure 1) is
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currently under review as part of Avila Ranch.
Figure 1: Land use designations for the AASP; Business Park zone; Business Park zone under review as a part of
Avila Ranch.
2. Project Description – Zoning Regulations Text Amendment and the Airport Area
Specific Plan Text Amendment
The applicant is requesting a text amendment to the Zoning Regulations and the AASP to allow a
Night Club as an allowed use, with Director’s approval, in the BP zone.
3. Project Description – Night club at SLO Brew Production Facility
The SLO Brew Production Facility is being constructed in the Aerovista Business Park in the BP
zone of the Airport Area Specific Plan. SLO Brew Production Facility would like the
opportunity to provide live entertainment on Friday evenings and Saturdays and Sundays as an
accessory use to their production facility and restaurant (Attachment E, Project Description). The
SLO Brew Production Facility includes:
3,047 square foot entertainment venue,
6,496 square foot brewery production facility,
1,250 square foot kitchen,
1,579 square foot beer tasting/restaurant area,
600 square foot outdoor dining area,
15,444 square foot lease space, and
1,746 square feet of office and mezzanine area.
The Aerovista Business Park is composed of four parcels with a combined total acreage of 9.94
acres. The SLO Brew parcel alone is 3.47 acres in size (Attachment F, Vicinity Map).
Attachment G shows the business park site plan and the location of SLO Brew and the adjacent
structures. In addition to the SLO Brew facility, the Aerovista Business Park also includes four,
two-story office buildings which house a variety of professional offices (i.e. doctor’s office, tax
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services, government offices, etc.), and a fitness facility with a combined total of 444 parking
spaces. Staff estimates a total of 666 people occupy the site when all of the lease spaces are
occupied (calculation based on a rate of 1.5 persons per parking space). The majority of these
businesses operate from 8:00 a.m. to 5:00 p.m., Monday through Friday.
The applicant is proposing on a limited basis (Friday through Sunday) to host events with live
music around the existing rock outcropping in the outdoor patio area and inside the facility
(Attachment G, Site plan). The applicant is requesting the ability to host weddings (ceremonies
would be indoors only), concerts or other large party events. Events would be scheduled only on
Friday evenings, 6:00 p.m. to 11:00 p.m., and Saturdays and Sundays, 10:00 a.m. to 11:00 p.m.
with no more than a maximum attendance of 600 people.
Project Analysis
1. Amending the Zoning Regulations and the Airport Area Specific Plan
Zoning Regulations and the AASP
Section 17.100.N of the City of San Luis Obispo’s Municipal Code defines a night club as – “a
facility providing entertainment, examples of which include live or recorded music and/or
dancing, comedy, disc jockeys, etc., which may also serve alcoholic beverages for on-site
consumption.” In this particular request, the proposed use is not for a typical night club business
that operates every night with late hours and dancing. Instead, the reason for delineating the
requested use as a night club is to allow for the ability to provide live music and entertainment as
an accessory use to the brewery and restaurant on Friday evenings, Saturdays and Sundays.
Currently night clubs are allowed with a use permit within several zones that are located
throughout the City including the Community Commercial (C-C), Downtown Commercial (C-
D), Retail Commercial (C-R), Tourist Commercial (C-T), Service Commercial (C-S) and the
Manufacturing (M) zones.1
According to Chapter 17.49 of the Municipal Code, the BP zone “is intended to provide for
research and development, light manufacturing, and business services that are compatible with
each other and with airport operations.” The AASP further states that “activities that are
supportive of, or accessory to, the primary activities may be allowed as well. The City recognizes
that businesses locating in areas designated Business Park often combine product development,
promotion, manufacturing, and distribution at a single facility.”2
The request of a night club to allow live entertainment as part of or accessory to an allowed use
within the Business Park is consistent with the intention of the language of the AASP. Staff is
recommending additional language be added to the AASP Allowed Uses (Table 4.3) to include
parameters of review for future night club uses. The text amendment includes recommended
requirements from the ALUC that all night club uses be referred to the ALUC and that any
proposed night club use shall address parking, neighborhood compatibility and security issues
(Attachment B, Exhibit A – AASP Specific Plan Text Amendment). The proposed Title 17
(Zoning Regulations) text amendment includes a footnote that clarifies that the night club use is
1 Zoning Regulations, Table 9.
2 AASP Section 4.2.1.
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only allowed in the BP zone of the AASP with Planning Commission approval (Attachment A,
Exhibit A – Zoning Regulations Text Amendment).
General Plan Policies
One of the General Plan’s Community Goals states that the City is to: “Serve as the county's hub
for: county and state government; education; transportation; visitor information; entertainment;
cultural, professional, medical, and social services; community organizations; retail trade3.”
The Land Use Element (LUE) specifically states that Downtown is the community’s urban
center serving as the cultural, social, entertainment, and political center of the City for its
residents. Entertainment facilities, such as night clubs, are to be in the Downtown.4 Although the
LUE encourages night clubs in the Downtown, the Zoning Regulations include opportunities for
night clubs to be located outside of Downtown as noted previously. The applicant is not
proposing a night club as a primary use, but rather as an accessory to allowed uses (e.g. brewery
and restaurant) within the BP zone. This is an important distinction because the proposed use is
not a bar, will not function on a nightly basis, but is limited to certain days and hours of
operation, and is focused on providing a venue for live entertainment/music for the community
and for special events such as wedding receptions.
The location of the SLO Brew production facility and restaurant with an accessory night club use
for limited live entertainment within the business park zone, near the airport, is appropriat e
because the use is not impacted by airport noise and is located more than 800 feet from the
nearest residential uses. This is consistent with C-S or M zoned land within the City that is
located near residential uses such as Broad Street and Aero Drive (across the street from the
proposed site), the South Broad Street Area, Orcutt Road and the railroad tracks and Sacramento
Drive.
2. Night club use permit for SLO Brew Production Facility at 855 Aerovista
The proposed live indoor/outdoor entertainment component of the brewery/restaurant at the SLO
Brew Production Facility is considered an accessory use to the production facility. Staff has
evaluated the proposed night club use and provided recommended conditions of approval to
address any potential impacts (density, security, noise, traffic, etc.) to ensure the project is
3 Land Use Element. Community Goals: Society and Economy, p. 1-20.
4 Land Use Element Policies 4.1, 4.3, and 4.8:
4.1. Downtown’s Role: Downtown is the community’s urban center serving as the cultural, social, entertainment,
and political center of the City for its residents, as well as home for those who live in its historic neighborhoods .
The City wants its urban core to be economically healthy, and realizes that private and public investments in the
Downtown support each other. Downtown should also provide a wide variety of professional and government
services, serving the region as well as the city. The commercial core is a preferred location for retail uses that are
suitable for pedestrian access, off-site parking, and compact building spaces. Civic, cultural and commercial
portions of Downtown should be a major tourist destination. Downtown's visitor appeal should be based on
natural, historical, and cultural features, retail services, entertainment and numerous and varied visitor
accommodations.
4.3. Entertainment and Cultural Facilities: Cultural facilities, such as museums and galleries should be Downtown.
Entertainment facilities, such as nightclubs and theaters shall be in the Downtown.
4.8. Downtown as Focal Point: The Downtown should remain the focus for nighttime entertainment, cultural
events and related activities. It should be a pleasant and safe place at all times.
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compatible with neighboring uses.
Public Comment
On February 25, 2016, the Tribune published an article regarding the proposed live music venue.
Following the article, the City received a large amount of written correspondence related to the
request. Most of the correspondence expressed concerns regarding noise from the venue, or that
the use might exasperate traffic conditions on Broad Street. The following areas have been
analyzed for the project in consideration of the concerns expressed, and conditions of approval
are recommended to ensure that use is conducted in a manner that is compatible with the
immediate surroundings and the residential uses located across Broad Street.
Density
The applicant proposes to have approximately 600 square feet of outdoor dining space and 3,047
square foot of indoor event space to be available for live entertainment. Events at the site will
have no more than 600 people at any given time. The ALUC reviewed the proposal and found it
to be consistent with the density standards of the ALUP and the Airport Area Specific Plan
which allows 120 persons per acre.5
Traffic Analysis
The applicant is proposing hours of operation three days a week; Friday 6:00 p.m. to 11:00 p.m.
and Saturday and Sunday 10:00 a.m. to 11:00 p.m. These proposed hours are outside the hours of
operation for the majority of the uses on site, as noted previously, which operate from 8:00 a.m.
to 5:00 p.m. Monday through Friday.
The Initial Study identified that traffic could result in significant but mitigatable impacts related
to the performance of circulation along Highway 227/Broad Street during the peak traffic hours
of 4:00 p.m.to 6:00 p.m. As such, staff has included Condition No. 23 which requires that events
shall not be permitted on Fridays between the hours of 4:00 p.m. and 6:00 p.m. to mitigate
impacts of additional traffic during peak hours along Broad Street (Attachment B, Council
Resolution). Additionally, per Condition No. 24, vehicle trips associated with the subject
property shall be less than 35 per hour (the base trip generation for the brewer y manufacturing
and restaurant use excluding the event use) on Fridays between the hours of 4:00 p.m. to 6:00
p.m. If the number of trips exceeds the 35 trips per hour threshold during this period, then the
events permitted under this use permit related to the night club use shall be further prohibited on
Friday night up until 8:00 pm or prohibited on Friday nights altogether, at the discretion of the
Public Works Director. The idea behind this condition is to determine if patrons are coming to
the facility during Friday peak traffic hours because of the live entertainment (i.e. the number of
actual trips exceeds the trip estimate/ threshold for the underlying brewery/restaurant use). If that
threshold is exceeded, it would be assumed that individuals who otherwise would not be
patronizing the brewery/restaurant are arriving early for the music event during peak hour traffic.
Condition No. 24 mitigates that impact by giving the Public Works Director the ability to further
prohibit night club use on Fridays nights until 8:00 p.m. or on Friday nights altogether.
5 AASP Table 4.6
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Security & Circulation
The applicant has provided a detailed security plan that is included as Attachment H (Security
Plan). The security plan includes a queuing plan and details of the duties and responsibilities of
all staff. During events, attendants will establish queuing lines and temporary signage to not
impede existing foot traffic and direct patrons to the appropriate event area. The areas where
queues will be formed are shown on the security plan (Attachment H, pg 5). All staff shall be
required to be trained to verify legal age of patrons, monitoring patrons’ on-site alcohol
consumption, denying service of alcohol to patrons who demonstrate signs of intoxication, and
attend ABC LEAD Training.
Parking
As part of this use-permit, the applicant is requesting an off-site parking agreement to allow
parking for the night club to expand off-site onto the neighboring properties of the Aerovista
Business Park. The night club use requires 61 parking spaces. The Zoning Regulations stipulate
that a use permit for off-site parking may be approved when off-site parking is located within
300 feet of the use, and the site on which the parking is located is owned, leased or otherwise
controlled by the party controlling the use (MC 17.16.060 E). The neighboring properties are
owned by the same owner and consist mainly of offices that require parking Monday through
Friday, 8:00 a.m. to 5:00 p.m. The night club use will operate at alternate hours to the office
uses.
Noise
The applicant has provided a Noise Study (Attachment I) performed by Mr. David Lord of
45dB.com. Existing sound levels were measured continuously on the proposed site at 10-second
intervals over a 24-hour period for three days (Thursday June 19, 2015 to Saturday 21, 2015). An
acoustic model with sound level contours was generated for the site based on topography, noise
sources and measured sound level values. From this model, the study provided future sound
level contours with a maximum of 600 persons, and amplified music and voice with no more
than 90 dBA6 at 20 feet from the speakers. The result of this analysis is shown in Figure 2. The
sound level deceases from 90 dBA to 58 dBA before intersecting with sound produced from
Broad Street/ Highway 227 (with a sound level of 76 dBA).
For an idea of common sound levels, 50 dBA is equivalent to a refrigerator running; 60 dBA is a
sound level similar to normal conversation at a 3-foot distance; and 70 dBA is equivalent to the
sound of a shower or vacuum cleaner. Jet flyover at 1,000 feet is 100 dBA. As mentioned
previously, the site is largely surrounded by office uses, which will be closed during the hours of
the live entertainment, the San Luis Obispo Airport and associated facilities.
The Noise Study concludes that the proposed outdoor entertainment is compatible with the
Airport Land Use Plan and complies with the City’s noise regulations (Attachment I, Noise
6 A-weighted sound level. The ear does not respond equally to all frequencies, but is less sensitive at low and high
frequencies than it is at medium or speech range frequencies. Thus, to obtain a single number representing the sound
level of a noise containing a wide range of frequencies in a manner representative of the ear’s resp onse, it is
necessary to reduce the effects of the low and high frequencies with respect to the medium frequencies. The
resultant sound level is said to be A-weighted, and the units are dBA. The A-weighted sound level is also called the
noise level.
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Study, pg. 15), which was also confirmed by the Airport Land Use Commission.
The nearest residential development is more than 800 feet from the subject site. Based on the
information provided in the Noise Study, the project does comply with the City’s Noise Element,
in that it will not expose residents to unacceptable noise levels. However, it is possible that under
certain atmospheric conditions, and depending on other noise levels, sound generated by events
at SLO Brew may be heard across Broad Street in residential outdoor areas, or even indoors if a
window or door is open. While the noise levels would not exceed City thresholds from an
environmental impact perspective, the noise may still be considered unwanted by residents. As a
result, conditions of approval are proposed that limit amplification and specify that outdoor
speakers must be oriented inward to the site to reduce the likelihood of sound travelling into the
adjacent neighborhood (Condition No. 6). A condition of approval is also established requiring
review of the use permit if complaints are received based on the noise generated from events on
the project site (Condition No. 16).
Figure 2: Future sound level contours with a maximum of 600 persons, with amplified music and voice, which do
not measure greater than 90 dBA at 20 feet from speakers.
CONCURRENCES
The project has been reviewed by the Police, Building, Fire, Public Works, and Utilities
Departments. Their conditions have been incorporated in the ordinance and the resolution.
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ENVIRONMENTAL REVIEW
After further review by staff and the City Attorney’s office it was determined that an Initial
Study should be completed for full compliance with CEQA. An initial study has been prepared
by staff in accordance with the California Environmental Quality Act and a Mitigated Negative
Declaration (MND) is recommended for adoption (Attachment J). The MND finds that with
incorporation of mitigation measures, potential impacts to transportation/traffic will be less than
significant.
FISCAL IMPACT
There is no fiscal impact associated with the approval of this project because no construction or
improvements are required as a part of the requested Text Amendment or Use Permit.
ALTERNATIVES
1. Continue the project with direction to the applicant and staff on pertinent issues.
2. Deny the Ordinance to amend Title 17 (Zoning Regulations) to allow a Night Club land
use within the Business Park zone in the Airport Area with a use permit and a mitigated
negative declaration of environmental impact and the Resolution amending the Airport
Area Specific Plan to allow a Night Club land use within the Business Park zone and
approving a use permit for a night club (live indoor/outdoor entertainment) and off-site
parking for SLO Brew at 855 Aerovista and adopting a mitigated negative declaration of
environmental impact based on findings of inconsistency with the General Plan, Zoning
Regulations and applicable City policy.
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ORDINANCE NO. (2016 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 9 OF SECTION 17.22.010 OF
THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN
THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC
PLAN AREA (CODE-1316-2015)
WHEREAS, on May 5, 2015, the applicant, SLO Brew Investors, LLC, submitted an
application to request an amendment to Table 9 of the San Luis Obispo Municipal Code section
17.22.010 to allow a night club land use (live indoor/outdoor entertainment) within the Business
Park zone of the Airport Area Specific Plan; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of the amendments to the Municipal Code; and
WHEREAS, the Planning Commission 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, on February 10, 2016, and recommended approval of the amendments Table 9 of San
Luis Obispo Municipal Code section 17.22.010 to allow a night club land use within the
Business Park zone of the Airport Area Specific Plan; and
WHEREAS, the City Council on April 19, 2016, considered the request of the an
amendment to Title 17(Zoning Regulations) and the Airport Area Specific Plan to allow a night
club land use (live indoor/outdoor entertainment) within the Business Park zone with a use
permit (CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby finds that the proposed amendments
will not significantly alter the character of the City or cause significant health, safety or welfare
concerns, since the amendments are consistent with the General Plan and directly implement
City goals and policies.
SECTION 2. Action. Table 9 of the San Luis Obispo Municipal Code section 17.22.010
is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by this
reference.
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SECTION 3. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) for this project
which was adopted by Resolution No. ______ (2016 Series) together with all comments received
during the public review period, and, on the basis of the whole record before it, hereby finds that
(1) potentially significant environmental effects were identified but mitigation measures to be
included and incorporated into the text amendments to avoid or reduce the effects to a point
where clearly no significant effect on the environment would occur; (2) there is no substantial
evidence that the text amendment will have a significant effect on the environmental; and (3) the
MND reflects the City of San Luis Obispo’s independent judgment and analysis.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end the provisions hereof are severable.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the names of the Council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____________ 2016, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of 201 6, on the following roll call
vote:
AYES:
NOES:
ABSENT:
________
Mayor Jan Marx
ATTEST:
____________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
____________________________
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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 ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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TABLE 9 - USES ALLOWED BY ZONE - Continued
P ermit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1)C-N C-C C-D C-R C-T C-S M BP Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall D D A D A/D D D D
Commercial recreation facility - Indoor PC D D D D D(12)PC D 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility D A D D PC A A D
Golf Course PC
Library, museum PC D D D D
Library, branch facility D D D D
Night club D D D D D D PC (14)Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7)D(7)D(7)
PC PC
School - College, university campus PC
School - Elementary, middle, secondary PC PC D D PC D
School - Specialized education/training PC A/D A/D A A A
Special event D D D D D D D D D 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A
Theater PC(8)D D D D Chapter 17.95
Theater - Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A D
Fraternity, sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
A A A A A A A A
Mobile home park A A A A
Multi-family dwellings A A A A D D
A A A A A A A/D A/D A/D D
A A A A A D A/D A/D D
Residential hospice facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family dwellings A A A(2)A A A A D D
Secondary dwelling units A A A A A Chapter 17.21
Work/live units D D 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
Mobile home as temporary residence at
building site
Residential care facilities - 6 or fewer
residents
Residential care facilities - 7 or more
residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite
classroom facility
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Notes to Table 9:
1. Ozone - All uses. A Use Permit is required for the conversion of residential structures to
non-residential uses. In order to approve a Use Permit, the Director shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly affect privacy in
nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to local st reets in
nearby residential areas; and
c. The project includes landscaping and yards that adequately separate parking and pedestrian
circulation areas from sites in nearby residential areas.
2. R-1 zone - Multiple dwellings. Except for condominiums, the construction of more than one
dwelling on a parcel in the R-1 zone requires Administrative Use Permit approval. R-1 density
standards apply.
3. C-N zone - Limitations on floor area. A general retail use in the C-N zone shall not exceed a gross
floor area of 2,000 square feet for each establishment, or a combined floor area of all general retail
establishments within a shopping center of 25 percent of the total floor area in a shopping center with
a gross floor area of 15,000 square feet or more; and shall not exceed 50 percent of the total floor
area in a shopping center with a gross floor area of less than 15,000 square feet. The Administrative
Use Permit may provide for exceptions to the floor area limitations above. For general retail uses
with a floor area greater than 2,000 square feet on a parcel not located within a shopping center, an
Administrative Use Permit shall be required to insure consistency with policies of the General Plan
Land Use Element and compatibility with surrounding uses.
4. C-S and M zones - Required findings for offices. The approval of an office facility in the C-S or M
zone shall require that the review authority first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to nois e, light
and glare, and loss of privacy, among others, imposed by commercial activities on nearby
residential areas, by using methods such as setbacks, landscaping, berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with offices; and
e. The project will not create a shortage of C-S- or M-zoned land available for service commercial or
industrial development.
5. C-R zone - Auto sound system installation. Auto sound installation services may be approved
only as an accessory use to the retail sales of auto sound systems on the same site. Use Permit
review shall consider parking space displacement, noise from the operation, and the appearance and
visibility of the installation area.
6. Parking as a principal use. Use Permit approval may include deviations to otherwise applicable
setback requirements and building height limits. A multi-level parking facility shall require the
approval of a Use Permit by the Planning Commission.
7. Religious facilities.
a. C-S zone requirements. Use Permit review shall consider that the C-S zone is primarily
intended to accommodate uses not generally suited to other commercial zones because of noise,
truck traffic, visual impacts and similar factors. A Use Permit may be approved only when the
religious facility will not likely cause unreasonable compatibility problems with existing or likely
EXHIBIT A 14.a
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future service commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b. C-T and M zone requirements. A religious facility use may be allowed only inside an existing
building.
8. PF zone - Theaters. Only non-profit theaters are permitted.
9. Day care centers. Allowed by right where accessory to a church or school, or where an employer
provides on-site child care to 14 or fewer children for the exclusive benefit of employees, providing
the primary use meets City parking standards.
10. Groceries, Liquor, Specialty Foods in the CN Zone. In the C-N zone, grocery, liquor and
specialty food stores less than 3,000 square feet are allowed. Such uses with a gross floor area
between 3,000 and 5,000 square feet are allowed with the approval of an Administrative Use Pe rmit.
Stores between 5,000 and 10,000 square feet may be approved by Planning Commission Use
Permit. In order for a use permit to be approved by the Hearing Officer or by the Planning
Commission, the deciding body must find that the proposed use is compatible with surrounding uses
and the surrounding neighborhood, and that the use is consistent with the purpose and intent of the
Neighborhood Commercial designation as discussed in the General Plan.
11. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must make
the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial or commercial
collector in the Circulation Element and has convenient access to public transportation.
c) The proposed medical service will not significantly increase traffic or create parking impacts in
residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited for these uses
when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed medical ser vice
and will not result in other lease spaces being under -utilized because of a lack of available
parking.
12. C-S zone - Required findings for Indoor Commercial Recreational Facilities. Commercial indoor
recreational uses in the C-S zone shall not include less than 10,000 square feet gross floor area per
establishment. The approval of an indoor commercial recreational facility in the C -S zone shall
require that the review authority first find that:
a) The proposed use will serve the community, in whole or in significant part, and the nature of the
use requires a larger size in order to function;
b) The project will be compatible with existing and allowed land uses in the area;
c) The project location or access arrangements will not significant ly direct traffic to use local or
collector streets in residential zones;
d) The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with recreational facilities; and
EXHIBIT A
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e) The project will not create a shortage of C-S -zoned land available for service commercial
development.
13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a
public assembly use, such as a club, lodge, private meetin g hall or religious facility. Safe parking is
prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on
properties that contain residential uses as the primary use.
14. Night club use in the BP zone. Night clubs shall be allowed only in the BP zone of the Airport Area
Specific Plan. Refer to the Allowed uses, Table 4.3, of the Airport Area Specific Plan for more
information.
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RESOLUTION NO. (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 4.3 OF THE AIRPORT
AREA SPECIFIC PLAN ALLOWING A NIGHT CLUB USE WITHIN THE
BUSINESS PARK ZONE, APPROVING A NIGHT CLUB USE PERMIT
WITH OFF-SITE PARKING IN THE BUSINESS PARK ZONE AT 855
AEROVISTA PLACE AND ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED APRIL 19, 2016
(CODE-1316-2015)
WHEREAS, the applicant, on May 5, 2015, submitted an application to amend the
Airport Area Specific Plan and for a use permit to allow a night club (live indoor/outdoor
entertainment) with off-site parking at 855 Aerovista Place; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of amendments to the Airport Area Specific Plan; and
WHEREAS, the Planning Commission 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, on February 10, 2016, and recommended approval of the amendments to the Airport
Area Specific Plan and night club use permit with off-site parking within the Business Park zone
at 855 Aerovista Place; and
WHEREAS, the City Council on April 19, 2016, considered the request to amend the
Airport Area Specific Plan to allow a night club use within the Business Park zone and for a
night club use permit with off-site parking within the Business Park zone at 855 Aerovista Place
(CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
Airport Area Specific Plan
1. The Amendments to the Airport Area Specific Plan conditionally permitting a night club
use within the Business Park Zone is consistent with the General Plan policies and will
not be detrimental to the health, safety and welfare of the City.
Night club
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2. As conditioned, the use will not harm the general health, safety, and welfare of people
living or working in the vicinity because conditions on the Use Permit approval will
minimize noise impacts, impacts to police resources, and there are no nearby residential
uses.
3. Locating a live indoor/outdoor entertainment use outside of the downtown is appropriate
because currently no sites exist downtown that would allow for live indoor/outdoor
entertainment for a large number of people without impacting other uses. The location of
a night club within the business park zone, near the airport, is appropriate because the use
is not impacted by airport noise and is not located near residential uses.
4. As conditioned, the proposed project is consistent with Section 4.2.1 of the Airport Area
Specific Plan because the proposed use is supportive of the primary activity and part of
the promotion of the SLO Brew Production Facility.
5. As conditioned, the project is consistent with the Airport Land Use Plan.
6. The property owner has agreed to conditions of approval that place restrictions on their
use of the property to insure that nuisances and significant burdens on police resources do
not occur.
7. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include offices, a gym, and a beer brewing facility.
Conditions of approval have been adopted to minimize potential disturbances to
neighboring properties.
Off-site Parking
8. Off-site parking is acceptable at this location because proposed off-site parking is within
a zone where the use is allowed, within 300 feet of the use, and is not separated from the
use by any feature that would make pedestrian access inconvenient or hazardous.
9. Off-site parking is acceptable at this location because the site on which the parking is
located is owned by the party controlling the use.
SECTION 2. Amendment of Airport Area Specific Plan. Table 4.3 of the Airport
Area Specific Plan is hereby amended as set forth in Exhibit “A” attached hereto and
incorporated herein by this reference.
SECTION 3. Action on Use Permit. The City Council hereby approves the use permit
for a night club use at 855 Aerovista Place (CODE-1316-2015), based on the above and subject to
the following conditions:
Planning Division
1. The applicant shall defend, indemnify and hold harmless the City and/or its agents,
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officers and employees from any claim, action or proceeding against the City and/or its
agents, officers or employees to attack, set aside, void or annul, the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim and City shall fully
cooperate in the defense against an Indemnified Claim.
2. Hours of operation for the proposed use shall not be outside the hours from 6:00 p.m. to
11:00 p.m., Fridays and 10:00 a.m. to 11:00 p.m. Saturday and Sundays. Changes in the
hours of operation shall require an amendment to this use permit or require an additional
use permit as determined by the Community Development Director.
3. An off-site parking agreement that satisfies parking requirements shall be signed and
recorded to the satisfaction of the City Attorney and Community Development Director
prior to occupancy. A minimum of 61 parking spaces shall be provided in an off-site
parking location located within 300 feet of the subject location.
4. If parking availability becomes impacted, the City retains the right to require additional
parking mitigation measures, including but not limited to revocation of this use permit,
limiting occupancy loads or additional off-site parking agreements with adjacent property
owners.
5. No wedding ceremonies or other similar noise-sensitive events and/or activities are
allowed on the outdoor portions of the property, and any indoor uses must comply with
applicable density restrictions within the Airport Land Use Plan.
6. The combination of amplified music, voice and crowd noise on the subject site shall not
exceed 90 dBA at 20 feet from the speakers as specified in the Noise Analysis prepared
by David Lord, which exceeds the City’s Noise Ordinance requirement for the use. All
outdoor speakers shall be oriented inward to the site away from residences to the east of
Broad Street at all times.
7. The patio will be maintained in an orderly manner, and will be properly supervised and
controlled at all times to prevent alcoholic beverages from leaving the area. No alcoholic
beverages shall be consumed on any property adjacent to the licensed premises under the
control of the applicant.
8. The applicant is responsible at all times for verifying the legal age of patrons, for
monitoring patrons’ on site alcohol consumption, and for declining to serve alcohol to
patrons who demonstrate signs of intoxication or impairment associated with alcohol
consumption, based on training that is to be provided to all staff.
9. The night club shall not exceed a maximum number of 600 persons in attendance to any
event.
10. To address complaints and minimize the need for police response to minor issues, an
owner or manager shall be on premises at all times, and shall be available to be contacted
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by a City representative and/or adjacent property owner or tenant. The applicant shall
provide and regularly update contact information to the City’s Police, Fire, and
Community Development Departments and adjacent property owners and tenants.
11. All employees shall attend ABC LEAD Training or equivalent training.
12. The applicant shall be responsible for an on-going security/safety plan that incorporates
regular training to accommodate changes in personnel. The applicant shall be responsible
for managing outdoor crowds and queuing as a result of this use and the site shall be
maintained in a neat and orderly manner at all times.
13. The applicant shall manage/patrol outdoor crowds and queuing as a result of this use. An
orderly line of patrons awaiting entry that does not block public access on, or use of, the
sidewalk shall be maintained. This queue shall not block egress from any exits or the
patio seating area exit.
14. Business shall be conducted in a manner that will not violate any provisions of the
California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors
(§25658), maintaining the public health, morals, convenience, and safety (§25601); and
taking reasonable steps to correct any objectionable conditions on the premises and
immediately adjacent to the premises (§24200).
15. The maximum posted occupant load for each space shall not be exceeded at any time.
This permit is strictly limited to allow only the occupant load for the premises as
approved by the City of San Luis Obispo Fire Department. Occupant loads approved by
the City of San Luis Obispo Fire Department shall be posted at all times.
16. This Use Permit shall be reviewed at a Planning Commission hearing if the City receives
substantiated written complaints from any citizen, Code Enforcement Officer, or Police
Department employee, which includes information and/or evidence supporting a
conclusion that a violation of this Use Permit, or of City ordinances or regulations
applicable to the property or the operation of the business, has occurred. At the time of
the Use Permit review, to insure on-going compatibility of the uses on the project site,
conditions of approval may be added, deleted, modified, or the Use Permit may be
revoked.
17. Upon a significant change to the business as identified in the applicant’s project
description, final security plan, and Staff Report dated February 10, 2016 the Use Permit
shall be reviewed by the Community Development Director for compliance with
conditions of approval, or to determine whether a modification of the Use Permit is
necessary.
18. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the ALUP.
19. Any use is prohibited that may entail characteristics which would potentially interfere
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with the takeoff, landing, or maneuvering of aircraft at the Airport, including:
creation of electrical interference with navigation signals or radio communication
between the aircraft and airport;
lighting which is difficult to distinguish from airport lighting;
glare in the eyes of pilots using the airport;
uses which attract birds and create bird strike hazards;
uses which produce visually significant quantities of smoke; and
uses which entail a risk of physical injury to operators or passengers of aircraft (e.g.,
exterior laser light demonstrations or shows).
20. Avigation easements will be recorded for each property developed within the area
included in the proposed local action prior to the issuance of any building permit or
conditional use permit.
21. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
22. This use permit for a Night Club use at 855 Aerovista Place shall not be effective until
the effective date of Ordinance No. ___________ amending Title 17 of the City’s Zoning
Code conditionally permitting Night Club land uses within the Business Park zone of the
Airport Area Specific Plan Area.
Transportation Department
23. Due to peak hour congestion levels along the Broad Street Corridor events shall not be
permitted Friday between the hours of 4:00 pm and 6:00 pm.
24. Vehicle trips associated with the subject property shall be less than 35 per hour (the base
trip generation for the brewery manufacturing and restaurant use excluding the event use)
on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds the
35 trips per hour threshold during this period, then the events permitted under this use
permit related to the night club use shall be further prohibited on Friday night up until
8:00 pm or prohibited on Friday nights altogether, at the discretion of the Public Works
Director.
Building Department
25. The project requires a building permit for change of use and/or occupancy. Additional
requirements will be included when an application for that building permit is submitted
for review.
Fire Department
26. The building permit submitted for the change of use and/or occupancy shall show
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occupancy load calculations for nightclub/music use and for other proposed uses of the
building room(s) use based on 5, 7, and 15 square feet per occupant. Occupancy load
calculations shall be submitted by a state-licensed architect.
27. The applicant shall submit a written safety policy/plan for maintaining the maximum
occupant load in the assembly areas of the building (to avoid overcrowding) for any
nightclub/music use.
28. The building permit submitted for the change of use and/or occupancy shall clarify if this
mezzanine is proposed for a B occupancy or an Assembly occupancy (mezzanine on east
side of building specifies an Assembly occupancy with only one stairway).
29. Any/all changes to the current/proposed building plans shall be in compliance with the
2013 California Building Code, including any required occupancy separations.
SECTION 4. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) together with all
comments received during the public review period, and, on the basis of the whole record before
it, hereby finds that (1) potentially significant environmental effects were identified but
mitigation measures to be included avoid or reduce the effects to a point where clearly no
significant effect on the environmental would occur; (2) there is no substantial evidence that the
project will have a significant effect on the environment; and (3) the MND reflects the City of
San Luis Obispo’s independent judgment and analysis. Based on the foregoing, the Council
hereby adopts the proposed MND with incorporation of the following mitigation measures and
monitoring programs:
Transportation/Traffic
Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between
the hours of 4:00 pm and 6:00 pm.
Monitoring Plan, T-1: The hours of operation shall be included as part of the business license
application and will be incorporated as part of the conditions of approval for the use permit.
City staff will periodically inspect the site for continued compliance with the above
mitigation measures.
Mitigation Measure T-2: Vehicle trips associated with the subject property shall be less than 35
per hour (the base trip generation for the brewery manufacturing and restaurant use excluding the
event use) on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds
the 35 trips per hour threshold during this period, then the events permitted under this use permit
related to the night club use shall be further prohibited on Friday night up until 8:00 pm or
prohibited on Friday nights altogether, at the discretion of the Public Works Director.
Monitoring Plan, T-2: Within one year of the effective date of this use permit and annually
thereafter, City staff will periodically conduct traffic counts during Friday events to
determine the number of trips associated with the Subject property on Friday night between
the hours of 4:00 p.m. to 6:00 p.m.
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.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this ____ day of ___________________, 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
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 ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavern D D D1
Club, lodge, private meeting hall D
Commercial recreation facility - Indoor PC PC D
Commercial recreation facility – Outdoor PC PC
Fitness/health facility A A A1
Night club D PC3,9
Park, playground D
Public assembly facility PC PC
Religious facility8 D D2
School – Specialized education/training8 A A D
Sports and active recreation facility PC PC PC
Sports and entertainment assembly facility PC PC
Land Use
Zoning District
PF C-S M BP
RESIDENTIAL USES
Caretaker quarters7 A A A D
EXHIBIT A
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Numbered Notes to Table 4.3:
1. These activities are considered secondary uses for business parks.
Within a development project site, their combined floor area shall not
exceed 25 percent of the total floor area. Some are also subject to
limits on individual floor area, as shown in the body of the table. Floor
area limitations shall not apply to bank headquarters.
2. Use permit review shall consider that the C-S zone is primarily intended
to accommodate uses not generally suited to other commercial zones
because of noise, truck traffic, visual impacts and similar factors. A use
permit may be approved only when the church will not likely cause
unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use permit conditions may include
measures to mitigate incompatibility.
3. In the C-S zone, nightclubs must contain a minimum of four thousand
five hundred square feet of floor area. In the BP zone, no minimum
floor area is required for nightclubs. The required use permit process
for both the C-S and BP zones shall address parking, neighborhood
compatibility and security issues.
4. In order to approve a Medical Service use in the C-S or BP zones, the
Hearing Officer must make the following findings:
a) The proposed medical service is compatible with surrounding land
uses.
b) The proposed medical service is located along a street designated
as an arterial or commercial collector in the Circulation Element and
has convenient access to public transportation.
c) The proposed medical service will not significantly increase traffic or
create parking impacts in residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land
Use Plan.
e) The project will not preclude service commercial uses in areas
especially suited for these uses when compared with medical
services.
f) The project site can accommodate the parking requirements of the
proposed medical service and will not result in other lease spaces
being under-utilized because of a lack of available parking.
5. Allowed by right only in the S-1c and S-2 aviation safety areas (as
defined in the ALUP), where an employer provides on-site child care to
14 or fewer children for the exclusive benefit of employees. Larger
facilities for employees may be approved by the Planning Commission,
if allowed by the Airport Land Use Commission.
6. Broadcast studios are allowed by right except that an administrative use
permit is required to permit any on-site antennas, dishes, or
transmission towers; or any radio, microwave other type of airbound
transmission from the project site or any other site within the Airport
Area.
7. Caretakers quarters shall have a maximum floor area of 1,000 square
feet and shall not be allowed in aviation safety area S -1a or the runway
protection zone, as defined in the ALUP.
8. These uses are identified in the San Luis Obispo County Regional
Airport Land Use Plan as noise-sensitive, specific sound-attenuation
requirements may apply. Refer to the ALUP for more information.
EXHIBIT A
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9. Nightclub uses proposed in the BP zone shall meet the standards and
requirements of the Airport Land Use Plan, and shall be referred to the
Airport Land Use Commission for a determination of consistency with
the Airport Land Use Plan. All tall structures shall be reviewed by the
Air Traffic Division of the FAA regional office having jurisdiction over
San Luis Obispo County to determine compliance with the provisions
of FAR Part 77. In addition, applicable construction activities must be
reported via FAA Form 7460-1 at least 30 days before proposed
construction or application for building permit.
EXHIBIT A
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City of San Luis Obispo
Zoning Regulations March 2015
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall D D A D A/D D D D
Commercial recreation facility - Indoor PC D D D D D(12) PC D 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility DADDPCAAD
Golf Course PC
Library, museum PC D D D D
Library, branch facility DDDD
Night club D D D D D D Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7) D(7) D(7)
PC PC
School - College, university campus PC
School - Elementary, middle, secondary PC PC D D PC D
School - Specialized education/training PC A/D A/D A A A
Special event DDDDDDDDD 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A
Theater PC(8)D D D D Chapter 17.95
Theater - Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A D
Fraternity, sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
AAAAAA AA
Mobile home park A A A A
Multi-family dwellings A A A A D D
A A A A A A A/D A/D A/D D
A A A A A D A/D A/D D
Residential hospice facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family dwellings A A A(2) A A A A D D
Secondary dwelling units A A A A A Chapter 17.21
Work/live units D D 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
Page 102
Residential care facilities - 6 or fewer residents
Residential care facilities - 7 or more residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite classroom
facility
Mobile home as temporary residence at building
site
'
EXHIBIT A
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City of San Luis Obispo
Zoning Regulations March 2015
Page 106
Notes to Table 9:
1. Ozone - All uses.A Use Permit is required for the conversion of residential structures
to non-residential uses. In order to approve a Use Permit, the Director shall first find
that:
a. The location, orientation, height, and mass of new structures will not significantly
affect privacy in nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to
local streets in nearby residential areas; and
c. The project includes landscaping and yards that adequately separate parking and
pedestrian circulation areas from sites in nearby residential areas.
2. R-1 zone - Multiple dwellings.Except for condominiums, the construction of more
than one dwelling on a parcel in the R-1 zone requires Administrative Use Permit
approval. R-1 density standards apply.
3. C-N zone - Limitations on floor area.A general retail use in the C-N zone shall not
exceed a gross floor area of 2,000 square feet for each establishment, or a combined
floor area of all general retail establishments within a shopping center of 25 percent of
the total floor area in a shopping center with a gross floor area of 15,000 square feet or
more; and shall not exceed 50 percent of the total floor area in a shopping center with a
gross floor area of less than 15,000 square feet. The Administrative Use Permit may
provide for exceptions to the floor area limitations above. For general retail uses with a
floor area greater than 2,000 square feet on a parcel not located within a shopping
center, an Administrative Use Permit shall be required to insure consistency with
policies of the General Plan Land Use Element and compatibility with surrounding
uses.
4. C-S and M zones - Required findings for offices.The approval of an office facility in
the C-S or M zone shall require that the review authority first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to
use local or collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to
noise, light and glare, and loss of privacy, among others, imposed by commercial
activities on nearby residential areas, by using methods such as setbacks,
landscaping, berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas
especially suited for these uses when compared with offices; and
e. The project will not create a shortage of C-S- or M-zoned land available for service
commercial or industrial development.
5. C-R zone - Auto sound system installation.Auto sound installation services may be
approved only as an accessory use to the retail sales of auto sound systems on the
same site. Use Permit review shall consider parking space displacement, noise from
the operation, and the appearance and visibility of the installation area.
6. Parking as a principal use.Use Permit approval may include deviations to otherwise
applicable setback requirements and building height limits. A multi-level parking facility
shall require the approval of a Use Permit by the Planning Commission.
7. Religious facilities.
EXHIBIT A
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City of San Luis Obispo
March 2015 Zoning Regulations
Page 107
a. C-S zone requirements.Use Permit review shall consider that the C-S zone is
primarily intended to accommodate uses not generally suited to other commercial
zones because of noise, truck traffic, visual impacts and similar factors. A Use
Permit may be approved only when the religious facility will not likely cause
unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b. C-T and M zone requirements.A religious facility use may be allowed only inside
an existing building.
8. PF zone - Theaters.Only non-profit theaters are permitted.
9. Day care centers.Allowed by right where accessory to a church or school, or where
an employer provides on-site child care to 14 or fewer children for the exclusive benefit
of employees, providing the primary use meets City parking standards.
10. Groceries, Liquor, Specialty Foods in the CN Zone.In the C-N zone, grocery, liquor
and specialty food stores less than 3,000 square feet are allowed. Such uses with a
gross floor area between 3,000 and 5,000 square feet are allowed with the approval of
an Administrative Use Permit. Stores between 5,000 and 10,000 square feet may be
approved by Planning Commission Use Perm it. In order for a use permit to be
approved by the Hearing Officer or by the Planning Commission, the deciding body
must find that the proposed use is compatible with surrounding uses and the
surrounding neighborhood, and that the use is consistent with the purpose and intent of
the Neighborhood Commercial designation as discussed in the General Plan.
11.In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer
must make the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial
or commercial collector in the Circulation Element and has convenient access to
public transportation.
c) The proposed medical service will not significantly increase traffic or create
parking impacts in residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited
for these uses when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed
medical service and will not result in other lease spaces being under-utilized
because of a lack of available parking.
12. C-S zone - Required findings for Indoor Commercial Recreational Facilities.
Commercial indoor recreational uses in the C-S zone shall not include less than
10,000 square feet gross floor area per establishment. The approval of an indoor
commercial recreational facility in the C-S zone shall require that the review authority
first find that:
a) The proposed use will serve the community, in whole or in significant part, and
the nature of the use requires a larger size in order to function;
EXHIBIT A
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City of San Luis Obispo
Zoning Regulations March 2015
Page 108
b) The project will be compatible with existing and allowed land uses in the area;
c) The project location or access arrangements will not significantly direct traffic to
use local or collector streets in residential zones;
d) The project will not preclude industrial or service commercial uses in areas
especially suited for these uses when compared with recreational facilities; and
e) The project will not create a shortage of C-S -zoned land available for service
commercial development.
13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when
accessory to a public assembly use, such as a club, lodge, private meeting hall or
religious facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3 or R-4
zones and in all applicable zoning districts on properties that contain residential uses as
the primary use.
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$LUSRUW$UHD6SHFLILF3ODQ5HIHUWRWKH$OORZHGXVHV7DEOHRIWKH$LUSRUW$UHD
6SHFLILF3ODQIRUPRUHLQIRUPDWLRQ
EXHIBIT A
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LAND USE | 4-15
Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavern D D D1
Club, lodge, private meeting hall D
Commercial recreation facility - Indoor PC PC D
Commercial recreation facility – Outdoor PC PC
Fitness/health facility A A A1
Night club D
Park, playground D
Public assembly facility PC PC
Religious facility8 D D2
School – Specialized education/training8 A A D
Sports and active recreation facility PC PC PC
Sports and entertainment assembly facility PC PC
RESIDENTIAL USES
Caretaker quarters A A A D
D3,9
EXHIBIT B14.c
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LAND USE | 4-19
Numbered Notes to Table 4.3:
1.These activities are considered secondary uses for business parks.
Within a development project site, their combined floor area shall not
exceed 25 percent of the total floor area. Some are also subject to
limits on individual floor area, as shown in the body of the table. Floor
area limitations shall not apply to bank headquarters.
2.Use permit review shall consider that the C-S zone is primarily
intended to accommodate uses not generally suited to other
commercial zones because of noise, truck traffic, visual impacts and
similar factors. A use permit may be approved only when the church
will not likely cause unreasonable compatibility problems with existing
or likely future service commercial uses in the vicinity. Use permit
conditions may include measures to mitigate incompatibility.
3.In the C-S zone, nightclubs must contain a minimum of four thousand
five hundred square feet of floor area. In the BP zone, no minimum floor
area is required for nightclubs. The required use permit process for both
the C-S and BP zones shall address parking, neighborhood
compatibility and security issues.
4.In order to approve a Medical Service use in the C-S or BP zones, the
Hearing Officer must make the following findings:
a)The proposed medical service is compatible with surrounding land
uses.
b)The proposed medical service is located along a street
designated as an arterial or commercial collector in the Circulation
Element and has convenient access to public transportation.
c) The proposed medical service will not significantly increase traffic
or create parking impacts in residential neighborhoods.
d)The proposed medical service is consistent with the Airport Land
Use Plan.
e)The project will not preclude service commercial uses in areas
especially suited for these uses when compared with medical
services.
f)The project site can accommodate the parking requirements of
the proposed medical service and will not result in other lease
spaces being under-utilized because of a lack of available
parking.
5.Allowed by right only in the S-1c and S-2 aviation safety areas (as
defined in the ALUP), where an employer provides on-site child care
to 14 or fewer children for the exclusive benefit of employees. Larger
facilities for employees may be approved by the Planning
Commission, if allowed by the Airport Land Use Commission.
6.Broadcast studios are allowed by right except that an administrative
use permit is required to permit any on-site antennas, dishes, or
transmission towers; or any radio, microwave or other type of
airbound transmission from the project site or any other site within the
Airport Area.
7.Caretakers quarters shall have a maximum floor area of 1,000 square
feet and shall not be allowed in aviation safety area S-1a or the
runway protection zone, as defined in the ALUP.
8.These uses are identified in the San Luis Obispo County Regional
Airport Land Use Plan as noise-sensitive, specific sound-attenuation
requirements may apply. Refer to the ALUP for more information.
9.Nightclub uses proposed within the BP zone shall meet the standards
and requirements of the Airport Land Use Plan, and shall be referred to
the Airport Land Use Commission for a determination of consistency
with the Airport Land Use Plan.EXHIBIT B14.c
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Packet Pg. 361 Attachment: c - Planning Commission Resolutions 2-10-16 (1303 : SLO Brew Night Club Text Amendment)
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Packet Pg. 362 Attachment: c - Planning Commission Resolutions 2-10-16 (1303 : SLO Brew Night Club Text Amendment)
SAN LUIS OBISPO COUNTY
AIRPORT LAND USE COMMISSION
Chairman: Roger Oxborrow
Commissioners: William (Bill) Borgsmiller
Michael Cripe
Craig Piper
John Eichler
Allen Settle
Erich Schaefer
NOTICE OF AIRPORT LAND USE COMMISSION ACTION
ALUC 2015-004
HEARING DATE: December 16, 2015
RECOMMENDATION TO: City of San Luis Obispo
SUBJECT: A mandatory referral by the City of San Luis Obispo (City) for a determination
of consistency or inconsistency for the SLO Brew Production Facility Zoning
Text Amendment and Specific Plan Amendment to add "Night Club" as an
allowed use in the Business Park Zone.
On December 16, 2015, the Airport Land Use Commission determined the above referenced
project Consistent with the San Luis Obispo County Regional Airport Land Use Plan (ALUP)
and referred it back to the City of San Luis Obispo, Rachel Cohen, Project Manager, on the
basis the Findings and Revised Conditions in the staff report.
If you have any questions regarding this matter, please contact me at (805) 781-5718.
Sincerely,
Nicole Retana, Secretary
Airport Land Use Commission
(Planning Department Use Only)
Enclosed: _2L Airport Land Use Commission Staff Report
976 OSOS STREET, ROOM 300 •SAN LUIS OBISPO• CALIFORNIA 93408 • (805) 781-5600 • TIY /TDD RELAY -711
planning@co.slo.ca.us • FAX: (805) 781-1242 • HTTP://www.slocounty.ca.gov/planning.htm
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Packet Pg. 363 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
STAFF REPORT
SAN LUIS OBISPO COUNTY AIRPORT LAND USE COMMISSION
DATE: DECEMBER 16, 2015
TO: AIRPORT LAND USE COMMISSION (ALUC)
FROM: BRIAN PEDROTTI, AIRPORTS PLANNER, COUNTY PLANNING AND BUILDING
REFERRING
AGENCY: CITY OF SAN LUIS OBISPO
APPLICANT: SLO BREW PRODUCTION FACILITY
CITY FILE NUMBER: CODE-1316-2015
PROJECT MANAGER: RACHEL COHEN, CITY OF SLO
SUBJECT: HEARING TO CONSIDER A MANDATORY REFERRAL BY THE CITY OF SAN
LUIS OBISPO (CITY) FOR A DETERMINATION OF CONSISTENCY OR
INCONSISTENCY FOR THE SLO BREW PRODUCTION FACILITY ZONING
TEXT AMENDMENT AND SPECIFIC PLAN AMENDMENT TO ADD "NIGHT
CLUB" AS AN ALLOWED USE IN THE BUSINESS PARK ZONE. THE
PURPOSE OF THE AMENDMENT IS TO ALLOW LIVE OUTDOOR
ENTERTAINMENT AT THE SLO BREWING PRODUCTION FACILITY IN THE
AEROVISTA BUSINESS PARK.
LOCATION: THE PROPOSAL APPLIES TO THE BUSINESS PARK ZONE WITHIN THE
AIRPORT AREA SPECIFIC PLAN OF THE CITY OF SAN LUIS OBISPO,
INCLUDING AREAS WEST OF HIGHWAY 227 AND AROUND TANK FARM
ROAD, AS WELL AS THE SAN LUIS RANCH PROPERTY. THE SPECIFIC
PROPOSAL SITE IS A 3.49-ACRE PROPERTY (APN: 053-412-022) LOCATED
AT 855 AEROVISTA PLACE WITHIN THE CITY OF SAN LUIS OBISPO, WITHIN
THE AEROVISTA BUSINESS PARK, AND APPROXIMATELY 300 FEET FROM
THE INTERSECTION OF AEROVISTA PLACE AND HIGHWAY 227. THE
PROPERTY IS WITHIN THE BUSINESS PARK ZONE. THE PROPOSED
PROJECT IS LOCATED IN THE SAN LUIS OBISPO COUNTY REGIONAL
AIRPORT LAND USE PLAN (ALUP)-AVIATION SAFETY AREAS S-1c.
RECOMMENDATION:
Recommend a determination of consistency to the City of San Luis Obispo for the proposed
Zoning Text Amendment and Specific Plan Amendment to add "night club" as an allowed use in
the Business Park Zone applicable only to the SLO Brewing Facility Project Site in accordance
with Section 2. 7 of the ALUP and subject to the eight conditions of approval set forth on pages and
7 and 8 of this report, and that future "night club" uses in all other areas of the AASP Business
Park Zone shall be required to meet the standards and requirements of the Airport Land Use Plan
and shall be referred to the Airport Land Use Commission for a determination of consistency with
the Airport Land Use Plan.
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Packet Pg. 364 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
Finding(s):
1. The proposed amendment to add "night club" to the BP zone is consistent with General
Land Use Policy G-3, because the project is consistent with the applicable Specific Land
Use Policies for Noise and Safety with conditions of approval that require specific siting of
the use and referral to the Airport Land Use Commission for future proposals. An
amendment to add "night club" to the specific SLO Brewing Facility property (APN: 053:.
412-022) is consistent with the General Land Use policies because all information required
for review has been provided by the referring agency; and the specific project does not
present specific incompatibilities to the continued economic vitality and efficient operation
of the Airport with respect to safety, noise, overflight or obstacle clearance.
2. The proposed amendment to add "night club" to the BP zone is consistent with the Specific
Land Use Policies for Noise because conditions of approval are included that require that
future development proposals are referred to the ALUC in all portions of the Business Park
Zone. An amendment to add "night club" to the specific SLO Brewing Facility property
(APN: 053-412-022) is consistent with the Specific Land Use Policies for Noise because
although the use is inconsistent with the strict application of the policies, the proposed
individual project presents a unique circumstance whereby live outdoor music associated
with a brewery involves sound amplification and the expectation of higher decibel levels
among the outdoor seated patrons. Additionally, noise-sensitive uses such as wedding
ceremonies are restricted in the conditions of approval.
3. The proposed amendment to add "night club" to the BP zone is consistent with the Specific
Land Use Policies for Safety because the density of future nonresidential development with
a proposed "night club" use will be required to conform to the ALUP. An amendment to add
"night club" to the specific SLO Brewing Facility property (APN: 053-412-022) is consistent
with the Specific Land Use Policies for Safety because 1) the project is consistent with the
120 person/acre maximum density of non-residential use in Table 7, and 2) although the
use is inconsistent with the strict application of Table 8, the proposed individual project
presents a unique circumstance whereby the maximum attendance of 600 people is
anticipated to be congregated both inside and outside within the larger 3.49 acre site during
live outdoor music events, with a non-residential land use density significantly less than
applied in Table 8.
4. As required by the applicable Specific Land Use Policies for Airspace Protection, the
proposed amendment to add "night club" to the BP zone does not approve any specific
development. An amendment to add "night club" to the specific SLO Brewing Facility
property (APN: 053-412-022) does not allow development to exceed 200 feet above ground
level; obstruct the surface of a takeoff and landing area or any imaginary surface
established under Section77.25 or 77.29 of the Federal Aviation Regulations; or allow any
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Packet Pg. 365 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
structure, landscaping, glare, apparatus, or other feature, whether temporary or permanent
in nature to constitute an obstruction to air navigation or a hazard to air navigation.
5. As required by the applicable Specific Land Use Policies for Overflight, the proposed
amendment to add "night club" to the BP zone is consistent with the overflight policies of
the ALUP to ensure that potential and prospective airport area land users are provided with
sufficient information on the presence and activity of the Airport and associated noise and
safety impacts in order for them to make an informed decision as to whether or not they
wish to live and/or work in the Airport area. The majority of property in the BP zone,
including the site of the specific proposed brewery, is adjacent to the airport and is not
located within any flight paths. Individual projects will be required to provide avigation
easements and full and accurate disclosure of airport operations.
6. The proposed amendment to add "night club" to the BP zone will not exceed the maximum
building coverage nor increase densities greater than what is allowed per Table 7 of the
ALUP, because the addition of "night club" does not propose any specific development. An
amendment to add "night club" to the specific SLO Brewing Facility property (APN: 053-
412-022) does not exceed the maximum building coverage nor increase densities greater
than what is allowed per Table 7 of the ALUP because the incorporated conditions of
approval limit the allowed number of people on the site.
PROJECT DESCRIPTION:
Proposal: Add "night club" to existing Business Park Zone (City of San Luis Obispo) to the
Airport Area Specific Plan, and allow "night club" use for the specific SLO Brewing
Facility property (APN: 053-412-022)
Setting: Various
Existing Uses: Various
Site Area: Various properties within the Airport Review Area
DISCUSSION:
Project Description
Proposed Addition of "Night Club" to Business Park Zone (BP)
The applicant has submitted a request to the City of San Luis Obispo to allow "night club" as an
allowed use in the BP zone of the Airport Area Specific Plan (AASP). The addition of this use
necessitates an amendment to the City's General Plan to add the use to the BP zone of the AASP.
Proposed Outdoor Live Music with SLO Brewing Facility
The specific project that has precipitated the addition of "night club" to the BP zone is a request for
outdoor live music at the proposed location of a new brewery and tasting room at 855 Aerovista
Place. The project includes a 10,204 square foot brewery production facility, a 1, 170 square foot
beer tasting area, a 256 square foot kitchen to serve pizza with indoor seating, and 600 square
feet of outdoor seating. The proposal includes a request to host live music for the patrons of the
tasting room around the existing rock outcropping in the outdoor patio area and/or inside the
facility. In addition, the request includes hosting weddings, concerts, or other large party events on
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Packet Pg. 366 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
Friday evenings, Saturdays, and Sundays ending no later than 10:30 pm with a maximum
attendance of 600 people.
Setting/Existing Uses/Site Area
Proposed Addition of "Night Club" to Business Park Zone
The GPA proposal includes the addition of a new "night club" use to the BP zone of the AASP in
the City of San Luis Obispo. These areas include pockets of BP zone west of Highway 227 and
around Tank Farm Road, as well as the San Luis Ranch property. Much of the BP zone is already
developed with a mix of commercial and warehouse uses. Undeveloped BP zone areas include
some parcels around Aerovista Place and at the northwest corner of Tank Farm Road and
Highway 227. A specific plan for the San Luis Ranch property bordered by Buckley Road and
Vachell Lane is currently under review and therefore "night club" uses may or may not apply
depending on the final approval of the specific plan. Night club uses are not anticipated in the San
Luis Ranch property under the current proposal.
Proposed Outdoor Live Music with SLO Brewing Facility
The specific brewery with tasting room is proposed at 855 Aerovista Place on APN 053-412-022
(3.49 acres), with outdoor live music at the base of a large existing rock outcropping. The property
is an undeveloped parcel within the Aerovista Business Park, which includes four, two-story office
buildings that house a variety of professional offices, a fitness facility, and the proposed SLO
Brewery. The Aerovista Business Park campus is on a total of 9.94 acres. The airport is located
directly across Aerovista Place to the west, and property to the north and south is undeveloped.
Airport Land Use Plan Applicability
The project is a request to add "night club" to the City's Business Park Zone to allow live outdoor
entertainment, which is intended to facilitate the addition of live outdoor music to the SLO Brewing
facility. The various locations of BP zoning are located primarily within San Luis Obispo County
Regional Airport Land Use Plan Aviation Safety Area S-1 c with a few areas within Safety Area S-
1 b and a small section within the Runway Protection Zone of the San Luis Obispo County Regional
Airport (SBP) active Runway 29. Portions of the BP Zone are located within the projected 50 dB,
55 dB, and 60 dB airport noise contours, as shown on Exhibit 2 (Airport Noise Contours). Whether
the proposed night club use is an allowable use in accordance with the ALUP 5.3 Land Use
Compatibility Table is dependent on the location and surrounding uses of each specific future
project, because the proposed use is considered a restaurant with exterior seating areas, and this
use within some Airport Noise Exposures and Aviation Safety Areas is allowable (see further
discussion below under Noise and Safety).
ALUP Table 7-Planning Requirements
Proposed Addition of "Night Club" to Business Park Zone
The proposed project to add "night club" to the BP zone in the AASP does not change the
requirements for future individual projects in the BP zone to meet the maximum building coverage,
density of residential use, and density of non-residential use provisions of Table 7. However, the
addition of the proposed "night club" use could facilitate the introduction of venues for live outdoor
music where a higher density of people congregate. Future projects that include the "night club"
use would be required to meet these requirements.
Proposed Outdoor Live Music with SLO Brewing Facility
The AASP allows 120 people per acre as a Cluster Development Zone with approved Airport
Compatible Open Space Plan and Detailed Area Plan. The proposal for live outdoor music for the
SLO Brewing project is consistent with the 120 person/acre maximum density of non-residential
use, because the overall site of the Aerovista Business Park is 9.94 acres, which allows a
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Packet Pg. 367 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
maximum of 1, 192 people on the site. The project applicant proposes a maximum of 600 people
for the outdoor live venue. Events are proposed to be scheduled on Friday evenings, Saturdays,
and Sundays, when minimal employees are within the offices and other businesses that comprise
the Aerovista Business Park.
ALUP Table 8-Non-Residential Land Use Densities
The applicable use category from Table 8 for the proposed "night club" use is Food and Beverage
Service. Future proposals in the BP zone will be required to comply with the non-residential
density requirement of one person per 60 square feet of gross floor area. The proposed SLO
Brewing facility includes a 10,204 square foot brewery production facility, a 1, 170 square foot beer
tasting area, 256 square-foot kitchen, and 600 square feet of outdoor seating for a total area of
12,230 square feet. With a maximum anticipated attendance of 600 people, the proposed facility
exceeds the one person per 60 square feet gross floor area requirement if based on the strict
developed square footage, as the proposal would result in one person per approximately 20
square feet of gross floor area. However, as the maximum attendance of 600 people is anticipated
to be congregated both inside and outside within the larger 3.49 acre site during live outdoor music
events, the non-residential land use density would be significantly less at approximately one
person per 250 square feet.
ALUP 4.2 General Land Use Policies
The proposed project is consistent with the general land use policies because although it is
unknown whether individual projects will conform with all applicable Specific Land Use Policies,
including noise and safety, future night club uses on specific sites will be required to obtain a
determination of consistency by the ALUC. See Specific Land Use Policy section below for more
information.
ALUP 4.3 Specific Land Use Policies: Noise
Proposed Addition of "Night Club" to Business Park Zone
The proposed project is not consistent with the objective of the ALUP noise policies to minimize
the number of people exposed to frequent and/or high levels of airport noise or to frequent and/or
high cumulative noise levels of which airport noise is one component. Outdoor eating and drinking
areas associated with a bar or tavern use is considered an Extremely Noise Sensitive Land Use.
According to Table 5, which summarizes the compatibility of noise sensitive land uses with
projected CNEL contours, these types of land uses are prohibited within the 60 dB contour and
must qualify as Infill development (Section 4.3.2.3) if they are located between the 55 and 60 dB
contours.
Since the Business Park Zone includes areas within the 60 dB contour, as well as areas between
the 55 and 60 dB contours, it is unknown whether future individual projects would be compatible,
prohibited, or would need to qualify as infill if located within these noise contours. Therefore, the
request to add the proposed use to the BP zone is not consistent with the ALUP noise policies.
Staff has included conditions of approval that future "night club" proposals in the BP zone of the
AASP to be referred to the ALUC for a determination of consistency if they fall between the 55 and
60 dB contour, and are prohibited in the 60 dB contour unless the ALUC finds them consistent with
the ALUP by a 2/3 majority vote as described in Section 2.7 of the ALUP.
Proposed Outdoor Live Music with SLO Brewing Facility
The specific request to add outdoor live music to the SLO Brewing Facility is inconsistent with the
noise contour policies of the ALUP. The property is split between being inside the 60 dB CNEL
contour and between the 55 and 60 dB contours, with the outdoor music area primarily inside the
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Packet Pg. 368 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
60 dB contour.
As stated above, outdoor eating and drinking areas associated with a bar or tavern use is
considered an Extremely Noise Sensitive Land Use. According to Table 5, which summarizes the
compatibility of noise sensitive land uses with projected CNEL contours, these types of land uses
are prohibited within the 60 dB contour and must qualify as Infill development (Section 4.3.2.3) if
they are located between the 55 and 60 dB contours.
In the case of the SLO Brewing Facility, the proposed use involves 600 square feet of outdoor
seating and live music around the existing rock outcropping in the outdoor patio area. The
applicant has also proposed to host weddings, concerns, or other large party events on Friday
evenings, Saturdays, and Sundays no later than 10:30 pm with a maximum attendance of 600
people. Live outdoor music is potentially consistent with the noise policies due to the sound
amplification and the expectation of higher decibel levels among the outdoor seated patrons.
However, attendees at events such as weddings or other large outdoor parties are more likely to
expect a quieter surrounding than the 55-60 and above decibel levels. Staff has recommended
conditions of approval restricting wedding ceremonies or other similar noise-sensitive events, as
well as restricted days and hours for live outdoor music to occur.
ALUP 4.4 Specific Land Use Policies: Safety
Proposed Addition of "Night Club" to Business Park Zone
The various locations of Business Park zoning are located primarily within San Luis Obispo County
Regional Airport Land Use Plan Aviation Safety Area S-1 c with a few areas within Safety Area S-
1 b and a small section within the Runway Protection Zone of the San Luis Obispo County. As
stated earlier, the AASP allows 120 people per acre as a Cluster Development Zone with approved
Airport Compatible Open Space Plan and Detailed Area Plan. In the case of the addition of "night
club" use to the BP zone, future nonresidential development would be required to be consistent
with the densities specified in Table 7. Therefore the project is consistent with the ALUP safety
policies.
Proposed Outdoor Live Music with SLO Brewing Facility
The project is potentially consistent with the ALUP Safety Policy S-2, which states that a project
would be inconsistent with the ALUP if the project would permit or fail to adequately prohibit any
future nonresidential development at a density greater than specified in Table 7. These policies are
intended to minimize the risk to the safety and property of persons on the ground associated with
potential aircraft accidents and to enhance the chances for survival of the occupants involved in an
accident which takes place beyond the immediate runway environment.
Although the proposal for live outdoor music for the SLO Brewing project is consistent with the 120
person/acre maximum density of non-residential use, the proposed facility is not strictly consistent
with the one person per 60 square feet gross floor area for non-residential land use densities
provided in Table 8, as the proposal would result in one person per approximately 40 people per
acre based on the square footage of the building. However, as the maximum attendance of 600
people is anticipated to be congregated both inside and outside within the larger 3.49 acre site
during live outdoor music events, the non-residential land use density would be significantly less at
approximately one person per 250 square feet.
ALUP 4.5 Specific Land Use Policies: Airspace Protection
The proposed project is consistent with the airspace protection policies of the ALUP to minimize
the risk of potential aircraft accidents in the vicinity of the Airport by avoiding the development of
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Packet Pg. 369 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
land uses and land use conditions which pose hazards to aircraft in flight. The proposed project
does not pose an obstruction to the air navigation because the height of proposed future
development, including the specific brewery project, in the BP zone is limited to the heights in the
City Zoning Ordinance. The area zoned BP is located. within the Transitional and Horizontal
Airport Imaginary surfaces, and the specific brewery project is located in the Transitional Airport
Imaginary surface.
ALUP 4.6 Specific Land Use Policies: Overflight
The proposed project is consistent with the overflight policies of the ALUP to ensure that potential
and prospective airport area land users are provided with sufficient information on the presence
and activity of the Airport and associated noise and safety impacts in order for them to make an
informed decision as to whether or not they wish to live and/or work in the Airport area. The
majority of property in the BP zone, including the site of the proposed brewery, is adjacent to the
airport and is not located within any flight paths. Individual projects will be required to provide
avigation easements and full and accurate disclosure of airport operations. A portion of the BP
zone (San Luis Ranch) is located between numerous flight paths. This project is currently under
review for a specific plan, and those employees will receive sufficient information regarding the
presence of airport activity within the vicinity as part of the specific plan review.
ALUC ACTION CHOICES
The ALUP recognizes that because the ALUP covers a wide and diverse geographical area, the
strict application of ALUP polices may be inappropriate under circumstances in the review of small-
scale individual projects. In the case of a situation where a project fails to meet one or more of the
ALUP policies, the ALUC is authorized to find a proposed individual project consistent with the
ALUP with an action requiring a 2/3 majority vote by the ALUC (Section 2.7). However, in the case
of a general plan amendment, specific plan amendment, or zoning regulation, the ALUC is only
authorized to find the request consistent with the ALUP with a 2/3 majority vote if:
a) the action only applies to property occupied by the referred individual project, and
b) the action shall contain provisions sufficient to ensure that no development other than
the exact project referred to and considered by the ALUC may be established within
the referral area.
The current request is a general plan amendment and specific plan amendment to add "night club"
to the Business Park Zone. Future developments with a "night club" use could be compatible,
prohibited, or would need to qualify as infill depending upon the specific characteristics and
location of the development. Conditions of approval are included that future "night club" proposals
in the BP zone of the AASP be referred to the ALUC for a determination of consistency.
If the ALUC finds the specific SLO Brewing Facility project to be inconsistent with specific policies
of the ALUP, they are authorized to find the project consistent with the ALUP under the provisions
of Section 2. 7 because it is a specific, individual project. Section 2. 7 is clear that the ALUC is
authorized to find projects consistent with the ALUP with a 2/3 majority vote only for a specific and
individual project. The proposed addition of "night club" to the SLO Brewery Facility is a specific
and individual project because it affects one specific property, and therefore can be found
consistent under the provisions of Section 2.7. Staff has included findings and conditions of
approval for this ALUC action.
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Packet Pg. 370 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
Revised Conditions:
Conditions of Approval to be incorporated into the proposed amendment to add "night
club" use to the Business Park Zone within the Airport Area Specific Plan:
1. Future development that includes "Nightclub" uses proposed within the Business Park Zone
of the Airport Area Specific Plan shall meet the standards and requirements of the Airport
Land Use Plan, and shall be referred to the Airport Land Use Commission for a
determination of consistency with the Airport Land Use Plan.
2. All tall structures shall be reviewed by the Air Traffic Division of the FAA regional office
having jurisdiction over San Luis Obispo County to determine compliance with the
provisions of FAR Part 77. In addition, applicable construction activities must be reported
via FAA Form 7460-1 at least 30 days before proposed construction or application for
building permit.
Conditions of Approval to be incorporated into any use permit(s) for development for the
specific SLO Brewing Facility project site (APN: 053-412-022):
1. Non-residential density for the property is limited to no more than 600 persons.
2. No wedding ceremonies or other similar noise-sensitive events and/or activities are allowed
on the outdoor portions of the property, and any indoor uses must comply with applicable
density restrictions within the Airport Land Use Plan.
3. The proposed hours allowed for live outdoor music events shall be 6:00 p.m. to 11 :00 p.m.
on Fridays, and 8:00 a.m. to 11 :00 p.m. on Saturdays and Sundays.
4. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the ALUP.
5. Any use is prohibited that may entail characteristics which would potentially interfere with
the takeoff, landing, or maneuvering of aircraft at the Airport, including:
• creation of electrical interference with navigation signals or radio communication
between the aircraft and airport;
• lighting which is difficult to distinguish from airport lighting;
• glare in the eyes of pilots using the airport;
• uses which attract birds and create bird strike hazards;
• uses which produce visually significant quantities of smoke; and
• uses which entail a risk of physical injury to operators or passengers of aircraft (e.g.,
exterior laser light demonstrations or shows).
6. Avigation easements will be recorded for each property developed within the area included in
the proposed local action prior to the issuance of any building permit or conditional use permit.
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Packet Pg. 371 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
7. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
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Packet Pg. 372 Attachment: d - ALUC Action (December 16, 2015) (1303 : SLO Brew Night Club Text Amendment)
AEROVISTA
BUSINESS,PARK
S,A,N,,,L,U,I,S,,,O,B,I,S,P,O
Proposal
for
Zone Text Amendment
Specific Plan Amendment
BUSINESS PARK ZONE
City of San Luis Obispo
Revised July 20, 2015
Steven D. Pults, AIA & Associates, LLP
3592 Sacramento Drive, Suite 140
San Luis Obispo, CA 93401
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Packet Pg. 373 Attachment: e - Project Description (1303 : SLO Brew Night Club Text Amendment)
Zoning Text Amendment
This summarizes our request for a text amendment to add special events “Night Club Use” as an allowed
use, with directors approval, in the Business Park Zone. Currently there are no provisions for any kind of
entertainment or special event in the BP Zone.
Our current project, the SLO Brewing Production Facility, is located in the Business Park Zone in the
airport area. A small part of the project includes a beer tasting room, along with a small kitchen to serve
pizza. There are indoor and outdoor seating areas to accommodate customers. The purpose of the text
amendment is to provide the opportunity to have live entertainment, at appropriate times, for this
function.
The production facility is set in the midst of the Aerovista Business Park. The park includes four other
office buildings, which house a variety of professional offices. The entire campus is 9.94 acres. The
timing of events would be controlled and be outside of normal office hours. Live entertainment events
would be limited to evenings, weekends when the office buildings will be virtually empty. Hours would
be in accordance with the Airport Land Use Commission approval: Fridays from 5:00 to 11:00 pm,
Saturday and Sundays from 8:00 am to 11:00 pm. The entire campus is 9.94 acres.
The initial concept includes a couple of events per week, which would consist of a local band to provide
live music for the patrons of the tasting room. There may also be concerts or possibly weddings on
weekends only for larger crowds of up to 600. These would be held around the existing rock outcropping
in the outdoor patio area and/or inside the facility. Parking for these events would be on site which has a
total of 447 parking spaces.
The actual number, type, and timing for events would be considered on an individual basis as part of the
administrative use permit process. No events would be allowed without directors approval.
We feel these events are consistent with the currently allowed uses in this zone. While each project has a
different set of conditions in terms of location, tenants, parking, etc., the administrative use permit process
would provide the specific controls on a location by location basis.
Specific Plan Amendment
We feel this proposal falls within the intent of existing Airport Area Specific Plan policies.
The Airport Area Specific Plan states the following regarding Business Park Zoning:
“Areas designated Business Park are primarily for research and development, light manufacturing, and
business services that are compatible with each other and with airport operations. Activities that are
supportive of, or accessory to, the primary activities may be allowed as well.”
The underlined portion of this section is clearly supportive of accessory uses. The specific plan currently
allows, with Directors Approval, a Bar/Tavern or in our case a tasting room. To have a band or even a
single musician would seem to be a normal accessory use for a bar/tavern, but currently there is no
provision to allow any type of live entertainment.
The Business Park Zone is intended to include projects that are designed as a “Campus Type
Development” with a fairly wide mix of business services, manufacturing, and distribution in a single
location. These developments would typically be virtually unoccupied on nights and weekends, making
them an excellent location for the type of special events we have requested. The developments are
generally located away from residential areas or uses that would conflict with these events.
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Packet Pg. 374 Attachment: e - Project Description (1303 : SLO Brew Night Club Text Amendment)
General Plan
We feel this proposal falls within the intent of existing General Plan policies.
One of the goals of the General Plan is to: “Emphasize more productive use of existing commercial
buildings and land areas already committed to urban development”. Our request to allow special events
in the Business Park Zone is directly aligned with that goal. Weekend and after hour events will allow the
use of existing commercial developments when they would otherwise be vacant and unused.
The General Plan uses designated for Business Parks, includes: Research and development, Light
manufacturing, Financial and Professional Services and Offices, Small Retail, Restaurants, Caretaker
quarters, and Public and quasi-public uses. It also encourages “compatible mixed uses in commercial
districts”. Again our proposal falls directly in line with these.
General Plan Policy 4.3, states: “Entertainment facilities, such as nightclubs and theaters shall be in the
Downtown”. This policy appears to conflict with our request, however, it needs to be noted that we are
not requesting that a traditional “nightclub” be allowed, and we have no desire or intention of running a
nightclub. The terminology is somewhat misleading. The special event and live music uses we are
requesting are very different from a traditional nightclub.
The general plan and the zoning ordinance have no specific category that accurately defines our request.
City staff has indicated that what we are asking for would fall under the “nightclub” classification, so we
have applied under this classification. We are asking to be able to provide live music in conjunction with
a beer tasting room, and to be able to have special events, such as concerts and possibly weddings. We do
not feel that this would conflict with a traditional nightclub or this policy.
Airport Land Use Commission
Requirements:
1 Proposed amendment requires approval by the Airport Land Use Commission.
2. Proposed amendment - refer to attached zoning regulations mark up.
3. Adjacent property owners - to be provided by the City.
4. Map of geographic area, including land uses, airport area, - refer to Specific Plan Map attached.
Airport Area Safety Zone: S-1c - refer to attache Safety Zone Map
Maximum Population: 120 people per acre - Table 4.6 Airport area Specific Plan
Site Size: 9.94 acres
Noise Study attached.
5, 6, 7, 8. Proposed site is already developed, so uses are existing. Office complex.
9. Environmental Assessment: Noise Study attached.
10. Avigation Easement is already in existence for this property, per 1999-079221 and per 2001-011944
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Packet Pg. 375 Attachment: e - Project Description (1303 : SLO Brew Night Club Text Amendment)
BP-SP
C-S
PF-SP
C/OS
R-1-SP
R-1-SP
AIRPO
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A
DAEROVISTA
AEROFIERO
VICINITY MAP File No. 1316-2015855 AEROVISTA ST ¯
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Packet Pg. 376 Attachment: f - Vicinity Map (1303 : SLO Brew Night Club Text Amendment)
These drawings are instruments of service and areproperty of Steven D. Pults, AIA & Associates, LLP.All design and other information on the drawingsare for use on the specified projectand shall not be used otherwise without theexpressed written permission ofSteven D.Pults, AIA & Associates, LLP.Architecture, Planning & Graphics3592 Sacramento Dr, Suite 140San Luis Obispo, California 93401805/541-5604 voice1346Date:Revised:Job No:Sheet:Project:Client:Sheet Contents:AUZCO DEVELOPMENTS835 AEROVISTA PLACESUITE 230SAN LUIS OBISPOCA 93401(805) 706-2915PRODUCTION BUILDING855 AEROVISTA PLACESAN LUIS OBISPOLICENSED ARCHITE C T
FRANCES FAN GIB B S
S T A TE OF CALIFORNIANo. C-26942REN. 10-31-15AEROVISTA BUSINESS PARKMASTER SITE PLAN855 AEROVISTA PLACE865 AEROVISTA PLACE835 AEROVISTA PLACESLO BREWPATIOBIKESTRASHTRASHN52°00'08"E 255.51'N52°00'08"E 254.66'S57°42' 38"W 219.52'N52°00'08"E 410.15'L=110.28'R=770.00'L = 106.65'R = 60.00'AIRP
O
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T DRIV
EAEROVISTA PLACEN65°
4
8'
1
5"
WL=179.12' R=770.00'354.0
7'
N36°09'00"W
BROAD STREET • HWY 227
S64°
3
1' 32"E 476 .17'N32°17' 38"W254.51'N57°42' 29"E 527.94'805 AEROVISTA895 AEROVISTALOADINGSCALE: 1" = 40'-0"14.g
Packet Pg. 377 Attachment: g - Site Plan (1303 : SLO Brew Night Club Text Amendment)
The Rock @ SLO Brew
Safety and Security Plan
Introduction:
The SLO Brew Rock security plan will be broken down into three (3) parts; definitions,
systems and implementation. This structure will help with ease of finding required information
within this document.
Definitions:
The definitions in this section will clarify the distinctions we make as to what constitutes
the levels of safety and security that will be implemented for any given event. This will help us
implement this plan to the best of our abilities.
• “Event(s)” will be defined as any gathering of greater than (100) patrons.
• “Major Event(s)” will be defined as any gathering of more than (300) up to our land use
and building capacity.
• “Venue” will be defined as any area within or on the property including parking lots and
“The Rock”.
• “Attendant” will be defined as any staff member with adequate training to implement this
safety and security plan. Training will include topics such as crowd control, procedures
for dealing with unruly patrons, basic first aid, and procedures for dealing with medical
emergencies.
• “Staff” will be defined as any person employed by the venue for purposes other than
patron interaction.
• “Supervisor” will be defined as any staff member that will be properly trained in the total
implementation of all venue safety and security practices. This will include topics such as
crowd control, emergency safety procedures and all systems within the venue.
• “Patron” will be defined as any person seeking to procure any service within the venue.
Systems:
The systems of this safety and security plan will be broken down into two (2) sections:
the venue and procedures. This will differentiate how the physical structure will add to this
safety and security plan and how the attendants and procedures will contribute as well.
-Venue:
The venue will contribute in several ways to the success of this safety and security plan.
The general layout of the venue will help with the flow of foot traffic resulting in a smooth
operation of pre and post event.
Starting with the parking lot, the flow of foot traffic leads to the front of the venue (see
CPTED Plan). The available parking abuts the walkways leading to the interior of the venue,
where an attendant in the patio area will greet them. During all events we will place lines to form
an orderly queue of patrons to be received by an attendant, which will preserve the original flow
of foot traffic. We will also have temporary signage that will denote direction of event. The
permanent exit signs will be augmented by temporary directional signage to direct exiting
patrons. Exterior of venue buildings will also be lit as per code.
Within the venue, patrons are restricted from entering production areas without an escort.
This is accomplished with several security doors that will only be accessible with a key by
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Packet Pg. 378 Attachment: h - Security Plans (1303 : SLO Brew Night Club Text Amendment)
authorized attendant(s) or staff member(s). This will minimize the occurrence of accidents and
medical emergencies within that part of the venue.
-Procedures
This section will outline the procedures used to ensure safety and security of venue
property and patrons. Our attendants will be trained in all procedures included within this
section.
• Entering- attendants direct all patrons to their desired areas. During events we will
have attendants directing all patrons to reception. During major events, attendants
will place lines and temporary signage so as to not impede existing foot traffic
and direct patrons to appropriate area. The areas where queues will be formed are
denoted on Figure 1.
• Exiting- all patrons will be directed to exits by attendants so as not to impede
traffic flow. Attendants will also help direct traffic during major events.
Attendants will also equip flashlights in the event of an evening exit.
• Health and safety- all attendants will be trained to properly check and read IDs to
ascertain age of patrons imbibing alcohol. All attendants will also be trained in
basic first aid.
• Emergency procedure- in the event that a patron or staff member is in need of
emergency medical aid, attendants will notify the proper authorities as well as
supervisor on duty. In the case of unruly patron, attendants will notify proper
authorities and escort the patron to the parking lot. In the event of a fire or other
disaster, attendants will escort all occupants to parking lots on both ends of the
property in a safe and orderly manner in conjunction with emergency action plan.
• Staffing- as this is a working production facility, staff is available during regular
opening hours. In the case of a scheduled event we will have no less than (4)
attendants as well as event staff (catering crew, kitchen staff, Brew staff). In the
case of a major event we would staff according to projected attendance at a rate of
(1) attendant for every (30) patrons.
• Standard practices- these procedures and practices will be standard throughout the
venue.
o We have a professional manager on site during all hours of operation.
o We have attendants at entrances and exits to facilitate flow of foot traffic.
o Attendants increased for events and major events
o All attendants equipped with walkie-talkies direct to manager.
o Manager periodically checks outside of building.
o Manager carries cell phone to allow instant access to SLO PD
o Bathrooms as required by occupancy.
o Security cameras installed throughout
• Crowd Control practices- We consider this issue of major importance to the
community and the continued success of our operation, and there have instituted
the following measures to maintain behavioral patterns consistent with
community standards.
o Consult with SLO PD for guidance periodically;
o Consult with ABC officials for adequate standards;
o Consult and support drug and alcohol prevention efforts; and
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Packet Pg. 379 Attachment: h - Security Plans (1303 : SLO Brew Night Club Text Amendment)
o Internal security practices
Insure legal occupancy is maintained
Maintain orderly queues and outside behavior
Refusal to serve over intoxicated patrons
Offer taxi or other means of transportation to minimize number of
drivers
Liaison with police
Implementation:
Implementation of this safety and security plan will be carried out by all staff and
supervisors. Supervisors are responsible for training all staff and attendants in all systems and
procedures. Additionally, supervisors will conduct regular audits of systems and procedures
with staff and attendants.
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Packet Pg. 380 Attachment: h - Security Plans (1303 : SLO Brew Night Club Text Amendment)
Crime Prevention Through Environmental Design (CPTED) elements for
The Rock: SLO Brew
(full CPTED list follows)
Natural surveillance:
• landscape designs provide surveillance, especially in proximity to designated points of entry
and opportunistic points of entry.
• lighting design avoids poorly placed lights that create blind spots for potential observers and
miss critical areas. We ensure potential problem areas are well lit: pathways, entrances/exits,
storage areas, dumpster and recycling areas, etc.
• We avoid too-bright security lighting that creates blinding glare and/or deep shadows,
hindering the view for potential observers. (Eyes adapt to night lighting and have trouble
adjusting to severe lighting disparities.)
• We use shielded or cut-off luminaires to control glare.
• We placed lighting along pathways and other pedestrian-use areas at proper heights for
lighting the faces of the people in the space (and to identify the faces of potential attackers).
Natural surveillance measures are complemented by mechanical and organizational measures.
For example, closed-circuit television (CCTV) cameras
Natural territorial reinforcement:
• Security system signage is visible at access points.
• Premises and landscaping is maintained such that it communicates an alert and active
presence occupying the space.
• Owners have a vested interest and are more likely to challenge intruders or report them to the
police.
• Amenities such as seating or refreshments are placed in common areas in a commercial or
institutional setting helps to attract larger numbers of desired users.
• Activities are scheduled in common areas to increases proper use, attract more people and
increase the perception that these areas are controlled.
• Territorial reinforcement measures make the normal user feel safe and make the potential
offender aware of a substantial risk of apprehension or scrutiny.
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Figure 1: Location of where queues will form during major events 14.h
Packet Pg. 382 Attachment: h - Security Plans (1303 : SLO Brew Night Club Text Amendment)
Sound Level Assessment for
SLO Brew Production Building
855 Aerovista Place
San Luis Obispo, CA
requested by
Auzco Developments
San Luis Obispo, CA. 93401
July 3, 2015
45dB.com
David Lord, PH.D.
Acoustics Consulting
P.O. Box 1406
San Luis Obispo
California 93406
tel. 805.704.8046
email: dl@45db.com
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Table of Contents
1.0 Description and Criteria .................................................................................4
2.0 Regulatory Setting ..........................................................................................4
2.1 State Regulation ..................................................................................5
2.2 Local Regulation ..................................................................................5
2.3 Airport Land Use Plan ......................................................................5
3.0 Existing Sound Levels ..................................................................................5
4.0 Future Sound Levels .....................................................................................15
5.0 Discussion and Conclusions ..........................................................................15
6.0 REFERENCES ...............................................................................................19
7.0 APPENDIX A: Glossary of Acoustical Terms .............................................20
8.0 Measurements, Calculations and Modeling .................................................23
8.1 Wind Measurement ..........................................................................23
8.2 Precision of Sound Level Meters. ................................................23
8.3 Sound Level Measurement Method ................................................23
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List of Figures
Figure 1. Site Plan, vicinity ....................................................................................6
Figure 2. Site Plan, nearest receptor .......................................................................7
Figure 3. Site Plan, specifi c ....................................................................................8
Figure 4. Measured Existing Sound Level ............................................................9
Figure 5. Measured One hour Leq .....................................................................10
Figure 6. Ldn / CNEL .......................................................................................11
Figure 7. Acceptable Noise Exposure ..............................................................12
Figure 8. City Noise Ordinance ......................................................................13
Figure 9. Airport Land Use Plan ...................................................................14
Figure 10. Future Sound Level .........................................................................16
Figure 11. Future Sound Level, detail ..............................................................17
Figure 12. Average Wind Conditions .................................................................18
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Sound Level Assessment for
SLO Brew Production Building
855 Aerovista Place
San Luis Obispo, CA
1.0 Description and Criteria
This sound level assessment is for the proposed development of the SLO Brew
Production Building with regard to surrounding noise levels from airport operations and potential
on-site sound generation from all sources. The possible noise sources examined in this study
are vehicular traffi c in the parking lot and surrounding streets, including nearby State Highway
227, air traffi c from San Luis Obispo County Regional Airport, and potential future night
club entertainment activity. The proposed SLO Brew Production Building site is bordered by
Aerovista Place to the north and cleared land to the south. Professional and commercial offi ces
are located adjacent to the proposed building with offi ce hours from 8 am to 5 pm each business
day, Monday through Friday. The northeast of the site is closest to the San Luis Obispo County
Regional Airport operations. The general layout and confi guration of the site, along with sound
level measurement locations are shown in “Figure 3. Site Plan, specifi c” on page 8.
This report provides a description of the environmental noise survey, a discussion of
applicable noise standards, results of the noise survey, future noise level projections, and noise
mitigation recommendations for the proposed residential development.
Existing sound levels were measured continuously on the proposed site at 10-second
intervals over a 24-hour period on Thursday, Friday and Saturday, June 19, 20, 21, 2015. An
acoustic model with sound level contours was generated for the site based on topography, noise
sources and measured sound level values.
Future sound levels associated with night club use are assumed to occur on designated
Thursdays, Fridays and Saturdays in the evenings from 6 pm to 2 am, not during the daytime
hours when there are nearby offi ce building operations.
2.0 Regulatory Setting
Noise is regulated at the federal, state and local levels through regulations, policies and/or
local ordinances. Local policies are generally adaptations of federal and state guidelines, adjusted
to prevailing local condition. Refer to “7.0 APPENDIX A: Glossary of Acoustical Terms” on
page 20 for further defi nition of metrics and terminology.
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2.1 State Regulation
The State of California’s Guidelines for the Preparation and Content of Noise Element
of the General Plan (1987). These guidelines reference land use compatibility standards for
community noise environments as developed by the California Department of Health Services,
Offi ce of Noise Control. Sound levels up to 65 Ldn or CNEL are determined to be normally
acceptable for multi-family residential land uses. Sound levels up to 70 CNEL are normally
acceptable for buildings containing professional offi ces or defi ned as business commercial.
However, a detailed analysis of noise reduction requirements is recommended when new offi ce
or commercial development is proposed in areas where existing sound levels approach 70 CNEL.
2.2 Local Regulation
Transportation Noise: Guidelines for transportation noise exposure are contained in City
of San Luis Obispo, General Plan Noise Element and Noise Guidebook (1996). The maximum
noise exposure standards for noise-sensitive land uses are shown in “Figure 7. Acceptable Noise
Exposure” on page 12.
2.3 Airport Land Use Plan
The location of the proposed site in relation to the airport is shown in “Figure 9. Airport
Land Use Plan” on page 14. The Airport Land Use Plan (ALUP), adopted December 1973 and
amended May, 2005, establishes Maximum Allowable Interior Noise Exposure from Aviation
Related Noise Sources for residential use. The metric used by the ALUP map is the “single-
event noise contour.” The reference event for determination of required single event noise
mitigation is assumed to be the straight-in departure of a regional airline jet from Runway 29.
3.0 Existing Sound Levels
Existing sound levels on the site were measured at 10-second intervals over a typical
weekend 24-hour period, Thursday, Friday and Saturday, June 19 - 21. These three days of the
week would be typical for scheduled events at the proposed venue. Recorded sound level data
consist of:
Average instantaneous sound level, dBA,
Leq 1 hour sound levels, dBA
Ldn or CNEL 24 hour average sound level, dBA
Audio recording of each event over 60 dBA.
From the measured data, existing hourly LEQ values were calculated and an overall
Community Noise Equivalent Level (CNEL) and Day Night Level (LDN) was calculated For
an explanation of technical defi nitions, see “7.0 APPENDIX A: Glossary of Acoustical Terms”
on page 20.
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Figure 1. Site Plan, vicinity
The vicinity site plan shows the proposed location of SLO Brew Production facility, with
adjacent building structures and the airport runway.
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Figure 2. Site Plan, nearest receptor
The proposed performance area is 891 feet from the nearest residential receptor. The propa-
gation of sound is mitigated by a large building, which acts as a noise barrier, and also by the
signifi cant traffi c noise on Highway 227, which will serve to mask noise and suppress audibility
of sound coming from the performance area.
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Figure 3. Site Plan, specifi c
The site plan shows the proposed location of SLO Brew Production facility, with adjacent
building structures. Existing sound level measurements were made in the area indicated, which
will be the future proposed general event area.
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Figure 4. Measured Existing Sound Level
Existing Sound Level, measured every 10 seconds over a 24-hour period. The sound level meter
is located in the middle of the proposed event area. Peak sound levels are generally identifi ed as
aircraft arrivals and departures. Sound levels are dBA, slow meter setting
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Figure 5. Measured One hour Leq
Measured Sound Levels, expressed as hourly Leq over a 24-hour period. The calculated LDN/
CNEL for the 24-hour period is 52 dBA, including calculated penalties for evening and nighttime
noise.
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Figure 6. Ldn / CNEL
This table shows the calculated results of hourly Leq sound levels on the overall LDN and
CNEL for existing sound level at the proposed performance area. All calculations are based on
continuous measured values shown in “Figure 4. Measured Existing Sound Level” on page 9.
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Figure 7. Acceptable Noise Exposure
City of San Luis Obispo: Acceptability of new noise-sensitive uses exposed to transportation
noise sources. Noise Element of the General Plan.
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Figure 8. City Noise Ordinance
City of San Luis Obispo Municipal Ordinance 9.12.060 Exterior Noise Limits. Referring to
Table No. 1 shown below, there is also a Correction for Character of Sound: In the event the
alleged offensive noise, as determined by the noise control offi cer, contains a steady, audible tone
such as whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains
music or speech, the standard limits set forth in Table 1 of this section shall be reduced by 5 dB.
The noise standard represented in Table 1 may be not be allowed to exceed:
(a) The noise standard for a cumulative period of more than thirty minutes in any hour;
or
(b) The noise standard plus 5 dB for a cumulative period of more than fi fteen minutes in
any hour; or
(c) The noise standard plus 10 dB for a cumulative period of more than fi ve minutes in
any hour; or
(d) The noise standard plus 15 dB for a cumulative period of more than one minute in
any hour; or
(e) e. The noise standard plus 20 dB for any period of time.
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Figure 9. Airport Land Use Plan
Location of proposed SLO Brew Production site in relation to the Airport Land Use Plan Airport
Noise Contours. The site is within and near to the projected 65 dBA airport Single Event Noise
Contour. Single Event noise is distinguished from “maximum sound level,” “Leq 1 hour sound
level” and “Ldn 24-hour sound level” used elsewhere in this report.
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4.0 Future Sound Levels
Existing measured sound levels provide a baseline from which future sound levels can be
predicted. Future sound levels are related to increased activity at the proposed performance area
and SLO Brew production facility operations. In addition there are expected to be increases in
number of fl ights at the San Luis Obispo County Regional Airport, and an increase in Average
Daily Traffi c (ADT) on State Route 227 to the northeast of the site. The general relationship of
traffi c growth and sound level is that with a doubling of traffi c ADT, there will be a concomitant
increase of 3 dB sound level.
The use of the proposed production facility and proposed performance area will result in
a maximum attendance of 600 audience members and the use of sound amplifi cation for music
and for voice.
In order that future sound levels shall not exceed the values represented in “Figure 8. City
Noise Ordinance” on page 13 at the residential boundary located 891 feet to the northeast, the
sound level at 20 feet distance from the speakers shall not exceed Leq 1 hr = 90 dBA.
5.0 Discussion and Conclusions
The 24-hour existing sound levels on the undeveloped site and future sound levels for the
developed project are clearly shown in relation to the ambient airport operations, distant traffi c
on Highway 227, and distant potential residential sensitive receptors.
Future sound levels from the proposed night club use of the production building are
compatible with surrounding business uses because of the alternating hours of use. Mitigation
of noise propagation toward distant potential residential receptors occurs due to the distance
involved, the presence of a large building which acts as a noise barrier, and the signifi cant
continuous traffi c on State Highway 227 between the noise source and the residential receptors.
Therefore, in our opinion this project is compatible with the Airport Land Use Plan and
the proposed project is in compliance with municipal regulations governing noise.
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Figure 10. Future Sound Level
Future Sound Level Contours, Leq 1 hr. = dBA, based on the projected use of the production
facility and performance area. A maximum of 600 persons, with amplifi ed music and voice,
which shall not measure greater than 90 dBA at 20 feet from speakers. Sound level from
amplifi ed music shall not exceed Leq 1 hr = 50 dBA at residential receptor boundary to the
northwest. As shown in this acoustical model, the signifi cant traffi c noise contribution from
Highway 227.
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Figure 11. Future Sound Level, detail
Future Sound Level Contours, Leq 1 hr. = dBA, based on the projected use of the production
facility and acoustic only performance area. A maximum of 200 persons, with no amplifi ed
music and no amplifi ed voice.
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Figure 12. Average Wind Conditions
Sound measurement and sound propagation can be infl uenced by the wind speed and wind
direction. The data graphed below represent average conditions for the days June 19 through
June 21, 2015. On this site, typical wind direction is from the north during the potential hours of
amplifi ed music and voice events (6 pm to 2 am), which may increase sound levels toward the
south of the proposed music venue. South of the venue is an area that has no nearby sensitive
residential receptors. The nearest residential receptors are located to the northeast of the music
source and should not experience an increase in predicted noise levels due to wind.
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6.0 REFERENCES
1. American National Standards Institute, Inc. 2004. ANSI 1994 American National Standard
Acoustical Terminology. ANSI S.1.-1994, (R2004) , New York, NY.
2. American Society for Testing and Materials. 2004. ASTM E 1014 - 84 (Reapproved 2000)
Standard Guide for Measurement of Outdoor A-Weighted Sound Levels.
3. Berglund, Birgitta, World Health Organization. 1999. Guidelines for Community Noise
chapter 4, Guideline Values.
4. Bolt, Beranek and Newman. 1973. Fundamentals and Abatement of Highway Traffi c Noise,
Report No. PB-222-703. Prepared for Federal Highway Administration.
5. California Department of Transportation (Caltrans). 1982. Caltrans Transportation
Laboratory Manual.
6. ______. 1998. Caltrans Traffi c Noise Analysis Protocol For New Highway Construction and
Highway Reconstruction Projects.
7. ______. 2006. California Transportation Plan 2025, chapter 6.
8. California Resources Agency. 2007. Title 14. California Code of Regulations Chapter 3.
Guidelines for Implementation of the California Environmental Quality Act Article 5.
Preliminary Review of Projects and Conduct of Initial Study Sections, 15060 to 15065.
9. City of San Luis Obispo. City of San Luis Obispo General Plan, Noise Element.
10. Federal Highway Administration. 2006. FHWA Roadway Construction Noise Model User’s
Guide Final Report. FHWA-HEP-05-054 DOT-VNTSC-FHWA-05-01.
11. Harris, Cyril.M., editor. 1979 Handbook of Noise Control.
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7.0 APPENDIX A: Glossary of Acoustical Terms
A-Weighted Sound Level (dBA)
The sound pressure level in decibels as measured on a sound level meter using the inter-
nationally standardized A-weighting fi lter or as computed from sound spectral data to
which A-weighting adjustments have been made. A-weighting de-emphasizes the low
and very high frequency components of the sound in a manner similar to the response of
the average human ear. A-weighted sound levels correlate well with subjective reactions
of people to noise and are universally used for community noise evaluations.
Airborne Sound
Sound that travels through the air, differentiated from structure-borne sound.
Ambient Sound Level
The prevailing general sound level existing at a location or in a space, which usually
consists of a composite of sounds from many sources near and far. The ambient level is
typically defi ned by the Leq level.
Background Sound Level
The underlying, ever-present lower level noise that remains in the absence of intrusive or
intermittent sounds. Distant sources, such as traffi c, typically make up the background.
The background level is generally defi ned by the L90 percentile noise level.
Community Noise Equivalent Level (CNEL):
The Leq of the A-weighted noise level over a 24-hour period with a 5 dB penalty applied
to noise levels between 7 p.m. and 10 p.m. and a 10 dB penalty applied to noise levels
between 10 p.m. and 7 a.m.
Day-Night Sound Level (Ldn):
The Leq of the A-weighted noise level over a 24-hour period with a 10 dB penalty
applied to noise levels between 10 p.m. and 7 a.m.
Decibel (dB):
The decibel is a measure on a logarithmic scale of the magnitude of a particular quantity
(such as sound pressure, sound power, sound intensity) with respect to a reference
quantity.
DBA or dB(A)
A-weighted sound level. The ear does not respond equally to all frequencies, but is less
sensitive at low and high frequencies than it is at medium or speech range frequencies.
Thus, to obtain a single number representing the sound level of a noise containing a wide
range of frequencies in a manner representative of the ear’s response, it is necessary
to reduce the effects of the low and high frequencies with respect to the medium
frequencies. The resultant sound level is said to be A-weighted, and the units are dBA.
The A-weighted sound level is also called the noise level.
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Energy Equivalent Level (LEQ):
Because sound levels can vary markedly in intensity over a short period of time, some
method for describing either the average character of the sound or the statistical behavior
of the variations must be utilized. Most commonly, one describes ambient sounds in
terms of an average level that has the same acoustical energy as the summation of all the
time-varying events. This energy-equivalent sound/noise descriptor is called LEQ. In this
report, an hourly period is used.
Field Sound Transmission Class (FSTC):
A single number rating similar to STC, except that the transmission loss values used to
derive the FSTC are measured in the fi eld. All sound transmitted from the source room to
the receiving room is assumed to be through the separating wall or fl oor-ceiling assembly.
Outdoor-Indoor Transmission Class (OITC):
A single number classifi cation, specifi ed by the American Society for Testing and
Materials (ASTM E 1332 issued 1994), that establishes the A-weighted sound level
reduction provided by building facade components (walls, doors, windows, and combina-
tions thereof), based upon a reference sound spectra that is an average of typical air, road,
and rail transportation sources. The OITC is the preferred rating when exterior facade
components are exposed to a noise environment dominated by transportation sources.
Percentile Sound Level, Ln:
The noise level exceeded during n percent of the measurement period, where n is a
number between 0 and 100 (e.g., L10 or L90)
Sound Transmission Class (STC):
STC is a single number rating, specifi ed by the American Society for Testing and
Materials, which can be used to measure the sound insulation properties for comparing
the sound transmission capability, in decibels, of interior building partitions for noise
sources such as speech, radio, and television. It is used extensively for rating sound
insulation characteristics of building materials and products.
Structure-Borne Sound:
Sound propagating through building structure. Rapidly fl uctuating elastic waves in
gypsum board, joists, studs, etc.
Sound Exposure Level (SEL)
SEL is the sound exposure level, defi ned as a single number rating indicating the total
energy of a discrete noise-generating event (e.g., an aircraft fl yover) compressed into a 1-
second time duration. This level is handy as a consistent rating method that may be
combined with other SEL and Leq readings to provide a complete noise scenario for
measurements and predictions. However, care must be taken in the use of these values
since they may be misleading because their numeric value is higher than any sound level
which existed during the measurement period.
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Subjective Loudness Level
In addition to precision measurement of sound level changes, there is a subjective charac-
teristic which describes how most people respond to sound:
•A change in sound level of 3 dBA is barely perceptible by most listeners.
•A change in level of 6 dBA is clearly perceptible.
•A change of 10 dBA is perceived by most people as being twice (or half) as loud.
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8.0 Measurements, Calculations and Modeling
8.1 Wind Measurement
Sound level measurements become less reliable when average wind speed is greater than 11
m.p.h. at the measurement site. Therefore, wind speed and direction are measured periodically
at the measurement site and the results are correlated with wind data from a nearby established
weather station. A Larson Davis WS 001 windscreen is used as wind protection for all micro-
phones and is left in place at all times.
Wind speed and direction were noted throughout the measurement period and compared
with data from the nearby National Weather Service weather station at San Luis Obispo
County Regional Airport. A Davis Turbo Wind meter was used to measure wind speed at the
measurement site to cross-check wind speeds at the airport. The Turbo Wind meter is a high
performance wind speed indicator with exceptional accuracy.
8.2 Precision of Sound Level Meters.
The American National Standards Institute (ANSI) specifi es several types of sound levelmeters
according to their precision. Types 1,2, and 3 are referred to as “precision,” “generalpurpose,”
and “survey” meters, respectively. Most measurements carefully taken with a type 1 sound level
meter will have an error not exceeding 1 dB. The corresponding error for a type 2 sound level
meter is about 2 dB.
The sound level meters used for measurements shown in this report are Larson-Davis
Laboratories Model 820. These sound level meters meet all requirements of ANSI s1.4, IEC
651 for Type 1 accuracy and include the following features: 110 dB dynamic range for error
free measurements. Measures FAST, SLOW, Unweighted PEAK, Weighted PEAK, Impulse,
Leq, LDOD, LOSHA, Dose, Time Weighted Average, SEL, Lmax, Lmin, LDN. Time history
sampling periods from 32 samples per second up to one sample every 255 seconds.
Field calibration of each sound level meter with an external calibrator is accomplished before
and after all fi eld measurements. Laboratory calibration of the all instruments is performed
at least biannually and accuracy can be traced to the U.S. National Institute of Science and
Technology standard.
8.3 Sound Level Measurement Method
The protocol for conducting sound level measurements is prescribed in detail by the
American Society for Testing and Materials (ASTM) in their E 1014 publication and the
CalTrans Traffi c Noise Analysis Protocol. The procedures and standards in those documents are
met or exceeded for sound level measurements shown in this report. The standards of ASTM E
1014 are exceeded by using Type 1 sound level meters for all measurements in this report instead
of the less accurate Type 2 meters. Therefore, the precision of the measurements in this report is
likely to be better than +/- 2 dB as stated in ASTM E1014. Particular and specifi c sound sources
are identifi ed by listening to synchronous audio recordings of peak sound level events.
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Caltrans Noise Measurement Guidelines: Caltrans makes available general guide-
lines for taking into account environmental elements in noise measurements. The following
is an excerpt from their guidelines. The Traffi c Noise Analysis Protocol contains Caltrans
noise policies, which fulfi ll the highway noise analysis and abatement/mitigation requirements
stemming from the following State and Federal environmental statutes:
• California Environmental Quality Act (CEQA)
• National Environmental Policy Act (NEPA)
• Title 23 United States Code of Federal Regulations, Part 772 “Procedures for Abatement
of Highway Traffi c Noise and Construction Noise” (23 CFR 772)
• Section 216 et seq. of the California Streets and Highways Code
Noise Contour Modeling
Noise contours incorporating the measured sound level values were generated using CADNA/A,
an acoustical modeling program that incorporates the TNM 2.5 algorithms, and which was
developed to predict hourly Leq values for free-fl owing traffi c conditions. This computer
modeling tool, made by Datakustik GmbH, is an internationally accepted acoustical modeling
software program, used by many acoustics and noise control professional offi ces in the U.S. and
abroad. The software has been validated by comparison with actual values in many different
settings. The program has a high level of reliability and follows methods specifi ed by the
International Standards Organization in their ISO 9613-2 standard, “Acoustics – Attenuation
of sound during propagation outdoors, Part 2: General Method of Calculation.” The standard
states that, “this part of ISO 9613 specifi es an engineering method for calculating the attenuation
of sound during propagation outdoors in order to predict the levels of environmental noise at a
distance from a variety of sources. The method predicts the equivalent continuous A-weighted
sound pressure level under meteorological conditions favorable to propagation from sources
of known sound emissions. These conditions are for downwind propagation under a well-
developed moderate ground-based temperature inversion, such as commonly occurs at night.”
The computer modeling software takes into account source sound power levels, surface refl ection
and absorption, atmospheric absorption, geometric divergence, meteorological conditions, walls,
barriers, berms, and terrain variations. The CADNA/A software uses a grid of receivers covering
the project site.
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1
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For CODE-1316-2015
1. Project Title:
SLO Brew “The Rock”
2. Lead Agency Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Rachel Cohen, Associate Planner
805-781-7574
4. Project Location:
855 Aerovista (APN 053-412-022)
5. Project Sponsor’s Name and Address:
Auzco Development, LLC
835 Aerovista Place
San Luis Obispo, CA 93401
Project Representative Name and Address:
Steve Pults
Steven Pults AIA & Associates
3592 Sacramento Street, Ste 140
San Luis Obispo, CA 93401
6. General Plan Designation:
Business Park
7. Zoning:
Business Park (BP)
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2
8. Description of the Project:
The applicant is requesting a text amendment to the Zoning Regulations and the Airport Area
Specific Plan (AASP) to allow a Night Club as an allowed use, with a conditional use permit, in
the Business Park (BP) zone. Attachment 1 shows the proposed changes to the Zoning
Regulations and the AASP.
The applicant is also requesting a use permit for a night club, to host live music around the
existing rock outcropping in the outdoor patio area and inside a facility located at 855 Aerovista
Place within the BP zone of the AASP. Events at the site would also include weddings
(ceremonies indoors only), concerts and other large party events. The night club would operate
only on Friday evenings, 5:00 pm to 11:00 pm, and Saturdays and Sundays, 10:00 am to 11:00
pm with no more than a maximum attendance of 600 people. The night club would operate at the
SLO Brew Production Facility that is currently being constructed on the site. The SLO
Production Facility was reviewed and approved by the Architectural Review Commission (ARC)
for compliance with City’s Municipal Code, the AASP and design guidelines. The structure
includes:
3,047 square foot entertainment venue,
6,496 square foot brewery production facility,
1,579 square foot beer tasting/restaurant area,
1,250 square foot kitchen,
600 square foot outdoor seating area,
15,444 square foot lease space, and
1,746 square feet of office and mezzanine area.
9. Setting and Surrounding Land Uses:
The AASP has approximately 177.49 acres that are designated as BP zone (see Attachment 2,
Zoning Designation Map). The SLO Brew Production Facility is located on a parcel that is 3.47
acres in size and is a part of the Aerovista Business Park which is composed of four parcels with
a combined total acreage of 9.94 acres. The Aerovista Business Park includes the SLO Brew
Production Facility, four, two-story office buildings which house a variety of professional offices
(i.e. doctor’s office, tax services, government offices, etc.), and a fitness facility with a combined
total of 444 parking spaces. The majority of these businesses operate from 8 am to 5 pm,
Monday through Friday.
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Figure 1: Vicinity Map; the red star indicates the location of 855 Aerovista
Existing uses surrounding the site area are as follows:
West: San Luis County Airport and associated buildings (outside the City’s limits).
North: Undeveloped, zoned BP.
East: (across Broad Street/Hwy 227) Currently being developed with industrial buildings, zoned
C-S; just beyond the C-S zone and a creek are single-family residences, zoned R-1.
South: Undeveloped, zoned BP.
10. Project Entitlements Requested:
Use Permit: Use Permit approval is required to allow the Night club use within the Business Park
zone.
11. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.):
On December 16, 2015 the proposed use permit for the SLO Brew production facility at 855
Aerovista was referred to the Airport Land Use Commission (ALUC) for a determination of
consistency or inconsistency with the Airport Land Use Plan (ALUP). The ALUC determined
that the proposed Text Amendments and the request for a night club use permit for the SLO
Brew facility were consistent with the ALUP.
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4
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
X
Transportation / Traffic
Cultural Resources
Mineral Resources
Utilities / Service Systems
Geology / Soils
Noise
Mandatory Findings of
Significance
FISH AND GAME FEES
X
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).
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish
and Wildlife 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
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 Wildlife, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
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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.
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.
X
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.
March 24, 2016
Signature Date
Doug Davidson, Community Development Deputy Director For: Michael Codron
Print Name Community Development Director
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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 w hether 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
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
7
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 5, 10 --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?
2, 5,
10
--X--
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
1, 10,
11
--X--
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
10,11,
12
--X--
Evaluation
a-c) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the Business Park (BP) zone of the Airport Area Specific Plan (AASP). The amendment does not propose any
changes to development standards, and is generally intended to regulate uses within existing structures. The proposed night
club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by the Architectural
Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines. Adoption of the night
club use permit would have no impact on scenic resources and no impact on visual quality within the BP zone; therefore, the
proposed amendment and use permit will have no impact.
d) Less than significant. The proposed text amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The BP zone is located in an already urbanized area with light
sources from neighboring commercial and residential uses as well as light from vehicular circulation along neighboring
streets. All existing and future projects are required to conform to the City’s Night Sky Preservation Ordinance (Zoning
Regulations Chapter 17.23) which sets operational standards and requirements for li ghting installations, including requiring
all light sources to be shielded and downward facing.
The SLO Brew site proposes to have live entertainment outside of an existing facility near the airport. The use of outdoor
lights will be required to comply with the to the City’s Night Sky Preservation Ordinance (Zoning Regulations Chapter
17.23). Consistent with SLO County Airport Land Use Commission recommendations, the project will be conditioned to
prohibit all aerial laser lights and any lighting that will potentially interfere with the takeoff, landing, or maneuvering of
aircraft at the Airport. Standard and special conditions will be included with the use permit to control light and glare.
Therefore, impacts resulting from creating new sources of light will be less than significant.
Conclusion: The project will have a less than significant impact on aesthetics.
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?
1, 19,
27
--X--
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
1, 12,
27
--X--
c) Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section 12220(g)),
timberland (as defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
1, 12,
27
--X--
d) Result in the loss of forest land or conversion of forest land to
non-forest use?
1, 12,
27
--X--
e) Involve other changes in the existing environment which, due to
their location or nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest land to non -forest
use?
1, 12,
27
--X--
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
8
Evaluation
a) No Impact. The proposed text amendment would establish a new allowable use – night clubs –, with a conditional use
permit, within BP zone of the AASP. The City’s 2006 Open Space Element identifies a small portion of the BP zone as being
farmland of local importance. The amendment does not propose any changes to development standards, and is generally
intended to regulate uses within existing structures. As stipulated by the text amendment, any proposed night club uses will
require environmental review, including the identification of farmland of local importance.
The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by
the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines. The site
was not identified as being Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or farmland of local
importance. Adoption of the night club use permit will have no impact on these Farmland resources.
b) No Impact. The BP zone of the AASP is not intended for agricultural production. The proposed text amendment would
expand allowable uses within the Business Park zone of the AASP to allow night clubs. The amendment does not propose
any changes to development standards, and is generally intended to regulate uses within existing structures. The proposed
night club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by the
Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines. Therefore,
implementation of the text amendment and the use permit do not conflict with any Williamson Act contracts; as such, no
impact would result.
c-e) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista Place will be located
within an existing facility that was reviewed and approved by the Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. No conversion of any land use that affects farmlands or forest land
is proposed. No impact would occur.
Conclusion: No Impact.
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?
9, 13,
20
--X--
b) Violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
9, 20 --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)?
9, 20
--X--
d) Expose sensitive receptors to substantial pollutant
concentrations?
9, 20 --X--
e) Create objectionable odors affecting a substantial number of
people?
18, 26 --X--
Evaluation
a-e) No Impact. The proposed text amendment would have no direct effect on air quality because it does not propose
construction or development. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. This type of use is not anticipated to create
additional air pollution and objectionable odors, or conflict with existing air quality plans. Therefore, the project has no
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
9
impact to existing or proposed air quality plans, air quality standards, criteria pollutants and will not create objectionable
odors affecting a substantial number of people.
Conclusion: No Impact.
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?
5, 9,
17
--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?
5, 9,
17
--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?
5, 9,
17
--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?
5, 9,
17
--X--
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
5, 9,
17
--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?
5, 9
--X--
Evaluation
a-f) No Impact. The proposed text amendment would have no direct effect on biological resources . The proposed text
amendment would have no direct effect on air quality because it does not propose construction or development. The proposed
text amendment would establish a new allowable use – night clubs – with a conditional use permit, within the BP zone of the
AASP. The amendment does not propose any changes to development standards, and is generally intended to regulate uses
within existing structures. The proposed night club at 855 Aerovista Place will be located within an existing facility that was
reviewed and approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and
design guidelines. The SLO Brew site is not within a riparian corridor and there are no creeks or trees on the property. No
endangered, threatened or other protected species have been reported on the project site. There are no local ordinances or
habitat conservation plans that affect the proper ty or that identify the site as potential habitat for any protected species of
plant or animal. Therefore, the amendment and the use permit would have no impact on endangered, threatened, or rare
species or their habitats, or on locally designated species.
Conclusion: No Impact.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a
historic resource as defined in §15064.5.
5, 22,
23
--X--
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5)
22, 23 --X--
c) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
5, 22 --X--
d) Disturb any human remains, including those interred outside of
formal cemeteries?
5, 22 --X--
14.j
Packet Pg. 415 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
10
Evaluation
a-e) No Impact. The proposed text amendment will not cause substantial adverse change in the significance of cultural
resources as defined in §15064.5 because the proposed text amendment does not authorize any particular development
project, nor does it involve any changes to development standards that would change allowable development intensities,
densities, or building footprints. The text amendment does not propose any changes to historic designations of any recognized
historical sites or structures, and would not change or have any effect upon the City’s existing preservation objectives or
policies. The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and
approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design
guidelines. The site has not been identified as having historical significance. Based on review of the City’s Historic Site Map
and Land Use Information System, the project is not located on or near a known sensitive archaeological site or historic
resource. Therefore, the amendment and use permit would not authorize any adverse impacts to cultural resources; therefore,
the project would have no impact.
Conclusion: No Impact.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
4, 9,
27
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.
--X--
II. Strong seismic ground shaking? --X--
III. Seismic-related ground failure, including liquefaction? --X--
IV. Landslides? --X--
b) Result in substantial soil erosion or the loss of topsoil? 4, 5, 9 --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?
4, 9
--X--
d) Be located on expansive soil, as defined in Table 1802.3.2
[Table 1806.2) of the California Building Code (2007) [2010],
creating substantial risks to life or property?
4, 9
--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?
4,7, 9
--X--
Evaluation
a, d) Less than Significant Impact. Although there are no fault lines on the within the AASP, the project site or within close
proximity, the City of San Luis Obispo is located in an area of “High Seismic Hazards,” specifically Seismic Zone D, which
means that future buildings constructed within the AASP or at 855 Aerovista will most likely be subjected to excessive
ground shaking in the event of an earthquake. The City has regulations that structures must be designed in compliance with
seismic design criteria established in the California Building Code for Seismic Zone D. To minimize this potential impact,
the California Building Code and City Codes require new structures be built to resist such shaking or to remain standing in an
earthquake.
The proposed text amendment would establish a new allowable use – night clubs – with a conditional use permit, within the
BP zone of the AASP. The amendment does not propose any changes to development standards, and is generally intended to
regulate uses within existing structures. The proposed night cl ub at 855 Aerovista Place will be located within an existing
facility that was reviewed and approved by the Architectural Review Commission for compliance with City’s Municipal
Code, the AASP and design guidelines. The project does not involve any changes to these code requirements. No impact
from seismic ground failure as a result of the proposed text amendment and use permit.
14.j
Packet Pg. 416 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
11
b) No Impact. No new construction is anticipated as a result of the amendment or the use permit as the new use would be
located within existing structures that comply with City code and design guidelines. T herefore the project will not result in
loss of topsoil.
c) No Impact. The Safety Element of the General Plan indicates that the project site has a high potential for liquefactio n,
which is true for most of the City. City Code requires development comply with all City Codes, including Building Codes,
which require proper documentation of soil characteristics for designing structurally sound buildings to ensure new structure s
are built to resist such shaking or to remain standing in an earthquake. The project does not involve any changes to these code
requirements. No impact from on or off site landslide, lateral spreading, subsidence, liquefaction or collapse are as a resul t of
the proposed text amendment and use permit.
e) No Impact. Any new construction will be required to connect to the City’s sewer system. Septic tanks or alternative
wastewater systems are not proposed and will not be used on the site. No new construction is an ticipated as a result of the
amendment or the use permit as the new use would be located within existing structures that comply with the City’s
Municipal Code, the AASP and design guidelines.
Conclusion: Less than a significant impact.
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?
9, 13,
14, 21
--X--
b) Conflict with an applicable plan, policy or regulation adopted for
the purpose of reducing the emissions of greenhouse gases.
1, 5,
9, 13,
14, 21
--X--
Evaluation
As outlined in the recent City LUCE Update EIR, prominent GHG emissions contributing to the greenhouse effect are carbon
dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur
hexafluoride (SF6). Anthropogenic (human‐caused) GHG emissions in excess of natural ambient concentrations are
responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known
as global climate change or global warming. Global sources of GHG emissions include fossil fuel combu stion in both
stationary and mobile sources, fugitive emissions from landfills, wastewater treatment, agricultural sources, deforestation,
high global warming potential (GWP) gases from industrial and chemical sources, and other activities.
The major sources GHG emissions in the City are transportation‐related emissions from cars and trucks, followed by energy
consumption in buildings. These local sources constitute the majority of GHG emissions from community‐wide activities in
the city, and combine with regional, statewide, national, and global GHG emissions that result in the cumulative effect of
global warming, which is causing global climate change. A minimum level of climate change is expected to occur despite
local, statewide, or other global efforts to mitigate GHG emissions. The increase in average global temperatures will result in
a number of locally‐important adverse effects, including sea‐level rise, changes to precipitation patterns, and increased
frequency of extreme weather events such as heat waves, drought, and severe storms.
Statewide legislation, rules and regulations that apply to GHG emissions associated with the Project Setting include the
Global Warming Solutions Act of 2006 (Assembly Bill [AB] 32), the Sustainable Communities and C limate Protection Act
of 2008 (Senate Bill [SB] 375), Advanced Clean Cars Rule, Low Carbon Fuel Standard, Renewable Portfolio Standard,
California Building Codes, and recent amendments to the California Environmental Quality Act (CEQA) pursuant to SB 97
with respect to analysis of GHG emissions and climate change impacts.
Plans, policies and guidelines have also been adopted at the regional and local level that address GHG emissions and climate
change effects in the City. The San Luis Obispo County Air Pollution Control District (APCD) adopted a CEQA Review
Handbook, as well as guidance on GHG emission thresholds and supporting evidence, that may be applied by lead agencies
within San Luis Obispo County (APCD 2012a, 2012b). The City also adopted a Climate A ction Plan (CAP) that includes a
14.j
Packet Pg. 417 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
12
GHG emissions inventory, identifies GHG emission reduction targets, and includes specific measures and implementing
actions to both reduce community‐wide GHG emissions. The CAP also includes measures and actions to help the city build
resiliency and adapt to the effects of climate change.
a, b) Less than Significant Impact. The proposed text amendment and use permit do not propose to amend any building
regulations that would raise or otherwise change development levels that could contribute to an increase in greenhouse gas
emissions. Adoption and implementation of the proposed text amendment and night club use permit would not affect building
energy demands nor generate any additional vehicle trips (nor more miles traveled) beyond those associated with the General
Plan and analyzed in the LUCE Update EIR. Review of future projects would continue to be carried out to ensure that the
projects are consistent with all General Plan goals, objectives, and policies related to air quality and regional greenhouse gas
reduction efforts. Adherence t o such policies and guidelines would reduce potential impacts to a less-than-significant level.
Conclusion: Less than significant impact.
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?
4, 9
--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?
4, 9
--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?
4, 9
--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?
30
--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?
12,
27, 30
--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?
12
--X--
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan?
4, 9
--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?
4, 9
--X--
Evaluation
a -c) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. This type of business provides entertainment, examples of
which include live or recorded music and/or dancing, comedy, disc jockeys, etc., and may also serve alcoholic beverages for
on-site consumption. The proposed text amendment would not directly result in any new construction or physical change to
the environment. The proposed night club at 855 Aerovista Place will be located within an ex isting facility that was reviewed
and approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design
guidelines. The project does not involve any construction or changes to existing development standards and standard City
practices and policies regarding hazardous waste and hazardous materials; no impact from the use, transport, or disposal of
14.j
Packet Pg. 418 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
13
hazardous wastes or materials is anticipated.
d) No Impact. The property located within the BP zone of the AASP is no t included on a list of hazardous materials sites
compiled pursuant to Government Code § 65962.5.
e) No Impact. The proposed text amendment would establish a new allowable use – night clubs –, with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards that would
change allowable development intensities, densities, or building footprints and is generally intended to regulate uses within
existing structures. The proposed text amendment would not directly result in any new construction or physical change to the
environment. The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and
approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design
guidelines. The San Luis Obispo County Airport Land Use Commission reviewed the proposed text amendment and use
permit and determined they were consistent with the Airport Land Use Plan (ALUP) and wou ld not result in a safety hazard
for people residing or working in the project area.
f) No Impact. There are no private airstrips within the vicinity of the City of San Luis Obispo. No impact would result.
g) No Impact. The project has been reviewed by the Fire Marshal and will not conflict with any emergency response plan or
emergency evacuation plan.
h) No Impact. The City of San Luis Obispo is considered a “community at risk” due to the threat of wildfire impacting the
urban community. These potential risks are mitigated by use of ignition resistant construction methods and materials as
required by the City Fire Marshal during the building plan check review process. The proposed text amendment does not
propose construction or development. The proposed night club (SLO Brew) will be located within an existing facility that
was reviewed and approved by the Architectural Review Commission for compliance with the municipal code and the AASP.
Conclusion: No Impact.
9. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements?
1, 16,
27
--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)?
1, 16,
27
--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?
1, 15,
27
--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?
1, 15,
27
--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?
1, 15,
27
--X--
f) Otherwise substantially degrade water quality? 1, 15,
27
--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?
1, 15,
27
--X--
h) Place within a 100-year flood hazard area structures which 1, 15, --X--
14.j
Packet Pg. 419 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
14
would impede or redirect flood flows? 27
i) Expose people or structures to significant risk of loss, injury or
death involving flooding, including flooding as a result of the
failure of a levee or dam?
1, 15,
27
--X--
j) Inundation by seiche, tsunami, or mudflow? 11,
12,
--X--
Evaluation
a, c-f) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed text amendment would not directly result in any
new construction or physical change to the environment. The proposed night club at 855 Aerovista Place will be located
within an existing facility that was reviewed and approved by the Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. Since no construction is proposed, the proposed text amendment
and use permit will not cause violation of any water quality standards, s ubstantially alter the existing drainage pattern of the
site or area, 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 waste discharge requirements.
b) No Impact. The project will be served by the City’s sewer and water systems and will not deplete groundwater resources.
g-j) No Impact. The proposed text amendment and use permit are not part of a development project and do not include any
new construction and therefore will not place housing or other structures within flood haza rd areas or expose people or
structures to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee
or dam or inundation by seiche, tsunami, or mudflow.
Conclusion: No Impact.
10. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 1, 10,
27
--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, 9,
27, 31
--X--
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
5, 12 --X--
Evaluation
a) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. Surrounding properties are zoned Conservation/Open Space, Service Commercial or
Manufacturing uses. Night club use is allowed in the Service Commercial zone and is consistent with the Airport Land Use
Plan (ALUP). The proposed night club at 855 Aerovista Place is surrounded by other properties that are zoned BP within a n
existing building within the Aerovista Business park. Therefore, the text amendment and the use permit do not divide an
established community.
b) No Impact. The proposed text amendment and use permit are requesting a night club – “a facility providing entertainment,
examples of which include live or recorded music and/or dancing, comedy, disc jockeys, etc., which may also serve alcoholic
beverages for on-site consumption” within the BP Zone of the AASP. In this particular request, the proposed use is no t for a
typical night club with late hours and dancing. Instead, the reason for delineating the requested use as a night club is to a llow
for the ability to provide live music and entertainment. The proposed use is consistent with the Title 17 of the City’s
Municipal Code, the General Plan and the AASP which states “activities that are supportive of, or accessory to, the primary
activities may be allowed as well” (AASP Section 4.2.1.). On December 16, 2015 the ALUC reviewed the proposed the
project and determined that the proposed Text Amendments and the request for a night club use permit for the SLO Brew
14.j
Packet Pg. 420 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
15
facility were consistent with the ALUP. There are no other applicable plans to this site.
c) No Impact. There are no applicable habitat conservation plans that would affect the text amendment or the use permit.
Conclusion: No impact.
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?
5
--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?
5
--X--
Evaluation
a, b) No Impact. The proposed text amendment would establish a new allowable use – night clubs –, with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed text amendment would not directly result in any
new construction or physical change to the environment. The proposed night club at 855 Aerovista Place will be located
within an existing facility that was reviewed and approved by the Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. Therefore, the project is not expected to impact mineral resources.
Conclusion: No impact
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?
3, 9,
29
--X--
b) Exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels?
3, 9,
29
--X--
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
3, 9,
29
--X--
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
project?
3, 9,
29
--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 expose people
residing or working in the project area to excessive noise levels?
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?
3, 27,
31
--X--
3
--X--
Evaluation
As analyzed in the City’s LUCE Update EIR, a number of noise‐sensitive land uses are present within the City, including
various types of residential, schools, hospitals and care facilities, parks and recreation areas, hotels and transient lodging, and
place of worship and libraries. Based on ambient noise level measurements throughout the City, major sources of noise
include traffic noise on major roadways, passing trains, and aircraft overflights.
a) Less than significant impact. The proposed text amendment will allow night club use within the BP zone of the AASP.
The proposed text amendment would not directly result in any new construction or physical change to the environment. As
part of the text amendment, the night club use would be conditionally permitted in the BP zone.
The SLO Brew night club is anticipated to generate noise from live performances. A Noise Study was prepared for this
project by David Lord (July 1015) to analyze noise levels that may be generated from the project. The noise study concludes
14.j
Packet Pg. 421 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
16
that the maximum noise level established in the 1996 General Plan Noise Element of 70 dBA will not exceeded at the
property line. This analysis includes sound from a “capacity” event of 600 attendees, with speakers and audience (cheering)
noise. Additionally, live events will be scheduled when the adjacent office buildings are vacant for the weekend.
Residential areas are designated as noise sensitive by the Noise Element. The Noise Element indicates that noise levels of 60
dB are acceptable for outdoor activity areas. The nearest residential receptor is approximately 890 feet from the proposed
performance area and the Noise Study shows that exterior noise levels will be 60 dB or less due to the distance from venue,
presence of a large building which acts a noise barrier, and the continuous traffic on State Route 227. Therefore, 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 are anticipated to be less than significant.
b) Less than significant. The proposed text amendment will allow night club use within the BP zone of the AASP. The
proposed text amendment would not directly result in any new construction or physical change to the environment. As part of
the text amendment, the night club use would be conditionally permitted in the BP zo ne. The proposed night club (SLO
Brew) is not anticipated to generate groundborne vibration or noise levels. Therefore, exposure of persons to or generation of
excessive groundborne vibration or groundborne noise levels is anticipated to be less than significant.
c, d) Less than significant. The proposed text amendment would establish a new allowable use – night clubs –, with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or physical change to the environment. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. The proposed night club (SLO Brew) may result
in short term event-related noise; however, the use would not result in substantial on-going ambient noise.
d) Less than significant. The proposed night club (SLO Brew) may result in short term periodic event related noise, however,
the use would not result in substantial on-going ambient noise above existing levels since it would comply with noise
limitations established in the Noise Element of the General Plan and the Noise Guidebook and restricted to the hours and
noise levels allowed by City ordinance.
e) Less than significant. The San Luis Obispo County Airport Land Use Commission reviewed the proposed text amendment
and use permit and determined a night club was not noise sensitive use. As noted in section XII a above, the SLO Brew night
club is anticipated to generate noise from live performances. A Noise Study was prepared for this project by David Lord (July
1015) to analyze noise levels that may be generated from the project as well as noise generated by the airport. The noise
study identifies that the site is within the project 65 dBA airport single event noise contour which is an acceptable outdoor
noise exposure per the noise element of the General Plan.
f) No Impact. There are no private airstrips within the vicinity of the BP zone and 855 Aerovista Place. No impact would
result.
Conclusion: Less than significant impact
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)?
1, 2,
6, 27,
31
--X--
b) Displace substantial numbers of existing housing, necessitating
the construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
1, 6,
27, 31
--X--
1, 6,
27, 31
--X--
Evaluation:
a) Less than significant. The proposed text amendment would establish a new allowable use – night clubs –, with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
14.j
Packet Pg. 422 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
17
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or physical change to the environment. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines.
New employment generated by the proposed use would not be considered substantial. Considering the project area is
currently developed, and the proposed project would utilize existing infrastructure at the subject location, the project would
not induce additional growth that would be considered significant. No upgrades to the existing infrastructure would be
required to serve the project. The proposed project would not involve any other components that would induce further growth
not already anticipated under the General Plan envisioned under the current site zoning designation. Impacts are considered
less than significant.
b,c) No Impact. The proposed text amendment and use permit do not propose construction or development of housing and
would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing.
Therefore the project would have no impact.
Conclusion: Less than significant impact.
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? 4, 9 --X--
b) Police protection? 4, 9 --X--
c) Schools? 9 --X--
d) Parks? 5 --X--
e) Other public facilities? 9 --X--
Evaluation
a) Less than significant. The proposed text amendment would establish a new allowable use – night clubs –, with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or physical change to the environment. The proposed night club at 855 Aerovista
Place will be located within an existing facili ty that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. As such, The City has adequate fire protection
services to serve the proposed text amendment and use permit without the need for new facilities or services.
b) Less than significant. T he project site is served by the City of San Luis Obispo Police Department for police protection
services. The proposed text amendment would not directly result in any new construction or physical change to the
environment. The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and
approved by the Architectural Review Commission for compliance with the municipal code and the A ASP. The applicant has
also submitted a supplemental security management plan that identifies staff security operations, training and management
program to control alcohol-related issues, safety and security and other potential issues that may occur or be associated with
this use. The Police Department has reviewed the proposed use permit and determined it would not result in the need for
increased patrols or additional units such that new police facilities would need to be constructed. There would be no physical
impacts related to the construction of new police facilities, and i mpacts related to police protection would be less than
significant.
c, d) No Impact. The proposed text amendment and use permit will not impact schools, parks and/or park service s since the
project will not create new or demand for new housing.
e) No Impact. There are no other applicable public facilities that could be impacted by the text amendment or use permit.
Conclusion: Impacts are considered less than significant.
14.j
Packet Pg. 423 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
18
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?
1, 9,
27
--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?
1, 9,
27
--X--
Evaluation:
a, b) No Impact. The proposed text amendment and use permit will not impact parks or other recreation facilities because no
new construction is anticipated as part of the text amendment and use permit.
Conclusion: Less than significant impact
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?
2, 9,
27
--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?
2, 9
--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?
31
--X--
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
2, 9
--X--
e) Result in inadequate emergency access? 2, 4, 9 --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?
2, 27
--X--
Evaluation
Evaluation
a) Less than significant with mitigation incorporated. The proposed text amendment would establish a new allowable use –
night clubs – with a conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes
to development standards, and is generally intended to regulate uses within existing structures. The proposed text amendment
would not directly result in any new construction or physical change to the environment and would not impact the
performance of the circulation system.
The proposed night club use at 855 Aerovista will operate on Friday evenings from 5:00 pm to 11:00 pm, and Saturdays and
Sundays, 10:00 am to 11:00 pm with no more than a maximum attendance of 600 people. The night club use is anticipated to
generate more than 100 trips during peak hour (5:00 pm to 6:00 pm), increasing congestion on State Route 227/Broad Street.
To mitigate this impact the project will be conditioned such that events related to the night club use permit are prohibited
during peak traffic hours (4:00 pm to 6:00 pm. In addition the project will be condition such that if congestions levels exceed
local or state thresholds at any time during night club use permit hours additional permit restrictions may be applied to the
14.j
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
19
satisfaction of the Public Works Department to ensure compliance with City General Plan policies.As such, the project could
result in significant but mitigatable impacts related to the performance of the circulation system.
b) Less than significant. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures with existing infrastructure.
The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by
the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines.
Regional access to the project site is provided by Highway 101, located west of the project site. Local access to the project
site is provided by SR 227/Broad Street and Aerovista Place. All roadways in the immediate project vicinity have curbs,
gutters, sidewalks, and on-street parking. The project does not conflict with any applicable circulation system plans and does
not significantly add to demand on the circulation system or conflict with any congestion management programs or any other
agency’s plans for congestion management.
c) No Impact. The proposed text amendment and use permit would not result in a change in air traffic patter ns and/or increase
in air traffic levels that would result in substantial safety risks.
d) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista Place will be locate d
within an existing facility that was reviewed and approved by t he Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. The project does not involve the construction of any roadway and
would have no effect on the City’s street and site design standards.
e) No Impact. The proposed text amendment and use permit do not involve any road construction or any development
activity and thus will not obstruct or restrict emergency access to or through the City. As p roposed, the project would not
alter the existing travel flow of vehicles, bicyclists, or pedestrians or substantially increase traffic on local streets. Therefore,
the proposed project would not have a negative effect on emergency access.
f) No Impact. The proposed text amendment and use permit would not conflict with adopted polices, plans or programs
regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such faciliti es.
The Regional Transportation Authority (RTA) bus line Route 10 Express (10X) is locate d within walking distance of the
proposed night club at 855 Aerovista Place allows public transportation services to and from the Downtown Transit Center.
City standards require provision of on-site bicycle storage. The proposed project includes a 12 shor t term bicycle parking
spaces and 3 long term bicycle lockers that meets code requirements.
Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between the hours of 4:00 pm and
6:00 pm.
Mitigation Measure T-2: Vehicle trips associated with the subject property shall be less than 35 per hour (the base trip
generation for the brewery manufacturing and restaurant use excluding the event use) on Fridays between the hours of 4:00
p.m. to 6:00 p.m. If the number of trips e xceeds the 35 trips per hour threshold during this period, then the events permitted
under this use permit related to the night club use shall be further prohibited on Friday night up until 8:00 pm or prohibite d on
Friday nights altogether, at the discretion of the Public Works Director.
Conclusion: Less than significant impact
17. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
7,16 --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?
7,16 --X--
14.j
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
20
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?
7, 9,
16
--X--
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new and
expanded entitlements needed?
7,16 --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?
7,16 --X--
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
8 --X--
g) Comply with federal, state, and local statutes and regulations
related to solid waste?
--X--
Evaluation
a-e) Less than significant. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or result in an incremental increase in demand on City infrastructure, including wat er,
wastewater and storm water facilities.
The proposed night club at 855 Aerovista Place will be located within an existing facility that would result in an incrementa l
increase in demand on City infrastructure, including water, wastewater and storm wate r facilities. Development of the site is
required to be served by City sewer and water service, which both have adequate capacity to serve the use. Existing storm
water facilities are present in the vicinity of the project site, and it is not anticipated t he proposed project will result in the
need for new facilities or expansion of existing facilities which could have significant environmental effects .
f, g) Less than significant. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. San Luis Garbage has reviewed the location and
size of enclosures at the SLO Brew Production Facility and determined that they are sufficient in size to handle the all the
garbage and recycling for the facility.
Conclusion: Less than significant impact.
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--
As identified in the biological evaluation and the cultural resource evaluation, the text amendment and use permit would not
degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildl ife
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 and there are no examples of the major periods of California
history or prehistory on the project site.
b) Does the project have impacts that are individually limited, but --X--
14.j
Packet Pg. 426 Attachment: j - SLO Brew initial study (1303 : SLO Brew Night Club Text Amendment)
Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
21
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)?
Potential cumulative impacts of the project on air quality, biological resources and water quality have been adequately
reduced, avoided and mitigated to not result in cumulatively considerable impacts.
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
--X--
This project could not result in substantial adverse effects on human beings, either directly or indirectly.
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.
N/A
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.
N/A
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
20. SOURCE REFERENCES.
1. City of SLO General Plan Land Use Element, December 2014
2. City of SLO General Plan Circulation Element, December 2014
3. City of SLO General Plan Noise Element, May 1996
4. City of SLO General Plan Safety Element, March 2012
5. City of SLO General Plan Conservation & Open Space Element, April 2006
6. City of SLO General Plan Housing Element, January 2015
7. City of SLO Water and Wastewater Element, July 2010
8. City of SLO Source Reduction and Recycling Element, on file in the Utilities Department
9. City of San Luis Obispo Municipal Code
10. City of San Luis Obispo Community Design Guidelines, June 2010
11. City of San Luis Obispo, Land Use Inventory Database
12. City of San Luis Obispo Zoning Regulations March 2015
13. City of SLO Climate Action Plan, August 2012
14. 2013 California Building Code
15. City of SLO Waterways Management Plan
16. Water Resources Status Report, July 2012, on file with in the Utilities Department
17. Site Visit
18. City of San Luis Obispo Staff Knowledge
19. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency:
http://www.consrv.ca.gov/dlrp/FMMP/
20. CEQA Air Quality Handbook, Air Pollution Control District, April 2012
21. Institute of Transportation Engineers, Trip Generation Manual, 9 th Edition, on file in the Community
Development Department
22. City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community
Development Department
14.j
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
22
23. City of San Luis Obispo, Historic Site Map
24. Not used
25. Site Plan
26. Applicant project statement/description
27. Airport Area Specific Plan
28. Website of California Department of Transportation
http://dot.ca.gov/dist05/planning/maps/scenic_highway_system.pdf
29. Sound Level Assessment for SLO Brew Production Building by David Lorde, July 3, 2015
30. Website of the California Environmental Protection Agency, Cortese List:
http://calepa.ca.gov/sitecleanup/corteselist/default.htm
31. Airport Land Use Plan (ALUP)
Attachments:
1. Amendments to Title 17 (Zoning Regulations) and the Airport Area Specific Plan
2. Zoning Designation Map
3. Site Plan
4. Sound Level Assessment for SLO Brew Production Building by David Lorde, July 3, 2015
REQUIRED MITIGATION AND MONITORING PROGRAMS
Transportation/Traffic
Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between the
hours of 4:00 pm and 6:00 pm.
Monitoring Plan, T-1: The hours of operation shall be included as part of the business license
application and will be incorporated as part of the conditions of approval for the use permit . City
staff will periodically inspect the site for continued compliance with the above mitigation measures.
Mitigation Measure T-2: Vehicle trips associated with the subject property shall be less than 35 per
hour (the base trip generation for the brewery manufacturing and restaurant use excluding the event use)
on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds the 35 trips per
hour threshold during this period, then the events permitted under this use permit related to the night
club use shall be further prohibited on Friday night up until 8:00 pm or prohibited on Friday nights
altogether, at the discretion of the Public Works Director.
Monitoring Plan, T-2: Within one year of the effective date of this use permit and annually
thereafter, City staff will periodically conduct traffic counts during Friday events to determine the
number of trips associated with the Subject property on Friday night between the hours of 4:00 p.m.
to 6:00 p.m.
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Planning Commission Minutes
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION MEETING MINUTES
Wednesday, February 10, 2016
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, February 10, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm
Street, San Luis Obispo, California, by Chairperson Larson.
PLEDGE OF ALLEGIANCE
Chair Larson led pledge of Allegiance.
ROLL CALL
Commissioners
Present: Hemalata Dandekar, Michael Draze, Ronald Malak, William Riggs, John
Fowler, Vice-Chairperson Michael Multari, and Chairperson John Larson.
City Staff
Present: Deputy Community Development Director Doug Davidson, Associate
Planner Rachel Cohen, Contract Planner John Rickenbach, Community
Development Director Michael Codron, Assistant City Attorney Jon
Ansolabehere, Assistant City Clerk John Paul Maier, and Recording
Secretary Brad T. Opstad.
ACCEPTANCE OF THE AGENDA
The agenda was accepted as presented.
CONSIDERATION OF MINUTES
Motion to approve Minutes of the Planning Commission meeting of December 9, 2015, as
presented, made by Commissioner Draze, seconded by Commissioner Malak, passed 7-0.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
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PUBLIC HEARING
1. Airport Area Specific Plan & 855 Aerovista Place. CODE-1316-2015: Review a
request to amend the Airport Area Specific Plan and Zoning Regulations to allow a Night
Club land use (live indoor/outdoor entertainment) within the Business Park zone with a
use permit and review a request for a use permit for a Night Club, shared and mixed-used
parking reduction and off-site parking at 855 Aerovista Place; exempt per the General
Rule Section 15061(b)(3) and categorically exempt from environmental review; BP-SP
zone; Auzco Development, LLC, applicant.
Associate Planner Rachel Cohen presented the staff report and stated that Staff is
recommending additional language to amend the Zoning Regulations, Table 9, to allow night
club use in the Business Park (BP) zone with a use permit, as well as amend the Airport Area
Specific Plan (AASP) to allow night club use in the Business Park (BP) zone, Table 4.3, with a
use permit.
Hamish Marshall, representing the applicant SLO Brewing Company, described the project and
displayed a PowerPoint slide depicting the Master Site Plan of Aerovista Business Park to
illustrate reciprocal parking rights and the conceptual plan for parking after 5:30 p.m.
PUBLIC COMMENT
Mila Vujovich-La Barre, San Luis Obispo, expressed objections to the project because of the
location and asked if neighbors were adequately noticed.
Mike Manchak, Lisa McCann and Steve Delmartini, all of San Luis Obispo, provided comments
in support of the project.
COMMISSION DISCUSSION
In response to Commission inquiry regarding noise levels, Deputy Director Davidson indicated
that Staff supports the analysis in the Sound Level Assessment report provided by the applicant,
which concludes that the project is compatible with the Airport and, further that is in
conformance with City regulations.
Planner Cohen confirmed that the City had provided adequate notice to tenants and owners of
neighboring properties within 300-feet of the proposed project.
In response to inquiry by Chair Larson, Hamish Marshall indicated that SLO Brew has 3,200
square feet of indoor space and is proposing that about 80% of the concerts will be held
outdoors.
In response to Commissioner Fowler’s inquiry, Planner Cohen responded that in the BP zone,
light manufacturing use is allowed. Deputy Director Davidson added that a tasting room,
technically a bar, was approved at the administrative use permit level.
In response to Commissioner Dandekar’s inquiry, Deputy Director Davidson reported that there
are two ways uses can be approved in this site-specific context: namely by changing the text on DRAFT14.k
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the chart or by changing the underlying zoning to something that would allow for it. He
mentioned that Staff opted for altering the chart text because it was the most direct and
appropriate method and noted that a case-by-case study would follow for all other locations that
might not contain this site’s unique tenets.
Chair Larson pointed that San Luis Obispo has only three BP zones and that Staff has added a
footnote to Table 9 to reflect that this particular change would only affect the BP zone in the
Airport Area. He added that this geographically-narrows the possibility for this type of
application in the future to those areas in the BP zone strictly within the AASP.
Commissioner Riggs suggested that Staff address underlying zoning issues insofar as uses are
becoming increasingly general and the Commission is still operating with code requirements
that do not reflect the generality of many of these evolving uses.
Commissioner Dandekar requested more information about the proper definition for what the
applicant is proposing. Associate Planner Cohen explained that live entertainment is part of the
description for a “night club”. Deputy Director Davidson added that designating it an
“amphitheatre” presents problems.
In response to Chair Larson’s inquiry about 61 spaces offsite proposed for parking, Associate
Planner Cohen explained that the plan provides parking for existing uses as well as for the new
use through an agreement with other parcel owners.
Commissioner Draze made a motion to approve a Resolution recommending to the City Council
the approval of amendments to Title 17 (Zoning Regulations) and the Airport Area Specific Plan
to allow night club land use within the Business Park zone; as amended (changes to Exhibits A and
B to specify that a night club use in the Business Park zone (Airport Area only by footnote) requires a
Planning Commission Use Permit instead of a Director’s (Administrative) Use Permit; Commissioner
Malak seconded the motion.
Chair Larson requested clarification of Section 3 of the Resolution regarding “all tall structures”.
Associate Planner Cohen reported that the Airport Land Use Commission requested the
condition because the AASP has a building height restriction, which would apply.
On the motion by Commissioner Draze, seconded by Commissioner Malak, the Resolution was
adopted by the following roll call vote:
AYES: Draze, Malak, Fowler, Larson, Dandekar
NOES: Multari
REFRAIN: Riggs
ABSENT: None
Motion passed 6-1.
Commissioner Riggs made a motion to approve a Resolution recommending to the City Council
approval of a request to allow a night club and off-site parking in the Business Park Zone, with a
categorical exemption from environment review; as amended (Condition Number 2 - hours of
operation to 6 p.m. and consolidate Condition #6 within #13 to be clear that the conditions will
be combined into one in compliance with the security plan); Commissioner Draze seconded the DRAFT14.k
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motion.
In response to Chair Larson’s inquiry about Condition 4, Associate Planner Cohen confirmed
that Staff has the ability to require alternative offsite parking measures if parking availability
becomes an issue.
Commissioner Malak offered an amendment to the motion to add a recommendation that
Council consider the installation of solar panels and solar canopies on the property. The motion
amendment failed for lack of a second.
On the motion by Commissioner Riggs, seconded by Commissioner Draze, the Resolution was
adopted by the following roll call vote:
AYES: Riggs, Draze, Fowler, Larson, Dandekar
NOES: Malak, Multari
ABSENT: None
Motion passed 5-2.
Chair Larson called for recess at 7:58 p.m. Vice-Chair Multari reconvened the meeting back to
order at 8:06 p.m. and introduced the next item.
PUBLIC HEARING
1. 1035 Madonna Road. ANNX-1502-2015: Conceptual review of land use-related issues
for the San Luis Ranch Specific Plan (Chapters 1-4), requesting feedback related to the
plan development; Coastal Community Builders. (John Rickenbach)
Commissioner Riggs departed the dais; Chair Larson recused himself due to a potential
conflict of interest.
Contract Planner John Rickenbach provided the staff report and outlined key questions for
Commission input, including how well the Specific Plan responds to the General Plan
requirements, the envisioned land use mixture and pattern, the Open Space Requirement and
Policy 8.1.4, product types and densities relative to what is contained in the LUCE, community
character and neighborhood form, and the interfaces between residential and
commercial/agricultural.
In response to Commissioner Malak’s inquiry regarding product types and densities having
reached perceived saturation points, Planner Rickenbach responded that this project is a long-
range, market-driven planning effort providing for future-envisioned needs.
In response to Commissioner Malak’s inquiry concerning three billboards on 101 and the
potential conditioning of contractual language toward their removal as part of the project,
Assistant City Attorney Jon Ansolabehere stated that the highly litigated billboard industry has a
fairly comprehensive statutory scheme regarding removal.
RRM Design Architect, Scott Martin, representing the applicant, provided an overview of the
proposed project and highlights of the planned amenities. In response to Commission inquiry, DRAFT14.k
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Meeting Date: 4/19/2016
FROM: Monica Irons, Director of Human Resources
Prepared By: Greg Zocher, Human Resources Manager
SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’ ASSOCIATION
(POA) FOR THE PERIOD OF 01/01/2016 - 06/30/2018
RECOMMENDATION
Adopt a resolution ratifying the Memorandum of Agreement (MOA) with a two and a half year
term between the City of San Luis Obispo and the POA (Attachment A).
DISCUSSION
Background
POA represents 65 police employees; 46 sworn Police Officers and 19 non-sworn personnel
including Communications Technicians (dispatchers), Police Records Clerks, a Property and
Evidence Clerk, Field Service Technician, and Evidence Technician. The current MOA with this
group expired December 31, 2015. Starting in early December, the parties held six negotiation
meetings concluding with a tentative agreement for a successor MOA on February 4, 2016. The
tentative agreement was unanimously ratified by the POA membership on February 24, 2016.
Since that time staff has worked with POA representatives to finalize MOA language and
prepare this report.
In preparation for negotiations with employee groups, Council adopted the following Labor
Relations Objectives (LRO) in September 2014:
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on-going revenues.
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liability trend
and other actions consistent with State law.
3. Continue to effectively manage escalating health benefit costs through balanced cost
sharing and other means while maintaining comprehensive health care coverage for
all eligible employees.
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy (Attachment C).
15
Packet Pg. 433
These objectives guided negotiations with POA resulting in the agreement and resolution before
Council. Consistent with the LRO adopted by Council the agreement includes modest cost of
living salary increases, items aimed at addressing recruitment and retention issues, and
continued sharing of health insurance and pension costs.
The City has experienced challenges recruiting and retaining Police Officers and
Communications Technicians as evidenced by turnover data. Turnover data from 2006 through
2015 indicates a marked increase in the last three years. Police Department turnover for 2006
through 2012 averaged 4%; in comparison, the average turnover for 2013 through 2015 is 14%.
While turnover from retirement is normal and can be planned for accordingly, the increase in
turnover corresponds with an increase in Police Officers leaving for other reasons (e.g. other
employment, moving out of the area, and/or performance issues). Several months ago the Police
Department started continually recruiting for Police Officers in an effort to establish healthy
eligibility lists of qualified candidates from which to fill the continual vacancies.
However, a lower than typical second tier retirement benefit (2% at 50 formula, while many
other agencies have 3% @ 55 or no second tier retirement formula) and the high number of other
agencies actively and continuously recruiting for police officers, hinders the City’s ability to
effectively recruit in this critical area.
The 2014 Benchmark Compensation Study indicated Police Officer salary and total
compensation was at market median, while Communications Technician salary and total
compensation was slightly above the median. Updated information indicates Communications
Technicians are 1.6% below and Police Officers are almost 4% below market median. Given the
critical nature of the work performed, the number of agencies competing for talent, the City’s
ongoing difficulty recruiting qualified Police Officers, an inability to use temporary staff to fill
Police Officer or Communications Technicians vacancies due to the nature of the job and
required State certifications, the significant investment in training for these positions, and the
turnover experienced, the proposed tentative agreement includes modest adjustments to bring
salaries closer to the market median.
In determining an appropriate cost of living adjustment, changes in the labor market and
Consumer Price Index (CPI), historical changes in compensation, and fiscal responsibility were
considered. During the six year period of 2010-15 the CPI for San Francisco-Oakland-San Jose
increased 15.1%. It has been six years (January 2009) since POA received a cost of living
increase of 5%. During that same timeframe, POA agreed to a 6.8% total compensation
reduction through 4% salary reduction, a 3% increased contribution toward CalPERS retirement,
waiving uniform allowance and continued sharing of health insurance cost increases.
POA Agreement
15
Packet Pg. 434
Rick Bolanos, Partner with the law firm Liebert Cassidy Whitmore, represented the City as Chief
Negotiator along with Monica Irons, Human Resources Director; Jeff Smith, Police Lieutenant;
and Greg Zocher, Human Resources Manager. Stuart Adams, Partner with the law firm Adams
Ferrone & Ferrone, represented the POA along with Aaron Schafer, Pol ice Officer; Adam
Stahnke, Police Officer; Eric Vitale, Police Officer; Christy McCornack, Communications
Technician; Amy Chastain, Police Officer; and Robert Cudworth, Police Officer.
POA’s proposals were focused and thoughtful with the intent of addressing mutual interests
around recruitment, retention, and operational issues. POA members are committed to providing
high quality service to the community and recognize the City’s commitment to fiscal responsibility.
Following is a summary of the key changes included in the successor POA MOA:
1. Two and one half year Term of Agreement: January 1, 2016 – June 30, 2018;
2. A 2% cost of living increase each year of the agreement (effective in January 2016,
January 2017 and January 2018);
3. A Recruitment and Retention Market Adjustment:
a. 1% Effective July 2016.
b. 1% Effective July 2017.
4. Health Insurance Contribution - Maintain the current cost-sharing arrangement that
increases the City contribution by 50% of the average percent increase in CalPERS
medical premiums (for example, if the average increase in CalPERS medical premiums
increases ten percent, the City contribution would increase five percent, while employees
absorb the remainder of the increased cost);
5. Uniform Allowance $1,000 per year for sworn and $500 per year for non-sworn.
6. Other minor low cost changes to address recruitment and retention and ensure
competitiveness:
a. Increase bilingual pay,
b. Field training incentive when assigned a trainee,
c. Increase standby pay for Investigators/Bomb Technicians;
7. Other minor changes including updating dates, revising MOA language to reflect current
Federal and State law, and clarifying operational language with no cost.
The two and a half year term expires June 30, 2018, providing stability in the 2015-17 financial
plan and through the 2017-19 supplement. In addition, the POA agreement is reasonable for a
number of reasons:
1. The cost of living adjustments, recruitment and retention market adjustments, and health
insurance contributions are consistent with Council’s LRO, are modest, and can be
accommodated in the City’s Five Year Forecast.
2. Uniform allowance, field training incentive, and bilingual pay are typical in the market.
These incentives are flat rates, and as such, do not escalate with increases to salary. The
majority of comparable agencies in the 2014 Compensation Study offer similar
allowances, which will make our agency more competitive when recruiting.
FISCAL IMPACT
The cumulative annual ongoing total compensation cost after all items in the two and a half year
term are implemented is approximately $795,000. Funding is available in the current 2015-17
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Financial Plan for cost increases resulting during that timeframe and subsequent costs were
modeled the Five-Year Fiscal Forecast and are sustainable under the most recent assumptions in
that forecast to ensure consistency with Council’s adopted LRO and Fiscal Responsibility
Philosophy (Attachment D).
ALTERNATIVES
Do not approve the resolution and direct staff to negotiate a different successor agreement and
resolution. This alternative is not recommended as the agreement is consistent with the Council’s
previous direction and the City’s employer-employee relations policies.
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RESOLUTION NO. (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’
ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2016 THROUGH
JUNE 30, 2018
WHEREAS, the San Luis Obispo Police Officers’ Association (POA) is committed to
providing high quality service to the community and recognize the City’s commitment to fiscal
responsibility; and
WHEREAS, POA employees have demonstrated sensitivity to the fiscal challenges facing
the City for several years by agreeing to no across the board salary increases (e.g. “cost of living”
increases) since January 2009; and
WHEREAS, the City of San Luis Obispo has experienced challenges recruiting and
retaining Communications Technicians and Police Officers; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City’s adopted Compensation
Philosophy;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the POA, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby
adopted and ratified.
SECTION 2. The Director of Finance and Information Technology shall adjust the
appropriate accounts to reflect the compensation changes in the 2015-2016, 2016-2017 Fiscal Year
Budgets and Five-year Forecast and other budgetary documents as needed.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Aaron Schafer, San Luis Obispo Police
Officers’ Association, and Monica Irons, Director of Human Resources.
Upon motion of ______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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Packet Pg. 437 Attachment: a - POA Resolution 2016 (1304 : POA MOA)
The foregoing resolution was adopted this 19th day of April, 2016.
___________________________________
Mayor Jan Marx
ATTEST:
__________________________________
Lee Price, MMC
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 ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
15.a
Packet Pg. 438 Attachment: a - POA Resolution 2016 (1304 : POA MOA)
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
POLICE OFFICERS’ ASSOCIATION
January 1, 20162012 – June 30, 2018December 31, 2015
Formatted: Font: Univers (W1), 10 pt,
Condensed by 0.15 pt
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Packet Pg. 439 Attachment: b - EXHIBIT A - SLOPOA MOA 2016-18 (1304 : POA MOA)
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TABLE OF CONTENTS
Article No. Title Page No.
1 Preamble .......................................................................... 1
2 Recognition ....................................................................... 2
3 Check Off/Dues Deduction ............................................... 3
4 Employee Rights ............................................................... 4
5 Management Rights .......................................................... 5
6 Representative Role ......................................................... 6
7 Salary ................................................................................ 8
8 Master Police Officer Program ........................................ 13
9 Field Training Officer Incentive ....................................... 16
109 Bilingual Pay ................................................................... 15
110 Overtime - Sworn ............................................................ 16
121 Overtime – Non-Sworn ................................................... 19
132 Work Out-Of-Grade ........................................................ 22
143 Standby – Sworn and Non-Sworn .................................. 23
154 Education Incentive......................................................... 24
165 Uniform Allowance .......................................................... 26
176 Health Care Insurance .................................................... 27
187 Retirement ...................................................................... 31
198 Seniority .......................................................................... 32
2019 Holidays .......................................................................... 33
210 Vacation .......................................................................... 35
221 Sick Leave ...................................................................... 36
232 Family Leave .................................................................. 37
243 Bereavement Leave ........................................................ 39
254 Catastrophic Leave ......................................................... 40
265 Workers’ Compensation Leave ....................................... 42
276 Jury Duty and Military Leaves ......................................... 43
287 General Provisions.......................................................... 44
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Article No. Title Page No.
298 Residency Requirements ................................................ 45
3029 Promotional Policy .......................................................... 46
310 Performance Evaluations ................................................ 51
321 Grievance Procedure ...................................................... 53
332 Layoffs ............................................................................ 56
343 Work Actions ................................................................... 58
354 Communication Process ................................................. 59
365 Notice to the Association ................................................ 60
376 Equipment ....................................................................... 61
387 Temporary Modified Duty ............................................... 63
398 Work Schedules .............................................................. 64
4039 SWAT ............................................................................. 71
410 Traumatic Incidents......................................................... 72
421 No Discrimination ............................................................ 73
432 Staffing ............................................................................ 74
443 Full Agreement ............................................................... 75
454 Savings Clause ............................................................... 76
465 Renegotiations ................................................................ 77
476 Term of Agreement ......................................................... 78
Appendix “A” - Classification ........................................... 79
Appendix “B” – Grievance Forms ................................... 80
Appendix “C” – Salary Range Listing…………………...
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ARTICLE 1
PREAMBLE
1.1 This Agreement is effective the 1st day of January, 20162012, by and between the City of
San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police Officers'
Association. The provisions of this Agreement shall apply to all unit members employed
on January 1, 20162012, or thereafter.
1.2 The purpose of this Agreement is to promote the improvement of personnel management
and employer/employee relations, provide an equitable and peaceful procedure for the
resolution of differences and establish rates of pay and other terms and conditions of
employment.
1.3 The City and the Police Officers' Association agree that all employees of the City share in
the important responsibility of providing superior service to the public and that every job
and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for any
provision in Resolution No. 6620 (1989 Series) unless so stipulated to by provision(s)
contained herein and agreed to.
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ARTICLE 2
RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining
representative for purposes of representing regular and probationary employees, occupying the
position classifications set forth in Appendix A, in the Police Unit with respect to their
compensation, hours and other terms and conditions of employment for the duration of the
Agreement.
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ARTICLE 3
CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the Association
treasurer, which dues shall not include assessments.
3.2 Dues deduction, additions, and/or deletions shall be recorded by the City's Finance &
Information Technology Director or designee and a notification of all dues transactions
shall be sent monthly to the Association President.
3.3 The Association shall hold the City harmless from any and all claims, and will indemnify
it against any unusual costs in implementing these provisions.
3.4 The Association shall refund to the City any amount paid to the Association in error,
upon presentation of supporting evidence.
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ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer-employee relations including, but not limited to, wages, hours and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have t he right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against because of the exercise
of these rights.
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ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of government operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of the job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology for performing its work.
The City’s exercise of its rights under this section is subject to applicable State law.
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ARTICLE 6
REPRESENTATIVE ROLE
As established by Article 43 44 of this Agreement, in the event any new practice or subject
matter within the scope of representation arises during the term of this Agreement and an action
concerning that practice or subject matter is proposed by the City, the Association will be
afforded notice and shall have the right to meet and confer upon request. In this event, as well as
for renegotiations under Article 45 46 of this Agreement, members of the Association may, by a
reasonable method, select not more than five (5) employee members to meet and confer with the
Municipal Employee Relations Officer and other management officials (after written
certification of such selection is provided by the Association). Such meet and confer sessions
under both Article 43 44 and Article 45 46 of this Agreement shall be considered hours of work
for the designated Association representatives . The Association shall, whenever practicable,
submit the name(s) of each employee representative to the Municipal Employee Relations
Officer at least two working days in advance of such meetings.
Provided further:
(A) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management official. That any such meeting is subject to scheduling by City
management consistent with operating needs and work schedules. Nothing
provided herein, however, shall limit or restrict City management from scheduling
such meetings before or after regular duty or work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of any
carryover time) of vacation time, holiday time, and compensatory time off to an
Association "time bank" under the following guidelines:
During the first full pay period of July each calendar year, the POA President
shall determine the number of hours remaining in the Association time bank.
That number shall be subtracted from the maximum number of time bank hours of
250 hours. The difference between the actual number of hours and the 250 hour
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maximum will be divided by the number of POA represented employees. Each
represented employee shall then contribute an equal number of leave hours to be
debited by the City to maintain the 250 hours time bank. Employees shall have
the option to designate vacation, holiday or CTO leave time.
1. Only Association officers or bargaining team members may draw from the
bank.
2. Requests to use time from the bank must be made reasonably in advance
of the use. Approval is subject to the operational necessity of the
department and normal time off approval processes.
The City agrees to meet and confer over an increase in donations to the association leave bank if
requested by the POA during the term of this MOA.
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ARTICLE 7
SALARY
7.1 Rules Governing Step Increases
The following rules shall govern step increases for employees:
A. The first step is the minimum rate and shall normally be the hiring rate for the
class. In cases where it is difficult to secure qualified personnel, or if a per son of
unusual qualifications is hired, the City Manager may authorize hiring at any step.
B. The second step is an incentive adjustment to encourage an employee to improve
his/her work. An employee may be advanced to the second step following twelve
months satisfactory service upon recommendation by the Police Chief and the
approval of the Human Resources Director.
C. The third, fourth & fifth step represents the middle value of the salary range and is
the rate at which a fully-qualified, experienced and ordinarily conscientious
employee may expect to be paid after a reasonable period of satisfactory service.
An employee may be advanced to the third and subsequent steps after completion
of twelve months service at the prior step, provided the advancement is
recommended by the Police Chief and approved by the Human Resources
Director.
D. The sixth step is to be awarded only in case of work which is well above average
for the class. An employee may be advanced to the sixth step after completion of
one year of service at the fifth step, provided the advancement is recommended by
the Police Chief and approved by the Human Resources Director.
E The seventh and eighth steps are intended as a reward for performance sustained
above satisfactory. An employee may be advanced to the seventh or eighth step
after completion of one year at the prior step, provided the advancement is
recommended by the Police Chief and approved by the Human Resources
Director.
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F. Progression to Master Police Officer, step 9, will occur when the employee has
satisfied the requirements in Article 8.4.
G. The Police Chief shall be authorized to reevaluate employees who reach top step
in their pay range. An employee who is not performing up to standard for the top
step shall be notified in writing that the Police Chief intends to reduce him/her
one step unless job performance improves significantly within a 60-day period.
Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The top step may
be reinstated at any time upon recommendation of the Police Chief. If the Police
Chief deems it necessary to again remove the top step during the same fiscal year,
he/she may make the change at any time with three business days' advanced
written notice.
H. Effective January 2013 In order to implement immediate prospective cost savings
to the City for the hiring of new employees, two additional full salary steps will
be added at the bottom of the salary tables for all classifications. The addition of
two new salary steps will yield a 10.52% reduction in salary with a corresponding
reduction in salary related employee costs for all employees hired after this
agreement is ratified and adopted by City Council.
The salary range for Police Officer consists of nine steps (1 through 9). Steps 1
through 9 equal 95% of the next highest step, computed to the nearest $1.00. The
salary range for Communications Technician, Evidence Technician, Field
Services Technician, Property and Evidence Clerk, Police Records Clerk and
Police Cadet consists of seven steps (1 through 7). Steps 1 through 7 equal 95% of
the next highest step, computed to the nearest $1.00
Employees hired before January 1, 2013 will be assigned to the corresponding
step in the new pay scale that is two steps higher than in the pre-January 2013
salary schedule. No increase or decrease in compensation will result from this
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transition to the new salary schedule. For example, a step 7 police officer will
now reflect step 9 and a step 5 Communications Technician will reflect step 7.
Each across-the-board % salary increase shall raise each step of the range by the %.
Step 7The top step of each successive salary range will be 2.63% above step 7the top step
of the next lower range. After all steps of each salary range have been established, each
shall be rounded off to the nearest $1.00. Employees who are eligible for advancement to
top step must receive a "Meets Performance Standards" or better on the overall rating on
their most recent Performance Appraisal prior to or coincident with their being eligible
for advancement by time in grade.
Employees who are eligible for advancement to step 6 or 7the top two steps must receive
a "Meets Performance Standards" or better on the overall rating on their most recent
Performance Appraisal prior to or coincident with their being eligible for advancement by
time in grade.
7.2 Salary Increases for Term of Agreement
In response to the City’s request to contain labor costs, the Association agrees to
effectively freeze any COLA increase during the term of this agreement; there
shall be no cost of living (COLA) increases for the term of this agreement. This
agreement memorializes two (2) previous years of a 0% COLA for calendar years
2010 and 2011 and four (4.0) additional years of a 0% COLA during the term of
this agreement.
Salary increases will be effective on the first day of the first full pay period
following the dates listed below:
January 1, 20162012 20% Sworn and Non-Sworn Classifications
(Police Officer)
January 1, 2012 0% Non-Sworn Classifications
January 1, 20172013 20% Sworn and Non-Sworn Classifications
(Police Officer)
January 1, 2013 0% Non-Sworn Classifications
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January 1, 20182014 20% Sworn and Non-Sworn Classifications
(Police Officer)
January 1, 2014 0% Non-Sworn Classifications
January 1, 2015 0% Sworn Classifications (Police Officer)
January 1, 2015 0% Non-Sworn Classifications
Recruitment and Retention Market AdjustmentSalary Concession for Term of
Agreement:
Due to the critical nature of the work performed and difficulty in attracting and
retaining qualified employees in these classifications, recruitment and retention
market increases will be effective on the first day of the first full pay period
following the dates listed below:
July 2016January 2013 1.02.0% Salary Reduction Sworn
and Non-Sworn Classifications
July 20172014 1.02.0% Salary Reduction Sworn and Non-Sworn
Classifications
The salary ranges for the term of this agreement are listed in Appendix C.
January 2012
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
700 Records Clerk I 3,907 4,113 4,329 4,557 4,797
1,803 1,898 1,998 2,103 2,214
704 Records Clerk II 4,331 4,559 4,799 5,051 5,317
1,999 2,104 2,215 2,331 2,454
705 Police Cadet 4,816 5,070 5,336 5,617 5,913
2,223 2,340 2,463 2,593 2,729
707 Field Service 5,084 5,352 5,634 5,930 6,242
Technician 2,347 2,470 2,600 2,737 2,881
707 Property &5,084 5,352 5,634 5,930 6,242
Evidence Clk 2,347 2,470 2,600 2,737 2,881
708 Communications 5,211 5,486 5,774 6,078 6,398
Technician I 2,405 2,532 2,665 2,805 2,953
720 Evidence 6,957 7,323 7,708 8,114 8,541
Technician 3,211 3,380 3,558 3,745 3,942
750 Police Officer 6,285 6,616 6,964 7,330 7,716 8,122 8,550
2,901 3,053 3,214 3,383 3,561 3,749 3,946
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January 2013 2% Decrease all classifications
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
700 Records Clerk I 3,456 3,638 3,830 4,031 4,243 4,467 4,702
1,595 1,679 1,767 1,861 1,958 2,062 2,170
704 Records Clerk II 3,830 4,032 4,244 4,468 4,703 4,950 5,211
1,768 1,861 1,959 2,062 2,171 2,285 2,405
705 Police Cadet 4,259 4,483 4,719 4,967 5,229 5,504 5,794
1,966 2,069 2,178 2,293 2,413 2,540 2,674
707 Field Service 4,496 4,733 4,982 5,244 5,520 5,811 6,117
Technician 2,075 2,184 2,299 2,420 2,548 2,682 2,823
707 Property &4,496 4,733 4,982 5,244 5,520 5,811 6,117
Evidence Clk 2,075 2,184 2,299 2,420 2,548 2,682 2,823
708 Communications 4,609 4,852 5,107 5,376 5,659 5,957 6,270
Technician I 2,127 2,239 2,357 2,481 2,612 2,749 2,894
720 Evidence 6,153 6,476 6,817 7,176 7,554 7,951 8,370
Technician 2,840 2,989 3,146 3,312 3,486 3,670 3,863
750 Police Officer 5,558 5,851 6,159 6,483 6,824 7,184 7,562 7,960 8,379
2,565 2,700 2,843 2,992 3,150 3,315 3,490 3,674 3,867
July 2014 2% Decrease all classifications
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
700 Records Clerk I 3,388 3,566 3,754 3,951 4,159 4,378 4,609
1,564 1,646 1,732 1,824 1,920 2,021 2,127
704 Records Clerk II 3,754 3,952 4,160 4,378 4,609 4,851 5,107
1,733 1,824 1,920 2,021 2,127 2,239 2,357
705 Police Cadet 4,174 4,394 4,625 4,869 5,125 5,395 5,679
1,927 2,028 2,135 2,247 2,365 2,490 2,621
707 Field Service 4,407 4,639 4,883 5,140 5,411 5,695 5,995
Technician 2,034 2,141 2,254 2,372 2,497 2,629 2,767
707 Property &4,407 4,639 4,883 5,140 5,411 5,695 5,995
Evidence Clk 2,034 2,141 2,254 2,372 2,497 2,629 2,767
708 Communications 4,517 4,755 5,005 5,268 5,546 5,837 6,145
Technician I 2,085 2,194 2,310 2,432 2,559 2,694 2,836
720 Evidence 6,030 6,347 6,681 7,033 7,403 7,793 8,203
Technician 2,783 2,930 3,084 3,246 3,417 3,597 3,786
750 Police Officer 5,448 5,735 6,036 6,354 6,688 7,040 7,411 7,801 8,212
2,514 2,647 2,786 2,933 3,087 3,249 3,420 3,601 3,790
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ARTICLE 8
MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
Field Training Officer 3 years
S.E.T.5 43 years4
Traffic Officer5 3 years3
Investigator5 4 years
Narcotics Task Force Investigator 4 years (effective January 1, 2006)
SRO 43 years4
Crime Scene Investigator 3 years
Defensive Tactics Instructor1* 3 years (effective January 1, 2007)
Hostage Negotiator1* 3 years (effective January 1, 2007)
Range Master 4 years2**
Downtown Officer 3 years2**
Swat Team Operator1* 3 years
Bomb Technician1* 3 years
CAT (Community Action Team) 4 years
Traffic Call Out1 3 years
1* Non-mandatory Rotational position.
2** Early opt out allowed after two years with full credit towards MPO status.
3 If grant funding is received for DUI enforcement then the assignment is two years and is
counted toward MPO credit.
4 Early opt out allowed after three years with full credit towards MPO status.
5 At the discretion of the Police Chief, Administrative Captain, Investigations Lieutenant, SET
Sergeant, and following input from a member of the POA board of directors, one position in
SET, Investigator and Traffic may be extended two years. This extension can be reoccurring
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based on job performance and management recommendation. An officer can chose to decline
the extension at the end of the completed rotation.
8.2 To be eligible for compensation under this program, an employee must receive and
maintain at least a "Meets Performance Standards" rating on their evaluation.
8.3 Compensation under this program shall in no case exceed one step on the salary range.
8.4 Master Police Officer
Eligibility requirements for the position of Master Police Officer are as follows
effective January 1, 2006:
1. One full year at Step 8 of the salary range.
2. Must have obtained an advanced POST Certificate
3. Must have successfully completed two specialty assignments and two years in a
third specialty assignment. Assignments may be completed in any order. Lateral
Officers having completed two comparable specialty assignments at their prior
agency shall receive credit for a third sp ecialty assignment. The comparability of
specialty assignments shall be determined by the Police Chief in his/her
discretion. The Chief may require an employee seeking credit for prior agency
specialty assignment credit to submit satisfactory proof of su ccessful performance
in such assignments.
4. Reassignment, with a break in service, to the same assignment will be credited as
a third assignment. To be credited for the purposes of compensation, an officer
shall be required to complete the terms of any specialty assignment unless early
departure for good cause is/was authorized by the Chief of Police. Departure for
any other reason will forfeit MPO compensation at the time of departure.
5. The Department may, at any time, temporarily remove an employee from a
specialty assignment to meet operational needs. If the cumulative total time of
removal from the assignment prior to the employee’s scheduled rotation date
exceeds 90 days, the employee shall have the option of extending the rotation date
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by the total time of removal or accepting that amount of time as credit towards
completion of the specialty assignment.
6. Qualified Master Police Officers will be permitted to wear a two-stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as determined
by Department uniform policy.
7. Compensation: Police Officer Step 9.
8. The employee is responsible for requesting advancement to Master Police Officer.
The Department will, once annually, remind employees to make such requests.
Retroactive payments will not be made if the employee fails to make a timely
request.
9. Once an officer achieves status of MPO s/he will be assigned to attend the Field
Training Officer Class.
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ARTICLE 910
FIELD TRAINING OFFICER INCENTIVE
9.110.1 When assigned a trainee by the Police Chief or designee, field training officers will
receive $50 per day.
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ARTICLE 109
BILINGUAL PAY
9.110.1 Employees certified as bilingual in Spanish through a testing process
administered by the City Human Resources Department shall receive a bilingual payment of $50
per pay period. Additional languages may be approved by the City based upon demonstrated
need. Regardless of certification, all employees shall use any language skills they possess to the
best of their ability.
Effective the first payroll in the mon th following adoption of this agreement by City
Council, bilingual payment shall be $100 per pay period.
.
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ARTICLE 110
OVERTIME - SWORN
110.1.A DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the employee's
28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off
shall be considered hours worked when computing overtime.
110.1.B In accordance with section 207(k) of the Fair Labor Standards Act, the City has
declared a twenty-eight day work period for the purpose of calculating FLSA overtime.
The FLSA work period is deemed to commence at 12:01 AM on the first day of the 28
day period and end at 11:59 PM on the 28th day of the the 28 day work period and the
FLSA overtime threshold for the work period is 171 hours. This declaration is separate
and apart from the City’s contractual overtime obligations set forth in section 10.1.A
above.
110.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime pay.
110.3 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off compensated at time
and one half. However, no employee shall accumulate and have current credit for
more than 100 hours of compensatory time off.
B. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
coverage (except when scheduled in conjunction with approved vacation during
the annual vacation sign-ups).
110.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
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Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
110.5 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated
emergency call-backs (criminal investigations, emergency evacuations, natural disasters,
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
110.6 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to a
maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be subject
to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to appear,
s/he shall be eligible for the minimum payment in this Section.
110.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
110.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one half.
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B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
Lunch - $15.00
Commuter Lunch - $8.00
Dinner - $25.00
Mileage at the prescribed IRS mileage reimbursement rate.
110.9 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms shall be
guaranteed three hours at time and one-half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice handgun ammunition each month upon request. Employees may only
receive the current month’s handgun allocation. Employees must be present to
receive and sign for allotted ammunition. Employees that have been placed on
administrative leave, and/or 4850 that extends beyond 90 days shall not receive
an allotment of ammunition until return from such leave. Allotments shall not
accrue during the pendency of such leave and shall not be owed to an employee
for the pendency of such leave.. An employee on modified duty or 4850 less than
90 days may receive allotment with a note from a physician.
110.10 OVERTIME ASSIGNMENT
A. Prior to each shift rotation the Department creates an electronic calendar for
officers to indicate their interest in overtime., will post an overtime interest list.
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Planned overtime will be called from this list in order of seniority. Employees
may add and/or delete their names from this list at any time, and are not required
to take overtime if they are unavailable.
B. An officer may decline a non-emergency overtime shift if s/he has worked an
overtime shift of at least eight hours in the last fourteen days. If no volunteers are
available from the list, the Watch Commander may then move up to the next least
senior officer on that shift for mandatory overtime.
C. If no officer is signed up on the overtime list, management may send a
notification to all qualified personnel regarding needed overtime which will be
assigned to the first officer responding to the notification.
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ARTICLE 121
OVERTIME - NON-SWORN
121.1 DEFINITION
Overtime is defined as all hours worked in excess of 80 hours worked in a pay period.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours
worked when computing overtime.
121.2 ELIGIBILITY
All non-sworn employees covered by this Agreement shall be eligible for overtime pay.
121.3 COMPENSATION
Overtime shall, at the employee’s option, be compensated in cash at time and one half the
employee's regular rate of pay or in time off compensated at time and one half.
Maximum accrual of compensatory time shall be 240 hours for all non-sworn
classifications.
121.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
121.5 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated
emergency call-backs (criminal investigations, emergency evacuations, natural disasters,
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
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121.6 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to appear,
s/he shall be eligible for the minimum payment in this Section.
121.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
121.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one-half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
Lunch - $15.00
Commuter Lunch - $8.00
Dinner - $25.00
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Mileage at the prescribed IRS mileage reimbursement rate.
121.9 OVERTIME ASSIGNMENT
A. The Department, prior to each shift rotation, will post an overtime interest list.
Planned overtime will be called from this last in order of seniority. Employees
may add and/or delete their names from this list at any time.
11.10 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms, shall be
guaranteed three hours at time and one-half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice handgun ammunition each month upon request. Employees may only
receive the current month’s handgun allocation.
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ARTICLE 132
WORK OUT-OF-GRADE
Employees temporarily assigned to work in a higher classification shall receive one step (5.26%)
additional pay but in no case more than the top step for the higher classification under the
following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive work
hours, in which case the step increase becomes effective on the first workday.
B. The person being temporarily replaced is on extended sick or disability leave or
the position is vacant and an examination is pending.
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ARTICLE 143
STANDBY - SWORN AND NON-SWORN
143.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the department to:
1) be ready to respond immediately to a call for service; 2) be readily available at all
hours by telephone or other agreed upon communication equipment; and 3) refrain from
activities which might impair his/her assigned duties upon call.
The parties agree that employees on standby, as defined above, are "waiting to be
engaged." The parties further agree there is no intent to waive any individual rights
under FLSA. When an employee is engaged on the phone in excess of ten minutes to
discuss department business such time will be considered time worked.
143.2 COMPENSATION
Hourly Standby
A. Personnel placed on standby shall be compensated one-hour's pay for each five
hours standby.
B. Such employees shall be paid a minimum of three hours straight time when on
standby. Each calendar day starts a new standby period.
Investigator/Bomb Technician Weekly Standby
A. Investigators/Bomb Technicians placed on standby shall be compensated $30 per
day Monday through Friday, and $35 per day for other days of standby and
holidays.
B. Standby shall be rotated among the assigned investigators. Normally, the standby
assignment shall be for a period of one week.
C. Effective the first payroll in the month following adoption of this agreement by
City Council, Investigators/Bomb Technicians placed on standby shall be
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compensated $45 per day Monday through Friday, and $65 per day for weekends
and holidays.
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ARTICLE 154
EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for sworn and non-sworn
personnel for the term of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year after
employment with the City of San Luis Obispo, but credit will be given for approved
education obtained prior to that time. The basic benefit will consist of an adjustment
equal to one-half step above the base salary for possession of an Intermediate POST
certificate, A.A. or equivalent degree from an accredited community or junior college, or
60 or more semester units, or a City-approved equivalent; an adjustment equal to one full
step for an Advanced POST certificate, B.A. or equivalent degree from an accredited
college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job related fields or include
at least 30 semester, or City-approved equivalent, units of job related coursework in the
case of an A.A. degree and at least 60 semester, or City-approved equivalent, units in the
case of a B.A. Should an employee qualify for the one-half step basic benefit by having
completed 60 or more semester units or City-approved equivalent, at least 30 of those
units must be in job related coursework. All qualifying coursework must be graded at
"C" or Pass or better. It is understood that general education courses required for a
degree are compensable under this section.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by
the employee to the Chief of Police at least 30 days before the date the payment of the
incentive pay is to be effective. Approval of the Chief of Po lice and the Director of
Human Resources shall be required.
D. UNSATISFACTORY PERFORMANCE. To be eligible for compensation under this
program, an employee must receive and maintain at least a “Meets Performance
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Standards” rating on their annual evaluation. The Chief of Police, with the concurrence
of the City Manager, may suspend payment of the incentive pay or the top stepStep 97 of
the salary range, but not both, until such time as the employee's performance comes up to
the standard level, in the opinion of the Chief of Police and in concurrence of the City
Manager.
E. NON-APPLICABILITY. Educational incentives shall generally not be paid for
education on City time. However, if the City sends an employee for training on City time
and college-level credits are earned during that training, those credits shall count toward
education incentive. The education incentive will be removed if the employee is
promoted to a position that does not entitle employees to such incentives.
F. ADDITIONAL PROVISIONS.
1. The basic benefit for non-sworn employees hired prior to January 1, 2008, shall be a
five percent step increase for a period of one fiscal year if during the previous fiscal
year the employee has successfully completed —i.e., grades of "C" or better in all
courses — a minimum of nine semester units of college level classroom work, or
City-approved equivalent, approved by the Chief of Police, provided that this benefit
shall be payable only for classroom work done after completion of the probationary
period.
2. The maximum benefit under this article is the equivalent to the one-step increase for
possession of one B.A. or equivalent degree (5.26%).
3. Sworn and non-sworn employees are eligible to participate in the Tuition
Reimbursement program as set forth in City Policy.
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ARTICLE 165
UNIFORM ALLOWANCE
165.1 Each employee required to wear a uniform is expected to purchase and maintain in good
repair all required uniform pieces.
165.2 Effective June 2016, sworn employees shall receive $1,000 per year uniform allowance,
with $500 issued to the employee with the first payroll period in June and $500 issued to
the employee with the first payroll period in December.
Effective June 2016, Nnon-sworn employees shall receive $500 per year uniform
allowance, with $250 issued to the employee with the first payroll period in June and
$250 issued to the employee with the first payroll period in December. The uniform
allowance shall be $1,000 per year, with $500 issued to the employee with the first
payroll period in June and $500 issued to the employee with the first payroll period in
December. Effective January 2013 following the uniform allowance payment that will
occur the first payroll period in December 2012, the $1,000 per unit member uniform
allowance provision in its entirety shall be eliminated. New employees hired prior to
December 1, 2012 will receive a prorated amount.
165.3 Effective January 1, 2013, all represented employees shall no longer be eligible for
uniform allowance without regard to duty status interruption if in paid status, including
4850 Pay. For “Classic Members” as defined by CalPERS, uniform allowance shall be
reported to CalPERS as special compensation. Uniform allowance will not be pro-rated
upon separation from employment.
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ARTICLE 176
HEALTH CARE INSURANCE
176.1 CONTRIBUTION
The City shall contribute the monthly amounts as set forth below for Cafeteria Plan
benefits for each regular, full time employee covered by this agreement. Less than full-
time employees shall receive a prorated share of the City's contribution.
Employee Only $559.00533.00
Employees Plus One $1,015.00968.00
Family $1,339.001,277.00
The Cafeteria Plan amount is inclusive of mandatory dental, vision, and life coverage.
Effective the first payroll in the month following adoption of this agreement by City
Council, the City will contribute the monthly amounts as set forth below for Cafeteria
Plan benefits:
Opt Out $ 559.00
Employee Only $ 587.00
Employee Plus One $1,066.00
Family $1,406.00
Effective December 2016 2014 (for the January 20172015 premium) and December 2017
(for the January 2018 premium) for employees participating in the PERS Health Benefit
Program, the City’s total Cafeteria Plan contribution shall be increasedmodified by an
amount equal to one-half of the average percentage change for family coverage in the PERS
health plans available in San Luis Obispo County. For example: if three plans were
available and the year-to-year changes were +10%, +15%, and +20% respectively, the
City’s contribution would be increased by 7.5% (10% + 15% + 20% ÷ 3 = 15% x 1/2).
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Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall receive a contribution as
described in Section 16.2.B below.
176.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program (Public
Employees’ Medical and Hospital Care Act [PEMHCA]) with the "unequal
contribution option" at the PERS minimum contribution rates, currently
$125.00112.00 per month for active employees and $106.40 for retirees as of
January 1, 2012. The City's contribution toward retirees shall be increased by 5%
per year of the City's contribution for the active employees multiplied by the
number of years the City has been in the PEMHCA program until such time as the
contributions for employees and retirees are equal. The City's contribution will
come out of that amount the City currently contributes to employees as part of the
Cafeteria Plan. The cost of the City's participation in PERS will not require the
City to expend additional funds toward health insurance beyond what is already
provided. In summary, this cost and any increases will be borne by the
employees.
B. Health Insurance Coverage Optional Participation
Effective December 2012 (for the January 2013 premium) eEmployees with proof
of medical insurance elsewhere are not required to participate in the PERS Health
Benefit Program and may receive the unused portion of the City's Cafeteria Plan
employee only opt out contribution per month (after dental, vision, and life
insurance is deducted) in cash in accordance with the City's Cafeteria Plan.
C. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at
the employee only rate. Should they elect to cover dependents in th e City's dental
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and vision plans, they may do so, even if they do not have dependent coverage
under PERS.
D. Long Term Disability Insurance (LTD)
Sworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for premium payments. Non-sworn employees
continue to be covered under the City’s Long Term Disability Insurance Program.
E. Life Insurance
Employees shall pay for life insurance coverage of Thirty-five Thousand Dollars
($35,000) through the cafeteria plan.
176.3 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's flexible benefits plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
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B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of meet
and confer requirements between the City and the Association, including
Resolution 6620.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and confer
in good faith.
4. In performing its duties, the Medical Plan Review Committee may consult
independent outside experts. The City shall pay any fees incurred for this
consultation, provided that the City has approved the consultation and fees
in advance.
176.4 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of health, dental and vision benefits
for one (1) year for the surviving family of an active employee who dies as a result of a
job-related illness or injury.
176.5 FITNESS PROGRAM
To the extent the Association wishes to discuss implementation of a Fitness Program with
the City during the term of this agreement, the Association will provide the City with a
written proposal setting forth the specifics of the Fitness Program. Upon receipt of the
Association’s request the City will meet with the Association representatives to discuss
the terms and conditions of the proposed Fitness Program.
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ARTICLE 187
RETIREMENT
187.1 A. “Classic Members First Tier” employees hired before December 6, 2012
The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at age
50 plan to all sworn personnel and 2.7% at age 55 for all non-sworn personnel hired
before December 6, 2012. The 3% at age 50 plan includes the following amendments,
namely, Post Retirement Survivor Allowance, the 4th level 1959 Survivor's Benefit,
military service credit, one-year final compensation, conversion of unused sick leave
credit to additional retirement credit, and Pre-Retirement Optional Settlement 2 Death
Benefit. The 2.7% at age 55 plan has the following amendments, the 4th level 1959
Survivor's Benefit, one year final compensation, military service credit, conversion of
unused sick leave credit to additional retirement credit, and Pre-Retirement Optional
Settlement 2 Death Benefit.
B. “Classic Members Second Tier” employees hired on or after December 6, 2012
Effective December 6, 2012, or as soon as administratively possible subject to CalPERS
regulations and State Law, the City agrees to provide the Public Employee’s Retirement
System’s, 2% at age @ 50 Full Formula for Local Safety Members using the average of
the three highest years as final compensation and 2% at age 60 for all non-sworn
personnel using the average of the three highest years as final compensation for all new
hired sworn personnel. The 2% at age@ 50 plan includes the following amendments,
namely, Post Retirement Survivor Allowance, the 4th level 1959 Survivors’ Benefit,
military service credit, conversion of unused sick leave credit to additional retirement
credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
C. “New Members Third Tier”
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For all employees who PERS determines are “new members” within the meaning of the
California Public Employees’ Pension Reform Act (PEPRA), the City will provide the
PERS 2.7% at age 57 (PERS Safety Option Plan Two) retirement plan for sworn
personnel and 2% at age 62 retirement plan for non-sworn personnel, using the highest
three year average as final compensation.
Effective on their date of hire, new members will pay 50% of the total normal cost of the
member contribution, as determined by PERS.
The employee pays to PERS their contribution as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis. Effective
December 6, 2012, or as soon as administratively possible subject to CalPERS
regulations and State Law, the City agrees to provide the Public Employees’ Retirement
System’s, 2.0% @ 60 Full Formula for Local Miscellaneous Members with the average
of three (3) years compensation for all new hired non-sworn employees’ including the
amendments permitting conversion of unused sick leave to additional retirement credit,
the 1959 survivor’s benefit (4th level), the Military Service Credit option, and the Pre-
Retirement Option 2 Death Benefit.
187.2 A. Effective January 1, 2000, the City discontinued paying the “classic member”
sworn employees’ share of the PERS Contribution (9%) and the “classic member” non-
sworn employees’ share of the PERS Contribution (8%). The 9% and the 8% were added
to the employees’ base salaries and reported as compensation to PERS. The “classic
member” employee pays to PERS their contribution; as allowed under Internal Revenue
Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
B. Effective the first full pay period January 2014, and in accordance to the provisions of
AB 340 § 7522.30 and §20516, all “classic member” sworn employees shall contribute
3.0% of salary directed to the employers’ normal pension cost in addition to the
employee paying the “classic member” employees’ 9% of salary as described in
paragraph A above; as allowed under the Internal Revenue Code § 414 (h) (2) the
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contribution is made on a pre-tax basis. All “classic member” sworn employees total
pension contributions shall be capped at 12.0% of salary.
C. Effective the first full pay period January 2014, and in accordance to the provisions of
AB 340 § 7522.30 and § 20516, all “classic member” non-sworn employees shall
contribute 3.0% of salary directed to the employers’ normal pension cost in addition to
the employee paying the employees’ 8% of salary as described in paragraph A above; as
allowed under the Internal Revenue Code § 414 (h) (2) the contribution is made on a pre-
tax basis. All “classic member” non-sworn employees total pension contributions shall be
capped at 11.0% of salary.
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ARTICLE 198
SENIORITY
198.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications
Technician, Field Service Technician, Evidence Technician, Police Records Clerk, etc.)
will prevail as the standard. All days off, vacation, holidays, and shift selections will be
determined by overall seniority in a specific job classification, in compliance with
department policy. The department will continue to designate the shifts to be available;
including the days off and shifts starting and stopping times. Employees will choose
from those shifts designated by the department as available.
198.2 Seniority as it applies to special assignments for the officers will also fall under this
standard regardless of seniority in the special assignment. This shall include all current
incumbents in specialty assignments as outlined in Article 8.
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ARTICLE 2019
HOLIDAYS
2019.1 For all employees, holiday leave shall be accrued as earned each payroll period at a rate
of eight hours per month. The following thirteen days of each year are designated
holidays for non-shift employees as defined in Appendix A:
January 1 – New Year's Day
Third Monday in January – Martin Luther King's Birthday
Third Monday in February – Presidents’ Day
Last Monday in May – Memorial Day
July 4 – Independence Day
First Monday in September – Labor Day
September 9 – California Admission Day
Second Monday in October – Columbus Day
November 11– Veteran's Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving Day
December 25 – Christmas
One-half day before Christmas
One-half day before New Year's
2019.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. W hen a
holiday falls on a Sunday, the following Monday shall be observed. The Police Chief or
designee may make the final determination as to whether the Holiday must be worked.
2019.3Effective May 2016 the City will transition Nnon-shift employees (As defined in
Appendix A) shall be givento receive the equivalent of 104 hours of holiday leave
effectivein the first pay period in January of each year. Non-shift employees’ remaining
holiday leave, not to exceed 52 hours, as of the last pay period in December will be paid
to the employee at the straight time rate. Holiday leave hours shall be pro -rated when an
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employee is appointed or leaves employment during the calendar year. The employee’s
final check will be adjusted to reflect the pro-rated hours. Except with the prior approval
of the Chief, non-shift personnel shall take the holidays as scheduled above.
2019.4 Each Shift employee shall earn 4.33 hours of holiday leave semi-monthly, in lieu of
fixed holidays. Such employees shall receive payment at straight time hourly rate for a
portion of their earned holiday leave (2.0 hours) each bi-weekly payroll period.
2019.5 The remainder of the Shift employee’s annual holiday leave (52 hours) shall be advanced
to the employee effective the first payroll period in January of each year. Such holiday
leave may be taken off by the employee with the approval of the Police Chief or his
designee.
2019.6 Each calendar quarter, an Shift employee has the option of receiving payment for one-
fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken
off and payment of advanced holiday time may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate. If an employee terminates for any reason, having
taken off hours in excess of his/her prorated share, the value of the overage will be
deducted from the employee’s final paycheck.
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ARTICLE 210
VACATION
210.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per year
of continuous service since the benefit date for the first five years, 120 hours per year
upon completion of five years, 144 hours per year upon completion of 10 years, and 160
hours upon completion of 20 years.
210.2 All employees may accrue a maximum of vacation time not to exceed twice their annual
rate.
210.3 Vacation Sellback
All employees in this unit are eligible, once annually in December, to request payment
for up to 80 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory. Payment for unused vacation
leave is subject to the availability of budgeted funds.
210.4 Patrol Vacation Assignment
Prior to November 1st, theThe master vacation schedule shall provide that two officers
per watch shall be allowed to sign up for priority vacation for the following year..
Officers shall only be required to sign up for regular workdays.
Two additional officers (a total of four) shall be allowed to sign up on the master vacation
schedule. The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate up to a maximum total of two officers per day per shift of
vacation leaveaccrued leave. Accrued leave includes compensatory time, vacation leave
and/or holiday leave.
Subject to the limitations above, after the posting of shifts/days off for each shift rotation,
employees shall be allowed to request, by seniority, for additional available vacation days
one month (28 days or 2 pay periods) prior to the start of the rotation.
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Subject to unforeseen events, employees may be allowed to sign up for additional
available vacation days. The department shall make every effort to grant such requests
subject to operational needs and such requests shall not be unreasonably denied.
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ARTICLE 221
SICK LEAVE
221.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
221.2 Upon termination of employment by death or retirement, a percentage of the dollar value
of the employee's accumulated sick leave will be paid to the employee, or the designated
beneficiary or beneficiaries, according to the following schedule:
A. Death – 50%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment – 20%
2. After twenty-five years of continuous employment – 25%
3. After thirty years of continuous employment – 30%
C. Job related disability retirement and actual commencement of PERS benefits –
75% with maximum of 1,000 hours payoff.
D. Sick leave cannot be used to postpone the effective date of an industrial disability
retirement. This provision is intended to reiterate past practice and to exercise the
employer’s rights under Government Code, Section 21163.
E. Employee use of sick leave shall be deemed confidential and not subject to
reporting in monthly or annual personnel evaluations without proof of abuse.
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ARTICLE 232
FAMILY LEAVE
232.1 An employee may take up to 48 hours of sick leave per year if required to be away from
the job to personally care for a member of his/her immediate family.
232.2 An employee may take up to 48 hours of sick leave per year if the family member is a
part of the employee's household. “Family member” means any of the followingis defined as:
(1) A child, which for purposes of this article means a biological, adopted, or foster child,
stepchild, legal ward, or a child to whom the employee stands in loco parentis. This
definition of a child is applicable regardless of age or dependency status.
(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee
or the employee’s spouse or registered domestic partner, or a person who stood in loco
parentis when the employee was a minor child.
(3) A spouse.
(4) A registered domestic partner.
(5) A grandparent.
(6) A grandchild.
(7) A sibling, step-brother, or step-sister.
(8) Any other relative living in the same household.
(89) Or any other relative as defined by Labor Code 233 and/or Assembly Bill 1522.
.
22.3 If the family member is a child, a parent spouse or domestic partner, an An employee
may use up to forty-eight (48) hours annually to tend to the illness of a family
memberchild, parent, spouse or domestic partner, instead of the annual maximums set
forth in paragraphs 22.1 and 22.2 in accordance with Labor Code Section 233 and/or
Assembly Bill 1522.
232.34 An employee may take up to 56 hours of sick leave per year if the family member is part
of the employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
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232.45 The amounts shown above are annual maximums, not maximums per qualifying family
member. A member of the employee's immediate family shall mean spouse, domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, grandchild or any other relative living in the same household.
232.56 In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1,2580 hours in the last year may be eligible for up to 12 weeks
of Family/Medical Leave within any 12 month period. Family/Medical leave can be used
for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. To care for the employee’s spouse, son, daughter, parent, or registered domestic
partner who has a serious health condition. A seriously ill child, spouse or parent
who requires hospitalization or continuing treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition, which makes the employee unable to perform the
functions of his or her position.
E. To assist a spouse, son, daughter, or parent who is a member of the Armed
Forces, including the National Guard or Reserves with a “qualifying exigency”
related to covered active duty or a call to active duty status.
F. To care for a son or daughter, spouse, parent or “next of kin” covered service
member with a serious injury or illness.
This leave shall be in addition to leave available to employees under the existing four-
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time off and holiday leave and, if appropriate, sick leave prior to receiving
unpaid Family/Medical Leave.
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232.67 Employees on Family/Medical Leave will continue to receive the City's contribution
towards the cost of health insurance premiums. However, employees who receive cash
back under the City's flexible benefit Plan will not receive that cash during the
Family/Medical Leave. The City will pay only City group health insurance premiums.
232.78 If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leave are available through the City's "Guide
to Family/Medical Leave Program".
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ARTICLE 243
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used for absence from duty due to the death of a
member of the employee's immediate family, meaning spouse, child, brother, sister, parent,
parent-in-law, step-parent, step-brother, step-sister, grandparent, grandchild, or any other relative
living in the same household, provided such leave as defined in this Article shall not exceed 40
hours for each incident. The employee may be required to submit proof of relative's death before
being granted sick leave pay. False information given concerning the death of or relationship
shall be cause for discharge.
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ARTICLE 254
CATASTROPHIC LEAVE
254.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be transferred from one or more
employees (donors) to another employee (recipient). The recipient may participate in the
program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirmed by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 2324, has
sustained a life threatening or debilitating illness, injury or condition (The Chief
may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to
a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days and
have applied for a leave of absence without pay for medical reasons. This
condition does not apply when the illness or injury involves a member of the
recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
254.2 Transferring Time
The following rules apply when donations of time occur:
A. Vacation, compensatory time off, and holiday leave may be transferred by regular
employees.
B. The time will be converted from the type of leave given (i.e. vacation, holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited to
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the recipient's leave time balance on an hour-for-hour basis and shall be paid at
the rate of pay of the receiving employee.
C. The donations must be a minimum of four hours and, thereafter, in whole hour
increments.
D. The total leave credits received by the employee shall normally not exceed three
months; however, if approved by the Chief, the total leave credits received may
be up to a maximum of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to the
limits of this policy (see D. above), even though such use exceeds the limits for
family care leave found in Article 232.
F. Donations approved shall be made on a Donation of Time Credits form signed by
the donating employee. These donations are irrevocable under any conditions.
254.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he/she may appeal
this initial decision jointly to the Director of Human Resources and the City Manager.
Article 321–Grievance Procedure shall be used for final resolution.
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ARTICLE 265
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State
Workers' Compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his/her base salary and the amount provided by
Workers' Compensation law during the first 90 business days of such disability absence.
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ARTICLE 276
JURY DUTY AND MILITARY LEAVES
276.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the court
by an amount equal to the difference between the pay he/she received as a juror and
his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee sh all be spent
performing the employee’s regular job assignments unless the department head, upon
approval of the Director of Human Resources, determines this not to be practical.
Non-sworn employees assigned to night shift and assigned tocalled to serve on a jury or
subpoenaed to appear as a witness at any trial, duty may request the supervisor to flex
her/his schedule within the work period to accommodate the required jury duty. In the
event the supervisor is unable to flex the work schedule and the employee is required to
report to jury duty on the same day s/he is scheduled to work, s/he will report the number
of hours spent on jury duty to the supervisor and will be allowed to begin her/his shift an
equal number of hours later. In thethis case, the employee will be compensated for the
time required to be spent under the jurisdiction of the court by an amount equal to the
difference between the pay s/he received as juror/witness and her/his regular daily rate
received from the City.
276.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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ARTICLE 287
GENERAL PROVISIONS
287.1 Payday
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working conditions and
is subject to adjustment for cause beyond the City's control.
287.2 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review of
compensation shall be:
Gilroy
Monterey
Napa
Petaluma
Pleasanton
Salinas
Santa Barbara
Santa Cruz
Santa Maria
Parties agree that this survey shall be based on total compensation and shall only be one
of the considerations used to determine compensation.
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ARTICLE 298
RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a one and one-half (1 ½) hour driving radius from
the San Luis Obispo Police Department.
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ARTICLE 3029
PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
1. Job Announcement. When the Police Department notifies the Department of Human
Resources of a Sergeant position vacancy, the Department of Human Resources will
publish a job announcement. The job announcement will identify the selection
procedure, which includes the application process, test components with their weights
expressed as a percentage of the total score, and tentative dates of the testing schedule.
Whenever available, the City will identify study materials at least 60 days in advance of a
test.
2. Application Process. A completed City application must be received in the Department
of Human Resources by the filing deadline. The filing deadline will be at least 30 days
from the date the job announcement is released by the Department of Human Resources.
3. Testing Components.
A. Written Test: The written test will count as 3020% of the final score.
1. A standardized written test with performance category questions to
include department policies and procedure, state law, applicable case law
and basic supervisory techniques. A standardized Police Sergeants
multiple-choice test as provided by a testing service, such as Cooperative
Personnel Services (CPS) or International Personnel Management
Association (IPMA). If available, the City will provide a list of suggested
study materials. The written test will be prepared by an outside third party
that specializes in preparing such type exams.
2. A score of 70% or better on the written test will enable a candidate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
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3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
4. The Chief or his/her designee will review the test before it is given to
ensure that the exam contains material relevant to a supervisory position in
San Luis Obispo.
B. Assessment Center will count as 7060% of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of these
exercises will be a traditional oral board interview. Other exercises may
include a situational role-playing, oral resume, simulation exercises; and a
supplemental questionnaire to assess written communication, critical
thinking, problem solving and leadership skills, or other testing
instruments as determined by the Human Resource Director in
consultation with the Police Chief. The Human Resources Director shall
determine the weight of each Assessment Center activity. In no case shall
the oral interview count less than 7060% of the total Assessment Center
score.
2. The evaluators will be members of the law enforcement community.
Selection of the evaluators will be made by the Human Resources Director
in consultation with the Chief of Police. The Human Resources Director
or his/her designee from the HR Department will be responsible for
instructing the raters on how to conduct interviews and the scope of the
interviews. The panel of evaluators will consist of the following: at least
three external members consisting of two (2) law enforcement members
and one (1) non-law enforcement and as many cCity employed
evaluatorsemployees as deemed appropriate by the Director of Human
Resources in consultation with the Chief of Police.
3. A Police Department observer as appointed by the Chief of Police and an
Association observer as appointed by the Association may monitor the
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Assessment Center. The Association observer must be a neutral, non-unit
member not a part of, nor directly impacted by the testing process. Both
observers shall be subject to approval by the Human Resources Director.
The Chief of Police or his/her designee will provide the evaluators and
observers with information about the qualifications desired for the position
being tested.
4. At the conclusion of the testing process, each candidate will be asked to
complete an anonymous evaluation of the testing procedure. This will be
used to make improvements on the process. The evaluation will not be
used in determining the final outcome of the testing process.
CHIEF OF POLICE REVIEW:
1.Staff Evaluation will count as 20% of the total score. In addition to this review, Sworn
SLOPD Staff members will be required to complete a Staff evaluation form for each
candidate. Staff evaluation form will consist of five categories for each candidate. The
categories will be created by the Police Chief (or designated representative) in
consultation with the Director of Human Resources.
There will be four possible scores for each category on the evaluation form. The
last section of the evaluation form will allow for comments on the following two topics:
“Candidates Strengths” “Candidates Weakness(es)”. Staff evaluation forms are not
weighted and are advisory to the Chief of Police.
Subject to the approval of the Police Chief, if supervisor feels s/he is unable to
conduct an impartial evaluation due to unfamiliarity with a given applicant, s/he may opt
not to evaluate the candidate but will be required to document the lack of familiarity on
the evaluation form.
2. Sworn personnel of the same or lessor rank will have the opportunity to
participate in the evaluation process on a voluntary basis. Peer evaluation forms will be
the same format as the Staff evaluation forms. The preparer of the peer evaluation form
will be anonymous. Peer evaluation forms are not weighted and are advisory to the
Police Chief.
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3. The Police Chief will meet with all department supervisors who are capable of
attending the monthly staff meeting to discuss candidates. All supervisors in attendance
will be allowed to provide input about each candidate.
4. Thethe Chief shall review the candidate’s personnel files, the completed Staff
evaluation forms, Peer evaluations forms and take into consideration comments provided
at the Staff meeting prior to making an appointment. The staff evaluation will not be
provided to the oral panel.
Past and present day performance is a significant factor, which should be considered
when determining a candidate’s promotability.
Each candidate who passes the written test will be evaluated by all sworn members of the
Department with the rank of sergeant or lieutenant, excluding the Captain s and the Chief
of Police.
Subject to the approval of the Police Chief, if a supervisor feels he or she is unable to
conduct an impartial evaluation due to unfamiliarity with a given applicant, he or she
may opt not to evaluate the candidate but will be required to document the lack of
familiarity on the evaluation form.
Staff evaluators will be able to review the three (3) most current performance evaluations
and documentation from the last 24 months of counseling sessions.
Staff evaluations are to be in writing on a form developed by the Director of Human
Resources and signed by the evaluator.
Each applicant’s evaluation forms shall be available for review by the applicant. The
applicant shall not have access to the other applicants’ evaluation forms.
Final scores will be tabulated by the Department of Human Resources. Prior to the score
tabulation, applicants will have the opportunity to request in writing that the Department
of Human Resources correct any factual errors contained in the applicant’s staff
evaluation.
1. Peer evaluation is not compulsory, is only advisory to the Chief of Police
and does not count toward the final score.
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2. Peer evaluation is limited to those candidates who pass the Assessment
Center.
3. All regular Department employees below the rank of Sergeant may
complete a peer evaluation on a form developed by the Director of Human
Resources.
4. Participants must verify their eligibility to participate in the peer review
process.
5. The results of the peer evaluation will be tabulated by the Department of
Human Resources. All forms will be anonymously forwarded to the Chief
of Police.
6. The tabulated results of the peer evaluation for each individual candidate shall be
released to the individual candidate upon request of the Human Resources Director after
the eligibility list has been certified.
4. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources
shall tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given his/her score in writing. Candidates who are ranked 1 through
3 (plus one for each additional vacancy if there is more than one vacant position)
will be considered equally qualified for promotion and eligible for appointment
by the Police Chief.
C. Final selection by the Police Chief will be in accordance with the City’s Personnel
Rules and Regulations. following a discussion of the staff evaluations at the
Chief’s regularly scheduled staff meeting with sworn and non-sworn managers
and a The Police Chief will conduct a final selection interview with the top three
candidates (plus one for each additional vacancy over one).
D. The eligibility list shall be valid for one year unless extended, in accordance with
the City’s Personnel Rules and Regulations. The timing of establishing a new
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eligibility list will be subject to the department’s goal of maintaining a current
eligibility list at all times in order to fill projected vacancies.
E. Announcements for promotional opportunities for members of the Association
will list testing and scoring processes that will be followed. Once defined, testing
and scoring processes will not be modified.
If any of the top three candidates is not selected during the selection process, that
person will be given a written reason by the Police Chief as to why he/she was not
selected. The City agrees to an opener to discuss the promotional process if the
Police Chief goes below the top three (3) candidates in making his/her selection
on promotional exams two (2) or more times during the term of this contract.
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ARTICLE 310
PERFORMANCE EVALUATIONS
31.1All regular full-time employees shall receive an annual written performance evaluation from
their supervisor within thirty (30) days of the employee’s anniversary date absent exceptional
circumstances. All regular full-time employees shall also receive rotational bi-monthly written
performance feedback from their supervisor.
31.2For purposes of uniformity in the performance evaluation process, the following definitions
are provided:
1. UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the position.
Performance indicates serious lack of knowledge of basic skills or lack of application of
skills. Requires immediate attention and improvement.
2. IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the position.
Performance indicates some deficiency in basic skill, knowledge or application. Specific
efforts to improve desired.
3. MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected standards.
Performance indicates fully acceptable demonstration of knowledge and skills.
4. EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position. Performance indicates superior
knowledge and application of skills.
Formatted: Indent: Left: 0"
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5. OUTSTANDING
Exceptional performance. Application of knowledge, skills and results are consistently
well beyond the expected standard for position.
31.3All regular full-time employees shall receive their annual step increase on the employee’s
anniversary date regardless of whether the evaluation process has been completed, absent
exceptional circumstances.
31.4Employees shall have the right to review their personnel file or authorize, in writing, review
by their representative. No adverse material will be placed in an employee’s personnel file
without prior notice and a copy given to the employee. An employee shall have 30 days within
which to file a written response to any evaluation and/or adverse comment entered in his/her
personnel file. Such written response shall be attached to, and shall accompany, the adverse
comment.
Formatted: Indent: Left: 0"
Formatted: Indent: Left: 0"
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ARTICLE 321
GRIEVANCE PROCEDURE
321.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of the
Employer-Employee Resolution, the Personnel Rules and Regulations, this MOA or any
existing written policy or procedure relating to wages, hours or other terms and
conditions of employment excluding disciplinary matters. A grievance filed by an
individual employee should be clearly identified as a formal grievance. This will be
accomplished through the use of a formal grievance form (See Appendix B).
321.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should be filed
only after the employee has attempted to resolve the disagreement with his/her immediate
supervisor. As a courtesy, the employee should advise his/her supervisor of any intention
to file a formal grievance. This action must take place within 15 business days of the
occurrence of the grievance. Employees may be accompanied by a representative at each
step of the process. If a specific action to be grieved affects several employees, those
employees may consolidate their grievances and be represented.
321.3 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
should discuss the grievance with the supervisor’s immediate superior. If the matter
can be resolved at that level to the satisfaction of the employee, the grievance shall be
considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in writing to
the Chief for consideration, stating the facts on which it was based, including the
provision of the rules, regulations, agreement, or written policy said to be violated,
and the proposed remedy. This action must take place within fifteen business days of
the occurrence of the grievance.
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321.4 After consideration of a formal grievance, which could include consultation and/or
further discussion, the Chief, within 15 business days of the filing of the formal
grievance, will provide a written response to the employee representatives advising of
his/her decision. If the employee accepts the Chief’s decision, the grievance shall be
considered terminated.
321.5 If the employee is dissatisfied with the Chief’s decision, the employee may immediately
submit the grievance in writing to the Human Resources Director within five business
days of receiving the Chief’s decision. The Human Resources Director shall confer with
the employee and the Chief and any other interested parties, and shall conduct such other
investigations as may be advisable.
321.6 The results or findings of such conferences and investigations shall be submitted to the
City Manager in writing within fifteen business days of receiving the employee’s written
request. The City Manager will meet with the employee if the employee so desires
before rendering a decision with respect to the complaint. The City Manager’s decision
shall be in writing and given to the employee within fifteen business days of receiving the
Human Resources Director’s results and findings. Such decision shall be final unless the
employee requests an appeal of the decision.
321.7 Hearing Officer – A grievance is appealable, following several preliminary steps, to a
Hearing Officer whose decision shall be final and binding:
A. The employee will have five business days following receipt of the City
Manager’s decision to submit a written request to the Human Resources Director
for review of the decision. The Human Resources Director will obtain a list of
five potential hearing officers from the State Mediation and Conciliation Service.
Then following a random determination of which party (City or appellant) begins,
parties shall alternately strike one name from the list until only one remains.
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B. Within thirty business days the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing officer
shall render a decision, which shall be final and binding.
C. Any dispute regarding the eligibility of an issue for the grievance process may be
appealed through the process ultimately to the Hearing Officer who shall decide
on the eligibility prior to ruling on the merits.
D. Any fees or expenses of the Hearing Officer shall be payable one-half by the City
and one-half by the appellant.
321.8 Provided that implementation processes are correctly followed, amending the Employer-
Employee Resolution or the Personnel Rules and Regulations or creating new or
amended written policies or procedures may not be grieved but shall first be subject to
notice and consultation or meeting and conferring with the Association as provided in
the Employer–Employee Relations Resolution, MOA Article 365 “Notice to the
Association”, and/or by State Law.
321.9 Disciplinary matters are excluded in Section 321.1. The rules governing disciplinary
matters for employees covered by this MOA are contained in Sections 2.36.320 through
2.36.350 of the Personnel Rules and Regulations of the City of San Luis Obispo.
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ARTICLE 332
LAYOFFS
332.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
Category 1:
Performance that is Unacceptable or Improvement Needed.
Performance defined by this category is evidenced by the employee's two most recent
performance evaluations with an overall rating that falls within the lowest two categories
of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance Standards, or is
Outstanding.
Performance defined by this category is evidenced by an employee's two most recent
performance evaluations with an overall rating that falls within the top three per formance
categories of the performance appraisal.
332.2 A regular employee being laid off shall be that employee with the least seniority in the
particular job classification concerned who is in the lowest job performance category.
Employees in Category I with the lowest seniority will be laid off first, followed by
employees in Category II. Should the two performance evaluations contain overall
ratings that are in the two different Categories as defined above, the third most recent
evaluation overall rating shall be used to determine which performance category the City
shall use in determining order of layoffs.
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332.3 The parties agree that employees who are laid off pursuant to this Article shall have
reemployment rights prior to the employment of individuals on an open or promotion list.
The employee to be rehired must, at the time of rehire, meet the minimum qualifications
as stated in the appropriate class specifications. Employees will be rehired on the basis of
last out, first in.
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ARTICLE 343
WORK ACTIONS
343.1 Participation by an employee in a strike or a concerted work stoppage is unlawful and
shall terminate the employment relation. Provided, however, that nothing herein shall be
so construed as to affect the right of any employee to abandon or to resign his
employment.
343.2 The Association shall not hinder, delay, interfere, or coerce employees of the City in their
peaceful performance of City services by strike, concerted work stoppage, cessation of
work, slow-down, sit-down, stay-away, or unlawful picketing.
343.3 In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions,
may by the action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the Association.
343.4 Employee members of the Association shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing and able to perform such duties in the customary manner and at a reasonable level
of efficiency.
343.5 Any decision made under the provisions of this Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based. Such
Notice of Appeal must be filed within 10 working days after the Association first
received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
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ARTICLE 354
COMMUNICATION PROCESS
354.1 Conferences
There will be meetings as needed between the Chief of Police and management
member(s) and at least two Association representatives to discuss problems or other
subjects of mutual interest. Minutes of the meeting will be maintained to reflect topics
discussed, actions to be taken, the party responsible for any action and the expected
completion date.
354.2 Quarterly Meetings
Two to four representatives of the Association, the City Manager (or designee), Chief of
Police (or designee), and management representative(s) designated by the City will meet
quarterly if there are issues of concern to the parties. No issues will be brought to this
quarterly meeting without first having been discussed with the Chief of Police at a
previous conference.
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ARTICLE 365
NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to meet
and confer with City representatives prior to making the change(s).
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ARTICLE 376
EQUIPMENT
A. The City agrees to provide each sworn employee of the Association a nylon basket weave
duty gun belt as their primary duty gun belt. Upon request, the City also agrees to
provide each sworn employee of the Association a smooth nylon utility belt and related
accessories. The smooth nylon utility belt will only be worn as directed by the Chief of
Police. The nylon basket weave duty gun belt and nylon smooth utility belt will become
the property of the employee and the employee agrees to maintain these pieces of
equipment.
The smooth nylon utility belt will consist of: belt, handcuff case, chemical spray ho lder,
baton holder (to fit the baton carried by the employee), magazine case (to fit the
magazines carried by the employee), holster (to fit the weapon carried by the employee),
radio holder (to fit the radio carried by the employee), and four belt keepers. Any other
accessories will be the responsibility of the employee.
B. All appropriate classifications shall be issued A-Level IIIA Ballistic Helmet with riot face
shield fixed.
C. All appropriate classification shall be issued a chemical protective breathing mask fitted
with belt mounted carrying bag. All protective masks shall be in compliance with
CalOSHA minimum standards including employee training.
D. Non-sworn employees not subject to assignments necessitating helmets/chemical masks
will not have them issued.
E. All appropriate classifications shall be issued a Stream Light model SL–20 or
technologically similar rechargeable flashlight with 12V/120V charging systems.
F. Each marked police unit assigned to unit members shall be equipped with:
1. A Patrol rifle fitted with a hands free assault sling and stock mounted weapon light.
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2. A 12-guage pump shotgun fitted with an extended magazine, hands -free assault sling
and stock-mounted weapon light; and
3. A 12-guage pump shotgun designated “less lethal” fitted with a hands -free assault
sling and stock-mounted weapon light.
Notwithstanding the above, the City retains the right to select the specific equipment
necessary to fulfill its obligation to provide necessary and appropriate safety equipment.
G. All department owned firearms are to be subject to annual inspection by a certified
department armorer or independent Gun Smith. The certified department armorer or
independent Gun Smith shall provide an inspection report for each firearm inspected.
Firearms with noted defects, wear and tear, or questionable serviceability shall be
replaced and not returned to service.
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ARTICLE 387
TEMPORARY MODIFIED DUTY
The City and the Association have met and conferred on a modified duty/return to work policy,
which is established by mutual agreement as Police Department Lexipol Policy #1052Operations
Directive L-02, dated May 12, 1999.
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ARTICLE 398
WORK SCHEDULES
38.1 39.1 Patrol 3/12 Work Plan
A. In an effort to improve scheduling, the Chief of Police implemented a 3/12 Work
Hour Plan.
B. The basic work pattern for sworn officers on patrol shall be three 12-hour days
each week, plus assigned pay back. Employees will normally be assigned to work
160 hours in a 28-day work cycle. In addition employees who attend shall be
compensated for briefing time.
C. If an employee does not work the full 160 hours in a 28-day work cycle, the City
shall deduct the unworked hours from an employee’s accrued holiday or vacation
balances, unless the unworked hours result for reasons of excused paid absence or
because the City did not assign a pay-back shift.
398.2 Shift Adjustment
Management and the POA reaffirm that scheduling is a management
responsibility. However in the matter of shift adjustment policies, it is agreed that
the following guidelines will be followed:
A. In any situation necessitating a shift adjustment, volunteers will first be
sought.
B. Shift adjustments will not be for more than two hours.
C. Shift adjustments for special units or assignments are not covered by this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander.
D. Whenever volunteers cannot be located, Officers assigned will be chosen
sequentially by seniority.
Formatted: Left, No bullets or numbering
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E. Generally, no more than two Officers per shift should be ordered to adjust
unless a specific event necessitates it.
F. At least 14 days notice will normally be given, but in no event will less than
seven days notice be given, for an ordered shift adjustment.
G. An Officer authorized to shift adjust will not suffer loss of briefing pay or
other normal benefit.
H. Officers will be given at least ten hours between shifts for ordered non-
emergency shift adjustments.
I. Shift adjustments will not be ordered to deal with court or shift continuation
unless it is necessary to insure the Officer has adequate rest. If court or
another assignment prevents an Officer from getting proper rest between
shifts, the Officer and the Watch Commander may arrange a shift adjustment
to meet this need. With approval, the Officer could opt to use adjusted court
time towards normal work hours instead of overtime, or to adjust shift start
time up to four hours. In cases where the Watch Commander determines an
adjustment is warranted but does not have sufficient manpower, s/he is
authorized to bring in a replacement (on O/T) for up to four hours.
J. Shift adjustments will not be limited by day or time except as articulated
above.
K. It is noted that either party may reopen these issues at the time of contract
renewal.
398.3 Communications Technician 3/12 Work Schedule
I. SHIFT ASSIGNMENTS:
A. Work shift assignments will consist of Day Watch and Day Watch relief, 0700
hours-1900 hours, Night Watch and Night Watch relief, 1900 hours-0700
hours (with the exception of shift adjustments as defined in Section VI).
B. The work schedule is defined as eighty (80) hours during a fourteen (14) day
schedule. The eighty hour work period shall consist of a total of six (6)
twelve (12) hour shifts with one eight (8) hour payback shift. A work week is
defined as three (3) twelve (12) hour shifts with one eight (8) hour payback
shift attached during the fourteen (14) day work schedule. Days off shall be in
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conjunction with the employee work week and not split unless there is consent
by the employee. Example: Week one, M, T, W, week two, M, T, W, TH (8
Hour Payback.)
C. Paybacks shall be scheduled for eight (8) hours during the employee’s normal
work hours in conjunction with workdays by seniority.
D. Every employee shall sign up for a relief shift before another employee is
assigned to work a second relief shift.
1. The day watch relief will be assigned to cover absences for
Communications Technicians on day watch and the night watch relief will
be assigned to cover absences for Communications Technicians on night
watch. Relief will only be assigned to cover the opposite shift by seniority
(e.g. day covers for night) when staffing vacancies exist or when
necessitated by special events or circumstances (e.g. Mardi Gras).
Permanent and temporary shift vacancies may be staffed by reassignment
of the relief shift with seven (7) days prior notice or by voluntary
agreement.
2. Relief will not be scheduled to work a shift in the middle of days off.
Example: Week one, M, T, W, off, F, off, off.
3. Relief will have at least two (2) days off in between work weeks.
Example: M, T, W, T, off, off, S, M, T.
4. Communications Technicians assigned to relief dispatch work schedules
shall be compensated for hardship duties by receiving five (5%) percent
additional salary while assigned.
II. SHIFT SIGN UP:
A. The Communications Manager will post the annual shift and leave sign up
schedule by September 15th each year for the following year. Communication
Technicians sign up for shift selection, selected days off, vacation,
compensatory time off (CTO) and holiday time.
B. Employees will sign up by seniority for their choice of shifts, payback hours,
and leave hours for each of the three annual rotations. Shift selection will be
by seniority, including relief shift.
C. Employees shall have three days (72 hrs) from the date of receipt of the
schedule to make their selection for work shifts, days off and annual vacation
accrual. Employees are entitled to sign up for the total of their annual accrual
of vacation time utilizing coding “V".
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1. Communications Technicians will sign-up for “V” days with the
expectation that the center is fully staffed and the relief from that watch is
available to cover. Communication Technicians may not sign up for
vacation time during the initial sign -up if it will incur overtime. First draft
vacation requests shall be approved with mandatory overtime in the event
of unit vacancies after the master schedule is completed.
D. Once all unit employees have had the opportunity to sign up for their
maximum accrual of vacation time, they shall be entitled to again sign up by
seniority for all accrued compensatory time off (CTO), holiday hours and
previously unselected leave time they will have accumulated by the date
requested. Compensatory time off shall be coded “CTO", holiday leave and
all other previously unselected leave time shall be coded “H".
1. Second draft CTO, holiday and previously unselected leave time may be
granted and overtime considered for unit vacancies. Overtime will be
posted to accommodate such leave requests. Should the overtime remain
unfilled, the requested leave time shall be cancelled.
2. In the event that scheduled CTO time is cancelled, the affected employee
shall be paid for the CTO hours scheduled, work the shift and be
compensated with overtime as defined in Section 11.3.
E. The Communications and Records Manager shall approve leave time by
seniority and post same on the electronic schedule by the start of each
rotation.
F. Employees generally will not be allowed to work more than two consecutive
shift assignments without rotation to an alternate shift. The Communications
and Records Manager may consider requests to work more than two
consecutive rotations for hardship and educational purposes. In no case will a
senior employee be adjusted from shift preference without their consent to
mitigate requested hardship or educational requests.
1. Any request for a change or deviation between employees (i.e. shift
rotation trade) must be submitted in memo form signed by both affected
employees within one week of posting the tentative schedule. Requests
will be forwarded through the chain-of-command for a final decision by
the Bureau Commander or designee. If approved, affected employees will
also trade seniority for selection of days off. For scheduling purposes, the
shift change will affect only the two employees involved. Affected
employees will receive credit for the shift they signed up for.
III. SHIFT REASSIGNMENT CREATED BY UNDER STAFFING:
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A. If an employee is reassigned to a long term vacancy and the absent employee
returns to duty, both employees shall return to their originally selected shift.
B. In the event of a staffing vacancy the reassigned employee who was
reassigned shall have the option of returning to their originally selected shift
or remaining for the duration of the designated shift once the vacancy is
filled.
C. In the event an employee is reassigned from a selected shift to a designated
shift, the employee may elect to receive work credit for either shift to meet
rotation requirements.
IV. SHIFT TRADE:
A. All requests for shift trades between employees shall be submitted utilizing
the Substitute Work Agreement form. Requests will be approved by a Bureau
Commander or designee.
V. LEAVE TIME CANCELLATION:
A. In the event an employee opts to cancel scheduled time off, they will by email
notify the Communication and Records Manager. The Communication and
Records Manager will by email, notify all unit members of the available
cancelled leave time. By seniority, employees junior to the employee
canceling leave time may request time off utilizing the cancelled dates. If the
cancelled time was priority signup, the department shall grant such time off
with the same consideration as originally scheduled as outlined in II. C., as
long as the employee has the vacation time and does not exceed their annual
allotment. If the cancelled leave time was secondary signup, the overtime
consideration articulated in II. D. shall be applied.
VI. SHIFT ADJUSTMENTS:
A. Shift adjustments on a regular scheduled day required to staff Communication
Technician vacancies or sick leave will not exceed four (4) hours without the
consent of the affected employee. When shift adjustments are required, there
shall be a minimum of ten (10) hours between shifts without loss of
compensation.
B In any situation necessitating a shift adjustment, volunteers will first be
sought. Whenever volunteers cannot be located, employees will be chosen
sequentially by seniority.
1. At least fourteen (14) days notice will be given on planned leave.
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2. An employee authorized to shift adjust will not suffer loss of briefing pay
or other normal benefit.
C. The Communication and Records Manager and/or Supervisors shall notify
employees via email of all changes made to their work schedule at the time
said change is made.
VII. MEAL AND REST PERIODS:
A. Meal periods shall consist of not less than thirty (30) minutes paid subject to
interruption, as staffing permits. Two fifteen (15) minute rest periods (breaks)
shall be provided, as staffing permits. Breaks may be taken using any
combination of the total time allowed. Meal and rest periods (breaks) are
subject to interruption and must be taken within the building.
39.4 Field Service Technicians assigned primarily to field duties will receive a 30-minute paid
lunch break as part of their regular shift as staffing and calls permit. They will remain subject to
call and interruption during their lunch period.
39.5Investigations – Division Work Schedule
A. Investigators may participate in a 4/10 work schedule in accordance with the
City’s alternate work schedule policy. The schedule will include a 30 minute
unpaid lunch as part of their regular shift as staffing and calls permit.
Investigators will remain subject to call and interruption during their lunch
period.. If investigators are called back to work during the lunch period, the time
will be considered time worked.
B. The Investigative Lieutenant will determine the work days and hours for those
employees who work the 4/10 schedule based on the coverage needs of the entire
unit. The schedule may include shifts beginning at 6:45 a.m. with attendance at
patrol briefings. Investigators who attend patrol or other daily briefings shall do
so as part of their regular shift hours.
38.6 39.6 Other division/assignments may be provided alternate work schedules under the
following language:
Formatted: Indent: Left: 0"
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Employees may request that the Department Head or his/her designee consider alternate
work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80
schedules, 12-hour schedules, flexible schedules, etc. Alternate schedules may provide
for paid or unpaid lunch periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of at least
thirty calendar days prior to having an alternate work schedule discontinued. Such notice
does not apply to moving between alternate schedules, temporary schedule changes,
flexible schedules, etc. If an alternate schedule is discontinued, the Department will
notify the Association of the reason(s) for ending the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the standard
eight (8) hour day. Accrued leave shall be charged based on the number of hours missed
due to a flexible schedule.
Flexible/alternate schedules implemented for non-sworn employee(s) may have a
different FLSA seven (7) day work cycle established. Once established, the FLSA work
schedule shall not be changed on a frequent or routine basis.
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ARTICLE 4039
SWAT
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who purchases personal
exercise equipment or who voluntarily joins a physical fitness gym for the cost of the
membership and monthly charges up to a maximum yearly rate of $375.00 per member. At the
City’s request each member requesting reimbursement may be required to provide proof of
purchase or of membership and active participation.
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ARTICLE 410
TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Operations Directive T-
12Department Policy, where the employee may be subject to investigation, shall be advised of
his/her right to representation.
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ARTICLE 421
NO DISCRIMINATION
42.1 There shall be no discrimination by the City of San Luis Obispo in employment
conditions or treatment of employees on the basis of race, color, religion, national origin,
sex, sexual orientation, age, marital status, physical or mental disability, association
membership or non-membership, or participation in the activities of the Association.
42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association
in treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, Association membership or
non-membership, or participation in the activities of the Association.
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ARTICLE 432
STAFFING
The current number of positions in the Police Department represented by the Association is
Forty-FiveThree (4543) Police Officers, ElevenTen (1110) Communication Technicians, One (1)
Police Field Service Technicians, Five (5) Police Records Clerks, One (1) Property and Evidence
Clerk, and One (1) Evidence Technician. If it becomes necessary for the City to exercise its
management right to change those staffing levels, the City acknowledges its responsibility to
meet and confer with the Association on the impacts of any such changes.
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ARTICLE 443
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Association. This Agreement supersedes all previous
Memoranda of Understanding or Memoranda of Agreement between the City and the
Association except as specifically referred to in this Agreement. The parties, for the term of this
Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect
to any practice, subject or matter not specifically referred to or covered in this Agreement even
though such practice, subject or matter may not have been within the knowledge of the parties at
the time this Agreement was negotiated and signed. In the event any new practice or subject
matter arises during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer upon request.
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ARTICLE 454
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not b e affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within a 30 day work period. If no agreement has
been reached, the parties agree to invoke the provision of impasse under Resolution 6620.
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ARTICLE 465
RENEGOTIATIONS
If either party wishes to make changes to this Agreement, that party shall serve upon the other its
written request to negotiate. Such notice and proposals must be submitted to the other party not
less than 105 days prior to the end of the Agreement. If notice is properly and timely given,
negotiations shall commence no later than 90 days prior to the end of the Agreement.
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ARTICLE 476
TERM OF AGREEMENT
This Agreement shall become effective January 1, 20162012, and shall continue in full force and
effect until expiration at midnight, June 30, 2018December 31, 2015.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown in
Appendix “A”.
2. This Agreement does not apply to temporary employees. This Agreement was executed by
the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE OFFICERS’ ASSOCIATION
____________________________________ _______________________________
Richard Bolanos, Chief Negotiator Stuart D. AdamsDale E. Strobridge,
Chief Negotiator Chief Negotiator
____________________________________ ______________________________
Monica Irons, Human Resources Director Aaron SchaferMatt Blackstone,
SLOPOA President
Negotiator
____________________________________ ______________________________
Greg Zocher, Human Resources Manager Amy ChastainChristy Beckwith,
Negotiator
______________________________
Russ Griffith, Negotiator
______________________________
Chad Pfarr, Negotiator
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______________________________
Barbara Sims, Negotiator
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APPENDIX A
CLASSIFICATION
Non-Sworn
Communications Technician
Evidence Technician*
Police Field Service Technician*
Police Cadet
Police Records Clerk I*
Police Records Clerk II*
Property and Evidence Clerk*
Denotes Non-Shift classifications
Sworn
Police Officer
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APPENDIX B
GRIEVANCE FORMS
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CITY OF SAN LUIS OBISPO PAGE _____ OR _____
FORMAL GRIEVANCE
INSTRUCTIONS: Grievance must be filed within 15 business days of the occurrence. First discuss with
your Immediate Supervisor, then with your Supervisor’s Superior. If not resolved, complete this form and
distribute in accordance with departmental procedures.
Grievant’s Name (PLEASE PRINT OR TYPE)
Class Title
Has this grievance been discussed with your Immediate Supervisor?
Date of Discussion
Name of Immediate Supervisor
Title
Has this grievance been discussed with your Supervisor’s Superior?
Date of Discussion
Name of your Supervisor’s Superior
Title
1. What is the action or situation about which you have a grievance?
(Be specific, give: date, time, location, and witnesses.)
2. What do you think should be done about it?
3. What was your Supervisor’s response?
What provision of the Rules, Regulations, or Agreement was violated?
Article of MOA
Department Rule
Date of Grievable Incident
What other person do you want notified of any hearings held or actions taken on this grievance?
Name: Mailing Address:
His/her role in grievance:
Grievant’s Signature: ____________________________________ Date: ____________________
Received by: ___________________________________________ Date: ____________________
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CITY OF SAN LUIS OBISPO
GRIEVANCE APPEAL
INSTRUCTIONS: Appeal to the City Manager must be filed within five (5) business days of receipt of the
Chief of Police’s decision. Appeal to the Hearing Officer must be filed within five (5) business days of
receipt of the decision of the City Manager. Complete form and distribute in accordance with
departmental procedures.
Grievant’s Name (PLEASE PRINT OR
TYPE)
Class Title
Date of Grievance Initiation
I wish to appeal the Grievance Response signed by:
Name: Title: Date:
Level to which grievance is being appealed: (CHECK ONE)
City Manager via Personnel Director Hearing Officer
Reason for Appeal:
Grievant’s Signature: ____________________________________ Date: ___________________
Received by: ___________________________________________ Date: ___________________
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APPENDIX C
Salary Range Listing - January 2016 - June 2018
JANUARY 2016
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I 1,596$ 1,680$ 1,768$ 1,861$ 1,959$ 2,062$ 2,170$ xx
POLICE RECORDS CLERK II 1,768$ 1,861$ 1,959$ 2,062$ 2,170$ 2,284$ 2,404$ xx
POLICE CADET 1,964$ 2,067$ 2,176$ 2,291$ 2,412$ 2,539$ 2,673$ xx
POLICE FIELD SERV TECH 2,075$ 2,184$ 2,299$ 2,420$ 2,547$ 2,681$ 2,822$ xx
PROPERTY & EVIDENCE CLERK 2,075$ 2,184$ 2,299$ 2,420$ 2,547$ 2,681$ 2,822$ xx
COMMUNICATIONS TECH 2,126$ 2,238$ 2,356$ 2,480$ 2,611$ 2,748$ 2,893$ xx
EVIDENCE TECHNICIAN 2,840$ 2,989$ 3,146$ 3,312$ 3,486$ 3,669$ 3,862$ xx
POLICE OFFICER 2,565$ 2,700$ 2,842$ 2,992$ 3,149$ 3,315$ 3,489$ 3,673$ 3,866$
JULY 2016
Summary of Changes: 1% Recruitment and Retention Market Increases
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I 1,611$ 1,696$ 1,785$ 1,879$ 1,978$ 2,082$ 2,192$ xx
POLICE RECORDS CLERK II 1,785$ 1,879$ 1,978$ 2,082$ 2,192$ 2,307$ 2,428$ xx
POLICE CADET 1,985$ 2,089$ 2,199$ 2,315$ 2,437$ 2,565$ 2,700$ xx
POLICE FIELD SERV TECH 2,096$ 2,206$ 2,322$ 2,444$ 2,573$ 2,708$ 2,850$ xx
PROPERTY & EVIDENCE CLERK 2,096$ 2,206$ 2,322$ 2,444$ 2,573$ 2,708$ 2,850$ xx
COMMUNICATIONS TECH 2,148$ 2,261$ 2,380$ 2,505$ 2,637$ 2,776$ 2,922$ xx
EVIDENCE TECHNICIAN 2,868$ 3,019$ 3,178$ 3,345$ 3,521$ 3,706$ 3,901$ xx
POLICE OFFICER 2,592$ 2,728$ 2,872$ 3,023$ 3,182$ 3,349$ 3,525$ 3,710$ 3,905$
JANUARY 2017
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I 1,644$ 1,730$ 1,821$ 1,917$ 2,018$ 2,124$ 2,236$ xx
POLICE RECORDS CLERK II 1,820$ 1,916$ 2,017$ 2,123$ 2,235$ 2,353$ 2,477$ xx
POLICE CADET 2,024$ 2,131$ 2,243$ 2,361$ 2,485$ 2,616$ 2,754$ xx
POLICE FIELD SERV TECH 2,138$ 2,250$ 2,368$ 2,493$ 2,624$ 2,762$ 2,907$ xx
PROPERTY & EVIDENCE CLERK 2,138$ 2,250$ 2,368$ 2,493$ 2,624$ 2,762$ 2,907$ xx
COMMUNICATIONS TECH 2,191$ 2,306$ 2,427$ 2,555$ 2,689$ 2,831$ 2,980$ xx
EVIDENCE TECHNICIAN 2,924$ 3,078$ 3,240$ 3,411$ 3,591$ 3,780$ 3,979$ xx
POLICE OFFICER 2,643$ 2,782$ 2,928$ 3,082$ 3,244$ 3,415$ 3,595$ 3,784$ 3,983$
Summary of Changes: 2% COLA all classifications
Summary of Changes: 2% COLA all classifications
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JULY 2017
Summary of Changes: 1% Recruitment and Retention Market Increases
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I 1,660$ 1,747$ 1,839$ 1,936$ 2,038$ 2,145$ 2,258$ xx
POLICE RECORDS CLERK II 1,839$ 1,936$ 2,038$ 2,145$ 2,258$ 2,377$ 2,502$ xx
POLICE CADET 2,045$ 2,153$ 2,266$ 2,385$ 2,511$ 2,643$ 2,782$ xx
POLICE FIELD SERV TECH 2,158$ 2,272$ 2,392$ 2,518$ 2,650$ 2,789$ 2,936$ xx
PROPERTY & EVIDENCE CLERK 2,158$ 2,272$ 2,392$ 2,518$ 2,650$ 2,789$ 2,936$ xx
COMMUNICATIONS TECH 2,213$ 2,329$ 2,452$ 2,581$ 2,717$ 2,860$ 3,010$ xx
EVIDENCE TECHNICIAN 2,955$ 3,110$ 3,274$ 3,446$ 3,627$ 3,818$ 4,019$ xx
POLICE OFFICER 2,669$ 2,809$ 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ 3,822$ 4,023$
JANUARY 2018
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I 1,693$ 1,782$ 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ xx
POLICE RECORDS CLERK II 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ 2,424$ 2,552$ xx
POLICE CADET 2,085$ 2,195$ 2,311$ 2,433$ 2,561$ 2,696$ 2,838$ xx
POLICE FIELD SERV TECH 2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ xx
PROPERTY & EVIDENCE CLERK 2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ xx
COMMUNICATIONS TECH 2,256$ 2,375$ 2,500$ 2,632$ 2,771$ 2,917$ 3,070$ xx
EVIDENCE TECHNICIAN 3,012$ 3,171$ 3,338$ 3,514$ 3,699$ 3,894$ 4,099$ xx
POLICE OFFICER 2,722$ 2,865$ 3,016$ 3,175$ 3,342$ 3,518$ 3,703$ 3,898$ 4,103$
Summary of Changes: 2% COLA all classifications
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RESOLUTION NO . 10248 (2011 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING IT S
COMPENSATION PHILOSOPHY SUPERSEDING PREVIOU S
RESOLUTIONS IN CONFLIC T
WHEREAS,the City of San Luis Obispo strives to provide excellent service to th e
community at all times, and supports this standard by promoting organizational values includin g
customer service, productivity, accountability, innovation, initiative, stewardship, and ethics ; an d
WHEREAS,to achieve our service standards, the City must attract and retain wel l
qualified employees who exemplify our organizational values ; an d
WHEREAS,fostering an environment attractive to such employees depends upon man y
factors, including a competitive compensation program .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo that the City's compensation philosophy is adopted as follows :
SECTION 1 .The City is committed to providing competitive compensation as part o f
an overall strategy of attracting and retaining well qualified employees who exemplify ou r
organizational values .
SECTION 2 . The City will consider total compensation, including but not limited to ,
salary, health, retirement, and time off benefits .
SECTION 3 .In evaluating competitive compensation, the City considers :
A.Financial sustainability including the City's financial condition as reflecte d
throughout the financial forecast, competing service priorities, maintenance needs, capita l
improvement and other asset requirements, fund reserve levels, and revenue projections prior t o
implementing changes in compensation .
B.Community acceptability since taxpayers and ratepayers ultimately fund al l
employee compensation .
C.The "relevant labor market"that may vary depending upon classification and i s
primarily defined by the geographic region (local, state-wide, or national) and key market s
(municipal, other government agencies, private sector) where labor talent is found, recruite d
from, and/or lost.
When the relevant labor market is defined as "local"; local private sector compensation data wil l
be considered along with local public sector compensation (municipal and other governmen t
agencies . When the relevant labor market is statewide or national, the City will conside r
compensation date for public sector agencies (municipal and other government) with severa l
R 10248
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Resolution No . 10248 (2011 Series )
Page 2
comparable demographic data points including but not limited to population, median home price ,
median household income, median age, median education level, services provided, an d
unemployment rate . Quality of life should also be considered when selecting comparable
municipal and other government agencies .
D."Internal relationships"referring to the relative value of classifications to on e
another as determined by the City . Classifications performing comparable duties, wit h
comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment ,
will be valued similarly in the City's compensation structures .
E.Other relevant factors may include unforeseen economic changes, natura l
disasters, states of emergency, changes in City services, and changes in regulatory or lega l
requirements .
SECTION 4 .At least every five years, the City will evaluate its compensation structure ,
programs, and policies to assess market competitiveness, effectiveness, and compliance with Stat e
Law . Adjustments to the compensation structure may be made as a result of this periodi c
evaluation and will be done through the collective bargaining process, if applicable, or othe r
appropriate Council-management processes .
Upon motion of Council Member Carter, seconded by Council Member Carpenter, and o n
the following vote :
AYES :
Council Members Carpenter, Carter and Smith, and Mayor Mar x
NOES :
Vice Mayor Ashbaug h
ABSENT : Non e
The foregoing resolution was adopted on March 15, 2011 .
ATTEST :
Elaina Can o
City Clerk
APPROVED AS TO FORM :
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